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VOL J (06-02-1954 to 12-19-1957) L :r='~~. :-1 " L r-: . f' y " I ", . / I . , ) , / 'I /l '.... " ,.,... . I ", , I, ) I ,''"'''II1II 1 " ,I " ROAD DISTRICT PErITION BOND ELECTION, ROAD.DISTRICT 1 PETITION FOR ROAD BOND ELECTION .JUNE 2nd, 1954 Term -. " THE STATE OF TEXAS I I COUNTY, OF CALHOUN I TO THE HONORABLE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS: " We, the undersigned resident property taxpaying voters of Road District No.1, of Calhoun County, Texas, who own taxable property within said Road District and who have duly rendered the same for taxation, respectfully pray your Honorable Body to order an election in said Road Dis- trict No.1, of Calhoun County, T~xas, to determine whether the bonds of said Road District sha1a. '. be issued in the amount of Three Hundred Thousand :($300,000.001 DOllars, bearing interest at a " rate not to exceed three 0%) per' cent perannum, and maturing at such-t'lmes .as may be fixed by ~ ~ the Commissioners Court, serially or otherwise, not to exceed twenty (20) years from the date thereof, for the purpose of the construction, maintenance and operation of macadamized, graveled or paved road~ and turnpikes, or in aid thereof, within said District; and whether an ad valorem tax shall be levied upon the property of said Road District No. I, subject to taxation, for the purpose of ~aying the annual interest on said bonds and providing a sinking fund for the redemp- tion thereof at maturity. The metes and bounds of said Road District No. 1 are as reflected by order of the Commis- --./ ~ sioners Court of Calhoun County, Texas, establishing said Road District, passed on the 15th day of January, 1912, which order is of record in Book D, Page 433, et seq., Minutes of the Commis- sioners Court of Calhoun County, Texas. " . WHEREFORE, your pet~tioners respectfully pray as set forth hereinabove and further that your Honorable Body fix a time and place of hearing on this petition,; and that the Clerk of this Court be ordered to post and publish the notice of such hearing in the manner and form for the length of time as required by law. . DATED the 2 day of June, 1954. Bernice Weaver Mrs. Luther Wise, Jr. Mrs. Bernice Taylor , ' S. F. Taylor C. H. Stiernberg . W. G. Jordan '. T. G. Dowda T. A. strain C. W. Coward W. M. Cook, Jr. R. N. Estes C. F. Brunswick J. L. Cook R. H. West J. A. Peeler Jas. D. Henley Mrs. J. D. Carpenter Roy Creed William Brock E. B. Sanders Mrs. A. L. Romike Y. Z. Helms, sr. . T. E. Bishop J. L. DeForest J. R. Lance Mrs. E. A. Bierman B. H. DeForest Mrs. E. L. Wooldridge R. P. McAlister - Carlton L. Flow~ Mrs. B. H. DeForest - Mrs. Ruth Bindewald Mrs. J. N. Henderson L. R. Madden Fred F. Weber L. G. Gunlock Mrs. Frank Morgenroth Frank Deau J. P. Nunley W. H. Maddux , 'Monty Simpson J. V. Coward O. G. Holder, Sr. Mrs. L. R. Madden R. M. Ryon:, Myrtle Hawes E. L. Wooldridge S. R. Scival1y R. T. Cunningham Mrs. R. M. Ryon Billy Coward Earl Middlebrook Mrs. Earl Middlebrook Luther Wise, Sr. J. M. Snider J. N. Henderson FILED June 2, 1954 D. M. Taylor M. L. Scott Maurice G. Wood Countv Clerk. Calhoun Countx, 'l'A)C!il.3.. .iil r2 ,.",;../;., . ',--,- 00 ~- ~I- l'XJ- 'i~ - - J. C. Williams Mrs. J. C. Williams R. A. vlagener Hughie C. Milstead John C. Johnson Mrs. John C. Johnson Mrs. O. B. Cassel H. J. Hahn Mrs. H.J.. Hahn A. L. Wagener Mrs. A. L. Wagener Mrs. Lee stuart Lee Stuart R. W. Whatley Jim Tanner . H. C. Dunlap . Mrs ~ H: C. Dunlap C. C. Sneed Mrs. C. C. Sneed C. A. Crober Mrs. C. A. Crober J. S. Sikes C. R. Sikes, Jr. Mrs. C. R. Sikes, Jr. R.C.=Wood Mrs. R. C. Wood - Mrs. M. M. Crober .i..R. E. Smart Mrs. R. E. Smart I W. H.' Grober V~s. W. H. Crober 1rs. Jim Tanner .. B. Bissett . A. Sikes rs. W. A. Sikes :>5. R. W. Whatley 's. Charles A. Krause ,arles A. Krause arles B. Krause itz H. Sturm l. Fritz H. Sturm ,0 Marek . otto Marek A. 'Brown, . O. A. BrOV(n lley M. Matson S. M. Matson er stuart -W,alt.e:c-s.t.n" "t-, Mrs. R. B. Madden R. B. Madden ~ . . ~ , ., oj ,"I ri '. t; I l " \ i " iol ~ ! i \ I H.' M. Heinroth A. J. Girard Earl Lewis W. L. Preslar A. R. Berger P. L. Lewis Mrs. G. A. Ho1zheuser L. W. Hawes - .. t _ Mrs. Lloyd W. Hawes Mrs. Sidney Albrecht Mrs. Hugh A. HaWes Edna T. Whittaker , Mrs. E. T. Whittaker ~ws. S. P. Ortiz Hugh A. Hawes . Wayne Jamison . Mrs. Wayne Jamison E. M:'Gonzales Mrs. A. J. Girard Homer P. Clark Mrs. Homer P. Clark ,Mrs. Hqward stapp, Jr. I, H. L. McVey R. E. Byers G. A. Holzheuser . Larry Haas " Mary Haas eO " , T. A. McDonald '. W. D. Stevens . Robert L. Bierman Carl H. ~1anue1 " Roy F. Adams . . Ben J. Dworaczyk . .,. Emmett Sonnerman . Lester H. Shafer I . "d" - I , . '... ,.. . ";' ,~'-; "-.. ~~'~~. 3 ,,~ , , ORDER SRrTING' PErITION DOWN FOR HEARING . THE STATE OF TEXAS COUNTY OF CALHOUN I I I -On this the 2nd day of June, 1954, the Commissioners Court of Calhoun County, Texas, was convened in regular session at a Special Term thereof at the Courthouse in Port Lavaca, Texas, :with the following members of the Court present, to-wit:, I I HOWARD G. HARTZOG, FRANK E. WEDIG, R. F. KEMffiR, L. B. GRIFFITH, CLARENCE BARTON, MAURICE G. WOOD, County Judge, Commissioner Precinct No.1, Commissioner Precinct No.2, Commissioner'Precinct No.3, Commissioner Precinct No.4, County Clerk, when, among other proceedings had, the following order was passed: WHEREAS, Road District No. created by Chapter 125, special 1, of Calhoun County, Texas, has been heretofore duly and legall] Laws of the 39th Legislature, First Called Session, 1926, includ- . - ing within its ,limits the territory described and defined in the order of the Commissioners Court of Calhoun County, Texas, passed on the 15th day of January, 1912, establishing said Road District, and which order is recorded in Book D, Page 433, et seq., Minutes of the Commissioners Court of said County; the metes and bounds of ~aid Road District No.1, as described.and defined in said order of the Commissioners Court being as follows: BEGINNING at a stake on Chocolate Bay in the Pascual Guajardo League of land, the.Southeast corner of the Whittenbert tract, and the Northeast corner of the Thomas Pasture tract on said Chocolate Bay, which stake is North 34 deg. 30' West 3050 vrs. ,and North 55 deg. East 5354 vrs. I from the South West corner of the Pascual Guajardo League Grant; THENCE South 55 deg. West 1177 vrs. along the North fence of the Thomas pasture to the Rortli- west side of the Seadrift road; THENCE S. 9 deg. West with the Northwest line of said road 5800 ,vrs., more or less, to its intersection.with the South line of. the WM. P. LeWis 1/3 league survey; THENCE South 35 deg. West with the lower line of said Wm. P. Lewis and Wm. Lewis 640 acre I survey 4000 vrs., more or less, to the Southwest corner of the Wm. Lewis and Southeast corner of the E. Farias ,surveys said corner being also the East corner of the A. Roemer pasture; THENCE North 55 deg. West with survey lines coramon to the Wm. LeWis, E. Farias, J. C. Post and Thomas Work survey 3800 vrs., more or less, to the North corner of the Thomas Work survey anc' West corner of the J. C. Post survey, being also a corner of the Roemer and Thomas pastures; THENCE South 35 deg. West 3382 vrs., more or less, with the Roemer and Thomas Pas~ure fence along the West boundary of the 'rhomas Work surV'ey and through the I. & G. N. Survey No. 2 to East line of the E. Votaw Survey; THENCE North 35 deg. West 5375 vrs. to West corner of F. W. Roemer survey on line of Trayl~ . pasture fence; I THENCE North 55 deg. 15' East 1500 vrs,. to corner a,'c'orner of Thomas pasture; THENCE North 34 deg. 45's West 450 vrs. a corner and corner of Thomas pasture; THENCE North 55 deg. 15' East 359 vrs. a stake in corner of Thomas pasture fence; THENCE North 35 deg. West with east line of Rendon League 4000 vrs., more or less, to South line o~ Lopez League; THENCE North 55 deg. East 1600 varas more or less, to the East corner of the Lopez League; THENCE North 35 deg. West 1900 vrs., more or less, to South corner of Mrs. Fannie Boyd~ Alexander, Crain, Harris & Brooks survey; THENCE' North 55 deg. East 500 vrs., more or less, to East corner of said A. C. H. & B. Survel.. THENCE North 15 del':. West 16000.-1[rs..q-IDor.ELo.r....J..e.~thr_o)lgh t,h"~uadr.l) 1,,~P;<lt,i9=C,om:-,~J . ll..: ,~~.t --,~ JIll"""'" 4 ~n ~ eo 1'.1 I pany's Survey, the C. F. Worcester Survey and Frederick Lundt Survey to the Calhoun-Victoria - - County Line, which point is North 75 deg. East 8000 vrs. from the North corner ~f the Si~neros . League; THENCE South 75 deg. West 8000 vrs. with said County line to the North corrnr'of the A. > 'rHENCE South 55 deg. West 15000 vrs., more or less, to the West bank of the Guadalupe rive:r; I I 'I Sisneros Grant a corner in the County Line; THENCE down said river, with its;,meanders to its mouth in Guad~lupe Bayou; THENCE down the West b~nk of' Guadalupe Bayou to San Antonio Bay; THETICE Southerly across said Bay to Cedar Bayou between Matagorda ~nd.St. Joseph's Islands; THENCE with said Bayou ,to the Gulf; , THENCE in a Northeast~~ly direction along and around the shore of Matagorda Island to Saluria . . Bayou; . THENCE Northwesterly to Alligator Head; 1 , - County, Texas, who own t~able,property within said~Road District .and vho have duly rendered the same for taxation, asking that.an election be ordered to be held within and throughout ~aid Road THENCE up the West shores of Matagorda" Lavaca and Chocolate ,Bays, to the place of beginnin! . AND HHEREAS, on this the 2nd day of June, 1954, there was presented to this Court a petition , of more than fifty (50) resident property taxpaying voters of Road District No.1, of Calhoun . " District No.1, of Calhoun County, Texas, to determine whether the bonds of said be issued in the amount of Three Hundred Thousand ($300','000.00) Dollars, for the Road District Still purpo~e of the clon- . ' struction, maiqtenance and op~ration of macadamized, graveled or paved roads and turnpikes, or ir aid thereof, within said District; and whether or not an ad valorem tax shall be levied upon the , property in said ,Road District No. ,1, , paying the interest on said bonds and of Calhoun County, subject to taxation, for the purpose of , providing a sinking fund for the redemption thereof at ,maturity; said bonds to bear interest at a rate not to exceed three (3%) per cent ,pe r annum, and to mature at such times as: may be fixed by the Commissioners Court, serlaliy or otherwise, not to exceed tl-Jenty (20) years from the date thereof; . , I: I I I AND IT APPEARING to the Court that said Road District No.1, of Calhoun County, Texas, has been heretofore cr,eated and established, and that said petition is in proper form and/is signed by the requisite number of resident property taxpaying voters of said Road District No.1, who own taxable property in said District and who have duly r~~dered the same for taxation; , IT IS THEREFORE ,ORDERED BY THE CONHISSIONERS COURT OF CALHOUN COUNTY, TEXAS: . That said petition be, and the same is hereby set down for hearing before the Commissioners Court of Calhoun county, Texas, at the Courthouse of said County at Port.Lavaca, Texas, at 10:00 o'clock A M., on the 220nd day of June, '1954, which date.is not less than fifteen (15) nor more . than thirt,y (30) days fr,om the date of this order. , - The Clerk of this Court shall forthwith issue a notice of such time ~d p1ace.of hearing, I which notice shall inform all per,sons concerned of the time and place of hearing and of their right to appear at such hearing and contend for or protest the ordering of such bond election, which notice shall consist of a copy of this order, or shall contain the substance thereof.. Said ___r-/ " I Clerk shall execute such notices by posting true copies thereof in three (3) public places withii said Road ~istrict No.1, of Calhoun county, Texas, and one at the Courthouse door of said countJ!, which notices shall be posted at least ten (10) days prior to the date of said hearing, and sha1] d _ ..... .__~_ff' also cause such notice to be published in a newspaper of general~~rculaflon published in said ~ Road District No.1, one time at least five (5) days prior to such hearing. If no newspaper is pub1~shed within said Road District, then such notice shall be published in some newspaper pub- lished in Calhoun county. At such hea~ing any person interested may appear bef.ore the Court in person or by attorney 1 . and contend for or nrotest the calling of. such ~osed .e1ection and it. is understood that such . ,:...1 ,.-.",,- ..... 5 .-- '-'-' hearing may be adjourned from day to day and from time to time as the court may deem necessary. . ,The above order being read, it was moved and seconded that same do~ass. Thereupon, the question being called for, the follol-ling members of the Court voted AYE: Wedig, Kemper, Griffi th, Barton;' and the following voted NO: NONE. HOWARD G. HARTZOG County Judge, I FRANK E. WEDIG COMMISSIONER ,PRECINCT NO. 1 R. F.' KEMPER CO~mISSIONER PRECINCT NO. 2 L. B. GRIFFITH COlli1ISSIONER PRECINCT NO. 3 CLARENCE BARTON CO~USSIONER PRECINCT NO. 4 ----- --------- NOTICE OF HEARING ON PErITiON . COUNTY OF CALHOUN I I 1 I THE STATE OF TEXAS TO THE RESIDENT PROPER'rY TAXPAYING VOTERS OF ROAD DISTRICT NO.1, OF CALHOUN COUNTY, TEXAS: TAKE NOTICE that a hearing will be held at the Courthouse at fort Lavaca, Texas, at 10:00 o'clock A.M." on the 220nd day of June, 1954, to determine whether or not an election shall be . ordered by the Commissioners Court of Calhoun County, within said Road District No.1, of Calhoun County, Texas, in obedience to an order entered by the Commissioners Court on the 2nd day of June, 1954, which is as follows: nWJiEREAS, Road District No: 1 of Calhoun County, Texas, has been heretofore duly and 1ega1- _. , ly created by Chapter 125, Special Laws of the 39th Legislature, First Called Session, 1926, in- cluding within its limits the territory described and defined in the order of the Commissioners Cuurt of Calhoun County, Texas, passed on the 15th day of January, 1912, establishing said Road , District, and which order is recorded in Book D, Page 433, et seq., Minutes of the Commissicners I , Court of said County; the metes and bounds of said Road District No.1, as described and defined .. in said order of the Commissioners Court being as follows: BEGINNING at a stake on Chocolate Bay in the Pascual Guajardo League of land, the Southeast corner of the Whittenberg tract, and the Northeast corner of the Thomas Pasture tract on said Chocolate Bay, which stake is North 34 deg. 30' West 3050 vrs. and North 55 deg. East 5354 vrs. rrom the South West corner of the Pascual Guarjardo League Grant; . - THENCE South 55 deg. West 1177 vrs. along the North fence of the Thomas pasture to the North' west side of the Seadrift road; THENCE S. 9 deg. West with the NorthWest line of said road 5800 vrs., more or less, to its intersection with the South line of the Wm. P. Lewis 1/3 league survey; I THENCE South 35 deg. West with the lower line of said Wm. P. Lewis and Wm. Lewis 640 acre survey 4000 vrs., more or less, to the Southwest corner of the Wm. Lewis and Southeast corner of the E.Farias surveys said corner being also the East corner of the A. Roemer pasture; , THENCE North 55 deg. West with survey lines common to the Wm. Lewis, E. Farias, J. C. Post and Thomas Work survey 3800 vrs., more or less, to the North corner of the Thomas Work survey and West corner of the J. C. Post survey, being also a corner of the Roemer and Thomas pastures; I "THENCE South 35 deg. West 3382 vrs., more or less, with the Roemer and Thomas Pasture fence along the'West boundary of"the Thomas Work survey and through the I. & G. N. Survey No.2 to East line of the E. Votaw Survey; THENCE North 35 deg. West 5375 vrs. to West corner of F. W. Roemer survey on line of Traylor pasture fence; . THENCE North 55 deg. 15' East 1500 vrs. to corner a corner of Thomas pasture; THENCE North 34 deg. 45's'west 450 vrs. a corner and corner of Thomas pasture; . THENCE North 55 deg. 15' E'ast 359 vrs. a stake in corner of Thomas pasture fence; THENCE NOrth 35deg. line of Lopez League; West with east line of Rendon League 4000 vrs., more or less, to South .... ... II""" 6 - ---0---1"_ 00 ~ ~ ,tt1 1'.;1 THENCE North ;,;, deg. East 1000 varas more or less, to the East corner of the Lopez League; THENCE North 35. deg. West 1900 vrs., more or less" to South ,corner, of Mrs. Fannie Boyd~ , Alexander;; , Crai n,: Harris &: Brooks survey; THENCE North 5.5 deg. East 500 vrs., more or less" to East corner of said A.C .H. &: B.~ surve~l; THENCE North 35 deg. West 16000 vrs., more,or 1es~',through the Quadrilla Irrigation compan1's survey No.3, the Day, Land and Cattle Company's Survey, the C. F. Worcester Survey and Frederick LUndt survey to the ,Calhoun-Victoria County line, which point is North 7.5 deg.East 8000'Vrs;,'f)om the North corner of the Sisneros League; THENCE South 75 deg. West 8000 vrs. with said County line to the North corner of the A. Sis- . I neros Grant a corner in the County Line; THENCE South 5.5 deg. West 15000 vrs., more or less, to the West bank of the Guadalupe River; THENCE down said river, with its meanders to its mouth in Guadalupe Bayou; I THENCE down the West bank of Guadalupe Bayou to San Antonio Bay; THENCE Southerly across said Bay to Cedar Bayou between Matagorda and St. Joseph's Islands; THENCE with said Bayou to the Gulf; THENCE in a Northeasterly direction along and around 'the shore of Matagor~a Island to Sa1ur~a Bayou; THENCE Northwesterly to Alligator Head; THENCE up the West shores of Matagorda, Lavaca: and Chocolate Bays, to the place of beginninj' AND WHEREAS, on this the 2nd day of June~ 1954, there was p;esented to this Court a petition I of more than fifty (50) resident property taxpaying voters of Road District No.1, of,Calhoun .' . County, Texas, who own taxable property within aaid Road District and who have duly rendered the same for taxation, asking that an election be ordered to be held within and throughout said Road District No.1, of Calhoun county, Texas, to determine whether the bonds of said Road District , .. shall be issued in the amouht of Three Hundred Thousand ($300,000.00) Dollars, for the purpal e ofi t be construction, maintenance and operation of macadamized, graveled or pa~ed roads and turnpikes, o~ I in aid thereof, within said District; and whether or not an ad valorem tax shall be levied upon the property in said Road District No.1, of Calhoun County, subject to taxation, for the purpose , of paying the interest on said bonds and providing a sinking fund for the redemption thereof at maturity; said bonds to bear interest at a rate not to exceed three (3%) per cent per annum, and to mature at such times as may be fixed by the Commissioners Court, serially or otherwise, not to . . exceed twenty (20) years from the date thereof; AND IT APPEARING t~ the Court that said Road District No.1, of Calhoun County, Texas, has . , , ~een heretofore created and established, and that said petition is in' proper form and is signed by the requisite number of resident property taxpaying voters of said Road District No.1, who ow,. taxable property in said District and who have duly rendered the same for taxation; , , IT IS' THEREFORE ORDERED BY THE COMMISSIONERS COUR'r OF CALHOUN COUNTY, 'rEXAS: That 'said petition be, and the same'is hereby set do.in'for hearing'before the Commissioners Court of Calhoun County, Texas, at the Courthouse of said County at Port Lavaca, Texas, at 10:00 I 0' c10ck,,..A,.M., on the 220nd day of, June; 1954, Which date' is not les~ than fUteen (15) / nor, more , than thirty (30) days from the date of this order. I . - . ~ . The Clerk of this Court shall forthwith issue a notice of such time and place of hearin& ~ d~~ "thiCh notice shall inform all persons concerned of the time and place of hearing and of their right to appear at such hearing ~nd'contend for or protest the ordering'of such bond election, hich notice shall consist of a copy of this order, or shall contain the substance thereof. Said , Clerk shall execute such notices by posting true copies thereof in said Road District No.1, of Calhoun County, Texas, and one at the three (3) public places within , .' I Courthouse door of said Count~ . ~hich notices shall be posted'at least ten (10) days prior to the date of said hearing, and shall . . . ~" '" .. also cause such notice to be published in a newspaper of general circulation published in said ... ..... ..... ""Il 7; - . Road District No.1, one time at least five (5) days prior to such hearing. If no newspEper is published within said Road DistY'ict, then such notice shall be published in some newspaper pub- I lished in Calhoun County. At such hearing any person interested may appear before the Court in person or by attorney and contend for or protest the calling of such;proposed election, and it is understood that such hearing may be adjourned from day to day and from time 'to time as the Court may deem nec'essary.1f GIVEN UNDER MY HAND and seal of office, at Port Lavaca, Texas, this the 11th day of June, 1954. (SEAL) MAURICE G. \'WOD County, Clerk and Ex-Officio Clerk of the Commissioners Court, Ca~houn County, Texas. I REGULAR JUNE TERM 1954 HELD JUNE 14, 1954 . THE STATE OF TEXAS I I COUNTY OF CALHOUN I BE IT REMEMBERED, that on this the 14th, day of June, 1954~there was begun and holden at th~ Courthouse in the City of Port Bavaca, said County and State a Regular Term of the Commis- sioners' Court within and for said County and State, there were' present on this day the fo110w- ing members of the Court, to-wit: Frank E. Wedig,Commissioner Pro 1 Maurice G. Wood, County Clerk L. B. Griffith, Commissioner Pro 3 (Absent) Howard G. Hartzog, County Judge R.F. Kemper, Commissioner PI'. 2 , Clarence Barton, Commissioner Pro 4 WHEREUPON THE FOLLO\-iING ORDERS WERE l'iADE AND ENTERED BY SAID COURT TO-WIT: 1 ~; ~r '~~ ~~ ~r {t- {; ..;} .0;":. ~:.. ~.. ~" TREASURER'S REPORT FOR MAY APPROVED On this ~he 14th day of June, '1954, at a Regular Term of the Commissioners' Court of Calhoun . County, Texas, with all members of the Court being present, Miss Mary Stephens, County Treasurer presented her report of the month of May, and it having been read in open Court and the Court having duly considered the same together with the exhibit's accompanying same, and having the balances compared' in the various accounts with those reported by the County Depository and find- ~?g said,Report to be correct, on mot~on duly made, seconded and carried, the County Treasurer's Report for the month of May, 1954, be ordered approyed. I TAX ASSESSOR AND COLLECTORS REPORT FOR MAY APPROVED At a Regular Term of the Commissioners' Court of Calhoun County, Texas, held on the 14th day of June, 1954, in the City of P<r t Lavaca, all members of the Court being present on that da::; , , Mrs. C. B. GUidry, Deputy, presented the Tax Assessor-Collectors Report for the month of May, t ogether with the tax rece ipts and other receipts accompanying same, and finding said r epar> t to be correct and in due form. Thereupon on motionduiy made, seconded and carried, it is ordered that the Tax Assessor-Collectors Report for the month of May be and it is hereby approved. I . Iro.. r"g 00 -~ --. ~ ~ ~ECOND SPECIAL JUNE TERM HELD JUNE' 22, 1954 ' THE STATE OF TEXAS COUNTY OF CALHOUN I I . BE IT REMEMBERED, that on this the 22nd day of June, 1954, there was begun and holden at , , I L "C ' of Port avaca, said County and State a Special term of the ommissioners' the Courthouse in the City Court within and for said County and State, there were present on this day the following members of the Court, to-wit: I . Howard G. Ha!tzog, County-Judge Frank E. Wedig, Commissioner Pro 1 R. F. Kemper, Commissioner- Pr.' 2 Maurice G. Wood, County Clerk L. B. Griffith, Commissi. oner Pro 3 \' . Clarence Barton, Commissioner Pro 4 , WHEREUPON THE FOLLOWING ORDEHS WERE MADE AND ENTERED BY SAID COURT, TO-WIT: I ., AFFIDAVIT OF POSTING NOTICE OF HEARING THE STATE OF TEXAS I I COUNTY OF CALHOUN I ^ BEFORE HE, The undersigned authority,on this day personally appeared Maurice G. Wood, . .. ..- who, after being by me duly sworn, says upon his oath: 1. That he posted a true copy of the Notice'of Hearing hereto attached at three publiC places in Road District No.1, of Calhoun County, Texas, to-wit: One at Long Mott Post Office; One at Seadrlft Post Office; and . . One at Port O'Connor Post Office; and also One at the , Courthouse door of Calhoun County, Texas, and that he caused a copy of said Notic3 in Port Lavaca Wave~ a newspap!'lr of general circulation published in CaJhoun coJ~y, I to be publiShed there being no newspaper published in Road District No.1, of Calhoun County, Texas. .. 2. That said notices were posted by him on the 11th day of June, 1954, which was not t ' less than ten (10) days before the date of said hearing, and that said notice w~s published as aforesaid on the 17th day of June, 1954, Which was not less than five (5) days prior to the date of hearing. .- (SEAL) Maurice G. Wood COUNTY CLERK, CALHOUN COUNTY, TEXAS. SUBSCRIBED AND SWORN TO by Maurice G. Wood, on this the 22nd:day of June, 1954. Opal M. Hayes ~OTARY PUBLIC, CALHOUN COUNTY, TEXAS. . - - - - - - - - - - - - ,FFIDAVIT OF PUBLICATION OF NOnCE OF I-lEARING HE STATE OF TEXAS I I ]OUNTY OF CALHOUN I I ^ .p BEFORE ME, the undersigned authority, on this day personally appeared Viv~'G. Paul,who, lfter being by me duly sworn, says upon his oath: t 1. That she is the Editor and Published of The Port Lavaca Wave, a newspaper of general _ ~,.# 5 I irculation published in Calhoun County~ fexas. 2. That she publiffied a true and correct copy of the Notice of Hearing hereto attached ~ said paper on the 17 day of June, 1954, the date of publication being at least five (5) days ~ior to the date of said hearing. ~-~~ Viva G. Paul SWORN TO AND SUBSCRIBED before me by VivaG. Paul, this the' 21st da'y of June, 1954. . EAL) LED, JUN 22, 1954, Maurice G. Wood COUNTY CLERK, CALHOUN COUNTY, TEXAS. Ann M. Eisenhower NOTARY PUBLIC, CALHOUN COUNTY, TEXAS. Ann M. EISENHOWER - - - - - - - - - - - .... ,...-- ----- ""Ill 9 ORDER FOR ROAD BOND ELECTION . THE STATE OF TEXAS COUNTY OF CALHOUN I ~ I On this the 22nd day of June, 1954, the Commissioners Court of Calhoun County, Texas, con- vened in regular session at a Special ~erm thereof, at the regular meeting place in the Court- house at Port Lavaca, Texas, w,ith the following members of said Court present, to-wit: I . , HOWARD G. HARTZOG, FRANK E. WEDIG, R. F. KEMPER, L. B. GRIFFITH, CLARENCE BARTON, MAURICE G. WOOD, County Judge, Commissioner Precinct No.1, Commissioner, Precinct No.2., Commissioner Precinct No.3, Commissioner Precinct No.4, I County Clerk, . when, among other proceedings had, the following order was passed: On this the 22nd day of June, 1954, there came on to be heard the petition of more than fifty (50) resident property taxpaying voters of Road District No.1, of Calhoun County, Texas, the said petition having been set down for hearing on this date by an order of the Commissioners Court of Calhoun County, Texas, entered qn the 2nd day of June, 1954; and WHEREAS" at the time and place set for said hearing the matter came on for hearing and con- sideration, and it appearing to the Court that due arid legal notice of the date and place of said hearing has been given in the manner and for the length of time required by law, the Court pro- , ceeded to hear all evidence offered for and against said petition, and it appearing to the Court that said petition is signed by more than fi~ty of the resident property taxpaying voters of said Road District No.1, who own taxable property in said District and who have duly rendere( I the same for taxation; and WHEREAS, ~tfUrther appearing to the Court that the proposed improvements, would be for the benefit of all taxable property situated within said Road District No.1, of Calhoun County, Texas; and WHEREAS, the said petition prays that an election be 'held within and throughout said Road District No.1, of Calhoun County, Texas, to determine whether or not the bonds of said Read Dis- trict No.1 shall be, issued in the sum of Three Hundred Thousand($JOO,OOO.OO) Dollars, for the . purpose of the construction, maintenance and operation of macadamized, graveled cr paved roads and turnpikes, or in aid thereof, within said District, and whether or not an ad valorem tax ,shall be levied upon the property of said Road District No.1, subject to taxation, for the pur- I pose of paying the annual interest on said bonds and providing a sinking fund for the redemption thereof' at maturity; said bonds to bear interest at a rate not to exceed three (3%) per cent per per annUm, and to.mature at such times as may be fixed by the'Commissioners Court, serially or otherwise, not to exceed twenty (20) years from the date thereof; and WREREAS, it appearing to the Court that said Road District No.1, of Calhoun County~ Texas, has been heretofore created and established by order of the Commissioners Court of Calhoun County, Texas, passed on thr 15th day of January, 1912, and by Chapter 125, Special Laws of the 39th Leg islature, First Called Session, 1926,; and WHEREAS, it. further appearing to the Court that the said petition is in all things regular , and that the proposed bond issue does not exceed the constitutional limitation of one-fourth of the assessed valuation of the real property of said Road District NO.1, of Calhoun County, I 'l'exas; .' IT IS THEREFORE, considered, ordered, adjudged and decreed, and the Court does now so order consider, adjudge and decree that the said petition be granted and that an election be held wit=== in and throughout said Road District No.1, of Calhoun County, Texas, on the 24th day of JUly, 111954, which is not less, than thirty (30) da~s from the date of this order to determine wh~tllar--- , ---.------- .... r-10 00 ~ ~ t:o !'>>] , or not the bonds of said Road District No.1, of Calhoun County, Texas, shall be iss~ed in the amount of Three Hundred Thousand ($300,000.00) Dollars, bearing interest at a rate not to exceed three (3%) percent per annum, and to mature, at such times as may be fixed by the Commissioners Court, serially or otherwise, not to exceed twenty (20) years from the date thereof, for the pur- . - pose of the construction, maintenance md operation of macadamized, graveled or paved roads and turnpikes, ,or in aid thereof', within and for said Road District No.1, of' Calhoun County, Texas, and whether or not an ad valorem tax .sha11 be levied upon the propert,y in said Road District No. 1, suoject to taxatio~, ~or the purpose of paying the annual interest .on said bonds and providing a sinking f'und for the r~demp~ion thereof at,maturity. The said e+ection shall be held under the provisions of Chapter ,16,. General Laws of the State of Texas, passed by. the 39th Legislature at the First Called Session thereof. All persons who are 1egallY8ualified voters of this State .and of this County, and who I are resident property taxpayers. within said Road District No. 1, of Calhoun County, Texas, who ow , , , rendered the same for taxation, shaD' I , taxable property within said Road District and who have dply .. e, entitl,ed to vote at said ,ele.ction. " The ballots for said election shall have written or printed thereon the f'0110wing: OFFICIAL BALLOT . FOR THE ISSUANCE OF THE BONDS AND THE LEVYING OF THE TAX IN PATI1ENT THEREOF. AGAINST THE ISSUANCE OF THE BONDS AND THE LEVYING OF THE TAX IN PAYMENT TIIEREOF. EAch vot.er shall vote on the proposition hereby submitted by placing an X in the square eside the expression of his choice, or said voter may scratch or mark out one of said expressio , hus leaving the other as indicating his vote. The polling places and presiding officers for said election shall be as follows: RECINCT NO. VOTING PLACE TOWN PRESIDING OFFICER I 6 7 8 Mrs. C. B. Sacherson, Home Magnolia Beach Mrs. C. E. Sacherson School House. Long Nott Mrs. Louie Walker School House Seadrift Mrs. Laura Snook 10 School House Port O'Connor Green-Lake Mrs. Lloyd Hawes 11 Morman Gin Office , Lee Stuart 12 Humbl~ Prod., Office Heyser Nrs.Katie Moore The'manner of holding said, election shall be governed by the, General Election Laws of, t e State of Texas, when not in conflict with ~he provisions ,of the ~tatutes hereinabove'referred to. Notic~ of said election sh?11.be given by publication of a copy of this order ,in a news- Japer published in Calhoun County, Texas(there being no newspaper pUblished within said Road Dis- ;rict No.1), for,three successive weeks prior to said election. In addition thereto, there shal~ )e posted other, copies of this order at three public places in Road District No.1" of Calhoun :ounty, Texas, and one at the Courthouse door in Port Lavaca, Texas, for three weeks prior,to . I ,aid elect,ion,' The County, Cl~k is 'hereby directed to cause said notices to be !;}!blished and posted as bove directed, and further or<2-crs are reserved until the returns of said election are made,by he duly authorized election officers and received by The above ,order being read, it was moved and thi s C ourt,'T ' 4" /- seconded that same do pass. Thereupon, the I lestion being called for, t he follOWing members of the Court voted AYE: Wedig, Kemper, Griffit , lrton; and the following. voted NO: NONE. HOWARD G. HARTZOG , c: OpNTY JlJI)CTE ANK E. \~ED IG f<IMISS IONER , PRECINCT NO. 1 F. KEMPER Mf~ISSIONER PRECINCT NO. 2 lED. JUNE 22.t-l9.5Lh ' MAURICE G. WOOD L. B. GRIFFITH GOMMISSIONER,PRECINCT NO. 3 . " ' CLARENCE BARTON CO~rnISSIONER PRECINCT NO. 4 COUNTY CLERK CALHOUN COUNTY TEXAS. .;.. - - - - ...oil r 11 """I INOTICE OF ROAD BOND ELECTION . HE STATE OF TEXAS OUNTY OF CALHOUN I I I TO THE RESIDEN1' PROPERTY TAXPAYING VOTERS OF ROAD DISTRICT NO.1, OF CALHOUN COUNTY, TEXAS: TAKE. NOTICE that an election will be held on the 24th day of July, 1954, to determine if ,I said District shall issue bonds and if an ad valorem tax shall be levied in payment thereof, in IObedience to an election order entered by the Commissioners Court on the 22nd day of June, 1954, which is as follows: . "On this the 22nd day of June, 1954, there came on to be, heard the petition of more than fi'fty (50)resident property taxpaying voters of Road District No.1, of Calhoun County, Texas, the said petition having been set down for hearing on this date by an order of the Commissioners Court of Calhoun County, Texas, entered on the 22nd day of June, 1954; and WHEREAS, at the tinle and place set for said hearing the matter came on for hearing and con- sideration, and it appearing to the Court that due and legal notice of the date and place of sai he'aring has been given in the manner and for the length of time required by 1a1-l, the Court pro- ceeded to hear all evidence offered for and' against said petition, and it appearing to the Court that said petition is signed by more than fifty of the resident froperty taxpaying voters of sai Road Distr.ict,No. 1, ,who own taxaDle property in said District and who have duly rendered the I same for taxation; and. WHEREAS, it further appearing to t he Court that the proposed improvements would be for the benefit of all taxable property situated within said Road District No.1, of Calhoun County, Texas; and WHEREAS, the said petition prays that an election be held within and throughout said Road 1 District No.1, of Calhoun County, Texas, to determine whether or not the bonds of said Road Dis- trict No. 1 shall be: is&! ed in the sum of Three Hundred~ Thousand '(.$300,000.00) Dollars, for the purpose of the construction, maintenance and operation of macadamized, graveled or paved roads and turnpikes, or in aid thereof, within said District, and whether or not an ad valorem tax shall be levied upon the property of said Road District No.1, subject to taxation, for the pur- pose of paying the annual interest on 'said bonds and providing a sinking fund for the redempt-ion thereof at maturity; said bonds to bear interest at a rate not to exceed three (3%) per cent per . annum, and to mature at such times as may be fixed by the CommissioDSrs Court, serially or other- 1 wise, not to exceed twenty (20) years from the date thereof; and WHEREAS, it appearing to the Court that said Road District No.1, of Calhoun County, Texas, has been heretofore created and established by order of the Commissioners Court of Calhoun County Texas, passed on the' 15t~, day of January, 1912, and by Ch!:pter 125, Special Laws of the 39th LegM islature, First Called session, 1926; and 1 WHEREAS, it further appearing to the Court th~ the said petition is in all things regular and that the proposed bond issue does not exceed the constitut~onal limitation of one-fourth of the assessed valuation of the real property of said' Road District No.1, of Calhoun County, TexaE IT IS THEREFORE considered, ordered"adjudged and decreed, and the Court does now so ~der, consider, adjudge and decree that the said petition.be grmted 'and that an election be held with- in and throughout said Road District NO.,l, of Calhoun County, Texas, on the 24th day of July, 1954, which is not kss than thirty (30) days from the date of this order, to determine whether or not the bonds of said Road District-No.1, of Calhoun County, Texas, shall be issued in the amount of Three Hundred Thousand ~$300)OOO.OO) Dollars, bearing interest at a rate not to excee~ three 0%) per cent per annum, and to mature at' such times as may be fixed by the Commiss ioners Court, serially or btherwise, not to exceed twenty (20) years from the date ,thereof, for the pu~ pose of the construction, maintenance and operation of macadamized, graveled or paved roads and turnpikes, or in aid thereof, within and for said Road District No~ 1, of Calhoun County-~ Texas . 110... "'" 12 00 ~ ~ eo and whether or not an ad valorem tax shall be levied upon the property in s~id Road 1, subject to taxation, for the purpose of paying the annual interest on said bonds a sinking fund for the redemption thereof at mat~rity. The said election shall be held under the provisions of Chapter 16, General Laws of , ~ District NO ~~ and providing . the State of Texas~ passe~ by the 39th Legislatufe at the First Called Session thereof. All pers OIlS who a.re legally qualifieq votE!rs of this -State and of this County, and who are resident property taxpayers within sai,d Road District No.1, of Calhoun County, Texas, who own taxable property within said Road District and who have duly rendered the same fer tax- ation, shall be entitled to vote at said election. I, , The ballots for sai~ election shall have written or printed thereon the following: OFFICiAL' BAttOT FOR THE ISSUANCE OF THE BONPs film THE iEvnNG OF THE TAX IN PAYMENT. THERECF. AGAINST THE IssuANCE OF THE' BONDS ANn TH.'E i:E VYING OF THE TkC INPAYMENr THEREOF. I . .. . - Ee.ch,voter shall vote on the proposition'hereby'submitted by placing an X in the square , beside the expression' of his choice, or safd voter ~ay scratch or mark out ,one of said expres- sions, thus leaving the other ~s indicating his vote. The pOlling,ple,ces and presiding officers for. said election,shall be as follows: . PRECINCT NO; VOTINGftACE TOWN PRESIDING OFFICER 6 C. E. Sacherson, Res. Magnol1a Beach Mrs. C. E. Sacherson 7 School House Long Mott Mrs. Louie Wal.ker 8 Scho,ol House Seadrift Mrs. Laura Snook .:., , p lO School House Port 01 Connor Mrs. Lloyd Hawes 0 11 Morman Gin Green Lake Lee Stuart 12 , Humble Prod. Office Heyser Mrs. Katie M,oor.e h I The ~anner of hc~ding said election shall be,govern~d by the General Election Laws pf the State of Texas, when not in conflict with the provisions of the statutes hereinabove referred to. I Notice of said election shall be giv:en by pu'plic~tion of a, copy of this order in a newspaper ,published in palhoun County, Texas, (t.here being no newspaper published within said Road District ~o. ,1), for three successive weeks prior to said election. In addition thereto, there shall be pos,t;f3d cther,eopies of tJ:i~, ?:~f3r, (j,tUlree ,public places in Road District No.1', of Calhoun counp-' Texas, and' one at the Courthouse door in Port Lavaoa, Texas, for three weeks prior to said, electlion. The County Clerk is hereby directed to cause said notices to be published and posted ap abofe pirected, and further orders ~re reserved until the returns ~f said election are made by the duly authorized election officers and received by this Court." . GIVEN UNDER MY HAND and seal of office, < this the 22nd day of June, 1954. " '/ . ~-...-'-~URICE G. WOOD COUNTY CLERK AND EX-OFFICIO CLERK OF THE ' COMMISSIONERS COURT, CALHOUN COUNTY, TEXAS. , (SEAL) I FILED, June 22, 1954, Maurice G. Wood, County Clerk, Calhqun County, Texas - - - - - - - - < EXCHANGE OF RIGHT OF WAY ON EXTENSION OF VIRGINIA STREEr f ~~"'-/,) On this the ,22nd day of June, A.D. 195!+,~at 8:, SpeCial Term of the Commissioners' Ccurt of < ,I" ~athoun County, Texas, with ,all me~b~rs of the Court 'qeiI1g present,' on motion made ,by FrankWedig leconded by Frank Kemp~r the County Judge was instructed ,to e~ecute an exchange deed to S~y 'GO~fins ,n consideration of'new r~g~t of , way across Collins<tr~ct~ granting to Collins the old right-of-way :rossing'h+s property line on the extensiqn of,Virgin~a S\reet. It is so ordered. ------- ....., No furtqer business appearing before the court the Special Te~ was closed. . , ..... , 13 ~ THIRD SPECIAL JUNE TERM HELD JUNE 24, 1954 . THE STATE OF TEXAS COUNTY OF CALHOUN I I I BE IT REMEMBERED, that on this the 24th day of June, 1954, there was begun and holden at t, . I Courthouse in the City of Part Lavaca, said County and State a Special Term of the Commiss~onersl Court within and for said County and State, there were present on this day the following members 1 of the Court, to-wit: Howard G. Hartzog, County Judge Frank E. Wedig, Commissioner Pro 1 R. F. Kemp9 r, Commissioner Pro 2 Maurice G. Wood, County Clerk '. L. B. Griffith, Commissioner Pro 3 Clarence Barten, Commissioner Pro 4 1 WHEREUPON THE FOLLOWING ORDERS WERE MADE AND ENTERED BY SAID COURT, TO-WIT: . DRAINAGE DISTRICT NO. 10 ENGINEERS REPORT (PRELIMINARY) On this the 24th day of June"1954, at a Special Term of th~ pommissioners' Court. of Calhoun County, Texas, with all members of the Court being present, The firm oj: Lockwood and Andre!ls was recognized to present the preliminary Engineering Report, dated June 23, 1954. On motion made by Clarence, Barton, seconded by Frank Kemper th~ preliminary report was ordered filed with the County Clerk and an order to follow was passed to set down same for hearing at 10 O'clock A.M. July 22nd, 1954 and the Clerk is hereby ordered to post notices as provided by law. ordered and passed unanimously by the court. It is so 1 ORDER FOR HEARING ON ENGINEER'S REFERENCE TO CALHOUN COUNTY , DRAINAGE DISTRICT NUMBER 10 THE STArE OF TEXAS I I COUNTY OF CALHOUN I REPORT WITH ON THIS, the 24th day of June, 1954, the Commissioners' Court of Calhoun County, Texas, be- ing in special session, with, the following members thereof present, to-wit; HOWARD G. HARTZO~, COUNTY JUDGE, FRANK E. WEDIG, COMMISSI?NER, Precinct No.1 R. F. KEMPER, COMMISSIONER, Precinct No.2. . LOUIE B. GRIPFITH, COMMISSIONER, Precinct No.3, CI,ARENCE BARTON, COMMISSIONER, Precinct No. 4 MAURICE WOOD, COUNTY CLERK 1 and the following proceedings, ~ong-others, were had, to-wit: WHEREAS, Calhoun County Drainage D~st::ict No. 10 has been heretofore legally organized under the laws of the State of Texas by order of the Commissioners' Court passed and adopted on April 8, 1954; and ", WHEREAS, Lockwood and Andrews, Engineers, were appointed by virtue of the aforesaid order to go upon the land proposed to'be drained and protected by levees and make a careful survey thereof, and from such'survey to make preliminary plans, 10c~ting approximately th~ necessary canals, drains, ditches, laterals and levees, to designate the strewns and bayous necessary,to be cleaned, deepened 0; widen?d, and to estimate the cost thereof,in detail a~ to t~e improvements contemplated, and further to estima1e_tDe,p~09aple ~6st of. maintaining same per year; and vlHEREAS, said engineers have now filed their report in accordance with the foregoing, a 'cop I of which is on rile in the office of the County Clerk of Calhoun county, Texas, and available rob pUblic inspection; and WHEREAS, the aforesaid report is accompanied by a map showing the beginning point as' well as the outlets of all canals, drains, ditches, and laterals, and showing the length, width, dep~ I: . 10.. ... I"""' 14 001 ~~:JI ~ ~. .., and slope o~ the banks of the cuts or excavations, and the estimated number ,of cubic yards o be removed from each, and showing the location and size of all levees and the estimated Of'ejth number. . of cubic yards of earth necessary to construct same, all as required by law; and WHEREAS, by virtue of the foregoing, it becomes necessary for this Court to set such report town for date; hearing at a sUbsequent session not less than twenty nor more than thirty days from this " IT IS THEREFORE ORDERED, ADJUDGED AND DECREED BY THE COMMISSIONERS' COURT OF CALHOUN COUNTYi, I EXAS: 1. That the findings contained in the preamble of this order be and same are hereby adopted as part "hereof. II.. I That said Engineer's report pertaining to the Calhoun County Drainage District Number 10, now on file in the Office of the County Clerk is hereby set down for hearing on ,the 22ndday of'. ~UlY, 1954, at 10:00 O'clock A.M. in the Commissioners' Courtroom tn the Courthouse of Calhoun I Lounty, Port Lavaca, Texas, which date'is not less than twenty (20) nor more than thirty (30) days from the date :hereof. . III. . .At such' hearing any free hold resident or non-resident taxpayer of the district,.whose lands ay be affected by the proposed improvements, may appear and object to any and all of said canalsij ~rains, ditches and levees for the reason that they are not located at the proper places or that hey are not sufficient in number or capacity to- properlydr'airt said territory. IV. If there are no objections to said report, or if the Court are not well taken, the report shall be approved and the fact of finds ,that any objections thereto , ~ its approval entered in the minutes. I V. The Clerk of this Court is hereby ordered and directed to give notice of the date and place ~f the hearing herein called by posting rot less than twenty (20) days prior to public places in Calhoun County, one at II Calhoun County Drainage District No. 10. PASSED, APPROVED AND ADOPTED, this' the 24th day of June, 1954. a copy of the notice containing a copy of this order for the date of the hearing, to-wit: Juiy 22, 1954, in five the' Court house door, and four'within'the limits of the . I ATTEST: MAURICE G. WOOD County Clerk and Ex-Officio Clerk of .. the Commissioners' Court of Calhoun County, Texas. , (Com; Crt. Seal) I FILED JUN 24, 1954, MAURICE G. WOOD, County Clerk, Calhoun County, Texas. JURY OF VIEW GEORGE STREET EXTENSION , On this the 24th day of June, 1954, at a Special Term of the Commissioners' Court of Calhoun County, Texas, with all members of the Court being present on this day came on to be considered the appointment of a Jury of View to layout the proposed road, an extension of George Street, . l ..oIIIl '""'III 15 . -- ---[I and o~mo~ion,made by Frank Wedig, seconded by Clarence Barton, the following order was unanimous' ly adopted: - I . I . I . I I , . Iloo:. ,..- 16 - - ,""""II1II 00 ~ ~ t:o ~J REGULAR JULY TERM, HELD JULY 12. and' 13, 1954 THE STATE OF TEXAS COUNTY OF CALHOUN I I I . BE IT R~reEREQ, that on this the 12th and 13th days of July, 1954, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and state a ReguJ11r Term of the Commissioners' Court within and for said County and State, there were present on these(d~ys the following members of the Court, to-wit:: I Howard G. Hartzog, County Judge Frank E. Wedig, Commissioner Pro 1 Maurice G. Wood, County Clerk R. F. Kemper, Commissioner Pro 2 L. B. Griffith, Commissioner Pro 3 Clarence Barton, Commissioner Fr. 4 -------------- I WHEREUPON THE FOLLOi-IING ORDERS WERE MADE AND ENTERED BY SAID COURT, TO-WIT: TREASURER I S REPORT FOR JUNE APPROVED On this the 12th day of July, 1954, at a Regular Term of the Commissioners' Court of Calhoun County, Texas, with all members of the Court being present, Miss Mary Stephens, County Treasurer presented her report of the month of June, and it having been read in open Court and the Court having duly considered the same together with the exhibits accompanying same, and having the balances compared in the various accounts with those reported by the County Depository and find- . ing said Report to be correct, on motion duly made, seconded and carried, the County Treasurer's Report for the month of June, 1954 be and the same is ordered approved. , - - - -,- - - - -- - TAX ASSESSOR AND COLLECTOR REPORT FOR JUNE APPROVED , At a Regular Term of the, Commissioners' Court of Calhoun County, Texas, held on the 12th da~ I of June, 1954, in t~e City of Port Lavaca, all members of the Court being present on that day, Mrs. C. B. GUidry, Deputy, presented the Tax Assessor-Collectors Report for the month of June, together with the tax receipts and other receipts accompanying same, and finding said report to be correct and in due form. The annual report was also presented at this time. Thereupon on motion duly made" seconded and carried, it is ordered that the Tax Assessor-Collectors Report for the month of June and the Annual Report be and they are hereby approved. MADDEN LANDING ROAD . On this the 12th day of July, 1954, at a Regular Term of the Commissioners' Court of Calhoun II [County, Texas, with all members of the Court being present, County Attorney, R. A. Barton reported The deed was ordeJed of the T. M. Bennett land in the M. Campos Original Grant on San Antonio Bay. filed for record together with an agreement by T. M. Bennett and the_Stuart Trust Company. { ~-~,.'~ ~, June 28, 1954 / I~'~ -~~ I , To the Commissioners Court Calhoun County, Texas Gentlemen:: you will please be advised that I have this day signed a deed In your favor covering a certa~n five acre tract of land in the M. Campos Original Graq~, calho~,c2untY, Texas; it being underst~od that said tract is to be used by Calhoun County, Texas foryr~d purposes, and that no mineral rights ~ere conveyed in the deed. I hereby agree and do hereby accept the sum of Six Hundred ($600.00) and no/lOO Dollars in full and final settlement of the value of the land and the damage accruing thereto in the fol10w- I Lng proportion, to wit: The sum of seventy-five ($75.00) and nO/100 Dollars per acre for the fair market value, and The~ of Forty~five (45.00) and no/lOO Dollars per~'~cre for the damages. . ... r- 17 '~ . Yo~ are further advised that stuart Trust Company of Houston, Texas is the owner of a valid amoung lien, covering/other properties, the f~ve acre tract under consideration. This llitter is your full right, power and authority to issue your check payable in the full amount of $600.00 to the stuart Trust Company, which, by this instrument, agrees to accept the same and to apply the pro- ceeds thereof on' the principal and interest of my obligation to them. Respectfully, I T. M. BENNEI'T Accepted: stuart,Trust Company, By CAREY LEGETT Attorney for stuart Trust Company. I - - - - - - - - - - - - - - TRANSFER FUlIDS .' On this the 12th day of July, 1954, at a Regular Term of the Commissioners' Court of Calhoun County, Texas, with all members of the Court bei~ present, on motion made by B~rton seconded byl Wedig and unanimously carried the following transact~ns were authorized to close out the variou Road District Sinking Funds and the County Clerk and County Treasurer are hereby ordered am diJ.! ected as follows: I (1) To sell one of the United States Bonds belonging to Road District No.1, Class 10 to the General Fund, Class J for the par value of $1000.00 and to deposit the proceeds of said sale to Road District No.1, Class 10, Sinking Fund; the cash on hand sp~ll then be distributed by remitting the Road and Bridge Fund the sum of $400.00 in repayment of the loan in this amount advanced on April 19, 1950, by remitting the Genera~ Fund the sum of $600.00 for an advance in this amount paid to the State Treasurer on April _12, 1954 and by paying over this balance to Road , II District No.1 Available Fund. The title to the remaining $5,000.00 in U. S. Bonds owned by this district shall be transfered to Road District No. 1 Available Fund. 12) To sell to the Permanent Improvement Fund, Class 4, the $1000.00 United States Bond belonging to Road District NO.1, Class 13. After the sale of the bond'the cash balance in Road District No.2, Sinking Fund shall beitransferred to Road District No.2 Available. (3) To transfer the cash balance in Road District No. 13, Class 15, account to the Road & Bridge Fund, Class 2 to the credit of Road & Bridge Precinct No.3. . HOWARD G. HARTZOG County Judge. CITY-COUNTY SANITARY ENGINEER ' On this the 12th day of July, 1954, at a regular term of the commissioners' Court of Calhoun came on to be considered the recommenj I County, Texas,with all members of the Court being present, dation of the Municipal & County Health Officers as to the necessity of securing the services of a qualified Sanitary Engineer for the protection of public health of citizens of the Municipali- ties and rural of Calhoun County, Texas, and the recommendation is connection therewith. On motion made by Clarence Barton seconded by FraDk Wedig, the Commissioners' Court of Ca1- I houn County hereby agrees to participate in cooperation with the incorporated cities of Calhoun County and agrees on its part to make available matching funds, out of the County General Fund the sum of $200.00 monthly to be paid by the County on monthly vouchers, $175.00 salary and ~25.00 . travel expense allowance to a qualified Sanitary Engineer to be selected by, to serve under the direction of and at the will of a board to be constituted by the County Health Officer, the Healt~ Officer of the City'of Port Lavaca, Point Comfort and Seadrift or such officers as may be'apPoinJ- ed by such municipalities' and each County Commissioner is "especially authorized to secure and pUlL chase out of the General Fund, such disinfectants, sprays, liquids and other supplies, material,sl or equipment, th~ ma~ be deemed necessary by each County Commissibner to carry, out such RrQg~gm .... .... ,.... 18 ~-~ oo! ~. ~ ~ of sanitation in the respecti~e precincts in an aggrigate amount not in excess of $1200.00 per year. And the 1954 bu~get is hereby amended accordingly.' . POINT COMFORT GARBAGE DISPOSAL On this the 13th day ~f JUly, 1954, at a Regular Term of the Commissioners' Court of Calhou, County, Texas, with all members of the Court being present, on motion, made by Louie Griffith, seconded by Clarence Barton the fol10wipg resolution was adopted: RESOLVED THAT, WHEREAS, the citizens of Point Comfort have a problem in the disposal of trash and garbage and, whereas, the Aluminum Company of America has provided a dumping ground located below the Railroad right-of-way south of the plant but that the access roads through the plant are closed over the week-end when citizens of Point Comfort desire the use of the same. I And whereas, since the resignation of the City Attorney, the City desires a legal opinion I I as to whether or not the City has the power of emminent domain to open up a new road outside the City Limits paralleling the Railroad right-of-way across'private1y owned property in order to give the citizens access to such dumping ground. WHEREFORE, be it resolved that the Comraissioners' Court request R. A. Barton, County Attorn y a legal opinion as to the rights of the c~ty . to write the Attorney Generals Department of Texas for or the Commissioners' Court in the powers. CLERK'S CERTIFICATE OF POSTING THE STATE OF TEXAS I I COUNTY OF CALHOUN I , . . I, the undersigned, County Clerk and Ex-Officio Clerk of the Commissioners' Court of Calhoun , " " ..II County, Texas, DO HEREBY CERTIFY, that I posted a t'rue and correct copy of the foregoing Notice of Hearing on Engineer1s Report with Reference to Calhoun County Drainage District Number 10, (WhicJ ^ "II notice contains a copy of the.order for hearing) at the'following places within the boundaries' of I said District: , ONE COpy at E. B. THOMPSON FARM .ONE COpy at J. S. SIKES FARM ONE COpy at C. C. SNEED"FARM . , . ONE COpy at H: 'C: DUNLAP FARM , I FURTHER CERTIFY that I posted one copy of the afore-said notice at the Courthouse door of '. the Calhoun County Courthouse in the City of_PQr~ La~aQa,Te~as. All of said notices were posted on the 1st day of July, 1954, which was at least twenty, (20) -' days prior to the date of hearing. , WITNESS MY OFFICIAL SIGNATURE and seal of office, this the 2nd day of JUly, 1954. , I ~ Com. Crt .seal) FI4ED JUL,2,'1954 MAUR:I:CE G. WOOD County Clerk and EX-Officio Clerk of the Commissioners' Court of Calhoun County, Texas. MAURICE G. WOOD, County Clerk, Calhoun County, Texas. :: t THE STATE OF TEXAS I I I I AFFIDAVIT OF POSTING NOtICE OF ELECTION , COUNTY OF CALHOUN " BEFORE ME, the undersigned authority, on this day personally appeared ~URICE G. WOOD, Countiy Clerk, Who~' 'after, being by me first duly sworn, says upon his oath:: 1. That he caused to be posted a true copy of the election notice hereto attached at three . _ public plases in said Road District No.1, of Calhoun County, Texas, to-wit: ONE AT Long MOTT POST OFFICE; , - ., --. ONE AT SEADRIFl' POST OFFICE: l ..... r'" - """Ill 19, ONE AT PORT O'CONNOR POST OFFICE; and . ONE at the Courthouse door in Port Lavaca, Texas. 2. That all of said notices were posted on the 28th day of June, 1954, which was not less than twenty-one (21) full days before the date of the election. MAURICE G. 'WOOD COUNT~ CLERK, CALHOUN COUNTY, TEXAS. SWORN TO AND SUBSCRIBED before me by MAURICE G. WOOD, on this the 3Qth day of June, 1954. I (SEAL) OPAL M. HAYES (OPAL M. HAYES) 1j,9TARY PUBLIC~ CALHOUN COUNTY, TEXAS. FILED JUN 30, 1954 " , ~ . MAURICE G. WOOD, COUNTY CLERK, CALHOUN COUNTY, T,EXAS. , ~J. ..:} {} i~ i:- {20 * {:~ ~t No'turther business appearing before the Court, meeting was adjourned. I FIRST SPECIAL JULY TERM HELD JULY 22, 1954 , THE STATE OF TEXAS I I COUNTY OF CALHOUN I . BE IT REMEMBERED, that on this th~ 22nd day of June, 1954, there was begun and holden at the I the Commissioners 1 Courthouse in the City of Port Lavaca, said County and State a Special Term of , Court, within and for said County and State, there were present on this day the following members of the Court, to-wit: Howard G. Hartzog, County JUdge Maurice G. Wood, County Clerk L. B. Griffith, Commissioner Pr.. 3 \ FrankE. Wedig, Commissioner Pro 1 R. F. Kemper, Commissioner Pro 2 . Clarence Barton, Commissioner Pro 4 I WHEREUPON THE FOLL01tIING ORDEftS WERE 11ADE AND ENTERED By SAID COURT TO-WIT: ~} i} * .;} .;} .u. {} .z:. * EASEMENT OR RIGHT OF WAY FOR PUBLIC ROAD PURPOSES On this the 22nd day of July, 1954, at a Special Term of the Commissioners' Court of Cal- houn County, Texas, with all mambers of the Court being present, on motion made by Frank Wedig, seconded by Frank Kemper, an order was passed as follows: . A right of way or easement between Texas and New Orleans Railroad Company and the County of Calhoun, for public road purposes, and in particular for extension of Border Street, upon and across the property of Railroad in the M. Sanchez Survey, near Port Lavaca, Calhoun County, Texas, and described as follows: I A tract of land sixty feet (60') wide by one hundred feet (100') long, th~ is thirty feet (301) in width on each side'of-the center line of a proposed r~ad as staked on the ground, " Railroad's main tract at right angles at Engineer's Station 59 + 16.2. , The deed pertaining to the above was ordered filed for record in the County Clerks Office. File #47761, Vol. 92, Page 250-251, Deed Records of Calhoun County, Texas. Order unanimously passed. I Howard G. Hartzog County JUdge This Order recorded in Volume J, Pt:g e 19, Minu~es of the Commissioners' Court of Calhoun County, Texas. - - - - - - - - - - - - . Il.. r 20 I ""Ill 00 ~ ~ I:t.:1 t'!J ORDER UPON HEARING - ENGINEERS REPORT [CALHOUN, COUNTY, DRAINAGE DISTRICT NUMBER 10 I THE STATE OF TEXAS I , I COUNTY OF CALHOUN I . . ON THIS, the 22nd day of JUly, 1954, the Commissioners' Court of Calhoun County, Texas, met in special session, with the following members thereof present, to-wit: , HOWARD G. HARTZOG, "FRANK E. WEDIG, R. F. KEMPER, LOUIE B. GRIFFITH, CLARENCE BARTON, MAURICE W.oOD, COUNTY JUDGE, COMMISSIONER, Precinct No.1; I , , COMHISSIONER, Precinct No.2; COMMISSIONER, Precinct NO.3; COMMISSIONER, Precinct No.4; COUNTY CLERK, I [hen among other proceedings had, the following order was adopted: There came on to be considered the matter or hearing on the engineers report submitted by ., ".,-- ..,--- I ockwood & Andrews, Engineers, heretofore employed with reference to Calhoun County Drainage,Dis~ ikrict No. 10, and appointed by this Court to make a report in accordance with the provisions of ~rticle 8104 et seq., Vernon's Annotated Civil Statutes of Texas, 1925; and WHEREAS, heretofore, to-wit: ,on the 24th day of June,' 1954, this Court passed and approved Ian order for hearing on the engineers report with reference to the Calhoun County Drainage Dis- ,rict Number 10, providing therein that a public hearing would be held by the Cormilissioners' ' fourt on the 22nd day of JUly, 1954, at 10~00 O'clock A.M., in the Commissioners' Courtroom in ~he Courthouse of Calhoun County, Port Lavaca, Texas; and .. WHEREAS,. this Court affirmatively f~nds that the notice" of said hearing was given for the , rime and in ,the manner provided by law, the same having been posted for not less than twenty (20) rayS prior to the date. of the hearing, to-wit: on July 1, 1954, in houn County, one at the courthouse door, and four within the limits I District Number 10; and " five ~5: public places in calW of the Calhoun County Drainage I WHEREAS, this Court further affirmatively finds that the said notice of hearing, aforesaid, in- ~ormed all interested freehold residents or non-resident taxpayers of the district, whose lands I t ay be affected by the proposed improvements, that they might appear and object to any and all of I , ,he said canals, drains, ditches and levees proposed by the engineers, for the reason that they are not located at the proper places or that they are not sufficient in number or capacity to proper- . ~y drain the territory or said district; and , , WHEREAS, this Court further affirmatively finds trot all persons and interested freehold resident or non-resident taxpayers of the district whose lands may be affected by the proposed ~mprovements, presenti~g themselves to be heard at the publiC hearing aforesaid on the matter of lald engineers report, were afforded ~ full hearing and that upon the close of the rearing the I . . ' Court duly considered all testimony offered; and I WHEREAS, upon the evidence !offered at said hearing, this Court finds that the report of the aforesaid engineers should be approved and the fact of its approval entered in the minutes of the I . Court. The Court further finds no reason to change the location of any improvements as shown in I . the report"and no reason to aJd to or reduce the number of same, and no reason to order the 'ngineer to locate any additional canals, drains, ditches or levees which may be constructed for he purpose of conducting water from the Imds of said District, or to prevent the overfloW" of Laters from streams or otherwise onto the-lands-of sald-uistrict proposed to be drained, or other- Lise in aid of said purpose. The Court further finds that there is no reason or necessity to I . refer thaI'report back to the engine eX's for a compliance with any further orders of the court, or I to require a further report; now therefore. , I I . BE IT ORDERED, ADJUDGED AND DECREED BY THE COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS: ..... ... -':':::/;9 ""l 21 I. 'd ' ~t-I a op - . That the findings cont'ained in: 'the preamble of this order be and the same are hereby ed as a part hereof. II. I That said engineers report of Lockwood & Andrews pertaining to Calhoun County Drainage Dis- trict Number 10 be and same is hereby approved as presented, and if the district be finally confirmed and bonds voted in amount sufficient for the accomplishment thereof, the improverrents set forth in the engineers plans and report shall be constnucted in due time and order in furth- erance of the purposes for which the district has been created and organized. I . . The above order having been read in full, it was moved by Commissioner Barton and seconded by Commissioner Kemper that the same be passed and adopted. Thereupon, the question being call- ed for, the following members of the Court voted "AYElI: Commissioners Wedig, Kemper, Griffith and Barton; and none voted tINO". . The County Judge declared that the order had been finally passed and adopted. WITNESS THE SIGNATURES OF THE MEHBERS OF 'l'HE COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS, ~this,the 22nd day of July, 1954. HOWARD G. HARTZOG C9~nty Judge, Calhoun County, Texas. FRANK E. WED IG Commi~sioner, frecinct No. 1 R. F. KE!'1PER Gommissioner, Precinct No. 2 t. B. GRIFFI'l'H Commissioner, Precinct No. 3 I CLARENCE BARTON Commissioner, Precinct No.4 CERTIFICATE OF COUNTY CLERK --- .. THE STATE OF TEXAS I I COUNTY OF CALHOUN I ~ I, the undersigned, County Clerk and Ex-Officio Clerk of the Commissioners" Court of Ca1- . , / houn County, Texas, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of order upon hearing - engineers report - Calhoun County Dra1 nage District Number 10, and min- utes pertaining to its, adoption, passed and adopted' by. the Commissioners' Court of Calhoun Count- Texas, on the 22nd day of JUly, 1954, and which order is recorded in Volume J, page 20-21 et see: of the Minutes of said Court. . IN WITNESS WHEREOF, I have hereunto set my hand officially, and affixed the seal of the Commissioners' Court of Calhoun County, Texas, this the 22nd day of JUly, 1954. I (COM. CRT. SEAL) MAURICE G. WOOD County Clerk and ~-Officio Clerk of the Co~~ssioners' Court of Calhoun county~ Tex== I " ,CHARLIE POWELL, DEPmrSHERIFF .u,:': :;;.:.'._,~".' ~ ',~ .;.-.-,.:...-i.i .:,',,"__~_::'::.';'..~':.:.:._:_,~-::::'!.' '--- On this the 22nd day of JUly, 1954, at a Special Term of the Commissioners I ,Court of Cal- " '1- ..,,., : ... .~ houn County, Texas, wfth all members of the Court being present, on motion made by Clarence Ba~ " - jton, seconded ~! Frank Wedig, Charlie Powell, having duly been Deputated in April, is unanimou___ -, , , ly ordered,that he be paid $40~OO Salary per month and $50.00 CarExpense per month retroactive . to April 1, 1954. It is so ordered. E..APPIONTMENT OF NAVIGATION COMhISSIONERS WlES,r _SJ;PiJ;. NAVIGATION DISTRICT thaOn this the 22nd day of July 1954, it being called to the attention of the Court that the tenms of office of the Navigation Commissioners for the West Side Calhoun County navigation,had expired on JUly 9th195~, thereupon on motion dUly made seconded and Carried T. A. M~Donald, Chas'Simanb!'lrg and Sam Day Sr, were duly: reap'ointed for a tw.o y:eJ1l:'. t,. " .... r- 22 "~OD ~ ~ tt:l I NI SECOND SPECIAL JULY TERM HELD JULY 26TH, 1954 , - ,- , THE STATE OF TEXAs COUNTY OF CALHOUN I I I . BE IT REMEMBERED, that on this the 26th day of July, 1954, there was begun and holden at thE Courthouse in the City of Port, Lavaca, said County and state a Sp~cial Term of the Commissioners' Court w!thin:and f'or said County and state, there were present on this day the following members of the Court, to-loJ1t: Howard G. Hartzog, County Judge Maurice G. Wood, County Clerk I Frank E. wedig, Commissioner Pro 1 L. B. Griffith, Commissioner Pro 3 R. F. Kemper, Commissioner Pro 2 Clarence Barton, Commissioner Pro 4 WHEREUPON THE FOLLOWING ORDERS WERE MADE AND ENTER1ID BY SAID COURT TO WIT : I ORDER FOR ELECTION IN CALHOUN COUNTY ~RAINAGE DISTRICT NUMBER 10 THE STATE OF TEXAS 'I I COUNTY ,OF CALHOUN I ON THIS, the"26th day of July, 1954. the Commissioners' Court of Calhoun County, Texas, con- . vened in special session, at the regular meeting place thereof in the CoUrt house at Port LEWaca, . Texas, with the following members present, ~o-wit, . HOWARD G. HARTZOG, FRANK L; WEDIG, COUNTY JUDGE CLARENCE BARTON, CO}il~ISSIONER, preqinct No.1; COMMISSIONER, Precinct No.2; COMMISSIONER, Precinct No.3; COMMISSIONER, Precinct No.4; I R. F. KEMPl:!R, . LOUIE B. GRIFFITH, and, among other proceediDgs'had,were the f'ollowing: WHEREAS, by order of this Commissioners' Court passed and adopted on the 8th day of' April, 1954, Calhoun County Drai~age District Number 10 was legally organized under the laws of the 'State of Texas, ~articu1arly Chapter 7, Title 128, Revised Civil Statutes of Texas, 1925, as a- mended; and ~mEREAS, by order duly passed and adopted on the 24th day of June, 1954, this Ccurt set down for hearing the report of Lockwood & Andrel~s, Engineers, pertaining to Calhoun County Drai nage )istrict Number 10; and . WHEREAS, on the 22nd day of July, 1954, at 10:00 O'clock A.M.,in the Commissioners' Courtroom . n the Courthouse of' Calhoun ~ounty, at Port Lavaca, Texas, said engineers report came on for earing in due order as provided in the notice of hearing duly given in the time and manner pre- cr.!. bed by law; and WHEREAS, on said date last above mentioned, and after due hearing, this Court passed and I lopted an order approving the said engineers report as presented, providing therein that if the _strict be fiL~ally confirmed and bonds voted in amount sufficient f~~::,~~;:.::/~mp~~Shment _~r~,,:re~i1I' ~ improvements set forth in the engineers plens and report would be constructed in due time a~ der in furtherance of the purposes for which the district was created and organized; and t WHEREAS, by virtue of the foregoing and by reason of investigations carefully made, and from 1 the facts and evidence heretofore submitted in connection with said district, this Court has I , I , I , ;ermined to call an election in said Calhoun county Drainage District Number 10 for the purpose determining whether said district should be finally established and'whether bonds in an amoynt 1 :ficient to, PBlr for the improvements proposed in the engi'neers repor,t, together with all,neces,.. 'y actual and incidental expenses in connection therewith, shall be authorized and whether the rt shall annually levy and cause to be collected taxes, in,amount sufficient to pay the interest . , such bonds as it falls due en d to redeem them at maturity:; therefore' , , .... r ...... 23: BE IT ORDERED, ADJUDGED AND DECREED BY THE COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS:, , .. SECTION 1': That an election shall be ani same is hereby 'ordered to be held, within Calhour- I County Drainage District Number 10~ of Calhoun County, Texas, on the 21st day.of August, 1954, which date this court finds is_the earliest possible legal time for-such election, and at which ,election the following proposition shall be submitted: "SHALL Calhoun County Drainage District Nwnber 10 be .established and shall bonds of said district be authorized for issuance in the total principal sum of ONE HUNDRED TWELVE THOU- SAND DOLLARS ($112,OOQl, for drainage purposes, to-wit: constructing the ,improvements pro- posed by the engineers report and plans heretofore approved by the COmmissioner~: Court, tOi gether with all actqal and incidental expenses connected therewith, which bonds are to bear, interest at a rate of not to exceed FIVE PER CEIITDt! (5%) per annum, and to be issued in such denominations of not ,less than One Hundred ($100) nor more than One Thousand ($1,000) DOIIJb each and payable at such tim~s ~s may be deemed most expedient by the Commissionersl Court, but not to exceed thirty (30) years from the date. thereof; and shall said Court be authorized I' . . , to annually levy and ,cause to be assessed and collected taxes upon all taxable property within the district in amount sufficient to pay the interest on such bonds as it falls due and to redeem such bonds at maturity?" - ..... - !A" SECTION 2: That said election shall be held under the applicable provisions of the Gen- eral Laws of the State of Texas, except where otherwise' provided by Chapter 7, Title 128,Revis~ ed Civil Statutes of Texas, 1925, as amended. SECTION 3: That all persons who are resident property taxpayers and qualified voters of Calhoun County Drainage District Number 10, and who have duly rendered their property for taxa- tion shall be entitled to vote at said election. I , ' Every person who offers to vote in said election shall first take the following oath before the Presiding Judge of the polling place wherein he offers to vote, and said Judge is authorized to administer same: "I do solemnly swear that I am a qualified voter of Calhoun County, and that I am a resi- dent property taxpayer of the proposed district voted on at' this election, and that I have not voted before at this election." SECTION '4: It is further ordered that the ballots for said election shall be prepared in . sufficient number and in conformity with Chapter 6, V.A.T.S. Election Code, adopted by the Fifty- second Legislature in 1951, and that printed on such ballots shall appear the following: "FOR THE DRAINAGE DISTRICT AND THE ISSUANCE OF BONDS AND LEVY OF 'hris IN PAYMENT THEREFOR" , .. - .. "AGAINST THE DRAINAGE DISTRICT AND THE ISSUANCE OF BONDS AND LEVY OF TAXES IN PAYMENT THEREFOR" I . , EACH VOTER shall mark out with black ink or black pencil one of the above expressions, thus leaving the other as indicating his or her vote on the proposition. SECTION 5: The Court having found and determined that there are no polling places, estab- I , ' Ilshed within any voting precinct, lying wholly or in part within the sparcely settled small area of such proposed Calhoun county Drainage District Number 10, and having further ,found that all resident qualified taxpaying voters eligible to vote at the election herein called, can conven- iently vote at the place hereinafter designated, which is well known to all of the qualified voters. It is ordered that said election shall be held at the residence of C. C. SNEED, am t hat the officers of said election are hereby designated as follows: . C. C. SNEED, PRESIDING JUDGE R. E. SMART, JUDGE J. S. SIKES, CLERK . . H. C. DUNLAP, CLERK SECTION 6: A copy of this order shall serve as proper notice of the aforesaid election. The Count~ Clerk is hereb~ authorized, ordered and directed to give said notice of election b~ .... r 24 , oo""'lll ~ ~ ttl ,~J~ . The above order having been read, it was moved by Commissioner Barton and seconded by Com- missioner Wedig, that the same do pass. Thereupon, the question being called for., the following members of the Court voted' !'AYE": Commissioners Wedig, Kemper, Griffith and Barton;' and none voted UNo"'. ~I PASSED AND APPROVED, this the 26th day of' JUly, 1954. Isl HOWARD G. County Judge, -, HARTZOG Calhoun County, Texas Isl Frank E. WEDIG Commissioner, Precinct Number 1 .4- ~> Isl R. F. KEMPER Commissioner, Precinct Number 2 Isl L. B. GRIFFITH Comm1ssioner,Precinct Number 3 -I Isl CLARb~CE BARTON Commissioner, Precinct Number 4 . RETURNS OF COUNTY CLERK IN MATTER OF POSTING 'NOTICE OF ELECTION .IN CALHOUN, COUNTY, DRAINAGE DISTRICT NO. 10, CALHOUN COUNTY, TEXAS HE STATE OF TEXAS I I COUNTY OF CALHOUN I, - BEFORE ME, the undersigned authority, on this day personally appeared Maurice Wood, count~ ~~erk of the Commissioners' Court of Calhoun County, Texas, and who, after being by me first duly! I sworn, states upon oath as follows: 1. That in conformity with the order of the Commissioners' Court of Calhoun County, Texas, I assed on the 26th day of July, 1954, and under authority of law, as the County Clerk of said 'Ico~ty, he posted a true and correct copy of the uNOTICE OF ELECTION IN CALHOUN COUNTY DRAINAGE DISTRICT NUMBER 10", in respect of the creation of said district and the issuance of $112,000 of I rondS of said district, t'o be voted on August 21st, 1954; such notice having been. ~~~ted, ~:, the ~011owing public places in Calhoun County, Texas, and in DRAINAGE DISTRICT NUMBER 10 of' said I / , County, to-wit: . ONE COpy at E. B. Thompson Farm " ONE COpy at ,J. S. Sikes Farm ONE COpy at ONE COpy at C. C. Sneed Farm , H. C. Dunlap Farm , 2. That each of the above named places was and is a pUblic place ib DRAINAGE DISTRICT I NUMBER 10 OF CALHOUN COUNTY, TEXAS: that each of the notices posted at each of said places was 1- rosted in a conspicuous position, so as to be easily visible to the public; and that each of the above named places was accessible to the public. 3. That he also posted a true and correct copy of such notice at the door of the County 1 Courthouse in the City of Port Lavaca, Texas. 4. That all of said notices were posted by him on the 30th day of' JUly, 1954, which was not less than twenty (20) days prior to the date of' said election. - 5. A true copy of the election notice, duly certifIed to, is hereto attached and made a ~art of this affidavit. (Com. Crt. Seal) Isl MAURICE G. WOOD Qoun~Y"91er~ and,~~~Off'icio Clerk of t Co~ss~oners'Courtof Calhoun Countu, , , ' 'l'"exas; . . ..... ,... ~~ ~ , ..... 25, . , ' " SWORN TO AND SUBSCRIBED before me, thi~ the 2nd day of August, 1954. OPAL M. HAYES (OPAL M. HAYES) Notary Public, 'calhoun County, Texas. (Notary Seal) , FlIED Aug. 2, 1954 MAURICE G. WOOD, County Clerk, Calhoun County, Texas ,I NOTICE OF ELECTION IN CALHOUN GOYNTY- ,. ,. -- -- -- ' -- -- ,. ,. DRAINAGE DISTRICT.NUMBER,10 TO THE RESIDENT QUALIFIED ELECTORS OF CALHOUN COUNTY DRAINAGE DISTRICT NUMBER 10, CALHOUN COUNTY" TEXAS, WHO OWN TAXABLE PROPERTY IN, SAID DISTRICT AND, \oJHO HAVE DULY RENDERED THE,SAME,FOR,TAXATION::, TAKE NOTICE that an e1~ction w111'be held on the 21st day of August, 1954, within CALHOUN COUNTY DRAINAGE DISTRICT NUMBER 10, CALHOUN COUNTY, TEXAS, to determine whether CALHOu~ COUNTY . .. DRAINAGE DISTRICT Nu~ffiER 10 shall be created, and whether the bonds of said District shall be issued in the total principal amount of $112,009,and whethe1"adc:valotem.taxesc..shidl:.'be:~levied on all taxable property within said District sufficient to pay the interest on said bonds. and pro- vide a sinking fund to pay the bonds at maturity, in pursuant of an ELECTION ORDER made and en- tered on the 26th day of JUly, 1954, and Which order is in words and figures. as follows: (ORDER FOR ELECTION IN CALHOUN COUNTY DRAINAGE DISTRICT NUMBER 10 is recorded on page 22-241 Volume J, Minutes of theCommissioner~r Court, see Original File) County Judges' note. .1 EX PARTE: IN THE CONMISSIONffiS COURT OF, APPLICATION OF UNITED-GAS CORPORATION FOR: EASEMENT, UNDER AND, ACROSS PUBLIC, ROADS, ,,' : CALHOUN COUNTY, TEXAS TO SAID HONORABLE COURT AND THE ME"lBERS THEREOF: . NOW COMES UNITED GAS CORPORATION, a private corporation duly incorporated and doing busi- ,. , ness under the laws of the state of Texas, and presents this its application to this Honorable 1 Court for authority for itself, its successors and assigns, to construct, reconstruct, repair, maintain and operate a gas pipe line along county road usually rererred to as the Chocolate Cut- off Road, which said pipe line right-of-way is described as follows: BEGINNING at the East cor- '. ner of of the the J,. E. ~oyd tract in the Y. Benevides Survey at the intersection of the Southwest sidel right-of-way of Chocolate Cutoff Road; THENCE in a Southeasterly direction approximately! . . 3000 feet to the North corner of the Edwin J. Smajstrla tract pf land. Said pipe line is to be laid approximately two (2) feet within the right-of-way of the Chocolate Cutof~ Road. Applicant represents to the Court in support of its application that due care will be exer- cised in the construction of said pipe line so that it will not impede traffic or the mainten- . anc'e of said roadway and that .such roadway will be promptly restored to its former condition of usefulne s s. WHEREFORE, the premises considered, applicant prays and petitions this Honorable Court to 1 . ' grant to applicant the right to construct, reconstruct, repair, maintain and operate a gas pipe . . line along ~he Southwest side of said public road hereinabove designated and described and that . , this Honorable Court make its order and cause the same to be entered in the minutes of this Ccur- . . . approving ,this application and authorizing the execution and delivery or suitable easement and 1 . right-of-way grant from and on behalf of Calhoun County and this Honorable Court to applicant, securing to applicant in recordable form the easement and right-of-way and the rights and privi-- . leges here now prayed for. Applicant further petitions this Court to make and enter in such other and further orders and to execute and deliver such other and further grants in behalf of the application as to the said Court may seem proper. FILED JUL 22, 1954 Maurice ,G. Wood . County Clerk, Calhoun County, TeXaS UNITED GAS CORPORATION By D. D. Boyd . D. D. Boyd .... "..- 26 00 ~"'4 ......~4 c:.~ tl.:J ~J EX PARTE: .. APPLICATION OF UNITED GAS CORPORATION FOR EASEMENT UNDER AND ACROSS PUBLIC ROADS, IN THE COM}IISSIONERS COURT OF CALHOUN COU~TY, TEXAS . BE IT REHEMBERED THAT on this the 22nd day of July, A.D. i954, came on to be heard and t... . considered by the Commissioners Court the application on this day filed with the Clerk of this . Court bYDUNITEDcGAS CORPORATION,for an easement and right-or-way to construct, re~onstruct, ~~_ pair, maintain, and operate a gas pipe line along the coun~y' r~ad usual~y refe~red to a~,~he pqgo- late Cutoff Road, which said pipe line iS,to be placed 'approximateiy two (2) feet from ,the pro- r' .., perty line along said road, whereupon the Court, being in regular s'ession,proc'eeded to consider said application ~nd tO,hear evidence in support thereof. No objection was made to said applica- tion and no protest was made against the granting thereof, and, the Court having duly considered the same and its merits and.the evidence in support,thereof is of the opinion and find that said appli,cation should be granted; and' that~Howard g. H~rtzog, County Judge of Calhoun County, and ,~ the presiding officer of this Court should be duly organized by order and', judgment of this Court I, I, to execute and deliver to the said United Gas Corporation the easement and right-of-way describe( in said application. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that UNITED GAS CORPORATION is " , hereby granted authority for itself, its success'ors.and assigns to construct, reconstruct, repai" maintain and operate a gas pipe line along the Chocolate ,Cutoff Road, Which said pipe line right- . , . of-way is described as follows: BEGINNING at the East corner of'the J. E. Boyd tract in the Y. Benevides Survey at the intersection of the Southwest s~de of the right-of-way of Chocol~te Cut~ off Road; THENCE in a Southeasterly direction approximately 3000 :f'eetto the N'orth .c'orner of tle Edwin J. Smajstrla tract of land. Provided, however, that the grant of this easement and r ight-o:lJ.;;:way is made, and: the instj- ,~ent hereinafter provided for is to be executed, on the condition that such pipe line is to b~ si constructed so as not to impair traffic or the maintenance of said public road and that followin~ 1 the laying of such pipe line that such road will be promptly restored to its former condition of iUsefulness. , It if further ORDERED, ADJUDGED, AND D,ECREED by the Court that Howard G. Hartzog, County Judge of Calhoun countY~'Te~as, shaii; and is'hereby directed, on behalf of this Court to execute I~d deliver.to the United Gas Corporation an easement and right-of-way in recordable form showing \fhe grant by this Court of said easement and right-of:-way for the purposes and only purposes ab~J~ mentioned and subject to the conditions above:'set forth. .' i(co. Crt. Seal) HOWARD G ~ HARTZOG Ho~~~d G. H?rt~og, County Judge, Calhoun County, Texas. FRANK E. 'WEDIG Frank E. Wedig, Commissioner, Precinct No. 1"Ca~houn County, Texas. < iTTEST: lAURICE G. W) OD laurice G. vIood, County Clerk :alhoun County, Texas. R; F. KEMPER R. E. Kemper, Commissioner, Precinct No. ,2" Ca)houn County, Texas. I " p-.' L. B. GRIFFITH~ ~. B. Griffith, Commissioner, Precinct No. J, pCalhoun County, Texas. -"' -- /- CLARENCE BARTON Clarence Barton, Commissioner, Precinct No.4, Calhoun County, Texas. I. AS~~ AND RIGHT-OF-WAY CALHOUN COUNTY TO UNITED GAS CORPORATION ~E STATE OF TEXAS . . KNOW ALL MEN BY THESE PRESENTS: )UNTY OF CALHOUN : .., That I, Howard G. Hartzog, County Judge of Calhoun County, Texas, by virtue of authority . . , , lsted in me by the Commissioners Court entered on'the 22nd day of July, A.D. 1954, and in behalf , : said Commissioners Court do hereby' grant authority. to UNITED GAS CORPORATION its successors .... r- '""'II1II 27. and assigns, to construct, reconstruct, repair, maintain and operate a gas pipe line along the '. . 'county road usually referred to as Chocolate Cutoff Road, which said pipe line right-of-way is' described as follows: ,I BEGINNING at the East corner of the J. E. Boyd tract in the Y. Benevides Survey. at the intersec- tion of the Southwest side of the right-of-way of Chocolate Cutoff Road; THENCE in a Southeast- erly direction approximately 3000 feet t,o the North corner of the Edwin J. Smajstrla tract of land. Said pipe line is to be laid approximately two (2) feet within the right-of-way of the Chocolate Cutoff Road. Provided, however, that this grant of easement and right-oC-wa~is made,upon the condition that the said UNITED GAS CORPORATION, its successors and assigns, shall construct such pipe line ,I so that it shall not impede traffic or the maintenance of said roadway promptly restored to its former condition of usefulness, and that said 'shall be for the purposes above set forth and for no,; other purposes. and that such IIoad will bl easement ,iand right -of-wayj TO HAVE AND TO HOLD said easement and ri0ht-of-way along said public road unto said UNITED GAS CORPORATION, its successors and assigns, as long as the same is used for the purposes herein- above, set forth. . IN WITNESS HHEREOF I have hereunto subscribed my name and affixed my seal of office this the 22nd day of July, A.D. 1954. (SEAL) THE STATE OF TEXAS I I COUNTY OF CALHOUN I HOWARD G. 'HARTZOG HO)o:lard G. Hartzog, County Judge cf Calhoun County, Texas. , Before'me, the undersigned authority, in and for Calhoun County, Texas, on this day person- ,I ally appeared Howard G. Hartzog, known to me to be the'person whose name is subscribed to the fore@ing instrument, and acknowledged to me th~t he executed the, same for the purposes and. con- sideration therein expressed, and in thp capa~ity ther~~n state~.. ' giyen under my hand and seal of office this the 22nd day of July, A.D. 1954. (SEAL) MAURICE G. WOOD Maurice G. Wood, County Clerk in and for Calhoun County, Texas. . ORDER CANVASSING RErURNS MID DECLARING RESULTS OF ELECTION ROAD DISTRICT NUMBER 1" THE STATE OF TEXAS COUNTY OF CALHOUN I I I . 1 On this the 26 day of JUly, 1954, the Commissioners Court of Calhoun County, Texas, con- vened in regular session at a'Special Term thereof, at the regul'ar meeting place in the Court- house at Port Lavaca, Texas, with the following members of the Court present, to-wit: I HOIfARD G. HARTZOG, County Judge, FRANK E. W,EDIG, Commissioner Precinct No. 1, R. F. KEMPER , Commissioner Precinct No. 2, L. B. GRIFFITH, Commissioner Precinct No. 3, ... . CLARENCE BARTON, Commissioner Precinct No. 4, MAURICE G. WOOD, County Clerk, and, among other proceedings had, were the following: There came on to be considered the returns of an election held on the 24th day of July, . , 1954, in Road District No.1, of Calhoun County, Texas, to determine whether or not the bonds of, .. said Road District No.1, should be issued to the amount of $300,000.00, beari~g interest at a rate not ~o exceed three (3%) per cent per annum, and maturing at SUQh times as may be fixed by the_G.ommissione= Court. serially: or otherwise , not to exceed twenty. (RQ)_y:.~arS_f:r_om ttle_dat,e 110... .... r28 oo"""llll r.:", I:...t ttJ f'.N thereof, for the purpose of the construction, mai~tenance,and operation of macadamized, graveled or paved-roads and turnpikes, or in aid, thereof, within and for said Road District No.1, of'Ca1 . houn County, Texas, and whether or not an ad valorem tax shall be levied upon the property in sa d Road District No.1, subject to taxation, for the purpose of paving the annual interest on said bonds and providing a sinking fund for the ,redemption-thereof at maturity. And it, appearing to the Court that said e1ection,was in all respects lawfully held and safld returns of e1ectioh duly and legally made, and that there were cast at said election 438 valid alld legal votes, of which number, 365 votes were cast FOR THE ISSUANCE OF THE BONDS AND THE LEVING,OF - THE TAX IN PAYMENT THEREOF, and-70-votes were cast AGAINST THE ISSUANCE OF THE BONDS AND THE LEVY- ING OF THE TAX IN PAYMENT THEREOF. I, .c:.l' IT IS THEREFORE ORDERED AND DECLARED BY THE COURT that the proposition to issue said bonds and-levy said tax was sustained and adopted by a two-thirds majority of the qualified, resident 1 "''' property taxpaying voters, who owned taxable property in said Road District and who had duly ren- dered the same for taxation, voting at said election, and that the Comnussioners Court of said , County is authorized to issue said bonds and to levy, and have assessed and collected said tax. The above order being read, it was moved and seconded that same do pass. ; Thereupon, the question being called for, the following members of the Court voted AYE: Wedig, Kemper, Griffitlli, . Barton; and the following voted NO: NONE. HOWARD G. HARTZOG dCOUNTY JUDGE FRANK E. WEDIG COMMISSIONER PRECINCT NO.1 R. F. KEMPER COMMISSIONER PRECINCT NO. 2 L. B. GRIFFITH CO}rnISSIONER PRECINCT NO. 3 CLARENCE BARTON COl1MISSIONER PRECINCT NO. 4 OFFICIAL NOTICE OF SALE $300,000 CALHOUN COUNTY, TEXAS, ROAD DISTRICT NO. 1 UNLIMITED TAX ROAD BONDS Date of Sale: 10:30 A.M., C.S.T. Monday, August 9, 1954. I' ~J."' The Commissioners Court. of Calhoun County, 'texas, will receive sealed bids until 10:30 A.M" C. S.T., Monday, August 9, 1954, at the County Courthouse in Port Lavaca, Texas, for the following described bonds: $300,000 CALHOUN ,COUNTY, TEXAS, ROAD DISTRICT-NO.-1- UNLIMITED TAX ROAD BONDS Dated: sept~mber 'i~i954 Denomination: $1,000.00 . Principal and semi-annual interest (March 1 and september 1) payab1e,at the Office of the State Treasurer, Austin, Texas. First interest coupon payable September 1, 1955. MATuRITY SGHEDULE (D~e,Sept~mber.1) Amount ~ Amount Year .., , $15,000 1955 $20,000 1963 17,000 1956 2.0 , 000 1964 , :).8,000 1957 20,000 1965 19,000 1958 21,000 1966 19,000 , 1959 22,000 ~-:# 1967 -" 1968 20,000 1960 ~F 24,000 , -.'( 20~000 1961 25,000 1969 1962 1 20,000 1 .....~ 1 'i::"-< Bidders are invited to submit bids for bonds containing no option and for bonds containing optio1 of prior redemption on Septamber 1, 1964, or on any interest,'payment date thereafter, at par and accrued interest. . THESE BONDS were authorized at an election held July 24, 1954, by a vote of 365 "POR" and 70 .; "AGAINST. In the opinion of counsel, these bonds will constitute direct and general obligations of l\ ...... '""'II1II 29, Calhoun County Road District No.1, payable from ad valorem taxes which m~y be levied upon all . taxable property 'therein 'without limitation asto rate or amount~ PROCEEDS from this issue of bonds will be used for construction and improvement of county roads within the District's boundaries. LEGALITY:, T6 be approved by the Attorney General of the State of Texas, and Messrs. Gibson & Gibson, Attorneys, Austin, Texas. I CONDITIONS OF SALE Sealed bids, plainly marked "Bid for Bonds", should be addrilssed to Hon. Howard G. Hartzog, Count\)T . u> Judge, Calhoun County Courthouse, Port Lavaca, Texas, and must be received not later than 10:;30 . A.M.,(C.S.T~, on August 9, 1954. .' . I , Each bidder is requested to name the rate or rates of interest the bonds are to bear, but no rate in excess of 3% will be considered. Interest rates must be' in mutiples of 1/4 of 1% and no more than (2) coupon rates will be considered. . , Each bid must be accomplished by a Certified or Cashier's Check, payable to "Calhoun Count~ ,Ro~ istrict No.1"', in the amount of $6,000.00 (2% of' par ;value). This check vlill be considered as ll.,'!1:ood faith deposit. 'rhe check pf the success.t;ul bidder will be retained by the Dis;trict to assure perfprmance of the contract. in the event such bidder should fail or refuse to take up and pay for the bonds in accordance with his bid, then said check shall be cashed and accepted b the,District as full and complete liquidating damages. Otherwise, sai d check w ill be returned to the purchaser upon payment. f'or the bonds. No interest, l1i11 be allowed on t he check of the successful bidder. Should the District be unable to deliver said bonds, accompanied by the ap- roving opinion herein mentioned, or within the time limit hereinafter specified, then SUC:l checl~ is to be returned to the purchaser. Checks of unsuccessful bidders will be returned promptly. I The bidder must agree to accept delivery of and make payment for the bonds at the American . National Bank, Austin, !exas. It is anticipated that, such delivery c"an be made on or before september' 25, 1954, and if for any reason the Distric,t is unable to mm: e delivery on or before October 9, 1954, then the successful bidder may accept delivery of the bonds thereafter at his option. I The District will furnish printed bpndson lithographed borders, a complete transcript of the entire proceedings had incident to the ,authorizat'ion and issuance of the bonds together with the final, unqualified approving legal opinipn of Gibson & Gibson, Attorneys, Austin, Texas, and the Attorney General of the State of Texas, without cost to the pur.chaser. Any other opinion desire by the purchaser mUpt be obtained and paid for by him. idders are requested to submit bids on the "Official Bid Form" attached, submitting bids for either or both non-optional bonds and bonds containing an option of prior redemption ten years from their date at par and. accrued interest. Total interest cost,"premium, if any, net interest cost,,!tld average interest rate are to be specified. No bid of less than par and accrued interest ill be considered. All bids shall be unconditional and the Commissioners Court of Calhoun Count\)T reserves the right to waive any irregularities or to reject any and all bids. ~dditional copies of the "Official Notice of Sale" and "Official Bid Form" may be obtained from I - _ _ , raUSCher, Pie~ce & Co., Fiscal.Agents, 729 Milam Bu~lding, San Antonio 5, Texas, or from Judge r' oward G. Hartzog, Courthouse, Port Lavaca, Texas. /s/ HOWARD G. HARTZOG County Judge, Calhoun County, Texas. ated: July 30, 1954. '. I . .,. . .... ... ,.... 30 - .-- -;"0_1 oo! ~\ ~; ~ REGULAR AUGUST TERM . HELD AUGUST 9th & loth, 19.54 THE STATE OF TEXAS COUNTY OF CALHOUN I I I . BE IT REMEMBERED, that on this the 9th and lOth days of August, 1954, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State a Regular term of the - Commissioners' Court within and for said County and State, there were present on these days the Howard G. Hartzog, County Judge Frank E. wedig, Comlldssioner Pro 1 R. F. Kemper, Coinmission8r pr'; 2 Maurice G. Wood, County Clerk L. B. Griffith, Coinmissioner Pro 3 - 1 , following members of the Court, to-wit: ~ i ~ " . .. "- Clarence Barton, Commissioner Pro 4 . ~ .. WHEREUPON THE FOLLOWIim ORDERS HERE MADE AND ,EN'l'ERED BY SAID COURT, to-wit: 1 OFFICIAL BID ACCEPTED FOR ROAD DISTRICT NO. 1 On t his the 9th day of August., 1954, at a Regutar ['erm" of the Commissioners,' Court of Ca1- houn County, Texas, with all members of the Court being present, on motion made by Clarence Barton seconded by Frank Wedig, the lowest and best bid, fOr Calhoun County, Road District No.1 Bonds is as follows: . Reference is made to your "Official Notice of Sale", dated July 30, 19.54, covering $300,000 , 'I CALHOUN COUNTY, TEXAS, ROAD DISTRICT NO.1 Unlimited Tax Road Bonds, which is attached hereto and! made a part hereof. . For siaa legally issued bonds, containing NO OPTION of prior redemption, we will pay you par. and accrued interest from date of issue to date of delivery to us, plus a cash premium of $187.10, provided said bonds bear interest as follows: Bond maturing 1955 to 61, incl, bearing interest at l~% I' Bond maturing 1962 to 69, incl, bearing interest at 2% Interest cost, in accordance with the above bid is: , Gross;'Interest Cost $48,190.00 187.10 $48,002.90 1.88764% , Less Premium Net Interest Cost .. Effective Interest,Rate . ALTERNATE BID:, For your legally issued bonds containing OPTION of prior redemption on September , 1, 1964, or any interest 'payment date thereafter, at par and accrued interest, we will pay you par and accrued interest, from date of issue to date of delivery to us, plus a cash premium of ~187.10, provided said bonds bear interest as follows: SAME BID AS ABOVE --- Attached hereto is Cashier's-Certified,Check in the. amount of $6,000.00, which represents our 1 Good Faith Deposit and which is submitted in accordance with the terms set forth in the "Off.ic,:l:a] _--&'_~ ---P Notice of Sale". ' Respectfully submitted, FIRST SOUT~mST COMPANY By Laddie T. Janecek. Authorized Representative. 1 The above and foregoing bid for ' L , b/OPTIONAL bonds is he~eby in all things accepted , I . " by the Commtssioners Court of Calhoun'CoUntyfor Calhoun County Road District No.1, this the 9 day of August, 1954. ' ATTEST: Ilsl (SEAL) Is/;ItOWARD G. HARTZOG _ CountY,Judge, Calho~ County, Texas. . MAURICE G. WOOD County Cl~rk. , l ...... ~ .."""l 31, other bids are as follows: 3. Rauscher-Pierce Co. (Optional) 1.89198% 1.8928% and 1.8941%) 1.9108% 1.91207 . x. Russ &. Compapy, San, Antbnio &. First of Texas Corporation, San Antonio .. 2. (DeWar, Robertson &. Pancoast, Republic National Bank of Dallas and Dallas Union Securities Company The Ranson-Davidson Co. I 4. 5. Fridley &. Hess , , 1.960833~ " 1.97235% 1.981635% &. 1.9836% ' 1.99155% &. 1.99219% 6. , Columbian Securities Corp. of Texas and R. J. Edwards, Inc. Eddleman-Pollok Co., Houston, and EqUitable Securities Corp. Nashville, Tenn. 7. 8. Lentz, Newton &. Co., &. James C. Tucker &. Co. Inc. 1 9. Dit~mar &. Co., First National Bank in Dallas 10. , .. Mercantile National Bank, Dallas, Shears on, Hammitt Trust Company, Dallas, Texas &. Co, Texas Bank &. 1.99773% 2.0388%'~ 2.01388% \ (Optibnal)," 2.0615% . . 11. Underwood-Neuhaus &. Company, Houston by Jno. J. Faubion, Jr. . The County Judge and the County Clerk are herebY,authorized to execute contract with First Southwest Company, to return all checks of other bidders. The Court further agreed to recess until1 Saturday, August 14, 1954 to complete all necessary papers of Calhoun County Road Distric No.1. It is unanimously passed by the Court. It is so ordered. --Q------- SURVEY OF BAY SIDE BEACH ROAD COUNTY SURVEYOR", ,,^,' On this the 9th day of August, 1954, at a Regular Term of the Commissioners' Court of Ca1- I h oun County, Texas, with all'members of the Court being present, Charles Hodges, County Sur- veyor is aut horized to survey the second road' from the beach (upper road) to be sur veyed from state Highway to Mollnar Addition. Corners to be marked with steel stakes on lots owned by the County. On motion duly made, seconded and unanimously passed. It is so::ordered . . ROAD - MISCELLANEOUS DELEGATION FROI1 DeSHAZOR PARK On this the 9th day of August, 1954, at a Regular Term of the Commissioners' Court of Cal- houn County, Texas, with all members of the Court being present, some fourteen citizens in the . DeShazor Park Addition appeared before the Court to request a paving program for Alcoa Drive, same being City-County road in fro~t of new' school. Commissioner Wedig reported that the pro- ject was delayed to secure right-of-way across Wilson Estate lands and that the project should start within the next month, but that immediate temporary relief from the dust would be given by using a water truck. I - - - - - - - - - - - - - - TREASURER'S REPORT FOR JULY APPROVED On this the 9th day of August, 1954, at a Regular Term of the Commissioners' Court of Cal- 1 houn County~, 1'exas, with all members of the Court being present, Miss Mary Stephens, County Treasurer presented her report for the month of July, and it having been read in open Court and the Court having duly considered the same together with the exhibits accompanying same, and hav- ing the balances compared in the various accounts witl).cthose'reported by the County Depository and finding said Report to be correct, on motion duly made; seconded and carried, t he County Treasurer's Report for the month of July, 1954, be and the same is ordered approved. . TAX ASSESSOR-COLLECTOR REPORT FOR JULY APPROVED At a Regular Term of the'Commissionersi Court of Calhoun County, Texas, held on the ,10th day of August, '1954, in the City of Port Lavaca, all members of the Court beLng present on that Il.. ""-32 ooi -..., ~""l . C:... ~ day, Mrs. C. B. Guidry, Deputy, presented the Tax Assessor-Collectors Rep9rt for the~onth of JUly, toge.ther with the tax receipts::and other receipts accompanying same, anq finding said re;-, port to be, correct 'and in due form. Thereupon the motion being duly made, seconded and unanimous- ly carried! it is ordered tha~he Tax Assesser-Collectors Re~ort Eor the Month of July is approv~d. . - - - - - - - - - - - - - - - - JURY OF VIEW GEORGE,STRE1~ EXTENSION STATE' OF TExAs COUNTY OF DALHOUN ) ) ) . 1 ~ . On this the 9th day of August, A.D. 1954, ata regular term of the'Commissioners Court of Calhoun CO)IDty, Texas, with all members being"present, came pn to be con,sidered by the Court the appointment of a Jury of View in Eurtherance of an application mad~ at a previous r.egu1ar meetinl' of this court to wit: . On the 10th day of May, A.D. 1954, wherein an Application by B. G. Jecker, I and seven 9ther residential property owners and tax..' paying citizens of Calhoun County, Texas: petitionin~ for the opening of ~ public road! w~th metes and bounds, as follows: _ Beginning at a point in the north Boundary line of U .S,. Highway No,. 87, such point bei ng South 50 28' west 100 feet and south 840 32' 30 feet from the southeast corner of the Coast Materials Company 2 Acre Tract out of the M. Sanchea, Calhoun County, Texas, and terminating at a'point in, the southwest boun9-ary line of the Half League Road, such, point being in the center of an extention, of George_street, City of Port Lavma, both such points being the center of the 60 foot pUblic road desired and prayed for in such . Application. , duly Now, upon motion/made by Frank Wedig, and seconded by Clarence Barton, and unaniraously carried the following resident and tax paying citizens of Calhoun Cou~ty, T~xas, are appointed public, so that the same can be traced with certainty, to wit: .. I . ' as a jury of View, to layout, survey and describe..: such road to the greatest advantage to the .. S. A. Lovorn, Sr.; David McGrath;' John R. Carter; H. I. premeaux; and H. E. Larson, . ",. -- .--" 'who shall make written report of their proceedings"to the next term of this court, and the field . .. Jury of View, all as the law directs, and the Sheriff to make return of such service as the law directs. , , /s/ Howard G. Hartzog County Judge ~UDGET HEARING NOTICE 1-' 'At Fh~ Regular Term of the Co~ssioners I Court in and f or Calhoun County, Texas, held in fhe regular meeting place of said Court in the County Courthouse in the City of Port Lavaca, IT'exas, on the 9th day of August, 1954, lvith COulJ.ty Judge Hartzpg, presiding aJ. d Commissi oners I ' , , Ife,dig, Ken:-per, Griffith and Barton, present, - and the County ~lerk in attendance, there having come In for hearing the matter of the public budget hearing, it was moved by Commissioner Barton that ~he County Judge be, and he is hereby, authorized and directed to publish in a newspaper of count,v- I County, Texas, budget for the calendar 1 . I wide circulation notice of the public . year 1955 to be held at 2: 00 P.M. on hearing on the C81 houn , < Sept.emberl, 1954. Motion seconded by Commissioner Kemper, Question. Motion carri~d. It is so_ordered. . ,TTEST: lAURICE G. W) OD :ounty Clerk and Ex-Officio Clerk of the ommissioriers' Court, Calhoun County, Texas Howard County G. Hartzog Judge, in and for Calhoun County, ~exas. , .... ,33' '""'Il ~- . NOTICE OF BUDGET HEARING. As provided in Article 689 (a)'ll Revised Civil Statutes of Texas as amended, is rereby given that the Commissioners' Court of Calhoun County, Texas, will conduct a public hearing in their regular meeting place in the County Courthouse in the City of Port Lavaca on the proposed I budget for said County for the calendar year 1955.' Said hearing will commence at 2:00 P.M. on the 1st day of September, 1954. Calhoun County has the right to attend and participate in said hearing. By order of the Commissioners' Court. .. Any taxpayer 0 Howard G. Hartzog Courtty Judge, Calhoun 9ounty, ' Texas. . 1 . SHERIFF - DEPUTY Oscar Cava1lin, On this the lOth day of August, 1954, at a Regular Term of the Commissioners' Court of Cal- houn County, Texas, with all members of the Court being present, on motion made by Clarence ).?art time ' Barton, seconded byFr,mk Wedig, and unanimously carried, the employment of ajdeputy sheriff , "~ ~~o ~~o Was approved at a monthly salary of $0~.50'and car expense at $40.0& per month, upon the filing with the Clerk a Deputation as provided by law, such salary 'and , ust 1st, 1954. It is so ordered. expense retroactive as of Aug- ~ ---------- BID ON LOADER FOR PRECINCT NO. FOUR On this the lOth day of August, 1954, at a Regular Term of the Commissioners' Court of Cal- I houn County, Texas, with all members of the Court being present, on motion made by Clarence Bar- ton, seconded by Frank Kemper, aQd unanimously carried, an order was passed as follows: NOTICE TO BIDDERS 'Take notice that sealed bids addressed to the undersigned-will be received by the Commis- , sioners' Court of Calhoun County, Texas, in the Courthouse in Port Lav~a, Texas, until 10:30 O'clock A.M. on the 1st day of September, 1954, for the following described equipment for use by Precinct No.4, Calhoun County: Each bidder shall file their bid as follows: " ,..;' ~: One yard full hydralic loader mounted on track tractor. Flat center track of not . . less than 15 inch width on 6 foot 7 inch length from center of front idler to center of drive sprocket. Diesel motor of not less than 40 h.p. on drowbar. Bucket width not less than 78 inch. ALTERNATE: One yard full hydraulic loader mounted on rubber tire tractor of not less than 60 h.p. gasoline or diesel motor. Bidder to furnish complete specifications on machine bid. Less trade-in one Hough Loader mounted on DI Case Tractor. can be seen at County Barn at I Seadrift. A certified check in the amount of five percent (5%) of the amount of bids must accompany each bid. The Court reserves the right to reject any or all bids or parts of bids. ATTEST :: Howard G. Hartzog, Howard G. Hartzog County, Judge, Calhoun County, Texas. I MAURICE G. WOOD Maurice G. Wood, County Clerk Calhoun County, Texas. -- - - - - - - - - - - - - ~ ROAD BUILDING MATERIALS . On this the lOth day of August, 1954, at a Regular Term of the Commissioners Court of Ca1- . houn County, Texas, with all members of the Court being present, on motion made by Clareroe Bar.- ton, seconded by L. B. Griffith, and, unanimously carried, an order was passed as follows': NOTICE TO BIDDERS II .. ... r- 34 Take notice that sealed bids address to the Comrnissioners' Court._of ~,al_houn ,County, TexasJ at the Courthouse in Port Lavaca, Te.x:as, until 10 0' clock A.M. on the 1st day of September, 195~, of Road District No. 1 of ca1houJ for the following described roadbuilding materials for the ,use County, Texas, and for other County roads within the County. Bid No.1. 50,000 cubic yards of mud shell" of a mud content of not less than 6% ,and not more than 12%, to be Ipaded into county trucks at Seadrift"Texas, for the use of Commissioners Preci, ct No.4., Alternate. 50,000 cubic yards of mud shell, of not le~s than: 6% or more than 12% mud cantent stockpiled at Seadrift, Texas. Bid No.2. 15,090 cubip yards of mud shell, of not less than 6% and not more than 12% mud con- tent, to be loaded into County trucks, from, the, hopper"or to,be stockpiled and loaded into Count, trucks at, P,ortuLavaca, Texas, for the use of Commissioners Precinct No. 1. Alternate: 15,000 cubic yards of mud shell of not less than 6% or more than 12% mudcontenti' stockpiled at Port Lavaca, Texas. BID No.3: 3,000 cubic yards or mud shell of not less than 6% or more than 12% mud content, to be loaded into county trucks from the hopper, or to be stockpiled and loaded into county trucks . on the east side of Lavaca Bay, for the'use of Commissioners Precinct No.3. Alternate: - 3,000 cubic yards of mud shell on not less than 6% or more than 12% mud content stockpiled on the east side of Lavaca, Bay. /: ~ ~ - - - - . - - .. ~ , Payment for same to be made on a monthly basis as delivered in t ruck, except on alternate bid, to be paid on stockpile survey. ~ The commissioners court reserves the right to ~eject<any or all'bids or papts thereof. ~ A certified check in the sum of 5% of the amount of bid must accompany,each bid. ATTEST: Howard G. Hartzgg, county Judge Maurice G. Wood, County Clerk ,po' - " ELECTION PRECINCTS , NOTICE OF VOTING, PRECINCT no. 15 ) , of Ca . . On this the lOth day of August, 1954, at a Regular Term of the Commissioners' Court , houn County, Texas, with all members of the Court being present, on motion duly made,' ~econde~ . and unanimously carried Voting Precinct No. i5 is hereby established. In compliance I cincts as heretofore ":1. , notice is hereby given that all Voting Pre- with Article . . defined by the Commissioners' Court of Calhoun County shall for the year .. \. .. '. -- + ~ - - - - - 1955 and until hereafter changed shall remain and be tJi.e- same as provided on page _ _ Vol. H of the Minutes of the Commissioners' Court, except for the Precinct therein defined as Voting Precinct No.1, in Commissioners Precinct No.1, which shall hereafter be divided into two voting . ' ~recincts defined as follows: / Voting Precinct No.1 is hereby designated as all that part of Commissioners' Precinct No.1 west- r-\----------:- Mard of the center line of Virginia street and its northward extension the"S'ix"Mile_Road to the Maxwell Ditch, and'its, southward extension known as the Oblate Villa Road to the edge of Lavaca I ' , . . ' '"",.' , ' r.ay, ano. shall ,extend westward ,to the ,Center Line of seadrift Street, an5t.til~~extensi on, of sa! d street, northward along the center line of the Half League road to the,Maxwell di~ch, &nd the . rxtension of' said road southward along_ t_he_ ~ente_r _li_ne_ 0: ~~:~:;;o_colate Loop ro~ to the waters jdge of Chocolate Bay; - Bounded on the south by Chocolate Bay and on the North by the Maxwel~_ Ditch, and the Voting place thereof shall be at the Courthouse in Port Lavaca;.Texas:------- l~ting Precinct No. 15 is hereby designated and defi~e~ as all that par~ of Commissioners' Pre- binct No. 1 westw~rdof the Center line of Seadrift Street and its extensions,. the Choco1~te Loop ~oad and the Half League Road --- except the area of" sa! d Commissioners Precinct heretofore desig .at- d as Voj;ing Precinll_t No.2" Cb..o,c,oJ.ate B,ox" and JLoting"g.Dl,Cin6;t~~to"._6"....M~Olia Be""')"'_BOX~_he,x;et ' ~ -'-.--.----:"'- 001 " . ~"'t ..-...... 'I~' '"',"" ,1(1 ",.. . -I J . I - , \i--"'\" . . I , 1 . < ....lIIIl ... . ,. 35 ""'Il .. -' .' tofore defined by the Court, and the Voting Place shall be at the New Elementary School. A " p }' o . SPECIAL AUGUST TERlJ! HEW AUGUST 23 , 1954 THE STATE OF TEXAS COUNTY OF CALHOUN I I I 1 BE IT REMEMBERED, that on this the 23rd, day of August, 1954, there was begun aha holden at the Courthouse in the City of Port Lavlica, said County and State a Special Term of the Commis- sioners I Court within and for said County and Stat e, there were present on 'this day the follow- ing members of the Court, to-wit: 'I, Howard G. Hartzog, County Judge Maurice G. Wood, County Clerk , L. B. Griffith,: Commissioner Pro 3 Clarence Barton, Commissioner Pro 4 Frank E. Wedig, Commissioner Pro 1 R. F. Kemper, Commissioner Pro 2.<1'fi"" WHEREUPON THE FOLLOW! NG ORDERS WERE MADE AND ENTERED BY SAID COURT 'rO-WIT: . ORDER CANVASSING RErURNS' AND DECLARING RESULTS OF ELECTION IN CALHOUN COUNTY DRAINAGE DISTRICT NUMBER 10 THE STATE OF TEXAS I I COUNTY OF CALH9uN, I ON THIS, the 23rd day of August, 1954, th~ Co~issioners' Court of,Calhouo C9~y, Texas, duly convened in Special session at the regular meeting place thereof in the Courthouse in the I~ / City of Port Lavaca, Texas, there being present and in attendance th~ following members thereof, It--. ,,I . , to-wit : "I / HOWARD. G. HARTZOG, COUNTY JUDGE FRANK E. WEDIG, / S011I>lISSIONER, Precinct No.1; " R. F. KEMP~, , LOUIE B. GRIFFITH, , \~ CLARENCE BARTON,..... COMMISSIONER, Precinct No.2; COMr~fSSTONER, Precinct No.3; /' COM}ITSSIONER, Pr~cinct No.4; when among other proceedings had were the following; - li Commissioner Barton introduced the following order and moved its adop~ion by the Court:, ,WH~EAS, on this the 23rd day of Auggst, 1954 there game on to be gonsidered the returns .. " of an election held in..Calhoun County Drainage District Number 10 on the 21st day of August, 195 J.: to dete~mine whether or not Calhoun Cou~tY,Drainage District Number 10 shall be create~, and, . whether or not bonds of said district shall be issued in the total principal amount of $112,000, for the propoSE;ld improvements and to defray all necessary actual and incide~t(3.1 expenses in ccn- " I nectton therewith;.and whe~her or not ad valorem taxes s~all be levied on (3.11 taxable property wtthtn said district sufficient to p~y ~he interest on said bonds and to prOVide a sinking fUnd to pay said bo~ds at m~turity; and ~~EAS, it appears to the Court that said election was lawfully held in all respects; th~t only persons who are resident property taxpayers and qu~lified voters of the district and who I had duly rendered 't'heir property for taxation were permitted to vote at said election; and that , there were cast at said election -20- votes, of which nuniber -20~ vo~es ,were cast "FOR THE DRAI:N- -(" .AGlj: DISTRICT AND THE ISSUANCE OF BONDS AND LEVY OF TAX?S IN PAYMENT THEREFOR", and -0- votes were cast "AGAIN:?T THE DRAINAGE DISTRICT AND THE :{SSUANCE OF BONDS AND ,LEVY O:f TJ)XES IN PAYMmlT, ,- THEREFOR'" . , .. .IT :[:S THEREFORE ORDERED, ADJUDGED AND DECREED BY THE COMMISSIONERS I COURT OF CALHOUN CO~ TEXAS: 1 S~TION 1: That the'~foresaid election was duly and,legally called and notice thereof . . . "\;,.. ~ given iI]. accordance with the laws of the St~te 0:( Texa~ pertaining there~o ~nd the crder calli~!= .... .... ,.... 3 6 00\ -' ....~, ~ co said election; that said 'electian was held in strict conformity with ,the Constitution and laws OJ and the returns thereof-have been'properly made to the ofricials or the Counuy . the state of Texas, ,entitled to- recei ve same; and that only resident qualified property taxpaying ,v.oter.s ,of the, said district, who. o.wn pr.op,er.ty ther,ein s1J.bject to taxation and who have duly rendered the same ,for. taxation were permitted to vote at said election; and further, th~ said election praperly repr.]e- sents the desires of those qualified to vote as aforesaid. SECTION 2: That in the matter of the petition of Mr. Bill Keller and 39 others pray~ ' for the establishment of a drainage district in said petition described a~d designated as calhouJ County Drainage District Number 10, be it known that at an election called ror that purpose in I; said district, held on the 21st day of August, A.D. 1954, a two-thirds majority of the resident property of bonds taxpayers voting thereat, voted in favor of the creation of smd district, and the issu~nce and the levy af tax. Now: therefore, it is considered and ordered by th~ Court that sa~d 1- ~ Drainage District be, and the same is hereby established by the name of Calhoun County Drainage District Number 10 within the following metes and bounds~. BEGINNING at a stake set in the common boundary line' between the Me1bourn lands and the P. R. Austin Estate lends in the Wm. P. Lewis titled survey Abstract No. 103, on the North B/E, of Drainage District No.8, and which stake is S. 35 deg. W., along said B/L, a ,distance of 1500 feet from the N. E. corner of the P. R. Austin Est~ e tract, THENCE N 54 deg. 07 minutes W., across the Melbourne Tracts in the Wm. P. Lewis Survey and I. &.G. N. R. R. Co. Survey, Abstract No. 97, a distance of 8504 feet to a stake set in the . common boundary line between the Melbourne Tract and the Duncan Brothers Ranch land~'; at point where the Duncan Latera~ No. 1 canal joins the main canal. THENCE N. 80 deg. W.? across the Duncan Ranch lands in the I & G. N. R. R. Co. Survey; Abstract No. 97, and the John P. Tilley Survey a distance of 7992,feet ,along the top of the spoil I' bank on the Northeast Spoil Side of the main irrigation canal to. the eastern' or Southeast corner of R. L. Garrett S/D, Tract No. 21 owned by Henry J. Hahn, (Deed Ref: Vo1.'46, page 114); THENCE N. 35 deg. 04 minutes with the' common BIL between Garrett sID; Tract N. 21 and the uncan Bros. Ranch lands, a distance of 2869 ft, to the Northeastern'corner of said Garrett S/D ract No.2, (an iron pipe set in fence line) and the Southeastern corner of Garrett sjD Tract NOI. 22,:owned by Eddie B. Thompson, in the Florentina Garcia titled Survey. THENCE N 52 deg. 30 minutes W. across Eddie B. Thompson's Garrett S/D Tract No. 22, a diSr tance of 2494 feet to a stake set in the Southeast ~/L of the Port Lavaca-Long Mott Road at a point S. 22 deg. 45 minutes west, along road B/L 'from the N. E. corner of Garrett SiD Tract No. 22; THENCE, continuing on same course across said Long Matt Road a distance of 63 feet to a . stake set in the N.W. B/L or said Long Mott Road which stake is also set in the S.'E. B/L of I and Co. S/D Tract No.5, owned by R. R. Bales, at a point which is S. 22 deg.'45 minutes W. khe Lang Matt Road BIL a distance of 805 feet from the S. W. ~orner of the Tract awned by R. cartr along R. Bllles. I.. Y' THENCE continuing on same course across said c~rt'{;-Land Co. S/D Tract No.5, F10rentina Garcia title Survey; a distance of 3528 feet to the common corner of tracts owned by R. h. Bales land Thomas F.Eager, resting on the Sautheast BIL or land owned by M:tion (originally par>t of the Martin Estate lands out of Florentina Garcia Titled Survey); THENCE S. 35 deg. W. with the Southeast B/L'of the said--Matson Tract along the upper baund- rry line of Carter'Land Co. SiD, _Tract No.5, owned by Bales; a distance of 217 feet to the S. E. [corner of the A. C. H & B. Survey, Abstract No. 44, owned by the Bierman Estate. THENCE N 35 deg" W. with the Northeast boundary line of A. C. H & B. Survey, Aostract No. , ,a distance of 3102 feet to rence corner in North boundary 1ine,of State Highway No. 35. THENCE N 71 deg. 30 minutes W. across A. C. H & B. Survey, Abstract N~~ 44, a distance of 4024 feet to a stake set s. 35 deg. vi. a distance of 2930 ft. along N. W. Bit of:smd Ai, C. H & from the N. E. corner of said A. C. H. & B. Survey- owned b the Bierman Estate. I . ~ ~ ,..-------- ""II 31, . . THm~CE continuing same course across county road, a distance of 51 feet to stake set in S~ E. B/L of Boyd Estate Tract No. 11, owned by J. Walter Boyd, in the B..Rodriguez Titled Sur-. veyat a point which is N. 55 deg. E. a distance of 900 feet from.the Southwest corner of'said . Boyd Estate Tract No. 11, owned by J. Wal ter Boyd; . THENCE N. 58 deg. 30 minutes W. across Boyd Estate Tract No. 11, owned by J. Walter Boyd, a distance of 2190 feet to a stake set in the N. W. corner of a tract of land in B. Rodriguez SUI1- ~I vey, owned by M. M. Crober; THENCE N. 58 deg. 20 minutes W. across Boyd Estate Tracts Nos. 12 and. 2, B. Rodriguez Sur- vey,' owned by Charles H. Boyd Estate"a distance of 3755 feet to the N.W. corner of Boyd Estate, I' Tract No.2; THENCE s. 55 deg~ W. with the North line of Charles H. Boyd 300 acre.Tract, along the Sou >h line of the M. Venitez Titled Survey a distance of 3926 feet to a stake in center of road, the . West'corner of Charles H. Boyd's 300 acre tract; THENCE S. 35 deg. E. with ElL of Drainage District No.7 and road between'Boyd, and H. D. Johnson and J. D. & C. F. Lambert tracts, through the M. Lopez Titled Survey a distmce of 6723 feet to the East corner of the C. F. Lambert tract on the West line of H. D. Johnson's land. THENC1E s.' 55 deg. W. with ElL of Drainage District No.7 and fence between. the lands of J. W. Williams, H. E. Burleson, C'. F. L~bert and Mrs. :Effie Lynch; a distance of 5143 feet to , ' - 'the South corner of Lynch Tract, the West corner of Burleson Tract and the North corner of the Wagner Tract; THENCE S. 35 deg. 30 minutes E. with the B/L of Drainage District No.7 and third class 1 " ' road between Wagner & Burleson Tracts, and with fence between Johnson Tract No.5 (Noe Lee Stuar ) and Burleson Tract No.6 (now Wesley Smart) in Block I'.F'" of' Wel1hausen & Driscoll SiD of Green Lake Farms, a distance of" 6988 f.eet to a s,take, in the North line of the P. R. Austin's Estat e "'" lands in the E. Rendon Titled Survey; THENCE N. 56'deg. 45 minutes E. along the North line of the P. - 11e1 to main canal a distance of 708 feet to a stake set opposite the Canal through the Austin Estate lands. THENCE S. 62 deg. 30 minutes E. with center of Canal a distance of 2245 feet to a t urn in R. Austin Estate lands para- center line of "cross-overJ Canal; . THENCE S. 70 deg. 15 minutes E. with center of Canal a distance of 908 feet to turn in ..,---, Canal; THENCE N 55 deg. 15 MihutesE. with center of C~na1 a distance of 2411 feet to, turn in Canal; ,I THENCE S 36 deg 15 minutes E. with center of Canal a distance of 972 feet to turn in Cana=: THENCE S 59.deg 45 minutes E. with center of Canal a distance of 800 feet to turn in Can~ , , , THENCE S. 51 de? 30 minutes E. with center of Canal a distance of 1B81 feet to the Sout~ east B/L of theE. Rendon Survey, which is the common BIL between the Austin Estate lands and to-. Tract owned by J. P. Woods; THENCE N57 deg. E. with commcn'B/L between Woods and Austin tracts, a distance of 1068 1 , feet to the Southeast corner of the E. Rendon Survey, a common corner of Austin and Woods tract=== THENCE,S. 65 deg. 30 minutes E. with the top of the Spoil Dump on the East side of Main canal across the J. P. Woods tract in the I & G.N.R.R. Co. Survey, Abstract No. 94" a distance 590 feet to the Northwest B/L of the Long Mott Road; , ~ENCE with the Northwest B/L of Long Mott Road, S 35 deg W. a distance of 65 feet to tc=== . , of Spoil Bank on Southwest side of Main Cana~; THENCE S. 65 deg. 30.,minutes E. with top of Spoil Bank on the Southwest side of Main ca== . a distance of 3450 feet across the Duncan Brothers,'Ranch'lands and the I & G. N. R.R. Co. Sur Abstract No. CJ4., to "Wve" in the Main Canal~ , .... "..- 38 00...... ~ ~ - t::cJ N - THENCE with top of Spoil Bank along the Southwest side of the Southwest fork of Main Canal S...32 deg: '15 minutes E., a distance of 4427 fe~t across Duncan. Brothers , Ranch lands and I ~ G~ N. R. R. Co. Survey Abstract No. 95, to a turn in canal; THENCE S. 22 deg.E. with top of Spoil Bank along the S9uthwest side of. canal a distance of 4335 feet across the Duncan Brothers' Ranch and the I & G. N. R. R. Co. SUrvey, A~stract No. 98 and the Elizabeth Miller Survey to the North B/L of the Roemer Estate Lands on the Southeast side of . the canal; THENCE N 34 deg. E. along the common boundary line bet~een the Duncap Brother~1 Ranch and tr~ Roemer Estate Imds, whi,:h.common B/L is along the Northwest,B/L's of the.Thomas Work Survey"a distance of 3650 feet to the Northeast corner of John C. post Survey and the turn in the. canal; THENCE S. 55 deg. E. with the c9mmon B/L between t he Duncan Broth,?rs! Ranch ~nd the Roemer " Estate lands, through the John C. Post and l-li11iam P. Lewis Surveys, Abstract No. 197, a distm.ce of 7346 feet to the Northwest B/L of the P.R. Austin Estate lands in the,Wm. P. Lewis Survey, Abstr~ct No. 107; I~ 'I' , THENCE N. 35 deg. E. with the Northw,?st B/L of the ~. R.Austin Est?te land? ip. the Wm. P. ~ewis.Survey; Abstract N9. 107 and the Wm. P. Lewis Survey, A~stract No. 103, and the B/L of Drain- I age District No.8, a distance of 11370 feet to the Place of Beginning, c9ntaining 9060 acres of ~and. SECTION 3; That in accordance with th,? terms and provi?iop,s of Article.81~8 Vernon's A~otjled jTeXaS Civil statutes, the following persons, who are residents of Calhoun County and who are freet r01d taxpayers of the District and legal voters of the County shall be, and they are,hereby, appo[nted Prainage Comrnissioner? for said District: . , J. C ~ Williains J. S ~ Sikes . 'William H. Hahn I Such Commissioners shml hold office for two years and until, their successors have,qua1ified, un- ,less sooner removed by a ~aj9rity vote of the Court for malfeasance in office. their term of office, or in case of resignation, the Court shall appoint their Upon expiration o~ , b J successors y a m~D- orityvote. . The County Judge declared the motion carried and the ord~r passed and adopted. as ordered and directed to record the same in the proper min~tes of the Court. The Cle rk PASSED, ADOPTED AND APPROVED, this the 23 day of August, 1954. HO\-IARD G. HARTZOG, . . County Judge, caiti.oun County, Texas I FRANK E. W,EDIG Commissioner, Precinct ~~~er 1 URICE G. WO OD wrrty Clerk apd E~-Officio Clerk of th~ nmisstoners"Court of Calh9un County, '(as. It. F. KEHPER Commissioner, precinct Number 2 t. B. GRIRFITH ,C?mmissioner, Precinct Number 3 I TEST: CLARENCE BARTON QOmmis?ioner,precinct Number 4 1M. Court seal) ~. . , .~ 7 > ; ..... r-- 39 "'l . - - - - - ~ ~.- -.- - - - - - - - - - - - - - - - - - - - - - - - HELD AUGUST 14. 1954 -I SPECIAL AUGUST TERM ORDER AUTHORIZING THE ISSUANCE OF BONDS THE STATE OF TEXAS I I COUNTY OF CALHOUN I On this the 14th day of August, 1954, the Commissioners Court of Calhoun County, Texas, was convened in regular session at a Regular Term thereof at the Courthouse in Port Lavaca, Texas, I with all members of the Court, to-wit: I HO\vARD G. HIR TZOG, FRANK E. WEDIG, R. F. KEMPER, L. B. GRIFFITH, CLARENCE BARTON, MAURICE G. WOOD, County Judge COIllIl1issioner Precinct No. 1, Commissioner Precinct No. 2, Commissioner Precinct No. 3, Commissioner Precinct No. 4, County Clerk, I being present, and passed the fOllowing order: WHEREAS, on the 2nd day of June, 1954, there was presented to this Court a petition signed by the requisite number of qualified property taxpaying voters of said Road District No.1, of Calhoun County, Texas, praying that an election be ordered to determine whether or not the bonds of said Road District No.1, of Calhoun County, Texas, shall be issued in the amount of $300,000,. 00 bearing interest at a rate not to exceed (3%) per cent per annum, and maturing at such times as may be fixed by the COmmissioners Court, serially or otherwise, not to exceed twenty (20) 'years from the date thereof, for the purpose of the construction, mmntenance and operation of macadamized, graveled or paved roads ,and turnpikes, or in aid thereof, within said District, an~ whether or not an advalorem tax shall be levied upon all the property of said Road District No. . . . 1, subject to taxation, for' the purpose of paying the interest on said bonds and providing a sinking fund for the recemption thereof at maturity; and . WHER~S, this Court, pursuant to said petition, on the 2nd day of June, 1954, ordered said ,- petition set down for hearing before the Commissioners Court of said County at Port Lavaca, Tex~ . on the 22nd day of June, 1954; and WHEREAS, notice of said hearing was given by publication in THE PORT LAVACA WAVE, a news- paper of general circulation published in Calhoun County, Texas, (there being no newspaper pub- lished within Road District No.1), for more than five (5) days prior to such hearing; and notic I were posted at the Courthouse door of said County, and at three public places within said Road District No.1, for more than ten (10) days prior to the date of said hearing; and WHEREAS, on the 22nd day of June, 1954, the Commissioners Court of said County was duly coni vened and held such hearing on said petition, and all interested parties were permitted to appe~ before said Court in person or by attorney and contend for or protest the calling of such elec"',;, tion; and . . WHEREAS, said Court having heard evidence pertaining thereto, found affirmatively that said petition was signed by more than fifty (50j resident property taxpaying voters of said Road Dis- I trict No.1, of Calhoun County, Texas, who owned taxable property in said Road District, and who had duly rendered the same for taxation, and that the proposed improvements will be for the bene- fit of all taxable property situated in said Road District; and WHEREAS, on the 22nd day of June, 1954, the Commissioners Court ordered an election to-be . held throughout said Road District No.1, of Calhoun County, Texas, as prayed for in said peti- tion, on the 24th day of July, 1954; and WHEREAS, notice of sm d election was duly gi ven by publication in THE PORT LAVACA WAVE,. a newspaper of general circulation pUblished in Calhoun County, Texas (there being no newspaper p~ lished within Road District No.1), and which notice was published for three, weeks next prior t ... r- 40 . ~l e.,'J ~ the, Aate, of .sa,id ,e),e,c_t,ion, and in addition thereto, notice thereof was posted_~t__t)F.:e_~ ,pu,blic , piac-esin said Road D'{strict No.1, and one notice thereof was' posted 'at the Courthouse 'do'or-cii said County in the City of Port Lavaca, Texas, for at least 'three weeks next preceding the date of said election; and . WHEREAS, said election was duly and legally held on the 24th day of July, 1954, and the re- sult of said election was duly certified and returned to this Court by the judges and clerks the e- t of; and WHEREAS, on the 26th day of July, 1954, this Court considered the returns of said election I and canvassed the same and found that there were cast at said election 435 valid and legal votes, , of which number 365 votes were cast FOR THE ISSUANCE OF THE BONDS AND THE LEVYING OF THE TAX IN PATI~T THEREOF, and 70 votes were cast AGAINST THE ISSUANCE OF THE BONDS AND THE LEVYING OF THE I " TAX IN PAYMENT THEREOF, and this Court, thereupon, by order duly entered, declared that the pro- position so submitted was sustained and adopted by a two-thirds majority of the resident qualifi- t ed property taxpaying voters"voting at said election; and WHEREAS, this Court has examined into and investigated : said election and finds that the same was duly and legally to be given has been duly and legally given; and that said formity with all requirements of law; and the regularity of the proceedings fon held; that the notice required by law election was conducted in strict con- . WHEREAS, the Commissioners Court deems it advisable and to the best interest of said Road istrict No. 1 to now proceed with the issuance of said bonds; THEREFORE, BE IT ORDERED, ADJUDG,ED AND DECREED BY THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS: I. . That the bonds of said Road District No.1, of Calhoun County, Texas, to be known as "ROAD I : BONDS OF ROAD DISTRICT NO.1, OF CALHOUN COUNTY, TExAs, SERIES OF 1954," be issued in the aggre- gate amount of Three Hundred Thousand ($306,,000.00) Dollars~' on the faith and credit of said Road! "District No.1, of Calhoun County, Texll~, 1inderimd oy virtue '<;Jf the' Co~stitution and Laws of thJ State of Texas, including Chapter 16, of the General Laws passed by the 39th Legislature at its First Called Session, 1926. II. That said bonds are issued for the purpose of the construction, maintenance and operation of macadamized, graveled or paved roads and turnpikes, or in aid thereof, within and for said Road I District No.1, of Calhoun county, Texas. . III. That said bonds shall be numbered consecutively from 1 to 300, inclusive, and shall be -,/ denomination of One Thousand ($1,000.00) Dollars each, aggregating Three Hundred Thousand d of th:e ($300,000.00) Dollars. ./ I -" IV., That said bonds shall be dated september 1,1954, and shall become due and payable serially as follows: BOND NUMBERS MATURITY DATES " " AMOUNTS f( Inclusi.ve) : ",' , I 1 - 15 September 1, 1955 $ 15,000 16 - 32 september 1, 1956 17,000 33 50 :September 1, 1957 18,000 51 69 September 1, 1958 19,000 70 ""- 88 September 1, 1959 19,000 89 - 108 September 1, 1960 20,000 ,09 ;- 128 September 1, 1961 20,000 I . ...oil r--~-- 41 ~ I 129 - 148 September 1, 1962 $ 20,000 149 - 168 September, 1, 196J 20,000 169 - 188 September I, 1963 20,000 189 - 208 September 1, 1965 20,000 209 - 229 September 1, 1966 21,000 230 - 251 September 1, 1967 22,000 252 - 275 September 1, 1968 24,000 276 - 300 September 1, 1969 25,000 . with Bonds Nos. 189 to 300, inclusive, Optional on September 1, 1964, or on any interest payment I date thereafter. v. That said bonds shall bear interest from date as follows: Bonds Numbers 1 to 128, inclu- sive, at the rate of one and one-half (1-1/2%) per cent per annum, and Bonds Numbers 129 to 300, . inclusive, at the rate of two (2%) per cent p~r annum, interest payable on September 1, 1955, and . , - semi-annually thereafter on March 1st and September 1st in each year; both principal and interest . , ayab1e upon presentation and surrender of bonds or proper coupons at the Office of the State I Treasurer, Austin, Texas. VI. That each of said bonds shall be signed by the County Judge, countersigned by the County ,Clerk, and registered by the County Treasurer, and the seal of the Commissioners Court of said County shall be impressed upon each of said bonds. VII. I That the facsimile signatures of the County Judge and the County Clerk may be lithographed, engraved or printed on the coupons attached to said bonds and shall have the same effect as if ~hey had been signed by said officials. VIII. That the form of each of said bonds shall be substantially as follows: !NO. $1,000 . UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF CALHOUN ROAD BOND OF ROAD DISTRICT NO.1, OF CALHOUN COUNTY, TEXAS , ilERIES' OF' 1954 I -KNOW ALL MEN BY THESE PRESENTS: That Road District No.1, of Calhoun County, Texas, FOR iVALUE RECEIVED, acknowledges itself indebted to and hereby promises to pay to bearer ONE THOUSDAND DOLLARS I ($1,000.00), in lawful money of the United States of America, on the 1st day of September, 19___, with interest thereon from date hereof until paid at the rate of %) I er 'cent, ,per annum, interest payable on September 1, 1955, and semi-annually thereafter on March I --~ st and September J:stin"~'ach year, on presentation and surrender of the annexed interest coupons as they severally mature. , I....\..~... ". . Both principal and interest of this bond are payable at the Office of the State Treasurer, ustin, Texas, for the prompt payment of this bond and the interest thereon at maturity, the fu1== faith, credit and resources of Road District No.1, of Calhoun County, Texas, are hereby irrevoc ably pledged. This bond is one of a series of three hundred (300) bonds, numbered consecutively from 1 to 00, inclusive, of the denomination of One Thousand ($1,000.00) Dollars each, aggregating Three I undred T ousand ($,3.00 ,0Q..Q.._0~QUol.J.ars,,-,--:Lssued for the purpose, of the COI1:l..t.Blcti OIt. ma:Lnt..E1.D.!J,Il.9_6_ 110.. "..- 42 ""III 00 ~ ,~ f<5 and operation of macadamized, graveled or paved road~~and turnpikes, or in aid thereof, within~d for said Road District No.1, of Calhoun County, Texas, under and in strict conformity wit,h sec'-, tion 52, Article 3; of the Constituti'on of the state, of ,Texas,' and laws enacted pursuant thereto, and pursuant to an order: passed by the Commissioners, Court of Calhoun County,' Texas,' which order, is of record in the Hinutes of said Court. . The date of this' bond, in conformity,with the order above referred to" is September 1, 1954. Road,District No" 1, of Calhoun County, "Texas, reserves, the ,option of redemming this bond oi September 1, 1964, or on any interest payment date thereafter, by, paying principal and accrued i1- terest thereon, and in case said bond is so called f~r redemption prior to maturity, notice ~he;l- .., - II of in writing shall be given by the County Treasurer of Calhoun County, Texas, to the state Trea ~r- er, Austin, Texas, at least thirty (]O) day~ prior to the date fixed for' redemptio~, and said County Treasurer shall also cause said notice to be published in a financial journal published I . in the St$e of Texas, one time at least thirty' (30) days prior to the date so fixed for redemp- I tion, and should this bond not be presented for redemption, the same shall cease to bear interest from and after the date so fixed for redemption. (NOTE TO PRINTER: 'The foregoing paragraph applies only to Bonds Nos. 189 to,,~300, inclusive). AND IT IS HEREBY CERTIFIED AND RECITED that the issuance of this bond, and ,the series of which it is a part" is duly authorized by law and by ,a two-thirds majority of the qualified resi- . . dent property taxpaying voters of Road District, No., 1, of Calhoun County, Texas, voting at an . election duly held for th::t purpose within said Road District No. 1 on the 24th day of July, 195L; and that all acts, conditions and things required to be done precedent to and in the issuance of this series of bonds, and of this bond, have been properly done and performed and have happened in regular and due time, form and manner as required by law; that a direct annual ad valorem,tax has been levied upon all taxable property in the said Road District sufficient to PIW the intere1 t I on this bond and thewrincipal thereof at maturity; and that the total indebtedness of said Road District, including this bond,' does not exceed any constitutional or statutory limitation. IN TESTIMONY WHEREOF, the Commissioners Court of Calhoun County, Texas, has caused the seal of said Court to be affixed hereto and this bond to be signed by the County Judge, countersigned by the County Clerk, and registered by the County Treasurer of said County,and the interest coupons hereto attached to be executed by the facsimile signatures of said County Judge and coun~YClerkJ as of the 1st day of September, 1954. COUNTERSIGNED : HOvlARD G. HARTZOG C9:unty Judge, Ca.lhoun younty, Texas. MAURICE G. wooD Co:unty Clerk, Calhoun County j' Texas. . ",. ., MARYST,EPHENS County Treasurer, Calhoun County, Texas. REGISTERED : That the form of interest coupons attached to said bonds shall be p-rc ?, substantially as follows: I IX.. ~O. :w' ON THE 1ST DAY OF _ <_'" . .......0 , 19 ROAD DIS'rRICT NO.1, OF CALHOUN COUN'rY, TEXAS, promises to , - ~ . ,- . - ' . -- ^ . the state Treasurer, ,Austin, Texas, the sum of ~-'- -::. . ~ pay to_bearer, ~t~t~Office of /~' ,~ ___<$_____ )Dol1ars, I , ' being the interest due that day on ROAD BOND OF ROAD DISTRICT NO.1, OF CALHOUN COUNTY, TEXP.S, ,ERIES OF 1954, No. , dat'ed September 1, 1954. HOWARD G. HARTZOG , county Judge . MAURICE G. WOOD Co~ty Clerk, /' . ",; [ ,. x. That substantially the follOWing certificate shall be, printed on ,the back of each bond: ..... r 43 ""ll 1 :::;'O;'T:::/ROLW<+lj r I HEREBY CERTIFY that there is on file and of record in my office a certificate of the Att01- ne~General of the state of Texas to the effect that this bond has been examined by h~ as requil- ed by law, and that' he finds that it has been issued in conformity with the Constitution and LawJ of the state of Texas, and that it is a valid and binding obligation upon said Road District No. l,of Calhoun County, Texas, and said bond has this day been registered by me. WITNESS MY HAIID And seal of office, at Austin, Texas, this . . Comptroller of Public Accounts of The State of Texas. XI. I . . IT IS FURTHER ORDErED that while said. bonds, or any of them, are outstanding and unpaid, there shall be annually levied, assessed .andcollected ,in. due.. time, form and manner, an ad valorem tax upon all the taxable property in said Road District No.1, of Calhoun County, Texas, surficiJ ent to pay the current interest on said bonds az:,.Areate a, sinking fund sufficient to pay each installment of the principal of said bonds as the same becomes due, and there is hereby levied for the year 1954 an ad valorem tax on each $100.00 valuation of taxable property in said Road -District No.1, of Calhoun County, Texas, sufficient for said purpose, and the same shall be ass. essed and collected and applied to the purpose named; and while said bonds, or, any of. them, are outstanding and unpaid, a tax for each year at a rate from year to year as will be ample and suf- . . ficient to provide funds to pay the current interest on said bonds and to provide the necessary sinking fund, full allowance being made for delinquencies and costs of collection, shall be and I is hereby levied for each year, respectively, while aaid bonds, or any of them, are outstanding and applied to the payment of the interest. on and principal of said bonds. XII. That the bid of FIRST SOUTHWEST COI~ANY, on the bonds herein authorized, at a price of par and accrued interest to' date'of deilvery, plus a premium of $187.10, being the highest and best bid submitted for said bonds, be" and, the same is hereby accepted, and the County Judge, County Clerk and County'Treasurer are hereby authprized, directed and instructed to do all things nec- essary to deliver said bonds to said purchasers at said price. XIII. . IT IS ALSO ORDERED that the County Judge of Calhoun County, Texas, 'be, and he is hereby authorized to take and have charge of all necessary records pending investigation by the Attorne~ I , General and shall take and ha:ve charge and control of the bonds herein authorized pendi ng their approval by the Attorney General and registration by the Comptroller of Public Accounts. When said bonds have been registered by the Comptroller, the Comptroller is hereby authorized to de- liver said bonds to The American National Bank, Austin, Texas, where they will be taken up and paid for by the purchasers. I , The above order being read, it was moved by Commissioner Barton, and"seconded by ccimIJiission- er Wedig, that same do pass. Thereupon, the question being called for, the following members of ~ the Erourt voted AYE: 'Wedig, Kemper" Griffith, Bartm ; and the following voted NO: NONE. HOIiARD G. HARTZOG COUNTY JUDGE FRANK E. WED IG COMJ1ISS I ONER PRECINCT NO. 1 R. F. KIDlPER !COM1lISSIONER PRECINCT NO. 2 L. B. GRIFFITH COMrITSSIONER PRECINCT NO. 3 CLARENCE BARTON COMMISSIONER PRECINCT NO. 4. e. - - - - - - - - - - - - ., lo.:. ..,j r 44 I , '""'II1II 00 ~ "''''''' to ~ THE STATE OF TEXAS I I COUNTY OF CALHOUN 'I . , , We, the undersigned, County Judge and County Clerk, respecti vely, of Ca1houn County, Texas, , DO HEREBY CERTIFY that none of th~ proceeds' of the' $300,000.00 ROAD BONDS OF ROAD DISTRICT NO.1. OF CALHOUN COUNTY, TEXAS, SERIES OF 1954. 'dated September 1, 1954, will be expended on the con- struction of any State designated highway. We further certify that there are no districts created pursuant to Section 52, Article 3, off, the Constitution of Texas, which overlap Road District No.1 of said County. WITNESS OUR HANDS and the seal"'of' the Gon1missio'ners Court, this the 14th day of August, 19S1j!. HOWARD G. HARTZOO ' COUNTY, JUDGE, , CALHOUN C 0UNTY, TEXAS. I (SEAL) MAURICE G. WOOD COUNTY CLERK, CALHOUN COUNTY, TEXAS. I - - - - - - - - - - - - - , STATE MENT OF INDEBTEDNESS THE STATE OF TEXAS I I COUNTY OF CALHOUN I , I, the undersigned, County Treasurer of' Calhoun County,' Texas,' DO HEREBY CERTIFY thai; the ~ollowing is a true 'and correct statement 'of the indebtedness of said'Road District No.1, of Ca:- , houn County, Texas, including the series of proposed bonds: . . , ' I. OUTSTANDING BONDS: Purpose Date - Int. ~ Due Amount ~stdg. II. PROPOSED BONDS: Road 9-1-1954 l~ $ 15,000 - 1955 I 17,000 1950 18,000 - 1957 19,000 - 1958/59 , 20,000 - 1960/65 , 1966 , 21,000 - " - 22,000 - 1967 " 24,000 - 1908 , . 25,000 - 19b9 $300',000 I FURTHER CERTIFY that total outstanding indebtedness of CALHOUN COUNTY, TEXAS, inourred under Seotion 52, Article 3, of the Constitution of, Texas, is $300,060.06. , WITNESS NY, OFFICIAL SIGNATURE, this ,the 25th day of August, 1954. , MARY STEPHENS GOUNTY,T~EASURER, CALHOUN COUNTY, TElCAS. I CERTIFICATE OF THE COUNTY CLERK I fHE STATE OF TEXAS COUNTY ,OF CALHOUN I I I I I, the undersigned authority, County Clerk and Ex-Officio Clerk of the CommiSSioners Court of . . _ , ._ --' c """"_,,-,' Calhoun County, Texas, DO HEREBY CERTIFY that the foregoing oopies of - ! 1. ,Petition to the Commissioners Court for an election to authorize the issuance of. Road , ' !B,onds of Road Distriot No.1, of Calhoun County, Texas; 2. Order. of the Commissioners Court' setting pet;i,tlon down for hear;i,ng, and minutes pertain- 1ng to its adoption; '- . 3. Notice of hearing; 4. Affidavit of posting notice of hearing; l .... r-- -- 45 ~ 5: Ar~idavit of pUblication or notice or hearing; . b. , Order ror road bond election, and minutes pertaining to its adoption; Notice of road bond election' , , 7. 8: Arfidavlt' of posting notice of ei~~tion; 9. , , Affidavit of publication or notice of election; , 10. Election Returns; I 11. ,Order canvassing returns and declaring result of election, and minutes pertaining to it: adoption; 12. Order author;zing the issuance of the bonds and levying the tax in payment thereor, and . minutes pertaining to its adop~ion; . , .. . ~ .. are true and correct copies of the originals.now on file and recorded in my orfice in the Court- I house in Port Lavuca, Texas. . I FURTHER CERTIFY - That the order setting the petition down ror hearing is or record in Book J, Page, 3, et seq., of the Minutes of said Court. That the order or the Commissioners Court ordering the bond election is of record in Book J, . . . Page 9, et seg., " or the Minutes or said Court,. .. .... . That ~he order or theCammissioners Court canvassing the returns and declaring the results or, , the election appears of record in Book J, Page, 27, et seq, of the Minutes or said Court." ., . That the order authorizing the issuance of the bonds is of record in Book J" p~ e 39, et seq., " . , . of the Minutes of said Court. , WITNESS MY HAND and the seal or the Commissioners Court of Calhoun County, Texas, this 26 , ' ' day of August, 1954. I (SEAL) MAURICE G. WOOD 91erk of the County Court and Ex-Officio Clerk of the Commissioners Court, Calhoun (:ounty, Texas. ---- ---------- No further business appearing. before the court, it is hereby adjourned. ------------- - , ISPECIAL SEPTEi'l13ER TERM I. "", HELD SEPT,EMBER 1st, 1954 . THE STATE OF TEXAS ComlTY OF CALHOUN I I I BE IT REMEMBERED, that on this the 1st day' or september. 1954, there was begun and holden at' . the Courthouse in the City of Port Lavaca,' siad County and, state a Special Term of the Commis- . ' sioners' Court within and for said county and State, there were present on this day the following 1 ,members of the Court, to-wit: , Howard G. Hartzog, County Judge Frank E. Wedig, Commissioner Pro 1 R.F. Kemper, Commissioner Pro 2 Maurice G. Wo<4. coUnty Clerk L. B. Griffith, Commissioner Pro 3 Clarence Barton. Commissioner Pro 4 I , WHEREUPON THE FOLLOWING ORDERS WERE MADE AND ENT'ER.ED BY SAID COURT TO-IUT: - - - - - - - - - - - - - -- . BIDS - MUD SHELL f' , ': 'On"'this th~ 1st day,of september, 1954, at a special Term of the Commissioners' C~urt of ca]! i I . , I noun County, Texas. with all members or the Court being present, on motion made by Clarence Barton ~econded by Frank'Wedig,' th~ lowest and best bids were unanimously accepted as follows: l Smith Brothers: ,Bid No. One - ,50,000 cubic yards of mud shell, of a mud content of nlit less than b% and not ... . . I or~ tl,1an'l2%; t? be loaded into 90unty truck frOlJl the hopper, or t,o be stockpiled and to county trucks at Seadrift, Fob..!.. 8eadrii't... Stockpile or hop.per ..........u.. loaded inl . m;..,7.2i .... ~ 46 oo"":l ~ ~ 1;;0 N Smith Brothers: Bid No. Two. 15,000 ,cubic yards of mud shell, of not less than 6% and nO,t mope than 12% . ,,' mud content, to be loaded ,into County trucks fram the hopper, or to be stockpiled and loaded into county trucks at Port Lavaca ....., Fob Port Lavaca .. ~ stockpile or hopper ..... $.72t Bid No. Three: Bauer-Smith Dredging Co., Inc.: Quote 3,000 cubic yards of mudshe11 of a mud conte'nt of not les's than six per cent (6%) and not more than twelve per cent (12%) to be stock- piled and loaded into County trucks at our yard on the east side of Lavaca Bay for the use of commissioners Precinct No.3 at $0.8500 per cubic yard. This quotation includes the current state tax of seven (7) cent per cubic yard and in the event of an increase or decrease in this tax, price will be adjusted to the tax in effect on the date of delivery. I' Alternate Bid No. 3: Bau~r~Smith Dredging Co., Inc. Same as above. Cert. Chk. $130.00 - - - - - - - - - - - I ~ - LOADER * PRECINCT NO. FOUR On tells the 1st day o~ september, 1954, at a ,. houn County, Texas, with all members of the Court and unanimously carried seconded by Frank WedigJ the lowest and best bid Special Term of the Commissioners' Court of Ca]- , ,,' ' , , II being presant, on motion made by Clarence Barton onl a loader was given to H.W.Lewis Equip. pp. All bids are as follows: speCifications on page 33 of Volume .r,' Bid of Wm. K. Holt Machinery Co. $11,300 less $850 on used Case tractor, net diff. $10,450.00 Bid of Hi-Way Machinery Company - Alternate Bid - $6,843.94 less used used tracyor with Hough . . Loader $1,548.94, Net price FOB Calhoun County, $4,295.00. Lowest and best bid: H. W. Lewis Equipment Co'. - 1 - New Allis-Chalmer Moded HO-5G tractor load r delivered $10,941.64, trade-in Case with Hough Loader $2,000.00, Balance $8,941.64. , ' ------------ LATERAL ROAD ACCOUNT . On this the' lilt day of September, 1954, at a SP9cial Term of the Commissioners' ,Court of Calhoun co~ty, Texas, held in. the regular meeting place of said Court-in the County Courthouse l'n the City of Port Lavaca, Texas, with County Judge Howard G. Hartzog, presiding end Commissioners , Wedig, Kemper, Griffith and Barton in attendoo ce and Maurice G.Wood, County Clerk present, there having come on for hearing the matter of the Lateral Road Refund for the fiscal year ending Aug~st 31, 1954, ,it was moved, by Commissioner'Barton, seconded byComrnssioner ,Kemper~d ~anim9rs~, ly carried, t hat the Boaz:d of Co~ty and Distrl ct Road Indebtedness be requested .to forwardt~ ~Je , County Treasurer of Calhoun CoUnty, Texas, the balance of $10;12.3;35, 'which is 'nGl available 'to' said County and to advise said Board' that the Commissioners Court of Calhoun County proposes to I . use these funds for the Repair and Maintenance of County County Cl~rk b~ and he, is hereby ordered end directed to It is so ordered. Lateral Roads in said County, and that ire forward a copy of this order to said Board. Howard G. Hartzog, County Judge,. --- -------- 1 , DRAINAGE DISTRICT NO. 10 . On this the 1st day of September, 1954, at a Special Term of the Commissioners' Court of . . . . , Calhoun County, Texas, with all members of the Court being present, on' motion made by Clarence . ' Barton, seconded by Frank Wedig and unanimously carried the recommendation of the representation I of Drainage District No. 10 was approved: To the Honorable Commissioner's Court, Calhoun County, Texas We, the undersigned freehold land owners of land located wi thin the boundaried of -dalhoun County Drainage District Number 10, recommend the following three men to serve as Drainage Commissioners of Drainage District No. 10; Namely: J. C. Williams, J. S. Sikes, William H. Hahn. These men know the entire District and all the needs of the people therein and we recommend them to you without reservation. ~. C. Wood, Ralph Bales, J. s. Sikes; vdlliam H. Hahn; \Williams. - - - - _...-- Signed: Andrew:'J: Hahn, , C. R. Sikes, Jr. C1arion,C. Sneed;J. C. . ~ ". 41 ""ll APPOINTMENT OF JOINT CITY-COUNTY HEALTH BOARD . THE STATE OF TEXAS COUNTY OF CALHOUN I I I MINWl'ES OF THE BOARD OF ALDERMEN OF THE CITY OF PORT LA VACA, TEXAS. I On this the 1st day or September, A.D. 1954, came on to be considered the Appointment or a Joint City-County Health Board and to provide funds in support thereof, thereupon on motion made by Alderman Westerholm, seconded by Alderman McSpadden and adopted by the ~ollowing vote Alder- men Westerholm, Marshall, Mcspadden and Canion were recorded as voting "AYE", and None were . . r,ecorded as voting "NO", theaattached resolution was declared adopted by the_City or Port Lavacre.. 1 THE STATE OF TEXAS COUNTY OF CALHOUN I I I A. B. Tippit Mayor Elizabeth"T. Campbell City ,Secretary MINUTES OF THE COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS. (SEAL) City or Port' Lavaca Calhoun County, Texas. On this the 1st day of S~ptember, A.D. 1954, came on to be considered tbe Appointment of a , Joint City-County Health Board and the amendment or the County budget to provide funds in support . thereof, thereupon on motion made by Commissioner Barton, seconded by Commissioner Wedig and _adopted by the 'following vote Wedig, Kemper, Grirfith and Barton were recorded as voting "AYE" and NONE were recorded as voting "NO". ~he attached resolution was declared adopted by the , Commissioners' Court of Calhoun County, Texas. How,ard G., Hartzog County Judge Maurice G. Wood County Clerk BE IT JOINTLY RESOLVED by the members or the Board or Aldermen or the City of Port Lavaca, ,I Texas, and the County COlllIIli.ssioners' Court of Calhoun County, Texas, that a City-county Board of Health Commissioners be and :is hereby appointed under the authority of Article 4447a V.C.S.T. \ and that the same be and is hereby constituted by the City Health Officer of the City of p~t Lavaca, Tex., the County Health Officer of Calhoun County, Texas, and such other health officers of any Calhoun County municipality hereafter participating, as hereafter provided. The Conmdssioners' Court of Calhoun County on its part hereby agrees to provide and deposit . . . .. tOi'a joint account to be known as the City-County Health Account in the First State Bank of Port Lavaca, Texas, the sum of $450.00 ~ach month, as heretofore authorized by the budget of Calhoun , n County, Texas, subject to distribution as herearter provided. The Board of Aldermen of the City of Port Lavaca on its part hereby agrees to provide and deposit to a joint account to be known as the City-CountyHea1th Account in the First State BaDk -or Port Lavaca, Texas, the sum of $450.00 each month, as heretofore authorized by the budget of the City of Port Lavaca, Texas, subject to distribution as hereafter provided. That as soon aa convenient after the adoption of this joint resolution the members of the City-County Board of Health shall meet m d shall elect one member as Chairman and one member as Secretary or such Board. Such Board shall be charged with the duties and responsibilities as provided by law and are hereby empowered to select and employ a qualified sanitary Engineer, who , shall serve at their will and under their direction, and to pay such sanitary Engineer a monthly salary and travel expenses in such an amount a~ may be fixed by a majority of such board. Provided further that said Board is authorized to purchase and to pay for such necessary supplies and equipment as may be deemed necessary to carry out a Sanitary Program in Calhoun County and to prOVide for seasonal help or assistance to said Sanitary .Engineer provided that the total expenditures herein authorized for salary; supplies, equipment or help sheJ.1 not exceed, the budge~ary limits herein provided by said Joint funds. Provided i'urther that all'disbursals or expenditures her'eby authorized shall be m~de upon special warrants to be ,"provided for by said Board out of the funds hereby alloted ,and that all . I I . , ..' ..,j ... ,... 48 such warrants shall be executed by the Chairman of said boardandcount~rsigned by the Secretary and all such warrants except for salary shall be supported by vouchers or itemized, statements 'of accounts and such board shall make quarterly reports of all of its expenditures to the City of Port Lavaca errd to the Commissioners' Court of Calhoun County or any other participating municipality and any special reports desired by them or' by the Board in cooperation and the carrying out of sa!l.d Program of Sanitation. Provided further that all permanent employees of said Board shall be required to give bond payable to the,City-County Board of Health in the sum of Five Thousand ($5,000.00) Dollars, con- ..,. ,', ditioned upon the performance of their duti:es'as Sanitary Engineer, the premium of such bond to paid out of the funds herein provided. PrOVided further that both the County Auditor and the City Auditor or ,the auditor of any par~- icipating municipality shall at all times have access to the records kept by said Board and all . original vouchers and supporting statements shall be deposited at the end of each year in the off1ice of the County Clerk of Calhoun County, Texas for permanent records. Provided further that in the event that this program shall hereafter be abandoned by the action or the failure of the parties to'continue and p~ such monthly allotments, then in th~ event the Board shall cease to exist and all property or equipment theretofore acquired shall be- come the joint property of the participating agencies in proportion to the amounts furnished by each as above provided. , , SHERIFF - DEPUTY Charles POl-lelL - - - - - - - -- - - - - - - On this the 1st day of September, 1954-, at a Special Term of the Commissioners' Court of Cal- ~oun County, Texas, with all members of the Court being present, on motion made by Frank Kemper, seconded by Frank Wedig, and adopted by the rollowing vote: Kemper, Wedig, Judge Hartzog voting , "AYE" and Grif'fith and Barton voting "NO", and the deputation of Charles Powell, a deputy Sheriffl ';as ~rdered approved and his salary at 'the rate of $4-0.00 per month ,and $35.00 per month travel 'expense fro~ the time of his appointment by the Sheriff in April, 1954, approved on condition of' I . [he filing of a;;etter of request Sign:d_b~ ~e:n~: :~_F~s:e:, _s:e:iff of ,calhou~ County, Texas. unGEr HEARING At a special term of the Commissioner'S Court in and for Calhoun County, Texas, held ~n the regular meeting place of sai~ Court in the CoUnty Courthouse in the City of Port Lavaca, at 2:00 I p.m. on the 1st day of September, 1954, with ~ounty Judge Hartzog presiding err d Commissioners \'led g, !.'. I ., I Kemper, Griffith and Barton present and the Special County Auditor and the County Clerk in att~n~ hance, there having come on for hearing the 'PUbli~ hearin~ on the County Budget f~r ~he calendar I ~ear 1955, and, it appearing to the Court that notice of said pUblic hearing had,been pUblished I !in a newspaper of countywide circulation as required by law, errd, it appearing to tJ::l.e,Court,that III who desired to , lelves on same, it I ' ~he calendar; year be heard on said County Budget had been given Eu11 op~ortunity to expres~ them~ 'was moved by Commissioner Kemper that the budget for Calhoun County, Texall. tor , , " . ~ 1955 as prepared by the County Judge and the Special County Auditor and as pre. budget , sented to the Court and those in attendance at the publis!hearing be, and the same is hereby, I . adopted as the budget for Calhoun County, Texas, for'the calendar year January 1st through December 61st, 1955. . '. Motion seconded by Commissioner Barton. , Question. Commissione~ Wedig voted Aye. Commissioner Kemper voted Aye. COIlllJlissioner Griffith voted Aye. kTTEST: Maurice G., \01000 pounty C1er~'and Ex-Officio Clerk of the Commissioners' Court. Calhoun County-. Texas. C 0IlllJli s si oner Bart ori voted' aye. Mot'! on carried. It is so ordered. Ill/ Howard G. Hartzog County Judge in and Eor Calhoun County, ~exas. , l ---... ----- 00-' ~ ~ etJ ~" . I I .- 'e " " I " . I. I . ... r- 49 ""Il . EX PARTE: I, I APPLICATION OF EULALIA MARTINEZ ' J FOR, EASEMENT UNDER AND ACROSS PUBLIC ROAD I IN THE COMNISSIONEffiCOURT OF CALHOUN COlrnTY, TEXAS - . '- TO SAID HONORABLE 00 URT AND THE MEMBERS THEREOF: Now comes Eulalia Martinez, a widow and a land owner and citizen of Calhoun County, Texas, and presents this her application to this Honorable Court for authority; for herself, her execu- I, tors and assigns to construct, reconstruct, repair, maintain~ and operate a gas pipe line under, '. - through and across the fol~owing certain pUblic road of Calhoun CoUnty, Texas; to~w~t from an existing gas pipe line buried along the South side of a pUblic road known as the Clark Station Road locat'ed 'between State Highway No. 35 and its intersection witp. Federal Highway, No. 87 at Clark Station in Calhoun County, Texas, said line to cross from the existing pipe line to the North side of said road and entering upon the 1m. ds of applicant in the F. Sanchez League in Calhoun County, The present existing purpose being to furnish gas to the home now occupied by Elias Martinez and formerly known as the E. B.' Thompson Home. Applicant represents to the Court in support of her application that due care will be exer- I~ ., - cised in the construction of said pipe line so that it will not impede traffic or the maintenance . ' of said roadway, and that such road will be promptly restored to its former condition of useful- .' , ness. And that the line conveying the'gas will be incased within a larger pipe and th~t the pipe will be buried to the approximate distance of three feet beneath ,the ground. Applicant further agrees that if at any time it is deemed necessary by the Court th~t the . j . said pipe line be removed that the applicant will pay for the removal of the line. WHEREFORE, premises considered, applicant prays and petitions this Honorable Court to grant , to applicant the right to construct, reconstruct, repair maintain, and operate a gas pipeline 1 . under, through and across the. "public road hereinabove deisgnated and described and that this Honorable Court make its order and cause the same to be entered in the minutes of this'Ccurt approving this application and authorizing-the ,execution--and deli very of a suitable easement and right- of-way grant ,from and on behalf of Calhoun County and this Honorable Court to appli- cant, securing to applicant in recordable form' the easement and right-of-way ahd the rights and prtvi+eges here now prayed for. ,Applicant further petitions this Court ro made and enter such ' - other and further orders and to executed and deliver such other and further grants in behalf of -, applicants os to said Court may seem proper. . Eulalia Martinez By: Elias R. Martinez Elias Martinez, Agent EX PARTE: APPLICATION OF EULALIA MARTINEZ FOR EASEMENT UNDER AND ACROSS PUBLIC.ROAD ..+ ) G ,) IN THE COMMISSIONER COURT ,. OF CALHOUN COUNTY, TEXAS ,I . TO SAID HONORABLE COURT'AND THE'MEMBERS THEREOF: , . - - .. .. - . h BE IT REMENBERED that on this the 1st day of September, A.D. 1954, came on to be heard and . . . . -. considered by the COllllllissioners Court the application on this day filed with the Clerk of this Court' by Eulalia Nartinez for an'easement and right-of-Way to construct, reconstruct, repair, 1 - , maintain, and operate a gas pipe line under, through and across certain pUblic road of Calhoun County, Texas, described in said application and within the limits described in said application, whereupon this Court, being in regular session, proce~dedto consider said application and to hear evidence in support ther~of. No objection was made to said application and no protest was ~ade against the granting thereof ana phe'Court having duly cansidered the same and its'merits and the evidence in support thereof is of the opinion and finds that said application should be granted, and,that'Howard,G. Hartzog, County Judge 6f Calhoun'County, and the presiding officer of this court should be, duly authorized,by order and judgment of this court to execute and deliv- er to the said Eulalia Martinez the easement and right-of-way described in said application. . / ... ...,j "... 50 00'" ~ ~ ~ N . IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, by the Court that~ALIA MARTI~ 'is 'hereb~ granted authority for herself, ,her executors and assigns, to construct, reconstruct, repair, main- tain, and operate a gas pipe line under, through and across the following certain public road iJ . Calhoun County, Texas, to-wit: from an existing gas pipe line buried along the South side of a public road known as the Clark station Road lOCated between State Highway No. 35 and its inter- section woth Federal Highway No. 87 at Clark Station in Calhoun County, Texas, said line to cross - from the existing pipe line to the North side of said road and entering upon the lands of appli- cant in the F. Sanchez League in Calhoun County. The present existing purpose being to furnish I - gas to the home now occupied by Eiias Martinez and formerly known as the E. B. Thompson Home. And that said pipe line shall be so. cons:tructed that it will not impede traf'f"ic or the main- tenance of said roadway, and that such road will be promptly restored to its former condition of usefulness, And that the line conveying the gas will be incased within a larger pip~ and 1 that the pipe will be buried to the appraximate distance of" three feet beneath the ground. And . that should it be deemed necessary by the Court thatsa,,2d line be removed that the applicant, her executors or assigns will pay for the removal of the line. It is further ORDERED, ADJUDGED, AND DECREED by the Court that Howard' G. Hartzog, County " , Judge, of" Calhoun County, Texas, shall, and is hereby directed, on behalf of this Court to execu e . and deliver to Eulalia Martinez an easement and right-of-way in recordable form showning the . grant by this Court of said easement and right-of-way for the purposes and on the purposes above mentioned and subject to the conditions above set forth., unanimousiy past and adopted and entered in the Minutes of this Court as of date of Septemb r 1st, A.D. 1954. ATTiST: /s/ HOWARD G. HARTZOG H?l-!~rd G. Hlilrt~gg, County Judge Calhoun County, TexlilS I. MAURICE G. WOOD Maurice G. Wood, County Clerk of Calhoun County, Texas. - - - - - - - - - - - CALHOUN COUNTY }mMORIAL HOSPITAL , On this the 1st day of September, 1954, at a Special Term of the Commissioners' Court of Ca _ houn County, Texas, with all members of the Court being present, Mr. Jordan C. Ault and Mr. T. GJ Harris appeared before the Court to report on progress of repairs being made to Calhoun Couhty Memorial Hospital. On motion made by ,Clarence Barton, seconded by Frank Kemper, 'and unanimously carried, the County Judge was instructed to approve payment to Morgan Company when approved by Mr. Ault, all'balances due except ~wenty per cent (20%) of" contract to'be retained for final '. ~ approval. - - - - - - - - - - - - - - - - - - - - - - - - - - - - ... - - ... - - - - - ... ... - ... - - - - - - - - ... - ... ... ... ... - - - ... - ... " REGULAR SEPTEMBER TERM ,~ SEPTEMBER 13th & 14th, 1954 ' ~ II I comITY OF CALHO(iN I I I , THE STA'l'E OF TEXAS - BE IT REMEMBERED, that on this the 13th ,and 14th days of September, 1954, there was begun and holdim a,tH the Courthouse ,in the City or Port Lavaca, said County and st8;te,' a Regular Term of" the Commissioners' Court within and for said County and state, there were present on thi"s " I day the following members of the Court, to-wit: Howard G. Hartzog, County Judge Frank E. Wedig, Commissioner Pl'. 1 -Mro r'ice G. Wood," County Clerk L. B. Griffith, Commissioner,Pr. 3 R. F. Kemper, Commissioner Pl'. 2 . Clarence Barton, Commissioner Pro 4 WHEREUPON THE FOLLOi-JIim ,ORDERS WERE I<l1\DE AND ENTERED BY SAID COURT to':"wit: .' - ...... -- - - - - - - ... -- . l .... r" "'""'IIIl 51, TREASURER'S REPORT FOR AUGUST APPROVED, . - . . . . , , On this the 13th day of: September, .1954" at a Regular Term of: the Commissioners' court 01' Calhoun County, Texas, with all members 01' the Court being present, Miss Mary Stephens, County Treasurer) presented her report for ,the month or August, and it having been'read in open Court I' and the Court having duly considered the same together with the exhibits accompanying same, and having ,the balances -compared in the various accounts with those reported by the County Depository! and finding said Report to be correct, on motion duly made, seconded and carried, the,Comty , Treasurer's Report, for the'month 01' August, '1954, be In d the same is ordered, approved. ' . . TAX ASSESSOR-OOLLECTOR REPORT FOR AUGUST APPROVED, At a Regular' 'r~~~ oi" ih~' CODimissioner's' 'Court or Calhoun county, Texas, held on the 13th I , " , day 01' september, 1954, in the. City 01' Port Lavaca,ali members of the Court being present' on " that day, Mrs. C. B. Guidry, Deputy, presented the Tax Assessor-Collectors Report for,the month of August, together ~ith the tax receipts and other receipts accompanying same, and finding said report to be correct ana in due form. 'rhereupon the. motion being duly made, seconded and unani- mously carried, it is ordered that said report is approved. . - - - - - - ...,; - - - - .- - FUNDS, TRANSFER On this the 13th day of: September, 1954, at a Regular Term of the Commissioners' Court 01' Calhoun County, Texas, with all members of the Court being present, on motion made by Clarence Barton, seconded by Frank Wedig, and unanimously carried, the County Treasurer was ordered to . , , " ~J0.< borrow from the Road Maintenance 4 Fund, $12,000.00 to be placed in the Road Dist ~No. 1 Fund, - this amount to be replaced on the sale of $300,000.00 Road Bonds. It is so ordered. I ELECTIONS - FAY OF OFFICERS On this the'l4th day of: September, 1954, at a Regular Term of: the Commissioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion made by C1~ence Barton, seconded by Frank Wedig, and unanimously passed, the pay of election judges and clerks , , was set at $1.00 per hour from 8 to 7 and $1.00 per hour thereafter for overtime. And t hat the usual $2.00 for the return of the voting boxes applies. .0 -------------- ELECTION - LOCAL OPTION On this the 14th day of september, 1954, at a Regular Term of: the Commissioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion made by Frank Wedig and seconded by Louie Griffith, the Court after due consideration ~, of the opinion of the ,I, , " Attorney General 01' Texas, &fl& finds that the petition does not conform to law and is hereby Idenied. Letter,frOl!lthe:'Attorney General of Texas, Austin 11, Texas, John Ben Shepperd, Attorn~y General, August 16, 1954 ,I Ron. R. A. Barton, County Attorney I Calhoun County, Port Lavaca, Texas I ' . Dear Sir: Letter Opinion }lli-14.9 Re: Local Option Election Petition, Justice Precinct No.4, Calhoun County, Texas This will acknowledge receipt of your letter of August 9, 1954, in which you ask advice on behalf of the Commissioners Court ,of Calhoun County as to the sufficiency, of the above mentioned !Petition. . According to the certified copy 01' the first page of said Petition, the issues set out read: "For Prohibiting the sale of all alcoholic ,beverages" and "Against prohibiting the sale of all alcoholic beverages." You ask the following three questions" in regard to such Petition: ... ..011 r 52 oo""'ll ~ ~ to N 1. Whether or not an election called upon this petition would be a l~gal election. 2. Whether or not the Court ,should submit the,same as is. . 3. Whether or not the Court ,should call for a new petition in the language ot: the statutes. Prior to the amendment of, the. TexaS,Llquor Control Act by the Fifty-third Legislature, the Petition would have been sufficient on either ot: two grounds: the very language used in this Petition; (2) and prior to the {l} 1953 The law prior to 1953 spe,clf'ied ~endment, Sec. 32 of Art~ 66~ Penal Code, specifically permitted the Commissioners Court,to order such an election on its own motion. The latitude thus allOWed under suchprior law is well illustrated in, the case of Hutson v. Smith,Et Al., 191 S.W.2d 779 (Gal. C.C.A~ 1945). II . However, you will note in the 1953 amen~ent to the Texas Liquo,r Contro,l Act, Sec. 32 of Ar~. , .. ", II 6bb was so alllended as to eliminate the right of the Commissioners Court to order such an,;election on its own motion and now specifically requires that the election be ordered upon proper petitio~ 'I and further that the local option election, be held up.on the ~ssue set out, in.such petition. The same 1953 amendment changed Sec. 40 of Art. bbb of the Penal Code in specifying the particular language in which the issues shall be stated under particular situations and completely eliminat d the use of the wording set out in the petition involved ,in this inquiry. This section specifies 1 the exact wording the Commissioners ,Courtshall,use in submitting ,the issue to the votm and 1010 . ~~--~ . , repeats the necessity ,of the Commissioners Court acting only after the petition has been f'iled. , , Assuming that the sael of all alcoholic beverages has heretofore been legal in the above Precinc , the proper wording of the issues would be: " "For the legal sale of all alcoholic beverages" and _ "Against 1;;he legal sale of all alcoholic b~verages" . You wi~l note that such Sec. 40 as amend~d provides a variety of issue wording to suit various pre-existing situations in the area involved. In accordance with the above, it is the opinion of this off'ice that the answer to your firs question is that the election should not be called \.!pon thi,s, Petition in th~~ ~~e was ~~t a ~~ol per Peiitionunder the amended act and would not be basis f'or a legal election. The answer to 1 your second question is: the Court shou=!-d not submit the SHme al! is; ,and the answer to your thifd question is: t~at the Court should call for a new p.etition,with the issues stated,in the 'languale , which the amended act requires the commissioners Court to use in ordering the election., ;' Yours very truly, JOHN BEN SHEPPERD, Attorney General of Texas . HW/rt ,By HORACE WIMBERLY Horace Wimberly, Assistant , . . EQUIP~~ - ROAD DIST. NO.1 ------ At a Regular Term of the CommissionersJ. Court in and for Calhoun Coun,ty, Texas, held in the , , . " regular meeting place of said Court in the CoUnty Courthouse in the City'ot: Port Lavaca, ~n the I: , ' 14th day of September, 1954, with County Judge Hartzog presiding and Commissioners Wedig, Kemper; . . ~ . Griffith and Barton present and the County Clerk in attendance, there having come on for hearing coupe for ~se in Road District N~. 1, it was'moved by Com- the matter of purChasing a business , missioner bids on a Kemper that whereas inquiry to the State Board of Contrql indicates that . .. _. ..,.___ _/'~"'~/ .r>~ statewide basis have established that lowest price' of standard new model competitive I~ business coup s (suitable for conversion to small bed pickup models) at $1,300.00, but that such vehicles will, be available only after 30 to 45 days and that traveling expense to and from the site of deliver , II;. must be added to the bas~ price, and that whereas a similar vehicle is available immediately at an agency located in the county at a price of $1,386.16, that the quotation offered by the Terry Bunch Motor Company'be accepted anq that purchase of a 1954 Ford two door business c,oupe, cOplple e . .. , with standary equipment, serviced for delivery and covered by manufacturer's certificates, be [ ...oIIl r- 53 '""'Ill I aut1'rOrfzoo from Roaa lJistr1Ct NO. One Avai"1llbe1~<lI'O-rl[se-a-s arrra:il1t'enan-c"e,eh:l'cL"e'l1 su'Ch <, , . district during the road construction period. Motion seconded by Commissioner Griffith. Question. Motion carried. It is so crdered. ATTEST: MAURICE G. WOOD County Clerk and Ex-01'1'icio Clerk of the Commissioners' court" Calhouri County, 'rexas,' , , Isl HOHARD G. HARTZOG County, Judge, Calhoun County, 'l'exas I JURY-OF-VIEW EXTENSION, OF GEORGE STREET I On this the 14th day of September, 1954, at a Regular Term of the Commissioners' Court ~ Calhoun County, Texas, with all members of the Court being present,. Mr. R. A. Barton, coUnty Attorney, presented, a preliminary report approved by the jury of view on September 11th, 1954, and after due consideration the Commissioners" Court of Calhoun County, 'on motion duly made, seconded'and unanimousIy passed, ordered the same approved and filed with the County Clerk. It is so ordered. -" - - ~----- MINUTES OF ACCOUNTS ALLOWED . At a regular term of the Commissioners' Court of Calhoun County, Texas, with all members of the Court being present, on this the 14th day of September., 1954, the minutes of accounts a110we was approved for the months of March through August, 1954. It was on motion duly made, seoonded and unanimously passed that the above was duly approved. - - - - - - - - - - J I THE STATE OF TEXAS ) ) COUNry OF CALHOUN ) , At a regular term of the Comrdssioners' Court in and for Calhoun County, Texas, held in the regular meeting place of' said Court in the CoUnty Courthouse in the City of Port Lavaca, Texas, on the 13 day of september, 1954, with County Judge Hartzog presiding and CommissIoners Wedig, Kemper, Griffith and Barton present,' m d the County hearing the matter of' levying and assessing' the ad Clerk in attendm ce, there having come on 1'00' valorem tax for Calhoun County, Texas, in coJ- . nection with the 1954 tax roll, and, it appearing to,the Court that the County Budget for Cal- houn County, Texas, for the calendar ~ea~ 1955 was officiail~ adopted by this Court at a term thereof held on the 1st day of September,. 1954, it was moved by Commissioner Wedig that the . fo119wing rates of tax be, and they are hereby, levied and assessed on each One Hundred Dollars . '($100.00) of taxable property in Calhoun' County, Texas, as same appears,"on the 1954 tax roll, "these tax rates having ,been included in the 1955 County Budget heretofore adopted by thi,s Court: I Jury Fund - Class One Road and Bridge Fund - Class Two Road and Bridge Special Fund :jp -0- .l? ' General Fund - Class Three Four .25 .25 I Permanent Improvement Fund - P.r. Operating Hospital Sinking Class .05 .20 " ~ (Plus Special R & B tax of 15~'in _Precincts 1 and 4 only) Total County wide Tax Rate Poll Tax $ $ .65 {~(see {~ above) .25 occupation, Beer, Beer and Wine and Package Store Licenses are assessed at one-half (1/2) .' the license assessed and charged"by the State of Texas, and the following rates of tax be, and they are hereby, levied and assessed against each $100.00 of taxable proPerty in each of said ;) . Road Districts as the same appears on the 1954 tax roll: , ~ ~ ",..- 54 00" ~~ ~ tx::J !.'.i Road District No. 1 Sinking Road District No. $ .2(> . , Road District No. Road District No. and the following rates of tax be, and they are hereby, levied ald assessed against each ~lOO.OO of taxable property in each of said school districts 'as same appears on the 1954 tax roll: School District Calhoun county Independent' $1.50 I Rat e of Tax and that the following rates of tax be, and they are hereby, levied and assessed against each $100.00 of taxable ~rop'er~y in each of said Drainage Districts as same appears on the 1954 tax rll: DISTRICT Rate of Tax Calhoun County Drainage Dist. No. 10 Calhoun county Drainage District No~ b Calhoun County Drainage District No~ 7 Calhoun County Drai~age District No. 8 $1.50~~l 1. 75, /,,,,J- ':"D ",)'1 I .25 .50 ' Motion seconded by Commissioner Barto~. Question. Commissioner Wedig voted "Aye". , Commissioner Kemper ~oted "Aye". Commissioner Griffith voted "Ayell. Commissioner Barton voted . , "Aye". Motion carried. It is so ordered. ( ATTEST: MAURICE G. l-IOOD County Clerk and Ex-Officio Clerk of the Commissioners' Court.. Calhoun County, Texas /s/ HOWARD G. HJRTZOG County Judge;, in and i'or Calhoun,County, Texas '" 1 I f. S'L'ATEME'N'f OF 'I'AXABLE VALUES iRoad District No.1) ~HE ST'ATE OF 'fEXAS I I ,COUNTY OF CALHOUN I , ~ I ,-i- I, the undersigned authority, Tax ,Assessor, Collector of Calhoun County, Texas, DO HEREBY CERTIFY that the assessed value of property for the purpose of taxation in Road District No.1, of Calhoun County, Texas, as shown by the tax rolls of said County for the year 1954, which hav( ,been duly approved and which is the last official assessment of said County, is as follows: ~ , PERSONAL. PROPERTY Est. 'ToTAL Actual $ 8,591.484.00 4,454,000.00 $13,045,4~4.00 .. REAL PROPERTY Est. WITNESS MY HAND and seal of office, this t.he 13th day of Septamber, 1954. Leonard M. Fisher TAX ASSESSOR-COLLECTOR, CALHOUN COUNTY, TEXAS. (SEAL) By Rose A. SUllivan, Deputy. I STATEMENT OF TAXABLE VALUES (Calhoun County) THE STATE OF TEXAS 'I, I COUNTY OF CALHOUN 0 If" I, the undersigned authority~ Tax Assessor-Collector for Calhoun County, Texas, DO HEREBY I CERTIFY that the assessed valuation of property of said County for the year 1954, as shown . annual assessment' of property for said year, and made fOl' State and County purposes, is\as by tli follows: . REAL PROPERTY . . . . PERSONAL PROPERTY . . . . . . .$19,452,305 . . .$13,092,597 .32.544,902 . . . . . . , . TOTAL . . . WITNESS MY HAND and seal of office, this (SEAL) , ' the 13th day of September, 1954. Leonard M. Fisher TAX ASSESSOR-GOLLECTOR. CALHOUN COUNTY., TEXAS. By Mrs. Rose A. SUllivan, Deputy. ~ ....... ,.... 'c" 55' ..... -.-.- ELECT ION RETURNS COUNTY OF CALHOUN I I I CALHOUN COUNTY DRAINAGE DISTRICT NO. 10 . THE STATE OF TEXAS TO THE HONORABLE COMNISSIONERS I COURT OF CALHOUN COUNTY, TEXAS: WE, THE UNDERSIGNED OFFICERS. holding an election at the residence of C. C.Sneed, in Cal- I' houn County Drainage District Number 10. on the 21st day of August, I or not said district shall be created; whether or not bO~dS of s1id the total principal sum of ~112,OOO; and whether or not ~axes shall 1954, to determine whether district shall be issued in be annually levied and cause to be collected in amounts sufficient to pay the interest on said bonds as it falls due and to redeem them at maturity, the aforesaid bonds to be issued for the purpose ofthe.proposed improv ments and to defray all necessary actual and incidental expenses in connection therewith; DO I HEREBY CERTIFY that at said election there were cast 20 votes, of wh~ch numbere there were cas~- IIFOR THE DRAINAGE DISTRICT AND 'rIJE ISSUANCE OF BONDS 1N D LEVY OF TAXES IN PAYMENT THEREFOR" - - - - - - - - - - - - - - - - - - - - - - - - - - - -20 votes; , , "AGAINST THE DRAINAGE DIS'fRICT AND THE ISSUANCE OF BONDS AND LEVY OF TAXES IN ,PAYJlmNT THEREFOR" - - - - - - - - - - - - - - - - - - - - - - - - - - - - None votes; Majority IIFOR (AGAINS'r) 'rHE DRAINAGE DISTRICT AND THE ISSUANCE OF BONDS AND LEVY OF TAXES IN PAYIfu"'NT THEREFOR" - - - - - - - - - - - - - - - - - - - 20 votes. " . f WE FURTHER CERTIFY that every person who offered to vote in said election took the follow- ing oath before the presiding judge: "I do solemnly swear that I am a qualified voter of Ca1hou County, and that I am a resident property taxpayer of the proposed district voted on at this election, and that I have not voted before at this election." \ I WE HEREWITH ENCLOSE poll list and tally sheet of said election. WITNESS OUR HANDS, this the 21st day of August, 1954. C. C. Sneed Presiding Judge iA:.... : R. E. Smart Judge ( ,. '- H. C. Duhlap Clerk. ,.,. " ~ " OFFICIAL OATH THE STATE OF TEXAS I I COUNTY OF CALHOUN I ~ ." I,' J. S. Sikes do solemnly swear that I will faithfully execute the duties of the office of Drainage Commissioner of Calhoun County' Drainage District Number 10, and will to the best of my ability preserve, protect and defend the Constitution and laws of the United states and of this state; and I further solemnly swear that I will faithfully discharge the duties of my office wit- out favor or partiality, and render a true account of my doings to the Commissioners' Court when- ever requested to do s~; that I have not directly nor indirectly paid, offered or promised to p~y, contributed, nor promised to contribute any money, or valuable things, or promised any pub-- lic office or employment as a reward to secure my appointment; and that I will not be directly c= in ~irectlY interested in any contract with or c1ai~ against the said Calhoun County Drainage District Number 10, So help me God. 'I ~I , " " SWORN TO AIID SUBSCRIBED before me the undersigned authority, this the 23 day of september, J. S. Sikes 1954. (NOTARY SEAL) Opal M. Hayes (OPAL M. HAYES) Notary Public in and for Calhoun County,' I 'f E X A S. . OFFICIAL OATH THE STA'rE OF TEXAS I I II COUNTY OF CAJ;..HOUlf " Il... r56 oo""lllj ~ ~ ~.~ g;;i r.....~ I, William H. Hahn do solemnly swear that I will faithfully execute the duties of the offiae of Drainage Commissioner of Calhoun County Drainage District Number 10, and will to the best of y ability preserve, protect and defend the Constitution and laws of the United states and of this state; and I further solemnly swear that I will faithfully discharge the duties of my office without favor or,pa~tiality, and render a true account of my dqings to the Commissioners' Court . whenever requested to do so; that I have not directly nor indirectly paid, offered or promised t pay, contributed, nor promised to contribute any money, or.valuab1e thing, or promised any PUb1i1 office or employment as a reqard to secure my appointment; and that I will not be directly or i directly interested in any contract with or claim against the said Calhoun ~ounty Drainage Dis- trict Number 10. So help me God. ',I' , , William H. Hahn SWORN TO AND SUBSCRIBED before me the undersigned authority, this the 23 day of September, ('Notary Seal) Opal M. Hayes (OPAL M. HAYES) Notary Public in. and for Calhoun County!, Texas. I 1954. OFFIC IAL OATH THE.STATE OF TEXAS COUNTY OF CAIJIOUN I I I . I, Joseph C. Williams do solemnly swear that I will faithfully execute the duties of the offfJice of Drainage Commissioner of Calhoun ,County Drainage Dis trict Number 10, and ,will to the best of ability preserve, protect and defend,the Constitution and laws of the United States and of this state; and I further solemnly swear that I will faithfully discharge the duties of my office without favor or partiality, and rende~ a true account of my doings to the Commissioners' Court whenever requested to do sp; that I, have I).ot directly nor indirectly paid, offered or promised to pay, contributed, nor promised to contribute any money, or valuable thing" or promised any public office or emp10ynwnt as a re~ard'to'secure my appointment; and that I will not be direct1 or indirectly interested in any contrac~ w~th or claim against the said Calhoun County Drainage 1 District Number 10. So help me God. I 1954-. Joseph C. Williams SWORN TO AND SUBSCRIBED before me the undersigned authority, this the 23 day of september, Opal M. Hayes (OPAL M. HAYES) Notary Public in, and for Calhoun 'l'exas County, (Notary Seal) . , COUNTY CLERK'S CERTIFICATE OF FILING THE STATE OF TEXAS I I COUNTY OF CALHOUN 1 I, the undersigned, County Clerk of calhoun 'County, Texas, DO HEREBY CER'l'IFY that the above and foregoing is a true and correct copy'of the official oaths of the following Drainage Commis- sioners of Calhoun coUnty Drainage District Number ,10: Joseph C. Williams, William H. Hahn'- J. 3. Sikes, as filed for record in nlY office and to be preserved as a part of the district records. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 23 day of September, 1954. MAURICE' G. WOOD County Clerk, calhoun County, Texas. ~ I' :SEAL) 1_', -- f- 4 FFICIAL BOND BOND NO. NOW ALL M8N BY THESE.PRESE-'NTS: That J. S. Sikes as Prihcipal and Lawyers surety Corporation s surety are hereby held and firmly bound to the County Judge of Calhoun County, Texas, for the se and benefit of Calhoun County Drainage District Number 10, can~tionedupon the faithful per.- ormance of the duties of J. S. Sikes as Drainage Commissioner for Calhoun County Drainage Dis- . rict Number 10 , QLLARS (,$J"""QO_Q>,,=t~t~Nme.ntJihe~e-"..f",--lie.lL.and ( .... r- 57";''''''IIl 1 -_t.;t:-~~ __ ~ ___ _ __ _ truly to be made we bind ourselves, our heirs, executors and administrators, jointly and severa~L ly. I SIGNED, SEALED AND DATED, this the 23 day of September, A.D. Nineteen Hundred and FiTty-four, THE <D NDITION of the aforegoing obligation is such, that whereas, the said Principal was II appointed Commissioner oT Calhoun County Drainage District Number 10 to hold office for two years and until his successor has qualified unless sooner removed by a majority vote of the Conrnussion~ erst Court oT Calhoun County for malfeasance in oTfice. NOW,THEREFORE, if the said Principal shall well and faithfully perform all and singular the duties incumbent upon him by reason of' his appointment as said Drainage Commissioner of Calhoun County Drainage District Number 10, and honestly account for all moneys coming into his hands as said Commissioner, according to law, then this obligation shall be null ,and void; it is o~he,~ wise to be and remain in full force and e Tfect. . IN TESTIMONY WHEREOF, the Principal has caused this instrument of writing to Lavaca, Texas, and its corporate seal to has hereunto set his hand and seal and the said Surety be signed by its duly authorized representative at Port be hereunto afTixed the day and year first above writte~ J. S. Sikes, (Princ ipal) LAWYERS SURErY CORPORATION BY R. A~ Barton Deputy Attorney-in-Fact 1 (SEAL) LAWYERS SURE'rY CORPORATION FILED SEP 23, 1954_ Maurice G. Wood, County Clerk, Calhoun County, Texas ---...-- . OFFICIAL BOND BOND NO. :KNOW ALL MEN BY THESE PRESENTS: That William H. Hahn as Principal and Lawyers Surety Corp- oration as Surety are hereby held and firmly bound to the"County Judge of Calhoun County, Texas'll for the use and benefit of Calhoun County Drainage District Number 10, conditioned upon the faithful performm ce of the duties oT William H. Hahn as Drainage Commissioner for Calhoun Countty Drainage District Number 10, in the sum of ONE 'THOUSAND DOLLARS ($1,000), to the ps;yment whereofl~ well and truly to be made we bind ourselves, our heirs, executors and administrators, jointly ana severally. SIGNED, SEALED AND DATED, this the 23 day of September, A.D. Nineteen Hundred and Fifty- Tour.' .' I . THE CONDITION of the aforegoing obligation is such, that whereas,t he said Princip,al was' appointed Commissioner of Calhoun County Drainage District Number 10 to hold office for two years ~d until his successor has qualified unless sooner remov,ea'bY a majority vote of the COmmission~1 erst Court of calhoun County for ma~feasance in ofTice. I NOW, THEREFORE. if the said Principal shall well an~~~aithfully perform all and singular the duties incumbent upon him by reason of his appointment as said Drainage Commissioner of Calhoun II County Drainage District Number 10, and honestly account fer all moneys coming into his hands as said Commissioner, according to law, then this obligation shall be null and void; it is other- wise to be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal has hereunto set his hand and seal and the said Surety has caused this instrument of writing to be signed by its duly'authorized representative at Port Lavaca, Texas, and its ,corporate seal to be),hereunto affixed the day and year first above writte [1, William H. Hahn (Principal) . (CORPORATE SEAL) FILED SEP 23, 1954, Maurice G. Wood County Clark, Calhoun County, Texas LAWYERS SURE'rY CORPORATION By R. A. Barton, Deputy attorney-in-fact. ..-....- --------- OFFICIAL BOND BOND NO. I I ltNO\~ ALL MEN BY THESE PRESIDrrS: That JQseph C. Williams as Principal and La~yers Surety Corporation as .Surety are hereby held and firmly bound to the County Judge of Calhoun County, Texas, for the use and benefit of Calhoun County Drainage District Number 10, conditioned upon the faithful performance of the duties of Joseph C. Williams as Drainage Commissioner for Calhoun County Drainage District Number 10, in the sum of ONE THOUSAND DOLLARS (~l,OOO), to the p~ment whereof, well and truly to be made we bind ourselves, our heirs, executors ,and administrators, jointly and severally. SIGNED, SEALED AND DAT:ED, this the 2.3 day of September, A.D. Ninetten H~dred and Fifty-Four. , THE CONDITION of the aforegoing obligation i~ SU~h, that w~r~as, the sai~ Principal wa~~, 'I appointed Commissioner of Calhoun County Drainage District Number 10 to hold office for two year~ and unt'il his successor has qUl1,lifi~d unless sooner removed by a majority vote of theCommission" Court of Calhoun County for malfeasan'ce in office. .---'~ ers' NOW, THEREFORE, if the said Principal shall well and faithfully perform all and singu1r the duties incumbent upon him by reason of his appointment as said Drainage Commissioner of Cal- houn County Drainage District Number 10, and honestly account for all moneys coming into his hands as said Comnussioner, according to law, then this obligation shall be null and void; it is otherwise to be and remain in full force and effect. 1 IN TESTIMONY WHEREOF, the Principal has hereunto set his hand and seal and the said Surety has caused this instrument 01' writing to be signed by its duly authorized representative at Port Lavaca, Texas, and its corporate seal to be hereunto affixed the day and year first above writte,. Joseph C. Williams (Principal) . ..4 ".. 58 , . . - - ~i"" 00 ~ ~ ~ ~ (CORPORATE SEAL) FILED SEP 23, 1954 Maurice G..Wood County Clerk, Calhoun County, Texas. LAWYERS SURETY CORPORATION BY R. A. Barton Deputy Attorney-in-ract . - - - - - - - - - - - REGULAR OCTOBER 1'ERM , , Held October 11 and 12, 1~ " I' THE STATE OF TEXAS I ~ COUNTY OF CALHOUN I . , BE IT REMEMBERED, that on this the 11th and 12th days of October, 1954, there, was begun and holden at the C0urthouse in the ?ity o~Po~t Lavaca, said County and State, a Regular Term of th , , , I II Commissioners' Court within and for said County and S1;at e, t here were present on these days the rollowing members of the Court, to-wit: Howard G~ Hartzog, county Judge Frank E'-Wedig, CommissionerPr. 1 R. F. Kemper, Commissione'r, Pr.2 Maurice G. Wood, County Clerk t.'B. Grifflth,'Commissioner, Pro 3 Clarence Barton, Commissioner, Pro 4 WHEREUPON THE FOLLOWING ORDERS WERE MADE AND ENTERED BY SAID COURT, TO-WIT: . , - - - - - - - - - - - TRANSFER OF FUNDS On this the 11th day of' October, 1954, at a Regular Term of the' Commissioners' Court of , Calhoun County, Texas, ,with all members of the Court being present, on mot~on made by Clarence , Barton, seconded by Frank Wedig~ the'transfer in the sUm of $12,000.00 made from Road Maint~nanc No. 4 to Road District No. 1 Available was ordered transfered back to Road Maintenance NO.4. I ,is so ordered and unanimously passed. I LATERAL ROAD ACCOUNf '., On this the 11th day or October, 1954, at a Regular ~erm'of the commissioners~ Court pf cali houn County, Texas, with all members of the Court'being present, on mot:von made by Clarence Bar-toa seconded by Frank Wedig, that $10,123.35 from the state Board of County 'and District Road IndebtJ edriess be divided equally between the four County Precincts. Order passed unanimously. - - - - - - - - - - - - . CITY-COUNTY FIRE PROTECTION At a Regular'Term-of the Commissioners' Court of Calhoun County, Texas, held on the 11th daJ of October, 1954, with all members of the C~urt being presen:t;, W. R. Zwerschke, Fir; Chief of thJ . City of Port Lavaca representing the volunteer Fire Department presented to the COIlJIl1issioners' Court the petition from Precinct No. 1 repre~enting a County wide election to purchase fire fight- ing equipment for County wide protection. I This petition is a part of a master petition with petitions heretofore returned from Seadrii~, Port O'Connor and Long Mott. "'". _ That prior estimates by the (CalhQunC<iunty~ Farm Bureau'indl:ciites a requirement for four one , t. ,e centrally located suplemented by rural trucks ox/large truck;" ,;-,>':.:.t-jeep type units to bee,stationed at Port O'Connor, Seadrift, <.' Olivia and Point Comfort areas, and will require a bond iss~ome $40,000 to $60,000. That ~, , That the public demand evidenced. by the sfgned pe_ti-tl<Ons now presented to the court indicate sufficent public interest as to the need of rural firefighting protection to the entire' county and' the court finds that such necessity exists and that the question should be submitted rora determination by an election and referendum by the qualified voters of Calhoun County, Texas. On motion made by Clarance Barton, secmnded by Frank Wedig and unamously adopted the I . ~ - . I County Judge was instructed to secure the necessary election supplies for a county wide e'lection I I for the'issuance of bonds or ~arrants ~or the nurchase of such Fire fi2htin2 equipment. ~ .... 59' ~ . And that a pUblic hearing be calleain the District Court Room at the next regular meeting on November 8th, 1954 at 8 p.m. and that a special invitation be issued to the officers of the various municipalities and to their volunteer fire departments, the members of the Farm Bureau, in order to determine the amount of such bond issue to be submitted in such cou~y wide election. , L-~ I On motion made by Frank Kemper, seconded by Louie '~iffith, it was unanimously agreed that the officials of our County Municipalities be contacted, and requested to submit information to form the basis of contract to be worked out to secure temporary fire protection for rural areas, pending the results of the county Wide Election. - - - - - - - - - - - - - - TREASURER'S REPOR'f FOR SEP'rEMBER APPROVED. I . , , On this the 11th day of October, 1954, at a Regular Term of the Comrnissiomrs' Ccurt of Calhoun County, Texas, with..:Ll members of the Court being present, Jiliss Mary.Stephens, County Treasurer, presented her report for the mont~ of September, and it having been read in open couri and the Court having duly considered the same together ''lith the exhibits accompanying same, and having the balances compared in the various.accounts with those reported by the County Depositor and finding said Report to be correct, on motion duly made, seconded and carried, the COUI}t:y- Treasurer's Report for the month of September, 1954, be and the same is ordered approved. ~AX ASSESSOR-COLLECTOR REPORT FOR SEPTEMBER APPROVED , , At a Regular Term of the Commissioners' Court of Calhoun CountY', Texas, held on the 11th I day of October, 1954, in the City of Port Lavaca, all members of the Court being present on that day, Mrs. C. B. Guidry, Deputy,Apresented the Tax Assessor-Collectors Report for the month of September, together with the tax receipts and other receipts accompanying same, and finding said ~eport to be correct and in due form. Thereupon the motion being duly made, seconded and unan- imously carried, it ~s ordered that said.report is approved. ROADS - FARM TO MARKEr On motion made by Clarence Barton, seconded by Frank Wedig, on this the 12th day of October . . 1954, at a Regular Term of the Commissicners' Court of Calhoun County, Texas, with. all members . ot' the Court being present, and motion being passed ,unanimously, R. A. Barton, Attorney at Law was emPloyed to secure the legal title information requested in the letter of October 7, 1954 by W. A. King, Resident Engineer of the State Highway Department, reading as follows: FM 238 and Long Mott Road Calhoun County Hon. Howard Hartzog, County Judge, Calhoun County, Texas. I Dear Judge Hartzog:- We will soon be working on plans for Highway 238 from state Highway 3lb to State Highway 185 and also on the.section of the Long Mott Road which the Highway Commission recently authoriz- ed., It will help up materially if the County Commissioners Court could have someone look up the records for each property owner abutting these highways and prepare a sketch map in the order of the tracts. Also giving us tJ:1e volume m d page number of the deed records pertaining tot he record owners'of each tract. I You did this for us several years ago on both the sheriffs field road and on the cutoff roe to Pt. O'Connor. 'J:his information facilitated our work so much trot we would appreciate it if you would do the same for us on the above two mentioned roads. Very truly yours, . WAK/k And that a copy of this order beforwarded to W. W. A. KING W. A. King,: Sr. Resident ''Engineer. A, King, and R. A. Barton as t heir authority. ... ,... 60 ROADS - LONG NOTT FARN TO MARKET , On this the 12th day of October, 1954, at a Regular Term of the.Commissioners' Court of Calhoun County, Texas, with all m~mbers of the Court being present, on motion made by Frank ,Wedig, seconded by Clarence Barton, the following letter 1,955-50 Federal Aid Secondary Program, ..Calhoun"County -- and resolution was adopted. Yoakum, Texas -- -- September 30, 1954 Hon. Howard Hartzog, County Judge, Calhoun County, Port Lavaca, Texas Dear Sir: Following is copy of Highway Commission Minute Order No. 36711, dated September 29, 1954, which is self-explanatory: "WHEREAS, in CALHOUN -COUNTY, s' study of ,the ,most needed--road--improvements has been made and , , consultations have been held with the appropriate ,County officials relative to the road needs of the County; "NOW 'rHEREFORE, IT IS ORDERED that a FARM-TO-l'lARKE'f ROAD be designated, extending from State Highway 35, 4.2 miles West of Port Lavaca, Southwest to county road, ad istance of approximately 3.4 miles, subject to the condition that Cal.lb1oun County will furnish all required right-of-way free of cost to the State. "At such time as the County shall accept the provisions of this Order and agree to the Furn.1!sh- ing of the required right-of-way, the State Highway Engineer is directed to proceed with thl engineering development and construction of the project in the most feasible and economical manner, at an estimated cost of $79,000,00, and to assume the road for State m~ntenance up on completion of the construction herein authorized. If In case right-of-way agreement by the County is not executed within 120 days of the~,date of this Order, the action herein..contained shall be automatic,a11y canceled." , We are enclosing three copies of a form prepared for your use in providing certified copies of acceptance by the Commissioners' Court. It will be appreciated if you will have these properly executed and return two certified copies to this office. Yours very truly, HCV:hd Attachments CC. Mr. W. A. King M. G. Cornelius District Engineer BY; H. C. VEAZRC H. C. Veazey Ass~t District Engineer , . . , RESOLUTION ACCEPTING 'fEE PROVISIONS OF S'l'ATE HIGHVIAY COjVj}HSSION MINU'rE, ORDER , . 'l'HE STATE OF 'rEXAS COUNTY OF CAlliOUN I I PORT LAVACA, TEXAS OCTOBER 12, 1954 .. MOTION was made by Clarence Barton, and,seconded by Frank Wedig that the Calhoun County Commis- sioners' Court accept the provisions contained in M~nute Order ~o. way Commission on sept. 29,' 1954, for the improvement by the Texas 36711 passed by the State Hig~~ HighwaYD~partment of the roadL described below and ,that Calhoun ~ounty agrees to furnish all required right-of~way free of cost to the Stat'e: . , " J Extending from State Highway 35, 4.2 miles West of Port Lavaca, Southwest ro County road, a dis- tance of approximately 3.4 miles. VO'fE on the motion was as follows': FRANK VIEDIG "AY" CLARE'NCE BARTON "AYE" FRANK KEMPER "AYEII NO: IINonei, . - - , . LOUIE GRIFFITH , -- - IfAYEIf jW~ERh'UPON the motion ~HE STATE OF TEXAS COUNTY OF CALHO~ was declared carried. I I ,. . - I hereby certify, that the foregoing is a true md correct copy of order passed by the Com- 10.. 1- ~ 2; ~ . I I , I I ,I I I I, , , . I . I I 'I . ..... ~ 61 ""'l missioners' Court of Calhoun County, Texas, on October 1~9>4. . (SEAL) Clerk of the County ,Court, 'Calhoun Count.\) Texas - - - - - - - - - - - - I COUNTY FU~ On this the 12th d,ay of October, 1954, at a Re@-llar Term of the Commissioners' Court of Calhoun County, Texas, ~ith all members of the Court being present, on ~ot~on made by Clarence Barton and seconded by Louie Griffith and unanimously carried, That in order to facilitate the I .. securing of independant. trucks on County projects, in conformance with private contracting customs that payments for equipment and serYices rendered inttrucking be compensated on a by~ monthly basis and the County Judge be authorized on accounts rendered by individual precinct commissioners to sign and approve such payments, and that the payment for posts, wire and mat- erials for right-of-way and road construction under approved projects be likewise approved by the County Judge for immediate payment on delivery, where the individual amount thereof as approved by the purchasing unit does not exceed Five Hundred Dollars. It is so ordered. - - - - - - - - - - - - - Minutes of the previous meetings were read and approved. . OUT FALL SURVRl ALCOA DRIVE I On this the 12th day of October, 1954, at a Regular Term of the Commissioners' Court of Calhoun County, Texas, with all members of the Court being present, on motLon made Frank Kemper seconded by Frank Wedig, the fol10l4ing r,esolution was adopted; unanimously: BE IT RESOLVED, that Whereas, the Commissioners' Court have received information that a report is being circulated to the efrect that t he ,two drainage structures placed in front of the new Elementary School on the east side of Alcoa DriVe, drain not to the south, but to the north in the direction of the DeShazor Addition and that the large drainage structure on t he north side of tb:l Vela property is higher than the profile survey made by the State Highway Department. THEREFORE, be it ordered that Charles W. Hodges, ,County Surveyor of Calhouj County, be re~ quested to check the existing fall line from the intersection on the last street of DeShazor Park on the south to and out of the culvert on the Alcoa Drive empting into the 'new out-fall ditch on the Vela property to determine the actual fall. . Minutes of the previous meeting was read and approved. - - - - - - - - - - - - - SPECIAL OCTOBER TERM ' HELD OCTOB1ER 19, 1954 I BE IT REMEMBERED, that on this the 19th day of October, 1954, there was begun and holden at the Courthouse, in the Cl ty of Port Lavaca, Cal houn County, Texas, a SiIleclal Term of the C ommis- sioners' Court of ~al~oun County, within and for said County, and State, there were present on I this day the follOWing members of the Court, to-wit: Howard G. Hartzog, County Judge Frank E. Wedig, Commissioner P.r 1 Maurice G. Wood, County Clerk L. B. Griffith, COnIDussioner, ~r. 3 R. F. Kemper, Commissioner, Pro 2 Clarence Barton, COmmissioner, Pro 4 WHEREUPON THE FOLLOWING ORLERS WERE MADE if if t ~------- AND ENl'ERED BY SAID COURT, 'l'O~WIT: . i l ORDER AUTHORIZING ISSUANCEOE-j112,OOO ,rCALHOUN COUNTY DRAINAGE DISTRICT NUMBER 10 BONDS", DNl'ED NOVEMBER 1. 1954 i.,'1 'rHE S'rATE OF TEXAS t I COUNTY OF CALHOUN I ... ,..- 62 f"I"" 00 ~ ~ ~ On THIS, the 19th .day of October" 1954, the Commissloners' Court of Calhoun County"Texas, convened in Special Session', at the regular me;oting place t hl reoi' in the Courthouse at Port . Lavaca, Texas, there being present and in 'attendance' the' fol-lowing members, to-wit: HOWARD G. HAR'fZOG, FRANK E. WEDIG, R.' F. KEMPER,' LOUIEB'. GRIFFITH;' CLARENCE BARTON, COUNTY JUDGE, Presiding, and CO~~!ISSIONER. Precinct No.'l; COMHI'SSIcN ER,' P,recinct No. ~;' , COl.\MISSIONER, Precinct No.3; 'CONMISSIONER, Precinct No.. 4;, I, and, among other proceedings had by said Court, were the following: WHER'EAS, on the 8th day of Mnrch, 1954, there was presented to t his Court a petition signed! by the requisite, nUmber of freehold resident taxpaying, citizens of Call10un County Drainage Dis- trict within the terms ,and provisions of Section 52 of Article-3 of the Texas Constitution and- Chapter 7, Title 128, Vernon's Annotated Civi'l Statutes,' and for the issuance of the bonds of said Di'strict for drainage 'purposes, to-wit: to 'construct necessary drains, ditches, ..laterals, levees and to clean, deepen and straighten bayous and streams, to control, abate and amend the 1 harrnful excess of waters and to rec~aim and drain the overi'lowed lands within said District, and passed- ordered that an election be held iJ . this Court, pursuant to said petition, by order duly said District on the 21st day of August, 1954; and WHEREAS, notice of said election was given by posting such notice at five pUblic places, to-l-Ji t, on at the County courthouse door in port' Lavaca, Texas, and four notices at pUblic places in said District, at ~east twenty (20) days next preceding: the date of said election; and WHEREAS, said election was duly fIld legally held on th~ 21st day of August, 1954, and the result of said election was duly certified and returned to this court by the judges and clerks , 1 thereof; and WHEREAS, on the 23rd day of August, 1954, this Court considered the returns, and c~nvassed the same and found that the proposition submitted and none other, to-wit: "FOR THE DRAINAGE DIS'l'RICT AND 'l'HE ISSUANCE OF BONDS AND I;EVY OF TAXES IN PAYMEN'f THEREFOR" "AGAINST THE DRAINAGE DISTRIC'l' AND 'fHE ISSUANCE OF BONDS AND LEVY OF TAXES IN PA'YMmT THEREFOR". was carried by a vote of more than two-thirds of the resident property taxpayers who are qualifi ed voters in said district at such election, and who votedfor the discrict and the bonds and the tax, and this Court, thereupon, by order duly entered declared that the proposition so sub- mitted was sustained and adopted by the requisite number of ,qualified property taxpaying voters voting at said election; and . , . WHEREAS, this Court has examined into and investigated the r~gularity of the proceedings in , I said election and finds that the same was duly sod legally held; that the notice required by..law to be given has been duly and legally give~ and that said election was conducted in strict oon- formity with the law; and WHli:REAS, this Court, as required by law, appointed J. C. Williams, J. S. Sikesa:"d'd William H. Hahn As Drainage Comndssioners for said Calhoun County Drainage District Number 10; and WHEREAS, Each of said COl'r1nrl:ssioners has heretofore duly qualified by taking the prescribed oath and 'giving the required bond, which have been 'duly approved, all as provided by law; and WHEREAS, said Commissioners have organized by'electing one of th~ir number; William H. Hahn, I 1 as Chairman, ald ODe of their number, Joseph C. Williams, as Secretary; and WHEREAS, said Commissioners have heretofore on the 8th day of April, 1954, appointed Lock- , wood & Andrews, competent civil engineers of Houston and Victoria, Texas, as engineers of and for said district; and -ec .,~ WHEREAS, said engineers have furnished this Court with all maps and estimates as required . ~)l: law; ~ r I ...... 63, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS' COURT OF,CALHOUN COUNTY, TEXAS: . I'. I That the bonds of CALHOUN COUNTY DRAINAGE DISTRICT NUMBER 10, TO be called "CALHOUN COUNTY DRAINAGE DISTRICT NUMBER 10 BONDS", be issued in t he aggregate principal amount of ONE HUNDRED TWELVE THOUSAND DOLLARS (~112,000)', for drainage purposes, to-wit: constructing the improve- ments proposed by the engineers report and plans heretofore approved by the Commissioners' Court, together with all actual and incidental exprenses connected therewith, in accordance with the provisions of the Constitution and'laws of the state of Texas, particularly Section 52 or Article 3 of the Constitution and Chapter 7, Title 128, Vernon's Annotated Civil Statutes. II. I That said bonds shall be numbered consecutively'fIlom, One (1) to One Hundred Twelve (112), both inclusive, shell be in the denomination of One Thousand Dollars ($1,000) each; shall be dat~dillovember 1,1954, and shall become due arrd payable serially, without right of prior redemp- tion, in accordance with the following schedule; I BOND NUMBERS (All Inclusive) 1 to 9 10 to 18 19 to 27 28 to 37 38 to 47 48 to 57 58 to 67 68 to 78 79 to 89 90 to 100 101 to 112 MA'rURITY DATES November 1, 1955 November 1, 1956 AMOUNTS $9,000 9,000 . N vember 1, 1957 o November 1, 1958 November 1, 1959,', 9,000 10,000 10,000 10,000 10,000 11,000 11 , 000 11,000 12,000 November 1, 1960, November 1, 1961 November 1, 1962 November 1, 1963 November 1,. 1964 November 1, 1965 III. Said bonds shall bear interest from date until paid at the rate of THREE PER CENTUM ,(3%) per annum, such interest to be evidenced by proper coupons attached to each of said bonds, and said interest shall be payable on November 1, 1955, and semi-annually thereafter on May 1st and " . November 1st in each year. IV. .' That the prinCipal and interest of said bonds shall be payable in lawful money of the United States of Anlerica, without 'e~chang~a or collection charges to the owner or holder, at the OFFICE OF THE S'l'ATE TREASURER, AUSTIN, TEXAS. I V. That each of said bonds shall be signed by the County Judge, Countersigned by the County Clerk, and the seal of the Commissioners' Court of Calhoun County, Texas, shall be impressed upon each of them. I VI. That the racsimile signatures of the County Judge and County Clerk may be lithographed or printed on the coupons attached to said bonds, and shall have the same effect as if they had been signed by such officers in person. VIn. ',' That the fo~ of said bonds shall be substantially as follows: . NO.__ UNITED STATES OF AMERICA , STATE OF TEXAS $1,000 C OUN1'Y OF CALHOUN ..... ...oil r64 00" :;:;:::: c.." 0:-' N CALHOUN COUNTY DRAINAGE DISTRICT NUMBER 10 BOND . KNOW ALL MEN BY THESE PRESENTS: That CCALHOUN COUNTY DRAINAGE DISTRICT NilllBER 10, Calhoun . County, Texas, FOR VALUE RECEIVED, acknowledges itself indebted to mdhereby promises to pay to earer, without right of prior redemption, on the FIRST DAY OF NOVEMBER, 19___, the sum of ONE THOUSAND DOLLARS ($1,000), in lawful money of the United Stat es of America, with interest thereon from the date hereof until paid, at the rate of THREE PER CENTUM (3%) per annum, payable on November 1, 1955, and semi-annually thereafter on May 1st and November 1st in each year, as evidenced by the 'coupons hereto attached. I . BOTH PRINCIPAL and interest of this bond are hereby made payable at the OFFICE OF THE ST~TE 'rREASURER, AUSTIN, TEXAS, without exchange or collection charges to the owner or holder, upon presentation and surrender of this bond and the coupons hereto attached, as they respectively mat reo I THIS BOND is one of a series of bonds of like tenor and effect, except as to number and mat- urity, numbered consecutively from One (1) to One Hundred Twelve (112), both inclusive, in the denomination of One Thousand Dollars ($1,000) each, aggregating the principal ,sum of ONE HUNDRED TWELVE THOUSAND DOLLARS ($ll~,OOO), issued by said District for drainage purposes, to-wit: con- structing the improvements pr.oposed by the engineers report and plans heretofore approved by the Commissioners' ~ourt together wit~ all actual and incidental expenses connected therewith, under . and by virtue of the Constitution and laws of the State of Texas, particularly Section 52 of Article 3 of the Constitution and Ch~ter 7, Title 128, Vernon's Annotated Civil Statutes, and bu;suant to an order passed by the Co~nissioners' Cpurt of Calhoun County, Texas, which order is of record in the Minutes of said Court. THE DATE of this bond, in conformity with the order above mentioned, in November 1, 1954. IT IS HEREBY CERTIFIED, RECIRED AND REPRESENTED th~ said district is a duly organized and I, . legally existing Drainage District under the Const~tution and laws of the State of Texas; that the issu~ce of this bond and the series of which it is a part is duly authorized by law and by ~ vote of the qualified taxpaying voters of Calhoun Counpy Drainage District Number 10. voting at an election held for that purpose within said district on the 21st day of August,~1954; that all acts, conditions and things required required to be done precedent to and in the issuance of this series of bonds, and of this bond, have been properly done and performed, and have happened in regular and due time, form and manner as required by law; that sufficiept and proper provision for the levy and collection of taxes has been made, whi~h when collected shall be appropriated . exclusively to the payment of this bond, and of the series of which it is of the interest coupons thereto annexed as the same sha+1 become due; and a part, and to the pli\Yment that the total indebtedl ness of said Calhoun County Drainage District Number 10, in~luding the ent~re series of bonds of which this is one, does not exceed any constitutional or, statutory limitation. FOR THE faithful performance of all covenants. recitals and stipulations herein contained, I " for th~ proper application of the proceeds of the taxes heretofore or hereafter levied to pay the principal hereof and the interest hereon, and for the faithful performance in proper time and manner of each official or other act required and necess~ry to provide for the prompt payment of I ", , ~rincipal of and interest on this bond when due. the full faith, credit and resources of said district are hereby irrevocably pledged. IN WITNESS WHEREOF, the said calhoun County Drainage Distr~ct Number 10 has caused this bond to be signed by the County Judge and co untersigned by ttl!'l County Clerk of said County, with the seal of the Commissioners' ~ourt affixed hereto, and has caused the interest coupons hereto attach- ed to be executed by the lithographed signatures of said County Judge md County Clerk. HOWARD G. HARTZOG County, Judge, ,Calhoun Cou.nty, Texas I . L ......l ,... 65''"'''II1II . COUNTERSIGNED : MAURICE G. WOOD County Clerk, Calhoun County, Texas VIII. The interest coupons attached to each of said bonds shall be substantially as follows: NO. ON THE DAY OF , 19 $ CALHOUN COUNTY DRAINAGE DISTRICT NUMBER'10, Calhoun County, state of Texas, hereby promises to I pay to bearer in lawful money of the United stat es of America, without exchange ex' collection charges to the owner or holder, at the OFFICE OF THE STATE TREASURER, 'AUSTIN, TEXAS, the sum of DOLLARS I ($ ), being months interest due that day on "CALHOUN COUNTY DRAINAGE DISTRIC'r I NUMBER 10 BONDS", Dated November 1, 1954, Bond No. . MAURICE G. WOOD COUNTY CLERK HOWARD G. HARTZOG County Judge IX. That the following certificate sh~ll be printed on the back of ,each of said bonds: . . OFFICE OF COMPTROLLER STATE OF .TEXAS I ~ I REGISTER NO. '. I HEREBY CERTIFY that there is on file and of record in my office a certificate of the Attorney General of the state of Texas, to the effect that this bond has been examined by him as required by law, and that he finds that it has been issued in conformity with the Constitu- tion and laws of the State of Texas, and that it is a valid arrd binding Obligation upon Calhoun County Drainage District'Number 10, situated in Calhoun County, Texas, and said bond has this day been registered by me. I WITNESS }lY HAND AND SEAL OF OFFICE at Austin, Texas, . Comptroller of Public Accounts of The State of Texas. , x. . IT IS FURTHER ORDERED BY THE CQURT that for the purpose of providing the necessary funds to pay the interest on said bonds promptly when and as the same falls due, and also to provide a sinking fund sufficient to pay the principal of said bonds as the same serially matures, 'a tax of ONE DOLLAR AND FIFTY CENrs ($1.50) on each one 'hundred dollars' valuation of taxable propert~ within Calhoun County Drainage District Number 10, or so much thereof as shall be necessary, or in addition thereto as may be required, shall be annually levied on said property and annually assessed and collected until said bonds with interest thereon have been fully paid, and the said tax of ONE DOLLAR AND FIFTY'CENTS ($1.50) or so much thereof as shall be necessary, or in addi- I .... .~ tion thereto as may be required, is hereby levied for the current year and each succeeding year while said bonds or any of them, are outstanding, and the same shall be annually assessed and collected and 8Pplied exclusively to the purpose named. No mistake in the computation or inser- tion of the aforesaid specific rate of tax shall be construed or considered as the levy of an in- sufficient rate for the bonds herein authorized, and the Commissioners' Court hereby declares I its purpose arr d intent to provide and levy a tax fully and le gaIly suf1'icient for such bonds, it having been determined that the existing and available taxing authority purpose is adequate to permit a legally sufficient tax in consideration of the district for s ucb! ~f all:,dther outstandinl obligations. It is further ordered that the amount of tax necessary to accomplish said purpose is hereby irrevocably pledged without limit as to rate or amount. XI. . BE IT FURTHER ORDERED BY THE CDURT"that the County Judge of Calhoun County, Texas, is auth- orized t~' take' and have charge of' 811 necessary records pendirg investigation by the Attorney l3eneral of the State of Texas, and shall take and have chargl[l Bnd control of the' bonds herein .... .... """66 , ' 'II Ob ..... ,."" ~ ~ authorized pending their approval by the Attorney General and registration by t w,Comptrol1er ,of Public Accounts. .' The above order having been read, the motion of Commissioner Barton for its passage, was duly seconded by Commissioner Wedig. Thereupon, the question being called for, the Co~y Judge put the motion to a vote of the members of ,the Commissioners' Court, and the, motion carried by the following vote: Commissioners Wedig, Kemper, Griffith and Barton voting "AYE"; and none I voting "NO". The County Judge declared the motion carried and the order duly passed and adopted. WITlffiSS THE SIGNATURES OF THE MEMBE.'RS OF THE COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS, this the 19iday of Oct., 1954. HOWARD G. HARTZOG County Judge"Calhoun County, Texas I FRANK E. WED IG . C9mmissio~er, Precinct N~. 1 , R. F. KEMPER COMJl1ssioner, Precinct No. 2 .. L. B. GRIFFITH Commissioner., Precinct No.3 . CLARENCE BARTON, Gommissioner, Precinct No. 4 CERTIFICATE OF COUNTY CLERK , , THE STATE OF TEXAS COUNTY OF CALHOUN I I J , I, The undersigned, County Clerk, and Ex:-Officio CJe rk of the Commissioners,' Court of Calhoun Cqunty, Texas, DO HEREBY CER'rIFY: I 1. That the above and foregoing is a full, true and correct copy of an order authorizing issuance of $112,00q "CALHOUN COUNTY DRAINAGE DISTRICT NUMBER 10 BONDS", dated November 1, 1954, , ' (and of the Minutes of its adoption). passed by the C:ommissioners' Court of Calhoun County, 'fexas, convened in SpeCial Session on the 19th day of October, 1954. .. 2. That al.1,members of said Court were present and participating in the proceedings. 3.. That the original order and minutes showing its adoption are of record in Volume J, page 61 et seq., of,the, Minutes of said Court. WITNESS MY HAND AND THE SEAL OF THE COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS, this the . 19th day of October, 1954. ^ . -.... .. .. , ' (,COM. CRT. SEAL) MAURICE G. WOOD co~nty C1er~,~d Ex-officio Clerk of the Commissioners' Court of Ca]houn County, Texas. . .... . STATEMENT OF TAXABLE VALUE, OF CALHOUN COUNTY DRAINAGE DISTRICT NUMBER 10 I 'rHE S'fATE OF TEXAS I J COUNTY OF CALHOUN I , I, the unde~signed, Assessor and Collector 'of Taxes of CALHOUN COUNTY, TEXAS, DO HEREBY CERTIFY that the assessed value of property for the purposes'of taxation in C~HOUN COUNTY DRAINr rolls of said District, for the year 1954, which have I AGE DISTRICT NUrffiER 10, as shown by the tax been duly approved, and which is the latest official assessment of said District, is as follows: REAL PROPERTY - ----------- PERSONAL PROPERTY ---------- $901,355.00 15.695.00 $917,050.00 . Total WITNESS hY HAND AND SEAL OF OFFICE, this the 19th day of October, 1954. LEONARD M. FISHER Assessor and Collector.of Taxes of Calhoun County, Texas. l .....i .. ..... 87. . ,-' (seal) By lIfrs. Rose A,. Sul1iv~, Deputy", d, . STATEMENT OF TAXABLE VALUES OF CALHOUN COUN'l'Y THE STATE OF, TEXAS COUNTY OF CALHOUN I o I v I - I, the undersigned, Assessor and Collector of Taxes of CALHOUN COUNTY, TEXAS, DO HEREBY CERTIFY-that the, assessed value of property for the purposes of taxation in CALHOUN COUNTY, TEXAS, as shown by the tax rolls of said County for the year 1954, which have been duly approved, and which is the latest official assessment, of said County, is as follows: I TOTAL ---- ---------- $19,547,540. 13,095,012 $32,643,152 REAL PROPERTY " PERSONAL PROPERTY -------- WITNESS MY HAND AND SEAL OF OFFICE, this th~ 19th day of October, 1954. LEONARD M. FISHER Assessor and Collector of Taxes of Calhoun County, Texas. (Seal) By Mrs. Rose A. Sul1ivan~ Deputy . STATEYillNT OF TAXABLE VALUES OF CALHOUN COUNTY ROAD DISTRICT NUMBER 1 THE STATE OF TEXAS I o COUNTY OF CALHOUN I I I, the undersigned, Assessor and Collector of 'l'axes of CALHOUN COUNTY, TEXAS, DO HEREBY CERTIFY that the assessed value of property 1'0r the purposes of taxation in CALHOUN COUN1'Y ROAD DISTRICf NUMBER 1, ~s shown by the tax rolls of said District for the year 1954, which have been duly approved, and which is the latest official assessment of said District, is as follows: REAL PROPERTY ------------~- $9,093,557.00 PERSONAL PROPERTY ---------- 3,951,251.00 TOTAL -----------------$13,044,808.00 WITNESS MY HAND AND SEAL OF OFFICE, this the 20th day of October, 1954. Leonard M. Fisher Assessor and Collector of Taxes, Calhoun County" Texas (Seal) By Mrs. Rose A. SUllivan, Deputy . - - - - - - - - - - STATEMENT OF TAXABLE VALUES OF THAT PORTION OF ROAD DISTRICT NUMBER I THAT OVER-LAPS AND LIES WITHIN CALHOUN COUNTY DRAINAGE DISTRICT NUMBER 10 THE S'rATE OF 'rEXAS I o COUWfY OF CALHOUN I I I, the undersigned, Assessor and collector of Taxes of Calhoun County, Texas, DO HEREBY CERTIFY that the assessed value of property for the purposes of taxation in that portion of Road District Number I that overlaps and lies within Calhoun County Drainage District Number 10, as I shown by the tax rolls of said District 1'or the year 1954, ,which have been duly appr~ved, and which is the latest official assessment 01' said District, is as follows: REAL PROPERTY ~-------------- PERSONAt PROPERfY ----------- $ 87,447.00 11,215.00 TOTAL ---~-------------- $98,662.00 WITNESS MY HAND AND SEAL OF CFFICE, this the 20th day of October, 1954. . Leonard M. Fisher Assessor and Collector of Taxes of Calhoun County, Texas. (Seal) By Mrs. Rose A. Sullivan, Deputy ~ .... "'-68 ~ 00 ~ I:...t ttJ N CERTIFICATE OF COUNTY CLERK THE STATE.OF TEXAS COUNTY 'OF CALHOUN I I I . I, the undersigned, County Clerk and ,Ex-offi cio Clerk of the commissioners' Court of Calhc' in County, Texas, DO HEREBY CER'fIFY that the above Ell d foregoing copies of: (a) Petition for Drainage District;; , (b) Notice of hearing on petition for Drainage District, which notice contains a full, true and correct copy of the order setting Drainage District Peti~ on I (c) (d) down for hearing, Ell d minutes, pertaining to its adoption; County Clerk's gert~fica~e of posting; Order upon Haaring ~ Granting Petition-Creating Calhoun County Drainage District Number 10 - and Appointing Engineer, and, Minutes pertaining to its I adoption; (a) Notice of Hearing on Engine~r's Report with Reference to Calhoun County Drainage District Number 10, which notice contains a full, true and correct copy of Order far Hearing on Engineer's Report with reference to Calhoun c, Coudy Drainage District Number 10, and Minutes pertaining to its adoption; ,(f) Clerk's Certificate of Posting; (g) Order upon Hearing - Engineers Report - Calhoun County Drainage District Number 10, and Minutes pertaining to its adoption; (h) Notice of election in Calhoun County Drainai:.e District Number, 10, which . notice contains a full, true and correct copy"of order for election, and minutes pertaining to its adoption; (i) Returns of county Clerk in matter of posting Notice of Election in Calhoun County Drainage Distr~ct Number 10;, I (j) (k) Election Returns; Order canvassing returns and declaring result of election in Calhoun County Drainage District Number 10, and minutes pertaining to i~s adoption; (1) Oath given by each of the three Drainage, Commissioners; (m) Bond given by each of the three Drainage Commissioners; (n) General Taxing Order'of Calhoun County, Texas, and minutes pertaining to its adoptio~; are true and correct copies of the originals now 6n'file and of record in my offige. I FURTHER CERTIFY that the petition for drainage district ts of record in Volume I, page, .592 et seq., of the Minutes of the Commissioners' Court of Calhoun County, Texas., I FURTHER CERTIFY that the order setting drainage district petition down for hearing, md Minutes pertaining to its adoption, are of record in Volume I, page .592 et seq., of the Minutes . of said Court. I I FURTHER CERTIFY that the order upon hearing, granting petition, creating district and appointing engineer, and Minutes pertaining to its adoption, ,are of record in Volume I, page 597 et seq., of the Minutes of said Court. I FURTHER CERTIFY that the order for hearing on Engineer's Report and Minutes pertaining to its adoption, are of record in Volume J, page '13 et-- seq., of the Minutes' of said Court. I I FURTHER CERTIFY that the order upon he'aring; ;,--"Engin_6_e5<'-s,dReport and Minutes pertaining to its adoption; are of record in Volume J,paga'20et,seq,.,of the Minutes of said Court. I FURTHER CERTIFY that the order for election and Minutes pertaining to its adoption, are of record in Voiume J, page 22 et seq.., of' the Ninutes of said Court. I FURTHER CERTIFY that the order canvassing returns and declaring result of election, and Minutes pertaining to its adoption, are of' record in Volume J, page 35 et seq., of' the Minutes .' of said Court. .... ,. 69 ~ . AND I FURTHER CERTIFY that the General Taxing O~der of Calhoun County, Texas,-and Minutes pertaining to its adoption, are of record in Volume J, page 65 et seq., of the Minutes of said Court. WI'L'NESS MY HAND AND SEAL OF 'I'liE CDr1MISSI ONERS ' COUR'f OF CAillOUN COUNTY, TEXAS, this t he 20th day of October, 1954. I (Com. Crt. Seal), '-MAURICEG. WOOD 90unty Clerk and Ex-Officio Clerk of the Commissioners I Court of Call oun Coun!;y, Texas. 'I BID - GRADER FOR PREC INCT 4 On this the 19th day of October, 1954, at a Special Session of the October Term of the Commissioners' Court of Calhoun County, Texas, all of the members of the Court being present, upon motion made by Clarence Barton, seconded by Frank Kemper, and unanimously carried, it was ordered that advertisement be duly made for bids for the purchase of a motor grader for the use of Commissioners Precinct No.4, with trade in for old motor grader. NOTICE TO BIDDERS . THE STATB OF TEXAS, I COUNTY OF,CALHOUN. I . _. ,.... WHEREAS, the Commissioners 00urt of Calhoun County, T~xas, finds it necessary to request .. ..- bids for the purchase of the following,equipment'for the,use of Commissioners Precinct .No.4. 011 Calhoun County, Texas; to wit: One (1) 'Motor Grader, Delse1 Powered, Tandem Drive, weight of not less than 20,000 pounds, ~~chanical or Hydrolic controlled, equipped with 1300 x 24 tires front and rear, booster steer- ing and cab, as minimum requirements. Thereupon on motion made by Commissioner Barton and second I ad by Commissio~er Kemper and unanimously adopted the County Judge of Calhoun County is hereby authod zed and directed to cause the following notice to be published in the Port Lavaca Wave' (14) days prior to November 8th, 1954, the date set for the receiving of shall be substantially as follows: being at least fourteen said bids, which noticJ once a week for two,consecutive weeks, the date of the first publication . NO~l'ICE TO BIDDERS TilKE NOTICE, that sealed bids addressed to the undersigned' win be received by the Commissioners . Court of Calhoun county, at the court house in :Port Lavaca, Texas, up until 10 o',clock a.m. on Monday the 8th day of November, 1954 for the following equipment for the use of Commissioners Precinct NO.4, of Calhoun Count~, Texas; BIDS AS FOLLOWS: ,One (1) Motor Grader equipped--with Deise1 power; Tandem, Drive, Mechani- calor Hydrolic Controls; of a weight-of not less than 20,000 pounds; equipped with 1300 x 24 I tires front and rear; booster steering and cab, less trade--in on one 199H Austin Western Motor Grader with dozier, to viewed at the warehouse of Clarence Barton, Sommissioner of Precinct No. 4, at Seadrift, Texas. A bank or certified check in the amount of five percent (5%) of the net bid must accompany each bid and the court reserves the right to r eject any or all parts of any bid or to accept the I san e. \ HOWARD G. HARTZOG Ho.lard G. Hartzog, County Judge MAURICE G. WOOD Maurice G. vlood, .county Clerk BID - MOVE HOUSE ON SEADRIF'l' HIGHWAY , " On this'the 19th"day of October 1954, at a Special Term of the Commissioners' Court of Cal- . houn County, Texas, with all members of the Court being present, on motion made by Clarence , Barton, seconded by Prank Wedig, and unanimously carried, it was o~dered that the bid of Sa~lor , and Saylor House Movers be accepted to move the,20 x 100 foot building back from the Seadrift ... ~70 ---------~_.~---~-------- Highway Right-or-way as follows: ,$335.00 Moving; $330.00 Foundation; $85,.00 shell; $50.00 Electricity and miscellaneous of . right-of-way and moving inner articles. The, above is situated on the Alton W. Hahn land, to be paid from the general fund on accounts to be rendered by Alton W. Hahn direct, to Alton W. Hahn. It is so. ordered. ---------- REGULAR NOVEMBER TERM HELD NOVEMBER 8th & 9th, 1954 Ii, , i~ THE STATE OF TEXAS I I COUWry OF CALHOUN I BE IT REMENBERED, THAT on this the 8th and 9th days of November, 1954, there was begun and holden at the Courthouse in the City or Port Lavae:a, said County and State a Regular Term of the , Commissioners' Court within and for said County end state, there were present on these days the I following members of the Court, to-wit: HGlARD G. HAR'rZOG, COUNry JUDGE FRANK E. WEDIG, COID1ISSIONER PRo i R. F. KEMPER, COMMISSIONER PRo 2 MAURICE G. WOOD, COUNTY CLERK L. B. GRIFFITH, COMMISSIONER, PRo 3 CLARENCE BARTON, cOr~rrSSIONER PRo 4 . WHER~lJPON THE FOLLOWING ORDERS WERE }VillE AND ENTERED BY SAID COURT TO-WIT: - - - - - ----- BIDS - MOTOR GRADER PRECINCT 4 l On this the 8th day of November, 1954, at a Regular 'rem of ,the Commissioners: Court of ca]r oun County, Texas, with all members of the court being present, on motion made by Clarence BartJ1n I, Hi-Way Machinery Co. for one I seconded by Frank Kemper, Bid, Of/Austin-Western was accepted as the best and 10~lest bid, as foIl ws: One (1) Austin-Western Model Super 8e, Six Wheel Drive and Steer Power Grader equ~pped with GMC 3-71 3 cylinder Diesel Engine, Hydraulic Controls throughout, six speeds f'orward and two reverSj' electric starter, hydraulic brakes, muffler, horn, thermostat, 5/8E x 12 ft. high-lift reversibJ blade with r.h. 7 l.h. straight 6" end boots, 13.00 x 24 10 ply single low pressure tires with I tubes, fully enclosed cab. $12,755.00 4,755.00 , Less trade-in $9,000.00, Delivery 15 days. Others. H. W. Lewis Equipment 'Co. $15,494.00 - Less trade-in $2,750.00 Wm. K. HOLt Machinery Co. - $14,46.5.00, cab $439; Hydraulic booster steering $475.00; 12 ply , tires $120 - Altern~te $12,286.00, both less trade in of. $3,250.00. It is so ordered athat the bid of Hi-Way Machinery Co. be accepted. . ~ - - - - - - - - REPORT OF INDIGENT HOSPITAL PATIENTS-COUN1~ OBLIGATION On this the 8th day of November, 1954, at a Regular Term of the Commissioners' Court of Cal- houn County, Texas, with all members of the Court being present, Mr. Homer Horton, Manager Cal- houn County Memorial Hospital and ~~. James F~ Houlihan, County Auditor, appeared before the Court. After report of appraisal and annalysis of County Indigent case load, action was as fol~ows: 'I On motion made by Clarence Barton, seconded, by Frank Wedig, and unaniruously,passed, It was I . ' ordered that the request of the Calhoun County ~~morial Hospital be approved end that ,the Hos- . pita1be allowed after investigation of each patierit as to financial responsibilities, to rende~ a daily'account ,of $10.80 per patient as the Counties' share of the indigent case load and the balance 01' such cost be absorbed by the Calhoun County Mem'oriaT lfospit'al OIieratingFund; , " That on each request for medical aid made to County Officials, each would be reported to Mr. Horton's staff in order that proper corm~t and information be secured from the patients PhYSiCil . . It is so ordered by the Court. ,7 ---- ---- - .. '"""Ill 11' . ~SURER 's REPORT APPROV.ED FOR OCTOBER On this the 8th day of Nove)11ber, 1954" at, a Regular,'l'erm of' the Commissioners' Court of Calhoun County, Texas, with all members of the Court being present, Miss Mary Stephens, qounty 'l'reasurer, presen;ted her report for the month of October, and it having been read in open court and the Court having, duly considered the same togetoor with the exhibits accompanying same, and having the balances compared in the various accounts with those reported by the County Deposi- tory and finding said Report to be correct, on motion duly made, seconded and carried, the Counuy Treasurer's Report f'or the month of October, 1954, be and the same is hereby ordered approved. I .-.;: I TAX ASSESSOR,~COL~OR REPORT. FOR OCTOBER APPROVED At a Regular Term of the Commissioners' Court of Calhoun County, Texas, held on the 8th da] of November, 1954, in the City of Port Lavaca, all members of the Court be~ng present,' Mrs. C. B. Guidry, Deputy, presented the Tax Assessor-Co11ecotrs ,Report for the month of October, toget her with the tax receipts and other receipts accompanying same, and finding said'report to be j correct and in'due f'orm. 'l'hereupon the motion being, duly made, seconded and unanimously carrie it is ordered that said report is approved. . SHERIFF On this the 8th. day of November, 1954, at a regular term of the Commissioners' Ccurt of Ca]- .. houn County, Texas~ with all members of> the Court being present, on motion made by Clarence Barton, seconded by Fraruc, Wedig, L. M. Fisher, Sheriff, was authorized to investigate the,feasi- bility of securing additional radio equipment through proportionate financing by and through the Public Safety Commission and other state and rederal agencies. And to determine whether I .. , or not a working agreement can be secured with municipal police departments of, the County to provide twenty-four hous Police Radio Service. !1Q,TOR VEHICLE REGISTRA'rION On this the 8th day of November, 1954, at a regular term of the Co~~issioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion made and seconded . THAT, Whereas, the records 01' the state Highway Department disclose that Calhoun County is retaining a questioned amount of $5,834.00, as license payments of Holmes Transportation Co., Inc. and Clark ~herwood of Houston, Texas. And, whereas, without an expensive lawsuit the exact liability of Calhoun County cannot be I determined, therefore on advice of the Sheriffs' Deputy and the County Auditor the Court in thereof will if agreeable to the State Highway Department, admit liability to the extent of $1,458.50 and will pay such sum in settlement. lieU! I some --- --------- BIDS {~ CARS FOR ffiERIFF'SDEPARTMENT On this the 9th day of November, 1954, at a Regular Term of the COmmissioners' Court or Ca]- I --~~ ~ houn County, Texas, with all members of the Court being present, on motion duly made, seconded and unanimously carried, the following Was ordered advertised: , NOTICE TO BIDDERS -- - - - -. - Take notice that sealed bids addressed to the undersigned will be received by the Commis- sioners' Court, in the Courthouse in Port Lavaca, Texas, until 10 o'clock a.m. on the 13th day . , , of December, 1954, for the following described automobiles for use by the Sheriff's Department in Calhoun County, Texas,Each bidder s'hall file bids as follows: BID NO.1: One (1) 1955 Automobile, black, 4 door sedan, equipped with heater, top mounted red 'light and siren, less trade-in for a 1952 Ford, Engine #B2DLIOo877. Thac prior to - delivery, vehicle shall bear on both f'ront door panels the insigna Sheriff's Depart~ 110..... ...,j ""'-12 /,'/1,..... 06-' ~ ~ ~ - ment, Calhoun County, Texas, Unit 402 in the, form, of a shield not in excess of18,~' x 24", with the State Star in the Center. BID NO.2: One (1) 1955 Automobile, blac~ 4 door sedan, equipped with heater, top mounted red light and siren, less trade-in for a 1953 Ford, Engine #A3D6105410. That prior to . , delivery, vehicle shall bear on both front door panels the insigna Sheriff's Depart- ment, Calhoun County, Texas, Unit 403 in the form of a shield not in excess of 18" x 24", with the State star in the center. I A certified check in the sUm of five per cent (5%) of the amount of the bid must accompany each bid. 'l'he Court reserves the right to reject any or all' bids or parts of bids. ( SEAL) ATTEST: MAURICE G. WOOD Maurice G. Wood, County Clerk Calhoun Coupty, Texas. HOWARD G. HARTZOG Howard G. Hart~og, County Judge Calhoun County, Texas I ------------- ERROR IN ASSESSMENT On this the 9th day of November, 1954, at a Regular Term of the Commissioners' Court of Cal~ houn County, Texas, with all members of the Court being present, on motion duly made, seconded and unanimOlilsly carried the request of KiIlgi,Latham, 'Stults and Company asking that the Tax Assessor and Collector reduce the value on receipt #4222 be approved. They state that the Roeme~ Lease 160 - 7/8 leasehold (WI), less 3/32 ORR in Leonard M. Fisher, in 170.5 acres out of the M. Dickery #2 Survey - 170.5 acres valued at $6110.00 proved to be a non-commercial well which has ,now been plugged and abandoned and that the value should be reduced to $1,500.00 to cover only the equipment which was on the well as of January 1, 1954. It is hereby ordered that this well .1 be, reduced. ATTEST: MAURICE G. VD OD Maurice G. Wood, County Clerk Calhoun County, Texas HOWARD G. HARTZOG Howard G. Hartzog, County JUdge Calhoun County, Texas I, - - - - - - - - - - - - NOTICE OF IN'rENTION TO LEASE COUNTY LAND FOR MINERAL DEVELOPMENT , On this the 9th day of November, 1954, at a Regular Term of the Commissioners' Court of Ca]- .-........ '- houn County, Texas, with all the memtrers of the Court being present, on motion made by Clarence Barton~ seconded by Frank Wedig, and unanimously adopted, the Court ordered proper advertisement . be given in the Port Lavaca Wave requesting bids for oil, gas and mineral lease with pooling provision on the described property below. Notice is hereby given by ~he Commissioners' Court of Calhoun County, a body corporate and a political subdivision of the State of Texas, th~ said Commissioners ~ Court being the g?Verning, body of said County, that in its discretion the said Commissioners' Court and governing body has determined it to be advisable to make an oil, gas and mineral lease of and on the land herein- after described, belonging to and owned by said County, and that said Commissioners' Court intends to lease for mineral development purposeso,the said land, lying ,and-bEli~~ situated in Calhoun cou\.ty I more particularly described as follows: ~ .0'" -.- ,:r- - .,- ..d Lots NoS' Block No. LOTS NO'S. BLOCK NO. I 1 & 2 1.2,),4,5, 6,7~2,l),16,17,19-A , .;?_cr- 6,16,17,22,23 1,2,7,8 to 16 Inc. & 18 1,5,6,7,8,9,15,20 Pts. 1, 2 all of 11 21 22 2) 25 27 2B 29 . 3 7 8 9 10 2,3,4:5,6,'(,8,9 4 to 11 Inc. 7 12 11 2,7,8,9,12 3,14,J.5,10,19 13 20 17 & 10 16,17,18 l ...... ,. 73 '""'II1II BLOCK NO. BLOCK NO. LOTS NO'S. . 17 2 & 3 33 34 35 38 46 47 49 1 to 9 Inc. 1,2,3,4, 21 & 22 I 9 6 7 & 8 50 2, 3, & 6 53 57 58 64 65 66 71 74 77 78 80 86 87 88 89 90 91 93 94 95 96 122 126 145 156 I 3, 4, & 5 9,11 to 14 Inc. 19 to 22 Inc. 4 14 8 & 9 2, 3, ;:, & 7 . 11 & 12 14 & l5 9 & 12 1, 2, 3,9,10,19,20,21,22,23,25 2 & 4 ?, 7 ,(:j, & 9 2 & 4 'I 1 to 8 Inc., 9, 15 & 16 ,1,2 & 5 4 1, 2 & 4 . 13 & 14 3 & 11 '~ " 7,8,9,10,11,12,14~15,16 5,7,13,14,15 1 to 10 Inc.,24 to 28 Inc. 30 to 33 Inc. 9,10,16 1,2,15,16 1 & 2 LOTS NO'S. is 157 158 5,15,16 9,15, & 16 11:>0 9 & 11 166 167 11:>8 171 173 ' 11:36 7 1 to 8 Inc. & 12 12 1 16 16 7 3: 8 194 198 206 ~ e,9,10,15 & 16 16 288 289 290 500 508 510 , 2,4, & 12 1 to 24 Inc. 10 1 toe Inc. 5 & 6 1 to 4 Inc., 7 to 10 Inc. 19,20,21, 22,23,28 to 35 Inc. 26 & 27 9 & 10 1 & 2 511 519 525 535 568 578 11 to 13 Inc., 16 & 17 BAYS IDE BEACH HIGHLANDS 1,2,3~4 &: p All of Block 569 173 23 19 Alamo Beach Subdivision of the N. Cavassos League, each rot containing 20 acres of land. ;' Any lease as made shall provide for at least a one-eighth royalty to the Lessor and shall be for a primary term of not more than ten (10) years from the date of execution and approval I thereof, and for a ,pooling prOVision. - Notice is hereby furthermore given that ~ten-thirty (10:30) O'clock a.m. -on the 13th day of December, 1954, in the Commissioners' Court in the Courthouse in Port ~avaca, Calhoun County, 'texas, after the publication of this notice once a week for three consecutive weeks in a news- I paper published and having a general circulation in Calhoun Cou~y, Texas, said Commissioners' Court then and there in open sessi'on_w'i-l']Crecei.ve_ and consider any and all bids tre reupon sub- mitted for the leasing of said lands and will then and there, after such hearing and'considera- tfon of said bids, in their discretion, award the lease to the h~hest and best bidder submit- ting a bid for same, provided that said Commissioners' Court in its discretion may reject all bids thus submitted do not represent the'fair value of said lease; all of which has been done or will be done in accordance with and pursuant to House Bill 861 of the Regular Session of the . 45th Legislature of the State of Texas, being now Article 5400a of the Revised Statutes of 1925,'this notice being issued this 9th da~ of November, 195~. .... ... ,...- 7 4 001 ~. ~. t:o ~ (SEAL) Commissioners' Court of Calhoun county, Texas. - By HOWARD G. HARTZOG County Judge . "" - . . - .~; "TTEST: ~URICE G. WOOD ~ounty C~rk, Calhoun County, Texas. SPECIAL DECEMBER TERM Hh'LD DECEMBER 6, 1954 f I , THE STATE OF TEXAS COUNTY OF CALHOUN I J I - BE IT REMEMBERED, that on this the 6th day of December, 1954, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and state a SP~cia1 Term of the Comm1ssioers' Court within and for said County and State, there were present on this day the following members of the Court, to-wit: I Ha.vARD G. HAR'l'ZOG, COUNTY JUDGE FRANKE. WEDIG;'COMi1iSSIONER PRo 1 MAURICE G. WOOD, COUNTY CLERK ( L. B.-GRIFFITH~ COMMISSIoNER, PRo 3 .. . - - . . . CLARENCE BARTON, COMMISSIONER, PRo 4 -. ~ . u _ _ . .. . . ~ _ ~'..._". n.~ R. F. KE~lPER, COM}lISSIONER PRo 2 WHEREUPON THE FOLLOWING ORDERS WERE HADE AND ENTERED BY SAID COUR'l', TO-WIT: - - - - - - - - - - - . , BIDS ACCEPTED CALHOUN COUNty DRAINAGE DIS~RICT NUMBER 10 on this the,oth day of December, ,1954, at a SpeCial Term of the Commissioners' Court of CaJ- . houn county, Texas, with all members of the Court being present, the Official Bids for $112,000.00' Calhoun County, Drainage District No. 10, 3% Bonds were opened. Each bidder and premium listed as follows: Raucher, Pierce Co. - $4,793.40; Dittmar & Company - $3,209.40; The Columbian Securities Corpora- tion of Texas - $6,770.40.=(2.030927) I On motion made by Clarence Barton, seconded by Frank Kemper and unanimously adopted the bid - of The Columbian Securities Corporation of ~exas was accepted as the best bid and the bid checks , of Rauscher-Pierce, Co. and Dittmar Company was ordered returned. ORDER CONFIRMING SALE OF BONDS bHE STATE OF 'l'EXAS J I COUNTY OF CALHOUN J . ^ ON THIS, the 6th day of December, 1954, the Commissioners' Court of Calhoun County, Texas; duly convened in SpeCial session at the regular meeting place thereof in the Courthouse in the C~IY of Port Lavaca, Texas, there being present and in attendance the following members thereof, to-wjlit: HOWARD G. liAR TZOG, COUNTY JUDGE I FRANK E. WEDIG, COMMISSIONER, Precinct No.1; R. ,F.. KEMPER,' COMll'.ISSIONER, Precinct No.2; LOUIE B. GRIFFITH, CO~1ISSIONER, Precinct No.3; CLAR1~CE BARTON, COMMISSIONER, Precinct NO.4; when among other proceedings ,had were the following: - Commissioner Barton introduced the fo110wing#ord'er--and#m6v1ld its adoption by the~Court: t- _._"'-~ I WHEREAS, on the 19th day of Uctober, 1954, the Commissioners' Court of Calhoun County, Texa , passed an ordinance authorizing the issuance of $112,,000.00 "Calhoun County Drainage District Number 10 Bonds", dated November 1, 1954,' said bonds having been approved by the Attorney Gener' al!l of Texas md registered by the Comptroller of' PUblic Account,s of the Stat; e of Texas, and WHEREAS, heretofore the County Judge of Calhoun County, Texas has caused to be published an . official notice of sale, and has heretofore caused to be published in the Port Lavaca Wave a news- .. paper of general circulation in Calhoun Count~ Texas, an official notice that said bonds .would l ...... ,...--~-' 75 ""III . I I . I . I I . ... be sold at 10:30 o'clock A.M., December b, 1954, and WHBREAS, heretofore on the 19th day of November, 1954,' the County Judge caused to be maile, an official notice of' sale to forty (40) investment banking houses in the state of Texas; each . , notice containing an official bid form; and ~rHEREAS, the County Judge of Calhoun County, Texas, under the direction of this Ccurt has heretofore on this date soia $112,000 "CALHOUN COUNTY DRAINAGE DISTRICT NUMBER 10 BONDS", dated November 1, 1954, on the best terms and ,f~~ the best p~ice possible to The Columbian Securities C~rporation of Texas, 1604 Milam Bldg., San Antonio 5, ~exas,at a price of par and accrued inter. est, plus a premium of $6,770.40 in accordance with the prOVisions of Art. 8134, V.A.T.S. AND WHEREAS, the Commissioners' Court deems it proper and advisable to ratify and confirm , , said contract i'or the sale of t he bonds; THEREFORE BE IT ORDERED BY'fHE COMMISSIONERS' COURT OF CALHOUN COUN'rY, TEXAS: I. That the bid of The Columbian Securities Corporation of Texas, 1604 Milam Bldg., San Antoni b 5, Texas for the purchase of the following described bonds of Calhoun County Drainage District , Number 10, at a price of par and accrued interest, plus a premium of $6.770.40 shall be and the same is hereby accepted, said bonds being as follows, to-wit: $112,000 "CALHOUN COUN'l'Y DRAINAGE: DISTRICT NUI1BER 10 BONDS", dated November 1, 1954, numbe~. ed consecutively from 1 to 112, both inclusive, in denomination of $1,000 each, due and payable serially on November 1st in each of the years as follows: $9,000 1955 to 1957, both inclusive, $10,000 1958 to 1961, both inclusive, ~ll,OOO 1962 to 1964, both inclusive and $12,000 1965; all of said bonds bearing interest at the rate of 3% per annum, such interest being payable on November 1, 1955, and semi.annually thereafter on May 1st and November 1st in each year, both principal and interest being payable at the OFFICE OF THE TREASURER OF THE STATE OF TEXAS, Austi , Texas. II. That said bonds are hereby declared to be sold and the same are on this date s old to The Columbian Securities Corporation of Texas, 1604 Milam Bldg., San Antonio 5, Texas at the price of par and accrued interest to date of delivery, plus a premium of $6,770.40. ----- The above order having been read, the motion of Co~rlssioner Barton for its passage, was . duly seconded by Commissioner Kemper. 'fhereupon, the question being called for, the County Judge put the motion to a vote of the members of the Commissioners' Court, and the motion carriee by the fOllowing vote: Commissioners Wedig, Kemper, Griffith and Barton voting "AYE"; and none voting "NO". The County Judge declared the motion carried and the order duly passed and adopted. WI'l'NESS 'fHE SIGNATURES OF 'ERE MEMBERS OF THE COMMISSIONERS I COURT OF CALHOUN COUNTY, TEXAS, this the 6th day of December, 1954. HOWARD G. HARTZOG C91.ffity Judge" Calhoun County, Texas FRANK 'E. WEDIG Commissioner, Precinct' No. 1 R. F. KEMlER Commissi9ner, ~reclnct No. 2 L. B. GRIFFITH Conmdssioner" Precinct No. 3 CLARF.;NCE BARTON QOl]1Jll:j.s;3ioner..Precinct No.4 ----------- SHERIFF - CIVILIAN DEFENSE PROTECTION RADIO.EQUIPMENT,. MATCHI~UNDS ^ On this the 6th day': of December. 1<t2iJ., at a SRecial Session of the COJ!ll!1is_siQn~1;'..a.!....-Q,QU.r..t 0== r'16 00'" ~~ ~ ~ ~ Calhoun County, Texas, with all members of the C()Urt being present,. op. motion' made. by Clarence' II Barton, second~d by Frank Kemper, L..M. Fi~her, Sheriff of Calhoun County, be auth~rized to make application to the Civilian Defense Authorities for matching funds on a 50-50 basis to prOVide for the Sheriffs Department and Constables, eight mobile radio units and one walkie talkie unit . for Disaster and Relief and Law Enf,orcement use. M,otion passed unanimously. It is so' ordered. - - - - - - - - - - . HELD DECEMBER 13th and 14th, 1954 I _ REGULAR DECEMBER TERM ~ ~ .. . THE STATE OF TEXAS COUNTY OF CALHOUN f I I BE IT REMEMBERED, that on this the 13th and 14th days of December, 1954, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State a Regular Term or, the Commissioners' Court within and for said County and'state, there were present on these .days I the following members of the Court, to-wit: HOl-1ARD G. HARTZ OG, C OUN'l'Y JUDGE NJU RICE G. WOOD, COUNTY CLERK L. B.,GRIFFITH, CO~lISSIONER PRo 3 . FRANK E. WEDIG, CO}mISSIONER PRo 1 , -- R. F. ~llER, GOV~rrSSIONER PRo 2 CLJ\RENCE BARTON, COMMISSIONER PRo 4 . , WHEREUPON THE FOLLOWING' ORDERS WERE MADE AND ENT,ER'ED BY SAID COURT, 'TO-WIT: I . - - - - - - - - - - - TREASURER'S REPORT APPROVED FOR NOVEMBER , On this the 13th day of December, 195~, the Commissioners' Court of calhoun County, Texas, met in Regular Session, with all members of the Court being Present, Miss Mary Stephens, County Treasurer, presented her report for the month of November, and it having been read in open court and the Court having duly considered the same together with the exhibits accompanying same, and I having the balances compared in t'he various accounts wit.'1 those reported by the County Depositor . and finding said Report to be correct, on motion duly made, seconded and carried, the Cowty Treasurer's Report for the month of October, 195~, be and the same is hereby ordered approved. ,. , . - - - - - - - - - - - . . TAX ASSESSOR-COLLEC~OR REPORT FOR NOV~iliER APPROVED At a Regular Term of the Commissioners' Court of Calhoun County, Texas, held on the 13th i . day of December, 1954, in the City of Port Lavaca, all members of the Court being present, V~s. . C. B. Guidry, Deputy, presented the Tax Assessor-Collectors Report i'or the month of November, together with the tax receipts and other receipts accompanying same, and finding said report to be correct and in due form. Thereupon the motion being duly made, secanded and unanimously carried it is ordered that said report is approved. - - - - - - - - - - - I , BID - CARS FOR SHERIFF'S DEPARTMENT On this theljthd day of December, 1954, at a Regular Session of the Commissioners' Court . )f Calhoun County, Texas, with all members of the Court being present, on motion made by ClarenCI \arton, seconded by Frank hemper, the Bid, of Terry Bunch Motors accepted as lowest and bes~ cid. lids are as follows: Base Bid of Marshall Ch~vrolet Company $1,013.33, Cash tor 5% of bid $102. 0 ,rderedreturned. Base.Bid of Terry Bunch Motors, $940.00, Cashiers' Check retained until the 'I elivery or cars. Motion passed unanimously. - - - - - - - - - - IDS ACCEPTED FaR LEASE. OF ~rY'LAND , ' , On this the 13th day or December,..1954, at'a'Regalar Terrn..or the Commissioners' Court of ilhoun County, Texas, with all members of the Court being present, bids were opened for leas~ . County owned land, ror oil, gas and mineral purposes. On motion made' by Clarence Barton, . ..... ~ 71: ..." seconded by Frank Wedig', and unanimously passed the bid 01' Alcoa at $10.00 per lot . and the Court was authorized to execute an oil, gas and mineral lease with ppoling agreement on Block 194, Lot 16; Blk. 145, Lots 1,2,15,16; Blk. 96, Lots 13,14; B1k. 94, Lots 3, 11; Blk. I . , , 122, Lot s 1,2,3,4,5,6" '7,13,9,10,24,25,26,2'7,213,30,31,32,33;, Blk. 157, Lots 15; Blk. 156, Lots 1,2; B1k. 91, Lots 1,2,4; Blk. 53, Lots 2,3,6; Blk. 23, Lots 1,5,6,7,13,9,15,19,20; Blk. 25, Lots 1,2, 11; Blk. 166, Lots 9,11; Blk. 171, Lot 12; Blk. 173, Lot 1; B1k. 160, Lots 9, 15,16; Blk. 160 Lots 9, 15,16; Blk. 167, Lot 7; Elk. 168, Lots 1,2,3,4,5,6,7,8; and Elk. 168, Lot 12, All are located in Bayside Beach Unit lout of Juan Cano and Benito Morales Survey, Calhoun County, Texas, as per plat ~f record Vol. Z, page 24~ Calhoun' County Plat Records" and further condition- ed that no wells be drilled on such lots and no buildings erected thereon. It is so ordered. I DELINQUENT TAX RECORD On this the 14th- day of December, 1954, at a Regular Term of the Commissioners' Court of Calhoun county, Texas, with all members of the Court being present, en motion made by Clarence Barton, seconded by Frank Kemper, and unanimously carried the following order was passed: WHEREAS, Leonard M. Fisher, Assessor-Collector of Taxes for Calhoun County, Texas, did enter . into a contract with C. R. Law on the 13th day of July, A.D. 1953; wh3 reby C. R. Law did agree ,and bind himsel1' to prepare and compile a Delinquent Tax Record 1'or Calhoun County, Texas, under House Bil1.No. 406, Acts of the Fifty-Second Legislature, Regular Session, for t he years 1919 to '1952, both inclusive, which said contract was duly and regularly approved by the Commissioners Court of Calhoun County, Texas; and I WHEREAS, it is now the desire of Leonard 11. Fisher, Tax Assessor-Collector of Calhoun County, Texas, and C. R. Law to amend said contract to extend the period to include the year 1953 and have so signified by their signatures affixed to this instrument, and it being the desire of this court to make such amendment to the contract; IT IS THEREFORE ORDERED by this court that the amended contract be and the same is hereby approved to include the year 1953. DATED this 14 day of December, A.D. 1954. (seal) LEONARD M. FISHER AS$ESSOR-COLLECTOR OF CAEHOUN COUNTY, TEXAS BY A. J.-WILLIAMS, CHIEF DEPUTY . C. H. LAW Q. R. La~, Travis County, Texas. , Above order approved in open court this 14th day of December, A.D. 1954. SEAL r~URICE G. WOOD Clerk, Commission ers Court Calhoun County, State of Texas. I GEORGE STREET EXTENSION On this the 14th day of December, 1954, at a Regular Term of the Commissioners' Court of Calhoun County, Texas, wi~h all members of the Court being present, on motion made by' Clarence , Barton, seconded by Frank Wedig" and unanimously carried it was ordered that Kaffie Lumber and ~ . Building Company be paid $35.91 and that,deed be accepted and that the deeds of A. L. Burris and I A. E. Bonorden, et ux, be filed for record for right of way purposes. PUBLIC IYJPROVEHENTS - FAIR GROUNDS AND PUBLIC BUILDINGS On this the 13th day of December, 1954, at a Regular Meeting of the Commissioners' Court of' Calhoun County, Texas, at the Court House in Port Lavaca, Texas, all members of the Court . being present t~ere came before the Court a group of representative citizens and there was sub- mitted several petitions signed by numerous tax payers of Calhoun County, Texas, requesting the consideration of' the Court and the submission of elections to authorize the Court, County Fair ,. - .. . Grounds and bUildings to shelter displays and provide permanent accomodations for a county ~ ~ ,..- 78 ad ~ ~ ~' precinct warehouse and t~ house other agencies, and whereas, ~he attention or the Court was call d - to the recent request of the November Grand Jury inviting the attention of the tax' payers as to the needs of an adequate court house and, the~eafter, after considerati.on and discussion the fol- . ' . . lowing resolut~on was made by C1a~ence:Barton, Commissioner of Precinct No.4, seconded by Frank Kemper, Comnis,sioner or Precinct N.c. 2, and unanimpusly adopted by the Court'. "BE IT RESOLVED BY THJ!: COMMISSIONERS' POUR'f OF CALHOUN C9UNTY, TEXAS, that whereas', the recent request of th~ Grand Jury of, Calhoun County,'Texas, at the November Term, and the petitions and requests of the 'l'ax payers' of Calhoun County, disclose the need 1'or adequate publi, I buildings and a County F~ir Ground and it is recognized that,proper plans must beibrmulated for an .efficient economica;t. and coordinated program for present and future needs, and t hat whereas, this Court believes that a properly constituted representative Tax Payers Council would be of invaluable assistance to the Court in the study and determination of the programs of improvement to be submitted to the citizens for their final determinat ion by elections. I , That such a Council should not be appointed by the Court, but by the public and be composed of representatives from civic and public interested organizations and groups and com- munities of the County, and that the democratic means to secure such representation will be to request cooperat~on. and assistance 01' pur public and civic bodies in the appointment by each of the civic organizations, municipal and other bodies of the County a representative ~f such organ] ization, who shall be a property tax payer, to serve on such Council, and whereas"Mr. Cyrus coof' our County Agent has consented to serve as Temporary Chairman, pending organization, the appoint . ment of permanent officers, of' such Ta,x Payers Council. NOW THER~FORE, the Commissioners' Court of Calhoun County, hereby requests the Clerk of' this Court to f'orward a copy of this resolution to the Chairman or presiding of1'icer of each I. of the following Civic bodies, clubs, boards and organizations: the Board of Aldermen of the City of Port Lavaca; the City Council of the City of Seadrift; the City Council of the City of Point Comfort; pheRotary Club; the Lions Club; the Kiwanis ClUb; the Calhoun County Junior Chamber of Commerce; the Port Lavaca Chamber of COlpIllerce; the Seadrift Chamber of Commerce; the Point Comfort Chamber 01' Commerce; the V .F.W.; the American Legion; the Future Farmers of Americ ; the Home Demonstration Clubs; the Four-H C+ubs; the @arden Club; the Study Club; the Farm BureauJ the several P.T.A. organizations; the Calhoun County Independent School District Board; the Cal- houn County Memor~al Hospital Board; the Wes~ Side Calhoun County Navigation District; the Calhoun County Navigation Distri9t; the Youth Rodeo Association; the Pilots ClUb; the A.S.C. Board; the Calhoun County Soil ~onservation Board;.and to other civic organizations desiring representation, with the personal request to the membership of each association to nominate and select from the membership of such organization a representative to serve as' a member of the Tax Payers Council (f Calhoun County, atd forward the name of such appointee to the County Agent. . That such Tax Payers Council, when duly organized is requested by this Court to make I investigations.- and study with recommendations as to the . grounds and public buildings as may be secured and paid needs of CalhounyCounty for adequate /' for within=-~ projected increased va1ua. -- ...r tions, without increasing the burden of our County tax paw~rs: ,That the Temporary Chairman is hereby requested as soon as he has received nomination: frmn a majority of the above listed organizations of qualified property tax payers that he shall at the convenience of the pUblic, by written invitatlion call an organizational meeting to be hell in the' County Court Room at which time the menbers of this C,ourt and our County Auditor will be present to make available any information that may be required from our records." - I A'IITES'lI: (SEAL) HOWAHD G. Hm 1'ZOG Howard G. Hartzo~,County Judge . MAURICE G. }!OOD laurice G. Wood, County Calhoun County, Texas. Clerk, l .....J '"""II 79 [L.--- . RURAL FIRE FIGHTING ~QUIP]1ENr On this the 14th day of December, 1954, at a Regular Term of the Commissioners' Court 01, Calhoun County, Texas, with all members of the Court being present, on motion made by Clarence Barton, seconded by Frank Wedig, and unanimously adopted the following order was passed~ WHEREAS, both"by'~petitiqn and by public representation before the Court, the public has requested the opportunity to pass on the question of, whether or not the Commissioners' Court I shall be authorized to purchase rural fire fighting equipment to be maintained by voluntary fir departments 01' our municipalities for use in fighting rural :Cires, and whereas, th~ County will II not now have on hand suffic~ent funds'for ordinary operation of County Go~ernment or for SinkinJ funds to repay existing County obligations or prev~ous commitments, unless ,a reallocation of I, taxes are also authorized by an election of the peop},61. Therefore Be It Orde~ed" that the Coun~ Judge of Calhoun County beaauthorized, with the assistance 0:C the County Auditor and the firm of Gibson and Gibson, of Austin, 1'exas" and prepare, or, have prepared the necessary orders and election supplies for the holding of two elections by the smne officials on the same date, firs~ to submit the question of reallocation of taxes, '.and sl!bject to a favorable vote thereon to sUbJI mit to the publiC the authorization to issue $50,000 in Bonds for the purpose of securing funds . and authorization sufficient to purchase ,rural fire fighting equipment to be stationed at Seadrift, Port O'Connor, Point Comi'ort and Port Lavaca, Texas, provided an agreement can be worked out with voluntary t'ire departlJ,nts and with such muni,cipa1ities to house :nd maintain the same. L.- DELINQUENT TAX ROLLS I, On this the 14th day o~ D~cember, 1954, at a Regular Term of the Commissioners' Court Ol' Calhoun County, Texas, wit h all members of the Court being present, whereas, the recent list..) submitted by the County Surveyor as to Lots owned by Calhoun County, constituted p'roperty in the Bay Side Beach SUbdiVision, which the County intends to convey to the State Parks Board on . , request and acceptance ~f a State Park. Therefore on motion made by Clarence Barton, seconded ,by Frank Kemper, and unanimously passed by the Court, the County 'rax Collector is ,authorized to render for payment, and the County Clerk is authorized to pay such delinquent taxes for pro- ration to the several Taxing Agencies each month until the records are up to date, &0 t,hat such . property may be properly let't off' the Delinquent Tax Rolls. ,I FARM TO MARKEr ROAD NO. 2143 AT the Regular December Term of theCommissioners' Court of Calhoun County, Texas, with all members 01' the Court being present, on this the 14th day of December, 1954, qn motiion made by Lqui~ B. Griffith and seconded by Clarenc~ Barton, the tol10wing resolution was unanimously adopted: I' WllliHEAS, it is the policy of this Court in granting permits :Cor pipe line,S across County Roads to require that the grantee ilt i,ts own cost and expense relocate 'such pipes when highway and traff'ic requirements make the same necessary. That in the widening of Farm To Market Highway No. 2143, necessitates the relocation of the Lavaca Pipe Line and poles at the entrance of such road adjacent to state Highway ,No., 35, that at that point the right-of-\1ay has been winged out to some 250 feet for ease in turning at the intersection. AND, WH~REAS, Lavaca Pipe Line has a private easement on the lands 0:C Mr. C. T. Traylor which easement was not secured by the Coqnty. in obtaining the right-of-way for the state. THEREFOR~, Lavaca Pipe Line Company is authorized to relay such line at its own expense at the point where it crosses the old County Road right-of-way, and to charge to calhQun,County the costs 01' lowering such lines outsi.de ,ot' the old right-of-way, and within the new Farm to Market right-of-way. . / ... ..oil ,.- 80 JANUARY 1955 -,---,--.\-1 QO ~ ~ I:C:l 1'..1 SPECIAL JANUARY TERM HELD JANUARY 1st, 1955 {BHHr ~HH{~~ ik~H~ {} .:~ ,~ w .~ ~~ * ,~ * 6' * ,~ ~ .. " fi " " " " .. ,~ w ., {~ ,~ ,~ ,~ ,~ .. ,r 1r * * * {~ * 1r 1r n .. -:~ -:or -;( -t~ .!.HHH~- e: COUN'l'Y OF CALHOUN I I I THE STATE OF TEXAS BE IT R~~'ffiERED, that on this the 1st day of January, A.D. 1955, there was begun and holde at the Court House, in the City of fort Lavacu, said County and State, a Special Term of the Commissioners' Court within and for said County and state, same being the FIRS'r SPEer AL TJ;RM, JANUARY 1955, and ,there were present on this date the f'ollowing off'icers 01' the Court,- to-wit,: 1 HOHARD G. RAR'I'ZOG, COUNTY JUDGE FRANK E. WEDIG, CO}WISSIONER PRo 1 R. F. KE}~ER, COMMISSIONER PRo 2 MAURICE G. WOOD, COUNTY CLJ:oRK ERNESf H. RADTKE, Cm1MISSIONER PRo 3 CLARENCE BARTON, COMMISSIONER PRo 4 I WHEREUPON 'I'HE FOLLOWING ORDERS WERE MADE AND iENTERED ,BY, SAID COURT, TO-WI'r: OFFICIAL BONDS On this the 1st day of January, A.D. 1955; 'with all members of the Court being present, the Court met for the purpose of examining the 'Official Bonds of' the County and Precinct elected at the General Election held November 2, 1954. There were presented in open Court the bonds of the officers listed below and after Officers mmJ el tion and approval of the same by the Court, the said officers were duly sworn and qualified for their particular office according to law. Motion duly made, seconded and unanimously passed .Q.Q.!!liJ.' Y JUD G E Howard G. Hartzog, County, Judge, Calhoun County, Texas, as l'rincipal and the Fide Ii ty and Casualty cmnpany of New York, as Sureties in the s~ of $3000.00. Howard G. Hartzog, Ex-Officio County SChool Superintendent, as Principal and The Fidelity and Casualty Company of New York, as Suretynin the sum of $1000.00. :1 EX-OFFICIO COUNTY ~CHOOL ~UPERINTENDENT COUNT! ~Q.G~ ~S_T!iE~S!!R.!fR_OE e,P.!fClAJ: ~OBD_ISSQE_OF Q.RAIR))l!QEJHS!RIC! [0;. 10_ Howard G. Hartzog, County Judge as Treasurer of Special Bond Issue of Drainage District No. 10, -as Principal and The Fidelity and Casualty Company of New York as Surety in the amount of $112,000.OO. SHERIFE' Leonard N. Fisher, Sheriff, Calhoun County, 'l.'exas,' as 'Principal and tha Standard Accident . Ins. Co. Detroit, Mich., as Sureties, in the sum of $5000.00 ASSESSQR~jlP _C QLfEQ'r~ Leonard M. Fisher,' Assessor and Collector of Calhoun County, Texas, as frincipal and the Standard Accident Insurance Company, Detroit, Mich., as Sureties, in the sum of $30,,):34.93. COUNTY CLERK I ~ Maurice G. Wood, County Clerk, Calhoun County, Texas, as Princ~pal and The Fidelity and Casualty Company of New York, in the sum of $2,000.00. COUNTY TR~ASURER . . Mary McClure Stephens, County Treasurer, Calhoun County, Texas, as l'rincipal and National Surety Corporation as sureties, in the sum of $25,OOO..()0. 'I COUN'fY ATTOttNEY Lewi,s J'ack, Fields, County Attorney, Calhoun County, Texas, as Principal and Gulf 'Coast Insurance Agency, as Sureties, in the sum of $2,500.00. DISTRICT CLERK E. N. Dumas, District Clerk, Calhoun County, Texas, as Principal and United States Fidelity . and Guaranty Company as Sureties, in the sum of $5,000.00. l ~-".~---='- ...... ,...- - - - - "'Ill 81 '. COMMISSIONER PRECINCT NO. 1 Frmk E. Wedig;'Cormnissioner Pro No.1, as t'rincipal and Fidelity and Deposit Company of .. ~aryland, as Sureties in the sum of $3,000.00). I' COMMISSIONER PRECINCT NO.2. I R. F. Kemper, COmmissicner Pro No.2, as Principal and Fidelity and Deposit Company of ~arYland, as Sureties, in the sum of $3,000.00). ICOMMISSIONER PH.ECINC1' NO.3' - Ernest H. Radtke, Commissioner Pro No.3, as Principal and Hartford Accident end Indemnity I Company as Sureties, in the sum of $3000.00. bO~illISSILWER PRECINCT NO~ CLARENC~ BARTON, Commissioner Pro No. 4, ~s Principal and Fidelity and Deposit Company of Mary.land, as Sureties in the sum of $3000.00. CONSTABLE. PRo 3 J. C. Rush, Constable Pro 3, Calhoun County, Texas, as Principal and Hartford Accident and Inde~ity Company as Sureties in the sura of $1000.00. . K]ONS'l'ABLE PR. 4 Roy C. Creed, Constable Pro 4, as Principal and The Fidelity and Casualty Company of New ~ork as Sureties in the sum of $1000.00. CONSTABLE PR.. 5 1 Grady Malone, Constable Pro 5, Calhoun County, Texas, as t'rincipal and Lawyers Surety Corp. ~s Sureties in the sum of $1000.00. OUSTICE OF PEACE, m.. 1 Frank C. Kelly, Just+ce of Peace, Pro 1, Ca:).houn County, Texas, as PrinCipal and Hartford ~ccident and Indemnity Company as Sureties, in the sum of $1000.00. OUST ICE OF PEACE, PRo 4 Albert Pennington, Justice of Peace, Pro 4, Calhoun County, Texas, as t'rincipal and The Pidelity and Casualty Company of New York, as Sureties in the sum of $1000.00. :JUSTICE OF PEACE, PR.3 . Ben Thonlas, Justice of Peace, Pro 3, Calhoun County, Texas, as Principal and Hartford ~ccident and Indemnity Company as Sureties, in the sum of $1000.00 ~STICE OF PEACE. PRo 5' , Louise Sharp, Justice of Peace, Pro 5, Calhoun County, Texas, as Principal and Lawyers Suret:. orpo~ation as Sureties in the sum of $1000.00. UBLIC WEIGHER, 'PE. 1 1 Horace I. Premeaux, Public Weigher Pro 1, Calhoun County, Texas, as Principal and Fidelity nd Deposit Company of Maryland as sureties in the sum of $2,500.00. I OUN'l'Y SURVE,YOR Charles W. Hodges, County Surveyor, Calhoun County, Texas, as Principal and Lawyers Surety orporation as Sureties in the sum of $1000.00. ONSTABLE PRo 1 1 C. L. Bouquet, County of Calhoun, Constable Pro 1, as Principal and Lawyers Surety Corpora- ion as sureties in the sum of'$lOOO.OO. The bonds and oaths of office of the above mentioned were duly examined and on motion made y Clar'ence Barton, seconded by Frank Kemper and unanimously carried, the same was duly ordered pproved and filed for record. . ESOLUTION FOR CO}~IISSIONERSI COURT WHEREAS, the Deed Records of Calhoun County, Texas, d~sc10se B. W. K1ipstein, ttorney--in-f'act for L. B. Randall, B. Kinsell, and L.~eabrooJ~,., exec.JJ.1;ed ~!W.!LQ, for himself' anc:: d...May':25." II Ii.. r- 82 ad ~ ~ g:;;, 1597, and duly recorded in Volume P, page 155-7 of such records and, WHEREAS, certain land was conveyed by said deed, as, is more particularly, descri.bed in same, . to which reference is hereby made for all purposes.; and WHERBAS, there was a recitation in said deed that an easement ov~ra strip of land fifteen (15) feet in width was reserved along the entire southwest, line 01' the property described t he rei for the use of the public as a road; and WHEREAS, that has never at any time been any official acceptance of. such easement of record 'I by the County of Calhoun, now by the public or anyone .acting for the pUblic, of said strip of la d as a road; and .. W~REAS, there is no record any user of said strip of land by the County, any other politic 1 SUbdivision, or the public or said strip of land as a rpad,.nor has the same been open or main- tained as a public road. -.- " I WHEREAS, said 15 foot strip of land and all the lands adjacent to or that could properly be served by the SUllie are now a part of the City of Port Lavaca, Calhoun County and included within the boundaries of said municipality and solely subject to the regulation and control of the Boar of Aldermen of theCity of Port Lavaca. AND v,iHEREAS, the members of the Commissioners' Court from t l1e evidence presented find that . all the adjacent owners agree on cons ent to a re subdi visi,on ,Llnto City lots and blocks wi t h ade- quate streets and alleys serving such owners in lieu of such original 15 foot strip. THEREFORE, IT IS RESOLVED by the Commissioners' Court of Calhoun County, Texas, that this Court has no right, title, interest in, and, to such easement .over said 15 foot strip of' land and no authority or jurisdiction in regard thereto, end that all authority vests in the Board 'of Aldermen of' the City of Port Lavaca, as to rights to resubdivide the same and to proYide proper . (L.S.) HaI'IARD G. HARTZOG. HOward G. Hartzog, County Calhoun County, Texas I street and park ways within th~ City of Port Lavaca, Texas. Judge A'l'TES'l': . HAURICE G. wOOD Maurice G. WOOd, County Clerk, Calhoun COill~y, Texas. . Minutes of the Commissioners' Court of Calhoun County, Texas, Dated: ,. January 1st, 1955. . .~--, REGULAR JANUARY TERM . , HELD JANUARY lOth & 11th, 1955 r- . . , COUWl'Y OF CALHOUN I I I THl:>; STATE OF Tl:>;X.l\S . BE IT REMEMBKRJ:>;D, that on this the 10th and 11th days of January, 1955, there was begun and ~ holden at the Court House, in the City of Port Lavaca, said County and state, A Regular l1eeting I: , , of' the Commissioners' Court within and for said County and State, same being the Regular January ~ .. .., Term 1955, and there were present on this date the following officers of the Court, to-wit: HOWARD G. HARTZOG, COUNTY JUDGE MAURICE G. WOOD, COUNTY CLERK I FRANK E. WEDIG, CmlMISSIONER PR 1 , . ERNhST R. RADTKE, CO}mITSSIONER PRo 3 R. F. ~~PER, COMMISSIONER PRo 2 , . CLJ\RENCE BAR'.rON, COJ-flMISSIONER PRo 4 WHEREUPON THE FOLLOWING ORDERS ,,!ERE HADE AND ENTERED BY SAID COUR1' 'rO>:-HI'l': ------------ STATUTES FOR DISTRICT AND COUNTY ATTORNEYS On this the loth day of January, 1955,with all members of the Court being present, on motio made by Clarence Barton, seconded by Frank Wedig, and unanimously carried, the Court was instruc ed . . ' \ to provide a set of Black Statutes (VCS'r) to be placed in the the.District ,Jud~=-, the D;strict, and Count,,- Attornev". . District Court room for the use of - - - - - - - - - - - - - ~ ,... 83 """l LEASE OF LAND FOR WAREHOUSE STORAGE OF GOl'iNISSIONER Pro 3 EQ,UIPMJi.NT . , , . On this the lOth day of January, 1955, at a Regular Term of the Commissioners' Court of CaJ~ houn County, Texas, with all members of the Court being present, on motion made, by Clarence Barton, seconded by Ernest Radtke and unanimously passed, Commissioner of Precinct No. 3 was /50 authorized to lease from Richter Swenson a tract of land ~ feet by 75 feet out 01' the north I' east corner of the 2.19 acre tract on the north s ide of the private 50 foot road as per plat of Subdivision of Part of Lot No.3 of the P. A. Swenson Estate, Sam Houston League of Calhoun , County, 'rexas as per plat recorded in Volume H, page 4Lf7 of the Deed Recrods of Calhoun Court y, 'rexas, for a two year term with a twelve (12) year option with right to remove all buildings ana improvements at the end of term or terms for the annual rental of $25.00 per year. It is so I' ordered. - - - - - - - - - - - - - TREASUR~RIS REPORT APPROVED FOR DECE}ffiER . , On this the lOth day of January, ,1955, the Commissioners' Court of Calhoun County met in Regular SessH(n, with all members of the Court being present, Hiss Nary Stephens, County Treas- . " urer, presented -'h!3r report for the month of December, and it hllvingc.been read in open court and the court having duly considered the same together with the exhibits accompanying same, and having the balances compared in the various accounts with those reported by the County Deposi- tory and finding said Report to be correct, on motion duly made, seconded and carried, the Countlf Treasurer's Report for the month of December, 1954, be and the same is hereby approved. TAX ASSESSOR-C OLLEC'fOR I S REPORT' FOR DECEr-lBER APPROVED. I . , At a Regular Term of the COJll.lTIissioners' Court of Calhoun County, Texas, held on the 11th d day of January, 1955, in the City of Port Lavaca, all members of the Court being present, Mrs. C.B.Guidry, Deputy, presented the Tax Assessor-Collectors Report for the month of December, to- gether with the tax receipts and other receipts accompanying same, and finding said report to bE correct and in due form. Thereupon the motion being duly mad"" sec Ol1ded and unanimously carriec it is ordered that said report is hereby approved. TRANSFER OF FUNDS . On this the 11th day of January, 1955, at a Regular Term of the Commismoners' Court of CalhOun County, Texas, with all members of the Court being present, on moti~n duly made, SeCOnd", of $lO,OOO.OC ed and unanimously adopted the County Treasurer was authorized to transfer the sum from the General Fund to the credit of the Salary Fund. I' HOME DEMONSTRATION AGENT On this the 11th day of January, 1955, at a Regular Term of the COmmissioners' Court of 1 Calhoun County, Texas, with all members of the Court being present, on motion duly made, second1 ed and unanimously carried, the resignation of Neva Joyce Hall was accepted with regret and on advice from the ~xtension Service that no person .Jas available for replacement the office shall remain for the time vacant. OLIVIA WHARF . On this the 11th day of January, 1955, at a Regular Term of the COrrmUssioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion duly made by Ernest Radtke seconded by Frank Wedig and unanimously carried, it was ordered that the old County owned wharf' at Olivia, being a hazard and no longer needed for shipping, t hat the same shall be removed and the cedar and crsasote posts and useful lumber be placed on the County ... ".... 84 .). ;.,:~'. ~arehouse yard for use of Precinct No.3 and that the County Judge be instructed to give notice . to 11rs. J. B. Pitts, that she has ten days in which to remove her building and all lumber and decking owned by her now attached to said wharf and dock. . BIDS FOR COUNl'Y DEPOSITORY NOnCE OF BIDS FOR COUNfY DEPOSITORY - TO ALL BANKS, BANKING 'CORPORAUONS, ASSCCIA'l'ICNS OR ( \ ' l \ , l, , \ . t , , 1 I \ I ( ( f 1\' t , , I , l' 1 ~ \ \ \ ~ \ \ t ( I 1 I 1 ~ \ \ \ \ 1 ] INDIVIDUAL BANKERS , 1/, I \ I 'j I \ I 1\ \ t \ \ \ Notice is hereby given that bids will be accepted for a County Depository by the Commission rs' Court of Calhcun County, Texas, at its R:'lgular February Term at 10 o'clock A.H. F'ebruary 15th, .'1-- " , 1955. All Banks, Banking Corporations, Associations or Individual Earners are notified that in . , making such bids for contract for County Depository that part 01' said Funds of said Count y shal , be classified as demand deposits and a part lS time deposits as provided by Arti cle 2546 V.C.S.' . On this the 11th day of January, 1955, at a Regular Term of the Commissioners Court of Cal- houn County, Texa~, WITH all members of the Court being present, on mot~n duly made, seconded and unanimously carried, the above notice was to be pUblished i'or two weeks. It is so ordered. 'I BIDS FOR COUNTY SCHOOL FUND DEPOSITORY . On this the 11th day of' January, 1955, at a Regular Term of the Commissioners' Court of Ca1 houn County, Texas, with all members of the Court being present, on motion duly made, seconded and unanimously carried, the follovling notice is given for County School Fund Depository. . NOTICE OF B~DS FOR DEPOSITORY BANK - TO ALL BANKS, BANKING CORPORATIONS, ASSOCIATIONS OR INDIVIDUAL BANKERS Notice is hereby given that bids will be accepted for a Depository Bank for the County Scho, 1 Funds for the biennium 1955-57, by the Comrrissioners' Court of Calhoun County, Texas, at its Regular February Term at 10:15 o'clock A.M., February 15th, 1955. All Banks, Banking Corpora- I tions, Associations or Individual Bankers are notified that in making such bids f'or contract 1'0 County School Funds that part of' said Funds of said County SChool Fund shllil be classified as demand deposits and a part as time deposits as provided by Article 2546 V.C.S.T. HOWARD G. HAR~l'ZOG Howat'd G. Hartzog, Ex-Of'ficio County Superintendent - - - - - - - - - - - - - DEPUTATION . On this the 11th day of January, 1955, at a Regular Term of the Commissioners' Court 01' Cal houn County, Texas, with all members of the Court being present, Maurice G. Wood, County Clerk, . CalhOun County, Texas, presented to t he Court for their approval the Deputation of' Opal 11. Haye and Wava Schliesing as Deputy County Clerka. After due consideration, on lnotion duly made, seconded and unanimously passed, the Deputations were approved. #' I: ------------ WAIVER STATE OF TEXAS COUI~TY OF CALHOUN ....---=:::=,./''' I, /'"=~- I, the undersigned County Attorney of' Calhoun County, Texas, do hereby acknowledge that the Commissioners. "ourt of the said County has notiried me to file suit for the collection of' del- inquent taxes in said county; however, due to the fact that it would be physically impossible for me to personally f'ile and handle such suits, and at the same time to properly discharge the other duties of my office, and to the further fact that the statutes do not provide adequate compensation f'or a County Attorney to rile and to prosecute suits for delinquent taxes, but do make adequate provisions f'or other attorneys to handle the same, I do hereby decline to file suh . suits and do hereb waive the thirt rovided in Article 7335 Revised Civi ..... r- ,...., 85' . Statutes, and do hereby agree t;ilat the Cummissioner,,' Court of said I",ounty may contract with some other competent attorney to enforc~ or assist in the enf'orcement of the collection of deli'- quent state and County taxes. Witness my hand this, the 1st day of Janu~ry A.D. 1955. COUN~Y OF CALHOUN JACK FIELDS County ,Attorney Calhoun County, Texas STA'l'.l:; OF 'r8XAS I I, Maurice G. Wood County Clerk of Calhoun County, 'fexas, do hereby certify that the above and foregoing is a true and correct copy of a certain waiver executed by Jack Fields, Court y , Attorney, of Calhoun County, as the same appears of record in Volume J, Page 54-85 of' the Minut s or the Commissioners'Court of Calhoun County, Texas. I , Given under my hand and seal of office, this 29 day of January, 1955. (L.S.) MAURICE G. HOOD County Clerk, Calhoun County, Texas ~OLUTION A~l) ORDER On this the 1st day of January, 1955, at a Special meeting of the Commissioners' Court of . Calhoun County, Texas, the,re came on for consideration the making or a contract for the collec- I tion ,of: delinquent taxes" and motion Nas pmde by 01apence Barton, County Commissioner of precin91t NO.4, seconded by Frank ~. We~ig, County Commissioner of Precinct No.1, that ~uqject to approJ by the Comptroller of Public Accounts and Attorney General of: Texas said Commissioners' Court ir behalf' of said County do make m d enter into a contract with Ross 'I'erry, ,a licensed' attorney, j 1'or the latter to collect delinquent taxes in said Count y for 15% of the amount of taxes, penal, and interest collected, said contract to end on the 31 day of Decernber, 195b, with six months thereafter to complete pending suits, requiring said attorney to give bond in the sum of $5,OOOm' , I and to be on f'orms currently promulgated and recommended by the State Comptroller. Said motion being put to vote, it carried by a vote 01' 4 to O. 'fhose voting "Aye" were: Frank E. Wedig" R. F. Kemper, Ernest H. Radtke,Clarence Barton. Those voting "No" were: None It is therefore ordered that said contract be prepared and executed, submitted to the Comp- troller of PubliC Accounts and Attorney General of Texas, and if: approved by them, recorded in the minutes 01' this Court. . HOWARD G. HAR'fZOG, Count y Judge FRAWK E. WEDIG, County Commissioner Precinct #1 R.F.K~1PER, CQUNfY COMMISSIONER, Precinct #< ,ERNEST H. RADTKE, County Commissioner , Precinct #3 THE STATE OF TEXAS ~ I I CLARENCE BARTON, County Commissioner Precinct #4 I COUN'fY OF Calhoun I, the undersigned, County Clerk of Calhoun County, Texas, do hereby certify that the '~ I above and foregoing is a true and correct copy of a certain Resolution and Order, ,of the Com- missioners' Court 01' said County, of record in Vol. J, Page 85, of the Minutes of' said Court;- Witness my official hand and seal this 29 dElY of January, 1955. (L.S.) I1AURICE G. WOOD, County Clerk Calhoun County, Texas. The above and foregoing I-Ie-iver and Resolution and Order was in advertantly omitted i'rom ,t~ Minutes of January 1, 1955, and are hereby corrected. . COUN'I'Y AUDITOR . At the Regular January 1955 term of the Commissioners' Court inand for Calhoun County, . Texas, held in the regular meeting place of said Court' in the County Courthouse in the City: of ... ,..... 86 00-' "'"" ......... ~ t:e N Port Lavaca on the 10th day of January, 1955, with County Judge Hartzog presiding and Commissio - er Wedig, Kemper, Radtke and Barton present, and the County Clerk in attendance, there having come on for hearing the matter of renewing and extending the contract and appointment of' the Special County Auditor, it was moved by Commissioner Barton that the Houlihan Auditing Service be, and they are hereby employed and the auditing contract of the Houlihan Auditing Service is hereby renewed and extended for the term of office beginning January 1st, 19~5 and ending Decem,er . 31st, 1956, and that in addition to the services rendered under previous auditing contracts the I Houlihan Auditing Service agrees to examine and verify all claims pending against the county at each regular term of the Commissioners' Court of Calhoun Count y, Texas. The compensation of said Special County Auditor shall be the sum of Two Thousand Seven Hundred and No/IOO Dollars ($2,700.00) per annum, payable in twelve (IG) equal monthly install- ments of Two Hundred Twenty- Five and NO/lOa Dollars ($225.00) each at the same time !l:l d in the I same manner as all other county salaries are paid, the County Clerk being hereby ordered and directed to issue a warrant on the General 'Fund of 'the County to t he Order of the Houlihan Audi - ing Service in payment of each monthly installment of such compensation as herein authorized, a d the amount' of said compensation is hereby appropriated from the Genera,l Fund of the County and the 1955 County Budget is hereby amended to cover such disbursements. . Motion seconded by Conunissioner Kemper. Question. }lotion carried,. It is so ordered. A'rTES'l' : (L.S. ) HOWARD G. HARTZOG, County Judge in and or Calhoun County, Texa VillURICE G. WOOD, County Clerk and Ex-officio Clerk of the Commissioners' Court, , ' Calhoun County, Texas. (-.. , . " r, , r ,- .' ,<.--....-. fC'OMP:ENSATION OF OFFICERS AND !EMPLOYEES ON SALARY BASIS' At the first regular meeting of the Cornmissicners' Court in and for Calhoun 60unty, 1'exas, I held in the regular meeting place of said Court in the County Courthouse at Port Lava~a, ~exas, on the 10th day of January, -1955, with County Judge Hartzog, presiding, and Commissioners Wedig. Radtke, Kemper and Barton present, and the County Cler~ in attendance, there having come on for - hearing the matter of fixing salaries for the calendar year 1955, it was moved ,by Commissioner Barton that all County officers and their deputies and assist~ts and Constables be compensated on a salary basis and that Justices of the Peace be cor.lpensated on a .sa1ary basis for the - ,- .. ~ .. calendar year 1955,.., 'and, "t hat the -County Clerk be', 'and he is hereby, ordered and directed to fi e a certified copy of this order with the State Comptroller of Public Accounts at Austin, Texas, n . or before January 31st, 1955. Motion seconded by Commissioner Kemper. Question. Notion carried. It is so ordered. ATTEST: HOWARD G. HARTZOG County Judge in and for CalhGlln County, '.rex s. MAURICE G. WOOD, County Clerk and Ex-Officio Clerk of the Commissioners' Court, Calhoun County, Texas. I r r-- ~ SALARY SCHEDULE FOR 1955 , ,,' WHEREUPON, it was moved by Conunissioner .Barton that the following County, District and Pre- cinct ufi'icers be compensated for the calendar year 1955 in the amounts and out of' the f'unds set opposite ~ach sa~d officer: Fund: County Judge $46tl7.50 Off'icers' Salary County Clerk 46tl7.S0 II II . , Tax Assessor-Collector, Sherifi' 4btl7.50 11 tl , , County Attorney 4000.00 tl II ; , District Clerk 1400.00 " II - County Treasurer 2700.00 " " .... ,. 87 - Justice of Peace, Pro # 1 Constable Precinct No. 1 $2400.00 1200.00 1200.00 1200.00 lCJ75.00 1200.00 1200.00 1200.00 Officers.1 Salary . - Justice of Peace, Pro # 3 Justice of Peac~, Pro # 4 Justice of Peace, Pro # 5 " " - II " - " It II - II Constable Precinct No. 3 " It I Constable Precinct No. 4 Constable Precinct No. 5 , II It , " , " THAT all said salaries shall be paid out of the designated i'unds of the County in twelve equal monthly installments not later than the last day of each calendar month of 1955. Motion seconded by Commissioner Kemper. I Question. Motion carried. It is SO ordered. - - . WhGnBUPUN, it was moved by CODMissioner Barton that each of the four (4) County Commis- sioners be compensated at the rate of Four '['housand Fifty and No/IOO Dollars (~?4050.00) per annum for the calendar year 1955, said compensation to be payable in twelve equal monthly in- Road.. and Bridge Fund stallments three months out of the General Fund of the County and nine months out of the Road and $50.00 per month for each Commissioner for in-County Travel Expense to be paid out of the/ and Bridge Fund of the County/not later than the last day of' each month. I,jotion seconded by Commissioner Kemper, Question. Motion carried. It is so ordered. - - WHG~EUPON, it was ffioved by Commissioner Barton that the following appointive officers and employees by compensate~ for the calendar year 1955.in the amounts and out of the fUnds hsrein designated: I General General County Agricultural Agent (White) Home Demonstration Agent (White) stenographer for County Agent Special County Auditor $1900.00 1350.00 1500.00 I I I General General County Health Officer I I I i I : eq~.~~ monthly installments : in the calendar year 1955. 27,00.00 General Jury Stenographer for District Attorney 912.00 General County Service Officer Janitor ,900.00 Permanent bnprovement 2400.00 . THAT all such salaries and compensation shall be paid in twelve out 01' the fund ,designated not later hhan the last day of each month Motion sec~nded by Commissioner Kemper. Question. Motion carried. It is so ordered. - - - - I I emp1o:5 ~I WHEREUPON, .it was moved by Commissioner Barton that in the matter of authorizing the I ment of deputies, assistants and clerks by the following officers and fixing the maximum compen- sation that muy be allowed said authorized deputies, assistants and' clerks and the Court having considered the applications filed by the various officers, that the Tax Assessor-Collector be authorized to employ the following deputies: One Chief deputy ~ not to exceed $3400.00 per annum; 1 deputy at not to exceed $3000.00 per ~nnum; 1 deputy at not to exceed$2bOO.OO per annum; 1 deputy at not to exceed ~2400.00 per annum; 1 deputy at not to exceed $2400.00 per annum; I I I I THAT the Coun?y Clerk be authorized to employ a Chief Deputy at an a~nual compensation of not to exceed ~~2'7U?OO and the following other deputies: 1 deputy at not to exceed $2400.00 p~r annum; 1 deputy at not to exceed $2200.00 per annum; That the District Clerk be authorized to employ one Deputy at annual crnlpensation of not tc . ... ,... 88 \ - exceed $2400.00; THAT the County Judge be authorized to employ a stenographer at an annual salary of not to exceed ~~2000.00; THAT the Sheriff be authorized to employ the follo\,Jing deputies: One Chief Deputy at not to exceed $4000.uO per annum; 1 deputy at not to exceed $3300.00, per annum; . 3 Deputies at not to exceed $4bO.00 each per annum; THAT all deputies, assistants, clerks ahd stenographers authorized herein shall be compen- sated in twel'i.re equal monthly installments payable out of' ,the Officel's' Salary Fund of the Coun not later than the last day 01' each month of' the calendar year '19.=>5. THAT. each of the officers named herein shall f'ix the compensation of the Chief' Deputy and the other deputies, assistants and clerks authorized for his department within the maximum fixed in this order and when authorized by the Commissioners' Court, shall be allowed to employ 'extra help in emergencies at the rate of $b.OO per eight hour working day. 'i'HNr the officers named herein shall furnish the County Clerk on or before the last day of each month the names of the Chief Deputy, other deputies, assistants, stenographers and clerks who were employed by them during that month, giving the length of time each was employed, the position held, the rate of' pay and the amount due for each said month, and shall see that the necessary exemption certificates and other information are furnished the County Clerk so that proper deductions can be made and records compiled for the Federal Withholding Tax. Each office shall promptly furnish all information 'necessary to the County Clerk for pay roll purposes when and employee leaves his department and whenever any new employee or extra he If is hire. Motion seconded by Commissioner Kemper. Question. Motion carried. It is so ordered. - WHEtiEUPON, af'ter due consideration by the court, it was moved by COIlunissioner Barton that the Camlllssioners' Court authorize the following allowances and reimbursements for traveling expenses and automobile depreciation: 1). :L'he Sheri,ff shall be authorized to use 7 automobiles in carrying on the duties of' his offic during 1955. Two of these automobiles shall be owned by the county and th~ County will pay all operating and maintenance costs oi' such automobiles upon presentation of properly item- ized claims approved by the Court. For the use of individually owned automobiles the Count will pay.the following travel allow'ances: 1 auto owned and operated by the Sheriff $1,200.00 per annum bOO.OO I bOO.OO \, bOO.OO 900.00 1 auto owned and operated by Deputy Sheriff 1 auto owned and operated by Deputy Sheriff 1 auto owned and operated by ~eputy Sheriff 1 auto owned and operated by Deputy Sheriff All operating and maintenance costs of the automobiles owned by the County and all travel a1lO\>Jances for the use of privately owned automobiles shaLl be paid out of the Officers' Salary Fund monthly. 2). Each member of the Commissioners' Court shall be authorized to file claims and be reim- bursed for all actual arid necessa'ry expenses incurred by him while_on'=orficial business out side of the county in a sura not exceeding $3UO.00 per 'annum tobe paid out of the County General Fund. 3). The County Farm Agent and County Home Demonst~ation Agent will be allowed for,traveling expenses and depreciation thef'ollowing sUms to be paid monthly out of' the County General Fund: County Agent Travel Allowance $800.uO 500.coo Home Demonstration Travel A110wsnce , , Motion seconded by Commissioner Kemper." Que,stion. Motion carried. It is so ordered. '-- -~",._' WHEREUPON, it was moved by Commissioner Barton, seconded by Commissioner Kemper, that OUl)t;j; Comm.i.s.tioller ,led;€: be 8'"ct8d '''' c..OJ.1l'1ty .TllcJe;" n"''' temJ20re to preside over the COllJill' ~ . . I 00-' ~ i:.,q to N . I I . I . I r- .... 89: Court at its regular and speci a1 meetings in the absence of' the County J'udge. . ~uestion. Motion carried. It is so ordered. COHHISSIONi>"RS On this the 11th day of January, 195;;, at a Regular Term of' the Commissioners' Court of' Ca"houn County., .Texas, l-lith all member's of the Court being present, on motion made by Clarence I Barton, seconded by Frank Kempe~, and unanimously adopted, it was ordered that all County owned , vehicles and heavy road equipment entrusted w~th each County Co~issioner, be marked with signs showing the Department of the County and the Csunty Judge was instructed to secure stencils :for tqe .convenience of each Co)"missioners Precinct. I WA'l'ER HlPHOVEl'1EN'f On this the 11t h day of: Janu'ary, 19.55, at a Regular Term of: the Commissioners I Court of Calhoun County, Texas, with all members of the Court being present, on motion made by Clarence Barton seconded by Frank Wedig, and unanimously adopted, the twenty acre tract of land owned by , Calhoun County in t he Narciso Cavassos League was authorized to be included in the part of' Cal- . houn County Navigation District for irrigation and the County Judge was authorized to e:xecute such. agreement. .- - - -, _.. - - - - - - - - - FIRST SPECIAL FEBRUARY TERM HELD FEBRUARY 10, 1955 I THE STATE OF 'rEUS t I COUN'l'Y OF CALHOUN I .. BE IT R~~1BERED, that on this the lOth day of February, 1955, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and state a Special Term of the Com- , missioners. Court within and for said County and state, same being the First Special February Term 1955, and, there were present on this date the !"ollo\-iing officers of the Court, to-wit: HOWARD G. HARTZOG, pounty Judge FRANK E. WEDIG, Commissioner Pro 1 MAURICE G. WOOD, County Clerk ERNEST H. RADTKE, Commissioner Pro 3 R. F. KEl1fER, Commissioner Pro 2 CLARENCE BARTON, Commissioner,Pr. 4 . WHEREUPON t~e following orders were made and entered by said Court to-wit: / - -.- - -.- --- - - _.- _. _.- ROADS - RIGHT OF WAY I," ., -'. '.',' "-,.'. On th~s the 10th day of February, 1955, at a Special Term of the Commissioners' Court of I , , Calhoun County, Texas, with all members of the Court being present, on motion made by Ernest Radtke, seconded by Frank Kemper, the Court authorized the Commissioners. of Precincts Nos. 1 an 4 to offer and pay the sum of $100.00 per acre f:or right-of-way required by the State Highway .Department on Highway No. 238, from State Highway No. 316 to State Highway No.185. Pass unanm- mously by the Court. It is ,so ordered. I - - - - - - - - - - - - - CIVIL DEFENSE On this the lOth day of ,February, 1955, at a Special Term of the Commissioners' Court of . , Calhoun County, Texas, with all members of the Court being present, on moti~n made by Clarence ~arton, seconded by Frank Kemper and unanimously passed, the Civilian Defense participation on radio equipment as authorized by the Court on November 8, 1954, has been accepted by the State Civilian Defense Department and that agency has agreed to pay one half ,of the costs thereof, :therefore, the payment of the County's share in the' amount of $2,427.94 is hereby approved. ij - - - - - - - - - - - - - , II.. .... ,... 90 ~l ~ eo I N' COUNTY CLERK On this the lOth day of February, "1955, at a special term of. the Commissi oners' Court of .' ", Calhoun County, Texas, wi th all members of the Cou,rt being present , on recommendation made by the County Clerk, that the trial period on the use of Photo Recording Equipment has proven that the same is more efficient and gives the pUblic more accurate and quiCker service at a reduced cos~ to the County, and that bids be duly advertised for a letting on March 14~h at 10 a.m. for the pur- chase of a 16 mm camera' and stand attachment for photo recording. Motion made, and seconded and.. unanimously passed' by the Court. 'It is so ordered. NOTICE TO BIDDERS ----- Take notice that .1 sealed bids addressed to the undersigned willbe received by the Commissioners' Court, in the Courthouse ~,n,!ih!!,Gi~y of Port Lavaca"state of Texas, County of Calhoun, until 10 o'clock A.m. on the 14th day of March, 1955, for the following de'scribed equipment for use by the County Clerlt 1 of Calhoun County, Texas. Photostat and/or Photograph Recording unit consisting 6rstandwith four 300 watt lights, automatic focus adjuster, cronera support with mounted lenses, Ip mm camera equipped for daylight loading and unloading, assembled exposure meter and voltage meter with rheostat controls. A certified check in the amount of five percent (5%) of the amount of bids must accompany each bid. '. The Commissioners' Court reserves the'right to reject any or all bids or parts of bids. , , - _.- .- .- - - .- .- --- -- - - .- - , IREGULAR FEBRUARY TERM I HELD FEBRUARY 14 AND 15, 1955 THE STATE OF TEXAS I I COUNTY OF CALHOUN I BE IT REMEMBERED, that on this, the 14th and 15th days of February, 1955, there was begun ani I holden at the Courthouse in the City of Port Lavaca" said County and State a Regular Term of the Coll1l1lissioner.s' Court, within and for said County and State, same being the Regular February ,Term 1955" and-t rere were present on this date the following, of,ficers of the Court, to-wit:", HOWARD, G. HARTZOG"County Judge , FRANK E. WEDIG, Commissioner Pro 1 R~ F. KEMPER, Commissioner Pro 2 MAURICE G. WOOD, County Clerk . ERNEST H. RADTKE,' Commissioner Pro 3 . CLARENCE BARTON"Commiss1oner Pro 4 WHEREUPON THE FOLLOWING ORDERS WERE MADE AND ENTffiED BY SAID COURT, TO-WIT: . - _.~ -...-.. -.. -- -." - . --' -'- -- - -- -'~ - ,COUNTY DEP OSITORY On this the 15th day of February, 1955, at a Regu1ar.Term of the Cowmissioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion made by Clarence barton, seconded by Frank Kemper the Bids of the First State Bank of Port Lavaea, Texas, as I . County Depository was ordered accepted, ~ithinterest at the r,ate of ,t of 1% per annum to be paid m~nthly based upon .the lowest monthly balan~e in any fund. Order passed unanimously. 'I ---------- . DEPOSITORY - SCHOOL FUNDS On this the 15th day of February, 1955, at a Regular Term of the Commissioners ',(~ourt of I , falhoun county, Texas, with all members of the Court being, present, on motion made by Clarence Barton, seconded by Frank Kemper the bids of the First State Bank of Port Lavaca, Texas, as I repository for County SChool Funds was_o~d:r:d_a:c:p:e:._ :o:ion passed unanimously. . TREASURER'S REPORT APPROVED FOR JANUARY . On this the 14th day of. February, 1955, the Commissioners' Court of Calhoun County. met in . regUlar Session, with all members of ,the Court be1.ng present, ,Miss Mary Stephens, County TreasureiF j l ,.. 91 ..., I I I '. presented her report for the month of January, and it having been read in open Court and the Court having duly considered the same together with the exhibits' accompanying same, and Having the balances compared in the various' accounts with those' reported by the County Depository and finding said Report to be correc, on motion duly made, seconded and carried, the County -" - - - - - - -- - - -.- - Treasurers " I I I , Report for the month of January 1955, be and tre same' is hereby approved. I TAX ASSESSOR COLLECTOR'S REPORT FOR-JANUARY APPROVED " At a Regular Term of the'Commissioners' Court of Ca1houniCounty, Texas; held on the 15th day of February, 1955, in the City of Port Lavaca, all members of the Court being'present, Mrs. C.B.Guidry, Deputy, presented the Tax Assessor-Collectors Report for the month of' January, to- I gether with the tax receipts and other receipts accompanying same, and finding said report to be correct and in due form, Thereupon the motion being duly made, seconded and unanimously carried it is ordered that said report is 5.ereoy"approved.': - - - - - - - - - - - - - -- MAPS - SUBDIVISION PLAT OF RICHARD, CALLENDJERS SUBDIVISION . ~ - - . , " .' On this the 14th day of February, 1955, at a Regular Term of the Commissioners' Court of Calhow County, Texas, with all members of the Court being 'present on t his day, the:-e came on for con- sideration the approval of the P~at of Richard Callenders Subdivision. On ~otion duly made by Clarence Barton, seconded by Fr,S1nk Ke!llper..apd,Ul1animousJ.y_adopted, the Plat of the said Ric[rard Cal1enders Bay Front Subdivision of the 8 acres out of the Jose' DeLa Fuentes Survey of Calhoun I County, Texas, adjacent to Block 147 of the City of $eadrift" TeJCas, was ordered approved and filed for record in the plat R~cords of Calhoun County, Texas. , I HOSPITAL INSURANCE , , On this the 14th day of February, 1955, at a Regular Term of the Commissioners~ Court of . , - Calhoun County, Texas, with all members of the Court bein present, On motio~ made by Frank ~ed~g seconded by Ernest Radtke and unanimously adopted, the following resolution was made as follow's: That, whereas, since rebuilding costs have increased some 21% that the fire insurance pol- icies expiring on February 17, 1955, be re~ritten after re-evaluation as to proper'insureable value and that the total amount be divided into six parts and that the fol19wing local agenc1'es be requested to write policies therepn. Moore & Canion, D. D. Boyd, Mrs. Lois DeShazor, Alton W. White, Richard Ryon', Carter Insurance. Be it further ordered that a Fire Insurance Rating Engineer be requested through such agents to make a re-evaluation, which report_shall be filed by the County Clerk for the consid- eration of this Court at its next meeting. I' That the above agents be requested to write.thir~y-day binders on $150,000 Building and ~.50,000 contents pending final re-evaluation and the issuance of new policies. --------- .- - .... .. - - . PAUPERS I On this the 15th day of Febru~ry, 1955, at a_Regular Term of the Commissioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion made by Ernest Radtke, seconded by Clarence Barton, that Richardson Funeral Home handle all pauper funerals at the Victoria cost was unanimously adopted. ,. COUNTY JUDGE . On this the 15th day of February, 1955, at a Regular Term of the Commissioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion made by Clarence Barton, seconded by Frank Wedig and unanimously carried the County Judge wa~ authorized to be ..,j ,...- 92 00-' ,...,... pr.~'.... . ~ tt'J N - .--. --- -- -- absent from the Court from time to time whenever County OJ;' personal business demanded" not in excess of thirty days during the year. . COUNTY AUDITOR On this the l.5th dal of February, 195.5, at a Regular Term of houn County, Texas, with all members p~,the Court b~ing present, the Commissioners' Uourt of ca]r on motion made by Clarence BarJon seconded by Frank Kemper, and unanimously carried, all bills o:f accounts, and claims against the County be on itemized state,ment to be paid monthly except precinct labor and trucking to be paid I bi-month1y, that all expenditures :for pauper be on authorized requisitibnnsigned by the individual cpmmlssioners, the County Judge, County JUdge's ~ecretary when authorized. That the County Judge or presiding officer on request of any commissioner be authorized to I render for immediate payment, emergencY3purchases for parts aad labor. I ------- COUNTY FUNDS On this the 15th day of February, 1955, at a Regular Term of the Commissioners' Court of Ca]- houn County, Texas, with all members of the Court being present, on motion made,.:.sec,onded and" unanimously carried, the figures on reallocation election were unanimously adopted as follows: Jury .Ol~ Road & Bridge .24~ General .30~ .25~ . Permanent Imp. COUNTY ATTORNEY At a Regular Term of the Commissioners' ,Court of Calhoun County, Texas, held on the 15th da~ of February, 1955, with all members of the Court being present, on mot~n made by Frank Kemper seconded by Ernest Radtke, ana unanimously adopted, the request of the County Attorney additiona~ I' of:fice space be made available in the Courthouse for a County attorney's office in the commissidhers' Court and County Court 'Room, which is now jointly used by the Court , the State Department of \ W~lfare, Red Cross, Social Security Administration, State Employment Commission,'County Auditor, :Drivers License and as a County Library be denied at this time and that adequate provisions be made if and when a new court house is planned and that in the meantime that such office be continued up stairs either in the ju~y room or northwest office at the head of the stairs, and that he be authorized to remove the materials therefrom to the Clerks extra volt up stairs. - - - - - - - - - - - - - - . ROADS - MAINTENANCE 'Six Mile Highway , on this the 15th day of February, 195.5, at a Regular Term of the Commissioners' Court of Calhoun ~ounty, Texas, with all members of the CoUrt being present, on motion made by Frank , Kemper, seconded by Frank Wedig, and unanimously adopted, the County Judge was requested to make a request to the State Highway Department to take over and maintain 8/l0th of a mile on 'I , Farm to Market Highway No. 234, now in bad state of repairs. - ,$ -...------------ r','~ "! , ~-_. -..<-.- '" ".' c.:. '..i'l,: ~ /r-- '. ": ~.'t , I, -,.- ....-'-. , "" ""l . ',,~' :; " " .' -" ~ L '" ,~..,. , " --.'~ :: t;(' ....i.t~,.ia:.\. 1.:- . .;' ~ .-",-... ::..:- :, -- ~ '", ',._. ':.:C '. ~ '-".l.- '. '.1"-,- .'~' '. 1 .'.J ~ ,- "" f- . .... ,.. ;! 93'''' APPOINTMENT OF ELECTION OFFICERS . On this the 15th day of February, 1955, at a Regular Term of the Commissioners' Court of Calhoun County, Texas, all members of the Court being present, on motion made by Ularence Barton seconded by Frank Kemper,. the following e1ecti on judges were appointed for the following fifteen voting pre'cincts 'of' 'C'alh'oun 'C'oim'ty, Texa's', and unanimoLlsly carried. I VOTIBG , : C VOTING PLACE PRECINCT ELECTION JUDGES 1 Port Lavaca Courthouse Mrs. , Charles Moore, Jr., Pres. Officer Mrs. lIiala Pennington Nrs. Rowland 'Harvey l'irs. Joe Peters 2 Chocolate Joe Brett Residence I 3 Six Mile School House " Joe Brett, Pres. Officer, Louie Foester, Jr. , ,.. Robert.Meyer, Presiding Officer Ernest Kabela Walter Hengst Peter Pfieffer 4 Olivia School Mrs. G. D. Swenson, Pres. Officer Mrs. A. N~ Smith 5 . 6 Boyd ;:)chool J. E.,Levingston, ties.- .. Magnolia Bea'ch Mrs. C. E. Sachrison, Res. Long Mott School House Mrs. E. S. Sanders, Presiding Officer ,Mrs. J. E. Levi!1gston Mrs. Joe MolInar, Presiding9Jficer Nrs. C. E. Sachrison Mrs. Louie Walker, ?res. Ufficer l'~s. ~. D. Fitzpatr'ick 7 8 , Seadrift School/House Mrs. Laura Snook, Presiding Officer Mrs. Bertlow Bindewa1d Mrs. Pearl Bindewald Mrs. W. C. Hawes 9 Kamey, J. W. McKamey, Res. J. W. McKaney, Pres. Officer Mrs. J. W. McKamey -I 10 Port O'Co~or School Houset 14 Point Comfort . Mrs. L. W. Hawes, Pres. Officer Mrs. Grady Malone 'Mrs. Home'r Clark Mrs. How~ Stapp Mrs. J. C. Williams,' Presiding Officer Mrs. R. W. Whatley Mr,s.W~' L. 110pr,e;, Presiding Offj,cer Mrs. C. L. Cobb' , Mfs. Dick Thayer,' Presiding Officer Cecil,BHlke Mrs. George A. Rhoades Mrs. Owen Smith, Jr. Mrs. M. M. Little, Presiding Officer Mrs. Ben Thomas Mrs. L. E. Gross Mrs. Floyd Forrest Carl P art10w, Presiding Mrs. Ralph Powers Mrs. A. L. Burris ' Mrs. Doyle McGinnis Officer 11 Gr\?en Lake - "Mormani,Gfil-Office 12 Heyser - Humble Office", 13 Port Lavaca . 15 West Side E1em. School 1 - - .... - -' .. -- -. .- -- ,I . ...,j "..... 93"cv -, g;1 ~ I ~ N . ( REGULAR MARCH TERM THE STATE OF TEXAS ,I I COUNTY OF CALHOUN I BE IT REMEMBERED, that on this the 14th day of March 1955, there was HELD MARCH 14, 1955 / . begun and holden at the Courthouse in the City of Port Lavaca, said County and I , State a Regular Term of the Com1ssioners' Court within and for saiQ County and State, same being the Regular Term 1955, and there were present on this date the . following officers of the Court, to-wit: Howard G. Hartzog, County Judge Frank E. Wedig, Commissioner Pro 1 R. F. Kemper, Commissioner Pro 2 Maurice G. Wood, CountyClerk 1 , Ernest H. Radtke, Commissoner Pr.3 Clarence Barton, Commissioner Pro 4 . , WHERUPON the following ord~rs were made and entered by said Court to-wit TREASURER'S REPORT APPROVED FOR FEBR~ARY ON THIS THE'14th day of 'March, 1955, the Commissioners' Court of . , . Calhoun County met in Regular Session, with all members being present, Miss Mary Stephens, County Treasurer presented her report for the month of Feb- ruary, and it having been read in open Court, and the Court having duly con- sidered the same together with the exhibits accompanying same, and having the baiances compared in. the various accounts with those reported by the County Depository and findi~g ~ai~ Heport to be correct, on motion duly made, sec- 9nded and carried, by the Qounty Treasurers' 'Report for the month of Feb- ruary 1955, be and the same is hereby apporoved. I' TAX ASSESSOR COLLECTOR'S REPORT FOR FEBRUARY APPROVED At a Regular T~rm'~f the Commissioners8 Cou;t of Calhoun County, Texas, held on the 14th day of March, 1955, in the City of.Port Lavaca, all . , mambers of, the Court being',present, Mrs. C. B. Guidry, Deputy, presented the Tax Assessor-Collec~ors Report for the month of February, together with the tax receipts and. other, receipts and other receipts accompanying same, and finding said report to be correct and in due form, Thereupon the mothion being duly made, seconded and unanimously carried it is ordered 'that said report is hereby approyed. . ------ - ..' .- "'!.- -- I: PETITIONS-- GROUP ,INSURANCE At a Hegular Term of the Commissioners' Court of Cal~9un County, Texas, held on the 14th day of March, 1955, with all members of the Court being present, a discussion of Group Insurance for county employees was held by Leo Westerholm asking 25% County participation. 1 -: j On motion made and seconded it was ordered to be held under advise- ment until the next rugular,'Jl1~e~irig. --- ---- - .. - .:-'",:~0-:- ',: ~, ','\}.""',r . ,~.'~""'~' ,,-', "," -.",.: i"'; .;-.,.~;"~ e': .,~_..,~ "Om, -,0:""" .J...,~,..,.-.. '-. -- -~-^'-~ -','-."- r -,' . ~ ,_ . '. ....' . .._ _ "_,'_'~_'_A" ~ ... I ,.. .., 93~ r . \ I COUNTY JUDGE--SECRETARY TO COMMISSIONERS 1 COuRT AND COUNTY JUDGE On this ~he 14th day of Ma~ch~ 1955: at aReg~lar Term' of the Commissioners~ Court of Calhoun County, Texas, with all members of the Court being present; wheras it was called to the attention of. the Court that Mrs. Dorotny Woody, w,as leaving to joi~ her husband over seas in the Army, with the expectations I . of returning in December of 1955, thereupon, ~ motion was made by Clarence Barton and seconded by ~. F. Kemper, that Mrs. Woody'be granted a' leave of absence and Mrs. Melody Fisher was employed as'a replacement 'at a salary of , One Hundred and Seventy Five (175 ~OO) Dollars per month, beginning at the day of termination of Mrs. Woody, but to begin training under Mrs. Woody, and be paid at the rate of Six'(6.00) Dollars per day during such training period. . *- - - - - - - - - - - - - - - I COUNTY CLERK EQUIPMENT " ,'."',' ON THIS THE 14TH DAY OF MARCH, 1955, at a Hegular '1'erm of the Comm- issioners Court of Calhoun County~ ~exas, with all members of the pourt being present, the b~~of Recordak, being the only bid filed by 10 A. M., on the 14th day of March: 1955: the day and hour-as provided by said notice to bidders, was ordered accepted and the Clerk 'instructed..,to pay to Recordak-.' , (2,366,15) the sum of Two Thousand ~hree Hundred and Sixty ~ix~ollars and fifteen Cents, and to return the good faith check. --------- ------- HOSPITAL BOARD On this the 14th day of March, 1955,' at a hegular '1'erm of the Comin- issioners Court of ~alhoUn'County,-Texas: with-all-members of the Court . , being present, whereas the attention of the Court being called to the vacancy on the County Hospital Board has not been filled and that a board ~""'-,; ''1, ~..:e-e;r- , r~S>'-: , of six memb~rs~created a difffuculty of securing a quorum of four and that by increasi~g the membership from'six to seven that it would be of assist- ance. I Therefore on motion made by Clarence Barton and seconded by Frank is " Kemper, it/ordered the Calhoun ~ountyMe~9rial Hospital Board shall here- , .. 'upon consist of seven members and thatW. C. Regan be appointed to fill the vacancy caused by the'~ death, of', T .G. Harris and that R. M. Ryon of Seadrift be appointed as the new member for a one yeaIl"\~1anning March 14th, 195'5. - - - - - - -~- - - - - - - - I County PhysiCi:an On this the 14th day of March, 1955, at a Hegular ~erm of the Comm- issioners' Court of Calhoun County, Texas, with all members of the Court being present, on a motion made by :Frank Wedig and seconded by Ernest , Radtke, Dr. S. W. Lester'wasappointed County Health Officer of Calhoun -. County~ retroactive to January 1st, 1955. Motion passed unanimously. - - - - - - - - - - - - - - - - .. .... ,... 9:3-'~ .., \ . OLIVIA WHARF On this the 14th day of March, 1955 at a Regular Term of the Commissioners I ,Court of Calhoun County, Texas, with all members being present, on motion duly made, seconded and unanimously carried a resoluti'on was adopted as follows: t f I Mr. & Mrs. J. D. Pitts Route 3 Port Lavaca, Texas Notice is hereby given that the Commissioners'Court of Calhoun County on the 14th day of March, 1955, unaninously adopted the' following order: BE IT RESOLVED, that whereas, The Commissionerst Court of Calhoun County , has heretofore notified Mr. & Mrs. J. D~ Pitts, of the' terminatIon of his lease right as to buildings or property owned by him adjacent to the OliVia County . . I 'J Wharf and whereas, such order had not been obeyed, therefore, be it ordered that Mr. Jack Fields, County Attorney, be instructed to proceed immediately to have the same removed and the continued use of said wharf abated byany - - - .. .... - - .... - - - - - - - . provision of law as the same man require, and, Commissioner Ernest Radtke be authorized and instructed to proceed to \ diamantle s~id wharf and to pullout or cut down the :pLling suppor~ing the same before the, end of thirty(30)days from this date , . - - - - - - - - - - - - - .. - - - '- _. -- COUNTY JUDGE AND COMMISSIONERS' ASSOCIATION On this the 14th day of. March, 1955, at a Regular Term of the Commissioners' Court of Calhoun County, Texas with all members being present, on motion by Clarence Barton and seconded_bl ~r~~ ~e~i~ ~n~ ~~n!mpusll carried, the re- quest of the Association for proportionate part of expense in the sum' of I" fifty (50.00) dollars was ordered paid. ---------.-..--. - ALAMO BEACH PARK t On thi~ the 14th day of March, 1955, at a Regular Term of the Commissioners' Court of Calhoun County, Texas, with all members being present, on motion made by Fr~ Wedig and seconded by Clarence Barton, and unanimously car;~~d. Frank . .' -. Wedig was authorized to make the requested improvements as to the public park at Alamo Beach, and letter of intent is as follows; Port Lavaca, Texas March,8, 1955: ' I Letter of' Intent Comrnissioners"Court Calhoun County,Texas Gentlemen: \ The writer respectfully requests permission to do the following: 1. Permission to develop for ~he Public's use a section of the beach - . at Alamo Beach; I '. 2. Jackson, Lavaca, Jefferson Parks tOt b'e' cleaned 'ald table and: bar- becue pits put below the ~l~ff; t 3. A pier for swimming purposes in fromt of same, about 150 feet more or less; " :'1' ,,;.t ',) ~l_~';', ',' ~:..: ~ " " -; i.: .' '. '. '_ L _._ , ':3;' t . ~- ,-. ,1': ',":: ;:,; ': ~.' '.; l,~... _' ~hJ ,_ ~'i , , ..'~!...' '.. ,- '. ---~~.' ..\ '.~.. !,.. ... ~H' "~_,...' .'.. '- " ~: C _~L.r;.); l ,... 9_:3.-d . ',. -, 4. A boat ramp down to beach at same; I ., '_'L.., ,~ All expenses to be borne by the undersigned, except small assistance by county with equipment to clean beach and build boat ramp. Yours very truly, '-' JOHN C. BUTLER : 'J ohn C. Butler I - - - - - - - - - - - - - - - Minutes ot.~previous meeting were read and approved. - - - - - - - - - - - - - . CALHOUN COUNTY MEMORIAL HOSPITAL BOARD APPOINTING MEMBERS OF BOARD ., ' , On'this the14thd~y' ~f March, 1955, at a Regular Term of the Commissioners' Court of Calhoun County, Texas, with all members being present, it being called to the attention of the Commissioners' Court that all the terms of the members of the Board of Managers of the Calhoun County Memorial Hospital had expired, that since March 14th, 1954,'John J. Faubion, JOhn,Sterling, and T. G. Harris Jr., I , , - have served as hold over off~cers, and th~t they are hereby appoin- ted for a term to expire March 14th, 1956. -, That for the two year term beginning March 14th, 1955 the fol- lOWing members are appointed for terms expiring March 14th, 19~]: T. A. McDonald, D. D. Boyd andF. E. Rogers. - - - - - - - - - - - - - - - - - '. \ , I , , I " ~'" '. II II .... ...o1Il ""-93E , 00 ~ ~ l:l:l N_ , ~I = ,. .. .~., . 'I, I . , , . '. I ,. . I , I / ~;~"'-. '." Ii l ....,j 9/j ., ". I ,J' " " ! .;; ,.. \ i /-' _. K .!.' , It. OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS FOR THE STATE OF T~XAS AUSTIN, TEXAS INSTRUCTIONS NECESSARY FOR MAKING DELINQUENT TAX CONTRACTS UNIFORMITY OF MOST IMPORTANCE All contracts for the collection of delinquent State and county taxes should be uniform in make-up and executed in triplicate, or in I quadruplicate if fourth copy is desired. The Comptroller's Department keeps a mimeographed supply of the form of contract prepared under the direction of the Attorney General and the Comptroller, and counties desiring to enter into such contracts are requested not to present typewritten copies for approval, but to secure and use mimeographed copies of our latest revised form which will be furnished from this I office. It is only after the Commissioners Court has given thirty (30) days written notice to the County Attorney, or to the District Attorney in case there is no County Attorney in the county, to file delinquent tax suits, and the failure of said Attorney to do so within said period, tha~ the Court has authority to enter into a contract pertaining to the oollection of delinquent taxes, unless the County or District Attorney, as the case may be, should waive his right to the thirty days ,notice. Th1s same procedure 1s required to be carried out in case of any extension ,or renewal prolonging the contract. If a waiver is given, a .1 contract may be entered into without awaiting the thirty-day period. In case the Attorney is not in a position to comply with the Court1s order, and fails or refuses to file written waiver'and a contract is entered into after the expiration of thirty days, a certified copy of the order of the Commissioners Court directing the County Attorney to bring suit, together with a certified copy of a subsequent order of said Court showing that the County Attorney had failed, orrefuaed to comply with the Court's former order, should accompany the contract when sent for approval. 'Condition No.1, or No.2, 1n the first paragraph of this contract should be struck out, according to whether waiver is, or is not, given. The State OtfiCials much prefer a waiver, for the reason it indicates ,I t; L r- QS c- < - cooperation and harmony among the county ofq.cials, which is essential to'obtain best results. A form of waiver and of resolution and order has been prepared for the accorrunodation of. the County Attorney and the Commissioners Court, respectively. Copies of these forms will be furnished with the contract forms and can be used if desired. THE DATE OF THE WAIVER I. SHOULD BE ON OR PRIOR TO THE DATE OF THE CONTRACT. THE DATE OF CONTRACT SHOULD BE ON OR PRIOR TO THE'EFFECTIVE OR BEGINNING DATE OF SERVICE. OTHERWISE THE CONTRACT WOULD BE RETROACTIVE AND APPROVAL DECLINED. I When a waiver from the County Attorney has been given and a resolution and order of the Commissioners Court made preparatory to entering into a delinquent tax contract, BOTH THE WAIVER AND THE RESOLUTION AND ORDER SHOULD BE RECORDED IN THE MINUTES OF THE , COMMISSIONERS COURT AND A CERTIFIED COPY OF EACH SHOULD ACCOMPANY COPIES OF THE CONTRACT WHEN SENT TO THIS OFFICE FOR APPROVAL. The contract should not be recorded until after its approval by the State officials. After approval of the Attorney General and the State Comptroller has been noted on all three copies of the contract they will be returned,' one of which should be recorded in the Minutes of the Commissioners I Court, and the County Clerk's certificate noted on all three copies. One copy should be returned for Comptroller's files, one copy retained by the party with whom contract is made, and the other delivered to the County Tax Assessor-Collector. Additional copies will be furnished I upon request if desired by the Commissioners Court or by sureties on bond. No contract pertaining to the collection of delinquent taxes can extend beyond the administration of the Commissioners Court with which it was made, except the contractor shall be allowed six months'thereafter, in which to obtain judgment in suits filed prior to the terminating date of his. contract, with the further exception that in case of appeal by any party from a trial court judgment it shall be the dutv of Second Party to carry to final conclusion all suits th~s appealed. I -~ HLB:isg /- d /' "" ~-~ , p -- --/ yP' ~==-~- ROBERT S. GALVER'l' ~~, Comptroller of Public Accounts I , ~ ..t. I Paragraph I I 2 3 '4 Section. I II III , IV V VI- VII I VIII IX X XI XII XIII XIV XV I I 3 ~ INDEX TO PARAGRAPHS A~ID SECTIONS CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES CI' Jtt'(II COUNTY Subject r.latter Notice to County. Attorney . . . . . . . . . . . . Contract Deemed Necessary - Law Reference . . . . . Suitable Party, No Official Connection .. Contracting Parties . . . . . . . . . . . . . . . . . . . . . . Nature of Service and Taxes Covered . . . . . . . . Delinquent Tax Subject to Contract September First Following Date of Delinquency, Except as Otherwise Provided Becaurae of Suit Filed' . . . . . . . . . . i Call Attention to Errors . . . . . . . . . . . . . Communicate, Mail Notices, File Suit . . . . . . . Furnish Abstracts where Necessary ...... . . Assist County Attorney in Preparation for Su1t Furnish at Own'Expense . . . . . . . . . . . . . . . Compensation Not to Exceed 15% of Taxes, Penalty and Interest Collected. State Owned Pr9perty Exempt . . . . . . . . . . . . . . . . . . . . . . Time for Which Contract is Drawn . . . . . . . . . Bond . . . . . . . . . . . . . . . . .' . . . . . . Second Party to Make Monthly Reports . . . . . . . Percentage Paid or Placed in Escrow by Collector . File with' Tax Collector qopies' of Notices. Et;c. . Contract.not Transferable, Space Furnished. . . . County Officials to Cooperate with Second Party . (SEE NOTE ON FOLLOWING PAGE) 9~" Page I 1 1 2 2 2 3 3 4 4 5 5 6 6 7 7 8 9 9 ...4 .91 I NOTE: I These paragraphs,. sections and pages should not be disarranged. It is essential for the progress of this work and for the keeping of a proper record thereof to adhere as closely as possible to the provisions of our standard form contract. However, if oonditions are such as to warrant a change, a new Section setting forth its provisions .should be added to and inserted in the contraot preoeding the last page prepared for the signatures of the oontracting parties, and in case of conf1iot, reference to the new Seotion can be inserted in other Sections where conflict occurs, if deemed necessary. I I ,-~ " , /" . -., t7$ CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES I COUNTY OF c.u.BOUB ~ KNOW ALL MEN BY THESE PRESENTS.: THE STATE OF TEXAS I WHEREAS, The COlnmissloners Court, after having given to the Attorney of t!oo 1""" County ~.,..a lDistrict) (County) thirty days written notice to file delinquent tax suits, and (14- ga.ld Al.l.VL'U~'y ha.vlug ~ ~11) tQ Ii" Be,--. (psfl:used) ~ having received from him a written statement declining the'request of this. Court to file delinquent tax suits, for reasons therein stated, and waiving his right to the 30-day period and consenting to the Court's entering into a contract with others for the collection of delinquent taxes, without. awaiting the 30-day period, and a record thereof haVing been made in the Minutes of said Court; and (2) WHEREAS, The Commissioners Court of ".., ",,"11ft I County, Texas, Joined by the Comptroller of Public Accounts of the State of Texas, deem it necessary and expedient to contract with some competent attorney to enforce the collection of all delinquent State and county taxes for a per cent of said taxes, penalties and interest actually oollected and paid to the Collector of Taxes, as provided in Chapter 21, Aots of the Third Called Session of the 38th Legislature, Article 7335, Revised Civil Statutes, 1925, Chapter 8, Acts of the Fourth Called Session of the 41st Legislature, Article 7335a, Vernon's Annotated Civil Statutes; and Chapter 229, Acts of the 42nd Legislature, Article 7264a, Vernon's Annotated Civil Statutes; and WHEREAS, After making an investigation into the competency, experience and ability of 11..._ i'aft'Y a licensed attorney under the laws of this State, whose post office address is AYatlD, ~ as to his fitness for said work, and after considering the same, are of the opinion that he is a proper party to take such steps as may be necessary to enforce or assist in the enforcement of the collection of such , ,I I delinquent taxes by the preparation, filing and pushing to a speedy conclusion all suits for the collection thereof; and that he has no official connection with any county office within said county; and that he is not related within the second degree of affinity or within the third , -1- 3 ~ .,j r- Cf'i ,j" l degree of consanguinity to any member of the Con~issioners Court, the Tax Collector, or County or District Attorney now holding office 1n said county. I NOW, THEREFORE, THIS CONTRACT, made and entered into by and between the County of , Texas, a body politic and C.''''''m I First -Party agrees to employ and does hereby employ Second Party to enforce by suit or otherwise, and to aid and assist the local officers in the enforcement of the collection of all delinquent State and county ad valorem taxes, penalty and interest, and all delinquent taxes, penalty I and interest (except taxes of independent school districts and incorporat d cities and towns) due any and all political subdivisions or defined districts of said county and State which the County Tax Collector recelv s and receipts for, under the provisions of Article 7254, Revised Statutes 1925, and shown to be delinquent upon the delinquent tax records of said county from 1919 to the date of the termination of this contract as fixed in Section IX hereof (including such personal propertY or insolvent taxes as the Commissioners Court and Second Party mutually deem collectible). I II. Taxes which are not now delinquent, but which hereafter during the ;term of this contract are allowed to fall delinquent, shall become subject to the terms of this contract on September 1st of the year in which the same shall become delinquent. And further, with reference to taxes not now delinquent, but which become de1lnquen't during the term hereof, or taxes which may have fallen delinquent on February 1st or subsequent thereto next preceding the date of this contract, it is agreed ,that where suit is or has been brought on any property for prior years delinquent taxes, Second Party shall include in his action all taxes on the property involved, delinquent before trial, whether before or after September 1st of such year; and where the State and county or impleaded or intervene in a suit brought by another taxing unit, it shall be Second Party's duty to tnclude -2- I, ~' I '--' l I I .;,>'j 100 I in his answer or intervention all taxes delinquent bl:fore trial on the property involved,. whether such taxes shall fall del1nquent before ur after September 1st of such year; and in all such caees Second Party shall be entitled to the commission herein provided for collecting delinquent taxes. I I III. Second Party is'to call to the attention of the County Tax Collector or other officials any errors, douple assessments, or other discrepancies coming under his observation during the progress.of the work, and all charges on the tax rolls that show from 1919 to the date of the termination of this contract to be delinquent, which are caused through error, conflicts, double renditions, illegal assessments, etc. A cancellation certificate shall be prepared on forms furnished by the State Comptroller of Public Accounts, Austin, Texas, showing how such errors oame about, and which shall be sufficiently full and complete as to Justify the Commissioners Court in ordering.a oancellation certificate issued, and that will meet with the approval of the Comptroller of Public Accounts, Austin, Texas. IV. Seoond Party hereby agrees and obligates himself to communicate with each and every person, firm, association or corporation owing any of such taxes, .with a view of collecting same; and shall, before filing suits for the recovery of delinquent taxes for any year or years prepare, in triplicate, delinquent ~ax notices, and shall mail one of such notices to the owner or owners of said property at .their 'last known address, covering all delinquent taxes shown to be due on the tax rolls of said county, as provided for in Article 7324, Revised Civil Statutes. 1925, as amended by Chapter 117, page 196, Acts of the 42nd Legislature, Regular Session, and file one copy of such notice with the Tax Assessor-Collector. In the event that the taxes, together with penalty and interest, are not paid within thirty (30) days from the date such statements and notices are mailed, then Second Party shall prepare, file and institute. as soon as practical thereafter, a suit for the collection of suid taxes, penalty and interest, which suit shall include all past due taxes for all preVious years on such tract or tracts; and where there are several lots in the same addition -3- '. .IIi ~/Ol or subdivision delinquent, belongins to the same owner or owners, all said delinquent lots shall be made the subject of a single suit, and which suit shall be prosecuted with dispatch to final judgment and sale unless said taxes are sooner _collected. I V. Second Party, where it is necessary to prepare and file suits for the enforced collection of delinquent taxes on real property, shall make and furnish an abstract of the property which shall show the amount of delinquent taxes due against each and every tract, lot or parcel of land, and shall show the number of acres so delinquent and a correct description of the property, the year delinquent, how it was charged upon the tax rolls, the correct name of owner or-owners of the property at the time it became delinquent, the person from whom and the date that he or.they derived title to said property, the Volume and page of public records that his or their deed or other title evidence is of record, and the date that each subsequent change of ownership occurred down to the present ownership. It shall further show the name of any and all outstanding lien holders and lease-hold interests of record, and all other information necessary for the proper preparation and filing of Buit or Buits for the collection of delinquent taxes. Second Party shall perform these services at his own cost and expense. And in case such abstract is not placed with the papers in a court proceeding, it shall be filed with the Tax Collector for the purpose of maintaining its preservation until such time as all of the taxes to which it pertains, or such part thereof as are held to be due, are paid. I VI. Second Party shall prepare, or aid and assist the County or District Attorney in preparing, all petitions, citations, notices by publication, personal service citations, notices by posting, judgments, notices of sale, orders of sale and any and all other things necessary or required to be done for the collection of all delinquent taxes, and shall render all necessary and proper assistance to each of the other officers to the end that all taxes assessed or unlcnown and unrendered ~ . now delinquent, or that may become delinquent during the life of this -4- /~.-';.~--' ,,---" l /o~ I contract and be so reported on Comptroller's forms provided therefor, may be collected; and when collections are not made, to assist in reducing same to final judgment and sale. VII. It is further agreed and understood that Second Party shall furnish, at his own expense, all stationery, legal blanks or forms, stamps, envelopes and printing, together with all labor necessary to complete. said contract including labor and expense incurred in proouring data and information as to the name, identity and location of necessary parties, and in procuring necessary legal descriptions of the property as provided in Paragraph V. and the expenses incurred in oiting the defendants by publication in all oases where such expenses are not collecte4 as costs against the defendant or defendants in the tax suit, but 1n no event shall suoh oost be paid to Second partyj and Second Party shall payoff and disoharge any and all bills for any other expenses incurred in the proseoution of said work, and it is hereby understood and agreed that said First Party shall not be responsible for the payment of such expense or _ any part thereof. I I VIII . I First Party agrees to pay to Second Party as compensation for the services hereunder reQ.uired l' per cent (not to exceed fifteen (15) per cent) of the amount collected of all delinQ.uent taxes, penalty and interest of the years'qovere~ hereby, actually collected and paid to the Collector of Taxes during the term of this contract, which Second Party is instrumental in collecting as evidenced by copies of communication, tax notioes or abstracts filed with the Tax Collector prior to the payment of such tax, including collection of taxes on property not appearing on the assessment rolls nor shown delinquent, but Which would have been so shown had it been properly assessed, discovered by said Second Party, as and when collected, following the end of each month within the period of this contract, accordingly as the Collector makes up his monthly reports. The per cent of compensation here referred to shall be contingent upon the collection of such taxes as by Act of the Legislature are required to be collected. Should any remission of penalty and interest on taxes appearing -5- I 'f ~ ~ r"/03 on the delinquent records be made by legislative enactment effective during the period of this contract, the same shall not be collected nor commission allowed thereon. Also, ad valorem taxes, delinquent, levied against State-owned property for county and district purposes, the payment of which is to be taken care of by legislative appropriation provided for by Statute, are excluded from the provisions of this contract. Second Party shall not receive or collect any taxes, penalty or interest under this contract, but the same shall be paid to the Tax Assessor- I" , I ,. Collector as other delinquent taxes. IX. This contract shall be in force from .1-....,., 1 19~, to 19 ~, both dates inclusive, (not to extend n.-.I'hr 31 beyond December 31, 19 ___, the end of the present administration of the commissioners Court), and at the expiration of said period this contract I ::::~ ::r:::::::t:X::P:r::: :::::';:::,:::l:u::,a~::::dp:::r(:~ months '1 I f Deo--~r 31 , 19 ,s , terminating date of ,this contract provided, and shall handle to conclusion all suits in which trial court Judgments ~re obtained during the period of this contract and which are appealed by ~ party. The Commissioners Court and the State Comptroller shall have the right to sooner terminate this contract for cause, giving thirty (30) days written notice of such intention, with a statement of the cause or reasons for such termination, ~fter giving Second Party a reasonable opportunity of explaining or rectifying the same. In case of such termination, Second Party shall be entitled to receive and retain all compensation due up to the date of said termination. I X. Before any commissions are paid out under the terms of this contract, Second Party shall furnish a good and sufficient bond, payable to the County Judge and to his successors in office, in the sum ofJl1W ~au4 Dollars, (not to be less than $5,000.00 accordini!;ly as the COIlUnissioners Court deems just and proper) to be executed by a solvent surety company; or if executed by private parties, the bond shall be signed by at least three good and sufficient sureties owninB unincumbered real estate subject -6- I. ~ I r-" ~ ~ l LI , / o~---, I to execution, of value equal to the amount of bond and conditioned upon the specific performance of the terms hereof, including the making of reports, provided for in Section XI of this contract, and further oon- .ditioned that he shall forthwith pay over to the Tax-Colleotor, or other persons Justly entitled thereto, any money or commissions paid him by mistake, through error, or otherwise. Said bond shall be approved in open Commissioners Court, signed by the County Judge, filed and recorded in the County Clerk's office, and a certified copy of same furnished to the State Comptroller. I XI. At the end of each month, or as soon thereafter as the Tax Assessor- Collector shall have made up his report showing oolleotions made for such month, said Seoond Party shall have access to said report and Shall by comparison of the 'same with his own files or records of servioe, copies of whioh he has filed with the Tax Assessor-Collector, make up in tripli- I cate a report of collections out of which he is entitled to oommission under .the terms of this contract. Second Party shall also have access to the Colleotor's receipts for such collections and shall, in his reports to be made on forms furnished by the Comptroller, show eaoh year and the taxes oollected therefor on a separate line. Also, where colleotions are made after suit has been filed and commission allowed at a greater or different rate under the terms of this contraot Second Party, being guided ,. by the rile dooket ot the Clerk of the Court, shall.prepare and attaoh to I I his reports to be filed with the Tax Assessor~Collector a list showing number of suit and date fi1edj-but in no event shall Second Party receive compensation in excess of fifteen (lS) per cent as herein provided. After the report has been signed and sworn to by Second Party, two copies of the same shall be delivered to the Tax Assessor-Collector, one to be attached to and sent with the Collector's monthly report to the Comptroller, the other to be filed in the Collector's office, and the third copy to. be retained by Second Party. XII. I Each month, after having received copies of the contractor's report as provided for in the preceding Section, and after having checked the list -7- I / ~ .. .J -:<I lOb of taxes shown therein with his own report and with copies of communi- cations filed with him, as provided for in Section XIII of this contract, and after having verified the correctness of commissions. claimed, the County Tax Assessor-Collector is hereby authorized, ordered and directed to deduct the above specified per cent of said taxes, penalty and interest, or such amount as can be allowed under the penalty and interest re- striction, to which Second Party is entitled, and to pay the same to him unless otherwise herein directed, and to take his receipt as provided for on Form 107, Contractor's Report, which when .received in the Comptroller's office will be the Comptroller's authority to allow the said TaX Assessor-Collector credit for the amount so paid. The Tax Assessor-COllector, before complying with the provisions of this Section, shall first satisfy himself that the bond required of Second Party under the. provisions of Section 10 of this contract has been approved and placed on record in the office of the County Clerk; and it is hereby further provided, that should any question arise regarding commission claimed, the Tax Assessor-Collector shall withhold the payment of 8uch commission or an amount equal thereto, placing the same in escrow, and apply to the state and county, accordingly as they may be affected, for information and direction as to the proper amount of commission due to be allowed under the terms of this contract. I I' I NOTE: Should the Commissfonern Court and the contracting party elect that the commissions withheld be placed in an escrow fund and paid to the Second Party otherwise than as provided in Section XII of this contract, another Section setting forth the method of payment to the contracting party should be added to and inserted in this contract preceding the last page prepared for the signatures of the contracting parties. XIII. In order that the Tax Assessor-Collector may be able to verify and attest the correctness of commissions claimed by Second Party, as evidence _ --..J&- of service and to entitle him to the commissions provided for in this contract, Second Party shall file with the Tax Assessor-Collector prior to time of payment, copies of such communications, tax notices or abstracts I which shall be preserved by the Tax Assessor-Collector in some systematical order as will make them easily accessible for the purpose of verification -8- I ~~~ J -~,- --~-'<,...-,-"~ L /0(;; -, '., I or' for such other value as the same may have in cas~ it becomes 'neces- sary for the county and state to buy in such properties at tax sales. Said copy or copies shall also contain such information or reference as will enable the Tax Assessor-Collector to readily locate the tax as it appears on his delinquent forms and delinquent records. XIV. I It is further agreed and understood that this contract is for personal services and is not transferable or assignable without the written consent and approval of First Party. It'is also agreed that the Commissioners Court of said county shall furnish suitable space in or near the courthouse, as convenient to the records of said county as may be, for the purpose of carrying out'the obligations of this contract by Second Party, all of which shall be performed by him in County, Texas. xv. I It shall be the duty of the Commissioners Court and of all other officials of said county to cooperate with and render such reasonable assistance to said Second Party as the circumstances may require. Said assistance, however, is not to include the actual performance of the wor herein designated to be performed by Second Party; and it being of the County Attorney or of the District Attorney (where there is no County Attorney) to actively assist Second Party in the filing and pushing to a speedy con~lusion all suits for the collection of delinquent taxes, it is hereby provided that where the CoUnty Attorney Or District: I Attorney (where there is no County Attorney) shall fail or refuse to file I and prosecute such suits in good faith.. the Attorney prosecuting suits Under this contract is here fully empowered and authorized to proceed with such suits without the joinder and assistance of said County or District Attorney. Second party shall not become the purchaser of any property at tax sales under this contract, but may bid in the property for the State Or county at such sales. Revised - 1952 ~I I -9- 1_ "- ~ /07 , IN CONSIDERATION of the terms and compensation herein stated, the Second Party hereby accepts said employment and undertakes the performance of said contract as above written WITNESS the signatures of, all parties hereto in triplicate .1 originals, this the In d~ of 3~,A__.l1l A. D. 19 ~, I l!.1_ County, State of Texas. BY: ;lud~*,~ ~:t;;.t{.~;7 co~tG~~ct No.2 i~~~~- /" (./ ~ -(p/~~ ~ / 'Comm--rBSioner, rec no No. ~ I FIRST PARTY -- THE STATE OF TEXAS <lfiEPARTMENT OF COMPTROLLER _/ I, the undersigned~< Comptroller of Public Accounts of the State or Texasj" hereby join the Commissioners Court in the above contract to enforoe the - delinquent, taxes in said county. .on this~the ~ day of , A. D. 19~er. ~_ r~, ~L ~'i ~Jtt-- I, Examined and approved this 4th day of Fe bruary 19 55 ~~~~ I -lO- /~~A, ......=~. .- ... ...l I .1 THE STATE OF TEXAS i COUNTY OF _(J..A / /, "0 ~ I I, the undersigned, County Clerk of said county, certify that the above and foregoing is a true and corre.ct copy of a contract Commlssioners Court of sald county. . .~..... ~~:: '~'~~:D~:i.;~ ~ ~ \ " .- . .",,:":.~' eN ",'''' t jiJ.!l.'tmSS my hand and .:~. ')~ ':~:~7a'.~;.: to:.;",; ....~;i:.. . jf: ~iY~:.~i:J-f'-.~:'-:vr/.;j,y.t!. /, ",... ...- . ;,;',~ \ ~-,-":' ......... .' [ ~ {.,,-2:::)((<;~j\'~ Ii {:, -' . I . '. ..~ -", \~;;;.::; .:.l.~;.~~~;i~~;j~t/'- . , i . " , I fY ^ 'j 0:\:::'~' . , '.:., \ '. ~ .. -.. ~~........., .,. recorded in Volume ~ I I ~ I f , ~.- ,Page pjLin the Minutes of the seal of said Court , A. D. 19~. 2~.f on thls the -11- -..--~ /(JJl ~;~' ......... 709 . -.'t I , I I I: - ~ I .~ ~ ) <::J r """'III 109-A . REGULAR APRIL TERM THE STATE OF TEXAS .1 I COUNTY OF CALHOUN I - HELD APRILll& 12, 1955 BE IT REMEMBERED, that on this the 11th & l2th day of April 1955, there was I begun and holden at the Courthouse in the City of Port Lavaca, said County and State, same being the Regular Term of the Commissioners' Court within and for said County and State, same being the Regular Term 1955, and there were present on this date the following officers of the Court, to-wit: HOWARD G. HARTZOG, County Judge. MAURICE G. WOOD, County Clerk I , " FRANK E. WEDIG, Commissioner Pro 1 R. F. KEMPER, Commissioner Pro 2 ~NEST H. RADTKE, Commissioner Pr.3 CLARENCE BARTON, Commissioner Pr.4 < ,WHEREUPON the following orders were made and entel'ed by s'aid Court to-wit: ~ - - - . CORRECTION OF MINUTES . On motion made by Clarence Barton and seconded by Frank Wedig and unanimously passed. ,. It was ordered that the minutes of F~bruary 14th, 1954 be corrected to correct- . -..-- I ly show the approval of the plat of parts of lot number 3 of the P. A. Swenson .. - Estate Section 7 of the Mitchel sub-division of 'the Sam Houston League as per Plat recording in Vo~ume M, Page 447~ Deed Records of Calhoun County, Texas, which Plat was actually recieved and approved by the Court on that date but inadvertant1y left I out of the minutes. Howard G. Hartzog DISTRICT ENGINEER Mr. W. A. King, District Engineer and Mr. Rylander, appeared with regard to right ,O.f way on Farm to Market Right of Way on ~~n~ Mott, Farm to M~rket Project, . . ten . and the Court requested that the right of way be one hundred1(110) feet in lieu of one hundred twenty (120) feet. Mr. King agreed to submit the report to the State Hi-Way Commission. . TAX PAYERS ADVISORY BOARD - PARKSAREAS, PUBLIC BUILDINGS ; C. L. Cooku--Calhoun County '1+~H,9lubs -........, , Mrs. Pat Lundin----Calhoun County Home Demonstration Clubs _ '''-. Homer Horton----Hospita1 Board P. M. Marquette----Point Comfort PTA I W. M. Dechert----Port LavacaChamber of Commerce Henry Wehmeyer----Calhoun County Farm Bureau Jack Williford-u-Rof,oseve1t PTA George Rhodes----Harrison PTA Arnold E. Broyton----Port Lavaca Lions Club I _. - .J. N. Snider----City Of Seadrift Robert Duelberg----Calhoun County Agricultural Stabalization Committee Billy Zwerschke Jr.----Port Lavaca Jr. Chamber of Commerce Bill Zwerschke----Calhoun County Rodeo Association Clyde Sdhrader--~-Port Lavaca Rotary Club -. " -~ _. ;"~. ' . . " . , ...' ., . ~ ~ I: , - \'1 , ......" 1 II ~ " . .... .... ""-110 g:)~ ~) ~ t:;o f'<.] . . . . . and John Peeler----Ca1houn County School Board, appeared. It was requested that Mr. Cook, Chairman Pro-Tem or the Committee present the .Committee. Mr: Cook presented the Committee. Meeting opened ro~ the election or a Permenant Chairman. Mr. Cook was nominated and requested that his name be passed as he was a County -- I employee. Mr. Billy Zwerschke,Jr. was unamiously-apPointed Permanent Chairman. Vice- - . Chairman---George Rhodes, elected by acclamation & - . Secretary----Mr.C. L. Cook I elected by acclamation. Resolution or Appointment was read, see Volume J, Page 77. - Mr. Houlihan was recogniz~d ror a rinanicial report on the County. Present Deb-t. :--c~unti Wide--single R;ad Bond -Issl;e, 100% taken over by the State. Hospital Debt--(l) HospitalDebt---$79,000.00 out 2Ja%, pald- '6ut 1961. (2) - ., Nurses Home--Paid. (3) Extension--1953issue unpaid $109,000.00, callable 1958. . . District Bond--Road District 1----#3009000.00 at 2% Drainage District 10----$112.000 at 2+% -, . Total County --- .80~ + .15~ in Pre. 1 & 4. Re-allocation Comparison . Present rate limi t Proposed , , Jury .15~ .Ol~ ; Road & Bridge .15~ .24~ I General .2S~ .30~ Per. Imp. .25~ .2S~ On motion made and seconded and unamiously carried it was voted to adjourn unt~l April 18th,,1955, at ~:30 P.M., at the Court House in Port Lavaea, Texas. REALLOCATION ELECTION ., On this the 11th & 12th of April, 1955, at a regular term of the Commissioners Co~r.t, of,Calhoun cOUnty~ Texas, on motion made by Clarence Barton and seconded by Frank Kemper and unamiously -adopted the following order: - -- . ELECTION ORDER THE STATE OF TEXAS I d COUNTY OF CALHOUN I ____gO' ~J:1~:;!.__~~~ l:Lt!'1_c:tEiy:_.?r_!>r:>:r:'i~! 195?, the Commissioners Court of Calhoun County, - . . T.~~~~~_co~ve~~d in,:e~~lar ses~ion at a RegUlar Term, at the regular meeting place tl:e~~o~__.:t.~_._~~e ~?tl.r.~llOuse at Port Lavaca, Texas, with the following members of the I '''~r,~;;.....;, Court present, to-wit: HOWARD G. HARTZOG, FRANK E. WEDIG, County Judge, Commissioner Precinct No.1, - R.- F. KEMPER, .- Commissioner Precinct No.2, I ERNEST RADTKE, C~A~NCE ~ARTON, MAURICE G. wooO, Commissioner Precinct No.3, Commissibner Precinct No.4. County Clerk, . and, among .other~:.oceedirl~s had by. t he c_Qur_t_,,_w~_ t;;he-:--f-ol-lowi-ng-:-- '-€-ommis'si-oner __ __ _ __ ._4___ ," .. l .... """""III 111 . Clarence Barton introduced an order and moved its adoption. The motion, was seconded by Corrunissioner Frank Kemper." The motion, carrying with it the adoption of the Ordej' prevailed by the following vote: AYES: Commissioners. Frank.Wedig, Ernest Radtke, I Frank Kemper, and Clarence Barton; NOES: NONE. The order is as follows: I WHEREAS, at the general election held throughout the State of Texas on November?, /. 1944, the qualified electors of the State, voting on the proposition, approved the amendment to Section 9, of Article 8, of the Texas Constitution, which amendment pro- vides that the Commissioners' Court tn any county may re-allocate the county tax levies authorized in Section 9, of Article 8, by changing the rates provided for any of the purposes authorized in said Section by'either increasing or decreasing the same, but in no event shall the total of such taxes exceed Eighty (801) Cents on the one hundred dollars' valuation for anyone year, provided that before the Commissioners' Court may make such re-allocations and changes in such levies the same sha11:.be-,sub- mitted to the qualified property taxpaying voters of such county at a general or special election: and in the event such re-allocations and changes are approved by . I a majority of the qualified property taxpaying voters of any such county, such re- allocations and changes shall remain in force and effect for a period of six (6) years from the date of the election at 'which same shall have been approved, unless the same again-shall have been changed by a majority of the qualified property tax- paying voters of such county, voting on the proposition; and WHEREAS, the Commissioners' Court of Calhoun County, Texas, deems it advisable and to the best interest of_said County to reallocate the-county-taxes authorized-to be.levied annually by 'Section 9, Article 8, of the Constitution, by changing the rates in respect to certain county taxes as herein provided; . THEREFORE, BE IT ORDERED BY THE COMMISSIONERS' COURT OFCALHOUN COUNTY, TEXAS: That a spec~al e1ection be held in said County on the 14th day of May, 1955, which is not les.s than thirty (30) days from the date' of' the adoption of this order, at which election the ~ollowing proposition shall be submitted to the qualifiedpro- perty taxpaying voters-, who own taxable property in said County and who have duly rendered the same for taxation, for their actionthereupon; PROPOSITION I Shall the Commissioners' Court of Calhoun County, Texas, be authorized to levy and collect in each-year for a period of six (6) years from the date of said election, county taxes as follows; Not exceeding Thirty (301) Cents on the $100.00 valuation, in anyone year, for I County purp?~es;' Not ~xceeding Tw~nty-fi vet 25.{) Cents on the $100.00 valuation, in any one year, for the erec~ion_?f publ~c: b~~ldinl,Ss and other permanent improvements-;-- Not exceed~ng Tw,;,nty-four (241) Cents on the $100.00 valuation, in anyone year, for roads and bridges; I Not exceeding One (1~) Cent on the $100.00 valuation,in anyone year, to supplement -. ~ .... ""-112 l OD~ ~ c=' 1::;0 r"';1 . t the jury fund of the County. In the event that the annual levl of a tax not ~xceeding fifteen (15~) Cents on the one hundred dollars' valuation for the further maintenance of the public roads - .' ~ . of said County has been heretofore, or shall hereafter be, authorized b~ a majority ...~, .--. ~ ._-" ~ _.~. -- - - --. ..- -.-. .,~, .-. "--"- .-, - -. . ~ I ?r...tr:~. ~u~~~~~~~ PI'())}er~:y t_a:XI:a;yiIlg ,,:oters _ ot t~e_ County! voting at an election held ';t:.?I'.~~~~_P~I'PO~~'H !lo~_?!n~_h~.r~!I1._shal~ be construed_ a~ rescinding or in any manner !J.!,~~c~ir:~_~h~_power and authority of the Commissioners Court to levy and to continue tolevy sai~ ~ax. The said election shall be held under the provisions of the Constitution and I L!J.~~_o~_~~~_St~te of_Tex~s, partic~larly amended Secti?n 9, of Article 8, of the ~:>r:s~~~~!~()n, _.~~_ S~ctionj!J.'_J\rticle 6, o~ the Constitution, and all persons who are legally qualified voters of said County, and who are resident property taxpayer~ .. - . ~- who own taxable property in said Coun~y and who have duly rendered the same for taxatio~, shall be entitled to vote at said election. . The ballots for said election shall have written or printed thereon the following: "FOR RE-ALLOCATION OF COUNTY 'rAXES.1l "AGAINST RE-ALLOCATION OF COUNTY TAXES." Each voter shall vote on the proposition hereby submitted by placing an X in the square besi~e the sxpression _of his choice~ or said voter may scratch or mark out one of said expeessions, thus leaving the other as indicating his vote. The polling places, presiding officers and speci~l convassing board for can-. I vas sing ballots of absentee voters, shall be as follows: PRECINCT NO. 1 2 3 4 , 5 6 7 8 9 10 11 12 13 t H( l5 VOTING PLACE PRESIDING OFFICER Port Lavaca-County Courthouse Mrs. Charles Moore, Jr. Chocolate - Joe B~etts Residence Joe Brett Six Mile - School House Robert Meyer Mrs. G. D. Swenson Mrs. E. S. Sanders Mrs. Joe MolInar Mrs.. Louie Walker ~s. Laura Snooks J. W McKamey Mrs. Lloyd W. Hawes Mrs. J. C. Williams Mrs. Kate Moore . Mrs. Dick Thayer Mrs. M. N. Lit tle Carl Partlow Olivia - School House Boyd School - J. .E. Levingston Residence Magnolia Beach - C.E. Sachricon Residence . Long Matt - School House Seadrift - School HOuse Kamey - J. W. McKamey Resid~n~e _. ___ Port O'Conner - School House I Green Lake - Morman Gin Office Heyser - Humble Production Office Port Lavaca - High Sch?ol Point Comfort - Community Center Port Lavaca - West Side Elementary School I SPECIAL CANvASSING BOARD: Maurice G. WOOd, Opal Hayes, Wava Sch1iesing. The manner of holding said election shall be governed by the laws of the State re- gulating general elections. A copy of thi~ order, signed~! the County,Judge of :>aid/,c.?unty, and attested by ~h~ QountyC1~ of said County shall serve as proper and sufficient notice of said . ~ r I "Ill 113 . election. I Notice of said election shall be given by posting a copy of this order at the top of which s1\l.a11 appear the words "NOTICE OF ELECTION FOR THE RE-ALLOCATION OF COUNTY TAXES", at the Courthousedoor of said County, and in each of the electionpre- cincts of said County for thirty (30) days prior to the election, which n?t~ces shall be posted by the Sheriff or a constable, who shall make return on a copy of such , . notice, how and when heexecuted the same. I Notice of'said election shall also be given by publication thereof in a news- paper published in Calhoun County, once each week for three consecutive weeks, the dste of first publicationbeing not less than twenty-one (2l) full days prior to the date of said election~ ADOPTED AND APPRO.VED, this the 11th day ~f April, 1955. . HOWARD G. HARTZOG COUNTY JUDGE, CALHOUN COUN'l'Y, TEXAS. ( seal) ATTEST: MAURICE G. WOOD COUNTY CLERK I {rRANSFER TO SALARY FUND O~_this _~he 11th and .12th day of April, 1955, at a r,egular term of the Comm- issioners'._Co:urt of Calhoun County, .Texas, on motion made by Clarence Bsrton and seconded by Ernest Radtke and unamiously carried. The County Treasurer was ~~~h~ri~ed ~nd di~ed~ t~ tr~~sfer the sum of Fifteen Thousand ($15,000.00) DOllars, from the General Fund to the Salary Fund as provided by law. Howard G. Hartzog TREASURER'S REPORT APPROVED FOR l1ARCH . On ~tJ.is_t?:e 11th aIl~ 12th day?~ April, 1955, the COmmiSSioners' Court of I C!!-l9-oun. Coun~y I116t in _Ileg~lar~ession, _ with_ ap members being present, Miss Mary Stephens, County TreasureB presented her report for the month of March, and it having been read in Open court!_ aIld the Court having duly considered the same to- gether with the exhibits accompanying same, and having the balances compared in the various accounts..with those reported by the County Deposrk-ry and finding said Report to b e correct, on mRtion duly made, seconded and carried, .tj;le c.ounty Treasurers' Report for the month of March, 1955, be and the same is hereby approved. HOWARD G. HARTZOG I RETURNS OF COUNTY SCHOOL TRUSTZE ELECTIONS Canvas by the Couty Commissioners'. Court of the official returns of the County School Trustee Election held April 2, 1955, to elect County School Trustees . .. for; Commissioner~ Precincts Numbers 1 and 3, of Calhoun County Texas. Tabulated as follows: PRECINCT L , PRECINC.T III " .' _'_ POINT Guy Cavilian 9 COMFORT OLIVIA 0~ W.C. Regan 16 . { li.. .... ,... 114 00-" b~::] ! ~ ' ~~~ I ~ ~.] . PRECINCT III POINT COMFORT OLIVIA 13 Lamar Marshall 1 CD 2: L. E. Gross 1 (j) 2 Osc ar Hunter 1 W 1 2 .,Pre,cinct1, vf. C. Regan of pt Lavaca and ..... ". 1 1 1 1 Precinct ,3" Guy Cavalin of Olivia were declared elected as County School Trustees.. I On this the 11th and 12th day of April, 1955, at a Regu~ar Term of the Commissioners Court of Calhoun, County, Texas, on motion,-made, seconded and unamious y passed. The County Clerk, Maurice G. Wood, is hereby authorized as County Agent, to . disperse.the_County_Petty.CashRun~, which shall be started with a withdrawal from the General Fund of the sum of Fifty ($50.00) Dollars. Which shall be converted into cash and kept in the Clerks Vault. Out of which fund the Clerk on voucher- approved by the Clerk, countersigned by the officer, shall payout the following items of County Usel Stamp and postage and box rent, ..__ " .'. Express and freight, 1 Auditor the vouchers for 'all expenditures to be approved by the Auditor, and when approved heshal~ report to the Court the Amount necessary to restore such petty cash fund to Fifty ($50.00) Dollars. CONTRACT FOR CITY STREET LIGHTS AROUND COUNTY COURT HOUSE . On this, the 11th and l2th day 01' April, 1955, at a Regular Term of the Commissioners .01' te.alhoun County, Texas, with all members present, on motion made by Clarence Barton, Seconded by Frank Kemper, the County Judge was authorized to execute a contract with Central Power and -Light Company of Corpus Christi, Texas, to pay One Dollar and Forty ($1.40) Cents each month for the four (4) street lights aroudd the Courthouse. I ALLDTWENT TO -cOI1MISSIONERS On t'his the 11th and 12th day of April, 1955,- at a Regular Term of the Commissioners Court of Calhoun County, Texas, .with all.members present, on motion by Clarence Barton, seconded by Frank Kemper,' that the following allotment to each Commissioner Precinct be authorized out One -Hundred Thousnnd($ioo~ooo.OO) Dollars I. < . Road and Bridge, Class 2 Funds, as follows based upom road milage. Precinct 1 29% ~ Precinct 2~--23% _, Precinct-3~--15%, Precinct 4---33%. The ~~ion _~aB_duly pa~_~ecJ..!..._th~.--9_~~i~~!?ners were recorded a's voting as . l ...,.j '. """""III 115.. . follows: Voting "AYE" - - Voting "NO" I #1 #2 #4 Frank Wedig Frank Kemper #3 Ernest Radtke Clarence Barton HOWARD G. HARTZOG I CONSTABLE1FOR JUSTICE OF PEACE PRECINCT 4 On this the 11th and l2th day of April, 1955, at a Regular Term of the Commissioners Court of Calhoun County, Texas, with all members present. BE IT REMEMBERED THAT, on this day came on for consideration the written request of Roy Creed, Constable of Precinct 4. Port Lavaca, Texas March 21,1955 . TO: The honorable Commissioners Court of Calhoun County, Texas Due to my wife's illness and our having to move to a different - climate for her health, I respectfully submit my resignation as Constable of Precinct Number Five. I Request that this resignation be effective on the first day of May, 1955, I Respectfully, Roy Creed ROY CREED On motion made by Clarence Barton, seconded by Frank Kemper, such resolution ordered accepted, as of May 1st, 1955. was ~PPOINTHENT OF A CONSTABLE OF PRECINCT NUMBER 4 I BE IT REMEMBERED THAT,on this day came on to-be considered the appointment for a Constable for Precinct nUmber 4, to replace Roy Creed, on May lst, 1955, and there was presented to the Court, three (3) petitions by the qualified. voters of said p~ecinct, which were submitted to the County Clerk for check as to dupli- cations and qual~fications of the petitioners, and based 'upon said 'check it ap- peared to the Court that, B. O. (Bert) Edwards had recieved the majority of reco- mendations and on motion made by Frank Wedig, seconded by Frank Kemper and unami-' ously carried. B.O. (Bert) Edwards was duly appointed as Cons~able of Justice of Peace, Precinct number 4, of Calhoun County, subject to filing a bond in the amount of One Thousand ($l~OOO.OO) Dollars, and the execution of the Constitutional oath of Office, that such appointment qe ~ff~ctive, as of May 1st, 1955. ~OTICE TO BIDDERS . On this the llth and 12th day of April; 1955, at a Regular Term of the .1 . ' Commissioners Court of Calhoun County, Texas, on a motion made by ~larence Barton, I~econded by'Frank,Kemper, and unamiously carried. County Judge Howard Hartzog, ras authorized and directed to have published in the Port Lavaca Wave in the issues of April l4~ and Ap~i1 21, the following in vitation to bidders. Notice ~s hereby given that sealed proposals, plainly marked, for the following --:- . -- . ./ lio.. ...,j r-116 I I oo"""llll ~ .--. ~ eo I'L . . . Jdescribed road and bridge material, will be' received by the County Judge of Calhoun County, Texas, in his office in the County Courthouse in the City of Port Lavaca, Texas, until 10:00 a.m. on April 25th, 1955, when they will be opened and read in open C01ll't: Item l: 70,000 cubic yards of mud shell containing not less than 6% nor mo~e than 12% mud content to be delivered on the trucks either from the stock pile .or I . from the hopper as follows: . . - .'- 55,000 cubic yards at Seadrift and 15,000 cubic yards . . . . . . at Port Lavaca_ . - , I ~~~s shell will be delivered upon order of the Commissioner in any amount specified up to maximum of l,OOO cubic yards daily. . To insure the execution of this contract the contractor . will pr01ride the Co~ty. with a faithful performance bond satisfactory to the C~mmi~~ioners' .Court, said bond to be executed in the favor of the County Judge of Calhoun County!._ . The C~unty reserves the right to reject any or all bids and to waive tech- nicali ties, of procedure. By order of the Commissioners' C01ll't, April 11, 1955. . HOWARD G. HkRTZOG County Judge, Calhoun County,Te as (seal) I ~ ATTEST: MAlJRICE. G ~. WOOD County Clerk, Calhoun County, Texas APPOINTMENT OF CHIEF DEPUTY SHERIFF < On this the llth and 12th day of April, 1955, at a Regular Term of the .' Commissioners of the Calhoun County, Texas, with all members present. It was brought to the attention of the Court, that Sherrf!' Leonard M. Fisher, has appointed Oscar M. Cavallin, as his Chief Deputy Sheriff, with the request that it .. _._ '~".':":: d_ .. . _ _ .,. ,. . .. ~. . be entered in the records. Letter 'as follows. Re~~Chief Deputy Sheriff, Oscar M. Cavallin. Honorable Commissioners C01ll't Calhoun County, Texas. Gentlemen: . . P ~....,.-/'" ~ I This-letter will verify the fact that I have ~ppointed Mr. Cavallin my Chief Deputy Sheriff. effective the-morning of.February 19,1955. Mr. Cavallin will draw---the'same salary .heretofore- paid -Mr~:A. J. Williams and I will appreciate yc:>u_entering this letter in your re?ords. As-you kriow Mr~ Cavallin was drawing $90.00 per month salary and automobile expense and that amount should be paid through February 18 and his' new salary begin February 19. I will appreciate you taking caresof this matter, for me so that Mr. Caval1in_may be paid 'his salary without further delay. Thanking you for past favors, I am ~. .''" ~~"",--, ~ I Your friend, LEONARD M. FISHER LeonardM. Fisher. , / FILED April2,l955 Maurice.G. Wood By. OPAL M. HAYES Deputy LMF/bw .- l ...oIIIl -... 117 . TAX ASSESSOR COLLECTOR'S REPORT FOR MARCH APPROVED At .a Regular Term of the ,Commissioners' Court of Calhoun -. -~\ County"Texas, held on this the 11th and 12th day of April, 1955, with all members of the Court being present I Mrs. C. B. GUidry, Deputy, presented the Tax Assessor-Collectors Report of t>he month of Marc h, together with the tax rezeipts and other receipts accompanying same, and , finding said report to be. correct and in due form. Thereupon the motion being duly ,. made, seconded and unanimously carried ~t is ordered that said report is hereby approved. I COUNTY AUDITOR On this the 11th and 12th days of April, 1955, at a Regular Term of the Comm- !issioners' Court of Calhoun. Co,-!-nty.! Tex.as, with all members of the Court being pre- :~e~t', on motion dttly. mad~.. and seconded, and unanimously carried, all bills of accounts and claims against the County be paid. . Minutes On this the Ilth.and12th day of Apri1,l955~- at a Regular Term of the. Commissioners Court _ of. C~lhoun COll.l1ty, Texas, with all members -be-ihg presBIlt, the minutes of the previous meeting were read and approved. qi! I .- ..-_.. \ . I I . . v ~~ ~ ... ...,j r 118 , I oo""'lll ~ ~ t:t1 ~ . . . . SPECIAL APRIL TERM l . ,- . HELD APRIL 25th,1955 . . . THE STATE OF TEXAS I , I COUNTY OF CALHOUN I BE IT REMEMBERED, that on this the 25th day of April 1955, there was --," - - - I begun and hol~en a~ the Courthous.~ _iIl,.~~e Cit~of Port Lavaca, said CoUnty and c State a &pecial Term of the Commissioners' CoUrt within and for said County and . State, same being the Speci~1.,Te~_J,955, and there were present on this date the following officers of the Court, to-wit: HOWARD G. HARTZOG, County Judge MAURICE G. WOOD, County Clerk PRANK E.WIDIQ:, Commissioner Pro 1 ERNEST RADTKE, Commissioner Pr.3 R. F. KEMPER, .Commis.sJ..()!l~rpr.~' . Clarence Barton, Commissioner pr.4 WHEREUPON the following order's ere made and entered by said Court to-wit: I . . BLARDONE ESTATE DRAINAGE DITCH-~COMMISSIONERS PRECINCT NO.1 . , ' .At atsp~cial term of the commissioners I Court of' Calhoun_ County, held this . , . the 25th day of April, 1955, with all members of the Court ~eing present, Be . ' . ,- .. . - -- _. . "let.ter of' it remembered that on this day came on for consideration the~app~ication of' . - '. - ~ \ ~, . . ,. _ ,-...._'-.- .~-- .f'or w.a.~ver. of obJe.ction or D. D. Boyd, Attiortniey in behalf of_ the B1ardone Estate/for consent of the Court/ ~ ~x s ng2; ~ to close the?drainage structure crossing the Blardone Estate in Precinct No. 1 - .. . whereas. such:< and it being ~a1led to the attention of the Court thatlstructure is reported .',.'. ,. :,; .--,. s.tru6tEid'; " .' ...,., -.. .'. to have pr.ev:i:ojlsly._:beeri:::con.,;j by the CommissilbneF'bt" Precinct No.1 with-.the consent of the prior owner as'->an..outfal road ditch- Road and Bridge. early twe~t.~~~,~~~;,~f t~e p~;;~~s~~~) Cent countY1MaintanC:tr~d, and that said str~c~ur~~rosses and/State Highways 35 & 78 and may/.be-reqUired for area and 'therefore " drainage/that~hearing should be had prior to any action by the Commissioners . , I .- :-i ., i - . .- Court. Thereupon on motion made by Clarence Barton, seconded by Ernest Radtke and carried the following notice was ordered given to the applicant and to . the pUblic: NOTICE Notice is hereby given that a. hearing will be held before the Commissioners Court of Calhoun County an the 10th day of May, 1955, at 10 am in the County Court Room at which time will 'be considered the application of the Blardone I Estate to close the existing drainage structure crossing the Blardone Estate lands, in the Felix Sanchez league of Calhoun County, Texas, adjacent to State Hi-way 35 and within ~ mile of the west boundary of the City of Port Lavaca, Texas. All persons interested are hereby given notice to appear and be heard I for or against said application. The County Clerk is author~zed to g~y~ written Notice to the State High- way Department - Victoria office and to the adjacent land owners/ and to the \ , \ City of. .Port : Lavaca.' -, ~ ...~' -'.:.- '. I ,-' " , -- -~, _. ,.-'-' .... ...,-- e" r,.. . '. ~ '- -~ :' . ,.") _ "," .y.)::-: .:---:T),: I l ..... ,... ..... 119 . Issued this the 25th day of April, 1955. HOWARD G. HARTZOG Howard G. Hartzog, I County Judge, Calhoun County ATTEST: MAURICE G. WOOD Maurice G. W.ood, County Clerk, Calhoun County, Texas I BIDS FOR MUDSHELL On this a Special Term of the Commissioners' Court of Calhoun County, Texas, . on this the 25th day of April, 1955, with all members of the Court being present, Therecame on for donsideration the sealed bids for:70,ObO yards of mudshell for delivery - 55,000 cubic yards at _Seadrift, Texas, and 15,000 cubic yards at Port Lavaca, Texas, and mudshel~_shall.contain not less that 6% and not more than 12% mud. The fOllowing bids w~re .opened: County Judge Calhoun Count~ Port Lavaca, 'exas , Dear Sir: . In response to your legal notice, we propose to'furnish 70,000 cubic yards of mudshell. (55,000 cubic yards-at Seadrift; Texas and 15,000 cubic yards at Port_Lavaca, Texas) for $.95 per cubic yard. I Very truly yours~ BAUER~SMITH DREDGING CO., INC. J. C. M. CRYER J. C. M. Cryer JCMC/imb Commissioners Court Judge Hartzog ._ Calhoun County, Texas . Gentlemen: Our bid for Item 1 79,000 yds. of mud shell is as follows: 55,000 yards d~livered to'SeadriftF.O. B. ~our trucks as called for ...$0.98 per CUbi? yard. _ 15,000 yards delivered to.Port LavacaF.O.B. your trucks as called for .95 per cu. yd. ~ery truly yours, I SMITH BROS. DREDGING CO. By .STANELY A; SMITH Stanely A. Smith SAS:cr I Thereupon on motion made.by Clarence Barton, seconded by Frank Kemper-- the. bid of Bauer & Smith was acc6pted as the lowesttand best bid, and the. contract was awarded to Bauer & Smith, subject to filing of a preformance bond. t . ... r- 120 ~1 -I ~ tt:J N .-- . ,"," ,',.:, BRAZOS OIL COMPANY REQUEST FOR RIGHT~OF-WAY CROSSING At this a Special Te~m of the; Connnissioners r Court of Calhc;>un_ County, Texas on this the 25th day of April, 1955, with all members of the Court being present, on this aaY-cameorifor. oconsi~er.atT6ri th.EJ_f()()lwing application for authority to cross a public_road with a pipeline. by .Brazos Oil Company. And on motion made by C~~rence Barto~, seconded by Ernest Radtke the application was ordered granted and the County Judge authorizeo~ _t_c:' oexeo~,:to~ .~ _~<:~Y: I 01' the above authorization. .- NOTICE OF f'RO!,OSED INSTALLATION PIPE LINES Date. April 22,1955 I To the County Commissioners' Court Calhoun, County Port Lavaca, Texas Formal Notice is hereby given that Braios Oil and Gas Co~ Proposes to place pne(l) or more 2" oil or gas pipe lines wi thin the right-of-way Calhoun County Road". In Calhoun County Texas as follows: 8 inch conduit from right-of-way to right-of-w!V. _ l,or more 2 inch oil or gas lead lines. With a maximim pressure of 1,000 IDs. . The locations and descriptiohof-the proposed line and appurtenances i~ more fully shown by on (l~ copies of drawings- attached to this notice. The line w~11 be con- structed, operated, and maintained as directed by the County Commissioner's Court in accordance with governing laws. Construction of this line will begin on 9r after t he 22nd day of April 1955 t Firm Brazos Oil and 'Gas Company - By J. D. WILLIAMS Title PRODUCTION FOREMAN I Address BOXl272,BAY CITY -. APPROVAL 13.0. Box 1272 County Road. Calhoun County April 22, 1955 To Brazos Oil and Gas Company Bay City, Texas The County Commissioner's Court offers no objection to the location on the right- or-way or your pDopose one (1) or more. 2'" gas or .oil line,S as shown by accompanying drawings and notice dated April 22, .1955 ,except as noted' below. 0.. ,.... _ .. _ . < It is expressly understood that the county-'Coiniiiissioners' 0 Court odoes not purport, hereby, to grant any right, claim~~t~e, or easement in or upon this County. ~oad: and it is further understood that the County Commis~ion~rs' Court .may requrre the owner at his own expense to relocate this line, 'subject to provisions of governing laws, by giving thirtt, (30) daYts_writtennotice. 1. All excavations wi~hin the rfght~of-way and not under surfacing shall be backfil1led by tamping in 6". horizontal layers or by ponding. All surplus mater- .'ial shall be removed from th~right-or-way and the excavation finished flush with surrounding nafura:l-:-groijiid-.~.u---- 0__.. . . .. . . .. Where sodding is disturbed by excavation or backfilling operations, such areas shallbe replaced by mulch sodding on all slopes of 2% or less . All slopes. over. 2% shall be replaced by block sodding. Road crossings under surfaceq roads and up.dersurfaced cross roads within the right-of-w.ay shall be plac.edoby: J:5oring. _. Boring shall extend f rom crown line to crown line.Ali lines Under. the-;road .shallbeenc::losed in satj,sfactory casing extending froniright;';of-i,iay.. .to right-of-way. . All pipe ahall be well- covered a nimimunof 18" beneath the grade line in the ditches in order not to interfere with the blading of ditches. . All vents shall be placed outside of theCbunty Road right-of-way. All labor, materials, and equipment for installing this pipe line shall be available before beginning operation of work, and the work; once started. shall continue without delay trhough completion of the job. <: 0.. I 2. 3. 4. 5. 6. I . l .1 r- . _. 121~ 7. The Brazos Oil and Gas Company'shall'assunie'all responsibility in connection wi\;h ;., \,. the -installation and maintenance of' such line for any damage to the public and adjoining property owners. . _ - . __ All work on the County Road rightiof'-way.shall be performed in accordance with the County Commissioners' Court instructions. The installation shall not damage any part of the road and adequate previsions-must be made to cause minimum inconvience to traffic and adjacent property owners. Special specifications for placing this pipe line are as listed above. . I Please notify Mr. R.C.-Barton. County Commissioner, at Seadrift, Texas Forty-eight(48} hours prior to starting construction of the line, in order that we may have a repre- sentative present. . . I ATTEST: MAURICE G. WOOD Maurice G. Wood, C9unty Clerk, Calhoun County, 1~ ~ 4:. .....1 rr - '- I,-Z ~-/ ~ -/.. ~)oJ~ f> lIy OL \.\A A V.=l . '0 U V) r(/ I ~\lJ ~ ~ -Y 3 - - 0 0 . u s: ~ o -C I V) \) N ((j ,cO ~ \J t) - I . .. IV 0 Y' -t h ~! ( ! \ ! i \-<) *:' rO~1i' S \ Ii? ~ I tJ (0)- - !- :r: i~ LLl6- t-(1f <i I ~' I;t ~ ~ .,ioo/-7' .s Q... FiI o tJ ~ . . _ TH:E:--COUNTY COMMISS IONER-'S,COURT By HOWARD G. HARTZOG Texas . e~ J\ \\~ ':;). '('e- . ...t\o . . \" \1>-( . ./ n_-veV\1'" . -In', 1 ,,/ C Ye ~..s IIV' 11~ (;. ...,j r;J@l r , . oo~ :::;: ~ t.o N . BAY':SIDE BEACH OIL LEASE At this a Special Term of the Commissioners~ Court of Calhoun County, on this the ?5thday of Aprill 1955':"lith e,li members _being present, on motion made seconded and carried, Mary S~ephens, Countl_~r~asurer, was authorized. to execute. I tb,e div.ision orderon',the Bay Side Beach - -. l. --.-i;- -;.- .. -~., _. _. -: .__ _ _ . . ~ . " . Southern Production Company, Inc. - 1 \ RIGHT-OF-WAY STATEHIGH~WAY 238 . Prope:ty as req~ested~by~. D. Coody of . '"0 " At this a ~pecial_~El:r:m of the Commissioners' Court of Ca1ho~_~oun~lL-~I1_ ___ - - -- - - - - -- - - -" _. -~ -- - ~ - -- --- '., . .. this the 25th day of April 1955, l:Ii~rl a1.1. m:wbElrsbefng p'resent, on motion made by Clarence B~ton,. secon<iec1by FraIlk ~e1l!P.e!. anci_a:lopted, the request of Mrs-. AIda Weise for($809.00).Ei&ht h~clr.El_ci. do1.1!l.rs danlage in.e~cess or the Courts' offer of one h1.l.ndr~dj~~OO.~O). do~lars _ an acreJor the right-of-\~ay for State High-Way 238~ wa~ resp'ect~~~ly dElc1inEld, and Mr. Jack Fields, Coun~y Attorney, was authorized to offer M:s. Ald~ .h.'eise, the sum of. ?nellundred ($100.00) dollars per acre for the actual acres included in the new right-of-way and the sum of one hundred ($lOO.OO) dollars for all damages to the lan~ not taken and that .. . . .. .. ri1VA- f14/~ unless such offer _ be accepted withi!l.Ywo week~to prepare the necessary papers for a Jury of Venue to condemn the same. I . MINUTES At this a Special Term of the Commissioners' Court, on this the 25th day of April, with all members being present,. the minut.e.s ...wer.e read and approved. I I :... . / I ~' I -" . -.:~c' ..... ,.. I ~;{~Ii ~ . I RURAL FIRE FIGHTING BOND ELECTION ORDER FOR ELECTION . THE STA~E OF TEXAS ~ I COUN'XY OF CALHOUN 0 On this the 18th day of April, 1955, .the Commissioners Court of Calhou~ C9unty, Texas, conven~d in regular session at~ I a Special. Term of said Court at the regular meeting place thereof in the Courthouse at Port Lavaca, Texas, .with the follow-, ing members of the Court present, to-wit: - HOWARD G. HARTZOG, County .Judge, ~.;FRANK E;' WEDIG Commissioner Precinct N . 1, 0 R ..F. KEMPER. Commissioner Precinct No. 2, ERNEST RADTKE, C ommissi oner Precinct No.. 3, CLARENCE BARTON, Commissioner Precinct No. 4, MAURICE G. WOOD, County Clerk, . and, among other proceedings had by the Court, were thefollowing: I Commissioner Clarence Barton moved that there be submitted to the qualified voters of said County, who own taxable .P!.o.perty_ ill _sa_i:i County and who.J:~ave_~~ly: F_endered the same for taxation, the proposition for the issuance of $50,000.00 of-bc;n-ds'-' of said County for the purpose of purchasing fire fighting eqUip- ment to be used for the protection and preservation of bridges, county.shops, county warehouses, and other county property . - . located in said County, but without the corporate limits of any ~ . . . . incorporated city or town; the motion was seconded by the Cam- ~ . . . missioner Frank Kemper, and carred by t he following vote: . AYES: , . \ Commission~rs Frank Wedig, Ernest Radtke, Frank . Kemper, Clarence Barton: NOES: None. . . T BEREUP ON , the l' ollowing ELECTION ORDER was adopted: WHEREAS,'th~ Commissioners C~urt deems it advisable and I . necessary to submit to the qualified voters of Calhoun ,County, . . Texas, who own taxable property in said County and who have . - . duly rendered t he same for taxation, the proposition hereinafter set forth; I THEREFORE, BE IT ORDERED BY THE COMMISSIOlfERSCOURT' -OF CALHOUN COUNTY, TEXAS: That an electionoo held on the 14th day of May, 1955, in Calhoun County, Texas, at which election t he following propositim . -. .... .... :',iQ:~-B 00"'l1lI ~~ ~ t:5:J N_ . . shall be submitted:: PROPOSITION I Shall the Commissioners. Court of Calhoun County, Texas, b e authorized to iss.ue bonds of said County in the' surn of.,:jpSO,OOO.OO, payable at such time or times as ,may be fixed by t he Commissioners Court, serially or. otherwise, not to,exceed.:'tEm (10) years from ~~ 1 , I t~eir date, bearing interest at a rate not exceeding fire (S%) per.cent per annum, ,and to,levy a tax sufficient to pay the current interest on said bonds-a nd,create a sinking fund suffi- cient to redeeIhtthern at maturity, for the purpose of purchasing fire fighting equipment tObe used for the protection and preser- vation of bridges; county shops, county warehouses, and other . county property lecated in said County, but without the corporate limits of any incorporated city or'town, ,as authorized by Article 23Sla-4, Vernon's CiviYStatutes. The polling places, presiding officers and special convass~ ing board for canvassing ballots of absentee voters, s hall be as follows:: PRECINCT NO. 1 2 , 3 4+ S 6 7 8 9 10 11 12 t 13 14- lS t VOTING PLACE PRESIDING,OFFICm I . t Port Lavaca - County Courthouse Mrs. Charles Moore,J,. Joe Brett Chocolate - Joe Bretts Residence Six Mile - SchoolHouse Robert Meyer Olivia - School House Mrs. G. D. Swenson Boyd School - J. E. Levingston Mrs. E. S. Sanders Residence ~ Magnoti~ Beach - C. E. Sachrison Mrs. Jaw Mollnar Residence <. Long Mott - School House Mrs. Louie Walker . , Seadrift - School House Mrs. Laura Snooks Karney - J. W. McKaney Residence , - J. W. McKamey , Port O'Conner - School House Mrs. Lloyd W. Hawes Mrs. J. C. Williams Green Lake - Moreman Gin Office Heyser - Humble Production Office Port Lavaca - High School Mrs. Kate Moore I ,~ ':; . " ~~ / ,- Mrs. Dick Thayer Mrs. M. M. Little '" SPECIAL CANVASSING BOARD: Port Lavaca, - West Side Elementary Carl Partlow School I D. D. Boyd, Opal Hayes, Wava sch1iesing. That said election shall be held ~der th~ provisions of the Constitution and Laws of the State of Texas, and only quali- . ~ .. t fied voters who own taxable property in said County and who have duly rendered t he same f or taxation, shall be allowed to vote. . ..' l . "" 1, ~ '. -...~~s.- . ~ ~opg -" . . The ballots for said election shall have written or printed theron the following: I OFFICIAL BALLOT ; FOR THE ISSUANCE OF THE BONDS AND T,IJE LEVYING OF THE TAX IN PAYMENT THEREOF. , I AGAINST T HE ISSUANCE OF THE BONDS AND THE LEVYING OF THE TAX IN PAYMENT THEREOF. Each voter shall vote on the porp6sition hereby submitted. ~y placing an X in the squar~ beside the expression of his choice, . or said voter may scratvh or mark out one of said expressions, , '. '. . thus leaving the other as indication his vote. A copy of this order, signed by the County Judge of said County and attested by the County Clerk of said county shall serve as proper notice of said election. The County Judge is authorized and directed to cause said not- , tl.ce of the election to be posted at a pUblic place in each I -' - . roting precinct i~ said County, and ~t the County Courthouse door, which posting shall be done not les8 than fourteen (14) I . , full days prior to the date of said ele~tion. I , The County Judge is fUrther authori~ed ~nd directed_to I. . . _. ~_ cause said notice of election tobs publiched in s ore newspaper of general circulation published within said County, on the same day in each of two (2) successive weeks, the date of the first ~ublication to be n at less than fourteen (14) full days prior I the date of said election. to , PASSED AND APPROVED, this the 18th day of April, 1955. . I (seal) Jl.TTEST: MAURICE G. WOOD ~COUNTY CLERK, CALHOUN iNOTICE OF ELECTION n . _ _ ['HE STATE OF TEXAS I I I COUNTY OF CALHOUN I TO THE RESIDENT QUALIFIED PROPERTY TAXPAYING VOTERS OF HO\>IfIRD G. HARTZOlll' COUNTY JUDGE, CALHOUN COUNTY, TEXAS , COUNTY, TEXAS. (~~'"0~) I CALHOUN COUNTY,' TEXAS: l TAKE NOTICE that an election will beheld on the 14th day of ay, 1955, in said County, in obedience to an election order ~U1Y entered b;y the Commissioners Court on the l8th day of 1\ . April, 1955, which is as follows: :\ij "WHEREAS, the Commissioners Court deems it advisable and , necessary to subnit to t he qualified voters of Calhoun County, ~ , Texas, who own taxable property in said County and who have duly rendered the same for taxastion, t he proposition hereinafter set II -. ...,j ,... ; .'!U~D 00-' ~ ~ c::1 r:s:J . fortn; . THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF I CALHOUN COUNTY, TEXAS: That an e1ectionbe held on the 14th day of May, 1955, in Calhoun County, Texas, at which election thefbllowing proposition shall be submitted: PROPOSITION - I Shall the Commissioners Court of Calhoun County, Texas,be authorized to issue bonds of said County in the sum of $50,000.00 payable at- such time or times as may be fixed by the Commissioners' Court, serially or otherwise, not to exceed ten (10) years from their d.ate, bearing interest at a rate not exceeding five (5%) per cent per annum, and to levy a tax sufficient to pay the current interest on said bonds.and create a sinking fund suffi- ceint to redeem-them at-maturity, for the purpose of purchasing fire fighting equipment to be used f or the protection and preser- vation of br*dges, county shops, county warehouses, and other . . t . C,ounty property . located in said county, but without the corporat~ limi ts of any incorpora~ed cit"j or t own" as authorized by Article 235]a-l4!, Vernon's Civil Sitatuteso. AFFIDAVIT OF POSTING NOTICE OF ELECTION--Fire fighting bond Election . I , THE STATE OF TExAs I I COUNTYIOF CiL HOUN' I . _. BEFORE ME, THE UNDERSiGNED AUTHROITY, on this 'day personally appeared Maurice G. Wood, who, after being by me first duly sworn says upon"his oath: 1. That he posted a true and correct copy of the Notice of Election- hereto-attach-ed-.at-.~ public- place in each election px:ecinc;t. t t 2. That said notices were posted by hom an the 19th day of April, 1955, which was not less t han fou~t~~~ (1~) .full 9-ays. pr~~~ _ . to the date of t he election. , MAURICE G. wcron-. - - - -. - . -- SUBSCRIBED AND SWORN TO bef'ore me by Mauric~ g. Wood, on this the 20th day of April, 1955. I (seal) OPAL M. HAYES (OPAL M" HAYES) NOTARY PUBLIC, CALHQUN COUNTY, TEXAS. I t t . , - '. ~ - r'" """"lIII <l~e . AFFIDAVIT OF POSTING NOTICE OF ELECTION - Re-allocation of County Taxes THE STATE OF TEXAS I I COUNTY OF CALHOUN I , I BEFORE ME, the under.signed authority, on this day personally appear~d Maurice G. Wood, who~ after being by me first duly swor~, says upon his oath: l. That he posted a true and correct copy .of ~he Notice of '" - "., I E1ecti9n for the Re-allocation of County Taxes herto attached at a public place~in each election precinct, to-wit:: 2. That said notices were posted by him on the 12th day of April, 1955, which was not less than thirty (30) full days prior to the date of the election. . MAURICE G. WOOD COUNTY CLERK, CALHOUN COUNTY, TEXAS SUSCRIBED AND SWORN TO >>efore me this the 13th day of Apri1,1955. OPAL M. HAYES (OPAL M. HAYES) NOTARY PUBLIC, CALHOUN COUNTY, TEXAS (seal) AFFIDAVIT OF PUBLICATION OF NOTICE OF ELECTION - Re-allocation or County Taxes. THE STATE OF TEXAS I I COUNTY OF CALHOUN I BEFORE ME, the undersigned authority, on this day personally I appeared Viva Paul, know to me, who being first duly sworn, deposed and upon her oath said: 1. That she is the publisher of the Port Lavaca Wave, a news- paper of general circulation publiched in Calhoun County, Texas; that she caused the attached Notice of Election for the Re-al10- cation of County Taxes to be published in said newspaper on the . following dates, to-wit: April 14th, 1955, April 21st, 1955,and April 28th, 1955, the date of first publication being not less than twenty-one (21) full days prior to t he date of said election. -" 2. -Taht- the-.publication made :is a true and correct copy of said notice, a printed copy of which is attached hereto. I VIVA PAUL SUSCRIBED AND SWORN TO BEFORE ME, this the 28th day of April,1955. MELODY FISHER NOTARY PUBLIC, CALHOUN COUNTY, TEXAS. ( SEAL) I AFFIDAVIT OF PUBLICATION OF-NOTICE OF ELECTION _ Fire Fighting Bond . Electi on. THE STATE OF TEXAS I I COUNTY OF CALHOUN I BEFORE ME, the undersigned authority , on this day personally appeared Viva Paul, who, after being by me duly sworn, deposes and .......-:.... '. , .............. ". says: 1. That she is the Editor of Port Lavaca Wave, a newspaper of general circulation published in Calhoun County, Texas. 2. That she published a true copy of the Notice of Election hereto attached in said paper on the same day in each of two (2) n"~ ~)l,siv-8-w..e.eks" em t.b&..f' ,,11 ""'1ng rJ "t." "'-d-D.::.-wit,.: .. ....l ,... 1~.~-F 00"" ~ ~I W N . April 21st~ 1955,~ April 28th, 1955, the date of the first publication 'ooing not less than fourteen U1t) --........;- - - ~ . \ full days before the date of the election. _I I . VIVA PAUL . SWON AND SUBSCRIBED TO before me by Viva Paul, on this the 28th day of April, 1955. ( SEAL) ~ i- MELODY FISHER NOTp,RY PUBLIC, TEXAS. - CALHOUN COUNTY, I . < ,. ~_____ ________i__._ i '. t-. . , . . - . ~ - ~. , I t t t , - < . " t . < I ... ~C>-:--__~ w _ . I < . . ,. l . r 123-'" . \ ,- REGULAR MAY TERM HELD THE 9th & lOth, May, 1955 I THE STATE OF TEXAS I I COUNTY OF CALHOUN I BE IT REMEMBERED, that on this the 9th & lOth day of May,1955, there , I was begun and holden at the Courthouse in the City of Port Lavaca, said Coun- _ty and state a Regular Term of the Commissioners Court within and for said County and State, same being the Regular Term 1955, and there were present on this date the following officers of the Court, to-wit: HOWARD G.HARTZOG,County Judge FRANK E. WEDIG, Commiss~oner Pro 1 R. F. KEMPER, Commissioner Pro 2 MAURICE G. WOOD, County Clerk ERNEST H. RADTKE, Commissioner Pr.3 CLARENCE BARTON, Commissioner Pro 4 . WHEREUPON the-following orders were made and entered by said:Court to-wit: - - - -.- - - - - - - - - - - - - - - - - EMERGENCY PURCHASE OF COUNTY GRADER--PRECINCT NUMBER 4 On this the 9th & lOth day of May, 1955, at a Regular Term of the Commissioners Court of Calhoun County, Texas, with all members of the I Court being present, whereas after due consideration of the Court the Court finds and determines that use of t~e County Maintainer in the Const- ruction work on Road District No. 1 Project, financed by the recent three hundred thousand ($300,000.00) dollar bond~~fssue, caused unforeseen depreciation and damage to such grading machine and required it"s immediate replacement and whereon the normal trade in allowance would not have ex- . , ceeded six (6) or seven thous'and ($7 ,.000.00) dollars, and because such type of machine even in its de~reciated.condition because.of the scarcity Of its type in this locality had a temperory market value of nine thousand ($9,000.00) and after consulting the Court and after '-seouring'.'gevera1 bids from several compet~tivepurchasers, said machine was sold for that sum, and in the emergency replaced by a new machine at an additional:'_ cost of six thousand five hundred and seventy four ($6,574.00) dollars, and the Court finds that said transaction savec Calhoun CoUnty between two (2) and three thousand ($3,000.00) dollars and was benificial to I I Calhoun County and that therefore the transaction should, in such emer- gency be in all things approved, thereupon; On motion made by Clarence Barton and seconded by Frank Kemper and un!lllliously adopted, the Bid of Vi11iam K. Holt Machine Company, in the sum of six thousand five hundred and seventy four \$6,574.00) dollars for the emergency purchase of a motor grader for Precinct number 4,.was ----~- ordered approved and paid. RIGHT OF WAY STATE HIGHWAY NO. 238. HENERY MAREK PROPERTY, TRACT I. .942 TRACT II .605a TRACT III .451 . .... ""-124 00-' ...... ~- ~ t.o N J'/ e ---1- - ~---I On this the 9th and lOth day of May, 1955, at a regular term of the Comm- . - -issioners Court of -Calhoun Countr ,_ 'With. all members -present, on motion _made by Clarence Barton seconded by Frank Kemper, County Attorney Jack Fields 'Was authorized and instructed to,in the name of the Commissioners Court to I offer to Benry Marek as damage for the land to be taken and damage to the - remaining 'land the -sUlncof one hundred ($100.00) dollars per acre 'With the added consideration of the Counties.agreement to move and rebuild the exist- I' irig fence on the ne'W rigtit of 'Way line and move the tennant house on the north 'West side of .the-roadand that unless this final offer be accepted within ten (10) days from notice, that t he County Attorney prepare the .'Papers and orders for condemnation of the same. ARMY CAMP INDIANOLA PARK e- / On this the 9th and 10th day of May, 1955, at a regular-term of the Commissioners Court of-~~lhoun-County,~Texas~ wi~h-all-members being pre- sent, there came on for-consideration thelegal -opinion of Ross-Ter~y, County Tax Attorney, as to the'Counties o'Wnership of certain lots purchased by Dick Turpin at a taxsale as'shown by the records, 'Which letter is as follows: April 25,1955 , I HON. Howard Hartzog, County Judge, Port Lavaca, Texas. , . , . De.a.r Sir: The case of state V. Moad, 207. SWC2d) 894, by the Supreme Qourt, and cases -there cited, hord. that- wh.ere' the- state or County acquire .the l' ee ti tIe toproper~y previously subject to a tax lien in their favor, the lien is merg-edwf'thtnefee -title and ceases to exist. No longer existing, such lien could riot be foreclosed after acquisition of the f_ee title~ The cases do not make any distinction as tot he manner in 'Which the l' ee title is acqUired, whether by ff'orf'eiture, tax sale or condemnation. . . ... ~. - - The above concerns a lot in Bayside Beach area which t he county condemned and whicnwas later sold for taxes 'by this office~. -The title information on which the tax..suit 'Was based did not show the condemnation suit and ownership by the--courity.-Had it done so, the suit 'Would never have been filed. ' e i . Very truly yours, ROSS -TERRY Ross Terry , . - I _The Court dis?uss~d the legal q~estion with Dick Turpin of Victoria stating the position of Calhoun.County, that t he County still owned such - t lots and that such t ax sale was void, and made an_made an offed to return ; to Dick Turpin all of the tax sale purchase price and all taxes paid by him . since such time of sale. . , I \ Mr., Turpin denied the owne~fhip of the County, and the matterwas post- poned until after t he surveys now in progress~w~ere completed. . . ~ - -... ~.:" . - . - . - . -. - - - - . . - - - _.. - - - -- . - - - . - .-- . ----- e ~ I"'" 125 ".. . II II ij COUNTY HOME DEMONSTRATION AGENT VV\~~J~6'; I' I' ,\ II i , , 1 Mr. Cyrus Cook, County Agent, introduced to the Court, Mrs. Marian McKellar Harriss, who was recently recommended by Mrs. Fannie Brown Eaton, District Agent, for apP?intment as County Home Demonstration Agent of Calhoun County to the va- cancy that has exixted for several months which letter of recommendation ia as 1 Gonzales, Texas May 5,1955 I II ,: 'I II 'I I, I follows: County Judge Howard Hartzog Members of the Commissioners Court Calhoun County Port Lavaca, Texas . Dear Judge Hartzog and Members of the Commissionerl's Court: I am Happy to recommedn the appointment lllf Mrs. Marian McKellar Harri'ss as County Home Demonstration Agent of Calhoun County effective May 16,l955. The County salary to be $1,350.00 per year and $500.00 travel allowance. Mrs. Harriss is a graduate of the University 0 f Texas. She has had several years experience in home economics in business. She was an outstanding student at the University. I think that Mrs. Harriss is well qualified for the position of County Home Demonstration Agent. I wish to express my appreciation to each of you for the fine cooperation and heop you have given the Extension Service. . - - Yours truly, 1 FANNIE BROWN EATON Fannie Brown Eaton District Agent FBE.br Thereupon on motion made by Clarence Barton seconded by Frank Wedig and unamiously adopted, the recommendation was approved and Mrs. Marian McKellar Harriss was appointed as Home Demonstration Agent of Calhoun County at the salary provided by the 1955 budget, in the arrival amount of $1,350.00 pay- . able in 12 monthly installments. . WESTERN BIGHTS ADDITION Mr. Burris subdivider of the Wester Hights Addition to the City of Port Lavaca, but outside of the City limits, appeared with the request t hat Calhoun County accept all of the cut graded and shelled roads on streets in such -I Thereupon on motion made by Frank Wedig seconded b y Clarence Barton and I, I I I subdivision. . ~ - - - ~ unarniously adopted it was ordered that t he streets and publiC roads of the Western Heights Addition as the same appears on record in Volume 72, Page 49 of the Deed Records of Calhoun County, Texas, be accepted and maintained by the County. . , 1 ELECTION OF NAVIGATION COMMISSIONER On this the 9th and 10th day of May, 1955, at.a RegulLar Term of the , Commissioners Court of Calhoun_ County, Texas, _"d:thall, members being present, . on motion made by Frank Kemper seconded by Frank Wedig and unarniously pass.ed <. -~ : . ,,~ " ~ r \ t1.:',..1 ,- + ..,) ~. "- . , , :~. j -; ~ '..~' '.'_ . c " '., .. . '.~ ~... . ~- , ,./ .' , .:. :",.:. -._ . _ ,_ .'.::' r \.1.: ': ,~: ",_.,.:; r.~ ':; ""0 :.l':' . '.,.- ,::(.~- .... ...,j "'126 O!J~ ~ ~. ev lo'4. . ( it was ordered that the petition filed April 27,1955, signed by Leon Cuellar and 48 other citizens callIng for an alternate election under the'provisions ~f ChapterJ:95, -Page 535, Acts of the R'e'gular Session of the Texas Legislatu're in 1953, be denied on0theeadvice of County At~orney, Jack Fields, that the same does .not does not conrorm t otthe:"requirements of statute in that the same was net I sworn as provided by law. " .. GEORGE STREET EXTENSION ACROSS S.P. RAILROAD TRACK On this the 9th and 10th days of May, 1955, at a Regular Session of the Commissioners Court of Calhoun County with all members beIng present, on motion made by Frank Kemper and unamiously adopted. The County Judge, ~oward G.: Hartzog, was authorized and instructed to re- quest the S. P. Railraod to authorize a crossing overtthe tracks and Railroad Right of ~ay,~orth west of ~ort Lavaca, at the iqters?ction of the extension of George Street into State Highway Number 35, just south east of the Coast ". .. I . Materials .Crossing and that a map 'or. such addition be secured and forwarded , . . with this request. ;- WARRANT NUMBER l2874, SANDERS WELDING SERVIcE . On motion made by F~ank,Wedig seconded by Frank Kemper warrant no.12874, dated February 14th, 1955, be ordered conceled as the same was lost or des- troyed, and the cler~ be 'authorized to issue a new warrant in t he sum of j Twenty seven dollars and ten ($27.10) cents payable-to Sanders Wedling Ser- vice, . iIi. fieu thereof and that t he -Clerk notify the First S-tate Bank accord- .1 . , ingly. GRAND JURY RECOMENDATIONS AS TO JAIL MAINTANCE This the 9th-and lOth days of May, 1955, at a Regular Term of the Commiss- , ioners Court of Calhoun County, Texas, with all members being present, the '. question of amending the budget to provide additional janitor. service- in. - -' -- - H connection wi tb. the Jail and Courthouse, has been referred to t he County' AUditor, James Houllihan, in the absence of Mr~Houl1ihan, attending the ' Houston Convention of the "Knights of COlumbus, as state Secretary be post- . " poned until his return. .~ CONSTABLE OF PRECINCT. NUMBER 4 The Bond and Oath of B. O. Edwards as Constable of Precinct Number 4 was ordered approved and filed for record. ':1 INSURANCE HospITALIZATION PLAN 0:::-, On this the 9th and lOth days of May, 1955. .at a Regular Session oi.'the .~, ., ., ~ '1 Commissioners Court of Calhoun County, Texas.-wltln}i,ll'memb'ers-b-e.in'g pre-s'ent'.--- Mr. R.E. McCubben, representing Tray.elers. States that 25% must be paid by ':?,I.. ~. r the 'employer on any group covered. ' d C-:--""":::j That accident insurance of two thousand ($2,000.00) dollars per person for ~ ---. ~~.: , ....r',;:. ~;v . , l ...oIIl 127 -.... . the sixteen (16) hours a day not covered by Workmans Compensation as follows: $8.00 per day Hospital room charge, ~160.00 to cover surgery, and 75% to 1;.000 I '" additional, ect. $6.30 pe~zear. $2.84 per individual, estimated cost, to,the "-.., County. Postponed for further study and consideration. '..;, - "- SWORN PETITION FOR NAVIGATION ELECTION I an this the 9th and lOth days of May, 1955, at a Regular Term of the Commissioners Court of Calhoun County, Texas, with all members being present, Maurice G. Wood, County Clerk, presented tothe Court a petitionf i1ed under date of May 9th, 1955, in the form of an amendment to the susworn petition previously filed on the 27th day of' April, 1955', fort{fi~e(45)',. days prior to t he expiration of the terms of office of incumbents Alton W. .White and Rona1 J. Roemer on June 9th, 1955, that prior to the filing of such amended petition the Court on advice of the County Attorney, the Commissioners Court, ;~ :. ~ . hertofore denied the original unsworn petition, and according to the County Attorney there is a question upon which he desires the assistance of the Attorney~Generals Department, and that the question is as follows. (1) Could the Commissioners Court (under general law) on its own motion without a legal petition as required by t he law creating t,he District, call . an ele ction to elect r ather than appoint Navigation C ornrnissioners. I (2) After a denial of the original unsworn petition could the Court under ",,:. the law, prior to expiration of the -orig.fna-l-t-erms,-but.within-g. l-ess- th-an------ forty five (45) days accept an amended petition duly sworn to and then be ... ..... . :;: ,.~ ~J,,:- l,~ ~-:\."'~ ',1, .~. ",. . ';-.~...it\ , empowered to c all an election. . - - (3) Would the election of Commissioners by an election not in conformity with the special statute cause any tax ley or bond issue to be question by . the AttorneYi'Generals Department. Thereupon on_motion made by Clarence BartOn -and seconded by Frank-- Kemper, action on the amended petition was post poned and the County Attornew , instructed to prepare a brief and submit the above question to the attorneYJ generals departIlIlnt of Texas for t he opinion of that department. ./" /- I PORT LAVACA COREORATION DITCH On. this the 9th and lOth days of May, 1955, at a Regular Term of the Commissioners Court of Calhoun County, Texas, with all members being present, Mr. Jess Holman owner of land at the lower end of' the corporation ditch, outside of the City limits appeared and made a request that he would lik~ I assistance on such project:" and requested the right to dam the same. The question was taken under advisement. . , DELffiATION OF SHERRIFFS DEPARTYLENT AND PORT LAVACA POLICE DEPARTMENT On this the -9th and lOth days of May, 1955, at a: Regular Term of the Commissioners C'ourt of elalhoun County, Texas, with all members being present, . ll.... .... ""-128 00" ~ ~ t:~ N . - \c'onS!sting ,- Burris and of L. M. Fisher,Oscar Cavi11an, Ed Moore, Chief Sam Day, Deputy Deputy Shaffer. , L. M. Fisher. as sp'okesman statesthat "'the problem of 'combining 'the opera- I . tion of a joint radio unit, by the sherriffs department and the City Police depends on securing of an adequate build~hg adjacent to the Court House and - Jail house grounds, and that the S~ith Estate home would provide such a t " . - - building, which could be used until the new Courthouse and. Jail was author- ized and constructed and could thenb e employed "as a parking are-a with the building moved to t he fair grounds as a care takers home", or for other pur- poses, and he stated thathe ";as informed that some of the heirs might be r , interested in selling as the house was vacant. After discussion the follow~ I ing action was taken; , , . On motion made by Clarence Barton seconded by Frank Kemper it was unamiously determimed that the Smith Estate Homestead directly back of the jail should be acquired by purchase or condemnation for the use . .' of County business and for law envorcement purposes and for possible use as . . a parking area if and when. a new Courthouse is provided and that t he County Jud~e be, and is hereby authorized and instructed .to contact the owners there- of and offer the sum of five thousand ($5,000.00) dollars for the purChase of the fee simple title to the same. ELECTION JUDGE PRECINCT 14 POINT COMFORT BOX , ,On this the 9th and lOth days of May, 1955, at a Regular Term of'the I - Commissioners Court of Calhoun County, Texas, with all members being present, . - Mrs. M. M. Little called to inform the Court that she and her family had moved to Port Lavaca and could not serve as prese,ding judge of Precinct No~ 14 Thereupon the Court appointed Mrs. Paul Shaffer as preseding judge. LOGKWOODS AND ANDREWS - MORMON GIN ROAD - - On this the 9th and lOth days of May, 1955, at a Reguaar Term of the Commissioners Court of Calhoun County, Texas, with all members being present, . After due consideration and discussion, authorized the signing and transmittal . of the following self explanatory letter: May 19,1955 , , .. ( Mr. W. A. Brinkman Lockwpod & Andrews Consulting Engineers P.O. Box 175 Victoria, Texas , I Dear Sir: .' . On Monday, May 9th, 1955, the Commissioners Court of Caihoun County, made a survey of the condition of the right-of-way and shell road surface of the connectlng-CoUnty.road-leading-l'roriJ.-the-State'Hignway35, down to ---- the Woods and Sikes prppert~, to the Long Mott county Road. I __ If you have checked the rec,ords o~r..County road right-,of-way is sixty. . l ..... ~ 129 ~ . I- (60) feet wide. Through some mistake or error, your associates have s~~e~ lateral (l:a) from the main structure uptoward Highway 35, and the Court is informed that from t he location of the stakes, that it is your intent to .cut a ditch using a portion of the Highway shoulder and the Highway right-of-way. This intention seems to be borne, out by the manner in which a portion ,of the lateral has already been cut into the Highway right-of-way, adjacent to the Hahn land. ~ This construction has already destroyed the latera~ support of the shell road surface and endangers the entire right-ofl-way through future erosion. Your drawings disclosed this 1ateral-t 6 b e,located outside of ,the County right- of-way ans was soapproved by the Court_. 1 , The court cannot believe that your firm intended to destroy this necess- ary CoUnty Road-, and we hereby request t ha t, you recheck your survey a nd have the contractor rebuild the bar ditch adjacent tothe road surface back to the condition and depth of the ditch as it originally existed, within the County right-of-way prior to tQEs excavation. The Court further requests that in all future excavations you have your engineer begin this construction outside of a 11 Highway right-of-ways so as not to increase thedepth of the adjacent bar ditch on the road surface side. As an engineer you will certainly agree that this request is necessary in the interest of public saftey and t he protection of Ii ves, and public property. . Yours very truly, The Commissioners Court of Calhoun County, Texas. HGHjrnr HOWARD G. HARTZOG By Howard G.-Hartzog, County JudgeL C!i11:101!Xl Co~nty, . '!'~JS:~s CC J. C. Williams Commissioner Drainage DiIlstri.ct #10. Port Lavaca, Texas 1 J. S. Sikes C01l1ll1issioner Drainage District #10 Port Lavaca, Texas William Hahn C01l1ll1issioner Drainage District #10 Port Lavaca, Texas McGinnes Bros. Inc. Excavating Contractors Box 2475 Houston, Texas , BLARD6NE ESTATE DRAINAGE DITCH -ON NOTICE TO CLOSE BLARDONE DRAINAGE DITCH . . On this the 9th a nd 10th days of May, 1955, at a Regular Session of the Commissioners Count of Calhoun County, I. .D. D. Boyd, Attorney for Blardone Texas, I Estate with all members being present, stated that in giving notice to :1 Commissioners Court, that the estate intenddd to close such structure that they requested no hearing, an_ did not admit qE_reco~~ze anye~sement_on_th~part of Calhoun County, the State ~ighway Department or anyone else. W.W. Wilson stated that in 4is opinion the Court had no jurisdiction to agree to the closure of the ditch, that the pUblic had a 11mita~ion right that the closure would flood.thousands of acres of upper land, that it would be a matter for determination of the District Court. :1 Larry Dio, representing Mr.L. M. Fisher, objected to closure of the ditch would flood the Fisher property, ,and that he would be forced to close it on his property if it was closed above him. . ... ...,j "'-130 "'II 00 ~ ~ R3 . , ~ r Mr. Henry Wehmeyer, stressed t he need of more adequate draJnage in the = ar.ea. - Mr. King of the State Highway Department, made a summary of drainage , needs in the specific area, that the closure of the ditch would be undesirable I to all property owners. Mr. Carter, s.tated that he had farmed the land since 1952 and the ditch p , has been closed some nine thou~an~ (9000) .feet to the south and that no water - ~ had flqwed past the block during his time, and he wants to know, what would ;:. .:.. ("' ,;" . I~ . ^ happen; in"s,-" flood. . . '-''4.._ .. :... .~'/ ';''.\ "f~~..'~~( ",o<:,;:,";~':-"~~:;;;"'b":;~""~"~"",~",,,for~' _ _ _< . At-tq.~" conclusion of the~he_eEiIlg ~ommissioner Barton moved that since all . '., ":-......",..,-:; the attorneys-r.epresenting all_partys~reed that no. action as might be taken I evidence produced,the. Court wou1~"not have jurisdiction to grant consent to .' . ~~:~, the closure of su~h drainage s!~re or be certain that it did not h~ve an easement by an oral .grant. or by perscription and that no action be taken by the Cour~.until ~.ft~r a .legal_ c:te~~rminationby the Courts of proper jurisdiction. . STATE ,HIGHWAY _'ENGINEER . On this the 9th- and 10th days of May, 1955, at a Regular Session of the ~,~~ . . Commissioners Court of Calhoun County, T-exas, with,sll members being present, , Mr. W. A. King, State Highway Engineer requested that the Court obtain all . . right-of-way and complete fencing of Stat e Highway Number 232 by t he 20th day of June,1955, at which time the District Office will be ready to submit final plans to the State Highway Department to let the_bids. I: TAX ASSESSOR COLLECTOR'S REPORT FOR APRIL APPROVED On this the 9th and 10th d~s of May, 1955, at a Regular Term of the Commissioners Court of Calhoun County, Texas, with all members p~esent,. Mrs. C. J?_G~:!-<j.;,y,_D~P1,11;y, pr~sent~d_1;tJ.El,Ta~_As?ess9r":,CollectorsHepor~_,?f the _ _ month of April, together with p he taJC receipts and other receipts accompanying S)lllle, and finding said re.port to ,be corr,ect eand in due form. _ Ther..eupon .the:,_ motion being duly made, seconded and unanimously carried it is order.ed.that , . , I. said report is hereby approved. TREASURER'S REPORT APPROVED FOR APRIL On this the 9th and lOth days of May, 1955, at a Regular Term of the Commissioners Court of Calhoun County, Texas, with all members present, Miss I' Mary Stephens, County Treasurer present her ,report for the llDnth of April, and it having be.en read in open Court, and the Court. having duly considered l' the same together with the. exhibits accompanying same, and having the balances compared in the various account::, and.finding< said report to be <correct, .on motion duly made, seconded and carried, ,the report was approved for. the month I ,.-crf April. . . ~ ... ~ r- 131 ~ . .~ ..;:- I SP&;IAL TERM HELD MAY 16th, 1955 I THE STATE OF TEXAS I I COUNTY OF CALHOUN I BE IT REMEl1BERED, that on this the i6th day of May, 1955, there was begun and holden at the Courthouse in the City of Port Lavaca, said County , and State a special T~rm of the Commissioners Court within and for said .. ................................ County and State, same being the First Special Term May, 1955, and there .. ~ ,. .. .. .. .. .. .. " .. . .. was present on this date the following officers of the Court, to~wit: HOWARD G. HARTZOG, County Judge MAURICE G. WOOD, County Clerk, . ?t,.\),RRANk E. WEDIG, Cornrnissioner Pro 1 ERNEST H. RADTKE, Commissioner Pro 3 R. F. KEIWER, Commissioner Pro 2 CLARENCE BARTON, Commissioner Pro 4 WHEREUPON the following orders were made and entered by said Court to~\~it: - - - ORDER CANVASSING RETURNS AND DECLARING RESULT OF ELECTION - re-a110cation THE STATE OF TEXAS I I COUNTY OF CALHOUN I , -'. I On this the 16th day of May, 1955, the Commissioners Court of Calhoun . . County~ Texas, convened in regular session at a Special Term thereof, at . the regular meeting place in the Courthouse at Port Lavaca, Texas, withthe . following member"s. present, to-wit.: HOWARD G.. HARTZOG, County Ju~g~, FRANK E. WEDIG, Commissioner Precinct No.1, R. F. Kemper,oCornrnissioner Precinct No~ 2, ,0 . ERNEST RADTKE, Commissioner Precinc~ NO.3, CLARENCE BARTON,- COmmissio-ner- Pre-cin-ct No.4, ]~URICE G. WOOD, County Clerk, and, among other proceedings had, were the following: There came on tobe considered the returns of an election held in said I County on the 14th day of May, 1955, for the purpose of_submitting the fol- lowing proposition to t he resident qualified property taxpaying voters, who own taxable property in said County and who have duly rendered the same for taxation for their action thereupon: PROPOSITION I Shali the Cornrnissioners Court of Calhoun County, Texas,be authorized to levy and collect in each year for a period of six (6) years from the date of said election, county taxes as 1'011ows: Not exceeding Thirty (30~) Cents on the ~lOO.OO valuation, in anyone . year, for County purposes; Not exceeding Twenty-five (25~) Cents on the $100.00 valuation, in anyone year, for the erection of public buildings and other permanent improvements ;;- , .... .... ~132 co-, ~ ~ eo N . .'---- Not exceeding Twenty-four (24ji~ Cents on t he $100.00 vlluation, anyone year, for roads and bridges; NoF .e~ceedi~g One (lji) Cent on t be $lob'.oo valuation, in anyone year,.j;2~ ~S]lPP)':~ep:t_ th~ .jupy_ fU!ld of :t.h.e. Goun:ty, in 1 And it appearing that said election was in all respects legally held after due notice had been given, and that the said returns were . . duly and legally made and that t here were cast at said election 440 1 valid and legal votes, of which number there were cast: FOR RE-ALLOCATION OF COUNTY TAXES ....~...........343 votes. , , , AGAINST RE-ALLICATION OF COUNTY TAXES ............ 93 votes. IT IS THEREFORE ORDERED AND DECLARED BY the Commissioners Court -. . of Calhoun County, Texas, that he proposition so ,submitted was sus- . .. - _ i . tained by a jamority of the resident qualified property taxpaying . . . voters, who owned taxable property in said County and who had duly." rendered the same for taxation, voting at said election , and that - ~ ~ - the Commissioners Court of said County is authorized to levy and collect the taxes a's'.s.e-t ouY1n sa-fd pr-op'osit1on-'- .--- ----.--. . The above order being read, it was moved and seconded that same do pass. __Thereupon, the question being called for, the following mem- , , bers of the Court voted AYE: Frank Wedig, Frank Kemper, Ernest Radtke, ,I Clarence Barton, and the following v oted NO: None. t FRANK E. WEDIG COMMISSIONER PRECINCT NO. 1 R. G. KEMPER COMMISSIONER PRECINCT NO. 2 HOWARD G. HARTZOG C OUN'H JlJDGE ERNEST RADTKE_ COMMISSIONER PRECINCT NO.3 CLARENCE BART ON ,COMHISSIONER PRECINCT NO.,J:I, . . ORDER CANVASSING RETURNS AND . a DECLARING RESULT OF ELECTION- Fire Fighting _Equipment Bond Election . THE STATE OF TEXAS I I COUNTY OF CALHOUN I t t . Commissioners t On this the 16th day of May, 1955, the Court or -- Calhoun County, Texas, .convened in regular session at a Special Term thereOf, at the regular meeting place in'the Courthouse at Port Lavaca, I Texas, with the following members present, to-wit: HOWARD G. HARTZOG, County Judge, FRANK E. WEDIG, R. G. KEMPER, Commissioner Precinct No.1, -~--c-Offiii1issioner Precinct No.2, - - CLARENCE BARTON, MAURICE G. WOOD, ~- Commission~r$Precinct No.4, County Clerk, ~~ 'I, "4 _. _ ERNEST RADTKE~ Commissioner Precinct No~ 3, , , and, among other proceedings had, were ~he following: . . l ~ r I 133~ . There came on to be considered the returns of an election held in said County on the 14th day of May, 1955. on-the- following proposition: PROPOSITION I Shall the Commissioners Court of' Calhoun County, Texas, be authorized to issue bonds of said County in the sum of $50,000.00, . payable at such- time or times as may be fixed by the Commissioners Court, serially or .:. otherwise, not to exceed.t en (10) years from their date, tearing interest at a rate not exceeding five (5%) per cent per ann~, and to levy a tax I sufficient to pay the current interest on said bonds and create a sihking fund sufficient to redeem t hem at maturity, for the purpose of purchasing , fire fighting equipment to be used for the prot ection and preservation . . of bridges, county shops, county warehouses, and other county property lo'cated in said County, but without the corporate limits .of any incorp- orated city or town, as authorized by Articel 235la-4, Vernon's Civil Statutes. ,. AND IT APPEARING that said election was in all respects legally held after due notice had been gi~en and that t he said returns were duly and legally, made, and th?-t there were cast at said election 438 valid and legal votes, of which number there cast: , I. FOR THE ISSUANCE OF THE BONDS AND THE LEVYING OF THE T':AX IN PAYMENT THEREOF................... .297' vot"es. AGAINST THE ISSUANCE OF THE BONDS AND THE LEVY~ ING OF THE TAX IN rAYMENT, THEREOF.................141 votes. IT IS THEREFORE ORDERED AND DECLARED by the Commissioners Court of Calhoun County, Texas, that said proposition was sustained by a maj~r- ity of the qualified property taxpaying voters, who owned taxable ~rop~ erty in said County and who had dul~ rendered t he same for taxation, and . . . that t he Commissioners Court of :said County is authorized to issue said . bonds and to levy and have assessed and collected the tax in payment thereof. The above order being read, it was moved and seconded tha~ same do. pass. Thereupon, the question being called for, the following members I of the Court voted AYE: Fr~nk Wed~g,Frank Kemper, Ernest Radtke, Clarence Barton: and the following voted NO: None. . -. , HOWARD G. HARTZOG COUNTY JUDGE I FRANK E. WEDIG COMI~SSIONER PRECINCT NO. 1 R. F. KEI'lPER COMMISSIONER PR~INCT NO. 2 ~-- ERNEST H. RADTKE COMMISSIONER PRECINCT NO. 3 CLARENCE BARTON COMMISSIONER PRECINCT NO. 4 Board recessed to attend Advisory board hearing at 8: P. M. May, l?, 1955. -. ADVISORY BOARD MEETING--- All present. . . ",,-.. .... ..... r134 I I oo"""llll ~ ~ ~ N '- . <;:; !::- DIRECTIONAL DRILLING OLIVIA TO.rnSITE , On t his the 18th day of May, 1955, at a Special Term of the Commissioners Couct of Calhoun County, Texas, with all members Q eing present, there came ,~ > , I on for consideration: R. A. Barton, Attorney, appeared in the interest of and the Amerada Petroleum Corporation for permission to drill directional wells from lots 36 to 23 of the Olivia Townsite, to I the waters of Ke1lers Bay, without_irijurying the surface of the roads and On motion made by Ernest Radtke, seconded by Clarence Barton and I streets. , unamiously passed t he following petition and orders were approved and the County Judge and_ Clerk directed to execute"the conditional grant of c permissio~ which requires the consent of the surface owners and their assigns. , , TO THE HONORABLE COMMISSIONERS COURT OF CALHOUN COUNTY: GENTLEMEN: . May 18th., A. D. 1955 . You will please be advised that the undersigned, the Amerada Petrol- eum Corporation, with offices in the National Bank of Commerce Bui.1ding, at San Antonioi Texas, has entered into negotiations with the surface owners of Block No. 23, and with the surface owners of Block No. 36, ''; .;; .. .. ;; ;,. .. . . .. ~ . ;,> . . .. . 0; . . Townsite of Olivia, Texas, a s per plat of asid town as redorded in Vol. M, Page 532, of 'the deed re'dore:s' 'of' 'CaJ:hciun County, Texas, f or the pur- pose of placing oil rigs and the necessary machinery on one or both of said blOCKS, and to d rill a directional well or wells f rom said location or locatrons, under the appropriatecstreet or streets abutting and sur- rounding said block, or blocks, upon lands leased by the undersigned from- I the State of Texas,coveredby waters of Keller's Creek, and Kellar's Bay area of Calhoun County, Texas. It is our understanding that the streets and alleys of the two named blocks have never been closed and . are under-the jurisdiction of the cOl1ll1lissi"oners Court of Calhoun County, Texas. t Request is respectfully made that t he Hom. Court, grant to the surface owners of said Block No" 23; and 36, oruto the assigneesof said owners, including the applicant, or it s assigns, in the event negotiation , I are completed with wither the owners of Block No. 23 and or of Block No. 36, ----- ---- the permi.t. right--to-directionaldrell.,.operate and.maintain,_ .a_welL_or._ -.---- wells for oil, gas and other minerals fromib-citlf or either of said Blocks, . - . -. . + - - - -----. -. - - _.__._~ I under the surface of said surrounding streets of said Blocks No. 23 and or Block No. 36, inCluding the alleys of said Blocks, said operation to fue so conducted as to not interfere, or cause injury to t he surface of said . , ' ~ streets or alleys. Respectfully yours, Amerada Petroleum Corp os at ion, . By R. A. Barton, Its Attorney. .. l ..... ,...---- 135 ~ . ThE STATE OF TEXAS COUNTY OF CALHOUN May 18th, A. D. 1955. This day came on to b e considered by the Court, a quorum being I present for the transaction of business, the above application of the Amerada Petroleum Corporation, and the Court having fully considered the same, deem that the permit should be granted as outlined in the application, and upon motion duly made, seconded and carried, the I following permit right is granted by the Court, to-wit: Authority is hereby granted the surface owners of Block No. 23, and the surface owners of Block No. 36, of the Townsite of Olivia, Ca1J::loun County, Texas, as per plat of record in Vol. M, _page 532, of the deed redords of Calhoun County, Texas, or the-owners of either of . said b10~ks, or their assignees, including the Amerada Petroleum corp- oration, if th~y obtain the. surface right from the owners of either of' said Blocks No. 23, or 36, of the T ownsi te of Olivia, Texas, the permit to directionaldrill, a well or wellls from either Block No. 23, Block No. 36, or either of them,.b eneath the surface- of the streets, surrounding or abutting the two named blOCks, into t he lands as leased by the Corporation from t he State of Texas, covered by t he waters of I what is ~own as t he Keller's Creek; Keller's Bay area of Calhoun County, Texas, including in and under t he alley of said Block No. 23 and to maintain the same conditioned however that said operations sha1]. be so conducted as to not iu.jury or interfere,with the surface of said street s" Entered in the minutes oft he Conunissioners. Court of Calhoun as of the dat3 of May 18the., ~. D. 1955. . SHERIFFS DEPUTIES HOI-IARD G. HARTZOG COUNTY JUDGE 0 F CALHOUN COUNTY, TEXAS On this the 18th day of May 1955, at a Special Term " I L. M. Fisher appeared before the Court and stated that Mr. Ed. Moore was leaving at the end of June md thlt Powell intended to resign, which would leave him with only, Oscar Cavallin, Cheif deputy, Robert Beyers a part time deputy and D. B. Halliburton a part time deputy. Mr. Fisher stated that the use of part time deputies was not satisfact- ory under t he present ccnditions, and that he could better serve the County by the use of fewer deputies but have all deputies except Halliburton on a full time basis, $900.00 expense. That under the 1955 budget the Court has authorized-- I Cheif Deputy at $4,000.00 County Car 1 deputy at '3,300.00 County Car 1 deputy at $480.00 - 1 deputy at <~~ I with car allowance ,$600.00 $480.00 $600.00 -- 1 deputy at $480.00 $600.00=$3240.00 -. ... ""'-136 oo""'llll ~ ~ ~ N . >- . . Mr. Fisher planned to terminate all part time deputies except Mr. Halli- burton and re.qilested that he be authorized to combine the offices of part time deputies and to employ one full time deputy at a sallary not to exceed $2,600.00 pluss $600.00 car expense. Court requested hearing with t he County Auditor prior to budget I amendment. , , Special Term" May 20th, 1955 I TAX EVALUATION CONTROL SERVICE --KING LATHAM &. SCHULTS On this the 20th day_ of May, ;L955,- at a Special Term of the Comm- issioner? Court of Calhoun County, Texas, w~th all members pres~nt, there came on for consideration the Tax Evaluation Control Service, on motion . made by Clar~nce Barton seconded by Frank Kemp~r_and unamiously adopted ;' the contr!lct with the f.irm of King,Latham, stults & Company was renewed. foru the year, 1956, as per order below.. . . , " - ,- THE STATE OF TEXAS I I COUNTY Of CALHOUN I KNOW ALL. MEN BY THESE PRESENTS: , THAT. WHEREAS, the Commissioners' Court of Calhoun County, Texas dges. not have available among the files and records of such Court - a list of the record owners of all producing oil and gas prop- I erties. and 1,lIldeveloped leases, showing the part.icular interest or interests therein owned, nor a survey of such above described proper- > ties, nor pipe lines, gas lines and systems, refineries,. gaso1ing plants, tanks and tank farms, tank{l.ge, storage,oil, carbon black plants, power and 1 ight plants, telephone a nd telegraph lines, -.---- ...-- ------- -- ---.-------- " supply'houses, drilling rigs arrd derricks, including transportation facilities, railroads,'etc., as of January 1st, of each year-,-n-or-do------- they fl!i.ve.the"~ecessary scientific knowledge or technical skill to . t-- -- compile such lists and surveys; and . - WHEREAS, the Commissioners Court of Calhoun County, sitting _+ ;0" as a Board of Equalization, has heretofore had referred t 0 thenffor ~qualization certaiTI Jrerlditions and assessments which required such . I . . ~ information in determining proper valuations to be fixed fortax purposes upon the prpperties d excribed in such renditions and a ssess- .. . ~ ments, and the Commissioners' Court, sitting as a Board of Equalization, ...... will in t he future have referred to themfor equalization, renditions j- " and assessments which Vlill require auch information in equalizing I . and determining the proper valuations to be fixed on such properties for tax purposes: and ;0.,.:;';' , -" . '. , . .... r I -..... 137. . I' - --t . t.ies in said County for the convenience and information of t he Board of Equalization of said County in equa.lizing the valuations in said Co~ty fo~ assessment purposes; and WHEREAS, -it has been ascertained and determined that King--Lath8l11--Stults & .company of Dallas, Texas, are .skilled in sucj1matters and have scientific and technical knowledge and many years of experience in the matter of appraisals and valua~ tions of such properties for t ax assessments,.and it is the pur- .. . '. . - ~ .. post of the Commissioners Court of.CaJhosm. County, Texas, to employ the services of the said King-Latham-Stults.& Company for ~I - ->.;:' said purposes: IT IS THEREFORE AGREED BY AND BETWEEN Calhoun County, Texas, actjng herein~ and throught its Commissioners' Court, Party of the First Part, and King-Lath8l11-Stults & Company of Dallas, Dallas County, Texas, Party of the Second Part, as follows: . 1 1. PARTY OF THE SECOND PART agrees to compile a list of the . record owners of all producing oil and gas properties wherever ~ituated or located in said Calhoun County~ Texas, and undeveloped ~eases aajacent thereto, as of January 1st of the year 1956, said I ' com~lation and record to show the particular interest or interests ~herein owned. Party of the S;cond Part also obligate themselves to lake a survey of all pipe lihes, refineries, gasoline plants, tank farms II ~ankage, storage'oil, carbon black plants, and all other-properties of ralue used in connection with said oil and gas development, including. ~ransportation facilities;' its. 2. 1 Second Party further agrees to procure for First Party all ltnformation possible and available for t he use of First Party sitting is a Board of Equalization, in determining the prop~r valuations to b e II fixed upon such properties for assessment and t aXl$tion purposes, and gen- ii ' ., .. ~rally to c0111!l11esuch information as shall be of aid and benef:tlH, to 1 --......--....... . .... .... "138 oo"'lll :::::J ~ tt1 N . : said First Party in equalizing the values or said properties for taxation. Said Party or the Second Part agrees:t 0 meet with the Commissioners' Court or said Calhoun County, Texas, sitting as a o:..~ Board or Equalization, and to furnish said Board with all the in- ~ormation procured by them during their said investigations, ror' I. ~ use by the Board in equalizing the assessments upon said properties. 3. FOR AND IN CONSIDERATION6f 'the ;skilled services, t echni-- cal lmow1eg.ge and experience of Second Party in t.he' perrormance of the obligations devolving upon t hem hereunder, First Party agree-s and obligates itself to compensate Second Party in the manner rol-" lowing: Said Second .Party shall I' eceive an amount tobe paid out ~ of the- General Fund of Calhoun County, Texas, equal to Four ($ .04) Cents on each One Hundred ($llOo.Oo) Dol-lars valuation, covering 1_- -, -~~~::; . all oil properties, ,gas., sulphur- deposi-ts, publiC utilities, pipe lines, refineries, gasoline plants, drilling rigs and derricks, oil and gas leases, royalty interest in land developed and undevelpped and all other pr-op-erty' or whatever character or value used in c on- ,nection with oil and gas development, incLuding .transportation racilities, its. . -I'~ 4. PaymeI!ts. in t.he form of warrants legallydrawn against the General Fund or said County shall be made on t his Contract upon completion of said work and after final action has been taken b y < < the Commissioners' Court, sitting as a Board of Equalization. The t Col1lIl1issioners.' Court of said Calhoun County, Texas hereby agrees. to issue or cause to be issued to King-Latham-Stults & Company a warrant or warrants drawn against the various funds of said Calhoun , County, Texa~, for the amormt due as provided herein, based on the . : .~ ~ total value of all "Oil Properties'" and "Public Utilities" as agreed upon and fixed by the Board or Equalization ror each or the .. year 1956. All said warrants to be payable out of receipts and anticipated re~eipts from taxes levied for General County purposes, .-- I and rrom receipts from other sources comihg to said General Fund for the yearl956. and the Party of the First Part hereby agrees and obligates itself at any time it--iS requested todo so by Party " '. of the Second Part, to pass and enter of record such orders as may,. ." , I be necessary, requisite and/or convenient to evidence the indebt- edness and facilitate and procure the payment of all sums due Party of the Second Part reI' services perrormed under this agreement. I . l ~ .. ""I 139 . 5. I The said King-Latham-Stults & Company further agrees '-- that in no way will the said Calhoun Coun,ty, Texas, be .obligated to the said King-Lathem-Stults & Camp~ny, or their assistants, for salaries, expense, or material, except as above stated. WITNESS OUR HANDS IN DUPLICATE this the May, A. D. 1955. 20th,. day of "I PARTY OF THE FIRST PART, COUlllTY OF CALHOUN, TEXAS. BY HOWARD G. HARTZOG County Judge FRANK E., WEDIG Commissioner Precinct No. 1 , R. F. KEMPER Commissioner Precinct No. 2 Ernest H. Hadtke Commissioner Precinct No. .} . --~-- ._-.--~ ..,. -- -,- C.LARENCE BARTON Commissioner Precint No. 4 PARTY OF THE SECOND PART. , KING~LATHAM-STULTS & COMPANY BY BOYDH. LATHAM ATTEST: MAURICE G. WOOD County Clerk Calhoun County, Texas I> SPECIAL lIlERI1 MAY 30TH, 1955 . , NOTICE TO BIDDERS On this the 30th, ~ay of May, 1955, at a Special Term of the Commissioners Court 9f'Calhoun County, Texas, with all members . present, there ceme on for consideration, On motion made by Clarence Barton and seconded by Frank Wedig and unamiously adopt- --- - -- - - - - - - . ed. Bids for surfacing, 17 miles of Fiexible Base Road District #1. . NorICE TO BIDDERS Take notice that sealed bids addressed to the Commissioners I Court of Calhoun County, Texas, willbe received by the Commissioners , Court at the Courthouse in Port L~vaca, Texas, until 10: A. M. June 13th, 1955, for the following detailed supplies and materials~ BID NIDIDER 1 I THE furnishing and applying asphalt surface for approximately thirty (30) miles of flexible base roads in Road District Number 1 of Calhoun County, Texas. ..-.., -/. ".-- All bidders will quote price per gallon for furnishing and I~Pplying Mc-l cut back asphalt and OA-175 asphalt price per square ...., . ... . ...,j ""'140 - ~II 00 ~ ~ ~ . -- yard to load, haul, spread, broom and roll coverstone with cover,.':. ~ stone 'furnished by the County. I BID NUMBBR 2 ALTERNATE The_same as_bid number 1 except bidders price per gallon and P9Plyard shall be based upon bidder furnishing also the ne,cessary asphalt limestone rock coverstone. The successfull bidder will be requested to furnish a perform- I ance bond and.Calhoun County,.reserves the right to reject any or all bids and to accept the lowest and best bid. - . - . - - !.- ~ HOWARD G. HARTZOG County Judge, Calhoun County, Texas. . ATTEST: MAURICE G.- WOOD' County Clerk, Calhoun County, __..Texas._.__ -,__._ . NOTICE TO BIDDERS On this the 30th, day-of May; 1955, at a ~pecial Term of the Commissioners_Cour.t_,_of.Ga1hou:g. _County, Texas, with all members pres~nt, there came on for approval. . NOTICE TO BIDDERS___, _. . ;'., - - - - . . . Notice is hereby given that the Commissioners Court 01' Calhoun County,. Texas, will accept bids until 10: A. M. June 13th,. 1955, for the purchase of one hundred and forty four (144) spools 1 of no. 12 guage galvanized bob wire (cattle wire) of the class of Wankedan, Gilden or their equal. t , HOWARD G.-HARTZOG County Judge, Ga1houn County, , ~ Texas. ATTEST: MAURICE G~ WOOD County'C1~rk,Calhoun County, , .. Texas. . \ . . ,., 1 _. ~-~ -~----~ -I . ? ~ t .... ~- ~ - - /- - - " . ,..,.,--, . ~ .. I ~ ... ~ 141 -~.- . .... I SPECIAL TERM HELD THE 16th day of June. 1955 I THE STATE OF TEXAS I I COUNTY OF CALHOUN I BE IT REMEMBERED, that on this the lOth day of June. 1955. there was begun and holden at the Courthouse in the City of Port Lavaca. Said.Co~ty and state, same being the First Special Term 1955. of the Commissioners' Court within and for said County and State, same "being the First Special Term, and there were present on this date the following officers of the Court, to~wit: HOWARD,G. HARTZOG, County Judge, MAURICE G. WOOD, County Clerk . FRANK E. WEDIG, Commissioner Pro 1. ERNEST H. RADTKE, Commissioner Pro 3 R. F. KEMPER, Commissioner Pro 2, CLARENCE BARTON, Commissioner Pro 4 rlliEREUPON the following orders were made and entered by said Court to-wit: EDWARDS SUBDIVISION On this the 10th day of June, 1955, at a Special Term of the Comm- I issioners Court of Calhoun county, with all members present, on motion made by Clarence-Barton, seconded by Frank Kemper, the plat of the Edwards Sub- . division, of a portion of Out Lot NQ. 3, Out Block 25 of the Port O'Conner ing I. , Out Lots accord/to Plat on record in Volume Z page (S . be approved and filed for record and the roads and streets dedicated then be accepted, subject to developers payment of the costs of openning and grading the same. . GREEN LAWN SUBDIVISION On this the 10th day of June, 1955, at a Special Term of the Coromi- , ssioners Court of Calhoun County, with all members present, on motion made by Clarence Barton, seconded by Frank Kemper, the plat of the Green Lawn Sub- I division, Out Lot 4, Block 12 of the Port O'Conner Out Lots accordingto plat on record in Volume Z Page~, be approved and filed for record and the roads and streets dedicated thenbe accepted, subject to developers payment of the costs of openning and grading the same. WITH-HOLDING TAX CORRECTION I , On this the 10th day of June. 1955. ata Special Term of the Commi- ssioners Court of Calhoun County. with all members present, on motion made by Clarence Barton, seconded by Frank Kemper and unamiously adopted, it ordered the County Treasurer to be authorized to make transfers from the four precinct '""" Road and Bridge Funds to the General Road and~Bridge Fund in the total sum of . .. ..... ~42 .... 00' ~ ~ t::o ~j . two thousand nine hundred twenty two dollars and eighty ($2,922.80) cents to correct the error caused by the payment of employees with-holding out of thft I general Road and Bridge Account - as follows: From: Prect. 1. Road aq.d J;lridge $986.40 Prect. 2. Road'and Bridge 554.30 Prect. 3. Road. and Bridge 447.l0 Prect. 4. Road and Bridge . 935 ~oo $2,922.tlO , -I and :t;;ha t transfers be made from t he Salary Fund to the General Road and Bridge,a total of $9~.50 to correc~ July and October, 1954, payment~deductiona paid from the Road and Bridge Fund in . :: .. That to correct Social Secu~it~ error, properly charged to Salary Fund. . Account error February, .19~4, 13.67 1954 error $1.50, due the du~ General Fund from Salary Fund less March, Salary f'rom the General--a total transf'er of' $2.17, be made f'rom t he Salary ! Fund to the General Fund, as determined by the audit of' the County Auditor. ---------------------------- . , I . Meeting adjourned. ----------------------------- . ...~ I , .- , . ) I . I , I . : .... ~ ,... 143~ . I ,- - REGULAR rERM HELD THIS THE 13th of June,1955 , " I THE S TA TE OF TEXAS X I COUNTY OF CALHOUN X '. BE IT REMEMBERED, that on this the 13th day of June, 1955, there was begun and holden at the Courthouse in teh City of Port Lavaca, said County and State a Regular Term of the Commissioners Court within and for said County and state, same being the Regular June Term 1955, and there were present on this date the following officers of the Court, to-wi t: , . . HOWARD G. HAR'l'ZOG, County Judge MAURICE G. WOOD. County Clerk - FRANK E. WEDIG, Commissioner Pro 1 ERNEST RADTKE, Commissioner Pro ~ R. F. KEMPER, Commissioner Pro 2 CLARENCE BARTON, Commissioner Pro 4 . WHEREUPON the following orders were made and entered by said Court, t6-wit- '.~ - ~ Appointment of Navigation Commissioners, Calhoun County Navigation District On this the l3th,day of June, 1955, at a regulan term of the Commis- I sioners Court of Calhoun County, Texas, with all members present, on motion made by Clarence Barton, seconded by Frank Kemper and unamiouslyadopted. The following Commissioners of Calhoun County Navigation District were appoin ted -for six year terms: Ronal J. Roemer, Commissioner Preet. No~ 1. , Alton W. White, Commissioner at large. !'" .' . <- ,APPOINTl1ENT.,QFDRAINAGE COMMISSIONER, 'DRAINAGE".DISTRICT,.NO.,8"AND... ;;, ":'0, (l ~,,::~ IRESIGHATION OF C. B. FENNER COMMISSIONER. . On this the 13th day of June, 1955,< at a regular term of the Commis~ sioners Court of Calhoun County, Texas, with all members present, there- came on to be considered the resignation of C. B. Fenner; as Commissioner 'of Drainage Pistrict No.8, thereupon on motion made by Clarence Barton, seconded by Frank Wedig, the reSignation of C. B. Fenner, was acknowledged unamiously and his I . bond ordered canceled. Thereupon on motion of Frank Wedig seconded by Clarence Barton, . , ~lvin Hahn, was appointed as Drainage Commissioner of Prainage District No.8. I WATER CON'I'ROL AND DEVELOPMENT DISTRICT - COMMISSIONERS I[['WO HILE CREEK CONSERVATION AND RECLAMATION DISTRICT - H. B. 967, Acts 1955 On this the 13th day of June, 1955, at a regular term of the Commis- sioners Court of. Calhoun COill1ty" Texas. with, all members present, there came on . . tobs considered the appointment of five commissioners of the Two Hile Creek , onservation and Reclamation District. A water control and Improvement District, < . .... ... 144 ". 01)~ ~ ~ ,- """ N . . And after due consideration and discussion the following directors '(Iere appoil:lted: I - A. .L. Clark A. M. Fisher A. D. Spiller C~yde Roemer A.. J. Zwerschke (Bubba) I , HOWARD G. HARTZOG county Judge, Calhoun County, Texas ACCEPTANCE OF BIDS '. , Bids openedslO:OOnA. M. on this the 13thday of June, 1955, for" . . Roan Building Material, Black Topping. i , Full Bids as follows: TO THE HONORABLE COMMISSIONER'S COURT - CALHOUN COUNTY HON.. HOWARD HARTZOG, COUNTY JUDGE f.,. ~, - GENTLEMEN: _t We propose to do .the work onlr'o~d topping as set up by Calhoun County and as adver~ised in ~he Bort Lavaca Wave of date June 2,l955. For the Items,.as ~fo110ws: I I- I I I BID # 1 Applying asphalt coverstone and MC-l 'cut back asphalt .and OA-175 asphalt Coverstone to be furnished by the county at.designated RR spur tracks Seadrift, Long Mott, Port Lavaea, and Point Comfo~t. , . MC-l Cut back asphalt, in place -{Furnished by: Contrac.tor) Fifteen Cents per gallon ($0.15) PA-l75Asph~lt in place (Furnished by co~t~~~!orl Fift~~n Cents in place - ($.15) --- d - - :- .- . -- - ...,. . Asphalt Coverstone in place (Furnishe by county) TWoti6ilars and Twenty Five Cents ($2..25) YD,.. . '. 1.,.",t..i, (J . . "\. , #2 _' Applying and furnishing all materials MC-1 Cut. back asphalt ,. Fifteen Cents ($.15) per gallon OA-175 Asphalt . Fifteen Cents ($0.15)per gallon Asphalt Limestone Rock. Asphalt t Six Dollars and Twenty. Five Cents ," BID in place ;""t. ~. : . ..... t . . ($6.25) , .I; ( ~ I 1 .~, i per !t;on'. . 1 ~: .1 .,' ;1 , Respectfully submitted T. H. BllOWN CONSTRUCTION CO. BY T. H. BROWN -- T. H. BROWN I I BID FOR PAVING RJADS IN CAL.liOUN COUNTY -_ROAp DI.STRICT -NO..=:l Cost per mile 18 foot wide' . I I To furnish prime oil and asphalt. Heat, Hau1"and apply M. C. 1 Prime Oil at the rate of :23 gal. per sq. yd~ 2424 gals. @ $0.1495 per gal. $362.53 o A 175. asphalt at the rate of .35 gal per sq. yd. 3696 gals. @$0.1495 per gal. 552.55 Aggregate 1 cu. ud. to 80 sq. yds. Bid no. 1. The co~ty will furnish aggregate, unloading, and stock piling. . ~ r- ... 145 . .. I I will load from stock pile, haul, 'spread, broom, and roll. 132 C. Y. per mi. @ $1.7~ per C. Y. ' $231.10 Bic No.2. I will furnish aggregate, unloading, and reloading from 'stock pile, hauling, spreading, broomingand rolling @ $~.60~er ton. Indianola Job The County will haul material to stock pile on job. ~ I .' DEAN PAVING CONTRACTOR /S/ CLARENCE DEAN TO: Commissioners Court Calhoun county. Port Lavaca, Texas . RE: Bid on paving 30 miles of co~ty roads. Bid Nmnber # 1 1. Furnish and apply Mc-l road oil for prime course:-----------------$.13 per gal. . 2. Furnish and apply OA-17~ asphalt:---------------------_____~------ .15 per gal. Load, haul, spread,'broom and roll coverstone furnished by the . county------------------~--~-----------________________-----------1.25 per cu. yd. 3. I Bid Nmnber # 2 1. Furnish and apply Mc-l road oil for prime course:---------------~--.13 per gal. 2. Furnish and apply OA-17~ asphalt:-----------------------___;_~--:- ~15' per gal. , 3. Furnish, load, haul, spread, broom and roll coverstone: 5.2~ per cu. yd. T hank you. Yours truly, Brannap Bros, Const. Co. /S/.W. J. Brannan W. J. Brannan . " On motion of Clarence Barton, seeonded by Frank Kemper and unamiously adopted the bid of Brannan Brothers Construction Co. was accepted approved as the lest and lowest bid, subject to performance bond for full amount of contract. I /RIGHT OF WAY FENCING On this the 13th day of June, 1955, bids on barbed wire for right-of- way were opened at 10:00 A. M. Three bids as follows: SEADRIFT LUMBER AND SUPPLY CO. TO. Calhoun County Precinct No.. 4 Bid on Barb Wire 6-11-5~ I a44- spools 12~ ga. 80 rd, 2pt parb wire .shefield, Bakers Perfect or equal @ per roll &.96 $1,146.24 - Quoted price as of today De1ivened to Seadrift, Texas. /S/ J. M. Snider . ...oil ,... 146 00-' ~ ~ r:::v N . .-, CONTRACTORS SUPPLY CO. June'lO, 1955 ' . I' Howard G. Hartzog County Judge Calhoun County Port Lavaca, Texas Dear Sir: l44 spools BID #1 Gilidden Barbed Wire, 2 point, round barb, 12t gauge, 80 rod spools I . We respectfully submit to you the following bid on barbed wire: F. O. B. Port Lavaca $8.59 spool We appreciate the opportunity given us to bid on this merchandise. Very truly ]ours, CONTRACTORS SUPPLY COMPANY IS/R. E. Wells R. . E. ,Well:s . REW/ok , CONTRACTORS SUPPLY CO. June 10,1955 Howard G. Hartzog C ount~r Judge - -- - . - . Calhoun Count:r Port Lavac.a,--Texe:s- -- -,---- Dear Sir: , I We respectfully submit to you the following bid on barbed wire: Bid # 2 144 spools Belgian Barbed Wire, flat barb,_12t gauge, 80 rod spool . R~ D. B. Port Lavaca $7.00 spool We appreciate the opportunity given us tobid on this merchandise. Very truly yours, CONTRACTORS SUPPLY COMPANY IsI R. E. Wells R. E. Wells (' . REW/ok . CONTRACTORS SUPPLY CO. June 10,1955' Howard G. Hartzog C o~ty Judge Calhoun County Port Lavaca, Texas I C> Dear Sir: We respectfully submi to you the following bid on barbed wire: BID # 3 144 spools Baker perfect Barbed Wire,- flat barb, 12?a gauge; 80 rod -spools F.O. B.-Port La.vaca $8.36 spool ' I -- We appreciate the opportunity given us to bid on this merchandise. , . .... , REW/ok Very truly yours, CONTRACTORS SUPPLY COf1PANY '/S/ R. E. Wells R. E. Wells ~~~., . ~ . of ~ '--- r ~ 141 . ,. I - BLASINGIM LUMBER COMPANY SEADRIFT"TEXAS A Tl'ENTI ON COUNTY COMMISSIONER HONORABLE JUDGE HARTZOG IN REGARDS TO YOUR NOTICE OF BIDS IN THE PORT LAVACA WAVE, ON 144 SPOOLS OF BARB WIRE l2 GAUGE GALV. ivANKEDAN AND GILDEN. MY PRICE FOR 144 SPOOLS l2i GAUGE SHERFIELD STEEL #1, TRADE NAME (BAKERS PERFECT). IS $7.9.5 PER SPOOL TOTALING t1l44.80~ LESS 2/0 10 DAYS. ( ELEVEN HUNDRED FOURTY-FOUR DOLLARS AND EIGHTY CENTS). THIS WIRE HAS BEEN TESTED AND PROVENF OR SALT AIR CLIMATE IN CALHOUN COUN'lY BY THE HAWES BROS. ON 11ATAGORDIA ISLAND. THEY, THIS WEEK, PLACED AND' ORDER FOR 40 SPOOLS (FOURTY" MORE OF BAKERS PERFECT BARB WIRE. I . SINCERELY YOURS, /sl c. R. BLASINGIM BLASINGIM LUMBER CO. I On motion made by Frank Wedig seconded by Frank Kemper the bid of Blasingim Lumber Co. was accepted as the lest and lowest bid. U.S.S. CALHOUN COUNTY On this the 13th day od June, 19.5.5, at a regular term of the Commissioners Court of Calhoun County, Texas, with all members present, the following letter addressed, as follows; U. S. S.1ST .519 CARE OF FLEET POST,OFFICE NEW YORK, NEW YORK . County Supervisor Calhoun County Port Lavaca, Texas 2 June 19.5.5 Dear Sir: I It is my pleasant duty to inform you that in accordance with instructions from the Secretary of the Navy this vessel will be officially named the "USS Calhoun County" on 1 July 19.5.5. .An appropriate ceremony wiUbe held on board at 2:00 p.m., l_July 1955. At th!s time th~ ship w~ll be berthed alongside the pier'at the U.S. Naval Ammunition Depot. Earle, pier Area; Atlantic Highlands, New Jersey. . ~ - ~ As a r~presentative of.Calhoun County, the officers and crew would like to take this opportunity to invite you, or your representative in the event that you are unable, to attend the naming ceremony, Please advise me as to whether or not you 'will be able to be present. I I sincerely hope that this will mark the beginning of a.close relationship between this vessel and-tne county which it represents. P1easefeel free to write to me for'any information about the ship or its operations that you may find of. interest. .. , .' .; Sincerely yours, 1st Herbert R. Hern Herbert R.'HERN- .Lievtenant, U.S. Naval Commanding Officer Reserve . "'-., .... "...- .148 00--' ~ ~ t;:j tS_ I . :phe preceding letter was duly p:r,esented .to ,t ne C~rnmi~s.1oner~, Court toga ther 1:,!"~f-.":~ ::: ,~' "'::':. . :_~':7.,;... ..:.." _'~.;'. \.~ -:~~ . l ."';'. ';~t: ;::: l 1--:,,(:.: :.;;;' C:"-...:".q-"':r. ~,"i-in~::;-. with the recommendation of t he V. ~. W. Post No. 440) of C'alhoun..county. - I Hank Chervenka as a representative naval service man, to attend and represent Calhoun County, at the naming of the U.S.S. calhoun County. . Thereupon motion made by Frank Wedig seconded by Ernest Rad tke and unamiously adopted. " Hank Chervenkawas named as representative of Calhoun County to attend I and represent t his County on July 1st, 1955, at the Naval Center in New Jersey . . . . . 4 and that all of his necessary traveling expn~es be paid out of the General Fund and that a warrant" in the sum of $300.00 be immediately issued to-him, and a'final accounting and proper adjustment be made upon his return. . APPLICATION OF FRANK KELLEY, JUSTICE OF PEACE PRECINCT NO. I. FOR SALARY ADJUSTMENT. . On tUis the 14th day of June, 1955, at a regular term of the Commis- - . sioners Court of Calhoun County, Texas, with all members present, there came on for consideration the ruling of the Attorney Generals Department that the Justice of the Peace was not authorized when on a fee basis to retain the -- , allowed fees as recorder of Vital Statistics either as recorder in Precinct No. I or as,City Recorder~ and that these anticipated fees resulted in a loss I of some $20.00 .each month.. On motion made by Frank Kemper'seconded by Frank Wedig that beginning , , from June lst that the monthly salary of Frank Kelley as Justice of the Peace of p,rec1nct No.1, be increased from $200.00 per month to $220.00 per month " and that the b~get be ammended accordingly. SHERIFFS DEPARTMEN T, DEPUTY REQUEST AMEND MEN T OF BUDGET On this the 14th day of June,1955, at a regular term of the Commis- . sioners Court of Calhoun County, Texas, with all members present. county Auditors report, 1954 operator of the General Fund and Salary Fund. ANALYSIS OF SALARY ~R&~l254 TRANS~CTt~~~ae Tax-Assessor-Col1ector~Sheriff' $34.2l7~61' $36,761~48 County Clerk .' 8,667~58 . 1l.987~50 County Judge 414.16 6.687,50 County Attorney '2,984.72 4,000.00 District Clerk . . ',997 .J3 4.106~00 County Treasurer 3,835.38 2,700~00 Justice of Peace Precinct 1 2,160~65_ 2.400.00 Justi~e of Peace"precinct ~ 280.00 1,200~00 Justice of Peace Precinct / 55~00 1.200.00 Constable Precinct 1 -O-~OO 179;00 Constable Precinct 4 2.70 1~200~00 Constable Precinct 5 -0-- 1,200~00 Total Officers $53,615.13 ~73,621.4tl =- state APEortionment ' Payroll eduction on Deposit Countys Share of Social Securi~ TOTAL CASH TRANSACTIONS . 703.59 \ 774.41 -0- $ 511,093.13 -0';' 579.55 1,0#0.00 '$72. 2 1.03 .... D efici t $2;543~87 3.319~92 6,,273~34 1,015.28 3,108~67 (-1,135~38) 239~3~ 920.00 1,145;00 '179~00 1.197~30 1;200~00 $20,006.35 (-703;59) ( -194;86) 1, QltO.OO $20,147.90 -' r- ~ , 'N ..., 149 . I - Sheriff Fisher requested authorization to provide a full time Jailer and combine the three part time deputies and three ,car allowances for use in the employment of one full time deputy and amend the gudget and 1 salary authorization ro read.as follows: . 1 Chief Deputy Sheriff '$4,000.00 County Car provided (402) (Caval1in) , 1 Deputy Sheriff 3.300.00 County Car provided (403) (Byers) - 1 Deputy l;~O;OO Car Allowance (?) 1, 00.00 , 1 Part time deputy Expens,e (Halliburton) 900.00,,-, , l.,Deputy Sheriff and Jailer (Lane) 2,400.00, . I . That Lane be relieved of all responsibility as janitor of the Court house and yard. ment as Courthouse janitor. I' GEORGE STREET EXTENSION RAIL ROAD CROSSING On this the 14th day of June, 1955,. at a regular term of the Cpmrnissioners Court of Calh~un Coiinty, Texas, wi th all members present, On motion made by Clarence Barton seconded by Frank Wedig, the Court accepted the proposal of the SouthemPacific Lines, as to the George Street Crossing and authorized the payment by the c_oun~y ot:. th~ sUll! of J~l1~.OO to cover the costs of raising the Western Union Wires, providing signs for crossing and . safety requirements. , mGHT OF WAY FENCING STATE HIGHWAY I On t his the 14th day June, 1955, at a regular term of the Commissioners Court of Calhoun County, Texas, with all members present, , - . On motion made by Clarence Barton, seconded by Frank Kemper, the following I notice to issue warrants for the purchase of State Highway Right Of Way: '-., ORDER OF INTENTION TO ISSUE TIME WARRANTS I -------~ --- . , ..... r ._ _.... :,.::"111 :;~d 149-A . / ORDER OF INTENTION TO ISSUE TIME WARRANTS .1 THE S TA TE OF TEXAS ) ( COT.JNTY OF CALHOUN ) THE COUNTY COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS, CONVENED IN REGULAR'SESSION AT THE COUNTY COURTHOUSE IN THE CITY OF PORT LAVACA, TEXAS, ON THE 14TH DAY OF JUNE, 19$5, WITH THE FOLLOWING MEMBERS PRESENT, TO-WI;i: HOWARD G. HARTZOG - COUNTY JUDGE 1 FRANK E. WEDIG - COMMISSIONER PRECINCT NO. 1 R. F. KEMEER - .COMMISSIONER PRECINCT NO. 2 ERNEST !RAD TKE ,- COMMISSIONER PRECINCT NO. 3 CLARENCE BARTON. _ . -. COMMISSIONER PRECINCT NO. 4 - -. MAURICE G. WOOD COUNTY CLERK WHEN THE FOLLOWING BUSINESS WAS TRANSACTED: 1 - . COMMISSIONER BARTON INTRODUCED AN ORDER AND MOVED ITS ADOPTION. THE MOTION WAS SECONDED BY COMMISSIONER KEMPER. AND CARRIED BY THE FOLLOWING VOTE. AYES: COMMISSIONERS WEDIG, KEMPER, RADTK;E, AND BARTON. NOES: NONE. THE ORDER THUS ADOPTED FOLLOWS: BE IT ORDERED, ADJIIDGED AND DECREED BY THE COUNTY. COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS: 1. THAT IT HAS BEEN FOUND AND DECLARED THAT IT IS NECESSARY TO PURCHASE LAND FOR RIGHT OF WAY AND TO CLEAR SUCH LAND FOR RIGHT OF WAY ON STATE HIGHWAY NO. 35 EXPRESSWAY AND CERTAIN FJ\:RM TO MARKET ROADS WITHIN CALHOUN COUNTY TO BE . . . DESIGNATED BY THE STATE HIGHWAY DEPARTMENT AND THAT TIME WARRANTS OF SA_ID_ COUNTY SHOULD BE ISSUED TO DEFRAY THE COST OF PURCHASING LAND-FOR RIGHT OF WAY AND THE PAYMEN T OF DAMAGES AND SERVICES TO BE INCURRED. IN THE, PROCUREMENT AND CLEARING 1- OF SUCH RIGHT OF WAY. ~ ~ i.. 2. THAT THE COUNTY JBDflE" IS HEREBY AUTHORIZED TO CAU EA NOTICE IN SUBSTANTIALLY THE FOLLOWING FORM TO BE PUBLISHED AS REQUIRED Y LAW: "NOTICE OF INTENTION TO ISSUE" . RIGHT OF WAY TIME WARRANTS NOTICE IS HEREBY GIVEN, IN ACCORDANCE WITH LAW, THAT THE COMMISSIONERS' 1":- COURT OF CALHOUN COUNTYTf TEXAS, WILL PASS AN ORDER ON THE 11TH DAY .OF JULY,1955, AUTHBRIZING THE ISSUANCE OF RIGHT OF WAY 'ffME WARRANTS IN 'lliE PRINCIPAL ruM OF NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($150,OOO.OO) BEARING INTERES TAT THE RA TE OF NOT TO EXCEED TWO PER CENT (2%) PER ANNUM, WI TH A MAXIMUM MATURITY DATE OF SIX YEARS, WITH OPTION OF REDEMPTION AT ANY DATE PRIOR TO MATURITY; FOR THE PURPOSE OF PAYING CLAIMS TO BE INCURRED IN THE PURCHASE OF RIGHT OF WAY AND .. I ~ .. . ... .... "'11@.. 149-B . 4 l 00-" ~ ~ t::ei ~I . FOR THE PAYMENT OF DAMAGES OR SERVICES TO BE IRCURRED IN THE PROCUREMENT AND CLEARING OF SUCH RIGHT OF WAY ON STATE HIGHWAY NO. 35 EXPRESSWAY AND FARM TO MARKET ROADS WITHIN CALHOUN COUNTY TO BE DESIGNATED BY THE STATE HIGHWAY DEPART!1ENT. THIS NOTICE IS GIVEN PURSUANT TOAN ORDER OF THE COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS, PASSED ON THE 14THDAY OF. JUNE, 1955. I -. isl HOWARD G. HARTZOG COUNTY JUDGE, CALHOUN COUNTYiI, _ TEXAS". ADOPTED THIS 14TH D AY OF JUNE, 1955. - Is/ HOWARD G. COUN TY J1Jl?GE 1 HARTZOG Isl FRANK E. WEDIG COMMISSIONER PRECINCT NO.1 /S/ 'Ii. F. KEMPER COMMISSIONER P~CINCT ~o.2 I . Is/ ERNESIl' H. RADTKE COMMISSIONER PRECINCT NO.3 /s/ CLARENCE BARTON COMMISSIONER PRECfNCT NO.4 (L.S. ) A'ITEST: Is/ MAURICE G. WOOD COUNTY CL.t;;HK AND EX-OFFICIO CLERK OF THE COMMISSIONERS' COURT, CALHOUN COUNTY, TEXAS. . I . , t .. I, / ------ I , . j ,.... 150 00--' ,....., ....'" ~ IX: N ~- - , , 1 't""A. Yo",f ii" (ZI'" '.1 \1 . . TREASURERS REPORT FOR MAY APPROVED On this the l4th day of June, 1955, at a regular term of the Commissioners Court of Calhoun County, Texas, with all members present, Miss Mary Stephens, County Treasurer presented her report for the month of I May, and it having been read in open Court, and the Court havfng duly con- ''rJlidered the" same tog.ether with the. exhibi ts accompanying same, and having the balances compared in the various accounts with those reported by _the County Deposi tory and finding said report to be correct, on modon, duly, made, seconded and <carried, 'tnetCounty 'li'easurers Report for tg,e month 0 f May 1955, be and the same is herebyapproved. I TAX ASSESSOR COLLECrOR'S REPORT FOR MAY APPROVED On this the l4thday of June, 1955, at-.a regular term;of .the . Commissioners Cmurt of Calhoun County, Texas, with all members ,present, . Mrs. c. B. Guidry, Deputy, presented the Tax Assessor Collectors report for . .. the month of May. together with the tax receipts and other receipts and other receipts accompanying same, and finding said. report to? e _<::orreict and in due form, thereupon the motion being duly made, seconded and un~~ously carried it is ordered that said report be and'is hereby approved. I . . Minutes for previous meeting were read. and approved as read and the .Commissioners Court adjourned. - - - - - - - . --,-~- .... . . , I ..~.,-'-._=. / ./~~~ / ~._--~ ~~--, I ~:._~ 7- . .J' ~ . I I . I . I I . .... "'l 151 - ;p SPECIAL TERM JUJ:m \ HELD THE 22ND DAY OF JUJ:ml955 ,. . THE STATE OF TEXAS. I I COUNTY OF CALHOUN I BE IT REMEMBERED, that' on this. the 22nd day of June, 1955, there was begun and holden at the Courthouse in the City<of Port Lavaca, said County and State a Specialt Term of the Commissionersi Court within and for said County and State, same being the Special Term 1955, and there were pre sent on t hi s date the following off_i_c.ers_ .of. .the_. G.our.t.,.t.o-wit:_ _ . _ _ _ . HOWARD G. HARTZOG, County Judge MAURICE G. WOOD, County Clerk ERNEST H. RADTKE, Commissioner PI'. 3 CLARENCE BARTON, Commissioner PI'. 4 FRANK E. WEDIG, Commissioner Pr.,l R. F. KEMPER, Commissioner Pl'. 2 WHEREUPON the following orders were made tIlld entered by said Court, to-wit: ----------------------------- STATE HIGHwAY HEARI~G On. this the, 22nd.-day-"-of JU!\e, .1955,. _at a~pec:j.a:l" Term,_of~t;ie . ., ~' ..... Commissioner~ Court of .Ca1houn County, Texas, with all members being present, there came on for discussion a General discussion and review of future highway program, with Mr. Cornelius, District-Engineer and Mr. King, Division Engineer, State Highway.Department. the The Court outlined the } , Victoria County Line, ", ,,~ '. , .... ~ ,~. ... :...... , needs of completing the Six-Mile road to .- . ',- "~:::-;:. '... "'--:::;"-"JU ':" ':~;:.. _ ^. :.;.... t. _: J the extension of #316 to Clark Station and the Port OIConner-Matagorda Is- , land connecYf-on._ _' Mr. Cornelius stated that they\would study the projects and mBm recommendations when the New Federal Funds were available. - REPRESENTATION TO THE NAMING CEREMONY OF U.S.S. CALHOUN COUNTY On this the 22nd day of June, 1955, at a. Special Term of the Commissioners Court of Calhoun County, Texas, Mr. Ed Dumas, County Service Officer reported to the Court that Mr. at the ,last meeting could not make the Henry Cervenka, who was appointed. trip because of unforeseen events - and expressed his appreciation of the opportunity. He further reported that two other Veterans had offered their services, both m~n'with Naval connectio~s. "Cotton" Eugene Marek and Guy. Grissom. _ _ _ _ _ _ . e_ _ }_ -e Upon motion made seconded and unaminously carried the request - . of Hank ~ervenka was accepted and it was ordered--That the two Veterans ..oil ,..... 152 "' ~ - ~ . -- - heg-iven theop.portuhity "to attend,- and b.e"tween themselves- -by a-ggre-ement- -o-r- lot that both could go, with the County paying $150.00 towai'd" -the-e-xp.enses-- ______~. __ . 0- ~_ _. _ .._ _ ....,. . ._._._____.____ /~ / of each, or they could determine which one should go by ~ots and the one chosen would be advanced thetull $300.00 hereto~ore allotted. ~he Court requested the County Service Of~icer to convey this order for acceptlplce or refusa1,- and the treasurer .-to cancel the previous voucher authorized." the Henry Cervenka and issue new vouchers." as per the conditions"_ of the above order. , BIDS ON MOVING HOUSES FROM RIGHT OF WAY #238 On this the ?2nd day of June, 1955, at a.Special Term of the Commis- sioners.' Court of Calhoun County" Texas, there cam~ on l' or consideration I ( I , thewrittenbi~s for removal of houses from the right~of-way of State High- . . way # 238, a nd replace t he. same ,1'ts follows: June 9, 1955 Mr. Frank w'6dig _-- - ------- --------- --- . Port Lavaca, Texas. At Your Request I submit the following bid: ~ . '- - -....- '. . ~'l:: .. I propose to move the following buildings, located along the Port Lavaca, Seadrift Highway. Furnishing foundations , Connecting all plumbing including new septic tanks and field lines 9omp1ete. -. Five new concrete porches, 'and one l8x28 slab tor garage Hensley house and garage 462.35 Ramsey house and garage 495.77 Eddie Hinke- two houses 99.75 Louis Walker house 598.90 TOTAL ------------- . L656.77 I' , Yours very truly, /s/ HAROLD E. FOWLER Harold E. Fowler Post office Box 432 Ganado, Texa. . Frank Wedig County CommissioIler-------- Precinct I June 15, 1955. . - .~. ( ( BID~ONHOUSES AND,BUILDINGS.ON ~EADRIF~ HIGHWAY J. M. Hinsley , . I We will move house. Furnish same foundation for house at new-location, Move wash house. Furnish pad and pier l' oundation for wash house. Furirlsh two cem- ent porches for house. Hooll: up plumbing ,in orIginal-way to house and wash house, also furnish septic tank and wall and hook up same. . - One_Thousand Four Hundred and Seventy-Five Dollars ($1,475.00) '7. _. t E. S. Ramsey ~ lO- ~~ , We will move house and set level on l' oundation furnished by Mr. Ramsey. Move garage. Furnish same foundation for garage at new locatio~. Hook up plumbing in original way to house, also furnish septic tank and hook up same. Furnish two cement porches for house'. Furnish 200 -feet of c lay pipe for dr.aiircnto side road and install. Move and use old sidewalk if possible, if not furnish new #~ one. . .~=--<' I ,_. .... . " One Thousand Six Hundred and Forty Dollars ($1,640.00) . ~ ~ II" ""Il 153 . /, - I Eddie Heiilke . . We will move foundation. - . the two small houses, put back together and set level on old One Hundred and Sixty-Five Dollars ($165.00) Louie Walker' I We will move house and set level on old foundation. Furnish cement porch for house. Move barn and put new foundationmck in original way. We are to furnish no shell. Five HUndred and Sixty Dollars ($560.00) . /s/ Lyman H. Saylor , Port Lavaca, Texas On motion made by Clarence" Barton, seconded. by Frank jliedig, "the bid of Harold F. Fowler was accepted as the lowest bid. EMERGENCY TRUCK MAINTANCE .f'.. On this the 22nd day of June, 1955, at a Special 'l'erm-of the Commissioners I Court of Calhoun Counpy, Texas;- Mr:- Blake appear~'di and requested assistance to maintaine the- emergency-unit and requested a _ full hearing with t he County' Auditor at t he next. Regular Meeting, which I was 'granted. , Meeting adjourned. . . ------------------------------ \...., , . : I ~ , '-< ~ , '''~ '~ I " .'- , - v t . >~":. ..,j ,..... 154 00-' ~ ~ tv ~- . HELD THE Ilth,JULY,1955 . 1- REGULAR TERM THE STATE OF TEXAS I I COUNTY OF CALHOUN J , . BE IT REMEMBERED, that on this the 11th day of JUly,1955, th~r~ was begun and holden at t he Courthouse in t he City of Port Lavaca, said . County mid state a .regular Termor the Commissioners' Court_within and.. 1 . for said c~ty and State, same bein~ the Seventh Regular Term 1955, af~_ HOWARD G. HAR.Tzod,,'-C.9unty Judge, ... . - ~ MAURICE G. WOOD, the court,to-wi~l County Clerk there were present on this date the following officers or FRANK E. WEDIG, Commissioner Pro 1 t .. 't -- R. F. KEMPER, Commissioner Pre 2 / <:l. ERNEST H. RADTKE, Commiasi6ner.:Pi'~i3 . II CLARENCE BARTON, commissioner Pr.4 . . WHEREUPON the following orders were made and entered by said CO'll.r't to-wit: , , - - i .. STATE HIGHWAY DEPARTMENT -RIGHT OF WAY On. this the 11th day of July, 1955, at a regular term of the 't ~ .,'" Commissioners Court of Calhoun County,. Texas,wlth all members present, I . Mr. Kimg with the State Highway Department, conferred with the Court as ---- --- .---.-------.--------- . .1 to the status of the right of way of State Highway #238, and stated that , .. On this the 11th day of July, 1955, at a regular session of the . Commissioners Court of Calhoun County, Texas, witt; all members pre.sent,. on motion made by Clarence Barton, seconded by:Frank Kemper, the ~lasingin East Side Subdivision Addition to the City of Seadri~t, Jose De La Funtez survey or. Calhoun County, Texas, was ordered accepted and , .~ .. --- I approved ror record. EMMERGENCY TRUCK MAINTANCE p-- On this the 11th day of JUly,J1955, at a regular term of the -- ...? Commissioners Court of Ca1hounJpuht'y, Texas, with all members present, _ J---- j!J/ o,n moti?n made by Clarence Barton, seconded by Frank Wedig, and unaminousily carried. that Calhoun County pay one half of the maintance cost on joint bills renderedto the City and Couhty, of the Emergency Unit now equiped with a County Radio and to be paid out of the budget allowance for Civilian ~efense and Disaster Relief, on itemized bills rendered therefo~. 1 . ~ r- f ~. ~ ..... 155 . DEPUTATION SHERRIFS DEPUTY APPROVED , On this the 11th day of July, 1955, at a regular term of" the ,- I I - Commissioners Court of Calhoun County, Texas, with all members being present, on motion made by Clarence Barton, ,seconded .by Ernest Radtke," the deputation of Leroy Be1k, as DeputySherrif, TaX Assessor and Collector was approved leffective July 1st, 1955. ~PPOINTMENT OF ROSS TERRY AS AGENT TO SELL TAX SALE LOTS - On this the 11th day of July, 1955, at a regular term of the Commissioners Court of Calhoun County, Texas, with all members being present, on motion duly made, seconded and unaminously carried Ross Terry was appoint- ed as agent to sell lots acquired at tax sales,_ "-as follows: .. It he (ton - On this the 11th day of July, 1955, at a regular meeting of Commissioners Court of Calhoun County, Texas, there- came- onP or- considerat:- the appointment of a Commissioner to resell, on behalf of Calhoun County I and the State of Texas, lands and lots now owned by Calhoun County and the , state of Texas, pursuant to judicial forecIosures of the tax lein, aadmotion I . ~ ,as~de by Clarence Barton County Commissioner of Precinct No.4, and seconded by Frank Wedig County Commissioner of Precinct No. 1,-that-Ross-Terry be LpPointed Commissioner -to resell a 11 lands and lots now owned 'by Calhoun County lnd the state of Texas pursuant to judfcia1 foreclosures of the tax lien, as ~er list to be approved by the Court.' 'Such- COmmiss'ioner-is hereby- empowered- ito conduct such resales and toe xe~ut'e deeds in the manner authorized by Title t [1.22, Article 7345b, Section 9, 'of the 'Revised Civil Statutes of Texas of 1925, I .. . " ," as amend~d by Acts of the 50th "Eegislature, page 1061, Chapter 454, Section 1, I Such Commissioner shall likewise be empowered t 0 execute and deliver on--behalf I of Calhoun County and the Stat'e of Texas confirmation and correction deeds on , Isales heretofore made by Calhoun County and" t he State of "Texas, and to execute and deliver any and all other ;~nstruments necessary to vest good title in kUCh purchasers~ "~~ . -~ . . . Said mot'ionb ein-g -put- .fo -vote-, -it- carrfed oy -a v ote of 4 to O~' fhOSe voting AYE were, Frank Wedig~ Frank Kemper, Ernest Radtke, and Clarence !Barton. II ~hose voting NO we8e; None. ADDED SHERIFFS SALARY".CERTIFICATE OF TITLE On this the 11th day of July, 1955, at a regular term of the - , r I I Commissioners Court of Calhoun County, Texas, with all members present,C.:on motion ~a~~ by Clarence Barton seconded by Frank Wedig and unaminous1y , adopted. Effectibe July 1st, 1955, the salary of the Sheriff-Tax Assessor- Collector was ordered increased-by"$10".OO) ten dollars per month to be paid . ( ...,j ~ 156 '~r~'^-:::'-'. 00-' ~ ~ ~ N r , . ". '. ' . - .~ - - --- . - ~ - ' .' -- - --- . - - - - - .... out o~ the Salary ~und as provided by Senate Bill 359, Acts 1955, and the t. .. . t TREASURERS REPORT APPROVED FOR JUNE, 19$5_ t On this the 11th day o~ July, 19~~, .at a r~gular se;sion of the Commissioners Court o~ Calhoun County, Texas, with all members being present :) t -. I budget is amended accordingly. ~ - t .~ Miss Mary Stephens. CountyTreasurerpr~se_nted her report ~or the month o~ June, and itt having been read in open Court, and tthe Court having duly . t t ~ . .1 t considered the same together.with the exhibits accompanying same, and having (. (: . - I _the balances compared in the various accounts and findin~ said report:tobe correct, on motion duly made, seconded and unaminously carried the County . . . Treasurers report of June, 1955, be and the same is hereby approved. t ~ESS FUNDS STATE CLALM . On this the 11th day of JUly, at a regular term of the Commission rs ,;,- , Court of Calhoun County, Texas, with all members of t~e Court being prese~t. on motion made by Clarence Barton,_seconded by FraIlk,Kemper t~e Secretary . of the Court was requested to make certified copies of the order of , day of '.19 :"., Volume - . Page _. - - . t. ,,~ ." , and forward t he same to the County Auditor, James Houlihan at_Sch~ulenberg, Texas, in order that hs:may forward the same to the state AUditor. t I CONTRACT BOND-BADER-SMITH DREDGINGc6~.INC. .On this the 11th day of July, 1955, at a regular term of the "'.-. - , Commissioners Court, of Calhoun County, Texas, with all members being 'present. t t -, t . the .Contract Bond of Bauer-Smith Dredging Co., Ine. was ordered filed. - ~-" 't MINUTES AND cOmtf:'cRRffi<lioisED On this the llthe daY-Of July, 1955, at a regular ~ erm of the Commissioners Court, of Calhoun County, Texas, with all _members.being pr~sent, ~ It. ' ". . . the minutes of th~_P!eVioUs tem were .read. _al1,d appz:.oved a s read. COmmissio;~~~court re~;essed~ until Saturday July,.17,1955. . : ;....- - _. - - - - - - - - - - - - - - - - - - , < , < . . I ..... - ... ---- - - - .. - -- - --- - - -. ~ - _. --- - - --- . t , I ,- > "'=-- ~~ ......."-----~~~-_,_c-~- -- \ ... I I f ~ SIt I S~-A '." ( ORDER AUTHORIZING THE ISSUANCE OF BONDS I THE STATE OF TEXAS I COUNTY OF CAlliOUN I - .. -) --',.-, , On this the l6th day of Jul:r, 1955, , the Commissioners Court of Calhoun County, Texas, convened in regular session at a R~gular I Term thereof at the regular meeting-place in the Courthouse in Port Lavaca, Texas, with all members of the Court present, to-wit: HOWARD G. HARTZOG, County JUdge, FRANK E. WEDIG, Commissioner Precinct No. 1, R. F-. KEMPER, Commissioner Precinct No. 2, ERNEST RADTKE, Commissioner Precinct No. 3, CLARENCE BARTON, Commissioner Precinct No. 4, MAURICE G~ WOOD, County Clerk, when, among other proceedings had, the following order was passed: WHEREAS, on the 18th day of April, 1955, the Commissioners Court of Calhoun County, Texas, by an order duly and legally passed ordered that.an election be held throughout said County on the 14th day of May, 1955, for the purpose of determining whether the I Commissioners Court of said County shall be authorized to issue the bonds of said County in the amount of $50,000.00, for the purpose of purchasing fire fighting equipment to be used for the protection and preservation of bridges, county shops, county ware houses, and other county property located in said County, but without the corporate limits o~ any incorporated city or town, said bonds to bear interest at arate not exceeding five (5~) per anrlum, and payable at such time or tirrss as may be fixed by the Commissioners Court, serially or otherwise, not to exceed ten (lO) years from their date, ,and whether said Court shall be authorized to levy a tax sufficient to pay.the interest on said bonds and provide a sinking fund sufficient to redeem them at maturity; and I WHERESS, hoticfi of' said elre6tibn was given by publication in the PORT LAVACA WAVE, a newspaper of general circulation pub- lished in Calhoun County, Texas, and which notice was published on the same day in each of two successive weeks, the date of first publication being not less than fourteen (14) full days prior to I the date of the election, and in addition thereto, notice thereof was posted at the County Courthouse door and in each election precinct at least fourteen (14) full days prior to the date of said eiection; and I. ~ ,., :..Ill ,..... -- 1$~-6 ----,-.~ """ - WHEREAS, said election wad duly ~nd leg~lly .h~~d on the said l4th day of Bay, 1955, and the result.of said election was duly certified and returned to this Court by the judges and clerks thereof; and WHEREAS, on the 16th,day of May, 1955, this Court considered the several returns and canvassed the same and found that the~e were cast at said elec~ion 438 valid and legal votes, of which number 297 votes were I cast FOR THE 19SUANCE QF THE BONDS AND THE LEVYING OF THETAX.IN PAYMENT THEREOF, and 141 votes were c~st AGAINST THE ISSUANCE OF,THE BONDS AND THE LEVYING OF THE,TA4 IN PAYMENT THEREOF: and this Court thereupon, by order I duly entered, 4ec:J,ared that the proposition so submitted was.sustained and adopted by a majo~ity vote of the qualified resident property taxpaying , voters at saidtel~ction; and WHEREAS, this Court,has examined into a~d investigated the regulari t:( of the proceedings for said e lE'(ction a nd finds t hat the same was duly and legally held;, that ,the notice required by law to b e given has been duly and legally given; and .that said e~ection,was conducted in strict, conformity with all the requirements of law; THEREFORE, BE IT ORDERED, ADJUDGED AND DECREED BX THm COMMISSIONERS. COURT OF CALHOUN COUNTY, TEXAS: i Ie , I That the bonds of said County, to be known as CALHOUN COUNTY FIRE EQUIPMENT, BOND~, SERIES OF 19,55, be issue~ ,on the faith and credit of said Calhoun County; under and ,by virtue of the Constitution and Laws of the State of Texas, inc1uqing particularly Article 235la-4, Vernon's Civil Statutes. t II. r-"-~ , That said bonds shall be numbered co~secutively fromP1 to 5Q, inclusive; shall be of the denomination of One Thousand ($l,OOO.QO) Dollars each, aggregating Fifty Thousand ($50,000.00): Dollars. III. That said bonds are issued for the pU~'pose _of purchasing fire fighting equipment to be used for the pJ:'otection and, preservation of bridges, county shops, county warehouses, and other,.county property located I ~- in said County, but without ~he corporate limits of any incorporated city. of town. t IV. I That said bonds shall be dated July 15, 1956, and shall become due and payable serially as follows: II .J, ~ ~ .~ - .-' br:- )-s-c;,- C_, J:- . I' l( I' !I I, I: !iBOND NUMBERS Ii ( Inclusi ve) I, ill - 15 'I ;16 - 31 'I b2 47 1148 - 50 ,. I I e MATURITY DATES AMOUNTS , ~ i, I. I, July 15, 1956- $ l5,000 ili , July l5, 1957 , $ 16,000 July 15, 1958 $ 16,000 Jul;r l5" 1959 $ 3,000 V. . , !i That said bonds shall wear intere st from da,te until pa,id at the e ~Irate of two (2%) per cent p,er apnum, interest payable January 15, 1956, .and I: i',semi-annually thereafter on July 15th and January 15th in each year; prin- !1 !iciPal and intere st shall be payable upon pre sentat_ion and surrender of bonds llor proper coupons in lawful mone}' of. the United States of. America at the ,I I!First state Bank, Port Lavaca, Te.x.as. !I I. VI. , , I, II I I , II Ii , r: That each of said , I'!countersigned by the County Clerf, and registered by the County Treasurer, I . . I!and the seal of the Commissioners Court. sp.all be impressed upon each of them. [: bonds shall be signed by the County-Judge, I :1 i~ h " " " 'lcl~rk I bo~ds I; :1 Ii " VII. I I II I; I' I; I' If' l If I, t That the facsimile signatures of the County Judge and the County, may be lithographed or printed upon the coupons attached to said and shall have the same effect as if they had been signed by them. VIII. That the form of eacrrof said bonds shall be substantiall.Y as :follows:: 'I~o . , $1,000 I . II I, I: !j 11 1\ I: I: il lithe state of Texas, FOR VALUE RECEIVED, acknowledges itself indebted to and ~herebY promises to pay to bearer Ii !I r($l,OOO.OO), in lawful mone~ of the United States of America, on the 15th " !iday of July, 19_, with interest the'rean -from date hereof at the rate of ii !ltwO (2%) per cent per anmuJl., payable January 15, 1956, ,and semi-annually 'Ithereafter on July 15th and January 15th in each year, on presenta.tion and , . . Isurrender of the annexed interest coupons as they severally become due. I 'I --il I' , I, ii I: I II II 'I !I UNITED STATES OF AMERICA ".-:... " it [: Ji- I! I II I' I' it I: '[ !I II Ii I 1 .I !\ I I I II I' II 'I " 'I Ii II , I !. ...ill . STATE OF TEXAS COUNTY OF CALHOUN CALHOUN COUNTY FIRE EQUIPMENT BOND SERIES OF 1955 I KNQW ALL MEN BY THESE PRESENTS: That the County of Calhoun, in ONE THOUSAND DOLLARS " . , .... .- - ,j. ',.' ~. . .~ fl' >- 'c. '""'IIlIl , ~ . 15t,-D ={"", =-----~ . . ", I , . l\'~ -f4."J.,L - . I .-/" . ,Both principal and inttf~~i; of this bond are hereby made payable - .. ... f. I at the Fi,rs't state Bank, .Port Lavaca, Texas, and for t he prompt payment of . ,f It '. ~ . 9 \; ".~ . \ _,.'/ this bon~~and'the interest thereon ,~t maturity, the full faith, credit and . '. '. .'. <;~ resource~'i'9.f Calhoun County, . Texis,~'~lre hereby irrevocably pledge. v . \ ~ .' '.''I!his bond is one ,of a series: crf' 50 bonds, numbered consecutively !J . , - . ti from l.to 50', inclusive, ;ofthe 'denom:j.natiorr of One Thousand ($1,000.00) ! . . -'. ., . ~ ,. Dollar,s' each" _aggregatingf Fifty" Thous~nd ,($50,000.00) Dollars,i'ssued for .' , ;,- "1:..' -..- . the-purpose of purchasin~ fire.f'ighti~g equipment ~o-be used for the ~ \ protection and preservation of bridges, county shops, county warehouses,- and I /> other county property located in sai~ C?unty,. but without the corporate. limits of any incorporated city or ~own,'u~der a~~ i~ strict<conformity with the Constitution and Laws of the'State of_~exas, including particularly Article;235la-4, Vernon's Civil statutes, and pursuant to an order passed by ~he Commissioners Court of Calhoun County, Texas, which order is of record in the Minutes of said Court. . The date of this bond, in conformity with the order above referred to, is July l5, 1955. IT IS HEREBY CERTIFIED AND RECITED that the- issuance of this bond, and tse series of which it is a part, is duly .authorizedby law and by a I majority of the qualified resident property taxpaying voters of the County of Calhoun, Texas, voting at an election duly held for that purpose within said County on the 14th day ~f May, 1955, that all acts, conditions and things req~ired to be done precedent to and iii, .theissuance of this series of bonds, and of this bond, have been properly done and performed and have . happened in due time, form and manner.as required by law; that a direct " annual tax has been levied upon all taxable property in said County sufficient to pay the interest on this bond and the principal thereof at maturity; and that the total indebtedness af said County, including this bond, do~s not exceed any constitutional or statutory limitation.. I IN TESTIM,~NY WHEROF, the CountYc~ommi-ssioners Court of Calhoun County has caused the seal of said Court to be affixed hereto, and this bond to be signed by the County Judge, countersigned by the County Clerk and .;,. -', . registered by th~ County Treasurer of said County,_and the interest coupons. hereto attached to be executed oy-the/'Cacsimile signatures:_ of. said County ~ Judge and County Clerk." , , I , ~" COUNTERSIGNED: /s/ HOWARD G~ HARTZOG, County Judge, Calhoun County, Texas /s/ MAURICE.G; WOOD County Clerk, Calhoun County, Texas ~ , --~,",., REGISTERED: /s/ ~ARY STEPHENS Cmunty Treasurer, Calhoun County, Texas. .- \ l ~ ,...-. '~. - '.., ..~., - "._~t3 I ~-b -E . - .. " " , !I I' ,I II \. ,I Ii I ,. II " i;s'tantially IINo. 'I I I ,">I'. I IX. ----- I II 'I I ) The form of interest coupon, attached to said bonds shall be sub- as follows: $ ON THE l5TH'DAY OF I ,/ " :Ithe. County of Calhoun, in the state of Texas, hereby promises to pay to !'bearer in lawful money of the United States of America, at the First State II I'Ban~, Port Lavaca, Texas, the sum of !sum being six months' interest due that day on CALHOUN qOUNTY FIRE EQUIP,:. Ii II '{1ENT BOND, SERIES OF 1955, dated July 15, 1955, No. Ii Vs/ MAURICE G. WOOD County Clerk ,19-,-' . . ($ ) Dollars, said . . , 'I I /s/ HOWARD G. HARTZOG County Judge ..." I , I, . I . lithe back of each bond: ,IOFFICE OF COHPTROLLER I iI I i,STATE OF 'rEXAS I II I HEREBY CERTIFY that there is ~n file and of record.'in may ,:office a c ertifi~ate of the At~orney General;of the State of Texas to the , effect that this bond has been examined by him as required ~y law, and that I he finds that it has been is~ued in conformity with the Constitution and II Laws of the State of Texas, and that i~ is a valid and binding obligation " ijUpon said Calhoun County, and said bond has, this day been registered by me. jI II 1', :1 Ii '/ I, 11 X. That substantially the following certificate shall be printed on I - WITNJpSS MY HAND'and seal of-.office,at -A,!stin, Texas, this . . , . ; Comptroller of pUblic Accounts ~ The state of Texas. I I ,XI. I , I I II I I'i It is further ordered that while said bonds, or my of them, are .rutstanding and unpaid, there shall be annually levied, assessed and collected, !in due time, form and manner, an ad valorem tax upon all. the taxable property 'I I~n Calhoun County, Texas, out of the Constitutional General Fund Tqx, suffi- I~ient to pay the current interest on said bonds and create a sinking fund for II jfhe payment of the principal thereof at maturity, and for the year 1955 there :~s hereby levied out of the Constitutional General Fund Tax a sufficient tax II iin each $100.00 valuation of taxable property in said County, and while said ~onds, or any of them, are outstanding and unpaid, a tax for each year at a Ii rate from year to year, as will be ample and sufficient to pay the interest -Ii ------1 II I: I' I I, )1 -.. I . I II J , l , ~ .... - -~'" r~~1J= =lii- G- E . ( ; I .. ..----. on said bonds and provide the n~cessary sinking fund ~o pay the principal, full allowance being made for delinquencies and costs of collection, shall be, and is hereby levied for each year, re?pectively, while said bonds or any of them are outstanding and unpaid, and said tax shall each year be -~. c: I assessed and collected and applied to the payment of the interest on and principal of said bonds. XII. < ~.-~. '''--~''-- It is also ordered that the CountY.Ju~ge. of Calhoun County l( be and he is hereby authorized to take an?- have. ~~a.rge of all necessary . - records pending inve~~~g~tion by the Attorne~_Genera~ and_sha~l t~ke and --~-'- -" - have charge and control of the bonds ~e~~in.~ut~?rize~fending their approval by the Attorney-General and'registration by the Comptroller of Public Accounts. 'When said bonds have been regi stered by the Comptroller, the Comptroller is hereby authorized ~nd.instructed to deliver$id bonds ~ the First State Bank, Port Lavaca, Texas. . The above order being read, it was moved and seconded that same do pass. Thereuj)on, .the- 9-ues~.ion. b(ling:., called for, the following members of the Court voted AyE: Frank Wedig, Frank Kemper, Ernest Radtke, J I Clarence Barton, and. the following voted NO: NONE. /s/ HOWARD G. HARTZOG GOUN'l' Y J UDGb: < /s/ FRANK E. wEDIG COMMISSIONER,PRECINCT NO.1 : . .. . , ~ /s/ERNEST H. RADTKE -COm1ISSIONER PRECINGr NO. 3 /s/ CLARENCE BARTON. . COMMISSIONER PRECINCT NO. 4 \. GS'R. F. KEMPER o 1ISS10Nb:H rHb:CINC~ NO. c . . < -. i , I \ -. . ~--=~ , i //_07 1- . , t,;- . l I ~ r"" ."'II1II 157~ . , I IffiGULAR TERM , HELD jULY 16.1955 . ! THE STATE OF TEXAS I I COUN'I'Y OF CALHOUN I '- . . BE IT REMEMBERED, that on this the 16th day of July 1955. there T":- was begun and holden atthe Courthouse, said County and state a R~g~~ Term of the Commissionersl Court within and for said County and State. same bein~ the ,Rilgu1ar Term 1955. and there were present on this date the following officers of the Court. to-wit: HOWARD G. HARTZOG. COunty Judge MAURI~E G. WOOD, County Clerk FRANK E. lVEDIG,. Commissioner pr.l ERNEST H. RADTKE, Commissioner PI'. 3 R. F. KEMPER, Commissioner Pl'. 2 CLARENCE BARTON,. Commissioner Pl'. 4 WHEREUPON the following orders were made and entered by said Court to-wit: I - - - - - - - - - - - - - -.- - - - - - - - -- .-- I FIRE TRUCK BID ORDER On this the 16th day of JU1y,1955, at a r~gular term of the Commissioners Court of Calhoun County. with all members of the Court h being present, whereas the Commissioners Court held a regular meeting with the Fire Chief and representati~~s of, the Cities of Port Lavaca~ Point Comfort, Seadrift and Port OIConne;r:', cons;iting of the following: . Billy Zwerschke John 0 Sibas Kelly Durham - F. W. Lin~sey Ce'Cil Blake . W. J. Orsak - Bill Zwerschke T. B. Hargrove, ITr. . . , , . Ray Rathel'S Roy W. .Pilgrim , . . L. G. Gunlock . , . P.. B.. Shaffer I and wher?as it w~s u~anim?usly agreed that the proposed oid' specifications were not sufficiently up to date to meet the growipg needs and that a further s tudy"should be made before advertizement and that a committee of fire chief's -and representatiiVe.s-c:should. be appointed. to make a revision. -....,. .. 'I , Therefore on motion made by Clarence Barton seconded by Frank Wedig, further action was postponed and the Fire Chiefs of each community' were authorized to report to local citizens 'ana to work out revised speCifications for each commUnity. to be submitted in writing to the Court at a special meeting to be held for t hat purpose at a later date " to be set on request. On motion.made by Clarence Barton seconded by Frank Kemper, Ray Rathel'S was appointed as County Fire Chief of Port O!Conner. . ...oil ..... 158 -"(:,.. . I... (}>J"'Il ,.,... to>M''-! ~ ~ N .;. . \ - COUNTY LAW LIBRARY On this the 16th day of' JUly,1955, at a r_egula:r session of' the Conunis~, , - - -. - - - - I sioners-Court-of-Calhoun County, Texas,-with-a11 members of' the.Court present, on motion made by Clarence Barton and seconded b~ Frank Wedig and unanimous1~ adopted, the f'o11owing order was declared passed. Whereas Calhoun County now has a partlal County Law Library consisting of' two--set.s :of' Texas Statutes one locat-e-d in'the County Court- Room and one 10cate~ in the District Court Room together with assorted volumes of'Texas I, ...ro'" -.. Reports but does not have the South Western 'Reports on-Texas-Cases, and whereas it would be of' benef'it to the pUbn-c 'to e'stablish under the proviilions -of Article l'702H,a County Law Library.' Therefore it is ordered adjud'geda.nd' -decreed that Calhoun County 'accept the--provisions of Article 1702' H, and hereby establishe's a' County Law Library to be maintained in t he District Clerks' Office and it is further ordered that the District Clerk and County Clerk tax the sum of ll~OO-.on each Civil c-ase 'hereafter Tilea.j- excep"t -dEilfnquent- tPf surts, to be paid to . Law the County Treasurer to be credite<:i to the County /Library-Fund, -and allf'unds heretof'ore adv,?,nced '.from 'the General Fund for law books be a charge against cLaw such County/Library Fund. t OFFICIAL BONDS ApPROvED FOR WEST SIDE CALHOUN COUNTY NAVIGATION DISTRICT On'this the 16th day- of JUly, 1955, at a special term of theConunissi-" oners Court of Calhoun County, Texas, with k11 membersof.,the #.Coiirt being- present the following bonds were ordered approved: " . ,I Mary McClure Stephens, Treasurer ex-officio of'WestSide Calhoun County Navigation District. '3;000.00 Bond. , , ' Bookkeeperof'West Side Calhoun County Navigat- ion~ $40,000.00 Bond. . .Commissioner.of West Side Calhoun County Navigat_ ion,District. $l,OOO.OO.Bond. , I Commissioner'of' West Side,Calhoun County Navigat- ion District. $l,OOO.OO'Bond. , Bennie Mae Wasserman, T. A. McDonald, . C. H. Stiernberg, Sam H. Day, Commissioner-of' West Side Calhoun County NaVigati ion Di,triot. $1,000.00 Bond. I a Regular-ter~ of the Commission- I TAX ASSESSOR..COLLECTOR REPORT,APPROVED FOR JUNE . ~ .;.- ~.. On this the 16th day of July, 1955, at ers Court of Calhoun County, Texas, with all members of' the Court present, ! . Mrs. C. B. Guidry, Deputy, presented her report forthe month of IJune, and it having been read in open Court, and the Court having duly considered the < .. I same together with t he exhibits accompanying _same, and having the balances -, compared in the various accounts and find~ng said report to be correct, on motion duly made, seconded and unaminously carried the Tax Assessor - Collect r report f'or the month of June, 1955, was ordered_approved. ,'- . - . ~ r- 'j -..., 159 . I COUNTY-SCHOOL LIBRARY PROGRAM On this the 16th day' of July 1955, at a regular term of the " I Commissioners Court of Calhoun County, Texab, with ali members of the Court present. Mrs. rroe B. Moore, of the Library Committee appeared and filed the following petition as to appointment of Library Trustees: TO: The Commissioners' Court of Calhoun County. Texas~ Gentlemen; . Whereas, the Legislature of Texas,; has'enacted into law, Senate Bill No. 349~by William S. Fly and R. H. Cory, the same being Chapter 367, Page 93b, Acts of the Regular Session of the 54th Legislature, as sponsored by the Womens Organizations of Calhoun County, Texas, enabling the saidCalhpun County to have a combined public library and.womans building, on the campus of the Calhoun County District "School. And whereas such project m~st be' financed by private contri- butions it is recow~ended to the Court that since the Act provided no term qualifications for such Board that it would be in the pUblic interest that the majority of such appointments be made so as to reprepent the various organizations of the County so that the presiding officers of such be automatic members of such Library Board during their term of Office. . I Therefore w e suggest t he follbwing appointments: 1. Chairman of the County Home Demonstration Club. 2. , th'e United Church Women. Chairman of 3. Chairman of the Womens Study Club of Port: La;aca.' I 4', President of the P. :T. A.. Club. 5. General Chairman of the Girl Scouts. We recognize that the adoption of this plan of selectio~ by the Court would leave off of the first Board of Trustees the names of many able citizens who have worked long for the estaglishment of ~his program however, we feel that this is democratic procedure and the membership of these clubs and associations will a nnually select those be'S't",qualified to carryon t his program, and all will in time have an opportunity to serve. . _Respectfully submitted. ~- <J By Mrs. ,oe Moore with \ Mrs. . Mrs. Mrs~ Mrs. Mrs. permission of Joe Moore W. P. Regan Rebecca Rubest Leroy Chattom E. S. Snyder persons. .,- Mrs. Floyd Miller _ Mrs. J. C. Melcher - Mrs. Jeff Clark Mrs. A. S. Bowers -: I Whereupon on motion made by Clarence Barton seconded by Frank Wedig, and unaminously adopted, the recommendations of appointments were ordered approved, and each trustee appointed for terms commencing and . terminating-:with the term of office in each individual association, and I the successors of each shall hereafter automatically be members of the Calhoun County Board of Library Trustees. . t . ...,j ~ 160 00" ,.,..., Io',:t>.~ ~ t::I N .- . GEORGE STREET EXTENSION On this the 16th day of July, 1955, at a :regular term of the Commissioners Court of Calhoun County, Texas, with all members of the Court . ~ t present, R. A. Barton, Attorney" reported completion of the condemnation -I , of the Todd Estate lands for the extension of,George Street and that deeds had been obtained fI'om all the other owners from t he Half League Ro.ad to . - , Highway No. 35 and 87.. - , I On motion made by ClaI'ence BaI'ton seconded b~Frank Kemper the. report of the Jury of View was accepted and ordered approved and signed by the-' . Commissioners Court as I' ollows:: , , THE STATE OF TEXAS I :1 COUNTY OF CALHOUN J CpMMISSIONERSI COURT ~_ CALHOUN COUNTY, TEXAS. , , . On this the l~th day of JUly, 1955, same being the day of regular session of CommissloneI's' Court of Calhoun County, Texas, and all members being pI'esent, there came on to be heard the report of the .Jury of View heretofoI'e appointed and authorized by this Court to layout and survey-a pUblic road in Calhoun County, Texa, with field notes of said sUI'vey and description the City of of sa~d road as follows: said I'oad being situat~d(adjacent to I Port Lavaca, in Calhoun County, Texas, with metes and bounds as .- ,- I follows, to-w~!,;. - . Beginning at a point in the North boundary line of U.S. Highway No. 87, sueh point being south-5 des. 28' ~est 100 feet and south 84 deg. 32' thirty feet from the Southw~~t corner of the COast Materials Company two-acre tract o1kt.:of~ the M. Sanchez Survey, Calhoun County, Texas, and terminating. at a point in the sou~hwest boundary line of the Half League : v:J;load, such point being in the center of an extension of George street, I City of Port Lavaea, both. such points being the center of the 60 foot publil road. . And the Court having fully considered said report, and being f'ully advised, upon motion duly made and unanimously carried" it is ordered that. the report, of the said.Jury of View be, and it is hereby, in all things appI'oved; and the Court being further advised, and having found that all . , i 'i. notice required by statute, and all other requirements of the .law being fully, met, and having ~urther found th~ right-of-way has been secured either by , deeds from landowners, or by proper~ condemnation proceedir:m;s for the com- .. t -. lished as a first class pUblic road, 60 feet in width, and the field notes I plete right of ~ay for said public road, said public r~ad is hereby estab- , and description are hereby ordered recorded in the minutes of this Court, ag , hereinabove set out; .<j" ~/ and it is furtheI' ordered that there be allowed and paid as damages the r . ~ I sums assessed by the said Jury of View and as set out in detail in the re- port of said Jury of View heretofore this date approved by this court, and that said sums be paid to the proper owners~. except that as to the unknown . ~ ,... ..... 161 -- . \ I heirs mentioned in said report, the certain minors, also mentioned in said , " r~port, and the owner whose address is unknown as mentioned in said report_ _ the treasurer of Calhoun County is hereby directed to credit the sums of damages assessed to the said unknown heirs, the said minors, and the said owner whose address is unknown to these certain landowners, to beheld for these said ,landowners until further orders of t his Court. And it is furt-her ordered that the overseer of roads in Preei.net II No.1, in which siad pUblic road lies, eon~ider same as' his responsibility, and proceed -to.open said road and henceforth to work it and maintain it as a first class public road of Calhoun County, Texas. , ,.... I . The costs as reported in the said report of the said Jury of View are hereby approved and it ~s hereby directed that the, same be' paid as provided by law. , 6s/ FrankE. Wedig ommissioner of Precinct No.1 /s/ R. F. Kemper Commissioner of i'recinct No.2 I /s/ Ernest H~ Radtke COmmlssloner ofP reclnct No.3 - - - -.....- /s/ Clarence Barton ",i: commlss~oner. 01' ,i'reclnct -NO.4- {S/HOWard G. Hartzog ounty Judge , ARPROVED FOR RECORD. . EXPRESS WAY ; . On this the 16th day of July,1955, at a ~e~lar session of the Commissioners Court of Calhoun County, Texas, with all members of the Court present, on motion made by Claren?e Barton seconded by Frank Wedig, the Court appointed R. A. Barton, as attorney.to secure the rigth of way . . , for the By-pass right of way for Highway 35 ,to the R. R. at Point Comfort, and that he be reque sted to make recommendations to t he Court. J. A. PEELER RE-SUBDIVISION CITY OF SEADRIFT LOTS. I On this the 16th day of JUly, 1955, at a regular session of the Commissioners Court of Calhoun County, Texas, with all members of the Court present, on motion duly made seconded and carried the proposed re-subdivis- , ion of City of Seadrift Lots, was approved and ordered filed subject to the. approval by the City ~6uncil of the City of Seadrift. I ------ - - Commissioners Cour~ adjourned. .- " . 10... .<Ill ~ 162 001 ~~ I ~I tt.J I N . , j REGULAR SESSION < < HELD THE Sth & 9th of 4131t.'.1955 THE STATE OF TEXAS I I COUNTY OF CALHOUN I , BE IT. RE,MEMBERED, that on this the 8t~ day of August, 1955, there~ was begun and holden at the .Courthouse in the City of Port Lavaca, said- o . I County and state a Regular term of the Commissioners' Court_ within and for said County and State, same being the Regular August Term 1955, and there. c . . t. '.' ~ were present on this date the following officers of the Court, to-wit: HOWARD G. HARTZO,G, coun,ty JUdge, FRANK E. WEDIG, Commissioner Precinct No..l R. F. KEMPER, Commissioner Precinct No. 2 ERNEST,"W" .RADT~, r;ColllirWssionEl";r Precinct No. 3 CLARENCE BARTPN, Commissioner Precinct No. 4 . .. MAURICE G. WOOD, County Clerk WHEREUPON the follo~ing-orders were made and entered by said Court , to-wit:: . - - - - - - 4-H G:E,UB-DELEGATION On this the ~th day of August, 1955, at a Regular Term of the I Commissioners Court of Calhoun County, Texas, with all members being present, Mr. Cook, County Agent presented a group from the various 4-H Clubs in the County who are studing County and state government. The group consisted -of: t Carol spiiier" Joyce sturm Henry Hahn, Jr. Emil Koenig Charles Brett __ .~-~. - Jimmy Priddy -: . i Howard Shaffer Bobby Boyd James Koenig , , Robert McPherson Jimmy Felle~s Joe' Brett,- Jr. ~ . < The CoUnty Auditor gave a talk on the procedure of our County government. Mr: Cook talked on our State and-County government in compari: son with Russia, and our farms -in "comparison -with: RU.ssi-a:nCollective" Farms-: .. ~ - - COUNTY TREASURERS REPoid FOR JULY APPROVED I On this the 9th of AugUst 1955, at a regular session of the Commissioners Court of Calhoun Cou~ty, with all members being present: Mtss Mary-Stephens, County Treasurer presented h~r report for the month of . -' ~ ..._- ~~-=~';'::3 July, and it having been read .1n open Court, and the Court having duly _ _ _ ;,...c _ _ _ _ _ - - - - - .. - - ~ considered the same together with the exhibits acco~panying same, and having I - .- the balances compared in t he various accounts ~Jld/frnding said report to be . ..' ---=- . ~;::- correct, on motion duly made, seconded-and unaminously carried the. County Treasurers report or July 1955, be and the same is hereby approved. . l .... r- ~ 163 . 1 CALHOUN COUNTY MEMORIAL HOSEITAL- On this the 9th day of August 19.5.5, at a regular term of the Commissioners Court of Calhoun County, Texas, with all members being present. Mr. D. D. Boyd, Mr. Forest Rogers and Mr. Homer Horton appeared, in connect- I ion with t he unpaid bills due the Hospital. Mr. E;oulihan gave a report on the accounts receivable which showed that unpaid bills are on the uprise. The Hospital has done every- ., thing it can to c ollectthese bills. They asked that the County Attorney be authorized to institute suit in the name of the County. . , On motion made by Mr. Barton seconded by;Mr. Kemper, County Attorney Jack Fields was authorized to file suit on delinquent Hospital bills specified by the Board of Trustees of the Hospital and the adminis- trator. BUDGET HEARING Calhoun At a Regular Term of the Commissioners Court in and for ~ .. . ~ County. Texas, he.1d in t he_ ,riegular meeti~~ place of said Court . I in the County Courthouse in t he City of Port Lavaca. Texas. on the 8th day of August. 1955, with County Judge Hartzo~ presiding. and Commis~ioner ~edig. Kemper. Radtke. and Barton present, and the County Clerk in attend- 'ance. there havi'!lg come on for 'hearing .the matter of the public budget , - 'hearing. it was 'moved by Commi5sioner Bartonthat the County Judge be; and 'he is hereby~ authorized and dtrected to pUblish in a newspaper of county- wide circulation notice of the public hearing on the Calhoun County, Texas. budget for the calendar year 1956 tofue held at-2:00 P.M. on August '30th. . 1955. Motion seconded by Commissioner Radtke. Question. Motion Carried. It is so ordered. '~C/~ County udge i alid for Calhoun County. Texas I , 1 . NOTICE OF BUDGET HEARING As provided in Article 689(a) 11 Revised Civil Statutes of Texas. a s amended. notice 'is hereby given 'that t he Commissioners Court of Calhoun County, texas; will conduct a public hearing in their regular meet- . ~ ing place in the County Courthouse in the City of Port Lavaca on the pro- posed budget for said County for the Calendar year 1956. .,j ".... 164 .... V<t .... 00-' ~. ~ t"'" "'W ~ . Said hearing will commence at 2: 00 P .11. on the 30th day ot: August, - ---- - ~ ... - -'. ---- County has the . right to attend and I 1955. Any taxpayer ot: Calhoun participate in saiq heari~g. , BY,order ot: the Commissioners Court. ~~t.td~ Calhoun County, Texas. . I ,,-".) HOSPITAL INSURANCE On this the 8th day at: August, '1955, at a Regular Term of the .COJJlll1issioners Court of Calhoun County, Texas, with all members of the Court being present, whereas heretofore -the Court has requested an , - independent engineering survey to determine the proper insurable values of the CalhounCmunty Memorial H~spital and equipment and whereas such survey has been campletedand the report as filed is as follows: . CAIJIOUN COUNTY MEMORIAL HOSPITAL INSURANCE Item Book Value Insurable Value Agent Portj;on 1. Old bldg. File 595. $219,548~ $175,800. $29,300. 2. Contents old b1ds., File 595 83,372. 66, 600. ' 11,100. 3. Supply house, Ffle 598 1,340. 1,674. 179. I 4. Cont'ents Supp1y.house, -File 598 , .t , 5,000. 4,200. 700. . . , , 5. Garage nurses home, (no file) 600. 480! 80. 6. Contents garage (no f'ile) 2,000~ 1,620. 270. , - .TOTAL $311,860. . $249~774. $4l,629. , And whereas it has been the custom to invite all local general , agents to par:t~cipat.e in such insurance and that the six agents have been carrying insurance on such property and equ~pment since Febr~ary_-l6, by binder subject 'to such survey. Therefore on motion duly made seconded and passed, each of the t:ollow- ing agents be requested to issue poliCies ~or. their apporpionate part ot: each as per the division shown in said sche dule-; . Mrs'.. Lois. DeShazor- , - L. R. Carter D. D. Boyd Marsh Canion Richard Ryon 1 Alton vi. White RIGHT OF WAY STATE HIGHWAY NUMBER 238 ',~ _._._- On this the 8th day of August, 1955', ~t -a: Re~ular Term 0 f the,_ Commissioners Court of Calhoun Co~ty, Te;as, with all members being ,. present, there came on to be considered,the report ot: the board of condemnation in cause no 491, State of .Texas, acting by and through . ~ .. the Commissioners Court of Calhoun County, Texas, in condemnation of the property of Henry Marek, et ale , [\ r'" 165;"'lll . t . Therefore on motion made by Clarence Barton seconded by Frank Wedig, the report-of the Board was ordered accepted. And that whereas it is in the public interest that the County enter and take possession of.the same pending final litigation that the amount of One hundred ninty-nine "dollars-and eighty cents-($199.8o) as adjudged against Calhoun 'County by the commissioners, be deposited in t he County Court, subject to the order of the defendant as provided I I by law, and the County treasurer is ordered to make su~h deposit~ And it is ordered that 'each of the foll~ing commissioners for services rendered be paid as follows: . T. A. McDonald $3.00 -- J. C. Williams' '3.00 A.- L. Clark $3.00 On motion made by Frank Kemper seconded by Ernest Radtk& and 1 unami~ously passed. Frank Wedig Commissioner of Precinct No. I, was authorized to remove all fences -and other obstructions :trom the right of way of State Highway No. 238 across the property of Henry Marek, et a1, as condemned in case no 491, by commissioners T. A. McDonald, J. C. Williams and A. L. Clark. ROAD PAVING PROGRAM , On t his the 8ta day of August, 19.5.5, at a Regular Term of the Commissioners Court of Calhoun County, Texas, with all members of the Court being present, there came on to be considered that whereas onthe 30th day of May,195.5. bids were duly advertised for the hard . surfacing of aproximately thirty miles of county roads, an~ on the 13th day of June 19.5.5 the bid of.Brannan Bros,was accepted as the 'best and lowest bid, and where two miles of such program are located in Precinct No. 3 on the East Side of the bay and because of the increased cost of transportation of materials allowance should be made. 1 Therefore on motion mafie by Clarence Barton seconded b y Frank Wedig the hard surfacing of such two mile section is hereby ordered and that payment thereof is hereby authorized at the rate of ~6..50 per cubic yard~U~ace stone and 1.5~~ per gallon for prime coat and 1.5~~ per gallon for asphalt coat. I LOST VOUCHER # 13980 --~ On this the 8thday of August, 19.5.5, at Regular Term of the Commissioners Court of_Calhoun County, Texas, with all members of the Court present, on motion made:, seconded and unaminously carried, that . -. , ... ...4 ""-166 """'ll 00 ~ ~ IX ~ . whereas it appears that County Voucher # 13890 issued the 15 day of' June, 1955 in the amo~t of' $12.00 issued to:She1by Smith, has been ,lost or destroyed, it is therefore ordered that the same be voided and canceled and I a new voucher be issued in lieu thereof. COUNTY FIRE FIGHTING EQUIPMENT. On this the 8th day of August, 1955., at a Regular Term of the I. . Commissioners Court of Calhoun Count~, Texas, w~~h all members of the Court being present, on motion made by Clarence Barton Seconded by ~rnest Radtke, '. ~ _.~ . . - .... I the report of the committees on Fire Yighting equipment specifications were approved and the Coun~y Judge authorized to call for bids to be opened at .. ,.' . 10:00 A.M. August 30th, 1955 ; , . NOTICE TO BIDDERS . - . . Notice is hereby given tha~ the Commissioners Cqur~ of Calhoun County, ~exas. will receive bids for the purchase of County Fire Fighting eqUipment, up until lO:OO A.M., on the 30th day of August,1955. Bids on the . .. four units are to be submitted separately and in alternate as follows: ;:. .. "..... . ..' Unit Bid No. I; with.chassi~ by bidder.- Unit Bid No. II; with c~ass~sf~rnis~~~ by Ca1qo~ County. t And each bid shall list detailed specifications and the bid price I> .. 't .'" I .. -- t. I of the individual assessories, with the right of the Court in ~ccepting an .. 12. . individual bid for the completed unit to, to accept or reject a ny accessory item and the right to a ccept or reject all bids. I Each Unit bid shallbe accompanied by a .good f'aith Bank Check f'or 5% of' each unit bid on the f'ollowing equipment. .' t. . SPECIFICATIONS FOR THREE (3) HIGH PRESSURE . TRUCKS WITH 750 GALLON TANK .--CHASSIS - 175" WHEEL BASE. TIRES - 825 X 20 -- 10 PLY MUD GRIP REAR TIRES AND 825 _~ 20 FRONT TIRES INCREASE COOLING (HEAVY DUTY) INCREASE BRAKES (HEAVY DUTY) REA VY DUTY SPRINGS 6 OR 12 VOLT ELECTRIC SYSTEM - 50 AMP GENERATOR STANDARD CAB 4 SPEED TRANSMISSION OR EQUAL REA VY DUTY TWO S PEED REAR AXLE SPECIFICATIONS FOR ONE (1) 750 GALLON PER. MIN. VOLUME AND HIGH PRESSURE UNIT CHASSIS- 175" WHEEL BASE TIRES - 900 X 20 -- 10 PLY RATING MUD GRIP ON REAR INCREASE COOLING ( REAVY DUTY) INCREASE BRAKES (REA VY DUTY) HEAVY DUTY SPRINGS (FRONT AND REAR) - ~- MINIMUM HORSE POWER - 210 HP . _ ~ 12 VOLT ELECTRIC SYSTEM - 50 AMP GENERATdR--- STANDARD 'CAB .~ 5 SPEED TRANSMISSION - 5TH OVERDRIVE REA VY DUTY REAR AXLE I - I" Detailed ~id specif'ications for fire equipm~nt and assessories for . I I ",,'- - , the units above may De obtained from th~ County Judges office in Port Lavaca, Texas, on request. , . Ordered this the 9th day of August, G. artzog, County Calhoun Counl; y, Texas ... -... 167 . I STATE HIGHWAY MINUTES On. this the 9th day of August. 1955. at Regular Te;t'Ill of the COIll11lissioners Court of Calhoun County. Texas. with all members of t he Court , present. there came on for consideration cthe acceptance of Minute order # 38451 as to Farm to Market Road No. 2235, and on motion made by Clarence I Barton seconded by Frank Wedig and unaminously adopted {the minutes were c; ordered accepted and the formal acceptance ordered executed. , MINUTE ORDER . Calhoun County District No. 13 WHEREAS. in CALHOD1{ COUNTY, a study of the most needed road improve- ments has. been made and consultations have been held with the.appropri- atecCoimtY'"Jofficials"re.lative to'.the roadmeeds oflthe County;. :., Page 1 of 1 Page~ '~, I NOW. THEREFORE, IT IS -ORDERED that. a FARI1-TO-MARKET ROAD be designated. extend from end of F. M. Road 2235, 3.4 miles-Southwest of State High- way 35. Southwest to State Highway 185 at Long Mott; a distance of approxi- mately 4.5 miles. subject to the availability of funds in the'Farm-to_ Market Road fund as established by Senate Bill 287, 51st Legislature, and subject to the further condition that Calhoun County will furnish all required right-of-way free of cost to the State. At such time as the County shall accept the provisions of this Order and agree to the furnishing of the required right-of-way, the State Highway Engineer is directed to proceed with the engineering development and con- struction of the project in the most feasib1e:and economical manner, at an estimated cost of $130,000.00, and to assume the road for State mainte- nance upon completion of the.construction herein authorized. In case right-of-way agreement- by the County is not executed wi thin 120 days of the date of this Order. the action herein contained shall be automatically cance1ed.- - , C o P Y . , Examined and recommended by: Program Engineer Minute Number.... 38451 Date Passed July 28,1955 ^.<:~~., COUNTY DEPOSITORY CONTRACT I On this the 9th day of August. 1955. at Regular Term of the Commissioners Court of Calhoun County, Texas. with all members of t he Court being present, there came on for re-approval of the County Depository Contract with the First state Bank, the original having I , been lost in the State Comptrollers Office. On motion by Clarence Barton Seconded by Frank Kemper and unaminous1y adopted the contract was ordered approved. . lio... .... "'-168 , at r::. ~ ~ " . HUMBLE OIL & REFINING COMPANY REQUEST FOR CROSSING COUNTY ROAD THE STATE OF TEXAS I COUNTY OF CALHOUN I COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS: I Humble oil & Refining company~ a corporationculy incorporated, --~~~-'.. ';.- '", , " . existing and doing business under and by virtue of the laws '- t ." 'ol . Texas, hereby applies to your Honorabie Court for the Right ,. of the State of to construct, ~I maintain, op~rate and remove a pipe line fo~ the transportation of oil, gas and water and/or their products across a public road in the Jose M. Mancha Survey, Calhoun County, Texas; said crossing to be on the County road at a point indicated-in red on the attached Plat SWT-A-1487. . Respectfully submitted, <> , HUMBLE OIL & REFINING COMPANY By/S/ HARLEY N. DOLD . DATED JU~Y *8, A.D., 1955.' THE'STATE OF TEXAS I COUNTY OF CALHOUN I IN THE MATTER OF THEA PP.LICATION OF.HUMBLE OIL & REFiNING COMPANY -FOR PIPE LINE -RIGHT OF WAY: " , , . . '" I On this; the 9th day of Augu~t A.D.,~ 1955, came on to be consider- . ed by the Commissioners,1 Court of Calhoun County, Texas,- a 1-1 members 'of said Court being present, the application of HUmbie Oil & Refining Company for the right to construct, maintain, operate and remove a pipe line for the purpose of transporting oil, gas and water and/or their products across a pUblic road in the Jose M. Mancha Survey, Calhoun County, Texas; said crossing to be on the COuhty Road at a point indicated in red on the attached Plat SWT-A-1487, and the said application having been duly considered by this Court, it is ordered by the Cou:rt",' am so adjudged and decreed, t hat the s aid right of way arid easement privilege for the above purpose be granted to said Humble Oil & Refining Company, its successors and assigns, upon the foilowlng-termS-and ! :. C ondi ti ons : :: " That the s aid Humble Oil' & Refining Company shall at its own expense I keep the pipe line constructed under this grant in such c o:r:rlltion that the same will not impair or int~rfere with the use and travel along s aid road, and . , shall keep that portion of the said road along which such pipe line is laid in as good condition as at the time the said pipe line is laid, and in the I . - event such pipe line is buried, no loose dirt or other material shall be left which will impair the said road, but such dirt shall be packe d to a least the same consistency as the said right of way was before the said pipe line was ".-..-<'" buried. A:ll repairs made to that portioIl__of usaid road u~ed for t his pipe line right of way by Humble Oil & Refining Company in keep ing with this gran t sha1] . ~ ..J r- _ ,titf;-. . I I . I . I I . ri be made so as to fully meet with the requirements and approval of the Commissioners of Calhoun County. It is expressly understood and agreed that HUmble Oi~ & Refining ~Clmpany, its successorsorass_igns, _agI'aeS :to remove.,X'ep1ace _or._ alter t he said pipe line at ;its own expense uP'gn the request of the Commissioners' Court of Calhoun County, if and wAen such pipe line shall interfere with the maintenance" construction or alteration of the said road, as above referred to. , It is expressly provided and understood that Humble Oil & Refining Company, in a ccepting and operating under:. this franchise and permit, is and shall be bound by all the terms and.provisions_;of this order. ~{{,~~h Cou:mxty Judge 0 Calhoun Coun't'"y, Texas. : ~ Tfffi STATE OF TEXAS J COUNTY OF CALHOUN I . WHEREAS, on the '9th day of August, A.D., 1955, the Commissioners' Court of Calhoun County, Texas, upon application of Humble . . 011 & Refining Company, entered an order granting to Humble Oil & Refining , Company the right of way and easement for the purpose of constructing, maintaining, operating and-removing a pipe line for the purpose of trans- porting oil,gas and water and/or their products across a public road in the J!ose M. Mancha Survey, Calhoun County, Texas; said crossing t.obe on the County Road at a point indicated in red on the attached Plat SWT-A-1487 to which order reference is here made for the full terms thereof; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the C6mmissioners' Court of Calhoun County, Texas, acting herein by and through the CoUnty Judge and all of the Commissioners of said County, does hereby give and grant to said Humble Oil & Refining Company, its successors and assigns, the franchise and permit for right of way and easement provided for in the order above referred to, subject, however, to all. the terms and conditions set out in said order. EXECUTED IN DUPLICATE ORIGINALS this the 9th day of August, ~' . County Judge gf ~ Texas coIttl~~rpreCinct No. 2 A .D . , 1955. issioner ? ?CJ~ of Precinct N . ~ ~ recinct No. Commiss1.oner 0 , 169; -, .... "'-110 00 ~ ~ P"~ . I- I On motion made , seconded and carr~ed the application was duly granted. ORDER ISSUING $150,00.00 CALHOUN COUNTY RIGHT OF WAY TIME. WARRANTS THE STATE OF TEXAS I COUNTY OF CALHOUN I 9 On this, the 8th day $-r"f-- . of August, . 1 -"7 1955, the Commissioners' Court of' Calhoun County, Texas, convened in Regular Session at .a Regular Term of . said Court at the usual meeting place thereof, with the following members present, ~o-wit: , t HOWARD G. HARTZOG FRANK E. WEDIG R. F. KEMPER ERNEST RADTKE CLARENCE BARTON MAURICE G.WOOD - -- COUNTY JUDGE COMMISSIONER PRECINCT NO. 1 COMMISSIOlrnR PRECINCT NO.2 COMMISSIONER PRECINCT NO~ 3- COMMISSIONER PRECINCT NO. 4 COUNTY CLERK p ,. . when the following order was passed, to-witi WHEREAS; this Court has heretofore . determined the advisability of ~ ""1"'>= . /~ /1.'7 ""'- ,. 'J..;;;> on State Highway No. 35 Express- purchasing right of way and clearing same , . . "'... - . way a~d certain Farm'to Market roads within t Calhoun County to be designate . ". t ~. by the State ,Highway Department; and, H - 't ... - WHEREAS, this Court does not ha ve on had sufficient funds with .which to purchase said right of way and to clear same;; and, 1 - .' , WHEREAS, this Court has heretofore determined the advisability and . . necessity of issuing interest bearing time warrants a gainst the road and ~ : :: bridge fUnd to pay claims -to be incurred in such purchase; and, WHEREAS, pursuant to the provisions of Chapter l63, Acts of the Regular Session of the Forty-Second T~xas Legislature, the County Judge has caused notice of the intention of the 9: . . County to pass an order on t fiis 8th day , Commissioners' ..1;..,,;?..<I_' ;; "7 'I.~ - y of August, 1955, i Court of said . authorizing the . issuance of Right of way warrants for the time and in the manner require~ by law; and, - - , Whereas, this Court affirmatively finds that said notice of intent- ion to pass the order'authorizirigtthe i~suance of such warrants was duly ,. .: I given by publication in a newspaper of general circulation published in Clilhoun County, Texas, in the manner and for the time prOVided by l~w;and, WHEREAS, no petition has been filed signed by ten per cent of the qualified, taxpay~ng voters of said county asking for a referendum e1ect- ~ ~.. I< ion on the i~~uan~~_~~, s~~~w~:rants as pr.9vided, by :J,a~;_ an9-L, I . '. ... . .. WHEREAS, this Court affirmatively'finds and adjedges that the fi~~~al condi~i~n,?f_~~~~~?~~y is ~~ch that i~ will,p~~~~. ~~e.pa~~~~ of said warrants in the matu;ity as herein~iter set out without making an unjust burden of taxation to support the same; and, " .... I"'" ""Ill 171 . I WHEREAS,- it is by this Court considered and (!.ete.rmined to be to tne interest , and advantage. or said Calhoun County to authorize the issuance or said right . , t_ _ ~ _ pr way warrants, and it is now the <desire or the Court to authorize the issuance of such right of way warrants' in accordance with the Constitution and Laws of the State or Texas: I " -. THEREFORE, BE IT ORDERED, A DJUDGED, AND DECREED BY THE COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS. I. . That there shall be issued under and by virtue of-the Consti~ tution of the State or Texas, and more particularly Chapter 163, Acts or the Forty-Second Legislature of Texas, Regular Session, 1931, interest bearing warrants or Calh~un County, to be known as CALHOUN COUNTY RIGHT OF WAY WARRANTS OF 195~7against the Road and Bridge Fund of Calhoun County, Texas, ror-the purpose or paying claims to be incurred in thS- purchase-'or 'ri-ght-' - or way and r or clearing same on certain roads in. Calhoun County to b e desig- nated by the State Highway Department. II. . I Said^ warrants shall be. made payable to BEARER am shall be.numbered :e. rrom 1 to bO~ both inclusive, shall be in the denomination or TWO THOUSAND FIVE HtmDRED AND NO/lOO DOLLARS ($2,500.00.)(1 each, aggregating the sum or ONE HtmDRED FIFTY THOUSAND AND NO/IOO ($150,ooo.OO). They shall be dated as issued, and shall be due and payable serially twenty-riv~~Thousand and NO/100 DOllars.($25,000.00) on the 15th day of 'January, 195~~ and on the l~tn day of January or each year thereafter through January 15th, 1961; inclusive; Calhoun County expressly 'reserves t he right to redeem all or ~ny portion or said warrants on any interest paying date occurring on or arter January 15th, 19567, said redemption to be in inverse numerical order in which saidwarrant~ar~ issued, last maturity dates to be the first called for redemption. . III. Said warr,ahts'shali bear-interest at the rate of two per per annum rr.om date until paid, payable-on January 15th, 1956, therearter on January 15i!lJ.. of' ea'ch year. - , - - , - - ,- - 7 ) cent (2%) and annually IV. . Principal or. said warrants shall b e payable in lawrul money of the rnited States of America upon presentation and surrender Or" warrants at fhe orfice or th1 County Treasurer of Calhoun County, Texas, in the City ,of Port Lavaca, exas, as the same shall mature'. Interest on outstanding ~arrants as. same shall accrue will be paid annually on or berore'January '~5th of each year by the County Treasurer without rurther'demand. , '- v. 1 Said warrants shall,be signed by the County Judge, countersigned by the County Clerk, and registered,by the County Treasurer and the seal'or Ithe Commissioners.' Court shall be impressed upon each of said warrants. VI. The form or said warrants shall be substantially as rollows: NO. ,. $2,500.00 I UNITED STATES OF AMERICA STATE OF TEXAS, COUNTY OF CALHOUN CALHOUN COUNTY RIGHT OF WAY WARRANT OF 1955 , THIS IS TO CERTIFY,that the County or Calhoun in the State of Texas, under and by virtue of a"valid and:subsisting clain is justly indebted to BEARER in the principal sum-ot"-TWO THOUSAND FIVE HUNDRED AND NO/lOO DOLLARS ($2,50o.00) in lawful money or the United States or~America, together with interest thereon rrom date hereof or two per cent ('2%)per annum, payable. January 15th, 1956:{ and ann~ally therearter on January 15th or each year, Both principal and interest payable_a t the office 'of t he County Treasurer or . II .... r'172 00" ~ ~ t.::r.:J ~.L . , - Calhoun County, Port Lavaca, Texas, as the sam~ ,matures and accures;, and the :Treasurer of .said Calhoun CoUnty is hereby authorized, ordered, and directed ,to pay ,to said BEARER the_ s,amd ,sum ?f TW~ T~OUSAND FIVE ,HUNDRED AND NO/lOa -DOLLARS (.$2,500.00) on tne 15th day of January,19 H, the date of the matur., ity of this warrant in full settlement of the indeotedness hereby evidenced,II' from the "SPECIAL RIGHT OF WAY WARRANTS .SINKING.FUND" of said County, levie(~ assessed and created for _that purpose. _ .. '. This warrant is one of a series of sixty (6_0'> warrants numbered consecutively from 1 to 60, inClusive, inthe'denomination of TWO THOUSAND FIVE HUNDRED AND NO/lOa DOLLARS ($2,500.00) each, issued for .the purpose of evidencing the claims to be'paid for the purchase of'right of way and for clearing same and for the payment of damages or services to be: incurred in the procurement and clearing or such right of way on State Highway No. 35 Expressway and on certain Farm to Market roads within Calhoun County to be designated by the State Highway Department~'under and by virtue of the Constitution and Laws of the State of Texas, and in pursuance of the order passed by the Commissioners' Court of Calhoun County,Texas,Which order is of record in'the Minutes of said Court. ' - _ " The date of this war'rant in conformity with the said order is ",,",, < ,. .,l9 ., and it is hereby certified and recited that all acts conditions, and things required to be done precedent to and in the isssuance of this warrants have been properly ao~e:, -happened, a nd. performed in Regular and due time, form, and manner as required by law, and that the total indebtedness of s aid County including this'w.arrant does not exceed the oil....... Constitutional or Statutory Limitation. ' Calhoun County expressly reserves t he right to redeem all or any part of these warrants of which this'-warJ;'ant is -an issue., on any interest paying date occurring after'January i5th, -1956. , . \ . t . .- " , IN TESTIMONY WHEREOF, ,the Co~issionerl qou~t o~ Calhoun County; Texas,_has caused .thes eal of.said Court. to q,e hereto affixed, and this waraant. t.o be-signed by the County Judge, countersigned by the. County Clerk~ and re:gisteredcJ. by the County Olerk, and registered by the Co~ty Treasurer. 1- I . ."." -. ", , I Registered this' day of County .Judge, _Calhoun county'l Texas. Countersigned: ,. County Clerk, ,Calhoun County, ',.< .Texas. . ,i9" -, ._,' _:.. , o _ .' County Treasurer, Calhoun County,_ Texas. VII. . 't : . '." (:.:: Said warrants shallte executed .and-delivered to the First State Bank or Port I.avaca, Texas:, on claims is'sued fop right or way, and_ for clear';' ing same, which claims have been Qulyand legally transferred~ assigned,' or endorsed over to the order of the First state Bank of Port Lavaca, Texas, and which claims shall be duly audited and allowed by the Commissioners' Court of Calhoun County prior to. the delivery 5!f said warrants in payment of same, The First State Bank of po;-t Lavaca, exaij,to .accept. sElid warrants' in full satisfaction of the indebtedness as shb]rln by such cla1ms. and to deliver over- to the CoUnty Treasurer said claims in exchange 1'0r said warrants so delivered. . I VIn~ . ;;' It is or urther ordered by the Commissioners I Court that s speclaY- fund, to be designated the "SPECIAL RIGHT OF WAY WARRANTS SINKING FUND" be the same is hereby, created_and the CoBrity'Treasurer is hereby ordered and directed to open a n a ccount with s aid fund, to which f und shall be credited a sufficient sum-of money for the payment of the principal and interest of said warrants proposed to be issued for.:~~idpurpose,~s well a s all moneys which may be appropriated for said purpos~; which.'f,unds shall not be paid out for any.purpose other than the payment ,of~principal and:interest of. said warrants. . ~ - v '.' ,. : . I ,- That to create said'fundthe payment of.principal'and iterest of said warrants at maturity , an amourit sufficient to pay ail prirtcipal and, . ~ " . .1 1 . 1 . I I . li... "'Il 173 ( interest that will accrue and become due during the year 1956, there is hereby approp.riated and set aside out of the receipts from the 15 cent tax on each ilOO.OO valuation of a 1l taxable property in said Calhoun Coun- ty,that is levied for the current year 195510ut of the Constitutional 15 ' cent tax fO'!' road and bridge purposes; that for t he year 1957Y"and each succeeding year while any of said warrants are outstanding and unpaid, an amount sufficient to cover the principal and interest that will accrue and become due in each of said succeeding years., there cshall be appropri- ated and set aside out of the receipts from said constitutional road and bridge 15 cent t ax the amount that will be necessary, I' equisi te, and sufficient to pay infUll the amount of principal and interest maturing and payable in each of said .succeeding years and all such money so appro- priated and set aside shall b e p:Laced in said special fund and shall be appropriated'and applied only ~orthe purposes named. . . IX. The above order being read, it was moved and secorrled that same do pass. Thereupon, the questionl::eing called for, thef ollwoing members of the Court voted "AYE: 11 Frank liedip; Ernest Radtke apd. ~~ej ollowing voted "NO":. Frank Kemper Clarence Barton '. , , '- ,- NONE . MOTION CARRIED. IT IS SO ORDERED. ~Ef~ ATTEST: Co s loner rec nct No. . .. I: A ;-;t: II 'ifZdai. 6€mmi:s~one~Precinct No. 3 '~r~No.4 , ..,;:. PROCEDURE FOR HANDLING. AND. RECORDING RIGHT OF WAY TIME WARRANTS 'i'. HANDLING: '. 1. Claimant may submit claim when the Commissioners' Court is in session. The claim will be processed as follm'ls: A) The lamd, material;, damages or services will be fully'described and the claim will be_signed by the person submitting same. . - B) The correctness of the claim will be attested to by the signature of the County'Commissioner concerned. . , . will sign an assignment form and .attach same to the approved . .. 2. Claimant claim. 3. The County Clerk will prepare a Court order listing the. claims have been approved and authorizing the delivery of as pecified of Right of Way Time Warrants to -the bank to cover same. . . which amount . ;4. The Commissioners' Court wiil pass the-order and the. County Clerk will prepare a certified copy of said delivery order. . . , . . Upon passage of the order the County Treasurer will sign and complete , and register _the Right of Way Time Warrants' specified in the order. """'174 '. ~ QO ~ i:~"':= '; ~{~\' '.......wI . 6.- The County- Judge .and the- County- Clerk will sign the war'rants. and the, County Clerk will affix the seal of the Commissioners' Court._ '71. Tne Bank will be. notified of the- passage of the orsier and w ill advance the cash to the various claimants;.w hen they. surremrler their approyed -Claims and attached assignments. t-o the balkk. ' B. The bank' will assemble. the" claims andass'ignments am exchange tb,em- fo~ " the. Right of Way Time Warrants and the certified copy of the Court order:.~. f I, --' 9. 1 < The -claims and assignments will De filed in the office of the County Clerk as supporting' documents for the time warrant-s issued. 10. The bank will credit the "Right of Way" account with the difference be..' tween the amount of cash paid out on approved claims and the full amount of the warrants received. .This credit will b ecarriedforward to. apply on the next t1me- warrant issued... < RECORDING:' 1.. At the time the County Treasurer signs, Of-way -Time -Warrant.'.br -Time. 'Warrants the issue a. Treasurer's receipt for "Sale of 12,500.00n.or "Sale of Time Warrants # ,II . ~. . . . registers and issues a Right County -Tre'asurEir wilr -a150,----,- Right Of Way Warrant. # . , ;;;, , . through# -.. -;., inclusi~e, . 2. 3. 4. f..', ~~ This receipt will be posted to t he credit of the IIR~ght of Way Fund" and a duplicate copy of the receipt will b e provided the County Clerk. The claim will be charged against the "Right, .of Way Fund." T-heresu1.,ting -ba:lance. -('l'.B.c,-the difference in the 'f ace amount. or- the warrants credited and the total of the claims charged)wi11 be carried fund balance and may be reconciled with the bank account describe in i.tem -10..above..,---- ,-... '.-'-' ----;- . - as a ------------000000000------------ 1 . -. RIGHT OF WAY'23B -CORRECTION-OF PAYMENT TO MELBOuRN ESTATE FOR 2.526 ACRES~ On. -this. -the- 9th day of" August., "1955, at a Regular Term of the Commissi- . .- (. :: .'> oners:Court of Calhoun County, Texas, with all members of the Court being . - ~- , -~- -. - - . -- - ~ ~ - - . . present, there came "on for consideration the correction in payment to the heirs of the W. C. Melbourn Estate for 2.526 acres of land at $100.00 per - ~ . - - - - -..., *"'. .._- -""-'.-' - acre and it being ffound by the Court that voucher ~r wariant no. 14110 issued June 15, 1955, in the sum of $215.26, is in error and tfiat the same has<bee~ returned to the Court- for correction and division as to ownership between . the heirs. , Therefore on motion;made seconded and carried it was ordered.t hat ". . warrant no. 14110 be voided :and c arice.led and that in liEtu thereof new warrant in the'correctamount be issued as follows: 1. Mrs., W. C. Melbourn $126.30 , 2. Mrs. Irene M. Harreld 40.35 3. Mrs. M. D. Shillings 45.60 4. Mr.s. D. R. . Bolling 40.~5 . TAX-ASSESSORS REPORT APPROVED FOR 3U:DY ,I . - . I, . . On this the 9th 'day -of August, 1955. at a -Regular Term of the Commissioners . Court of Calhoun County, Texas, with all members of the court being present. . - Mrs. C. B. Guidry, Deputy, presented her report for. the month of JUly, and it having been read in open Court, and the Court having duly considered the same . ...... ,...- """'l 175 ; . together with the exhibi~s accompanying same, and having the balances com- pared in the various accounts and finds tha~ said report is correct, on Collectors report seconded and unaminously carried the Tax-Assessor- ~ t': . . ,. for the month of July, 195,5, be and is hereby approved. I motion duly made, , LYNN HAVEN PUBLIC ROADS RIGHT OF WAY EXCHANGE 1 On this the 9th day of August, 1955, at a Regu1a~ Term of the Commissioners (ourt ~f Calhoun_Count~, Texas, with all ~embers of the Court being present, there came. on f,or ,consideration the opening of the express:, way across lots 1 and 2 Block 8 and lots 2 and 6, Block 15, of the Lynn Haven additiQn an~ question of whetli,er the. ;County would relinquish its rights to the County dedications of State Highway 35, accros Lots Nos. 21,&Block 15 and the_ 100 'foot strip between said block 8 and 10. . . Thereupon on motion ~ade by Clarence Barton seconded by Frank Kemper and unaminously psssed, -the Court ordered t hat all of its right of way title and claim to an eaElement for State Highway purposes to Lot .. ~ \ . No. 21 Block 15 and all the lOO foot easement between Block 8 and 10 1 down by Lynns Bayou in the Lynn Haven Addition be exchanged f or an ease- ment for the new by-pass express-way for-Highway No. 35; taking all of lots 1 an;_2r Block ~~~,conditioned up'on approval of the City of Port Lavaca and the execution of proper deeds of exchange, and the County Judge and County Clerk are authorized to exeputeon behalf of the Court the necessary deeds of exchange. MINUTES AND ADJOURNMENT ;' On this the 9th day of August, 1955, ata Regular Term of the I . Commissioners Court of, Calhoun Count;r, Texas, w ith,~ll members of the Court present, the minutes from the previous meeting were read and . approved as read. Commissioners Court adjourned until the 30th day.of August, 1955. ---------~-------------------------------- GEORGE STREET EXTENTION - CONTRACT WITH T&NO RR CO. THE STATE ~F TEXAS THE COUNTY OF CALHOUN I I J ~~ ~ '.~::' 1- THIS, AGREEMENT, made and entered into by and between the Texas and New Orleans Railroad Company, hereinafter styled. IIRai1- roadll and- Calhoun County, Texas, hereinafter's tyled _IICountyll, 1 .!:!. 1. T !!'!j; ~~ 1!l ! li: 'THAT, Railroad, a corporation organized and existing under and by virtue of the laws of the state of Texas"for and in con- -.. , sideration of. the sum of One and-no/lOO Dollar ($:1..00-), and other . ~ "'-176 ClO ~ "=1 ~ . -considerations to it in hand paid by the County, the receipt of which is hereby acknowledged, and under the terms and oonditions hereinafter se.t forth, has this day Granted, Sold and Conveyed, and ,by these presents does Grant, Sell and Convey unto the pOlmty a right of way or easement for_ street purposEls, in. particular for I . .' Warehouse Road, upon and across-the property of Railroad in the M. Sanchez Survey, near' Port Lavaca,Cal-hou.n County,- Texas, more particularly described as follows, to-wit;; , A tract of land sixty feet (bOI) wide by one hundred feet (lOO') long, being thirty feet (30') I wide on each ,side of the center line of Warehouse Road, extending from -the south line to the north line :to the north~ine of Railroads property, which center , line i-ntersects the center line of Railroad's track at X'_ right angles at Engineers Stateion 64176.2. Railroad will install crossing between the ends of the ties. < . in the track at its expense. - I The County wiN. reimburse Railroad for the cost of" rearrang~ ing :We'stern Union Telegraph Company's wire :t'Lnes, 'and -instal'ling crossing .and whistle' signs which cost is estimated to te One Hundred Twelve Dollars (h22.00). It being understood that the County will pay the actual cost regardles's or it being more or less than the estimated cost. I .The County will, at its ewense,p erform grading, furnish and install a~equate drainage structure~ and. surfacing, for said Street-,:1J.p to the ends of the. ties in Railroad's track, upon, and across said tract of land. . . : : , , , .- NO,legal right whi.ch the Railroad .now has to maintain-_and ope rate it s-exi st ing- -track-and- appu-rtenanc e s.,- .or-'to-c,ons tru ct , . maintain and operatec1an additional track or tl'acks and appurten- _ . _ _-'" _~ . ~ __ _ _ . _ _ _ _ _..0.--- _ '. I In the event the said ~~reet shall be v~cate~, closed 01'_ abondoned upon amd_ acrosll said tri"ct of; land,_ ,~_his. ~asement. shall revert to and,--revest in' Railroad its successors or a;3sigm ,.- with- -t .,'" --~ - -. .. t .. ~ . out further act or deed by the Railroad. This easement is grant- ~- - - - - - - -- - -- ed without any warranty whatsoever.with.er exprr~psed or implied. IN TEST]~ONY WRER~OF't THE partiesj::ter.eto have e_xecuted this. agreeme!lt ~i!ldupltcat.~} pn thiJ3 t_h~-'20th,day of ~uly, A. D. 1955. -')~j:'':' I . ... r"" "'III 177 . seal TEXAS AND NEW ORLEANS RAILROAD COMPANY BY Is/B. F. BIAGGINI. JR. Executive Vice President ATTEST: I (, ' !si J. F. Elliot COUNTY OF CALHOUN seal ATTEST: By/SV Howard G..Hartzog County Judge . . 1 /sl Maurice G. Wood County Clerk ~ I' ~ RECOMMENDED: APPROVED AS TO FORM:: Isl J. J. Trisores General Manager Is/ Jim Bea Suhuaous .Shephead General Couns~l _ . I~ L. A. Hoggins". C 'ef Engineer . THE STATE OF TEXAS I I COUNT OF HARRIS I , t BEFORE ME, M. L. BUSH, a Not~ry Public in and Harris County, Texas, on this daY. personally appeared B. F. Biaggini, Jr. Assistant To Executive Vice President, or the Texas and New Orleans Railroad Company, known to me to be the person whose name is subscribed to the foregoing instrument, and I acknowledged to me that he executed t he same in the c apaci ty and for the purposes and considerations t herein stated, and as the act and deed of the Texas and New Orleans Railroad Company. A. D. 1955. seal GIVEN under my hand and seal of toffice this the 20th day of JUly, M.L. Bust Notary Public, in and for Is/ M. L. Bush Harris County, Texas NOTARY PUBLIC, Harris County, Texas . THE STATE OF TEXAS I , I I COUNTY OF CALHOUN BEFORE ME, .Melody--Fi-sher-,- -a-Notary-Public:,. in and-for 'Calhoun County, Texas, on this day personally appeared Howard G. Hartzog, County Judge of Calhoun County, known to me.to'be the .person'whosename .is subscribed to I , the foregoing instrument, and acknowledged to me that he executed the same in the capacity and for the purposes and considerations therein stated, and as the act and deed of Calhoun County. GIVEN under my hand and seal of office this the 11th day of August, A. D. 1955. I (seal) Isl Melody Fisher Notary PUblic, Calhoun County, Texas. On this the 11th day of August, 1955, at a Regular Term of the Commissioners Court of Calhoun County, the above contract was executed and filed, the following letter was attached.as a condition thereof. . ~ ...j rI78 I oo"""lll ~ ~ eo ~ . -_AUgust 11, 1955 : - .. .. - - - - - - '-. . - . .ii. _ _.. __ _ * _ 'Mr. J. E. .Westerly , . T~& N-b-Railroad_Co:- Victoria Division Victoria, Texas Mr. B. F. Biaggini, Jr. Executive Vice President T & N 0 Railroad Co. I : . Mr. Ben Simms Vice President S. P.Lines Houston, -.Texas'::- . , - -,-.' , Gentlemen; Enclosed is the executed copy of the contract with Calhoun County as to t he Railroad Crossing a t the termim;ts of' the George Street crossing, Port Lavaca, Calhoun County, Texas~ It does . not f'ollow the\wordingof the original letter of agreement in the provision of paragrapy Four, in tb.!j.tit provid~s t hat the County shall pay any amount in the excess of the ~riginally agreed figure of .One ,Hundred and twelve Dollars ($ll2.00), per'7-' haps a change inserted by your a b1e general counsel, Jim Shepperd and then for our' minutes do not. reflect that authbriz;ation but _ _:_ Imowing your Cornpany I f'eel sure that it will b e worked out. . . , - . . May I take this opportunity to a gain express the apprecia- -tion or. Calhoun' Cotinty and our Navigation District-a for the. support and cooperation you are extending on bur deep water project. . It is like wise ,our desire to cooperate with your Company in any way we may be able. I .. We desire to congratulate you on the selection of your .new Executive Vice President. Yours very truly, , , HGH/mf /s/ Howard G. Hartzog Howard G. Hartzog, County Judge ~ - Calhoun County, Texas. '. . --------- - --:--t-....-v.---- -----:-...-----:..-:-''''-----'''': - ;---- ':. _Complis,sion_ers C.our,t_ adjourned~ .. ---- - - - - - - - -- --.'; -- - ---.- - - - --....- - ---~": - -- - --- --- -- , - , t . { ~ - . ,- I . c . l ~ ~ . I I . I . I I . -~ 119 """Il SPECIAL TERM AUGUST 30,1955.. THE STATE OF TEXAS I I I . COUNTY OF CALHOUN BE IT REMEMBERED, that on this the 30th day or August 1955, there was begun and holden at the Courthouse in the City of Port Lavace, said - -'- County and State a Special Term or the Commissioners' Court within and ror said County and State, same being the SpeCial August Term 1955, and there was present on this date the fOllOWing orficers of the Court, To-wit;; HOWARD G. HARTZOG, County Judge, MAURICE G. WOOD, COUnty Clerk, FRANK E. WEDIG, Commissioner Pro 1, ERNEST E. RADTKE, Commissioner : Pro 3 R. F. KEMPER, Commissioner Pro 2, CLARENCE BARTON, Commissioner Pro 4 WHEREUPON the following orders were made and entered by said Court to-wit: - - - - - - - - - - - - - - - - -- - BUDGET HEARING At special term of the Commissioners' Court in and for Calhoun County, Texas, held in the regular meeting place of said Court in the County Courthouse in the City of Port Lavaca at 2:00 P.M. on the 30th day of August, 1955, with County Judge .Hartzog, presiding a nd Commissioners Wedig, Kemper, Radtke and Barton present and the County Clerk and the Special County Auditor in attendance, there having come on for hearing the. public hearing on the County Budget for the calendar year 1956, and, it appearing to the Court that notice -of said public hearing had been pUblished in a newspaper of countywide circulation as required by law, and it appearing to the Court uhat all who desired to be heard on said County Budget had been given full opportunity to express themselves on same, it was moved by Commissioner Barton that the -budget for Calhoun County, Texas, for the c~lendar year 1956 as .prepared by the County . Judge and the Special County Auditor and as presented to the Court and those in attendance at the pUblic budget hearing be, and the same is hereby, adopted as the budget for Calhoun County, Texas, for t~e cal- endar year January 1st through December 31st, 1956. Motion seconded by Commissioner Kemper. Question. Commi.ssioner 'Wedig voted Aye. Commissioner Kemper voted Aye. . Commissioner Radtke voted Aye. Commissioner Barton v~ted Aye. ~: ::.: Motion carried. ...'\.~ ..: ~.,. - It is so ordered. C~(~~~~9 ~ County, Texas. '/ .,~ !' ,...., ~ '~"1 ?,. " / ,.- ~ = .... "'180 00'" -.. t"~'" ~ to ~ . I SHERIFFS OFFICE RADIOS On this the 30th, day of August, 1955, at a Special Term of the Commissioners Court of Calhoun County, Texas, with all members of the . . .. - ~ ~ - . - ~.. . .. - - - -. . - - - ." Court being pre~e,~t_;__t_l1;e~e_ came on ~o be considered the reque,st .0,1', "____ I . - -- . ----- CW:erDeput'y' 'Sneriff 'Oscar Cavallin, tha't' a'-a 'alte'rnate~ be installed in , car 403 at a cost of One hundred thirty dollars and th~rteen cents ($130.13) Motion made by Clarence Barton seconded by Ernest Radtke and unanim- ously carhed. CONSTABLE OF PRECINCT No.5; . . ~. On this the 30th day of August, 1955. at a special term of the I , ~ - - Commissioners Court of Calhoun County, Texas, with all members of the . ~ - ~ .... - - 'Court being present, there came before the Commissioners Court two letters by Constable Grady Maione of Precinct-No.5. addressed to the County Judge as f~l:j.ows: Port O'Conner August 22;1955 . JUdge Hartzog Dear Sir- Wish you would pleaseescept -my. r-esigriati-on f,or the job as Constable of Prec~nct 5 Port O'Conner, Calhoun County-Texas. Affective Sept..l.st 1955 . Reason= No fUnds allowed for expense' of operation 01' car-on-or-for--- patrol.or any. other expense that was due ,pi3rtaining ,to job:- also no co- operation from Sheriffs Dept - or County Courts. ~ . : /S/ Gra~y Malone . .~, ,Constable. Port O'Conner Texas I QC to Clarence Barton,(Co~ssioner). t , Judge Hartzog, Dear JUdge Will you please ignore the letter, which I .wrote ,you several days ago in- , dicating my desire to resign as constable of precinct five at the t~ and underdthe stress of to many problems. Lcould not see my way: clear to do,' otherwise- However.' many, 01' the c tizens of. this are.ahave come tome and request'ed me not to file my resignation with the Commissioners Court. they feel that my se.l~'vices are needed. ' ' . , . If the Salary Fund is going into, the red at the rate of #20,000 per year.~ I can well see and~understand why the Courtsconnot gr.ant me an ' added expense allowance with out gr.anting the sarne to the four (4) other constables ,of the. County!",: , I must and do inform all~the citizens that I will be forced to spend more time, a t my' p,ersonal work. and will have. to .elemanate: a greatde,al.of may patrol service.'but will always try to be available when called. Yours truly c Is/ Grady Malone- Constable ^ ~ Port O'Conner ~ex Aug - 29-1955 ~ . , t Copy to Clarence Bar.ton= COmmissioner-, ,_ ~ , I On motion duly made. sec~on.ded and unanimously adopted, it was ordered.:. that as the first letter was n,o,t addressee! to t he Cproroj:ssioners ,court that no resignation had been properly filed in the light of the s.ecoi1d letter requesti,ng t hat, the; first .pe i'gnored, and. ~i;he .Cour,t !i'as: not authorized to take an;y' action~ ~=. I " Ii.... h , - -- a __~~_ 2~~~ ~ . d '~~"~~ __ "'.~ ~~ . - ~~ "'.<;. '-y./' ~ ~S _ as "h-~, . ~~ ":?.,. } e '-0i~ -- q -- -, -,'{ ??'p ~VS- . ,-' IS 'd "" ~ ~ ~ ~ .' . G. ~ . ^, , l - r- 181 """"Il . TAX ASSESSOR COLLECTORS OFFICE HELP On this the 30th day of Au~st, 1955, at a Special Term of the ~ I . . . Commissioners Court of Calhoun County, Texas, w i ti?- all members of the Court being present, on motion made by Frank Wadig secondediby Frank . t . Kemper and unanimously carried, six doll~rs ($6.00).per day was authorized to the Tas Assessor Collectors Office . for extra' office help in compiling the tax rolls, effective September lst,'1955. FIRE TRUCK BIDS . . I On thi~ the 30th day of August, 1955, at a Special Term of the Commissioners Court all Fire Truck Bids were opened and read in open Court, as follows: , . . John Bean Division, Lansing 4, Michigan Unit Bid No. II, Proposal No. 1 1 - HPF-65C-Bff Jon Bean High Pressure Fog Fire .mounted on chasis furnished by customer. Unit Bid No. II, Proposal No.2' 1"; HPV-750-BFF John Bean Corobination7S0 GPM Class "All Underwriters approved Volume Pumper and High Pressure Fog FireFighter mounted on chassis furnished by' customer. $12,922.08 " " , Fighter $ 7,896.65 . I . , Unit Bid No. II, Proposal No. 3 1 - VOL-5oo-BFF John Bean 500 GPM voil:ilme,Class B pumper ' ~ mounted on chasis furnished by customer. .. .. $10,388.53 Unit Bid No. II, Proposal No.4 1 - VOL-5oo-BFF John Bean 500 GPM volume Class B Pumper mounted on chasis furnished by customer. - . . . $ 9,994~78 TOTAL of BIDS ~4l,202.04 . $500~oo 646 ;10 . 394;83 ;5l9~43 $2~ Four Good Faith Checks accompained bids. . TOTAL One The G~neral Fire Truck Company, Detroit, Michigan. (1) General Tanker - 750 Gallon capacity per specifications attached adaptable f'or mounting on imy 'Suitable chassis of' . sufficient horsepower and wheelbase. . - PRICE:$ 6,870.46 , -- ..... - - ~ Same as'above mounted on Chrvrolet #6503 Chassis and Cab, 145 H.P. l7211 W.B., 825 X 20, 10 Ply tires, rilud& snow grip refr.- Prices $ 9,107.86 Good Faiih Check, $ 495.39 (1) Four Star General Model 75-c equipment wi th 750 G.P.M.: Series Parallel Waterous TWo Stage Centrifugal Fire Pump; with Triple Combination Accessories per specifications attached, adaptable l' or mounting on any chassis of suffi- ' cient horsepower and wheelbase. PRICE: $11,283.71 . .. I One I Same Cab, snow as above'mounted'onR-185 International Chassis 212 H.P.,175" W.B., 900 X 20, 10 ply tires mud grip rear. Price: & and $15,030.46.. -:::;r Good Faith Check, $ 791.52" , . Il.... ..oil r- 182 ~~ 00 I . ~ I t.:t, ~~L '. . ~ \ One (1) Two Star General Mod~l 90-C'equipkent with 500 G.P.M. Series Paralles Waterous l'wo~Stage Centrifugal Fire Pump with Triple Combination Accessories per specifications attached, adaptable for mounting on' any sui table chass~:s of .. , .. sufficient horsepower and wheelbase. Price: $ 9,107.66 Same as above mounted on' chevroiet #6503 Chass'is & Cab, ~ 172" W.B.., 145, 825 X 20, 10 ply tires, mud grip rear. Price$11,J45A6 Good Faith phe ck, ,$ 607.2.5 " One (1) Two Star General Model 90-C equipment with 500 G.P.M. Series Parallel Waterous Two Stage'Centrifugal Fire PUmp with Triple Combinati9ii Accesso:i'ies per spel~ifications ~ attached, ad'aptable ~ for' mcitintingonany su11;able chassis of sufficient horsepower and .wheelbase. Price: '. Same as above mounted on Chevrolet' #6503, 172" W.B.., 145: H.P. Motor, 825 X 20, 10 Ply tires. Price: '1 $ 8,762.66 . " .. $11,000.06 Good Fai th Check, $ 590.00 Total bids Unit I without chassis Tot!!:!; bids Unit II wi th chassis Total Good Fa! th Checks (4) . . ~ - '$ 36,024.49 $ 46,483.44 . $ 2,484.16 . Simms Fire Eqg1:pment Company, San Antonio, T'3xas. Delivery about 120. days. Bid No.1. One class A 750 G.P .M. CombinatiOn' Pumper . and Booster Truck mounted on 212 H.P. Int. Harv., chassis to furnished by,V:endor. . according 'to specifications attached. Price: $16,675.00 Bid No; "2 .. -One each Class B 500 G.P.l1. CombinatIoIi' Pumper mounted on 155 H.P. V;;.8 GMC, .Chassis,to be f . ." , ~ vendor as per specifications attached. ~ . &'Bcioster Truck ft~nishedby Price: $13,064.00 I Bid No. 3 One each Class B 500G~P.M. Combination Pumper &'Booster Truck mounted on 155 H.P. v-8 GMC'. chassis' to be furnished 'qy vendor as 'per specificatfons 'attached. Price: $12,626.50 Bid No.4" , . .. .. .. '. One each Standard High' Pressure Truck with 750. gallon tank.. .. mounted on 155 H.P. V>;;~8 GMC chassis to be furnished by Vendor . as per specifications ~tt~ched. Price: $10,333.16 "1'l' ' :.lI. .' t Total bids Unit II with chass,is $52,698.66 . _0 ' _ _~-=- '=-- Four Good Faith Checks. $834~Oo 654~00 632~00 . : . ~l rOO " Total Good F~irth Check(2, 3 :00 J ~ .... i .". Howe Fire Apparatus Co., Anderson, Indiana, Delivery within 50-60 days~ 10 ~ " CONDENSED BID) . , . ,. I'.,. . . Bid 1 Model HRT Tanker~, in accord for mounting.on'cha~Bis ." ," Same as abov~.mounted on For~ F-750 6ha~sis. with' specifications eqUipment only to be~. furnis~ed by calhoun County. '$ $ 6,100.00 9,350.00 i,"." l;. Model HR~73 approved for 750 GPM ciass A Test in accord with specifications eqUipment only: for .mounting_on ~rour chassis $10,966.00 +' - ~ . ~ ~ Bid 2 Chassis Bids . ... Model R-164 International' chassis, standard cab..... $ 2,600.00 .. "." ../-~.. .'- ~.~ " '. '. Alternate Chassis Bid for 750 GPM Class A Unit~-Ford F-800'chassls],400.00 . . .1: , . Alternate Chassis Bid for HRT Tanker, Ford F-600 chassiss 2,386.47 ....... . ~ j ~ .~ 183 .' ~ 1 Bid Shlilet No. 3 ' . -- Model HR-72, 750 GPM, equipment only ror mounting on your 'chassis..$lO,650.00 Model RR-72, 750 GPM, equipment only for mounting on your chassis; $11,7qO.00 I- . Bid Shee~ No~ 4 Chassis for mounting any of the 750 GPM Class .A units as follo~sl al Model R-1856 Internationjchassis Model HRS-2,equipmentonly for mounting on your 'chassis. .' Same as above mounted on Ford F-750 Chassis. Bid Sheet Nb. 5 Model HRS-2, equipment only fo~ mounting on your chassis Same as above mounted on-1'ord- F-7,50- chassis. - - - - - - - - One Good Faith Check in the Amount 01'.$.2,465.00. $ 4,034~00 9,100.00 12,3.50.00 $ 8,700.00 $11,950.00 No attempt to give totals as there are more than the four required bids. . The III One Seagrave Corporation, Columbus, Ohio. Delivery 120 to 140 days. (1) 500 gallon pumping engine equipment per specifications attached hereto, no chassis With GMC Chassis Mod. 414-155 With International Chassis Rl86 150 H.P. Good faith check. $ 700.00. Jill One (1) 500 Gallon PUmping Engine Equipment, as per specifications attached hereto. No chassis ' With GMC Chassis Mod. 4l4~155 H.P. With International Chassis R186 150 H.P. I Good Faith Check. $ 750.00 C One (1) 750 Gallon Booster Truck'with 750 'gallon tank, No chassis With GMC chassis, Model 4l4~ 155 H.P. With International Chassis,rt186, 150 H.P. G (.'0(t Good Faith Check. $ 650.00. 110,601.00 3,046.00 2,975.00 $10,946~00 3,046~00 2,975.00 $ 9;488.75 3,046.00 2,975.00 . D One (1) Model 500-B Standard Sea~rave pumping engine-750 gallon cap$2l,779.00 Net Good Faith Check $1,100.00~ .'" . d' . D EqUipment ror 750 gallon pumping engine as per specifications With International Chassis Mod. R-1856 212 H.P. With GMC Chassis Mod. 630-50v 225 H.P. with chassis No total on bids/as each bid has alternate chassis. . Total 61' Bids without chassis. Total Good Faith Checks. $3,200.00 LOCAL BIDS ON CHASSIS ONLY. I One One Terry Bunch Motors. . 1955 Ford F-800 Cab &: Chassis; 175" W.B.; .170 H.P. \,':.1; l 1955 Ford F-600 Cab &: Chassis, 172" W. B., 140 H. P.' " This bid on single unit, three units'" ., $7,556.91 1955 Ford F-750 Cab & Chassis, 175" W.B.,152 H. P. . This bid on single unit, three units $9,707.64 < One . Two (2) good faith checks. Total $ 173~80 t~~~fg $ . I Larson and Brewster International International International R 182 - R 1856 R 164 172" w~ B. 175" w~ B~ 175" W. B. . Three (3) Good Faith Checks. $.166~15 193~46::' i~. 378.75 . TotaJ. l 73tJ.301 i $12;144.00 3,571~G9' 5,05?..00J ,n" $42,879.7$ $ 3:.475~90 2,518.97 3,235.88 \" $ 3,323.16 3,869~37 2,525.04 - ! .... ""-184 ... ... 00" ~ ~ ~ ~~- . J . 4. J., Marshall Chev. Co. " 'I' t The following bid is submitted for your consideration o~ three 2nd - 'series 1955 Chevrolet trucks model 6503 17,~1I W.B. $3,683.71 each , , , Good Faith 'Check (1) $ 333.69 ,On motion duly made and seconded the County Auditor was instructed to ;) '"' t. tabul~te the bids and report to the Court as soon as possible so that final , I~ action can be takeli/.. ~- 01..; , r' ..... ~ " - , - - - - - - - - - - -: -. - -- - - - - - Cour1;; Adjouz:ned., t .. . i i , c c . :;., ~ , . , ~ - - < - . t,. ~ , , . -. . . , , . ~ . --':-...-~- -y. ... - - - . ~ . REGULAR TERM HELD SEPTEMBER 12 & 13, 1955 (,.'-') I THE STATE OF TEXAS I I COUNTY OF CAlliOUN I " BE IT REMEMBER, that on this the 12th day of September, 1955, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and state a Regular Term of the Commissioners' Court within and for _said ,County_ and State, same being the Regular September Term 1955, and there were present I. on this date the following officers of the Court, to-wit:. Howard G. Hartzog, County Judge Maurice G. Wood, Cou~nty Clerk Frank E. We~g, Commissioner Pro 1 Ernest H.Radtke, Commissioner Pro 3 R. F. Kemper, Commissioner Pro 2 Clarence Barton, Commissioner Pro 4 , WHEREUPON the following orders were made and entered by said Court ,to,.wi t: . - - - - - - - - - - - - - -. - COUNTY TREASURERS REPORT FOR AUGUST APPROVED On this the J2th day of Sept.., 1955, at a regular session of the Commissioners Court of Calhoun County, with all members being present, I Miss Mary Stephens, County Treasurer presented her report for themonth of July, and it having been read in open Cour,t,;and the Court haVing duly considered the same together with the exhibits accompanying same, and having the balances compared in the various accoun s and finding said report to be correct, on motion duly made, seconded and unaminously carried ~he County Treasurers report of Au~st, 1955, be and the same is hereby approved. CEMETERY ASSOCIATION LOTS On this the 12th day of September, 1955, at a'regular session of the Commissioners -Court of Calhoun County, Texas, with all members of the Court . being present; whereas there was called to the attention of the Court, that lots 4,5,6,8 and 9, block 65 of the City of Port Lavaca, are within the area required by the Port Lavaca Cemetery Association, and by our former minutes the Court has agreed to convey legal title to such lots to the Cemetery Association for public use therefore on motion made by Frank Wedig, seconded by C}arence Barton, and unaminously carried, as' soon as the tax collector determines the amount of taxes due under the recent advertized I tax sale, that. the County Treasurer~e instructed to pay the amount of such,taxes out of the General Fund~ and the same having been duly sold at the tax sale to the Cemetery Association, September 6th, 1955, that' I Ross Terry as Commissioner heretofore appointed; execute a deed to lots 4,5,6,8, and 9, to the Port Lavaca Cemetery Association. LOT I, BLOCK p. CITY OF SEADRIFT On this the 12th ,day of September, 19~5, at a regular term' of-the Commissioners Court of Calhoun County; Texas, with all member of. the Court ~ being present, on motion made by Clarence Barton, seconded by Frank Kemper, . ,. ~ 185 ,.., ~ - , ... - .... ,... 186 '~ ~ ~ ------ ----. - ~- -- --- . - . . . - -- - - - - . . .._--- --------- .....-------- - --- - - - - - - ___:-__t,_~~_ __ - - - - - .- - - -- - -~ - it i's 'ordered that. 'sinc'e the Court' ha"s" ner'e't"oTore so I'd' -one--liB:1f '01' saTaTot- to the city of Seadrift, and retained title to the other one half that the , 1955 TAX LEVY THE STATE OF TEXAS I 1 COUNTY OF CALHOUN I: Pot the regular ?eptemper TerJ!l of the~Commissioner~ Court ip and for , 9a)..houp. Co:unty, Tex~s, held. in the regul!lr meeting place ?f said, Court in the,County Courthous~ ip the City of Port . 1955, with County Judge .tlartzog presiding Lavaca on the 12th day of September. '. - - .. -... and Commissioners W,edig, Kemper, Radtke and Barton present., .and .the .County_ C.le.rk. in .attendance, there having come on for hearing the matter of levYing and assessing the ad valorem tax ---- -... .--.-' - .-_.*. .-.--..--. for Calhoun County, Texas, in connection w~;tA tJie 1955 taxr',?ll, and,. it ap- pearing, ,to the Court that the County B,\dget for Calhoun County, Texas, for ; ~ the calendar year 1956 was officially of held on the 30th day of. :7"!.&uguSt~:'1 adop~ed bythi,s Court at a, term there- 1955~ it was moved by Commissioner . . _:'. ._ , . t Barton that the following rayes of tax b e,and t h!ly are hereby, levied t '. . . '. -'. . - as,sessed on each One Hundred Dollars ($100.00) of taxable property in and Calhoun County, Texas, as same appears on the 1955 tax r,oll, these tax rates ?avi~. ~ been iqcluded in the 1956 County Budget hel~tofor~ adopted by this Court: Jury Fund - Class One J Road and Bridge Fund - Class Two , $ -0- General Fund - Class Three , .15 .25 .05 " Pe,rmanent Improvement Fund ~ Class Four ~oa~ and Bridge ~p~cial Fund Road and Bridge Re,allocated Tax ~ Hospit~l I~terest ~d Sinking Road and Bridge Ti~e Warrants I and S Fire Equip. Wts. I & S , , if.. TOTAL COUN~~IDE TAX RATE Poll Tax '/:',' Occupation, Beer, Beer and Wine and Package " at one~half ,(t) tqe license asse~sed andcharg~~ ~y th~ Sta~e of Texas, an~ J- the following rate of tax be~ and ,the same, is hereby, levied and assessed ' against each One Hundred Dollars ($100.00). on the State valuations on the . ) _ _.' _ ' _ . "" - { t ~ t t. 1955 taxlroll for the Lateral Road Fund: _ . _ .d;--.- and the following rates of tax be, and.they are hereby, levied and assessed t_......-~ ~. against each,One Hundred Dollar~ ($lOO~OO) of taxable property in each of t'-- 00-' ~1.1 ~ l'XI N I . I I . I . I . ~ r- """Il 187' . J ~. the Road Districts as the same appears on'the 1955 hx roll: Road District No. J: -- - - - - - . - - - . ~ - - . 1 Maintenance t , Precinct No. 1 t Precinct No. 4 Maintenance -~ --$' --.20"" ~15 .15 .-- and the following rates of tax be, and they are hereby, levied and assessed against each One Huridred Dollars ($lQO.OO) or taxable property in each of the 1 t school districts as same appears on the 1955 tax roll: School District Rate of Tax . . and the following rates of tax be, and,they are. hereby, levied and,assessed against each One,.Hundred Dollars ($100.00) of taxable property in. each of the . Drainage Districts as same appears on the 1955 Calhoun cp~ty Navigation District tax roll: '. "" ~'(' .05 . DRA'INAGE DISTRICT- No.6 sinking,. No. 6 maintenance RATE OF TAX l..~$ "O~5.o .16 .50 ~ 1.50 No~ ~ 7": No. 8 'I No-;-..10 , . Motion ':seconded by' Cormidssioner Kefuper. Question. Commissioner ~edig, voted Aye. , ,~.Commissioner Kemper, voted Aye. Commissioner Radtke, v oted Aye. / , . Commissioner Barton, voted Aye. Motion carried. It is so ordered. t , C~ty JU~~ Calhoun County, Texas I. ATTEST: -- 4: 0 ~//4/.A 4l ty Cle~ an ~fiC~ 1erk mf the Commissioners ' Courf, Calhoun County, Texas. ,- ~'--"-------, 1 ; . 10.. """".... 188 00 ,.,... ..-. ~ """'4 t:c l'..1 . RURAL FIRE EQUIPIVJENT BID TABULATION AND ACCEPTANCE .. .. I On this the 12th day of September, 1955, at a regular term of the . Commissioners Court of Calhoun County, Texas, with all members of the Court being present, the tabulation by the County Auditor of the Bids for chassis ~ 't ~ - and fire equipment, submitted thi-r1;p. day:. of August, 1955, was duly pre~e~ted ~ _ _ J .. <eo.. ....... ~ j. ._ to the Fire Chiefs a~d representative~ of Port Lavaca, Port O'Conner, Seadrift . . , ! I and Point Comfort, and after reconsideration the committees recommendations were as follows: 1 Point Comfort . Ford Chassis . .' Howe Bed & Equipment ~ Less hose 2 Port O'Conner . Chev. Chassis John Bean Bed and Equipment 3 Seadrift. ,. . Chev. Chassis Howe Bed and Equipment . 4 Port LavQca . Internationas Chassis John Bean Bed and Equipment . .- The report of the cororoittee was accepted and on motion made by Frank . . ,. . . '-1 Wedig, seconded by Frank Kemper, the bid of Larson-Brewster ($3,869.37) to l supply the chassis for the Port Lavaca unit was accepted as the lowest and best bid, and ordered paid on delivery to John Bean Division in Lansing, . . Michigan, and the bid of John Bean to supply the bed and eqUipment for the . -, -.. "" Port La~aca unit was ordered accepted in the amount of Twelve Thousand, . ' Nine Hundred-twenty-t~o-dollars and eight cents ($12,922.08) and was ordered paid on delivery-and the 'County Judge authorized to execute the contract with The John Bean Division. ',,;, 'I On motion made by Clarence Barton, seconded-by-F'rank-Kemper- i;he-b id-:of-:- . - . Marshall Chevrolet Co. in the amount of Two Thousand two hundred twenty-three ~- t" t.;:/~ dollars and fifty cents ($2,223.50) to SUPRly: Jiwo. truck chassis for the . ~~_~ --=7"" . Seadrift and Port O'Conner units Nos. 2 and 3 above, was ordered accepted. for delivery as follows, ~chassis The Seadrift truck/to te deliv:.ered~t'6- 'Howe . . --~-. ... .'"'- 1 Fire Apparatus at Anderson, Indiana and the Port O'Conner truck chassis..,to be delivered to John Bean . \ at Lansing, Michigan. - . ." ..... ~ 189 '"""Il . I I And that the bid of the Howe Fire Apparatus Company of Anderson, Ind. in the amount of Eight Thousand Seven Hundred Dollars :($8,'700.00) less Two Hundred eighteen dollars ($218.00) hose deduction, was accepted as the best bid to construct the bed and fire equipment of the Seadrift truck. No. 3 above. And that the bid of the John Bean Division of Lansing, Michigan, in the - . , amount of Seven Thousand Eight Hundred ninty-six dollars and sixty-five cents ($7,896.65) was accepted as the best bid for the fed and fire equipment for I the Port O'Conner truck, no. 2oabove. On motion made by Ernest Radtke, seconded by Clarence Barton the bid of the Terry Bunch Ford Motor Company was accepted as the best bid Three , dollars . Thousand two hundred thirty-five/and eighty-eight. cents ($3.235.88) for the Point Comfort Unit for delivery to the Howe Fire Apparatus Company of , . Anderson. Indiania. . Amd that the bid of Howe Fire Apparatus Company was accepted in the amount of Nine Thousand Dollars ($9,000.00)) as the best bid for the bed , and equipment for the Point Comfort truck, bid no. 1. above. It was ordered that the bidders good faith checks of all unsuccessful bidders be returned and the County Judge authorized to execute all contracts as per bids accepted. I RIGHT OF WAY LONG MOTT HIGHWAY #'223~ On this the 13th day of September, 1955, at a regular term of the , ~ ~ Commissioners Court of Calhoun County; exas, with all members of the Court ,. I' being present. on motion made by Ernest Radtke, seconded by Frank Wedig; it was ordered that R. A. Barton Special Attorney and Agent of Calhoun County, be Authorized to offer and pay the sum of One Hundred Dollars ($100.00) per acre for the purchase of Right of Way for State Highway No. 2235. RIGHT OF WAY PURCHASE HIGHWAY # 35 .On this t he 13th day of September. 1955, at a regular term of the COmmissioners Court of Calhoun County, Texas, with all members ofothe Court bein@ present. o~'motion made by ~laren;e Barton, seconded by Frank Kemper, the court duly authorized R. A. Barton, Special Attorney and,Agent of the Court to offer and pay the sum of Five Hundred Dollars ($500.00) per acre. . for t he purchase or the right of way.f'or the State Highway Express No. 35. EXPRESS WAY RIGHT OF WAY --J. W. NEWLIN AND J. M NEWLIN, ,ESTATE On this the 13th day of Sep.tember, 1955. at a regular term of the . 1 Commissioners Court of Calhoun County, ~exas. with tall members of the Court be~ng present. J. W. Newlin individually and as independent executor of the J. M. Newlin. Estate, appeared before tae Court and stated that he ffid con- , sidered ,:tre ~request .01'. the County as to an agreement to price per acre and _ for damages. . - . .... .... ""-190 .. . ' . ( Mr. Newlin stated that he realized the necessity of such right of way and the fact that it -'" .. would be in the public interest, that he had offers Five Hundred'Dollars ($2,500.00) per acre and that he I of some Two"Thousand knew thatthe County Court could not offer to pay such a speculative price . and tnat he was willing to deed his land to the County at a reasonable p~ice . . ~ ;. t.. . . ". . in line with the amount per acre that the County will be required to pay for 1 -" --' . - . - .. - other lands "along the right<.'of way, that as that amount has not been deter".. is mined' and cannot be determined until all right cif way/acquired, that he is , . . - "i'- _ -. - .. ....... , " It ,-- ~ --.... ~.... .. ready and willing 'to convey the required easement accross his land and the J. M. Newlin, Estate 'land at ari agreed price of Five Hundred Dollars . ($500~OGl) per acre for land and'houses on his . " taken and special damages for the moving of the buildings .766 acre tract of One Thousand -One Hundred seventeen :.. . .. Dollars ($1,117.00) amrl special damages ~othe J. M. 'Newlin, Estate lamd in the sum of Three'Eundred'twenty~one Dollars '($321.00) provided ttat the . . -.- ~ ". .' '.' ( . Commissioners.Cou~t would .agree; t~t .in_~heevent~ that the average price ~ . paid by the County for land of 'equal value,'is hereaf'ter determined to be - , . '. I On motion made by 9lare~ce ,Barton~ secqnded by Frank.~mper the offer of'J., W. Newlin and J. M. _New~i,n, Estate, wasordered accepted., R. A. Bartol wa,s ,authorized to prepare the proper deeds, .and that up-on .the f'iling of. the p~oper c~~~m th~t th~ ~ount be paid as ,fo~lows: \ J. W. Newlin . -- - . " ......766 acres @ $500.00 per acre Special dsmage to remainder -', $ 383.00 --1;117{00---' .., ,~.-.- :jji 1,500.00 . . - _ (t-~ J. M. 'Newlin, Estate ~ ~ . ,C ....--4.3.58 acres @ $500.00 p'er acre , SpeCial damages to remainder . $ ~,l[9.0,0 321.00 .$ .?,500.00 l 4,000.00 t -'~ And that. the Court agrees to make the agreed adjustment on the. per , . . ~ .- acre payment when t he ,average .value~of!Vequal land has been finally determined. '" . _ c. RIGHT OF WAY WARRAN'rS . .-~~..._~. --.; I -,. - ..- ... . -. On this th_e l3th'day of Sep,temqer" 1955, at a regular, term of the Co.llJ!1lissioners, Court of c:alho;un Cpunty, Texas" with all members 01'_ t he Court, bei~g ppesent, on .motion maqe by Clarence Ba~:ton, SecondeA by F,rank Kemper.,. the _County Tre_asurer and County Clerk and the. County Judge were prdered ,to. approve and deliver to,the First State Band'.;"I,arrants 1;2,3,4,5,6,7,8,9 and,lO, in the amount of Two Thousand Five Hundred Dollars ($2,500.00) e~ch, to be.. I - . ~ ~ ~~ -<'"~. = - '. . l.... ~ " """Il 191 .. I depositeg to the Right of Way Fund to pay for the Right of Way claims approved by the Court, and "..- It is further ordered that in order to. exped!te.prompt_payment to , , 1 owners of land required for right of way claims that may be filed prior to the next meetin~ of, this Court,. tha~ the order sig~e( this day by all the members of the Court authorizing the delivery of the above numbered bond be duplicated by the County Clerk and ten duplicate copies reproduced as signed and a copy to bE1 attached, as each bond is delivered to the First state Bank and the Clerk and Treasurer authorized and instructed to date each warrant and each order on the day delivered to the bank. The order for the issuance of warrants 1 & 2 is as fOllows, for warrants 3 & 4, if required wil1"be a duplicate except for date issued by Treasurer and Clerk, likewise with each issue, and stamped approved by the .County JUdge, on date of delivery of any said warrant; . AN ORDER AUTHORIZING THE DELIVER OF TIME WARRANTS THE STATE OF TEXAS I 1 COUNTY OF CALHOUN I , I The County Commissioners Court of'C&houn'County, Texa~, met in regular session at the County Courthouse at Port Lavaca, Texas, on the 13th day of September, 1955, with the following members present, to-wit: Howard G. Hartzog, County Judge Fr!;ink E. Wedig, Commissi'oner Precinct No. 1 R. F. Kemper,'Commissioner Precinct No.'2 Ernest Radtke, Commissioner Precinct No.3 Clarence Barton, Commissioner No.4 Ma~rice G. Wood,' County Clerk Commissioner Barton introduced an order and moved its adoption. The . Motion ~as 'seconded by Commis.si:oner and it was adopted by the following vote: AYES: Commissioners Wedig, Kemper, Radtke and Barton. NOES: None. The 'order thus adopted follows: . .' 1 WHEREAS,the County Commissioners Court of Calhoun County, Texas, adopted an order on the 8th day of August,1955, authorizing the issuance of One Hundred Fifty Thousand and No/lOO Dollars ($150,000.00) of'Calhoun_County Right of '" Way Warrants of 1955, for the purpose of evidenci~g the indebtedness of the County for the acquisition of Right of Way and for clearing same on state High- way N6; 35 Expressway and Farm to Market Roads within Calhoun County to be designated by the state Highway Department, and, WHEREAS; the l' ollowing claims for . 1 J. W. Newlin -- .766 acres 'and at $500.00 per acre Specia1-'damages. r J. M. Newlin,Estate-- 4.358 ~cres ~t_$500.00 per acre Special d~ages to'remainder , TOTAL 383.00 1',11 7.00 2,179.00 321.00 $4,000.00 - - Have been presented to the County and have been approved by the Commissioners' , . Il.... ..oil "'-192 -- -- l ~ . \ Court and are properly payable .by the issuance and delivery of certain of the time warrants hereinabove described, said 'claims being- as follows,' to-wi t:.. Claim No.. ~ To Whom Payable 'Amount Purpose , 1 9-13-55 J. W" Newlin' $1,500.00 Right~of way Highwe,y 35 2 9-13-55 J. M~ Newlin:, Estate J. W. Newlin, Endp. Ex.' " $2,500.00-Right of way Highway 35 I WHEREAS. the above listed claims have, for value received, been duly, and I , legaly assignedand transferred to the First state Bank, Port Lavaca, Texas. NOW, THEREFORE, BE IT ORDERED, ADJUDGED, AND DECREED,BY THE COUNTY COMMISSIONERS COURT .OF CALHOUN COUNTY, . TEXAS: .'~ THAT for the pur~ose of evidencing the County's indebtedness for such , ' right of way and for clearing same,on State Highway No. 35 Expressway and Farm , to Market Roa~s within Calhoun County as designated by the State Highway Depar.1i- . , ment represented by said claims, there shall.ee executed and delivered to the .. '- ~~. ", First state Bank of Port Lav~ca. Texas, Right of Way Warrants of 1955 Nos. 1 through,2, both inclusive. aggregating Five Thousand and NoJlOO Dollars ($5,000.00); . _Adopted this 13th day of september, 1955. .rto.:: I : , , ,- ~ . ' 1 '- ~- . ,'~~ :, -co ssioner J~~r~'re~~ . , ~ , : ~.~t- ~ ~ ~~;~~r,precinct'No. 4' . ATTEST: ' , , , -' , 1 ~ APPROVED-IN OPEN COURT~ ~.c :,. J this 13th day of Sept.,1955 Right of Way Fund ~.' ':. , , Pcresiding_Officer, Commissioner.s Court, Calhoun County, Texasv' ,,~/' TAX'ASSESSOR~COLLEGTORSREPORT APPROVED FOR AUGUST -' I .. t . . On'.this the 13th day':or septeinperr"1955, at .9. .regular term of the' 0 , Commissioners Court of Calhoun County, Texas. with all members of the Court " , , . .... r- ""III 193' . being present, Mrs. C. J.l . Guidry, Deputy, presented her report for the month " I of August, and it having been read in open Court, and the Court having dulw. considered the same together with the exhibits accompanying same, and having - the balances compared in the various accounts and finds that said reportis__ correct, on motion duly made, seconded and unaroinously carried, the Tax- Assessor-Collectors report for the month of August, 1955, be and is hereby I approved. , MINUTES AND ADJOURNMENT. On this the 13th day of September, 1955, at a regular term of the Commissioners Court of Calhoun County, Texas, with all members being present, the minutes 'i'rom t he previous meeting were read and approved as read. ' , . Commissioners Court adjourned. ------ . '- - - - - - - - - - -- , I , , . ""~ . , 1 , I . ..... ..,j r-194 00"" ~ l>""'....~ "-=i t:N N -- ~ . ~ i , i , , ' " , REGULAR TERM : HELD- OCTOBER 10,1955 I THE S'tATE OF TEXAS I . I , .. . COUNTY. OF CALHOUN I , BE IT REMEMBERED, that on this the 10th day of October 1955, there was. . . . . . . begun and holden at the Courthouse in the City of Port. Lavaca, said County ., .. - . -,-- for said C 1 . . . . . .. .. and state a ~egular. TElrm of the C,ommiss,i_oners Court within and County and State., samE' being the Regular October Term 1955, and there .were , . ' ..-. - -.::: ;. . - ~ - .-.... _. '"' present on this date the following officers of the Court, to-wit: , HOWARD G. HARTZOG, County JUdge, MAURICE G.' WOOD, County Clerk, FRANK E. WEDIG, Commissioner Pro 1, ERNEST. H. RADTKE, Commissioner Pro 3 . . . R. F. KEMP!ill" gO!!lIl!.is_si_oI!.et: tr~ ~, _ _C~I!.E:t!CE_ ~AI!.TON, Commissioner Pro 4 WHEREUPON the following orders were made and entered hy said Court to-wi ti;: . ----------------------------- TREASURERS REPORT FOR SEPTEMBER APPROVED .. On this the lOth day of October, 1955, at a regular term of the Commissioners Court of Calhoun County, Texas, with all members of the Court being present, Miss Mary Stephens, County Treasurer presented her report for .. the month of September, and it having been read in, open Court, and the Court having duly considered the same together with the exhibits accompanying same, 1 ~ and having the balances compared in the various accounts and finding said report to be correct, on motion duly made, seconded and unaminously carried the County Treasurers report of September, 1955" be and the same is hereby approved. SHELL TAX REFUND On this the lOth day of October, 1955, at a regular te.rro of the Commissioners Court of Calhoun County, Texas, w:Lth all members of the Court . \ \ being present, there came on to be considered that whereas t he State of Texas has not transmitted the $4,101.04 now due Road District No.1 and other precinct funds, it was ordered that the County ;rudge contact the Game and \ Fish COmmission, to determine the reason for tho delay. Judge Hartzog spoke to Mr. B. M. Colins, who explained that the reports 1 '.. .........,~.....":\.~.:.. were all in order and had peen approved in his office, the Game and Fish Commission and had been forwarded to the Comptrollers~Office where they are having quite a rush at the ending will be forthcomiiJ.g~. . of their fiscal year and that t he checks' "- ( I . l .....1 .. --ooiIII 195 - . r '\ $ 632.90 , 158.32" t TOTAL $ 791.12 to be paid to W. Pilgrim and wife on the first Monday in January,1956. , SHERIFF TAX ASSESSOR-COLLECTORS OFFICE DEPUTY On this the 10th day of 0ctober 1955, . a-f a-regular-t arm 01'- the'~. ~,---- , ,. Commissioners Court of Calhoun County, Texas, with all members of the Court being present, on motion made~by Clarence Barton seconded by Frank Wedig, the Court authorized the SneriffTax Assessor-Collector to employ an extra deputy, to assist in the Collectors office at the rate of $175.00 per month and the budget was ordered amended accordingly. RIGHT OF WAY STATE HIGHWAY NO. 2143 GUY CAVALLIN On this the lOth day of October 1955, at a regular term of the Commissioners Court of Calhoun County, Texas, with all -members being present, there came on to be considered the'request~of Guy Cavallin for an order of the Commissioners Court recognising and establishing the fact that 'in the' recent constru'ct'ion of State Hi"ghway F. M. 2143, that as shown by'the deed records of Calhoun County, Texas, Volume 93, Pages 235-236, Guy Cavallin and wife granted, to the State of Texas on the south side of such right of way an easement over an area upon which the State Highway Department constructed a new bed for Kellers Creek and whereas one of the deeds of the Guy Cavallin tract of land is the center line 61' ~ellers Creek and question may be ra~sed in the future as to the ownership of Guy Cavallin his heirs or TAX ASSESSOR-COLLECTORS REPORT APPROVED FOR SEPTEMBER On this the lOth day of September 1955, at a regular tem of the Commissioners Court of Calhoun County, Texas, with all members of the (; Court being present, Mrs. C. B. GUidry, Deputy, presented her report for the month of September, and it having been read in open Court, and the Court having duly considered the same together with the exhibits accompanying same, and having the balances compared in the various accounts and finds that said report is correct, ori'motion duly made, seconded and uriaminously carried, the Tax Assessor-Collectors report for the month of September 1955, be and is hereby approved. . RIGHT OF WAY LONG MOTT ROAD NUMBER 2235 ' On this the lOth day of October 1955, at'a regular term of the Commissioners Court of Calhoun County, 'Texas, with all 'members of the Court being present, it was 'agreed that right of way damages on State Highway Number 2235 in the amount of , Right of way Damages I 1 . 1 . I I . .. . .... ""-196 ~ 00 """', .-.. ~ eo N... . .. ;, .' , . - I assigns as to the .center line of the old creek bed th~refore on , Motion made by Earnest Radtke seconded by Frank Kemper and unanimo~~ly . " , adopted. - , " .' J. It was ordered that the easements for.. right of way, as acquired by Calhoun Co~nty, for the ,benefit of the in Volume 93 page 2)5 acrosssthe lands , ,. state HfghwaY3Department as re~qrd~d. . . _, . t, -' 'II ." . _ ~ J:~ ,-' ~ of Guy Cavallin are,easElme~ts.for">,'~, '",'r I the right of way only and are not deeds; to the acreage t ake~; That..Guy' .. : ,. - t . '--,.. - ..' v':'" oJ - .... Cavallin, his heirs and assigns by operation of law will continue.t;~own all t . ~ :'-"':'10 " ~ -_oJ- of the minerals below the surface, and in the event of the aboncfp~ent of,>' . . ~ . . . . - -- -- -..-...... ~ - -~.....::::...._-.:_~ of such road right of way all surface rights will reinvest in. Guy Cava1iln t . - , ~ . . his heirs and assigns, ,and that ,the boundal"ies of the ori~~na~ tract are not changed by the granting of.such easem~1t, and the,ca11 for the cen~er of the Bayou prior to the excavating of the nE~W channel, and the property rights thereto shall remain the same, subjE~ct only to such easement by the . - state Highway Department" however that for., tax rendition and payment purpose! the area covered by such surface easements, are ordered to be deducted from the area to be rendered, t.... . -, And it is se ordered this the 10th da;r of..October 1955. - -. ~ . . -'-~ . ,,' - .:-. -::,~.' . .. _. . -.--.---..----. -------- I NOT I CE TO ~ BIDDERS -' MAiNTAiNER' . PRECINCT' ri6: '2. . , THE STATE OF TEXAS I <:. ~, J COUNTY OF CALHOUN J , " <,;.'.. ' On this the 10th day of Octob~r, at a regu1a.,r .,t.em of the Con;missioners Court of Calhoun County, Texas., with all mElmbers being present, on motion by . . _''; '.--."'" .. .'J..., -'';' t' '.' '_ ..- ~ ..' d ~J_... ~ ........ Frank Kemper seconded by Clarence Barton and unanimously authorizing and ~ . -, '".~' . ..... ..' ,-'. . . - ,- . . ~ '.".'" . -. - . ~ ., "-. . directing the County Judge to ca~s~ _~~,be pu~l}shed,~~ t~~_~~me,and in the manner required by law a notice for purchase of one new maintainer not to " I" t' - - . exceed 115 .horsepower, with trade-in. , NOTICE TO BIDDERS Sealed bids properly marked ,will be ~eceived by the Commissioners Court of Calhoun .County, Texas, until 10:00 A.M. .,November14th, 1955. then publicly! It . ... .. .... - ~ opened and read in the , Courthouse in the City regular meeting place of said~Cou:r:t in the County t - . ~ .,;. . , - ... of Port Lavaca for the following equipment: - ~ ' . ~ _ - t ... . I Item 1: One n~w maintainer, no~ to exceed 115 horsepower, less trade- in of one Warco or one Adams maintainer. Item 2:. . ,For f,urther 'particu1ars and. specifications contact Frank ~ - ,- \ -'. "'. '----- - . I Kemper, County C?~issioner:Precinct No. 2~_ Six Mile, Texas: - Th~, above described equipment is for. ~the use of Calhoun County, Texas. _ . [ .... r, . I I . 1 . 1 1 . l.... 191 """Il --- I .. ! A certified or Cashier's check on a Texas Bank payable to Calhoun County for 5 per .cent of each bid must accompany each bid to be forfeited by the successful bidder for failure to complete contract by delivery of the , , equipment covered by his bid. Toe Commissioners Court of Calhoun County reserves the right to waive formalities, to accept any bid deemed most County, and the right to reject any and all bids. - . ... -. '... -l".: ~ ad~~~ag~9~s to the ..__.~~~~~",~ ~,/";': ." '-~b;::ii.~>~'-~,~":,, -_%:~ '. _"'-':~' . '""~ll,',, I,,,.~,, ~ owar . ar zog, County JUdge," . Calhoun.County, Texas. , " .' On this the' 10th day of October, 1955, at a regular term of the. , Commissioners Court of Calhoun County, Texas, with all members being present, the minutes from the previous meeting were read in open Court ,and approved as read, with the exception of an'error on page 186, Volume J, which error was in the date of the approval of the County Budget for 1956. Commissioners Court adjourned. (]?: REGULAR TERM HELD OCTOBER 12, 1955 THE STATE OF TEXAS <1: I COUNTY OF CALHOUN I '. BE IT REMEMBERED, that on this the 12th day of October 1955, there was begun and holden at t he Courthouse in the City of Port Lavaca, said ~. County and State a Regular Term of the Commissioners Court within and for said County and state, same being the Regular October Term 1955, and there were present on this date the following officers of the Court, " , \ to-wit: HOWARD G. HARTZOG, county Judge MAURICE G. WOOD, County Cl~k , RRANK WEDIG, Commissioner Pro 1 ERNEST RADTKE, Commissioner Pro 3 R. F. KEMPER, Commissioner Pro 2 CLARENCE BARTON, Commissioner P. 4 WHEREUPON the following orders were made and entered by said Court, ' to-wi t: . - - - - - - - - - - --- ----- --- . "- "- "- "- " ...01 ~ 198 00 ~ ~ ~ . I- '. . CITY RADIO DISPATCHERS AGREEMENT ,. , On this the 12th day of October 1955, at a regular term of the Commissioneit's' Court of Calhoun 'County, Texas, with all members of the Court being present, on recommendation of' the Sheriffs Department and in conformity with the 1 - .- - . t . recent a greeIDent b et.ween t.he Commissioners Court and the Board of Alderman, ! " . ". t. - . ~ '," - - to maintaine a joint radio dispatch and call service at t he City Jail during, . . <5, .''''s @tJ -', the period of time when the County Radio Station is off the air.~.," ". -""'--..~ ~ . ~., ~"tg<;:. 'On motion 'made by 'Frank 'Kemper and seconded by Ernest Radt~: and 'Unanimousii'y ... .. ~., ~'~I ~C'.-<: =-,~ ~ \'C t - . - ~ _____. ~ .~ adopted tp.~ County_ Clerk and treasurer is authorized to issue pay. to t'l1e',City.;;~ '? , ~ ~'g '=-", ~ ~ - -v Treasurer the sum of Two Hundred Fourteen Dollars and Fifty Cent~($214..50) :~~e "-~/ .... ~.,:'J '.;.. "",0" S e 1 monthly to be paid out of the salary fund. -\ \ PROTEST TO THE ABANDONMENT OF THE.S. P. SHORT LINE . , ' On this the 12th d ay of October 1955, at a regularterrn of the Commi- . . , <' ~ ssioners Court of Calhoun County , .Texas, with all membe;r:s of. the, Co.urt beillllg, . - - _~____ -.l'. .._ ___..__.__ present, on motion made by Frank Wedilg secpp.ded pyFrank Kemper and Jmaniroous];J adopted. . t t .... .~. The ~9untyJu~ge apd County Clerk wereauthoriz~dto execute ~pro~~st to the abandonmenF of ,the S. P. Rail):,'oa.d". s);lO,rt line betwe,en C~ero and San, Antonio. I' . _ v '-. . RURAL FIRE FIGHTING EQUIPMENT. On this the 12th day of October 1955,' at a regul'ar term or the Commis'sion- ers Court ,of, Calhoun Coun~y _,"=T~x~~~,,,!~~~,s:l~. ~l~~~ers.~~ ~~e ~~~! _~~~~g__ present, on mo~~~~ m,ade~nd _~~:?~~~~ it was ardered that t he bids of local dealers for'the'purchase-of-thefollowing'equipment:. 1. Ford Chassis $ .3,235,.88 2. Chev. Chassis $ 2,223.50 3. ~ , Chassis $ 2,223.50 Chev. 4. -Irite'rmationEll Chassis $ 3,869.37 . be paid out of the Gene'ral Fund 'upon deli ve'ry 'to factory and motice to the Court, to b'e repaid out of 'the proceeds of the sale 61' the authorized .'. $50,o06~oo of the Fire Equipment Bonds. , It is further ordered t hat the $50,000.00 in Fi~e Equipm~nt Bonds as I ',' auth'orlzed by the elect'ion held on:.the i4th day' of May, 1955, be issued in the following amounts : , 1Il..' ~$15, 000.00 1956 January 15, 1956 $15,000.00 1957 1;), : 1957 ' ' I 2. January 'w-__;;.._ -__ - - - - - - - - - - 3. $15,000.00 1958 January 1" 1958 .' , 4. $ 5,000.00 1959 January lS;, 1959 - Interest at two p'3reent, payable annually. Payable at the First State Bank of Port Lavaca, Texas. - . , l ....l r """l 199. . I RIGHT OF WAY STATE HIGHWAY NO. 238 Oh9thisuthecili2th~daynofd0ctober, 1955, at a regular term of the Commissioners Court of Calhoun County, Texas, with all members of the Court I being present, there came on for co~sider~tion the jury report in the suit of the state of Tex~s Vs. Henry Marek, in conde~ation,of same two acres to widen the right of way of State Highway No. 238, the County.having offered to pay five times the rendered value of $100.00 per acre and the jury having returned a verdict of $300.00 per acre as market value, and after conference with Jack Fields, County Attorney, it was determined that the motion for a new trial and appeal to the higher Court is necessary in public interest. . Thereupon on motion made by Clarence Barton seconded ,by Frank Kemper and unanimously passed. The Court authorized the emp\oy.men~ of Frank Guittard, Attorney at Law of Victoria, Texas, to assist ,in prep,aring the appeal of s'aid cause. " Court Adjourned I SPECIAL TERM HELD OCTOBER 28,1955 - ~ . THE STATE OF TEXAS I I COUNTY OF CAlli OUN I . BE IT REMEMBERED, that .on thi.s the 28th, day_ of ,Oc.tober 1955, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and state a Special Term of the Commissioners' Court within and for . said County and State, same being the Special October Term 1955, and there were present on this date the following officers of the Court, to_wit: HOWARD G. HARTZOG, County.. Judge , MAURICE G. WOOD, County Clerk, FRANK E. WEDIG, Commissioner Pro 1, ERNEST H. RADTKE, . Commissioner Pro 3 CLARENCE BARTON, Commissioner Pro 4 WHEREUPON the follOWing orders were made and entered by said Court to-wit: 1 SOUTHERN MINERALS RE~UEST'FOR PIPE 'LINE EASEl1ENT IN-OLIVIA'AREA On this the 28th day of October, 1955, at a Special Term of the Commissioners Court of Calhoun County, Texas, on.motion made by Errest Radtke, seconded by Clarence Barton, the oral application of Southern Pipeline Company for consent to serve wells in the Olivia Area by crossing public road and street easements be conditionally granted subject to formal application to be placed in the records and a proper order by this I . ..... ...,j ,.. oo"llll 200 ~ ~ l::V N . ~ Court providing that the application its heirs or assigns agree to remove and - '-- relay such at their own expense at the request of the Court if and when such road rig~ts of way is required tO,be re~uiltor widened. I g VACA PIPE LINE REQUEST FOR PIPE 'LINE EASEHENT IN BAY SIDE BEACH AREA ~On this the 28th day of October, 1955, ate: Special Term of 'the (;ommission rs Court of Calhoun _County, Texas, on motion by Ernest Radtke, seconded by . ~ Clarence Barton, the oral application of .Lavaca "Pipe Line Company for consent to serve 'wells in the Bay,Side Beach Area by crossing pUblic rad and street I easements be conditionally granted subje.ct to formal application to be placed in the records and a proper,order'by this court.providing that.the application , its heirs or assigns !igree t'o remove and' relay such atctheir own expense 'at c, .~ the request of the Court if and when such road rights of way ,is required to be rebuilt or widened. . RIGHT OF WAY F. M. 2232 On this the 28th day of October,'1955, at a Special Term of the Commissioners Court or" Calhoun 'County, Texas, on motion made by, ."Ernest Radtke , , . seconded by Frank Kemper,~ it 'wa's -ordere'd "that- Jack "Fields,. County Attorney, be authorized and directed to file a proceeding in emmenent domain to secure the 0.329 acre tract of right of way ofr F. M. Highj,ay No. 2235, accross the lands of Carl H. Manuel and wife, Charolote Manuel unless the offfer of Calhoun County be .accepted by 10:00 A.M:, November 28, 1955. 1 - - - - - - - - - - - - - - - Commissioners Court adjourned. < - - - - - -' - - , < , . , 1 ~ ~ ~ < , 1 /" ~ f-- . L ...... r- ""l 201 . > I SPECIAL TERM HELD NOVEMBER 4TH,1955 1 THE STATE OF TEXAS I I COUNTY OF CALHOUN I BE IT REMEMBERED, that on this the 28th day of November 1955, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and a State a Special Term of the Commissioners Court within and for said Co~ty and State, same being the Sp~cial November Term 1955, and there were present on this date the following officers of the Court, to-wit: HOWARD G. HARTZOG,County Judge, MAURICE G. WOOD, County Clerk . FRANK E. WEDIG, Commissioner Pro 1 ERNEST H. RADTKE, Commissioner Pro 3 R. F. KEMPER, Commissioner Prs. 2 CLARENCE BARTON, Commissioner Pro 4 WHEREUPON the following orders were made and entered by said Court to-wit: BIDS FOR HIGHWAY WIRE FOR FENCING On this the 4t&day of November, 1955,at a,Special Term of. the I Commissioners Court of Calhoun County, Texas, with all members of the Court present, there came on to be considered sealed bids for 105 spools of barbed wire to ~ence the Long Mott State Highway Right of Way, in the emergency created by the request of the state Highway Department to advance the date for clearing such right of way for a November letting. Bids as follows}: Seadrift Lumber and Supply CQ. To Calhoun County Free. 4 Bid . 105 spools Bakers Perfect Barb Wire l2t ga. $8.70 913.50 913.50 ... Contractors Supply Company 1 , Olarence Barton County Commissioner Calhoun County Precinct #4 P. O. Box 308 Seadrift, Texas Dear Sir: We are pleased to quote you the following: 105 spools lzt gauge, 2 Point Barb~wire 7.20 per spool I F. O. B. Seadrift . Thank you for this opportunity to quote you. - - ..~. - - - - - - -. ~ Very truly yours, CONTRACTORS SUPPLY COMPANY REW/ok /s/ R. E. WELLS R. E. WELLS . .... ... """202 ~ --~ :x: ~ O':! N --:-- -~ . " Blasingim LUlEber Company .1 COUNTY. WEARHOUSE SEADRIFT, TEXAS % CLARENCE BARTON Bid MY BID TO'FWRNISH .~. O. B. YARD - SEADRIFT, TEXAS: 105 ROLLS'BARB WIRE AT $8.39 PER ROLL NEW. 1 , Isl C. ,R. BLASINGIM' BLASINGIM LUMBER COMPANY Lentz Feed & Seed Co. COMMISSIONERS COUR~~ CALHOUN COUNTY COUHT HOUSE PORT LAVACA, TEXAS GENTLEMEN: . . . . . WE WISH TO PRESENT OUR BID ON 105 SPOOLS OF BARBED WIRE. WE WILL DELIVER TO YOUR WAREHOUSE BAKER GALV., l2t GAUGE, 2 POINT SPACED 4 IN. APART IN 80 RS. SPO?LS AT,$6.90,PER SPOOL. YOUR~3 VERY TRULY, /s/ JASS McDONALD J. D. McDONALD, MG~. LENTZ FEED & SEED CO. PORT LAVACA, TEXAS 1 Lentz F,eed & Ssed Co. Mr. Charley Barton County Commissioner Port Lavaca, Texas . . . Dear Mr. Barton: We are pleased to make you a bid of $7.25 per spool, delivered on Baker 12t gauge, 2 point L," wire for your precinct. , . Thanking you, we-a~e Yours truly, LENTZ FEED & SEED CO., INC. !s! CODY LENTZ, CODY IENTZ 1 . 'CL: mb On motion made by Clar~nce Ba~ton, seconded by .Frank Kemper, the bid .of Lentz Feed & Seed Co. was ordered accepted~s the lowest and best bid on Glidden Wire 105 rolls at $7.15 'per roll, deli very at Precinct No. 1 warehouse. . 1 - - - - - - -- - - - - - - . Ir... ..... ,.. - - - ~ - - """Il 203 -. - . 1 -'RIVER 'AND HARBOR COl'1MITTEE MEETING -..:.,. 1 On this the 4th day of November, 1955, at a Special Term of the Commissioners Court of Calhoun County, Texas! with all members of the Court being present, on motion made by Clarence ~arton seconded by Frank Wedig, the County Judge, was authorized to be absent from Court from0the 27th of November to the 30th of I fovember to attend the River and Harbor Committee Meeting with the Board or ~ngineers in Washington D. C. in connectiDD with the application for Deep Water thru Matagorda and Lavaca B~y. IHIGHWAY RIGHT OF IvAY CLEARANCE . On this the_4~h day of November, 1955, at a Special Term of the Commissioners Court of Calhoun County, Texas, with all manbers of the Court being present, ,. there came on to be considered bids for the removal of houses from Harold E. Fowler. I Clark House. Move house size 28X44 Insurance 431.20 64.50 290.00, 87.50 100.00 973.20 .126~7;) 1099.95 210.00 t1309.95 1 l1.ove house reset piling reconnect plumbing Take out flew and patch holes in roof and walls Move garage . Total Is/ HAROLD E. FOWLER II Marek House Move house 24X30 Furnish 32 blks. Insurance . 276.00 . 35.75 311. 75.._ .62.50 374.25 . Isl HAROLD E. FOWLER . . ----- APPLICATION OF LAVACA PIPE LINE COMPANY FOR EASEMENT UNDER AND ACROSS PUBLIC STREET I EX PARTE: I IN THE COMMISSIONERS COURT I' APPLICATION OF LAVACA PIPE 1 I OF LINE COMPANY FOR EASEMENT ~ I UNDER AND ACROSS PUBLIC STREET I CALHOUN COUNTY, TEXAS I - , . BE IT REMEMBERED THAT on this the 28th ~ay of October, A.D. 1955, came on to be heard and considered by the Commissioners Court the application on this day riled with the Clerk of this court by LAVACA PIPE LINE COMPANY for an - easement and right-of-way to construct, reconstruct; repair, maintain and operate - . .... "'"204 ~ ~ -.. 00 ~ ~ ~ I . a gas pipe line Qader, through and across certain public street of Calhoun County, Texas, de.3cribed in said application at ,points to ,be selected .by. 1 LA'VACA PIPE LINE ,COMPANY within the limits described in said application whereupon the Court, being in regular session', proceeded to consider said application and to hear evidence in support thereof. No objection was made to said application and no p:rotest was made against t he granting thereof and the Court having duly considered the same and its merits and the evidence in support thereof is of the opiniun ~nd finds that said application should be granted, and that Howar~G. Hartzog, County Judge of Calhoun County, and the- pre-srdfng- officer o-f -ttiis- Court; should be duly authorized by order and judgment of this Court ,to execute ,and deliver to,-- the said LA VACA PIPE'LINE COMPANY- THE easement and right-of-way descri bed I in said applic~tion. , . . IT IS THEREFORE ORDERED~ ADJUDGED AND DECREED by the Court that LAVAC~ PIPE LINE COMPANY i:3 hereby granted authority for itself,' its successors and assigns to construct, reconstruct, repair, maintain, and operate a gas . pipe line under, th!'ough and across She'll' Avenue in Bayside Beach Sub- . ' division situated in. a part or the B. Morales League, Abstract 28, Calhoun 'I'~ County, Texas, which p~pe line extends 'from Lot 16, Blk. 132, to intersect i , -. - - . ~ - - 1 with a pipe line located on the B. O. B'aker 10 acre tract. The center line of .said pipe line right-of-way is described as follows: . -~ . - - ^- BEGINNING a't a center line stake, station 0"00 set in the North line of Lot 16, Blk. 132, same being the South line of Shell Avenue and being S. 53 deg. 21 min. W. a distance of 25 feet from the N. E. corner of said Lot 16, Block 132: THENCE N. 54 deg. 13 min. W. 'across Shell Avenue a distance of 53..0 feet to stake, station Of 53, 'in the North line of Shell Avenue . , . and the South line of the B. O. Ba'ker 10 s.cre tract;. last said station -., Gf53~being locatod N. 53 deg. 21 min. E. 291 feet -rrom the S. W. corne, of the B. O. Baker IO -ac:re t'ract-. - (Total -of J.21 -rods) - . ,Provided, ,however,- that ,t he grant, of ,this,.'3asement and, right-of-way-is- made, and,_the instrument hereinafter provided l' or is to be executed, on the condition that such pipe line is to be constructed so as not to impai:r 1 traffic or the maintenance of said publiC street and that following the laying of such 'pi1ile line that such street will be promptly restored to its former, cond:i:tron 'of usefulness. Applicant further agrees t hat if said I - street is widened or the location of said street changed that said applicant will at its own expense lower the said pMpe line to meet the requirements ". t .~- , ' , ' ,- ?~ . ....j r I """Il 205 1_- . 1 of the Commissioners Court of Calhoun. County, Te:x:as. It is further ORDERED, ADJUDGE, AND DECREED by the Court that Howard'G. Hartzog, Crnmty Judge or Calhoun- County, Texas,.s hall-, Ii nd is hereby direct, on behalf of this Court. to. execute and deliver to LAVACA PfPE LlNE'COMPANY an easement and right of way in recordable-form showing the grant by this 1 Court of said easement and right-of-lvay for the purposes and only the purposes above mentioned and. subject ~e conditions above set forth. . E=,,~~J{~".I1f... Cc~t.~'~~dg.. Precinct No.3, Calhoun County,' Calhoun County, Texas. Texas. . . g~..~"{{1~""~ Clarence Barton, Commissioner, Precinct No.4, Calhoun County, Texas. :. - -~ - "; '( ',,", ~-, ," <l'\ -~ .~.~ /-:~ - --~"., ~-_l~ /; ;, ,."" t: : " '.. c -,-- . . ./::---- ! r ..-- ~ ~.1t~ssioner, Precinct No.2, Calhoun County, Texas. . r " -\ ......-: ~., --- I ~. .~ . , "\ ~TTEST: i" . ...' ;; ;~~~;"; ~. ~, ~ ~. .... ice G. Wood, Calhoun County, EX PARTE:. I I I I I J IN THE COMMISSIONERS COURT APPLICATION OF LAVACA PIPE LINE COMPANY FOR EASEMENT OF CALHOUN COUNTY, TEXAS UNDER AND ACROSS PUBLIC STREET . TO SAID HONORABLE COURT ND THE MEMBERS THEREOF: NOW COMES LAVACA PIPE LINE COMPANY, a private corporation.,duly I inco rporated and doing business. under the laws of the State of Texas, and ~resents t his its application to this Honorable Court for authority for litseld, its successors and assigns, to construct, reconstruct, repair, I . ~aintain, and operate a gas pipe line under, through, and across Shell , venue in Bayside Beach Subdivision situated in the B. Morales League, I bet. 28, Calhoun County, Texas, which pipe line extends f rom Lot 16, Blk. I a32, to intersect with a pipe line located on the ti. O. Baker 10 acre tract. I . he center line of said pipe line right of way is described as follows~ 1 BEGINNING at a centerline stake, station ofoo, set in the North' 'ine of Lot 16, Blk. 132, same being the South line of Shell Avenue and eing S. 53 deg. 21 min. W. a distance of 25 feet from the N.E. corner or ... . ..... ..411 "'-206 -;- 00-' ~ ~ tt; {"o.,) . ( - of said Lot 16, Block 132; THENCE N. 54 ~eg. 13 min. W. Across Shell Avenue a distance of 53.0 feet a stake, station 0153, in the North lin~ of Shell Avenue and the . I South line of the B. O~ Baker,lO acr~ tract; last said station 0153 being < located N. 53 deg. 21 min. E. 291'.feet from the. S. W.< corner of the B. O. Baker 10 acre tract. (Total of 3.21 rods) Applicant represents to the ,court in ~upport of its appliaation that I due care will be exercised in the construction of said pipe line so that . , it will not impede traffic or the. maintenance of ~said street, and that such street-wi.n, be promptly restor"tld' t'o'Tt"1l" former' c'onaHion- oY us~fuYne'ss-,- and t t" '. ... . . . '. e.. - - applicarit further agrees that if said street is widened or the'locatioJil. of said street changed, that said applicant will at its own expense lower said pipe line < to meet the r~qlJ.irei1f~nt8- 'o'Cfhe C'ommfss:i:oners 'c'our'f '01' calhoun: - , ~ . County, 'Texas. € . . . - - -,... .- WHEREFORE, premi se s considered, applicant prays and peti tiO!ls"'tliis~ t., ..,,~ /~~ e@,. Honorab'le Court to' grant' to appli"cant-the right to construct/ rec'Ons,truct';.. @.:; t- t" ~ . .~f .'\...----..-;.,;e.~ . . ~ . ~ . .~ ... . .:' . ." repair, 'maintain and op~rate a gas pipe line under, through and ac.r'bss.the :; .~t . . i ~ >:k, -.,\ E ~'j; public street hereinabove designated arid'described and that t;p.fs Monoriiib'l:~' ~ iff .~\..^ .c~:~ '2;....: _ '/ ~ _'~' ~ :' Court make its order and cause the same t.o be entered in the m:i:.n8te~2f""? ~ ~ '8~..~~"" this court approving the application and authoI'izing the execution "'and. , _ __ _ _ _. _ .. _ __ H . I t' ;:.. delivery of a suitablB easement and right-of-way grant from ~nd on behalf of Calhoun County and this Honorable Court to applicant, securing to applicant in recordable form the easement and right-of-way and the rights and privileges here now prayed for. Applicant further petitions this cou.et to make and enter such other and further orders and to execute and deliver such other aridefurther %rants in behalf of application as to the said court may . seem proper. . . LAVACA PIPE LINE; COMPANY , By D. L. BUCHANAN D.. L. .Buchanan By /s/ D.. D. BOYD, ATTORNEY EASEMENT AND RIGHT OF' WAY , , CALHOUN COUNTY , . TO LAVACAPIPE LINE COMPANY , I THE STATE OF TEXAS I I " COUNTY OF CAUlOUN I , - ~,.-.~= -"""'~'" KNOW ALL MEN BY THESE PRESENTS: , , ,. ~ i t ~ That I, Howard G. Hartzog, County Judge of Calhoun County, Texas, by vIrtue of autnbri~y veste~ in me by 4th day of November, A.D. 1955, and , the Commissioners Court entered on the I in behalf of said Commissioners Court =- do hereby grant authority to LAVACA'PIPE LINE COMPANY, its successors and , . ,.. . . . . . l ~ " 207. . 1 assigns, to construct, reconstruct, repair, maintain, and operate a gas pipe line over, through and across Shell Avenue in Bayside Beach Subdivision situated in the B. Morales League, Abst. 28, Calhoun County, Texas, which pipe line extends from Lot 16, Blk. 132, to intersect with a pipe line located on the B. O. Baker 10 acre tract. The center line of said pipe 1 line right of way is described as follows: BEGINNING at 'a center 'iine stake, station 0,'00, set in the "" ; ",.,-, .... N ,0,,' orth;,~' 0' ~~~~~~~~' ",' ~\ ~- line of Lot 16, Blk 132, same-being-the-South-line of-Shell Avenue and bei~g S. 53 deg. 21 min. W. a distance of 25 feet from the N.E. corner of said .7/,. v ~ . .~ .' . .".... "\ c .' . Lot 16, Blk 132; THENCE N. 54 deg. 13 min. W. across Shell Avenue a distance of 53.0 feet a stake, station of 53, in the North line of Shell Avenue, and the South line of Shell Avenue and the South line of the B. O. Baker 10 acre tract; last said station of 53 being located N. 53 deg. 21 min. E. 291 feet ~rom the S. W. corner of the B. O. Baker 10 acre tract. (Total of 3.21 rods) Provided, however, that this grant of easement and right-of-way is made upon the cndition that the said LAVACA PIPE LINE COMPANY, its I successors and assigns, shall construct such pipe line so that it shall not impede traffic or the maintenance of said street and that such street will be promptly restored to it former condition of usefulness, and that said easement and right-of-way shall be for the purposes above set forth and for no other purposes, a nd provided further that should the said street be widened or the location c hanged, the said Lavaca Pipe Line . Company, its succe ssors and assigns, shall at its own expense lower the said pipe line to meet the requirements of the Commissioners Court of Calhoun County, Texas. TO HAVE AND TO HOLD said easement and right~of-way under, through and across said pyblic street unto said LAVACA PIPE LINE COMPANY, its successors and assigns, as long as the same is used for the purposes hereinabove -' set forth. I IN WITNESS WHERE OR I have hereunto subscribed my name and affixed my seal of office this the 4th day of Nove~ber, , , -' 1 THE STATE OF TEXAS I I COUNTY OF CALHOUN I BEFORE ME,the undersigned authority in and for Calhoun County, Texas, on this day personally appeared Howard G. Hartzog, known to me to be the - . ..... .... ,...- 208 ~ 00 ~ ~ eo h-J . ..... person whose name is subscribed, to the fOI'egoing instrument, and acknowledged to me that he executed the same for the purposes and considerati9n therein express~d, and,in the capacity,therein s~ated. Given under my hand and seal 9f office this the 4th day of November, I A.D. 1955. 0;, "'': ~ 'V .~ ~..\,....'" . ';"~ ~\", .J ';'" >;;;;;j.v- - '" ~~ ~;; -4"0'0 ~ ~ <:r~~ ;~. t '" ... ~"" ,~ "'-< \ ....y: ~ .. '0 j "=:::> II ~ No~i~oun C oun ty, Texas. I ~- ~"J, "~~,,,o - - - - - - - - - -"- - -, Commissioner? Court adjourned . .. . . I . , '. - . I . o ('; , . / , .;:., , .....-~..::::.~ I .r-- /.'~ , - , . ~ . ~ ..... r" ,. ., """Il 209, . and for said County and state, same being the Regular November Term 1955, and there were present on this date the following officers of the Court, to-wit: . HOWARD GO. HARTZOG, County 'Judge FRANK E. WEDIG, Commissioner Pro 1 R. F. KE:1PER, Commissioner Pro 2: ERNEST H. RADTKE, Commissioner Pro 3 CLARENCE BARTON, Commiss~oner Pro 4 MAURICE G. WOOD, County Clerk. vlHEREUPON the following oroers were roaoe and entered by said Court I to-wit: -- . "- . . .- - -- - - - - - - - - - - - - - -- PRECINCT NUMBER TWO BIDS ON MAINTAINER On this the 14th day of November 1955, at a Regular Term of the Commissioners Court of Calhoun County, Texas, with all members of the Court being present, there came on to be considered the bids on one maintainer for Precinct Number Two, sealed bids were opened at 10:00 A.M. as follows: WM. K. HOLT MACHINERY CO. . Honorable Howard G. Hartzog, County Judge and County Commissioner, Calhoun County, . . Port Lavaca, Texas. Gentlemen:' In response to your request for bids for a new Motor Grader, we submit the following: 1 1 #12 Caterpillar Motor Grader, Tandem Drive, 12 foot Moldboard, leaning wheel front axle, dual brakes, and muffler, 6 volt electric starting system, battery, horn, and 30 amp. generator, closed cab, hydraulic steering, 13.90 x.24 - 8 ply tires all around. PRICE: ...........(F. o. B. Port Lavaca)........$lp,514.00 I \'lEIGHT . . - r-. .....................23,08,5 lbs. As an atlernate bid we offer the Caterpillar #112 Motor Grader, equipped as above at $14,359.00, f.o~b. Port tavaca. " ,. .~, . ,. ,. "--...---~- . ll.... .lII "...- 210 00-' ~ ~ tti f:N - - . . .; Our allowance for your trade-ins on either of the above would be $1,000.00 on the Warco, and :Jli450.oo on the Adams Model 301, for a total of ~1,450..00": Specifications on both Caterpillar machines are attached, and we will appreciat any consideration given our 'bid.- ' - - -'-' I C.F.Schober:ihro Very truly yours, Sales Manager. Encl.. < I HI-WAY M1. CHINERY COMPANY Calhoun County Courthouse' Port Lavaca, Texas Attention: The Honorable County Judge and Commissioners Court \ Subject: Motor Grader for Precinct No.2 - Mr. Frank Kemper, Commissioner Gentlemen: . . In response to your advertisement, we s}lbmi.t the :rollowi~g proposal f or your consideration: · . 1-::: ~~r:; l' bne (1) Austin-Western Model" Supper 88, 9ix (6) Whe11. Drive and Steer Power Grader, equipped with GJ1C 3-71, 3 cylinder.Diesel Engine; Hydraulic Controls thtooughout; 6 speeds forward and 2 Reverse ,.'or Power Side shift Holdboard; Electric Starter; Hydraulic Brakes; Muffler; Horn; Thermostat; 3/4" X 12 ft. Fully Reversible Blade with it.H. and L. H. 6" straight End Boots; 13;00 X' 24 10-Ply Single Low Pressure Tires with Regular Tubes; Fully Enclosed Cao. Complete and ready to operate. : 1 Price: F.O.B. Port L~v~c~,_T~x~s=-=-=-=-:-=-=-=-=-:~$15,534.00 Less Trade-in Allowance for following: One (1) 2075599 One \ 1 ) 260 - Used Warco Motor Grader,'Serial No. t ) ) No. ) ) '4~385.0b _$11,149.00 < Used Adams 301 Motor Grader Serial t Literature and Speciafications attached. . Terms: Net Delivery: .to to 15 Days. Cashiers Check No. All2245 in the amount of ~600.00 also attached. . < Thanking you, we remain, iiI-WAY MACHINERY COHPANY , HHC/ao Encl. , . /s/ H. H. CROWDER, . H. H. Crowder, president. I: ,~ t. BROWNING-FERRIS MA CI'IINERY CO. < < Honorable County Judge and Commissioners Calhoun County Port Lavaca, Texas. .,...... Court . ..:.;;........ . Gentlemen: . -. ; . ,;. .. ;; ;, . . 0: ;; . .. .. . .. .. ;,. . . . 1 In response to your 'advertised request for -bids for one new maintainer, we pleased to quote as f'ollows: ; . . '.. ~ ~ ~._,-~ " ",' . fl' , . l j ... 211 """Il . , \ }, I One - - Galion Model 104 Tandem prive Motor Grader . Powered 'by' GeneraJ.: Mot'ors "3--71' 1.00. H-.P.. .diesel- engine, equipped with electric starter, leaningJ wheel front aXle murfler, hydraulic power own"" ' trol, 12' x 3/4" moldboard, 13.00 x 24 8-ply tires ,. .. on all wheels, 'power steering' and cab with metal and safety glass enclosure. Weight 'approximately 22,~11 pounds. Price f.o.b. Any point in Calhoun County - -$14,771.00 We will allow you as trade in on your Warco . Model 2D Motor Grader Serial No. 75599H - -$ 3,350.00 ,I t And, we will allow you as trade in on your Adams 'Model'301 Motor Grader Serial No. 260 - -$ 100.00 Alternate:; , . One - - Galion Model 118 Tandem Drive MotDr Grader, powered Jil,y International Model 00-525, 115 H.P. Diesel Engine, equipped with electric starter, leaning wheel front axle murfler, hydraulic power 00 ntrol, 13' x 3/4" moldboard, 14.00 x 24 8-ply tires on all wheels, power steering and cab with rra tal and safety glass. enclosure. . Weight approximately 23,885 pounds. Price f.o.b. any point in Calhoun County - - $16,23141.00 Terms: Net cash, or if-you desire an extended payment plan, we feel sure a mutually satisfactory arrangement can be worked out. . Delivery: Two weeks or less on either the model 104 or 118. : t I Literature and specifications, as well as a cashierls check in the amount of $820.00 are enclosed. We certainly thank you for.,this opportunity of quoting and should you need additional information, feel free to call us. Yours very truly, BROWINGIN-FERRIS 11ACHINERY CO. By Is/Mack Nobbitt Mack Noblitt Sales Manager AP: jf Enclosure . , SOUTH TEXAS EQUIPMENT CO.,INC. Calhoun-County Port Lavaca, Texas Attn: Hon. Howard Hartzog, County Judge , , Gentlemen: 1 In respo~se to your advertised request, we are pleased to submit the fOllowing quotation. 1 Adams Model 440 Tandem Drive Motor Grader with mechanical POl-ler ContrOlS, 121 x 3/ll," Moldboard, leaning Front Wheels" 1.3.00 x", 24 tires, front and rear, Manual Steering with Hydraulic Booster, deluxe enclosed Cab with safety glass, complete with all Standard equipment, powered by 100 h.p. Diesel Engine with electric starting. ApprOXimate weight 23,050 Ibs. .. . C . f.o.b. Calhoun ounty, Texas:. . .. . . . . . . . . . . .$15,152.00 1 - We offer as trade allowance for your used Warco Motor Grader, Serial No. 2075599- . - . Il... ..i ,...- 212 00 ~ b, ~ . I - . and your used Adams Mo~tor Grader, combined, t'he~n.unpo.:V..2.. . . . . . . . .e.. . . eo e.. . . . . . . . . . .. . .$3,50'0.00 Terms: Net , I. - " . , Delivery: Seven to ten days after receipt of order. We enclose Cashiers Check in the aro'oun.t of' $6QO .0,0 as bid deposit. We appreciate the op;ort~nity of ;ub;itting this quotation8nd'hope to be favored with an orden. . , SOUTH, TEXAS EQUIPMENT CO.,' INC. Is~ D. M. BOREN, D. '1. Boren, lZice President I , YOlWS very truly, DMB/bw , . , On motion madB by Frank KeIl)per ,seconded by Clare'nce ~arton the Bid of Browning-Ferris Machinery Co. l1as, ordered (~f:y.epte.d on the Galion Model 104 as ",,' -~,. .. ," t - the lowest and best. bid and_the gO,od faith checks of the othe.r ,bi.dders were ordered delivered to the agents present in C01ll't. . , , , ' TREASuRERS REPORT'FOR'OCTOBER'ApPROVED On this the 14thday of Noverobe~, at a ]~egular term of the Commissioners Cour~. of Calhoun ~URty, Texasi with all members of the Court being present,': }liss Mary. Stephens, County Treasull~r presented her, report for the month of October, and it having been read in open 00urt, and the Co~rthaving duly considered the same together with ihe exhibits accompanying same, and havi~g I '. , the balances compared in the various accounts and finding said report ~~be . correct, on motion dl~ily made, seconded and unaminously carried t,he County Treasurers report of October,.:('1955,. be and .the same is hereby approved. PLOT OF A. G. SCHlKE SUBDIVISION 'OJ. I On this the 15t;h day of November, at a regular term of the Commis,,!ioIlers Court of Calhoun Vounty, Texas, with all m<::lmber;? of the Court being pres.ent, there came on to be considered for record the plot of the Alexan~er G. Schibke Subdivision of the Schike Estate portion, tract number 10 out of the North 80 acres S.W. t, Section 50, Koch SID James Hughson'Servey, Calhoun'County~ ( . Texas. And on motion duly made, seconded and carried it wa~'-ordered that the same be approved and filed ror record. I . -' . ~ t STOCK PENS ON ALAMO BEACH ROAD RIGHT OF WAY.' .. On this the 15th day of November~'1955, , at a reg~lar t~rm of the Commissioners Court of Calhoun Counj:;y~, T[iex,as, w-ith ail members of the Court t. -, I . . ~ - . .. being present, on motion made by Frank Wedig.s~conde~:by.Frank ~~mper the Stock pens loca~edp~ tpe. C9un~y.r9a~.0~ ptre~ys or the Alamo . . . be ordered removed. l. :... Beach Subdivision .. ,,' L - -- ~--- . l I ...4 r- 213 ~ \ . I "'~" TWO MILE CREEK I I On this the 15th day of Novemoer, 1955, at a regular term of the Commissioners Court of Calhoun County, Texas, with all 'members of the Court being present, on motion made by Clarence Barton seconded by Frank Kemper and unanimously 'adopted, "M. :.HerbertcCSmi th was appointed to the vacancy 'on the Board of Commissioners to succeed Archie Mac Fisher, upon taking the oath and making I the bond required by law. . On motion made by CIare'nce Barton seconded by Frank Kemper and unanimously adopted the following resolution was ordered placed in the Minutes. BE IT RESOLVED THAT whereas the Supreme Architect of the Universe has called from this life, Archie Mac Fisher, son of Leonard M. Fisher, . Sheriff 'of Calhoun County and the beloved husband of Melody Fisher, Secretary of thi's Court, and whereas this fine young man has-served with distinction as Commissioner of the Two Mile Creek Water Control and Improvement District . . ' of Calhoun County;' Therefore this Court desires to go on record in (ftf~A4'_ Frank Kemper, ,... Commissioner Pro 2 his bereaved family. a~~~ Ho~ard G. artzog, County Judge. &~ 1I,j9(7~lIt." Ernes~ H. Radtke, Commissioner Pro 3 expression of our deepest sympathies to 1 Fr k viedig, Commissioner Pro 1 : -" ~ ,...e '-:v':;,: ~ .",-;._~~a~ ~~~;,.'" .......?~.. ~ " ~ .. ~'~..,.." """,.,.'" ,-- ~,~...... '~..~ ----- ~~~ ~:: ':..~~~ .; 3: ------" ~ :; ~, ~.. ... 4!'" / . ;-. ':'~ : ?:, ~- ~ ~~ " ...-:r...,: ;; ~ ~ . ~ ... ...,.. j .~ _:~y<\,..,:~ '-~.." ~\:~~~ ~</2 """.:.r 0" ~ ^ "'4... of November, 1955, at a Special Term of the '<'J:C.'~"., 6~#~ ~larence Barton, Commissioner Pro 4 ;;,;....:.- . LATERAL ROAD ACCOUNT On this the 15th day Commissioners Court of Calhoun County, Texas, held in the regular meeting .. I place of said Court in the County Courthouse in the City of Por~ Lavaca, Texas, with County Judge Howard G. Hartzog, presiding and Commissioners Wedig, Kemper, Radtke and Barton ~n attendance and Maurice G. Wood, County Clerk present, there having come on for Dearing the matter of the Lateral Road Refund for the fiscal year ending August 31, 1955, it was moved by Commissioner Barton, seconded by Commissioner Kemper and unanimously , 1 --., carried, that the Board of County and District Road Indebtedness be requested to forward to- t"he- County 'Treasure-r -of- Calhoun County, Texas, the balance of $10,123.35, which is now available to said County and to advise said Board that the Corr~issioners Court of Calhoun County proposes to use these funds for the Repair and Maintenance of County Lateral Roads in said County, and that the County Clerk be and he is hereby ordered and directed to forward a copy of this order to said Board. It is so ordered. - . owa.:rd G_...Jia:r..tz_Cl.Z, CountY. J1l..Cl&e .... ~214 I. I I "-'j ""'IIj 00.. ~ ~ ttJ ~ . '- NOTlICE TO BIDDERS On this the '15th day or November, 1955. at a Regular Term of the , , I Commis.sioners Court of Calhoun County, Texas, with all members of the Court t . (. : _~....}~ t. . - being present, on motion made by Clarence Barton seconded by Ernest Radtke and unanimously carried, the following notice to bidders was ordered publislied: i .;- NOTICE TO BIDDERS t ~. I Sealed bids properly marked will be received by the Commissioners . Court of Calhoun County, Texas, until 10:00 A.M.,.. December 12th, 1955, then publicly opened and read in the regular meeting place of said Court in the . County Courthouse in the City of Port Lavaca for the followtng equipment: Item 1: One new two (2) ~on dump truck with? yard water level bed. two (2) sp~ed rear axle. 825 rear and 750 front tires. Less trade-in on 1954 Cheverolet two (2) ton dump truck. . , Item 2: For further particulars and specifications contact Commissioner Frank Wedig, Prem not Number 1. The above described equipment is for use in Calhoun County, Texas. A . certified or Cashier's check on a Texas Bank payable to Calhoun County tor five,(5%l-percent of each bid must accompany each bid to be forfeited by the successful bedde~ for failure to complete contract by delivery of the equipment,covered,by his bid., The Commissioners Court of ' Calhoun County t -... ~ 1 reserves the right 'to waive formali tie s, to accept any bid deemed most advantageous to the County, and the .:;;s~f->;~~iE~"s.~):, . r.~/-;-~' _-~~.l." ,\" 1';::: ;........~.;l~ .4i"",,::,'.:--.,"'h: '\" ,to-:"- ''7:Y.~;.,'' ~\-.~1(\ t':~:~'!tr, . ~.r).- (': J'v';~~{. "..... ,./ $< 'I' ,~/r/:,c.f'/f "~",,;r ~e.- '.{.( 1fl'1f&:~ e' ;:,o~'.\ ;~i'"":l:i ,.~._~ '-=c ~'- ,:r~_ ~:".~, ~ ~~ .,. . .- - ." --= ... -'. ,.~"';\../ -~ f:51:~ I"~ ~ ~...,.", ..~-....;, 1;'1 ..,..... )].., ~,.", ::: "\~" 11 "".1:1,' If' 44- t'tl)....':.:, "." ..:.;l ..:: ;.!:.- ~,' V' ~ ......-...~....J:-;' .. :'-., "J' ~~. <€'...c~~" "<":~{(~1l:::~~~.;- ~-~~,~}. , right to reject any and all bids. ~~C2- Count:/:-Judge, . - . CalhoUn County, Texas . . rice G. Wood, minty Clerk, Calholfn County, Texas:. '~{i. >\., l ..__ 'I- MINUTES AND ADJOURNMENT , . , . ,I , 1 Commissioners Court adjourned. - - - - - - - - - -, - - - - - ,-- , , /" 'J-'I>.,[- . ....-:::,-: 'r...--',..... . , . ....,.j r-: il"';> ,> .: ,,-~..:~,- r ' .< ~......... '. 'f"7, "'Il 2i5 ,. . IIR~GULAR DECEMBER TERM I ' THE STA'rE OF TEXAS I I COUNTY OF CALHOUN I BE 'IT REVillMBERED, that on this the 12th day of December, 1955, HELD DECEMBER 12th,1955 . I I there was 'begun and holden at the Courthouse ~n the City ~f.Port Lavaca, said County and State a.'Regular Term of the Commissioners' Court within , and for said County and State, same being the Regular December Term 1955, and there were present on this date the following officers of the Court, to-wit: HOWARD G. HARTZOG, County, Judge, . - + -> FRANK E. WEDIG, Commissioner Precinct No. ] R. E. KEMPER, Commissioner Precinct No.2. ERNEST H. RADTKE,. Commissioner Precinct No~ 3 -+ .. CLARENCE BARTON, Commissioner Precinct No. 4 MAURICE G. WOOD, County Clerk \VHEREUPQN the following orders ere made'and entered by said Court I to~wit: OUTSTANDING WARRANTS On this the 12th day of December 1955, at a regular term of the . Commissioners Court of Calhoun County with all members of the Court being present, on request of t~e County Auditor to clear all accounts on January "'. '~-'. '-.. 1st. On motion made by rran~ W~dig seconded by Ernest 'Radtke it was ordered that the following listed unclaimed warrants, which are still held . by the County Clerk, be canceled, without prejudice to rights of claimants, if any, and the funds be returned to the proper funds. ,. ?~~. "- '. ,. JURY 1ST Date N arne Warrant Amount 11/20/50 H. H. Fort 326 $ 4.00 2/18/52 T. H. Regan 2335 4.00 2/11152 W. C. Hawes 2282 2.00 2/11/52 Franklin Sneed 2273 2.00 :).0/28/52 T. B. Harrell 446 5.00 ~ $17.00 t ROAD AND BRIDGE 2ND. 10/10150 R. L. McLemore 2608 .72 4/n.o/51 Western Auto 3598 10.12 7/13/53 Fordyce Gravel 8584 15 . 20 8/10/53 Sanders Weiliding 8799 1.00 $27.04 GENERAL 3Rn i221 2/14/50 ' Alton White 4.13 2/13/53 . Ronal J. Roemer 7590 35;00 '$ 39.13 PERMENANT"IMPROVEMENT 4TH 10/13/53 . Henry Boyd 6689 59.68 ~- I ,I, t . f ll....- ...,j ~216 ; ",f" 00" ~ ~ t:o hJ , . . . , . . , 'I #n , ~ :' \. . ...: , 'i BIDS ONcDUMP,TRUCK FOR PRECINCT NUMBER 1 '/ i: 1~': . . On ,this th,~ 12th day. of December 1955, at a r,egular term of the I Commissioners Court of Calhoun County, Texas, with all members of the Court i. '~~~;;1 i ,. being present, there Game on to be considered the bids on one two ton dump truck for, Precinct Number I, sealed bids were opened at 10:00 A.M. as follows: . , , TERRY BUNCH MOTORS / De'~ember 12,1955 ~ , " Calhoun Co. Commissioner's Court Port Lavaca, Texas t' . , . " GOOD FAITH CHECK $ 135.00 I . ,. , , , , Gentle~en: ,. . Thank you very much for the privilege of submitting the following bid: One 1956 Ford F600 130" W.B. 133 HB 6 Cyl. Engine Cab & Chassis Freight To Port Lavaca, ,Texas.,----------------~---------------- Pre-delivery Service-----~------------------------------------- 2-8x22.5 8 Ply Tires (Front) Replaces 750x20 8 Ply------------- 4-9x22.5 10 Ply Tires (Rear) 'Replaces 825x20 10 .Ply------.:--.:-...: Oil Filter---------------~--~-------------~-------------------- Three Yard Water Level Harion Dump Body Installed-------------- Price--~------------------- $2159.00 211.00 . 35.00 128;40 11.90 68.5.00 l 3230.30 . OPTIONAL EQUIPMENT: 8 Cyl 272" v8 Engine 167 H.P.-----------------n---- Two Speed Rear Axle--------------------------------- Heavy Duty Springs Front & Rear--------------------- Electric Windshield Wipers~:------------------------ $ 92.18 176;67 19.50 13.09 I . .. I Allowance for one 195:CCnev; Dump-Truck; ChElvrolet Serial No. .5 U V 1 2734----------------------.,----------------- $856.97 It is understood that the proper forms will be signed .so that we may receive the Federal Tax-Refund. "" Yours truly, Terry.Bunch Motors /s/ .W.D. BRUCE W. D. Bruce Sales Mgr. .' ... . WDB/h < , MARSHALL CHEVROLET COMPANY December 12,195.5 , . . Commissioners 'Court of Calhoun County Port Lavaca, Texas . Gentlem~n; ~ . > . The following bid is su1:irilitted for your consideration on one second series 195.5 Chevrolet, model..6l03. This truck to be equipped with 123 HP, 6 Cyl. engine. , I . List . 2-speed axle . 750"':20 8 ply front tires' 825-20 10 ply rear tires'" Heavy duty front springs' Heavy duty rear springs Galion Dump--3 yd water level Clearance lights, reflectors, & mud flaps State Inspection Total Less credit for federal tax 4 yds. ends turn signals $ 2409.25 17.5.05 127.10 .5.35 13~80 642.12 62.50 1.00 l 343;' .l'7 127.20 l 330>7.9'( /~-- 600~00 "$ 2.(0 ( .9"( I , Less 1951 Chev. dump truck Delivered Price . . ..... ~ r- ...... ~ 217 ~ . Add to above delivered price $58.35 for 140 H, P.,'q_cyl.engine if desired or 122.50 for 145-li;p, v-8. I' WCM!bm Yours very truly, /s/ W. C,'MARSHALL W. C. Marshall, Mgr. Marshall Chevrolet Co. On motion made by Frank Wedig seconded by Clarence Barton the bid of Terry Bunch Motors was ordered accepted in the amount of : I $ 2,674.68, as the lowest and best bid. And the bid check of Marshall Chevrolet Company was ordered returned to W. C. Marshall, Mgr. who was present. JESSIE BAREFIELD-PAUPER On this the 12th day of December 1955, at a regular term of the . Commissioners Court of Calhoun County, Texas, with all members of the Court being present, on motion made by Frank Wedig seconded by Frank Kemper it was ordered that an allowance of'$25.Qo per month for t~~ next three winter months be ,made to Josie Williams for t he care of the said Jessie Barefield. W. W. SCHICKE SUBDIVISION " On this the 12th day of December 1955, at a regular term of the Commissioners Court of Calhoun County, Texas, with all members of the Court being present, on motion made by Ernest Radtke seconded by Frank Kemper the plat of the W. W. ~chicke subnivision out of a portion of tract No. .14 out of the north 80 acres of the S. W. t Section 50 Kock SiD. James Hughson Survey, Calhoun County, Texas, was ordered fil~d for record as per plat surveyed by Charles Hodges, County Surveyor, I 6/20/55.. . TREASURERS REPORT APPROVED FOR NOVEMBER On xhis the 12th day of December 1955, at a regular term of the Commissioners Court of Calhoun County, T~xas, with all members of th~ Court being present, Miss Mary Stephens, County Treasurer, presented her , report for the month of November, and it having been read in open Court I , . . , and the Court having duly considered the same together with t he exhibits accompanying same, and having the balances compared in the various accounts and finding said report to be correct, on motion ~uly made seconded and unanimously carried the.County, T.reas~rers report of November 1955, be and the same is hereby approved. I , . .... "... 218 ,- - - ""'Ill 00 ~ ~ ~ . TREASURERS TRANSFER DRDER TO. SUPPLEMENT SALARY FUND Q - . . . On this the 12th day of December 1955. at a regular term of the Commissioners I , Court of Calhoun County, Texa~, with all members of the Court ,being present, Whereas, the pounty Auditor ~as. requested the Court to authorize an adjustment rrom the Geheral Fund to the Salary Fund so as to authorize a transfer prior to the last day of the year of a sum sufficient to make up the the deficit in the Salary Fund so that the Salary Fund may not be overdrawn . on the 1st day of January of 1956, therefore , I On motion made by Clarence Barton seconded by Frank Kemper the . ~ . Treasurer is hereby authorized to transfer from the General Fund a sum sufficient to cover the overdraft in the Salary Fund and to make such , adjustment prior to the 1st day of January 1956 at the time the escrow funds are distributed. , . CALHOUN COUNTY NAVIGATION DISTRICT COMPENSATION OF COMMISSIONERS. , .On this the 12th day ,of December 1955, at a regular term of the Commissioners Court of Galhoun County, Texas, with.all,members of the Court being present, whereas the Commissioners of the Call].oun ~ouIlty NI!-vi.gl!-ti,?n ,', District have served since the cr,eation of the district by the Legislature, and have.. each paid their own exp,enses and have received no compensati.on'.for their services and whereas Article 8209 VCS provide for ~he Commissioners Court to ~ix such compensation, Therefore, , On motion m~de ,by Clarence Barton seconded by Frank Kemper and I unanimously adopted it ,is. ordeFe,d that each cornmi~3.sioner be allowed ,the sum of ~lO.OO per'dem fo~ each meeting called at which they are in attendance, and each shall be entitl,Ojd to all authorized traVElling expenses and t.he secretary and presiding officer shall.1?e,allowed all reasonable sec~etl!-:;'~~~_ expenses in the preperation of miputes and other ofricial documents. . WASHINGTON EXPENSE ON BEHALF. OF NAVIGATION DISTRICT HEARING BEFORE THE BOARD OF ENGINEERS ,t ~ On this the 13th day of December 1955, at a regular term of the t - Commissioners Court of Calhoun County, Texas, with all members Of the Court being present, whereas the Commissioners Court her'3tofore authorized the payment of traveling expense to send a representative of the County to. I -> e- Washington to attend the hearing before the Rivers and Harbors Board and whereas the Aluminum Company of America secured and paid the transportation . for such representative, therefore, , On motion made by Clarnece Barton seconded by Ernest Radtke it was ordered that the Aluminum Company of America be repaid the sum of $175.56 I being the amount paid out for transportation of such representative. . ; ...... ~ ~ 219 . I CONSTABLE PRECINCT NUMBER 4 On this the 12th day of December 1955, at a regular term of the -- Commissioners Court bf CalhouJ:l.County,.~.Texas, with all members of the Court being present, whereas it was called to the attention of the Court that an I appointment of a Conatable to serve the unexpired term of B. O. Edwards, deceased, was required at this term of the Court~ and whereas several petitions for the appointment of various persons have been filed with the . Court and whereas a recheck by the Clerk indicates that Mathew Cormier has been recommended by a plurality of the citizens as shown by the p'oll tax records, and a plurality of all signers, therefore, , . On motion made by Frank Kemper seconded by Fra~k Wedig the said ~athew Cormier is hereby ordered appointed constable of precinct number 4, to the unexpired term in such office subject to filing of a security bond in the amount of $1,000.00 and taking the Constitutional oath of office. ,. t BOND AND OATH OIDNSTABLE PRECINCT NO. 4-12/13/55 On this the 13th day of December, at a regular term of the I Co~nissioners Court of Calhoun County, Texas, with all members of the Court being present, the oath and bond of Mathew Cormier was ordered filed and approved on motion of Clarence Barton seconded by Ernest Radtke and unanimously adopted and Mathew Cormier installed as constable of Precinct Number 4, Seadrirt, Texas. TAX ASSESSORS AND COLLECTORS REPORT FOR OCTOBER AND NOVEMBER APPROVED On this the 13th day of December 1955, at a regular t erm of the Cqmmissioners Court of Calhoun,county, T~xas, with all members of the Court being present, Mrs. C. B. Guidry, D~puty, presented her report for the month of October and November, and it having been read in open Court, and . . the Cou:;t having duly considered the same together with t he exhibits accompanying same, and having the balances compared in the various accounts and finds that said report is correct, on motion duly made, seconded and , unanimously carried, the Ta~ Asserssor-Collectors r~port for the.months of October and November 1955, be and the same is hereby approved. t I ASSISTANT TO COUNTY AGENT AND HOME DEMONSTARATION AGENT On this the 13th day of December 1955, at a regular term of the Commissioners Court of Calhoun County, Texas, with all members of the Court being present, Mr. Charles Thompson appeared in the interest of I the 4 H program of the County and stressed that this service was one.of the duties of the County Agent and the Home Demmnstration Agent. That in t a growing County the regular duties of such officials were such that they could better serve with an assistant and that t he Federal Government . .... ~220 00 ""'Ill ~ "=t I:X:l ~1 . and state had available matching funds for such assistance' in. the-amount, ---, of $2,800.00 which could be Cmatched by'$l,eOO.Oo for .the County, of which $500.00 would be traJteling expenses of: a m:Lnimum.. On motion of Clarence Barton seconded by Frank ~edig'the Court I , ,. agreed to subject the question to the County Auditor to determine whether the service could be provided within the allowance of the Annuam Budget CONDEMNATION _ STATE HIGHWAY NU}IDER 238 -HENRY r~REK' LAND On thi:J the 13th day of December 1955, at a regular term of the . .. Commissioners Court of Calhoun County, Texas, with all members of the Court I heretofore adopted. being present, there came on to be considered a preposal for a final settle , ment of the CD ndemnation proceedings in trle cause of the state '01' Texas Vs. Henry Marek to secure the right of way foi' stat e Highway Number 238, . . The County being represented by'Jack Fiel'ds, 'County Attorney and' Frank Guittard of Victoria, 'Texas, 'assist:Lng'Mr; 'Fields-on,the motion for.:... , a new trial in the County Court and on appeal to the' Court of Civil appeals, and the defendant being repres'ented bey the attorney of record, Gene' Day, .. Therefore, the following agreement was reached auttiorizeing the . On motion made by Clarence 'Barton seconded by Frank Wedig and I following motion and order. , ' . unanimously adopted. . . - - -r.t"wa:a' agreea by' bOoth' parties that- the- motion' l' or, a new, tria,l. -.- in the County Court be agr~ed to by both parties and a judgment be entered subject to the approval of th~ County court,' setting and disposing of all' issues of damage for the land act~alJly taken; agreed' to' be tw~ acres of . land at a market value of $100.00 per acre a'total of $200.00 for the increased right of way, that the defendant be paid the sum of $150.00 for damages to trees and shrubbery, the sum of $370.00 as agreed costs to . ':. t. remove the houses and buildings, and the sum of $300.00 'as the cost ~of - ' removing and rebuilding the right of way fence, the same being a'total . sum of $1,020.00, That Frank-Guittard is directed to prepare the ,judgement for filing and for services rendered in representation of the 'County, that a warrant be issued to Frank Guittard 'in the sum of One- Hundred Dollars. I TREASURERS BOND - CALHOUN COUNTY NAVIGA'I'ION DISTRICT. ' On this the 13th day of December 1955, 'at a regular term of the , Commissioners Court of Calhoun County, ~~exas, with all members of the Cour I . ~ ,. 221 " . I being present, the Security Bond, Main Bond and Casualty Bond Company, in the amount of $10.000.00 for Mary Stephens, Treasurer, ,be 'andthe 'same ,is hereby approved and ordered filed. CALHOUN COUNTY NAVIGATION DISTRICT On this the 13th day of December 1955, at a regular term of the o I Commissioners Court of Calhoun County, Texas, with all members of the' Court being present, on motion made seconded and adopted it was ordered that all warrants for the lawful ~xpegdit~r~s_of ~ainteDaDc~ FiDd~ of the Calhoun . , On this the ~3th day of December 1955, at a regular term of the Commissioners Court of Calhoun County, Texas, with all members of the Court being present, there came,on to be considered the resignation of Mrs. Melody Fisher, secretary t~ the County Judge, the followin~ letter of recommendation was ordered recorded in the minutes of the Commissioners " , Court, as follows: I . RE: Mrs. Melody Fisher Port Lavaca, Texas. TO WHOM IT I"fAY CONCERN: The"Commissioners' Court of Calhoun County, T~xas, ta~es pride in unanimously joining with the County Judge of Calhoun County in this letter of commendation and recommendation of the services rendered this Court by Mrs. Melody Fisher of Port Lavaca, Calhoun County, Texas.' ' . During the leave of absence of our former secretary, who joined her husband who was transfered to Germany tci complete his tour of service, Mrs. Melody Fisher accepted appointment"' to the difficult task involVing handling of all of the various involved transactions-or the County, Civi:L, Criminal, Probate and Juvenile Court, Clerk of the Commissioners Court and' Deputy Ex-officio County School Superintendent for the entire County. " I Mrs. Fisner assumed and carried on the responsibility of office with the minimun of interruption and on her own time indexed or refiled'all the records of the office, never content to be idle she assisted the County Tax Assessors and Collectors office, saving the 'County the cost and expense of extra help and assisted the County Clerk in preparing all the various papers and documents having any bearing on Court business. We do not hesitate to recommend her' services' to any prospective employer, who may require, energy, ability, honesty, integrity and discretion in a secretary. It is with regret that we accept her resignation. I THE COMMISSIONERS COURT OF CALHOUN.COUNTY, TEXAS. Isl HOWARD G. HARTZOG Howard G. Hartzog, County Judge Isl FRANK E. WEDIG Frank Wedig, Commissioner Pro 1 Isl ERNEST H.RADTKE . Ernest H. Radtke, Co~~issioner Pro 3 Isl R. F. KEMPER . . . Frank Kemper, Commissioner Pro 2 , /s/ CLARENCE BARTON Clarence Barton, Commissioner PF'. 4 . .'f 0' ..... ...l ~ 222 00" ~ ~~ ~ ~ . . , r1INUTES AND ADJOURNM~ . , , . . I On this the 13th day of December 1955, at a regular term of the . ' Commissioners Court or Calhoun County, Texas, wit~ all members of the Court being present, the minutes of the previous meE.ting were read and approved , as read. t i The Commissioners' Court precessed. i I - - - - - - - - - --- - - - - - - ~ .J INVESTHENT . OF FIRE E(;).UIPMENT' BONDS .' , On this t:ne 16th day of December, 1955; at a regular term of the Commissioners Court of Calhoun County, Texas, with all'members of the Court being present, there came on to be considered the- investment. in Fire Equip-.- ment Bonds by the ....Calhoun County Hospital Sinking Fund, therefore, On motion by Clarence 'Barton 'seconded by Ernest Radtke and . unanimously adopted the following order was entered. WHEREAS, on the 18th day of April, 1955, .the Commissioners Court ordered an election throughout the County, he:Ld'on the 14th day of May, 1955, for the purpose of determining whether the Court be au thorized to issue" County Bonds in the amount of'$50;000.00 for the purpose of purchasing Fire I righting equipment as provided by law as shown by the minutes of the Court in Book J, Page l22-A, and whereas, such election,was dul~ held,. the returns , canvassed as shown :i.n-Volume J page 131 of the Commissioners Court Minutes, JUly,1955, , e and whereas on the 16ht day of as shown' by Volume J Page 140 of . ~ - . . /;' - the Commissioners Court minutes the. Court duly ordered the issuance of said bonds as follows: , i BOND NUMBER MATURITY DATE AHOUNT . (Inclusive' , 1 - - 15 July 15, 1956 $15,000 16 31 July 15, 1957 16,000 32 477 July 15, 1958 .16,000 , -. 48 -roO July 15, 1959 3,000 which said bonds shall beRr interest from date until paid at the rate of . two (210) per cent per annum, interest payable January 15, 1956, and semi- annually thereafter on'July 15th 'and January 15th of each year at the , . I First state Bank oL'Port Lavaca, Texas. Mnd whereas such bonds are now :i.n progress of delivery to the First state Bank of Port'Lavaca, Texas and constitute a lawful investment for any County Sinking Fund, and ,.'.. ___ ___ , . I - Whereas, the Calhoun County Memorial Hospital Sinking Fund declares _ .-. p ~ . ~ ~ - -- -"- . . , . . . , . l . ~ . 223 .... ," ? .' , i ). / , a balance of $53,056.64 as or date, and none of the current collecting during 1955, has been distrubited and are still in ~he escrow account and in excess of $50,000.00 or such funds are available for investment. It is therefore ordered that $50,000.00, the full amount ---- 1 I . of such issue be purchased by the Calhoun County Memorial Hospital I Sinking Fund at par and accrued interest, Mary Stephens, County Treasurer, is hereby authorized and directed to place such bonds. for safe keeping in the County Safety Deposit in the First State Bank, to the credit of the Calhoun County Memorial Hospital Sinking Fund, and to draw a warrant against said fund i~ the amount of $50,000.00 to be deposited to the credit of the Calhoun County Fire Equipment Available Fund, as an . . account in the Treasurer's office. It ,is further ordered t hat an additional transfer- in the amount of accreued interest be likewise made when the amount is determined by the C?unty Audito~. It is further ordered that in order to repay the General Fund for the advance made to purchase f rom Marshall Chevrolet Company I two (2) chevrolet, fire truck chassis, purChased by bid on the 13th day of Octobe, 1955, that the treasurer draw a warrant against the Calhoun County Fire Equipment Available Fund For deposit to the General Fund as follows: General Fund Warrants; Truck Motor No. 0393074p55F Truck Motor 'No. 03985l0p55E Total $2,278.50 2,a33~30 $4,51l.80 I . FIRE FIGHTING EQUIPMENT BONDS CERTIFICATE OF THE COUNTY ClERK THE STATE OF TEXAS I I COUNTY OF CALHOUN I I, the undersigned, Clerk of the County Court and Ex-Officio Clerk of the Commissioners Court of said County, do hereby certify that I the above and foregoing copies of - (a) Order of the Commissioners Court calling an election on the question of the re-allocation of the county taxes, and minutes per- taining to its adoption; I (b) Notice of election; (c) Affidavit of posting notice of election; (d) Affidavit, of publication of notice of election} (e) Election returns; (f) Order canvassing returns and declaring result of election, and minutes pertaining to its adoption; '- . . ..... ..ol ,... 224 00'" ~ ~ t::.o ~1 Ii " " I . I: \ . are true and correct copies of the originals nOl, on file and recorded in my ~I "- . : O' r FURTHER CERTIFY that the order calUng the election is of I ., office in the Courthouse in Port Lavaca, Texas. ,.. ~l'*, f - \\ i ok, ',,' "f t a- t record in Book J, Page 122-a, of the Minutes of the Commissioners Court. I FURTHER CERTIFY that the election returns are of record on Page 131, et seq., and that the order of the Court canvassing the returns and declaring the result of the election appear:3 of record on Page 131, Book J, of the hinutes of tne Co~nissioners Court. I , WITNESS MY HAND and the seal of the Commissioners Court, this the 15th day of December, 1955. ) :'/'" /s/ MAURICE G. WOOD CLERK OF THE COUNTY COURT AND EX-OFFICI" CLERK OF THE COM1HSSIONERS COURT, CALHO N COUNTY, TEXAS. . (SEAL) CERTIFICATE OF THE COUNTY CLERK THE STATE OF TEXAS f I COUNTY OF CALHOUN I .BOND ELECTION I, the undersigned, Clerk of ,the County Court anq..Ex-Officio Clerk of the Commissioners Court of said County, do here~ycertify that the I . . bonds, and minutes. pex>taining to its adoption; , are true and correct copies of the originals now on file and recorded in my office in the Courthouse in fort ~avac;, Te~as, , I FURTHER CEI1TIFY.that the order of the Comlnissioners Court calling the election is of record in Book J, Page l22-a et seq., of the I Minutes or the Commissioners Court. I FURTHER CERTIFY that the election returns are of record in I ~ i ."- I Book J, Page 13l,et seq., and that the order of the Court canvassing the returns and declaring the resulf of the election appears of record in , . ~ ~ P" .': Y'-~ - - M'" " """Il 225 .' / \ ~ Book J, Page 131, et seq., of the Minutes of the_ Commissioners Court., " I \ . , I FURTHER CERTIFf that the order of the Commissioners Court authorizing.~he issuance of the bonds was passed at a Regular Term .: 'J.'. -,' of s~:L(Lpour't:'; .a~l' members being present, and appears of record in Boo~'~f, Pag.e'14o~a"'i et seq., of the Minutes of the Commissioners Court. J --<!-~ ,.' . 'l' ~ ;"~{" ,WIT~ES~; ~ HAND and the seal of the Commissioners Court, this --",. , t the 15th day of December, 1955. \ I , " i (:SEAL) IS/,MAURICE G. WOOD CLERK OF THE CO UNTY COURT AND EX;,OFFICIO. CLERK OF THE COMllISSIONERS COURT, CALHOUN COUNTY, TEXAS. . -, ~.~ - THE STATE OF TEXAS I I COUNTY OF CALHO UN I , We, the undersigned, County Judge and members of the Commissioners Court of Calhoun County, Texas, do hereby certrfy that after l~vying the tax for-the $50,000.00 CALHOUN COUNTY FIRE EQUIPMENT BONDS, SERIES OF 1955, dated July 15, 1955~ ,there will remain for -the current year and for all future years while said bonds, or any of them, -. .. are outstanding, sufficient unencumbered taxes for general fund purposes I to pay all current exprenses against said fund. Witness our hands and the seal of the Commissioners Court, this the 15th. day of. December, 1955. ~/sl HOWARD G. HARTZOG COUNTY JUDGE . IslERNEST H. RADTKE COI1MISSIONER PRECINCT NO. j /s/CLARENCE BARTON COMMISSIONER PRECINCT NO.4 Isl FRANK E. WEDIG COMMISSIONER PRECINCT NO. 1 Is/ R~F. KEMPER COMMISSIONER PRECINCT NO.'Z . STATEMENT OF TAXABLE VALUES THE STATE OF TEXAS I I :COUNTY OF CAbHOUN I LO , , I I, the undersigned 'authority, Tax Assessor-Collector for 'Calhoun.County,Texas, DO HEREBY CERTIFY that the assessed value of property in said County ~or the year 1954, as' shown by the tax rolls of said County for said year, is $32~643,152,00. I further certify ,that t he assessed value of property in said County for the year 1955, a,s .shown .by. the. t'ax, rolls of said County for said year, the same being.~he ~&st. &pproved tax rolls of Calhoun County, I is $36,898,903.00. . ~ .. .. .. ., . .. -- WITNESS MY" HAND' and -seal ofof,fi.ce" ,this' the 15th day of December, 1955. . (SEAL) /s/ LEONARD M. FISHER BY ROSE A. SULLIVAN, DEPUTY TAX ASSESSOR-COLLECTOR, CMLHOUN, COUNTY, TEXAS. Ilo... ".. 226 00.... ~ ~ ~ ~1 ,1 . ~ STATEMENT OF INDEBTEDNESS THE STATE OF TE~AS I I COUNTY OF CALHOUN I ,. I I, the undersigned aU~hority, County Treasurer or Calhoun Co~n~y, 0Texas, do hereby certify that the fo~~owing is a true and, correct ,statement of al outstanding indebtedness of said County, as of the date last below shown:' I. BO~IDED INDEBTEDNESS: ,I Issued under section 52, Article 3, of the Texas Constitution: Purpose . D~te ,. Int. Rate Due AnlOunt Outstdg. Road 10-10-1927 5~% $10,000 4-10":1956 16,000 4-19-1957 $ 36,000 Issued under Section 9, Article 8, of the Texas Constitution and payable from Permanent Improvell1ent Tax:' . Hospital 8-15-1947 2'$ & 2i-% .. " Hospital 4-1-1953 2% ....& 2tf. , $11~000 8-15":1956/59 .\2,000 8-15-1960/61 $16,000 4-1-1956/58 15,000 4-1-1959/61 68,000 93,00'0 , II. WARRANT INDEBTEDNESS: NOli E:: t Issued under Section 9, Article 8, Texas Constitution - payable from General Rund Tax: I . III. PROPOSED BONDS: Fire EqUip. 7-15-1955 2% $15,000 7-15-1956 . 16;0007~15-1957/58 3,000 7-15-1959 50,000 " WITNESS l1Y 'OFFICIAL' SIGNATURE, this :tqe 15th day of December;'. /s/l1ARY STEPHENS COUNTY J~f\EASURER, CALHOUN COUNTY, TEXAS. 1955. .. THE STATE OF TEXAS I I COUNTY OF CALHOUN 1 I, the undersigned authority, County Clerk and Ex-Officio Clerk . , ,.. . of the Commissioner,S _Court of Calho,un County, Texas, DO HEREBY, CERTIFY that a tax reallocation election was held throughout Calho~ County, under provisions of the amendment to Section 9, Article,8, of the Constitution , . of Texas" on the 14th day ,of ~ay ,1955" and that the tax rates established by such re-a11ocation election are as follows: I GENERAL FUND . . . . . . . . . . . .301 PERJ1ANENT HIPROVEMENT FUND . . . . . Z51 , t -- ROAD AND BRIDGE FUND. . . . . 2J.j.1 JURY FUND . . . , . . . 11 I . . , . ...II1II r- ""l1lI 227 '. I I FURTHER CERTIFY that no election has been held in said -~. ..' :\ ..-: I County on the question of the further re-allocation of county taxes since said 14th day of May, 1955, and that. no proceedings for such an election are pending at this time. . WITNESS MY HAND a~d seal of the Commissioners Court, this the 15th day of December, 1955. " ; (SEAL) /s/ MAURICE G. WOOD COUNTY CLERK AND EX,:,OFFICIO CLERK OF THE COl'iHISSIONERS COURT, CALHOUN COUNTY, TEXAS. . SECRETARY TO"THE ,CO.UNTY JUDGE on;this'theJ:6th daY',<5.f,~DeceniQer, 1955, at a Regular Term of the Commissi:oners ..Court .,of, Calhoun County, Texas, .:wi th all members of the Court being present, on motion duly made seconded and adopted, . I it was ordered that Dorothy Woody, now on leave of absence pe authorized to return to service on the 19th day of December, 1955, and that Melody Fisher oontinue to remain on the paY,roll until December 31,1955, in orderto.~ssist Dorothy Woody in the preparation of the necessary papers and orders and instruments for the January 1st meeting. ------ Commissioners Court adjounned.. . I '''.: i:~ -X ,;;:~ :;' '^ :' ~_: I. . , ',,-1 ".'c:- )t .;:r ....~- e I I - e. i... .... JI"" 228 00'-' :s::J ~ I:X:l ~1 J"., " , ~~~ oJ. ;,t~.... ,.'\:.. c 1'0 , ".' . '-:$ . , , ~ . ."> ~~ ( SPECIAL JANUARY TERM .k\.. HELD JANUARY 4TH, 1956 I .!:("' : ,U:HE STATE OF TEXAS J~~ . C0UNTyROF CALHOUN , ~ ',:,. I BE IT REMEMBERED, that on this the 4th day of January, 1956, there I I I ~f~;~egun and holden at the Cou~thouse in the City of Port Lavaca, said I ,,:. C'5unty and State a Special 'rerm of theComrnissioners' Court within and ' I for said County and state, same being the Special January Term 1956, and there were present on this date'the following officers of the Court, to-wit: . Howard G. Hartzog, County Judge, .." - - - - - - - Frank E. Wedig, Commissioner Precinct No.1 R. F. Kemper, Commissioner Precinct No. '2 , ' . ~ ~... , :~ 't ~ . .'"- - -" Ernest H. Radtke, Commissioner Precinct No. 3 Clarence Barton, Commissioner Precinct No.4 - ..,. .... : < Maurice G: \~ood, County Clerk' , < ' WHEREUPON the follow ing orders were made a'nd entered by said C oUt' t, to-vlit: , , STATE HIGHWAY RIGHT-OF-WAY NOS. 35 & 185 GREEN LAKE INTERSECTION I On this the 4th day of January, 1956, at a Special Term of the Cmamissioners' Court of Calhoun County, Texas, with ail members of 8 the Court~ being present, there came on to be considered the request of the State>Highway Department as formally transmitted by letter of January 3, 1956, requesting the Commissioners' Court to secure add.. . itional right-of-\-Jay at the .intersection of State H.ghway Nos. 35 and ~ 1 185 in Calhoun County near Green Lake as .follows: . TEXAS HIGHWAY DEPARTMENT P.O. Box 27 Victoria, Texas. January 3rd.,1956. Controls 432-1 and 144-5 state H}ghway 185 Calhoun'County " I '\.' Hon. Howard Hartzog County Judge, Calhoun Port Lavaca, Texas. County Dear Judge Hartzog:- Last week this office presented you with field notes for secup- ing additional right of way for the purpose of widening existing state Highway 185 and 35 at the Green Lake intersection. This addition~l right-of-way is required in order to develop the proper interchange for traffic at'thi.s l.oca,tion, Pursuant to telephone conversation of .1 . . //' " '. ~ ./ ~ .... ~'. . \.. ~ '~.-. . ';1 . ....... 229 , -- ~~ ~ -- . this afternoon we wish to advise you our authority for this request. I \. Highway Commis~ion Order No. 36172, passed May 27, 1954 \\" "It is ordere.a <that the attached program of work comprosing the 1955 and 1956 Consolidated Highway Program be and is hereby approved for planGing, right of way and construction. The state' Highway Engineer is hereby dir- ected to inaugrate)planning work as well as the securing of right-of-way on this program, allid is further directed to co-ordinate the program with the revenues availp,ble to the Department in order that individual projects may be/financed by customary appropriation orders as the program develop- ment progre sses. II. St. 18t from st.')5 to st.258 ~. :.~ Miles.Gr., Strs.& s~r:.. Est. $290,000 st. 185 From St.238 to Seadrift 2.1 Miles Gr. Strs. & Surf. Est. $ 70,000 I We trust this information will be of assistance to you in your negotiations for this right-of-way. Very truly yours, . ' , W. A. KING . WAK!k CC Mr. M.G.Cornelius, District Engine~r. THEREUPON, on1motion made by Commissioner Barton seconded by Commis- sioner Kemper and unanimously adopted it ~Ias ordered that Minute Order I W~A.King, Sr.Resident Engineer. . . . of the state Highway Department No. 36172, of May 27, 1954, in so far as it relates to the Green Lake Intersection of state. Highways Nos. 35 and 185 be ordered accepted and that the County proceed to acquire the addi- tional right-of-way required therefor constituted' by the following des~ I cribed tracts: Jesse D. Rigby, Jr. et ux . Being a strip of land out of a 75 feet by 175 feet traot of land which is out of Lot 8, Blook L of the Welhausen &. Driscoll Subdivision in the Manuel Lopez Survey in Calhoun County, Texas, said 75 feet by 175 feet tract having been conveyed to Jesse D. Rigby, Jr., et ux, by Jesse D. Rigby, et.'\.lx,by deed dated June 17, 1954 and recorded in Volurae 92, page 355 of the deed reoords of Calhoun County, Texas, said strip of land being thus described by metes and bounds;: . , .. I BEGINNING at the point of intersection of. the-existing South R.O.W. of State Highway 35 and the West line of the Rigby 75 feet by 175 feet tract, said point being. 278.1 ft. N. 47 deg. l61.E and 27 ft. N 48 deg. 30' E with the existing South R.O.W. of State Highway 35 from the East R.O.W. of the st. L.B. & M.R.R., said point also being 50.0 ft. . from and at right angles to centerline sta. 300 + 27 of State Highway 35; THENCE N 48 deg. 30' E a distance of 75.0 ft. with the existing South R.O.W. of State Highway 35 to a point for corner 50.0 ft. from and at right angles to centerline Sta, 301+ 02 of, State Highway 35, said point also being the North corner of the Rigby 75 ft. by 175 ft. tract; THENCE S 41 deg. 30' E a distance of 10.6 ft. with the East line of the Rigby 75 ft. by 175 ft. tract to a point for corner in the pro- posed South R.O.W. of state Highway 35, said point being 60.6 ft. from . and at right angles to centerline Sta. 301 + 02 of-State Highway 35; THENCE S 45 deg. 38' W a distance of 75.1 ft. with the proposed South R.O.W. of State Highway J5 to a point for corner in the West line of the Rigby 75.f_t_. by 175 ft. tract, said point being 64.3 ft. from and at right angles to centerline Sta. 300 + 27 of State Highway 35; ~''-----~ THENCE N 41 deg. 30' W a distance of 14.3 ft. with the West line of the Rigby 75 ft. by 175 ft. tract to the place of beginning; . . Said strip of land containing within its metes and bounds 0.021 acres of land, more or less. / ..4 "'230 .r:. . .'~ ", .... . . . , ." .,'.- ".'1., :i' .' .. '"-.: ,j "T.' . '.. " , ~ Jesse D. Rigby, et ux Two tracts of land out of 160 acres ot land, a part of Lot 8, Block L of the \1elHausen & Driscoll Subdivision in,the Hanuel Lopez Survey in Calhoun County, Texas, said.16Qr;q,cres .haying been conveyed to Jesse D. Rigby, et ux, by Green .Lake Securities 'Corp,oratio,J::l'by deed dated April 15, 1942 and recorded in Volume 43, page 258 of t'h'e deed records of Calho.un County, Texas, i;aid two tracts of land being thus' describ:ed by I1ie,tes and bounds: , . TRACT NO. 1 BEGINNING at the .point of inters.ecti,on of the existing Sout.h R.O.lv. of state Highway 35 and th~,East R.b.w: of'the St. L'.B. & H.R.R., said point being the ltlest:c'oJ;'ner. of ~the Rigby l60,a2:re tract, said point also being 56.0 ft. from and' at right angies to centeriine sta. 297 + 22 of state Highway 35; , THENCE N 47 deg. 16' E a distance of 278.1 ft. with the' existi'~g South R.O.vl. of State Highway 35 :to a point for corner 50.0 ft. from and at right . angles to centerline sta. 300 + 00 of state Highway 35; THENCE N 48 deg. 30' E a distance of 27.0 ft. with the existing South R.O.W. of State Highway 35 to a point for corner 50:0 ft. from and at right angles to centerline Sta. 30b + 27 of State Highway 35~ said point also being the West corner of a 75 ft. by 175 ft. tract owned by Jesse DO' Rigby, Jr., et ux; THENCE S 41 deg. 30' E a distance of 14.3 ft. with the common line of the Rigby tract to a point for corner 64.3 ft. from and at right angles to centerline Sta 300 + 27 of State Highway 35; . pft. THENCE S 45 deg. 38' W a d~stance of 13.9/with the proposed South R.O.W. of state Highway 35 to a,point for corner 65.0 ft. from and at right angles to centerline Sta. 300 + 13.1 of State Highway 35; THENCE S 48 deg. 30~ W a distance of 291.1 rt. with the proposed South R.O.W. of state Highway 35 to a point for corner in the East R. O. W. of the St. L.B. & H.R.R., said point being 65.0 ft. from and at right angles to centerline Sta. 297 + 22 of State Highway 35; THENCE N 41 deg. 30' W a.distance or 9.0 ft. with the East line of the St.L. B. & M.R.R. to the-place of beginning; Said tract of land coptaining within its,tnetes and bpunds, 0.09 acres of land, more or less. , TRACT NO.2 ! Beginning at a point in. t\1e.existing South R.O.W. of State Highway 35 50.0 ft. from and at right angles to .centerline Sta. 301 + 02, said point also being the North corner of the 75 f~. by 175 ft..tra~t owne~ by Jes$e D. Rigby, Jr., et ux; . , . THENCE N 48 deg. 30' E a R.O.W. of State Highway 35 to angles to centerline sta. 303 .;- . t. "" .. distance of 211.1 ft. with the ~xisting a point for corner 50.0 ft. from and at + 13.1 of State.High~ay 35; . . South right . . THENCE S 45 deg. 38' N a distanc~ of 211.4 ft~ with the proposed South R. O. W. of State Highway 35 to a point for c<)rner in the East line of the Jesse D. Rigby, Jr., at ux, 75 ft. by 175 ft, tract, said point being 60.6 ft. from and at right angles to centerline Sta. 301 + 02 or State: Highway 35;. . , THENCE N 41 deg. 30' W-a distance of 10.6 ft. with the East line of the Jesse D. Rigby, Jr" et ux, 75 ft. by 175 ft. tract to the place of beginning; , J '0: .. Said tract of land containing within its metes and bounds 0.03 acres of ../; land, more or less.. _ ~_-=,_f' , F~~ ~_. ~ . " .~.- . " j. " ., , . , ~dfr .' oo"""ll :.:z::: c...,. ~ N_ . I I . I . I f 'I \. ~ '\4 ", ./ . ~ ,.' , . . " 'J~ " \ . . .... "" ..-::....1.... I . I ( >' y -- / ~ '. ... ' " '~J:' ~-.'~ ;" """Il _ ,-",:,c23.l -..... "\ .i:ti:~', . ". _",I. .~( ~,~:r,'_o. , .' . , , j, ,. . ::: ;.' (~. "- Maddeline T. Bauer, et vir '\ , , I ~I I Being two tracts of land out of 629.58 'acres of land in the )Ianuel LOp'ez Survey in Calhoun County, Texas, said 629.58 acres of land having been conveyed to T. P. Traylor by,deed dated Feb~uary .14, 1917 and recorded in Volume 8,. page 607 of the deed, recoJ:'ds .of Calhoun C'ounty, Texas, said t..o tracts 01\ land being thus desC,ribed"fY metes and bounds: .' . f TRACT NO.'J )('1... ~' I i..{\ ., H.~\ !;....... 'I " ~ :., \,'f .. ',: r\, Beginning at the point of intersection 01, the existing South R.O.W. of state Highway 35 and the West R. -0. W. of state High\.my 185, said point being 103.0 ft. from and at right, angles ;to centerline Sta, 20 .+ 44.1 of state. HighHay 185 and 50.0 ft. from and at r:ight ,angles to centerline sta. 294 + 09 of state Highway.35; THENCE S 43 deg. 47' E ~distance of 433,) ft. with the existing West R. O. W. of state Highway 185 to a point for corner 85.5 ft. from and at right angles to centerline Sta. 24 + 77 of State Highway 185; THENCE s 50 deg. 40' E a distance of 290.7 ft,lith the existing West R.O.W. of state High..ay 185 to a point for corner, being the East corner of the 629.58 acre'tract, and being 39.0 ft. from and at right angles to centerline Sta. 27 + 64 of state HighHay 185; , THENCE s 48 deg. 32' W a distance of a8.7 ft. with the Southeast line of the Bauer 629.58,acre tract, said line being the Northwest line of a tract oHned by Mrs. Bodien Lucas, to a point for corner in the pro- posed ~iest R.O.W. of State Highway 185 77.7 ft. f~om and at right angles to centerline Sta. 27 + 6h of State High..ay 185; ~Hl-(Paragraph omitted-see below) THENCE N 41 deg. 28' W a distance of 255.9 ft. ..ith the proposed West R.O.W. of State Highway 185 to a poin~ for ~orner 125.0 ft. from and at right angles to centerline Sta. 21 + 4!~.1 of State Highway 185, said point also being 150.0 ft. from and at right angles to centerline sta. 293 + 87 of state Highway 35; THENCE N 86 deg. 27' W a distance o~ 99.0 ,ft. with the proposed West R.O.W. of State HighHay 185 an4 the p'roposed South R. O.W. of S~a~e. High..ay 35 to a point for corner 19,.0 ft. from and at ,right angles to centerline Sta. 20 + 74.1 of State Highway 18" said point also being 80.0 ft. from and at right angles to center~ine S~a. 293 + 17 of state Highway 35; THENCE s. 48 deg. 30' W a distance of 200.0 ft. Hith the proposed South R.O.W. of State Highway '35 to a point for corner 80.0 ft. from and at right angles to centerline Sta. 290 + 37 of State High..ay 35; THENCE s ,9 deg. 49' H. a distance .of 102.0 ft. with the propo,sed South R.O,W. of State HighHay 35 to a point for corner 60.0 ft. from and at right angles to centerline Sta. 289. + 37 of State Highway 35; THENCE s 48 deg. 30', W. a distance of 1028.8 ft. with the proposed South R.O.W. of state Highway 35 to a point for corner 60.0 ft. from and at right angles to centerline Sta. 279 + 08.2 of State Highway 35; THENCE s 6, deg. 12' W a distance of 34.8 ft. Hith the ~oposed South R.O.W. of state Highw~i 35 to a point for corne~ in the existing South R.O.W. of state Highway 35 50.0 ft. from and at right angles to centerline Sta. 278 + 74.~ or State Highway 35; THENCE N 48 deg. 30' E a distance of 1534.1 ft. with the existing South R.O.\~. of state Highway 3" to ,the place of beginning; Said tract of land containing within 'its met'es' an'd bounds 0.:86" a'cres of land, more or less. ' . .... ~.~ " . I \ I . I I TJlAC,T NO. 2 Beginning at the point of intersection of the existing North R.O.W. of State Highway 35 and the West line of a 60 ft. County Road, said corner being ,0 ft. from and at right angles to centerline Sta.294 + 12 of State fu~Q~; . THENCE s 48 deg. 30' W a distance of 1620.4 ft. with the existing NorthR.O.\~. of State Highway 35 to a point for corner 50 ft.' from and at right angles to centerline Sta. 277 + 91.6 of state HighHuy 35; -lH:,THENCE N 48 deg. 52' W, a d;j,stance of 161.1 ft. with the 12roposed West R!O.W. of State HighHaY,lej to a point or corner 12~.0 I't from and at r~ght angles to centerl~ne Sta. 24 + 00 of state Hignway 16,; , . ~", '- .. ... ... ~_....~:- /..... '" 232' > ,1....11:,.11(... 00-' ~ ~ ttl N t' . .:\ , " I 'I ;"'jt; .' ,'~ '. . .: ,~-:;: ~: , _0,( '.i: ' f: ., . , 1". ." , . '. ' ,': . ,: ;'~:" .I} ~- TH~CEN 31 deg. 48' E a R.,O.W. of state ,Highway 35 to angles to" cente1line sta.. 279 .. ~. ,THENCE N 4~ deg. 27' E a R.O.W. of state .Highway 35 to angles to cente~line Sta. 289 distance of 191.4 ft. with the proposed North a ;point for corner 105 ft. from and at rigm +74.9 of state Highway 35; distance of 937.4 ft. with the proposed North a point .for corner 155 ft. from and at right + 11 of state Highway 35; I THENCE N 48 deg. 30' E a distance of 501.0 ft. with the proposed North . R.O.W. of state ,Highway 35 to a point for corner in the West line of the 60 ft. County Road, said po}nt being 205 ft. frOTIl and at right angles to centerline sta. 294 + 12 of state Highway 35; . . . THENCE S 41 deg. 30' E a distance of 105.0 ft. with line of'3aid' county road to the place, of beginning; Said tract of land ~ontainning within xts metes and bounds 3.04 icres of lana, more or less. I Maddeline T. Bauer, et vir Bihng a tract of land out of 629.58 acres of land in the ~1anuel ~,opez Survey in Calhoun County, Texas, said 629.58 acres of land havinE been CC!1- veyed to T. P. Traylor by deed dated February 14, 1917 and recor ded in Volume'o8, Page 607 of the deed records of CaJ:houn 'County, Texas, said tract of land being thus described by metes and bounds: Beginning at a point in the new West R.O.W. of 'state Highway 185, said point being 89.22 ft. from and at right angles to centerline sta. 26 + 74.02 of state Highway 185; THENCE S 44 deg. 43' W a distance of 401.57 ft. to a point for corner; .. , THENCE N 45 deg. 17' W a distance of 50.0 rt. to a point for corner; - , . THENCE N 44 deg. 34' E a distance of 398.43 ft. to a point forcor~ ner in the new West R.O.W. of Stave Highway 185 . 95.68 ft. from and at right angles to centerline sta. 26 +.24.34 of State-,Highwa.y 185; THENCE s 48 deg. 52' E a distance of 50.10 ft. ~i'th the new West. R.O.W. of Sta ce Highway 185 to the place of beginning; '~, . . Said tract of land containing within i.ts metes and bounds 0.46 acres of land more or less. .. ~ .. I .. .. .. Edward A. Sibley, Houston M. Scarborough, and Arthur W;Mueller ~> TRACT NO. 1 A part of a 6.7 acre tract of land in Lot .e of .the Welhausen ,and. Dris-' colI Subdivision in the Manuel Lopez 'Survey, said ~.7 acres havi~g been conveyed to Edward A. Sibley by Green Lake Securities Corpora1ion by deed dated l'1ay 30, 1942 and recorded in Volume 44, Page 235 of the deed records of Calhoun County, Texas; and an undivided 1/2 int.erest in saie, 6.7 acre tract having been conveyed to Houston N. Scarborough and Artht:lr, W. l',lueller by E. A. Sibley by deed dated October 28, 1942 and recorded in Volume 47, Page 221 of the deed records of Calhoun County, Texas, said ':Ji"r-act No. '1 being thus described by metes and bounds: . . . ... BEGINNING at the point of intersection of the North R.O.W. of state Highway 35 and the East R.O.h'. of the st. L.B. & N'R.R., said ])oint being the Southwest corner of the 6,'7 acre. tract, said point also being 56 ft. from and at right angles to centerline sta. 297 + 22 of state Highway 35;' THENCE N 41 deg. 30' w. a distance of 99.0 ft. with the st. L.B & N.R.R;. R.O.W. line, said line being the W~st line of the 6.7 acre tract, to a point for corner 155.0 .ft,. 'from and at right angles to centerline sta. 297 + 22 of state Highway 35; . THENCE N 48 deg. 30' E a distance of 11.6 ft" with the proposed North R.O.W. of state Highway 35 to a point for ~orner 155.0 ft. from ~nd at right angles to centerline sta. 297 + 3J.6 o~ State Highway 35, saia point also being 110.0 ft. from and at right angles .to 'centerline Sta. 433 + 15.40 of F.~1. Highway 404;' , I #~ p~- ~. - _..../ 4~ ~.P p ~- I~. .'01(.' , . . . ~ ~.""'.... ~'- -'--'.. I""" ,,-,';' <7" .' ....,"',..,' .... '''h'''''i~~'1:-t.\r..:: : _'. ~ /C. , 2.33' <. '/'''~ " .: .>I.~> . '-,.~ I ,1./ " I THENCE N 3 deg. 30' E a distance of 84.9 ft. with the proposed North R.O.W. line of state Highway 35 to a point for corner in the existing west R.O.W. of F.M. Highway 404, said point being 215.0 ft. from and at right angles to centerline sta. 297 + 93.6 of State Highway 35 and also being 50.0 ft. from and at right angles to centerline 3ta 432 + 55.40 of F.M. Highway 404; THENCE s 41 deg. 30> E a distance of 160.6 ft. with the existing West R.O.W. of F.M. Hiclnway ~,04 to its intersection with the existing North R.O.W. of state Rjighway 35, said point being 50.0 ft. from and at right angles to cent~rline sta. 434 + 16.0 of F.M. Highway 404 and also being 54.4 ft. frofu and at right angles to centerline Sta. 297 + 93.6 of state Highway 3~; . I ' THENCE S 49 deg. 4W."'W a distance of 71.6 ft. with the existing North R.O.H. of StateH~ghway 35 to the place of beginning; I Said Tract of land containing within its.metes and bounds 0.21 acres of land, more or less. .' TRACT NO.2 A part of a 212.75 acre tract being 1/2 of Lots 3, 4,5,6, 7, & 8 East of F.M. Highway 404 and North of state Highway 35, all being out of the Wellhausen & Driscoll Subdivision in the Manuel Lopez Survey, said 212.75 acres having been conveyed to Edward A. Sibley by Green Lake Securi tie s C orporat ion by deed dated May30, 1942 and recorded in Volume 44, Page 235 of the deed records of Calhoun County, Texas; and an un- divided 1/2 interest in said 212.75 acre tract having been conveyed to Houston M. Scarborough and Arthur W. Mueller by E. A. Sibley by deed dated October 28, 1942 and recorded in Volume 47, Page 221 of the deed records of Calhoun County, Texas; said Tract No.2 being thus described by metes and bounds; . I BEGINNING at the point of intersection of the existing East R.O.W. of F.H.Highway 404 and the existing West R.O.lv. of state Highway 35, said point being the South corner of this ~r~c~ and being 50.0 ft. from and at right angles to centerline Sta. 434 + 78.1 of F.M. Highway 404 and 52.3 ft. from and at right angles to centerline sta. 298 + 93.6 of State Highway 35; . I THENCE N 41 deg. 30' W. a distance of 202.7 ft. with the existing East R.O.W. of F.M. Highway 404 to a point for corner in the proposed North R.O.W. of State H,ghway 35, said point being 50.0 ft. from and at right angles to cent~rline st'a. 431. '+ 75.4 of F.M. Highway 404 and 255.0 ft. from and at right angles to centerline Sta. 298 + 93.6 of state Highway 35; THENCE S 86 deg. 30' E a distance of 141.4 ft. with the proposed West R.O.W. of State Highway 35 to a point for corner 155.0 ft. from and at right angles to centerline Sta. 299 + 93.6 of State Highway 35, said ppint also being 150.0 ft. from and at right angles to centerline' Sta. 433 + 75.4 of F.M. Highway 404; THENCE N 48 deg. 30' E a distance of 419.5 ft. with the proposed North R.O.W. 010 State Highway 35 to a point for oorner 155.0 ft. from and at right angles to centerline sta 304 + 13.1 of State Highway 35; THENCE N 53 deg. 44' E a distance of 602.5 ft. with the,proposed North R.O.W. of State Highway 35 to a point for corner 100.0 ft from and at right angles to centerline Sta. 310 + 13.1 of State Highway 35; THENCE N 48 deg. 30' E a distance of 300.0 ft. with the proposed North R.O.W. of State Highway 35, to a point for corner 100.0 ft. from and at right angles to centerline Sta. 313 + 13.1 of State Highway 35; THENCE N 62 deg. 30' E a dista~e of 206.2 ft. with the proposed North R.O.W. of State Highway 35, to a point for corner in the existing North R.O.W. of State Highway 35, 50.0 ft. from and at right angles to centerline sta. 315 + 13.1 of state Highway 35; THENCE S 48 Deg. 30' W a distance of 1513.1 ft. with the existing North R.O.W. of State Highway 35 to a point for corner 50.0 ft. from and at right angles to centerline Sta. 300 + 00 of State Highway 35; THENCE s 49 deg. L~4' N a distance of 106.4 ft. with the existing J{orth R.O.W. of State Highway 35 to the place of beginning; . I . ~':6;',. ~':~,:t: '\ ' ..... ...,j ""-234 00-' ~ ~ tx'l N . . , Said tract of land containing within its ~etBs.and bounds 2.59 acres of land more or less. ACQUISITION OF RIGHT OF WAY AT ~NTERSECTION OF,STATE HIGHWAY NOS. 35 & lb5 AT GREEN LAKE I On this the 4th day of Joouary, 1956,'at a'Special Term of the Com- missioners' Court of Calhoun County, Tex~s! with ~ll member~ 'of the Court being present, there came on to be considered the acquisition of right-of- way for State Highway No. 35 at the intersection of State High'Jay No. 185 . .. ~ .. I adjacent to Green Lake and the Court after consideration of right-of-way requested to be acquired by tne stat~ of Texas, and finds that the same ,is classified on the tax rolls as ranch and agricultural l~nds and is render- ed for taxes at $17.25 per aCl'e and that the fafr market value thereof is the sum of $100.00 per acre. That negotations have heretofore'been made with the owners thereof and that no agreement has been reached therefor. On motion made by'Commissioner Barton seconded by Comm~ssioner Kemper, that each of the owners thereof oe offered the sum of $100 per acre for land and $200.00 damages for the land to be acquired and that after this offer is sub~i~t~d, unless the same be accepted prior to the 9th day of January, 1956 that the County Attorney; Jack Fields assisted . . by R. A. Barton, be instructed to ins~rtute proceedings 'in eminent domain to acquire the same in the name of the state of Texas,~and the County Judge is hereby authorized and directed to 'transmit the final offer by registered mail to the owners for t"heir 'acceptance or refusal'. . .. .. .. .. I , . , ~~ ~~ ~~ .. ,~ .. i~ ~~ i~ ., ,r ~~ SALARY INCREASE On.thisthe 4th day of January', 1956, at a special, Term of the Commissioners' Court of Calhoun County, Texas, with all.members 'of too . Court being present, the following notice was, give~ on motion by Commis- sioner Barton, seconded by cOIl1lriissioher Kemper and unanimously carried. NOTICE Notice is hereby given that the Commissioners' Court under the , . . . authroity of law, on January 14, 1956 will consider amendments to its . . I annual budget so as to in~rease the' compensation of the District 'Clerk from $1400.00 per annum to $2100..00 per annum and ~.c:J ~m,ake-such other salary adjustments as the finances of the County Will permit. Howard G. Hartzog , Howard G. Hartzog County Judge I ATTEST: Maurice G. Wood Maurice G. Wood County Clerk, Calhoun County, Texas By Wava,Schliesing, Deputy < ~- - - - - ~ Meeting adjourned. .' . ~ .....1 '" ""I 235 . 1 REGULAR JANUARY TERM HELD JANUARY 9 & 10, 1956 COUNTY OF CALHOUN I 1 n THE STATE OF TEXAS BE I~ REMEMBERED, that on this the 9th and 10th days of January, 1956, 1 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State a Regular Term of the Commissioners' Court within and ror said County and state, same being the Regular January Term 1956, and there were present on these dates the following officers of the Court, to",vJit: . HOWARD G. HARTZOG, COUNTY JUDGE FRANK E. WEDIG, COMHISSIONER PRECINCT NO.1 R. F. KEMPER, COMMISSIONER PRECINCT NO.2 ERNEST H. RADTKE, COMNISSIONER PRECINCT NO.3 CLARENCE BARTON, COMMISSIONER PRECINCT NO. 4 MAURICE G. WOOD, COUNTY CLERK WHEREUPON the follow.ing orders were made and entered by said Court, I to-wit: - - - - - - - - - - - - - - - - - - - PETITION OF JUSTICE OF PEACE On this the 9th day of January, 1956 at a Regular Term of the Com- missioners' Court of Calhoun County, Texas, with all members of the Court being present~\Judge Frank Kelly and Judge Ben Thomas of Justice Precincts 1 and 3 respectively, appeared before the Commissioners' Court to request that no change be made in the basis of compensation to their offices, with . a change to a fee basis because of the errort on parties before the res- pective Courts where it is believed that the judge for a personal intent and gain for the assessment of a fine. On motion duly made,seconded and unanimously carried, it was ordered that the salary basis would be con- tinued for the existing Justice of the Peace officers. 'I - - - - - - - - - - - - - - - - - - RURAL FIRE FIGHTING EQUf~}ffiNT On this the 9th day of -January, 1956, at a Regular Term of the Com- missioners' Co~rt of Calnoun County, Texas, with all members of the Court ,I being present, Mr. Cecil Blake and Billie Zwerschke, Jr. in behalf of the Port Lavaca Fire Department, appeared before the Court and stated that they had the agreement of three men from Port Lavaca and one from Port O'Connor to attend the EqUipment training, school of John Bean Co. . ..... ~ '" 236 ao"""ll ~ ~ ttJ N . . as soon as both trucks were completed and that the firemen~ would pay their own expenses and would keep receipts of' all expenditures for transportation, meals and housing and would bring back the two trucks at the conslusion of 1 the training period. The question was raised as to the payment of the necessary gas and oil on the return trip and the County Judge was authorized to contact a I' representative of the company to determine the method of payment. - - - - - - - - - - - - - - - - - - - - ED. SMITH HOMESTEAD LOTS On this the 9th day of January, 1956, at a Regular Term of the Com- . missioners' Court of' Calhoun County, Texas, with all members of the .Court being present, it was called to the ,attention of the Court that the heirs of' Ed. Smith, owners of the lot and a palf to the rear of the County jail, . , has reduced their price f'rom $12,0.00 to $7,000 for the purchase of the pro- perty. The Court herein previousl~ offered the sum of $5000 for the pro- perty for County use, thereupon, on motion made by Clarence Barton .seconded by Frank Kemper, it wa,s unanimously ordered that the offer of' the Ed. Smith heirs, be accepted and the treasurer authorized to pay such heir:3 the sum of $7,000 out of the Improvement Fund upon the Delivery of ,a ,warranty deed ,to Calhoun County, executed by all the heirs and approv:al by the attorneys ror the County, to be paid out of the Improvement Fund and, thereafter to I be transfered to any special Courthouse fund wherein provided. APPROVAL OF CLARENCE SCHICKE SUB-DIVISION NO.4 At a Regular Term or the Commissioners' Court of Calhoun County, Texas . - with all members of the Court being present on this the 9th day or January, 1956, on motion duly made, seconded and unan~mously carried, the, Clarence SChicke Sub-Division No.4 of Schicke Estate Part of Partition Tract No. 11, Out of North 80 ac. of S.W. 1/4, Section 50, Kock SiD, James Hughson Survey, '.' 9 Calhoun County, Texas, surveyed 11-29-1955, was ordered filed for record. - - - - - - - - - - - - I' CONSTABLES CAR REPAIR On this the 9th day of January, 1956, at a regular term of the Com- / missioners' Court of Calhoun County, Texas, with all members of. the Cour..t~-<"'-<' being present, on motion made, see ended and carried the bills t.otaling $108.48 in improvements to Matthew Cormier"JC6nstable Pro #4 was denied as not be~ng a proper obligation of Calhoun County, but a pers9nal obliga- tion of the Constable. 1- ., l ..... ~ ,< >.-~::.,"" . ;', :-'>,-, > ' , """Il ."237 ....,.. '. .: ,j' \ . '. ." ,,", ' I DEEP WATER HEARING On this the loth day of January, 1956, at a Regular Term of the . , Commissioners' Court of Calhoun County, Texas,. with all the members . .;. of the Court being present, it was called to the attention of the Court, that whereas, a tentative meeting has been indicated.during I the month of February before the Public Works Committee of Congress in Washington, D. C., to hear the proposal for a thirty-six foot channel Two Hundred feet wide from Pass Cavalla to Lavaca Bay, and whereas this project is of major importance to the citizens of this \ area and the Commissioners' Court deems it proper a~d necessary \ that it be represented at such hearing. \ . Therefore on motion made, seconded and unanimously carried it is ordered that each member of the Court be authorized to attend such hearing and the County Judge be authorized to be absent from the County for such purpose. RESIGNATION OF ROY F. ADAMS COMMISSIONER,DRAINAGE DISTRICT NO.,7 I On this the lOth day of January, 1956, at a Regular Term of the Comrnissioners' Court of Calhoun ~ounty, Texas, with all members of the Court being present. there came on for.consideration,the letter.of . . Resignation of Roy F. Adams of Long Mott, Texas, as drainage Commissioner of Drainage Distriot No. 7.of Calhoun County, Texas, to be effective upon . the selection of a successor. Thereupon on motion made by Clarence Barton seconded by Frank Wedig, the conditional resignation was accepted with . regret subject to the appointment of a successor. . TREASURERS REPORT APPROVED FOR DECEMBER On this the lOth day of Ja~uary,i956, 'at a Regular Term of the . , Cornmissioners Court of Calhoun County, Texas, with all members of the I Court being present, Miss Mary Stephens, County Treasurer, presented her report for the month of December, and'it i:laving been read in open Court, and the Court having duly considered the same tQgether with the exhibits . . . . accompanying same, and having the balances compared in the various accounts and finding said report to be correct,.on motion duly made .. I seconded and unanimously carried the County Treasurers report for the month of December, 1955, be and the same is here!:>y_ approved. It is so - ordered. - - - - - - - - - - - - - - - - - - t - . ..... .ol 'f238 .. ~l e':'J N . RIGHT OF WAY OF STATE HIGHWAY 35 ACQUISITION BY EMINENT DOMAIN On this the lOth day of January, 1956, at a Regular Term of theCommis- sioners' Court or Calhoun County, ,with all members of the Court beingp~esent, I whereas, the Court has received notice from ArthurW. Mueller, Attorney for Edward A. Sibley, Houston M. Scarborough and Arthur W. Mueller, refusing the offer of the Court for the purchase of right of way across their property " I constituted by two tracts as recorded in the Minutes of the Commissioners' Court, Volume J, Pages 232-233-234, Special January Term, and further negota- tions under the facts would be useless, therefore, on motion made by Commis- sioner Barton, seconded by Commissioner Wedig, and unanimously carried, it is ordered that County Attorney Jack Fields, assisted by Roy Barton be authorized to proceed in eminent domain to acquire an easement for such . right of way across the following described lands: TRACT NO.1 A part of a 6.7 acre tract of land in Lot 8 of the Welhausen &.Driscoll Sub- division in the Manuel Lopez Survey, said 6.7 acres having been conveyed to' Edward A. Sibley by Green Lake Securities Corporation by'deed dated May 30, 1942 and recorded in Volume 44, Page 235 of the deed records of Calhoun County, Texas; and an undivided 1/2 interest in said 6.~ acre tract having,been con~ veyed to Houston M. Scarborough and Arthur W. Mueller by E. .A.. Sibley by. deed dated October 28, 1942 and recorded in Volume 47, Page 221 of the deed records of Calhoun County, Texas, said Tract No.1 being.thus described by metes and bounds: . BEGINNING at the point of intersection of the North R.O.W. of State Highway 35 and the East R.O.W. of the st. L. B. & M. R.R., said. point being the Southwest corner of the 6.7 acre tract, said point also being 56 ft., from and at right angles to centerline gta. 297 + 22 of State Highway 35; THENCE N 41 deg. 30' W a distance of 99~0 ft. with the st. L..B. & M. R.O.W. line, said line being the West line of the 6.7 acr'e tract, to a for corner 155.0 ft! from and at right angles to centerline Sta. 297 + State Highway 35; I R.R. point 22 ct: THENCE N 48 deg. 30' E a distance of H.6 ft., with the proposed North R.O.W. of State Highway 35 to a point for corner 155.0 ft. front and at right angles to centerline Sta. 297 + 33.6 of State Highway 35, said point also being 110.0 ft. from and at right angles 'to centerline Sta 433:+ 15.40 of F.M. Highw~~ 404; THENCE N 3 deg. 30' E a distance of 84.9 ft. 'with the proposed North R.O.W. line of State Highway 35 to a point for corner in the eJl:isting West R.O.W. of F.~.~..Highway 404, said point being 215.0 ft. from and at right angles to centerline Sta. 297 + 93.6 of State Highway 35 and also being 50.0 ft. from and at right angles to centerline sta.432 + 55.40 of F. M. Highway 404;. . THENCE S 41 deg. 30' E a distance of 160.6 ft. with the e,xisting West R.O.W. of F.M. Highway 404 to its intersection with the existing North R.O.W. of State Highway 35, said point being 50.0 ft. from and at"'right angles to centerline Stal 434 + 16.0 of F.M. Highway 404 and also being 54.4 ft. from and at right angles to centerline Sta. 297 + 93.6 of State Higrrnay 35; THENCE S 49 deg. 44' W a distance of 71.6 ft. with the existing North R.O.W. or State Highway 35 to the place of beginning; . I Said tract of land containing within its metes ID d bounds 0.21 acres of land, more or less. ~..~r.&C~~ I .... . '\ . ) -- ". " l ~ ~ '7 f ,. """Il 239' h:" "i " . "'~ \, ,".. ,t, ... I . .., . ,'" .t~~ A part of a 212.75 acre tract being 1/2 of Lots ), 4, 5, 6, 7, ~ 8 East of P.M. Highway 404 and North of State Highway 35, all being out of the We~lhausen & Driscoll Subdivision in the Manuel Lopez Survey, said 212.7,'acres having been conveyed to Edward A. Sibley by Green Lake Securr~nes Corporation by deed dated May 30, 1942 and recorded 'in Volume 44, Pag~ 235 of the deed records of Calhoun County, Texas; and an undivid- ed rj2,~nterest in'said 212.75 acre tract having been conveyed to Houston M. Scarborough and Arthur W. Mueller by E. A. Sibley by deed dated October 28, 1942 and recorded in Volume 47, Page 221 of the deed records of Cal- houn County, Texal?,.';, said Tract No.2 being thus described by metes and bounds: TRACT NO. 2 I I BEGINNING at the point 'of intersection of the existing East R.O.W. of F.M. Highway 404 and th~existing West R.O.W. of State Highway 35, said point being the South corner of this tract and being 50.0 ft. from and at right angles to centerline Sta. 434 + 78.1 of F.M. Highway 404 and 52.3 ft. from and at right angles to centerline Sta. 298 + 93.6 of State Highway 35; '" THENCE N 41 deg. 30' W a distance of 202.7 ft. with the existing East R.O.W. of F.M. Highway 404 to a'polnt for corner in the proposed North R.O.W. of State Highway 35, said point being 50.0 ft. from and at right angles to centerline Sta. 431 + 75.4 of F.M. Highway 404 and 255.0 ft. from and at right angles to centerline Sta. 298 + 93.6 of State Highway 35; THENCE s. 86 deg. 30' E a distance 01"141.4 ft. with the proposed West R.O.W. of State Highway 35 to a point for corner 155.0 ft. from and at right angles to centerline Sta. 299 + 93.6 of state Highway 35, said point also being 150.0 ft. from and at right angles to centerline sta. 433 + 75.4 of F.M. Highway 404; THENCE N 48 deg. 30' E a distance of 419.5 :Ct. with the proposed North R.O.W. of State Highway 35 to a point for corner 155.0 ft. from and at right angles to. centerline'Sta. 304 + 13.1 of state Highway 35; THENCE N 53 deg. 44" E a distance of 602., ft. with the proposed North,R.O.W. of State Highway 35 ~o a point for corner 100.0 ft,from. and at right angles to. centerline Sta. 310 + 13.1 of State Highway 35; THENCE N 48 deg. 30' E a distance of 300.0 ft. with t he proposed North R.O.W. of state Highway 35, to a point for corner 100.0 ft. from and at right angles to centerline sta. 313 + 13.1 of State Hfghway 35;' THENCE N 62 deg. 30' E a distance of 206.2 ft. with the proposed North R.O.W. of State Highway 35, to a point for corner in the existing North R.O.W. of State Highway 35, 50.0'ft. from and at right angles to centerline Sta. 315 + 13.1 of State Highway 35; THENCE S 48 deg. 30' W a distance of 1513.1 ft. with the existing North R.O.W. or State Highway 35 to a point ror corner 50.0 ft. from and at right angles to centerline Sta. 300 + 00 of State Highway 35; THENCE s 49 deg. 44' N a distance of 106.4 ft. with the existing North R.O.W. of State Highway 35 to the place of beginning; Said tract of land containing within its metes and bounds 2.89 acres of land, more or less. '.:1-"' . . I INSURANCE CO VERAGE COUNTY EMPLOYEES I On this the 10th day of January, 1956, at a Regular Term of the Com- missioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion made by Clarence Barton, seconded by Frank Wedig and unanimously carried it was ordered that the agents of the group policy plan of Travelers Life Insurance Company, that carries the County Workmens n Compensation be authorized to proceed to contact county employees for coverage and that based upon such survey, a formal order be adopted at the next term of the Court. - - - - - - - - - - - - - - - \ . h ~ ...,j r:-240 : 00'" ~~ ~ ~-l''f'Pl r....:,.,/ 1'.1 . c j 'f. ';: '. ji;: . ..."r ;) ,. . } , , EQUIPMENT. FOR PRECINCT No.4 ,On this the lOth day of January, , . ~. 1\ Court of Calhoun , , 1956, at.'..a Regular .,! Term of the Commissioners' I County, Texas, with all member~ of the Court being present, on ! ~" . . .\.1' - ~ . .: motiionmade by Clarence Barton, seco'nded by Frank .Wedig, and unanimously carried, j , is to be advertised for bid Tor use of Commissioners' the fo~lowing equipment . 'Precind~ No.4. . 'f" ' 1', ': :{, ), : 1 ,,' :;'..' ".~ " , ~ ~ , NOTICE ~O BIDDERS Take notice t~at sealed bids addressed t~ the' undersigned will be received , . I . . , by the Commissioners' Court, in the C'ourthouse" in Port L'avaca, Texas, until 10:00 o'clock A.M. on the 13th day of February, 1956, for the following des- . cribed equipment for use by Calhoun County Precinct No. 4~ file their bids as follows: Each bidder shall , , . Bid No.1: Three- Two ton trucks, equipped with two speed .rear axle, 7.50 x 20 8 ply front tireS and 8.25 x 20 10 ply rear tires, and three yard water level dump bed, less trade in on three, 1953 dump trucks, to be viewed at the County . " , Warehouse in Seadrift, Texas. Bid No.2: One - one-half ton'pickup truck, less trade-in:of' one 1953 pickup truck, to be viewed at the County Warehouse in I' Seadrift, Texas. A certif'ied check in the sum of f'i ve per cent (5%) or the amount or bid must accompany each -bid. The Court reserves the right to reject any or all bids or parts of' bids. Howard G. Hartzog County, Judge, Calhoun County, , Texas. . - - - - - - - - - - -- -- - BUDGET . At the first regular' meeting of the Commissioners' Court in and for Cal- houn County, Texas, held in the regular meeting place 61' said Court in the County Courthouse at Port Lavaca, Texas, on the 14th day of' January, 1956, with County Judge Hartzog presiding, and Commissioners Wedig, Kemper, Radtke and Barton present, and the County Clerk in attendance, there having come on for hearing the matter of fixing salaries for the calendar ye~r 1956, it was moved by Commissioner Barton that all County and Precinct Offfcers and their deputies and assistants and Constables be compensated on a salary basis for the calendar year 1956, and, that the County Clerk be, and he is hereby, ordered and directed to f'ile a certif'ied copy of this order with t he state Comptroller of Pub]ic Accounts at Austin, Texas, on or before January 31st, 1956. I I - . II l ~= ,.. .' .,," ,:;}:~~,; . ')".., ~, ~, .' '. '.,,-........... 241 . ~, ~o \. . , ~ j"". . ."i f~ :';; :~ - . \ J. '-,.;, ,.-; ; ) . \. :l,.~ " ~I '1 . I . I I . i . ~- . " , , " ,l , , Motion ,.seconded by Commissioner Wed:!-g. Ques~ion. Motion carried. It is so ordered. '.' , "\ ... , HOWARD G. HA~TZOG Co~nty Judge in and for Calhoun,Coun~y, rexas (SEAL) ATTEST: , r MAURICE G. WOOD ' i County Clerk and Ex-Officio . Clerk of the Commissione,rll' Court, Calhoun County, Texas , I ~ WHEREUPON, it was. moved by Commissioner Wedig, that the follow- , ing County, District and Precinct Officers b~ compensated for the calendar year 1956 in t he amounts and out of the funds set opposite each said officer: Fund: County Judge $4,687.50 Officers' Sa:).ary County Clerk 4,687'.50 Officers' Salary Tax Assessor-Collector 4,687.50 Officers'Salary Sheriff County Attorney 4,000.00 Officers' Salary District Clerk 2,100...00 Offic'ers' Salary County Treasurer 2,700.00 Officers' salary Constable Precinct No. L 1,875.00 n II. - Constable Precinct No. 2 -o- Il II - ' Constable Precinct No. 3 1,200.00 II II - , Constable Precinct No. 4 1,200.00 II II - Constable Precinct No. 5 1,200.00 II II Constable Precinct No. 6 -0- That all said salaries shall be paid out of the ~esignated funds of the County in twelve equal monthly installments not later than the last day of each calendar month of 1956. Motion seconded by Commissioner Barton. Question. Motion carried. It is so ordered. WHEREUPON, it was moved by Commissioner Wedig that each of the four (4) County Commissioners be compensated at the rate of $4,050.00 and No/IOO Dollars ($4,050.00) per annum for the calendar year 1956, said compensa- - tion ~o be payable in twelve equal monthly installments, twelve months ! out of the Road and Bridge Fund of the County, not later than the last day of each month. Motion seconded by Commissioner ~art9n. Question. Motion carried. It is so ordered. WHEREUPON, .it was moved by Commissioner Kemper :that the following appointive officers and employees be co~pensated for the calendar year 1956 in the amounts and out of the funds herein designated: '- .... ~ ,... 242 ... 00 .- ....... ~ t:t:J N . General County Agricultural Agent $1;900.00 & 600.00 Expense 1,350.00 & 500.00 Expense 1,500.00 2,700.00 I General \ ::t !' 'I Gene~ral Home Demonstration Agent stenographer\ 'for County Agent C ,r' .' '. " Special :County,AUdi t:or General General Jury, .'1 d-ciunt.y, Treasurer f,or, Hosp. Services 120.00 i' . .. i \ County Service Officer 900.90 ., ) 2 Court Reporter ~;l@~27'&1 @ 627~7l,254.00 General General Jani tor 2,400.00 I General Allowance to City-County Sanitation Program 5,400.00 That all such salaries and compensation shall be paid in twelve equal monthly installments out of the fund designated not later than the last day of each month in the calendar year 1956. Motion seconded by Commissioner . Radtke. Question. Motion carried. It is so ordered.. , WHEREUPON, it was moved by Commissioner Barton that in the matter of authorizing the employment of deputies, assistants and clerks by' the follow- - ",,=, ing officers and fixing the maximum compensation that'may-be'<allowed said authorized deputies, assistants and clerks and the Court having considered the applications filed by the various officers, that the Tax' ,~ssessor- Collector be authorized to employ the following det~ties: One chief deputy at not to exceed $ per annum; I 1 deputies at not to exceed $3,400.00 each per annum; 1 deputies at not to exceed $3,000.00 each per annum ; 1 deputies at not to exceed $2,600.00 each per annum; 3 d"P uties at not to exceed $2,400.00 each per annum; THAT the County Clerk be authorized to employ a Chief Deputy at an annual compensation of not to exceed $3,000.00 and the'follow:l.ng other deputies: 2 deputies at not to exceed $2,400.00 per annum each; . THAT THE District Clerk be authorized to employ one Deputy at annual compensation of not to exceed $2;400; THAT the County Judge be authorized to employ a stenographer at an annual salary of not to exceed $2,000.00; THAT the Sheriff be authorized to employ the following deputies: One. Chier Deputy at not-to exceed $4,000.00 per annum; 1 Deputy at not to exceed $3,300.00 each per annum; 1 Deputies at not to exceed $1,440. each per annum; 1 Deputy Sheriff & Jailer at not to exceed $2,400.00 each P'l r annum; /JC__ __r~~ -'"' -'" I I -./ . l .... ~... . " ,.. '~.. ;~:..'~',+\....'" '" -, 243 , 1~ " .,' . . . ,~; \ ~ ).-I' .~. '. . ~ ~- . ,) , , , THAT all deputies, 'assistants, clerks and stenographers authorized I , ',.'\ ; ;; ..' ; I .. I .',' I " herein shall be compensated in twelve equal monthly installments payable out of the Officers' Salary Fund of the County not later than the last day of each month of the c~lendary year 1956. I , ' .,....;. 1 ~ ~" . THAT each of the, officers named herein shall fix the compensation of the Chief Deputy and the other deputies, assistants and clerks authoriz- ed: for his department within the maximum,'flxed'in this order and when au~horized by the Commissioners' Court, shall be allowed to employ extra \ help in emergencies at the rate of $8.00 per eight hour working day. THAT the officers named herein shall ,furnish the County Clerk on or before the last day of each month the names of the Chief Deputy, other 'I .' deputies, assistants, stenographers and clerks who were employed by them during that month, giving the length of time each was employed, the position held, the rate of pay and the amount due for each said month, and shall see that the necessary exemption certifieates and other informa- tion are furnished the County Clerk so that proper deductions can be made , I and records compiled for the Federal Withholding Tax. Each officer shall promptly furnish all information necessary to the County Clerk for pay roll purposes when an employee leaves his department and whenever any new , employee or extra help is hire. motion seconded by Commissioner wedig. I I I II Question. Motion carried. It is so ordered. WHEREUPON, af~er due consideration by the Court, it was moved by II II II II I . Commissioner Wedig that the Sheriff shall pe authorized to use four automobiles in carrying on the duties of his office during 1956. That two of these automobiles shall be the automobiles owned by the County and now being used by the Sheriff's Department,. and the Coun~y.will pay all operating and maintenance costs of such automobiles. Operating and maintenance expe~se of county-owned automobiles to be paid for on claims properly itemize& and presented to and approved by the Commissioners' I Court out of the Officers' Salary Fund. For operating md maintenance expense of the p~ivately owned vehicles, the County will pay not to exceed $100.00 per month for the sheriff's car and not to exceed $150.00 per month for the Deputy's car. In addition, the County will pay $75.00 car allowance for one special deputy. Motion seconded by Commissiorer Barton, Question. Motion carri~d. It is so ordered. I WHEREUPON, tit 'was moved by ,Commrssi6ner'Bart'on, that County Com- missioner Wedig, be elected as county Judge Pro Tem to preside over the Commissioners' Court at its regular and special meetings in the absence of the County Judge. Motion seconded by Commissioner Kemper. Question. - . ...,j ,.. 244 ao;'ll ~ c..,. ee N ,. Commissioner Wedig voted No. Commissioner Kemper voted yes. Commissiore r Radtke voted yes. Commissioner Barton voted yes. Motion carried. I It is so ordered. (SEAL) ATTEST: HOWARD G. HARTZOG County Judge in and for Calhoun'Count~, Texas I MAURICE G. WOOD, County Cle'rk --- ------------ CORRECTION TO BUDGET On this the 14th day of January, 1956, at a Regular Term of th,~Commis- sioners' Court of Calhoun County, Texas, with all members of the Court being' present, it being called'to the Courts attention that three items had been omitted in the original budget and additions are as follows: . .,"- ., - 1. Each of the four county Commissioners be compensated at the ratecof $600~00 per annum for the calendar year 1956, said compensation to be payable in twelve equal monthly installments out of the Road and Bridge Fund for In- County travel expense. 2. Each member of'the Commissioners' Court shall be authorizE,d to file I . claims and be reimbursed for all actual and necessary expenses ineurred by him on official business outside of the County in ~: sum not exceeding $300.00 per annum to be paid out of the County General fund. 3. The County Farm Ageht will be allowed for traveling expenses and depreciation the following sums to be paid monthly out of the County General Fund; at the rate of $800.00 per annum. On motion duly made, seconded and unanimously carried the above order . was passed~;. - - - - - - - - - - - -'- - - - - SPECIAL JANUARY TERM HELD JANUARY 27~ 1956 THE ST~TE OF TEXAS, COUNTY OF CALHOUN I o . o I , BE IT REMEMBERED, that on this the 21th day of January,1956, there was begun and holden at the Courthouse in the City of Port Lavacll, said - County and state a SPE'l.cial Term of the Commissioners' Court within and for said County and State, same being the Second Special~January Te~n 1956, and .there were present on this date the following officers of the Co;~rt, to-wit: I . t l ~ r-. -~'t "',' r ~ 245: .. 'I: HOWARD G. HARTZOG, COUNTY JUDGE FRANK.E. WEDIG. COMMISSIONER PRECINCT NO.1 R. F. KEMPER. COMMISSIONER PRECINCT NO. 2 ERNEST H. RADTKE. COMMISSIONER PRECINCT NO.3 CLARENCE BARTON, COMMISSIONER PRECINcT NO: 4 '. I . I. MAURICE G. WOOD, COUNTY CLERK I to-wit: WHE:REUPON f ~ ~ ~ ' . the following orders were made and entered by said Court, ADJUSTMENT OF COMPENSATION _ On this the 27th day of January,' 1956, at a Special Term of the . Commissioners' Court of Calhoun County,' Texas, with all members of the Court being present on motion duly made" by Commissioner Bartpni seconded by Commissioner Kemper. it was unanimou'sly ordered that notice be given as follows: . NOTICE OF ADJUSTMENT OF COMPENSATION . . . . - . . .. WHEREAS. in the judgment of the Commissioners r Court of Calhoun . County. Texas, the maximum compensatiorr'of $6,750.00 as authorized by I law cannot; at this time. be granted to any employee or officer, however~ it is found and determined that the financial condition 'of the County authorizes certain increases and salary adjustments, therefore in order to place the employees and officers of Calhoun County on a basis of.compensa- .. tion,approximating to that prevailing in local private employment, the Commissioners' Court on Monday, February 13, at 11 a.m. will hear and con- . sider the following increases and adjustments, as are required by the law to be pUblished: . Position .:Fr.om To Fund Sheriff Dept. 1st Deputy 2nd Deputy 3rd Deputy $4000.00 3300.00 1440.00 $4200.00 3600.00 3000.00 Salary II - II I Tax Assessor-Collector Dept. I. 1st Deputy 2nd Deputy 3rd Deputy 4th Deputy 5th Deputy 3400.00 3000.00 2600.00 2400.00 2400.00 4000.00 3600.00 3000.00 2700.00 2700.00 II - II - II II , II County Clerk Dept. 1st Deputy - 2nd Deputy 3rd Deputy 3000.00 2400.00 2400~00 3600.00 2700.00 2700.00 II II - II . ..... ....01 r246 I - , . . Position To ..~d.i From District Clerk Dept. 1st Deputy $~400.00 $3000.00 Salary County Jud~e Dept. Secretary 2000.00 2400.00 II County Agent Dept. Assistant 1800.00 1800.00 5700.00 5700.00 3000.00 5700.00 4600.00 4800.00 3600.00 5000 :00 5000.00 5000.60 5000.QO new General II Secretary County Judge Sherif f-Tax;:A ssr. Collr. District Clerk 1500.00 4687.50 4807.50 2100.00 4687.50 4000.00 2700.00 2700.00 4050.00 4050.00 4050.00 4050.00 galary II n County Clerk 'I - II County Attorney County Auditor n County Treasurer Various County Commissioner Pro 1 County Commissioner Pro 2 Road and Bridge II County Commissioner Pro 3 , " II County Commissioner Pro 4 NOTICE TO BIDDERS - AUTOMOBILE - SHERIFF'S DEPARTMENT On this the 27th day of January, 1956, at a Special Term of the Commis- . sioners' Court of Calhoun County, Texas,_ w,ith all m,embers of the 'Court being . present, on motion duly made, seconded and unanimously carried, the County Judge was authorized and directed to cause to be published at the time and in the manner required by law a notice for purchase of one new automobile for use in the Sheriff's Department. NOTICE TO BIDDERS Take notice that sealed bids' ~ddres,sed'to'the unders,igned will be received by the Commissioners' Court, in, the Courthouse ip Port Lavaca, Texas, until 10 o'clock a.m. on the 13th day of February, 1956, for the fo~lowing described automobile for use by the~Sheriff's Department in Calhoun County, . , , Texas. Each bidder shall file bid as follows: Bid No.1: One (1) 1956 automobile, black, 4 door sedan, equipped with . .' heater, top mounted red light and siren. That prior to . ; delivery, vehicle shall bear on both front door panels the insigna Sheriff's Department, Calhoun County, Texas, V~i~ 404, ____A' in the form of ~ shield not ip excess of 18" x"-24"', w~th the - State Star in center. l oo"'lll -.. ."~ ~ ~ N " . I I ., . I '. . I I "'. . ...,jj r "'Il 24:7, ,- ,)".- . A certified check in the sum of five per cent (5%) of the amount of the I bid must accompany such bid. The Court reserves the right to reject any or all bids or parts of bids. (Seal) ATTEST: HOWARD G. HARTZOG , Howard G. Hartzog, County Judge. Calhoun County, Tex~s I MAURICE G. WOOD MauriceG. Wood, County Calhoun County, Texas Clerk. . - ----------------- Commissioners Court adjourned. . REGULAR FEBRUARY TERM 1956 HELD FEBRUARY 13 & 14. 1956 THE STATE OF TEXAS COUNTY OF CALHOUN I I I ~ BE IT REMEMBERED, that on this the 13th and 14th days of February, 1956, . . . there was begun and holden at the Courthouse in the City of Port Lavaca, said , County and State, the Regular Term of the Commissionerst Court within and for I - said county and State, same being the Regular February Term 1956, and there . , were present on this dat~ the following officers of the Court, to-wit: , . HOWARD G.. HARTZOG, COUNTY JUDGE , . FRANK E. WEDIG, COMMISSIONER PRECINCT NO.1 . . R. F. KEMPER,. COMMISSICNER PRECINCT NO.2 ERNEST H., RADTKE, COMMISSIONER PRECINCT NO.3 CLARENCE BARTON, COMMISSIONER PRECINCT NO. 4 MAURICE G. WOOD, COUNTY CLERK . WHEREUPON, the following orders were made and entered by said court, to-wit: - - -. - - - - - - - - - ~ - - - - - - - OPENING AND- ACCEPTANCE OF BIDS FOR AUTOMOBILE FOR SHERIFFS DEPT. I , , on this the 13th day of February, 1956, at a Refular Term of the Commis- sioners' Court of Calhoun County, Texas, with all members of the Court being present, the bids of the following companies were opened for consideration with the tabulation as follows: I Marshall Chevrolet l63hp v-8 List Price Signs on Drs. Top red light Siren '" Heater Total Less Tax Total $1651.25 16.00 54.90 45.00 48.15 $lt115.30 135.25 -n6tlO.05 Low' Coastal. Motor Co. Plymouth 1956 v-8.. $1574.45 $1809.65 I I I J '1724.35 Terry Bunch Motors -Ford l37hp,6'cyl. Mainline $1747.13 Tyson-Callaway Buick -1956 96.00 -$1747..13 'ltl09.65 . ll.... ...,j .. 248 QQ"""Il ,..,." ....., ~ e::, !'-;J . ";t, ~-, ..-::.. On motion made by Ernest Radtke, seconded by Frank Kemper '~he bid of Marshall Chevrolet Company was ordered accepted as the lowest ~~d best bid for the Sheriff's Department and that the bid checks and deposHs of other I bidders be returned. Motion was unanimously carried. OPENING AND ACCEPTANCE OF BIDS FOR PRECINCT 4 EQUIPMENT At a Regular Term of the Commissioners' Court of Calhoun County, Texas, I held on February 13th, 1956, with all members of the Court being present, th1re came on for consideration the bids for one pickup truck for Precinct No. 4 and three dump trucks for precinct No. 4 and the tabulation of such bids are as follows: 148 hp 6 cy1. 155 hp 8 cyl 167 hp v-8 .8 cy. Marshall -ChevroiEit 'Co. . 140 hp. 6~cy1. $2564.75 136.50 11.15 6]2.00 21. 30 7.45 12.75 .62.50 1.00 3449.40 140.00 -, 909 ;"!j:O-' $2400.00 7200.00 7375.05 7593.00 Terry .Bunch . - ~ M:otors - Ford . 133 hp. :6 cyL $3406.97 included included. .. . Bids for Three Dump Trucks 1956 model 9722.5-10 ply tires rear Oil filter 3 yd Dump bed Heavy duty front & rear springs Foamm Rubber cushion Electric windshield wipers Directional signal, clearance lights state inspection Total Less i Credit for 'Federal Tax Less Trade in for 1953 truck Net each truck 3 trucks . 19.50 -0- 13.00 -0- ~ -0- 3439.37 -0- . ~i241 :60- -'l219tl.47 6595.41 Low I , 6871.$5 Bids for Pick-up Truck '\ ","-- ., Terry Bunch Motors, Ford , Marcha1l Chevrolet . Net $1697.01 . 872.01 =1P,tl25;00 ....;. $1782.01 872.01 l 910.00 L.ow $1690.35 690.35 .. .. - ~1000 .00- .. $]812.85 ,. -, '690';35 --- , '1122.50 ' :L '- 6 cyl 1956 Less trade-in 8 cyl 1956 v-8 Less trade-in Net , 0 I On motion made by Clarence Barton, seconded by Frank Wed~g, and unani- , mously carried the bids of Terry Bunch Motors was accepted for the pick-up and the three dump trucks as the lowest and best bid and that the. bid, checks, - of the other bidders be ordered returned. It is so or.dered. . ,. '-,." -c .' . . I ,.,. r' ..'~ ......~ <~.- ,....-... .' . -'-,.- . I l .... r- . ~:-~,~;::""~!;~;"-,:;'" .;-~.:~ ""'_..', "."24.9'. ".;'i;..i:,:;"' SM' : .,';.:. '~. - ..'" . OPENING OF RIGHT OF WAY OLIVIA TOWNSITE. SUBDIVISION I On this the 13th day of February, 1956, at a Regular Term of the Commis- sioners' Court of Calhoun County, Texas, with all, members of the Court being present, there came on for consideration the request of land owners fronting I the County. road right of way on. the East side of the Olivia Townsite Sub- division, to open such right of way for public use by the removal of exist- ing locked gates and other obstructions and it appearing to the Court that such right of way was duly dedicated and accepted by the Court as shown by Volume M, page 582 of the Plat Records of Calhoun County, Texas and that on the 13th day of April, 1953, Volume I, page 486 of the Commissioners Court Minutes as shown by such records, Volume Z., Page 138 on the application of . Frank Moore, owner of certain lands in smd townsite, the Court ordered a portion t thereof returned to acreage, ordereing such right of way opened down to the south eastern corner of Block No. 43, of said subdivision that no permission has heretofore been granted to maintain locked gates on said right of ways. Therefore on motion made by Ernest H. Radtke, seconded by Clarence Barton, Commissioner of Precinct No. 3 was authorized and instructed to I remove the locks from the gates on the road leading, from the Church down to the bay front tract on the right of way of the County Road paralleling the East side of the Olivia Townsite Subdivision as recorded in Volume M, Page 582 as .in Volume Z, page 138 and is authorized to remove all obstructions therefrom, and that the adjacent land owners be notified of such action so that they may rebuild their fences on their property line for the protection of their own p~perty. Passed unanimously by the Court. - - - - - - - - - - - - - - . RADIO EQUIPMENT "' On this the 13th day of February, 1956, at a Regular Term of the Commis- siomrs' Court of Calhoun County, Texas, with all members of the Court being I present, Oscar Cavallin was instructed by the Court to contact Motorola Manufacturing Company as to. the possibility of trade-in on two - 6 volt units ror two - 12 volt units'and report to the next Commissioners' Court Regular Term. BOND ~, COUNTY TAX ATTORNEY On this the 13th day of February, 1956, at a Regular Term of the Commis- 'I sioners' Court of Calhoun County, Texas, with all members of the Court being present, the Bond of Ross Terry, County Tax Attorney, requested the right to file a new bond execut ed by the Western Surety Company in lieu of the prior - bond written by the U. S. Trust and Guarranty Company now being declare~ . .... .... ,..- 250 " oo""'l ....... ,-.... ~ tJ:', N . '. .II' . . insolvent, it is ordered by the Court that the new bond be approved and the original bond be author~zed cancelled. I BOND OF DELINQUENT TAX COLLECTOR , No. 716904-56 Executed in Duplicate, ,...~ , 2- 1 . . THE STATE OF TEXAS COUNTY OF CALHOUN , I I I KNOW ALL MEN BY THESE PRESENTS: That we, Ross Terry, as Principal, and Western Surety Company, a corpora- I tion of Sioux Falls, Minnehaha County, South Dakota as sureties, are held and :t'ii'mly bound unto Howard G. Hartzog, County Judge of Calhoun County and his suc- cessors in office in the just and full sum of Five Thousand DOllars, for the pay- ment of which we hereby bind ourselves and our heirs, executors and administrators, jointly and severally, by these presents. Whereas, the said Ross Terry, a licensed attorney whose address is Austin, Texas, has by means of a written agreement dated January 1, 1955" entered into a contract with t he Commissioners' Court of Calhoun County, for the collection . , of certain delinquent State and County taxes, during the term beginning January 1, 1955, and ending January 31, 1956, a copy of which agreement is by reference made a part hereof. Now, therefore, the condition of this obligation is such that if the said I Ross Terry shall faithfully perform the services required of him by the terms of said contract, including the making of~ reports provided in Seetion XI thereof and shall fully indemnify and save harmless the said County of Calhoun from all cost and damage which it may suffer by reason of his failure to do so,~ and shall fully reimburse and repay the said County of Calhoun all outlay and expense which the said County may incur in making good any such default, then this obligation shall be null and void; otherwise it shall remain in full force imd effect. IN TESTIMONY WHEREOF, witness our hands this 1st day of Jailuary, .1956. . (SEAL) ROSS TERRY WESTERN SURETY COI1PANY BY: M. BAKER M. BAKER, Ass't. Secretary , IN NO EVENT WILL THIS BOND EXCEED THE EFFECTIVE DATE, JANUARY 1,; 1956. . THE STATE OF TEXAS I COUNTY OF DALLAS I On this 1st day of January A.D. 1956, before me, a Notary Public in and for," said County, personally appeared M. Baker, Ass't. Secretary personaL[;f'knowri_~~o me, ,/: who being by me,duly sworn, did say that he is the aforesaid officer of the WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws or the I 6' I State of South Dakota, that the sael affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed / . l ...olIl r- ""III 251 . and exeauted in behalf of said corporation by authority of its Board of I Directors, and further acknowledge, that the said instrument and the execu- tion thereof to be the voluntary act and deed of said corporation. IN WITNESS WHEREOF, I Have hereunto subscribed my name and affixed my official seal at Dallas, Texas, the day and year last avoce written. . My commission expires BELTTY HARRIS I June 1, 1951 Notary Public Certificate of County Judge COUNTY OF CALHOUN I o I THE STATE OF TEXAS . The foregoing bond of Ross Terry, holding contract for the collection of state and County Delinquent taxes in Calhoun County, Texas was read and approved in open Commissioners' Court, this the 13 day of February, 1956, HOWARD.G. HARTZOG, County Judge Calhoun County, Texas COUNTY OF CALHOUN I I o THE STATE OF TEXAS I I, Maurice G. Wood, Clerk, County Court of Calhoun County, Texas .do hereby certify that the above and foregoing is a'true and correct copy of the Bond of Ross Terry Delinquent Tax Collector of Calhoun County, Texas, as the same appears of ,record in Volume J, Page249-25l, Minutes of tre Commissioners' Court of Calhoun County, Texas. To certify which, witness my hand and seal of office, this the 13th day of February, A.D. 1956. (SEAL) MAURICE G. WOOD Clerk, County Court Calhoun County, Texas. / . - - - - - - - - - - - - - COMPENSATION OF COUNTY EMPLOYEES AND OFFICERS On this the 13th day of February, 1956, at a Regular Term of the Commissioners' Court of Calhoun County, Texas, with all members of the Court being present,. on motion made by Clarence Barton, seconded by Frank I ,. Kemper and unanimously adopted the schedule of compensation as recorded in Volume J, page 245-246 of the Minutes of the Commissioners Court as . .' retroactive to February 1, 1956 advertised, and such increases/be in lieu of the salary schedules adopted . in the January Term in so far as increases are shown and that the budget I be ordered amended accordingly. - . ...... .... ,...- 00"'l1lI 252 ~ ~ C, N i . . INDIANOLA MAIN STREET On this the 14th day of February, 1956, at a Regular Term of the Commis- . sioners' Court of' Calhoun County, Texas, with all members of tho Court being present, there came before the Court, Mr. Ed Bell and various land owners 1 along Main Street in Iildianola for hardsurfacing of said road, (Jut of Road District No. 1 funds. The Court ordered that an inspection be made to determine the costs of I such improvements as over possible alternate routes of other platted streets, by a survey on the ground. Mr. Bell proposed that. the material to be used be taken from the bar in the bayou. DRkINAGE: ACCESS TO HIGHWAY 2235 On this the 14th day of February, 1956, at a Regular Term of the t Commissioners' Court of Calhoun County, Texas, with ~ll members of the Court being present, there came before the Court the Commissioners of' Drainage . District No. 10, Mr. J. S. Sikes, J. C. Williams, J. P. Woods, ~i. H. Hahn, H. H. Frels and others, the state Highway Department being reprosented by Mr. W. A. King, Engineer. On motion made by Commissioner Wedig, seconded by Commiss:Loner Barton and unanimously passed, as part of the consideration f?r the grlmting-of a twenty foot right of way for state Highway 2235 to Drainage District No. 10 I and the land of Andrew Hahn, the Commissioners' Court agrees to extend the culvert for access out eight feet when Highway construction work is completed. It is so' ordered. APPOINTMENT OF DEPUTY , On this the 14th day of February, 1956, at a Regu'lar Term. of the Commis- . sioners' Court of Calhoun County, Texas, with all members of the Court being present, application duly presented, it is ordered by the Court that Maurice ~ G. Wood, County Clerk of Calhoun County, Texas, be ~d he is hei?eby authoriz~d to appoint and deputize a Jo Koenig f'or said office. Said appointment to date from the 1st day of February 1956, and to continue in effect un1;11 revoked by said officer or be otherwise terminated; and the compensation to be paid said deputy is hereby fixed at the sum of $2700.00 Dollars, per annmn, payable from the Salary Fund of said County. Motion made by Clarence Barton" seemed by Frank Wedig and unanimously carried. 1- . I -------------- -- . " q-"'-~/~ #6 . l ..... r'" ., . " ., , """Il 253 . 'I RIGHT OF WAY FOR TEE GREEN LAKE HIGHWAY NO. 35 On this the 14th day of February, 1956, at a Regular Term of the Commis- \ ~ . sioners'~Court of Calhoun county, Texas, with all members of the Court being \ present, there came on for consideration the question of damages as may be due . to R. W. Whatley, tennant in possession of the Scarborough, Sibley and Mueller lands as condemned on the 13th day of February, 1956, for right of way purposes. That Mr. Whataey has agreed to accept the sum ofl150.06 as his crop I . damages on the two pl~s acres of land under cultivation as affecting his acre- age allotment in 1957 and onward.. That the P.M.A. office informs the Court that the cotton acreage allotment of Mr. Whatley will not be affected under the present plan or under any other plan because the highest allotment has never equalled 50%. It is, ordered by the Commissioners Court that Commissioner Barton should negotiate further with Mr. Whatley, and report to the Court. RIGHT OF WAY FOR THE GREEN LAKE HIGHWAY NO. 35 On this the 15th day of Fijbruary, 1956, at a Regular Term of the Commis- sioners' Court of Calhoun county, Texas, with all members of the Court being I present, Mr. Clarence Barton reported to the Court that after further negoti- ation with Mr. Whatley that a payment of damages at $100.00 could be agreed upon, Therefore on motion duly made, seconded and carried it was ordered that a warrant be issued to R. W. Whatley in the amount of $100.00 in full settlement of his crop damages for the year 1956. APPOINTMENT OF DEPUTY . On this the 15th day of February, 1956, at a Regular Term of the Commis- sioners' Court of Calhoun County, Texas, with all members of the Court being I present, upon application duly presented, it is ordered by the Court that Leonard M. Fisher, Sheriff, Tax Assessor and Collector of Taxes of Calhoun County, Texas, be and he is hereby authorized to appoint and deputize a Idell Harvell Harvey for Assessor and Collector of Taxes said office. Said appointment to date from the 1st day of January, 1956, and to continue in effect until revoked by said officer or be otherwise terminated; and the compensation to be paid said deputy is hereby fixed at the sum of $2400.00 Dollars, per annym, payable solely from the Salary Fund of said County. On II motion duly made, seconded and carried the above appointment was made. . ~ ll.. I -:/ ...01 ,.....-254. 00-' ~.., ~ eo N . - Mrs. Mary Ann O'Briant, Indigent TWIN PINES REST-HOME, VICTORIA On this the 15th day of February, 1956, at a Regular Term of the Commis- sioners' Court of Calhoun County, Texas, wit~ a~l members of the Court being present o~ motion made, seconded and carried the application of Mary Ann O'Briant an indigent in the Twin Pines Rest Home on the Cuero Highway, I - Victoria, Texas, to be approved for $45.00 per month to support her $55.00 I . . pension-check, that all doctor and medical bills are to be paid by her relatives. * * ~~ ,r *"* * * * * * * ,r * ~~ DRAINAGE DISTRICT NO. 8 On this the 15th day of February, 1956, at a Regular Term of the Commis- . sioners' Court of Calhoun County, Texas, with all members of the Court being present on motion made by Frank Wedig, seconded.by Frank Kempel' and unanimous- . ly adopted the written resignation of Louie Foester, Jr., as Commissioner of r Drainage District No.8 was accepted with regret, that t~e preflent sta.tus of his personal business made it necessary to t~:i.na:t;e his able service.. .It is_. ~ " ..~ /" A' .l I ~ so ordered. 1 \ \ . ~, ':,!"'. . t I' ~ I .: . ~ ..... r" : ~." '.. . '''''Ill 255, T' . APPOINTMENT OF ELECTION OFFICERS On this the 15th day of February, 1956, at a Regular Term of the Commis- I . sioners' Court of Calhoun County, Texas, all members of the Court being present, "'ll on motion made by Clarence Barton, seconded by Frank Wedig, and unanimou~ly of Calhoun County): Texas. passed, the following election judges were appointed for each voting precinct I Voting ~rec. VOTING PLACE -" (!) 1 Port Lavaca Courthouse . @ 2 Chocolate Joe Brett Residence 0 3 Six Mile SchQol House (j! 4 Olivia School (j: 5 Boyd School J.E.Levingston, Res. e] 6 , Magnolia Beach ,- Mrs. C.E.Sachrison, Res. rr0 7 Long Mott School House LY '([1 8 Seadrift School House '\ \ I &J 9 , Kamey - Army Store (!!) 10 Port O'Connor SchooLHouse 1 . @n (jj) 12 Heyser - Humble Office Green Lake .: Morman Gin Office (]) 13 Port Lavaca Travis Junior High (it 14 Point Comfort Community Hall ~I @ IS West Side Elem.School td--~~ ~I RIGHT OF WAY BY PASS 35 LYNNHAVEN ADDITION ELECTION JUDGES Mrs. Charles Moore, Jr. Pres. Officer Mrs. Lela Pennington, Mrs. Rowland Harvey Mrs. Joe Peters Joe Brett, Pres. Officer Louie Foester, Jr. , , ' Robert Meyer, Presiding Officer Ernest Kabela, Walter He~gst, Peter Pfieffer Mrs. G. D. Swenson, Pres. Officer Mra. A. N. Smit h Mrs. E. S. Sanders, Pres. Offi cer !1rs. J. E. LevingstoI). Mrs. Joe Mollnar, Pres. Officer Mrs. C. E. Sachrison Mrs. Louie Walker, Presiding Officer Mrs. Porter Nunley u Mrs. Bertlow Bindewald, Presiding Officer Mrs. Pearl Bindewald, Mrs. W. C. Hawes Mrs. Jim Early Glenn McKamey, Presiding Officer Mrs. A. D. Bean Mrs. L. W. Hawes, Presiding Officer Mrs. Grady Malone Mrs. Homer Clark, Mrs. Howard stapp Mrs. J. C. Williams, Presiding Officer Mrs. R. W. Whatley Mrs. W. L. Moore, Presiding Officer Mrs. C. L. Cobb Mrs. Dick Thayer, Presiding Officer Cecil.Blake, Mrs. George A. Rhoades Mrs. ~wenSmith, Jr. Mrs. L~ E. Grossd, Presiding Officer Mrs. Leonard Holster, Mrs. J. .K.Thomas Mrs. Floyd Forrest Carl Partlow, Presiding Officer Mrs. Ralph Powers, Mrs. Martin Dolezal Mrs. Doyle McGinnis '. . On this the 18th day of February, 1956 at a Regular Term of the Commissioners' Court of Calhoun County, Te~as, with all members of the Court being present, Whereas, in a R~blic meeting held with the. land owners - '. " .... ~ r-256 .'. ""';.' oo""llll ~ c.... eo N I, > . . , i' .. .and contra'ctors of Lot No\> 4 as sold by Jamison to Lamarr Marshall that Mr. . - Drexler tn good faith had expended $277.00 in preparing the fOl.mdation for the I Sanders home, and that the lot would not be suitable for the h~@e as planned . ~ ~ with the highway. right :of way some 15 feet across the back, that an agreement v' )"""1 I had been worked 'out: wit(h Mrs. Sanders to move their house to ,Lot No.7, that ., I th~ Court should repay Mr. Drexler for such loss. _I '. ' ~'.'ITherefore on motion made by Clarence Barton, seconded by F'rank Kemper, . ~, ., .f . I it was ordered' that the County Treasurer prepare a warrant in the sum of $277.00 and deliver same to Mr. A. F. .Drexler in full of damages. ,.. STATE HIGHWAY NO. 35 ' RIGBY PROPERTY . On this the 18th day of February, 1956, at a Regular Term of the Commis- sioners' Court of calhoun County, Texas, with all members'of tt~ Court being present, Whereas,. the State Highway Department requires the County to secure and pay for. additional right of way for State Highway No. '35' adjacent to'the Missouri Pacific Railroad in front of the existing Rigby filling station and store and whereas, the proposed plans call for a safety island to be construct- ed in the center of the present right of way, and hereafter in the center of \. the right of way to be improved in the future, and whereas, by special request I tb the State Highway commission by the Commissioners Court, the State Highway Department has agreed to construct a 20 root opening adjacent to the present west entra~ce of said filling station in said safety island as presently to be constructed or hereafter be constructed, and whereas, the major considera- , tion for the execution of the right of way easement~ b~ J~ssie D. Rigby, Sr~, and wife, and Jessie D. Ribgy,eJr. and wife is the condit~on of leaving such access right of way open as long as said service sta:tion i's maintained by the . Rigbys. THEREFORE on motion made by Cl:arence Barton, 'seconded by Frank Kemper and unanimously adopted it is ordered that such right of way easements be ~' . accepted by the Commissi.oners I' Court', and the Commissioner's Court recognize that the main consideration for such easement of right of way is the condition . I that such agreed access be maintained through such safety 'islands and that in the event such 20 foot access lane through such safety island is ever closed by the Highway Department that it shall constitute an additional taking and servitude on the property of Jessie D. Rigby, Sr. and wife, and Jessie D. 1- Rigby,i~r. and wife, and they shall have a cause0 of action therefor against Calhoun County. .. '. l ..... r, ,', o! """Il 257 - --._- . ~ , , I.: ., SPECIAL FEBRUARY TERM 1956. HELD FEBRUARY 22 f ; THE STATE OF TEXAS I COUNTY OF CALHOUN I . " - BE IT REJ>lEMBERED, that on this the 22nd and days of February, I'. 1956, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, the Special Term of the Commissioners' Court ,. . . within and for said county and State, same being the Special February Term 1956, and there were present on these dates the following officers of the .l ~,' Court, to-wit: t .~. HOWARD ~. HARTZOG, County Judge . ., FRANKE. WEDIG, Commissioner Pro No.1 R. F. KEMPER, Commissioner Pro No. 2 ERNEST H. RADTKE, Commissioner Pro No. 3 CLARENCE BARTON, Commissioner Pro No. 4 MAURICE G. WOOD, County Clerk WHEREUPON, the rollowing orders were made and entered by said Court, to-wit: I cki:li:l< TWO MILE1CONSERVATION AND RECLAMATION DISTRICT APPLICATION FOR. FEDERAL ASSISTANCE . On this the 22nd day of February, 1956, at a Special Term of the Commis- sioners' Court of Calhoun County, Texas, with all members of the Court being \ present, on motion made by Commissioner Kemper and seconded by Commissioner Barton and unanimously passed, a resolution was ordered as follows: . WHEREAS, an application has been made by the sponsors of the Two Mile C~ff~ Conservation and Reclamation District bf Calhoun County, Texas, a statutory water control and improvement district created by Chapter 510, Page 1286 Acts of the 54th Legislature Regular Session 1955 of the State of Texas, have made application to the Texas state Soil Conservation Board for federal 1 ~ssistance under the watershed Protection and Flood Prevention Act, Public Law No. 566, 83rd Congress and whereas, after investigation the Court finds the proposal to be practicable and feasible and not in conflict with the I projects of any other district, but to bee complementary thereof. WHEREFORE, the Commissioners' Court of Calhoun County, Texas, hereby authorizes its approval Qf ~uch a.pplication and agrees to cooperate in such program under the provisions of its legislative authority. ATTEST: Howard G. Hartzog, County Judge Calhoun county, Texas , Maurice G~ Wood, County Clerk Calhoun County, Texas. . , .... .oil "'-258 '- 00'" ~ ~~ Q;:, "'i. " . On this the 22nd day of February, 1956, at a Special Term or the Commis- I OLIVIA RIGHT OF WAY sioners' Court or Calhoun County, Texas, with all members or the Court being present, there appeared before the Court, Mr. George Fred Rhodes as Attorney for Mr. Frank Moore, owner of certain acreage in the Town of Olivia, protest- ing the order of this Court on the 13th day of February, 1956, and appeared I Frank Moore in person, and came D. B.Halliburton and Hugh Edmundson adjoining property owners who desire an outlet from the adjoining property to the original twenty-five foot easement as shown on the original map of designation of said townsite and upon the amended plat thereafter as filed by Frank Moore. And after due hearing, on motion duly made, seconded and passed, it was order- . ed that the original order or this Court on the 13th day of February, 1956 be not changed or amended. . NURSES HOME - FIRE INSURANCE 1956 On this the 22nd day of February,jat a Special Meeting or the Commis- sioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion duly made seconded and unanimously carried it l~as ordered that the insurance expiring on the Nurses home of the Calhoun ComIty Memorial I Hospital as it expires be rewritten by the ?ix local insurance agencies as follows: Total Amounts:. $28,200.00 for Buildings; $4,200.60 Contents Each agent $4,700.00 for Buildings; $700.00 Contents. I RURAL FIRE TRUCKS On this the 22nd day or February, 1956, at a SpeCial Me6ing of the Com- . missioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion duly made, seconded and unanimously car~ied it was ordered that the binders heretofore filed by White Insurance Agency be order- ed approved and that the four fire trucks be ordered cOlTered on the basis of bid cost in round figures on the fleet policy of I, CONDEMNATION - RIGHT OF WAY ~STATE HIGHWAY NO. 35 On this the 22nd day of February, 1956, at a Specil1-l Meeting of the Com- missioners' Court of Calhoun county, Texas, with all members .of the Court being present, Whereas, the Board of Condemnation constituted by H.. C. smith, Richard Ryan and Herbert Frels has r:Hea>.their awa'rd or damages in condemna- tion for the taking of lands as follows: I' c' ~:, -/ ~ --'".'-' .~,..-. . .. .' . = . ~ ~ II""" ""IIIIl 2!1~. ~ . I Edward A. Sibley Houston M. Scarborough Arthur W. Mueller Howell J. Mueller Total Court Costs Grand Total $232.50 232.50 232.50 232.50 $930.00 28.40 $958.40 And Whereas, the state desires and requests immediate posse.ssion of the I' said 3.10 acres. It is ordered that the County Treasurer deposit the sum of $930.00 in the Treasury of the County Court for the use and benefit of such owners in equal portions, subject to their order and that the Court Costs be paid to the County Clerk. It is further ordered that the Treasurer make a direct warrant out of the right of way fund to the County Clerk for the above. . BY-PASS PORT LAVACA STATE HIGHWAY NO. 35 On th~s the 22nd day 'of February, 1956, at the Special February Term I of the Commissioners' Court of Calhoun County, Texas, with all the' members of the Court being present, the Commissioners' Court of Calhoun County, after a survey upon the surface of all the tracts involved on the proposed By-Pass right of way for State Highway No. 35 determined the final offer to be made each land owner. 1. On motion made by' Clarence Barton, 'seconded by Frank Kemper and unanimously passed the following final offer was made to the C. C. B~ardone, Estate, heirs, Mrs. Mabel McConnico, a widow; Clark Blardone and Mrs. Lola Ryon, a widow, consisting of 1.303 acres of land at $8~0.00 per acre and . replace existing fences. 2. On motion made by Clarence Barton, seconded by Frank Kemper and I unanimously passed the following final offer was made to H. A. Westerholm and wife, consisting of 0.151 acres, owner of seven lots in the Porter SUbdivision at $1200.00 for 1/3 of three lots. 3. I On motion made by Clarence Barton; seconded by Frank Kemper and un- animously passed the following final offer WaS made to Leonard M. Fisner, consisting of 0.860 acres in the Maximo Sanches League 'and 2.034 acresJin ~ Felix Sanches League being Tract No. 1 and 0.189 acres in the Felix Sanches League, totaling 3.083 acres of'land at $800.00 per acre; and replace exist- ing fences. . .... .... ""-1'26(l/ / .-..... .....'. . J ,.-",! h,,' ~, ,,-\,"-,\ . 4. . on motion made by Clarence Barton, seconded by Frank Kemper;and un- I '. animously passed the following final o~rer was made to the Willett Wilson Estate, Tract 1 for 0.067 acres west of Highway 35 and adjacent of the Blardone Estate at $800.00 per acre. Tract 2, known as the Red Barn consisting of 1.385 acres at $3000.00 per acre for land and move the Red Barn to a new location and rental damages to Jimmie Bergin as tennant in possession at $1000.60. 'I 5. , .. On motion made by Clarence Barton, seconded by Frank Kemper .and un- animously passed the following final offer.',was made to the Willett Wilson Estate, Tract No. One, consisting of 0.329 ac'res at $800.00; Tract No. Two consisting of 6.059 acres at $800.00 per acre and move the old house and barn and rebuild existing fences; Tract No. Three, consisting or 3.637 acres of brush land at $600.00 per acre and rebuild existing fences; Tract mo. Four, consisting of 7.135 acres of brush land at $600.00 per acre and rebuild eXist~g fences. . .,. 6. On motion made by Clarence Barton, seconded by Frank Kemper and un- animously passed the following final offer was made to Wi."E. Broo'ks and wife First Tract consisting of 0.758 acres more or less at $~OO.OO per acre and rebuild existing fences; Second Tract consisting of 5.149 acres at $800.00 I per acre, replacing existing fences, replace well if in .right of way,' move ~. . . barn. 7. On motion made by Clarence Barton, seconded by Frank Kemper and un- . animously passed the following final offer was made to ~ohn D. Peters and , wire, consisting of 1.008 acres at $800.00 per acre and special damages at $100.00 per acre and replace existing fences. 8. On motion made by Clarence Barton, seconde~ by Frank Kemper ,and unan- imously passed, the following final offer was made to John. H. Peters consisting of 0.982 acres at $800.00 per acre and $200.00 damages and J\ :1 replace existing fences. 9. _/-- On motion made by Clarence Barton, seco~dea by Frank Kemper and unani- I mously passed, the ..following final offer was made to the W. A. Shofner Estate . consisting of Tract One with 0.950 acres at $600.00 per acre, no special /F 4 damages and rerence; Tract Two consisting of 3.623 acres of farmiland at ~ '. .,. , [ .,~ ~ ... 261 . I $800.00 per acre, replace existing fence"with damages combined. Third tract consisting of 0.914 acres :,at $800.00 per acre (damages combined). 10. Calhoun County Independent School District consisting of 0.023 acres to be negotiated with at a later date. 11. I On motion made by ~larence Barton, seconded by Frank Kemper and unani- mously passed, the following final offer was made to Frances Rozell Geryk first tract consisting 01'2.547 acres at $800.00 per acre; Tract Two con- sisting of 6.532 acres at $800.00 per acre. 12. . The J. M. Newlin Estate and Wes Newlin have already been acquired. 13. On motion made by Clarence' Barton, seconded by Frank Kemper and unani- mously passed, the following final offer was made tp Mrs. Pearl Wilson, con- sisting of 4.018 acres at $800.00 an a~re and re~lace existing fence. 14. , I " On motion made by Clarence Barton, seconded by Frank Kemper and unani- mously passed', the' following final offer was made to the Mary H. Bickford Estate: 'Tract One consisting of 6.051 acres of farm laud at $800.00 per acre; Tract Two consisting of 4.009 acres of farm land at $800.00 per acre and re- place existing fence; Tract Three consisting of 4.163 of brush land and farm land at $600~00-per a~re and replace'well; Tract Four consisting of 0.049 acres of farm land at $80q.00 per acre. 15. On motion made by Clarence Barton, seconded by Frank Kemper-and unani- . mously passed, the rollowing final ofrer was made to the Annie J. Bickford Estate - consisting of 0.986 acres at $800.00 per acre. 16. .1 " On motion made by Clarence Barton, seconded by Frank Kemper and unani- mously passed, the following final offer was made to the Noble, Boyd and Wilson Estate consisting of 7.719 ,acres at ,$800.00 per acre. 17. On motion made by Clarence Barton, seconded by Frank Kemper and unani- I mously passed, the following final offer was made to Paulson consisting of 0.296 acres at $QOO.OO and $200.00 damages. - - - - - - - - - - - - - - - - - . .... ...,j ~ 262 r 00" -, ....~ I;;.~ eo r,]. . il .,. , " SPECIAL FEBRUARY TERM 1956' . ..-. RELD,FEBRUARY 2S', 1956 I .r I , ,? I I THE STATE OF TEXAS COUNTY OF CALHOUN . BE IT REMEMBERED, that on this the 29th day or February, 1956,there was . begun and holden at the Courthouse in the: City of Port Lavaca, said County am State, the Special T~rm of the Commissioners' Court within and for said I County and State, same being the Special February Term 1956, and there were . present on this date the following officers of the Court, to-wit: HOWARD G. HARTZOG, County Judge , FRANK E. WEDIG, Commissioner Pro No.1 R. F:KEMPER, Commissioner Pro No.2 . ERNEST H. RADTKE, Commissioner Pro No.3 " CLARENCE BARTON, Commissioner Pro No.4 MAURICE G. WOOD, County Clerk WHEREUPON, the fOllowing orders were made and entered by said Court, . to-wit: '. I RIGHT OF WAY';' HIGHWAY 185 . . LOUIE WALKER LAND On this the 29~h day of February,.1956, at a Special Term of the.Commis- sioners' Court of Calhoun County, Texas, with,all members of the Court being present, Whereas, the Sta~e Highway Department has requested that. Calhoun . County acquire 0.096 acres of land owned by Louie Walker, described as follows: Being a part of 120.326 acres of land situated in the Pedro Miranda Survey, Abstract No. 27, conveyed by S. T. Walker, et aI, to Louie Walker by deed dated the 23rd day of April, 1946, and recorded in Volume 53, page 223 of . Deed Records of Calhoun County, Texas; same being a small tract of land on the West side of the centerline of State Highway 185.and being more parti- cularly described as,follows: BEGINNING at the Northeast corner of the Wallie r tract, said point being on the centerline of aforesaid State Highway 185, Engineer's Sta. 298+48; THENCE S 53 deg. 00' W along the North line of 'said Walker tract 60 feet I to a point, said point being in the proposed West right-of-way line of said State .Highway 185; ~ . '. ~- ~~. :;'= -_? --~ THENCE S 31 deg. 55' E along said ,West right-.of-way li.ne'.71. 7 feet to a point in the South line of said Walker tract;. I: THENCE N 54 deg. 40' W along the~South line of said Walker tract 60 feet to the Southeast corner of said Walker tract~ said point being on the center- ~ - -<> line of State Highway 185, Engineer's Sta. 299t18; . '" l ....,j ~ 263~ . THENCE N 31 deg. 551 W alcng the centerline of aforesaid State Highway I 185, 70 feet to the place of beginning, containing 0.096 acres of land. And Whereas, the Court by its Minutes has accepted and agreed to secure such right of way and whereas, after investigation the Court finds that such land is rendered on a voluntary basis of less than $100.00 per acre value I and that such sum represents the market value thereof, thererore on motion made by Commissioner Ernest Radtke, seconded by Commissioner Frank Wedig and ordered adopted, Commissioner Barton was authorized to offer to Louie Walffir for said 0.096 acre, to be purChased, the sum of $30.00 represented by $100.00 per acre, the land taken, and $200.00 per acre for the dsroage to the remainder of the tract and it is further ordered that in the event . . . .- that said offer is not accepted by March 5t~, 1956, then County Attorney. Jack Fields assisted by R. A. Barton, be an~ they are authorized to file in eminent domain to secure the same, and it is so ordered. INDIANOLA * PROPOSED STATE PARK On this the 29th day of February, 1956, at a SpeCial Term of the I Commissioners' Court of Calhoun County, Texas, with all members of the Court being present, Mr. George W.Hill,.of the Texas state Historical Survey Committe, Te~as Historical Foundation and Mr. Gordon K. Shearer, Executive secretary of the Texas State Parks Board appeared before the Court, and after discussing the possibilities:.of preserving Old Indianola and its environs as an historic site and State Park, Mr. Charles W. Hodges, County Surveyor and Commissioner Frank Wedig, of Precinct No.1, Mr. George W. Hill and Mr. Gordon K. Shearer made a survey of the grounds for,the possible Park. . I I . ~ '"264 QO~ ~ ~ tt, ~- - - . . REGULAR MARCH TERM HELD MARCH 12th & l3th, 1956 THE STATE OF TEXAS COUNTY OF CALHOUN ~ I I I BE IT REMEMBERED, That on this the 12th and 13th days of Marl~h, 1956, there w@,s begun and holden at the Courthouse in the City of Port Lavaca, said , County and state, the Regular March term or the Commissioners' Court within and I . . for said County and state, same being the Regular Term of March +959 and there . were present on these days the following officers of the Court, to-wit: Howard G. Hartzog, County Judge' . . Frank E. Wedig, Commissioner fro No. 1 R. F. Kemper, Commissioner Pro No. 2 . Ernest H. Radtke, Commissioner Pro No.3 Clarence Barton, Commissioner PI'. No.4 Maurice G. Wood, County Clerk WHEREUPON, the following orders were made and entered by said Court, to-wit: - - - - - - - - - - - - - - - - TREASURER'S REPORT APPROVED FOR FEBRUARY 1956 On this the 12th day of Mfrrch, 1956,' at a Regular Term of the Commis- I sioners' Court of Calhoun County, Texas, with all members of the Court being present, Miss Mary Stephens, County Treasurer, presented her report for the month of February, 1956, and. it having been read in open Court and the Court having duly considered the. same together with the exhibits accompanying same, and having the balances compared in the various accounts and finding said report to be correct, on motion duly made, seconded and unanimously carried the County Treasurer's Report for the Month of-February, 1956, be and the same . is hereby approved. . It is so ordered. :;" to. ~ ----------------- ~AX ASSESSOR AND COLLECTORS REPORT FOR FEBRUARY APPROVED On this the 12th day of Marcll, 1956, at a regular term of the Commis- sioners' Court of Calhoun County, Texas, with,all members of the Court being I~resent, Mrs. C.B. Guidry, Deputy, presented her report for the month of Feb- rouary, and it having been read in open Court, and the Court having duly consid- red the same together with the exhibits accompanying same, and having the balances compared in the various accounts and finds too t said x'eport ,is>'correct, -~ /' I. Dn motion duly made, seconded and unanimously carried, the Tax;.A-ssessor-Collectors I' eport for the month of February 1956, be and the same is here))y approved. - - - - - - - - - - - - - - - - - . . l "" ~ 265 . HOSPITAL AND MEDICAL INSURANCE I On this the 12th day of March, 1956, at a Regular Term of the Commis- I sioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion made by Frank Wedig, seconded by Ernest Radtke and unan- imously carried it was ordered that whereas, the Attory General of Texas has ruled that Calhoun County can contribute no part of any Hospital and Medical Insurance Plan premiwrrl payment but can make payroll deductions when specifi- cally authorized ,by individual'employees, and whereas, the school and Calhoun , . County Memorial Hospital have adopted the Blue Cross and Blue Shield plan, thereupon in order that the employees of Calhoun County. be entitled to group coverage, the Court authorizes Group Hospital Services, Inc. of Texas to con- tact all County employees and when at least 50% of the County employees have consented to the plan of Blue Cross and. Blue Shaeld, under the preferred or comprehensive plan, and have. exe.cut.ed :the ne.cessary pay roll de~uction authorization, that the same be. established as the official Hospital and Medican Insurance Plan of the County, and it is so ordered. PAUPER - JESSIE BAREFIELD I On this the 13th day of MarCh, 1956, at a Regular Term of the Commis- sioners' Court of Calhoun County, Texas, with all mernbers of the Court being present, on motion duly made, seconded and unanimously carried the allowance of Jessie Barefield was extended for March and April, 1956. FARM TO MARKET ROAD 2235 On this the 12th day of March, 1956, at a Regular ~erm of the Commis- sioneIrs' Court of Calhoun County, Texas, with all members of the ,Co.urt being . present, on motion duly made, seconded and unanimously carried it was ordered that settlement be made with Andrew J. Hahn and wife Joann Hahn for the remain- ing of the rights of way for the Drainage Ditch of Drainage District No. 10 twenty feet further out in their land along the right of way of F.M. 2235 and that they be paid the sum of $160.00 for land and damages. .1 ... - - - - - - - - - - ROAD AND BRIDGE FUND On this the 12th day of March, 1956, at a Regular Term of the Commis- sioners' Court of Calhoun County, Texas, with all members of the Court being I present, on motion made by Clarence Barton, seconded by Frank Wedig, and unanimously carried, that whereas, the sum of $241.77 in cash has been deposited since 1944 in the Sheriff's vault without proper indentificatj.on and most probably belongs to the Road and Bridge Fund of Calhoun County, - "- Texas as excess tax sales, therefore it is hereby ordered that the sum of . ...,j ""'266 -, .... 00 e'~ ~ eo N . ~ $241.77 be ordered deposited by the County Treasurer in the roasi and bridge fund, and that a proper motion be made 'thereof in the ,event that records are hereafter found identifying the same or any part thereof, as determined by a final order of a court for competent jurisdiction, and that a copy of this order be given to assessor and Collector of Taxes of Calhoun County for the ,I use of the Tax Collectors Office. - - - - - - - - - - - - - - 1 DEPUTATION-DEPUTY SHERIFF On this the 12th day of March, 1956, at'a Regular Term of the Commis- sioners' Court of Calhoun County, Te'xas, with all members of the Court being present, on motion made, seconded and unanimously adopted the deputation of Bernie D. Rutherford as Deputy under Sheriff Leonard M. Fisher was ordered approved and filed for record as of March 2, 1956. . --------------- CALHOUN COUNTY MEMORIAL HOSPITAL On this the 13th day of March, '1956, at a Regular Term of the Commis- sioners' Court of Calhoun County, Texas, with all riiembers of '~he Court being present, on motion made by Frank Kemper, seconded by Clarence Barton and unan- imously adopted it was ordered that the request as to necessity for proper insurance coverage for professional liability and Public Liability and Work- I men Compensation as requested by the Board of Trustees of the Calhoun County Memorial Hospital, be and they are nereby authorized out of hospital operating r/ fund to provide insurance protection as to Professional Liability and Public Liability and that the County workmen Compensation coverage be extended to cover the permanent hospital employees. BY-PASS PORT IIi VACA STATE HIGHWAY,NO. 35 ~~. . . On this the 13t~ of March, 1956, at a Regular Term of the Commis?ioners' Court of Calhoun County, T~x~s, with all members of the Court being present, the Commissioners' Court after a suryey upon the surface of ~ll the tracts involved on the proposed By-Pass right of way for State Highway No. 35, determined the final offer to be made each land owner. (~ I 18. On motion made by Clarence'-!3arton, seconded ~by Frank Kemper and un- animously passed the follo"!ing final offer was made to Adolph J. Malchar, , ' ~c" consisting of 0.105 acres at $1200.00 per acre. . I \ , ;~-. . -, ... ~ ~ ..... 266~ ~. . 19. I On motion made by Clarence Barton, seconded by Frank Kemper and un- animously passed the following final offer was made to Travis Jacobs, con- sisting of 0.059 acres at $800.00 per acre. 20, . I On motion made by Clarence Barton, seconded by Frank Kemper and un- animously passed the following final orfer was made to Preston O. Roemer consisting of 0.057 acres at $800.00 per acre. 21. On motion made by Clarence Barton, seconded by Frank Kemper and un- animously passed the following final offer was made to M. J. McCutchens . consisting of 0.296 acres at $800.00 per acre. ;,.t. 22. On motion made by Clarence Barton, seconded by Frank Kemper and unanimously passed the following final offer as made to Blanche E. Bastain consisting of 1.370 acres at $600.00 per acre. 23. I On motion made by Clarence Barton, seconded by Frank Kemper and un- animously passed the following final offer as made to Mary Kate Michot, et vir, E. W. Michot, consisting of 6.270 acres at $600.00 per acre and $200.00 per acre for damages and adjust fences. 24. On motion made by Clarence Barton, seconded by Frank Kemper and un- animously passed the following final offer as made to the A. F. of L. Union, consisting of 0.429 acres at $800.00 per acre and $1500.00 for the building. . 25. On motion made by Clarence Barton, seconded by Frank Kemper and un- animously passed, the following final offer was made to the Kemper- Lawley Company consisting of 4.377 acres, which when purchased cost $680.56 and the Court is offering $800.00 per acre. . I 26. The Court has made an agreement with J. E. Ezzell's 0.023 acre tract. 27. I On motion made by Clarence Barton, seconded by Frank Kemper and un- animously passed, the offer of Mrs. Olive B. "Jordon for 0.567 acres at $400.00 per acre was accepted by the Court. 28. On motion made by Clarence Barton, seconded by Frank Kemper and un- animously passed, the following final offer was made to the Bauer-Smith Ranch, consisting of 8.568 acres at $800.00 per acre. . II i r- .... .... ,... ;Jj,~~ oo"""ll ~ ~ ""... \",;.,..i N . . 29. On motion made by Clarence Barton, seconded by Frank Kemper and un- I .' animously passed by the Court, Mr. R. A. Barton wa~ instructed,to contact Mr. John A. Garner, representing himself and Mr. W. D. Garner for their tract of land consisting of 14.170 acres and report to the Court at a later date. , I , . I~ , , , , .. , . i I i I' i . , l ..... Or' ,I I I 'I I { '9 , ,~ ., c2r;.7 i I EX PARTE: APPLICATION OF LAVACA PIPE LINE COMPANY FOR EASEMENT UNDER AND ACROSS PUBLIC STREET TO SAID HONORABLE COURT J I I J I J CALHOUN COUNTY, TEXAS IN THE COMMISSIONERS COURT OF AND THE MEMBERS THEREOF: NOW COMES LAVACA PIPE LINE COMPANY, a private corporatian duly incorporated and daing business under the laws af the State of Texas. and presents this its application to. this Honorable Caurt ror authority far itself, its successors and assigns, to. construct. reconstruct. repair. maintain, and aperate a gas pipe line under,thraugh, and aeros~ the fellowing described land in the Olivia Townsite in the William Arneld League in Calhoun / Caunty, Texas: TRACT I: Along Firth Street from the Northwest corner ef Black No. )6 to the East side of D Street; Said Pipe Line Right-af-Way beginning s~ation 354/68.14-at point which bears N 01 deg 10 min 14 sec W 10 feet from the Nerth- west corner 0.1' Block No. 36 0.1' the Olivia Township; THENCE: N 88 deg 49 min 46 sec E parallel to. and 10 feet from the South line 0.1' Fifth Street, at 210 feet passing the Northeast carner of Bleck No.. 36 at 245 feet passing the center line of B Street at 280 feet passing the Nerthwest corner. 0.1' $;, Block No.. 35 at 580 feet passing the Northeast corner of Blaok No.. 35, at 615 feet passing the center line of C Street, at 650 feet passing the Northwest corner of Block No. 34. at 950 feet passing the Northeast carner of Black No. 34, at 985 feet passing the center line 0.1' D Street, at 1010.0 feet to a paint 'station 3C4/78.14 where the ltne makes an angle to the right, said point being S 88 deg 49 min 46 sec W 10 feet from the East line of D Street. Length of Pipe Line in Tract I = 1010 feet = 61.2 rads. TRACT II: Along D Street from a paint 10 feet North of an o J "':i ~7--'_c -7~ cor~ , _, I ~~~~_ - _,,,-.-.-r;- _" ""'- -_. " -~--- ~. ..... I; "'~<:.-' extension of the South line of Fifth Street to a point 59.5 feet South of the South line of Third Street; Said Pipe Line Right-of-Way beginning at point station 3641 78.14 which is S 88 deg 49 min 46 sec W 10 feet from the East line of D Street and N 01 deg 10 min 44 see W 10 from im extens.ion of the South line of Fifth street; THENCE: S 01 deg 10 min 44 see E parallel to an.l 10 feet from the East line of D Street at 310 feet passing ~he Southwest corner of Blook A, at 345 feet passing the centerline of Fourth Street, at 380 feet passing the Northwest corner of Block 40, at 680 feet passing the Southwest corner of Block 40. at 715 feet passing the centerline of Third Street, at 750 feet passi~~ the Northwest corner of Block No. 47, at 809.5 feet to a point station 372/87"64 where the line makes an angle to the right. Total length of Pipe Line Right-of-Way in Tract II = 809.5 fe~t ; 49.06 rods. TRACT III: Crossing D Street between Second Imd Third Streets said Pipe Line Right-of-Way crosses .D Street at a point station 372/87.64, S 01 deg 10 min 44 sac E 59.5 feet South of the South line of Third Street and S 88 deg 49 min 46 sec W 10 feet from the East line of D'StreetJ THENCE: S 88.deg 49 min 46 sec W 60 feet to a point station 373f47.64. in the East line of Block No. 48,. said point bears S 01 deg 10 min44 Sec E 59.5 feet from the Northeast corner of Block No. 48. Total length of Pipe Line Right-of-Way in Tract III a 60 feet = 3.65 rods. Applicant represents'to the court in mipport of its appli- catiOn that due care will be exercised in the construction of said pipe line so that it will not impede traffio or the maintenance of said street, and that such street will be promptly restored to ita former c?ndition o~ usefulness, and applicemt further agrees t~at if said street is widened or the looation of said street changed, that said applicant will at HEl own expenu lower the said" pipe 'I. ~-- , ., I I' ~.- ~"' ~ , ~\. . ~ " - ~. >.v':"- .' ... c:2 &. ~. ,I ':1' line to meet the requirements of the Commissioners Court of Calhoun County. Texas. lmEREFORE, PI' emises considered, applicant prays and pa ti tions this Honorable Court to grant to applicant the right to oonstruc~. reconstruct, repair, ,maintain and operate a gas pipe line under, through and across the public street hereinabove designated and described and that this Honorable Court make its order and cause the same to be entered in the minutes of this court approving the application and authorizing the execution and delivery of a suitable easement and right-of-way grant from and on behalf of Calhoun County and this Honorable Court to applicant, securing to applioant in recordable fo!'ll1 the easement and right-of-'way and the rights and privileges here now prayed for.' Applicant further petitions this court to make and enter such other and further orders and to execute and deliver suoh other and further grants in behalf '., e' , ~ ,~~ . . r I of application as. to the said Ollurt may seem prop'll!'. IJlllA{lA ~IPE LINE COYJ>ANY BY ,.~~ I I ~ ,., . '~. 1 4Il '" :6/10 1 , ", ' I: EX PARTE: I IN THE COMMISSIONERS COURT I APPLICATION OF LAVACA PIPE I .,. I OF LINE COMPANY FOR EASEMENT I I UNDER AND ACROSS PUBLIC STREET I CALHOUN COUNTY, TEXAS ,I: BE IT REMEMBERED THAT on this the /? day of )j"y /1.A;dJ ) A.D. 1956, oame on to be heard and oonsidered by the Commissioners Ciurt the application on this day filed with the Clerk of this court by LAVACA PIPE LINE COMPANY for an easement and right-ot-way to oonstruot, reconstruct, repalr, maintain and e,perate a gas pipe line under, through and across oertain public street~ cf C~lhuun , County, Texas, described in said application at points to be selected by LAVACA PIPF, LINE COMPANY within the limits described in said applioation whereupon the Court, being in t'egul6.1" session, proceeded to oonsider said application and to hear evidenoe in support thereof. No objection was made to said application and no protest was made against the granting thereof' and the Court having duly considered the mfUlle and its mel'ita and the evidence in BUppOt't thereof is of the op:lnion and fin.?s that saidappl1cation. should b'!I granted, and thElt HOlrard G. HSl'tzog, County J11dge of Calh01ln Count:r, a~d-the presiding officer of thIs Court should be duly authorized by order and judgment of this Court to exeoute and deliver to the said LAVACA PIPE LINE COMPANY the easement and right-of-way des- oribed in said application. IT IS THEREFORE ORDERED. ADJUDGED AND DI~dREED by the COUl"t , that LAVACA PIPE LINE COMPANY is hereby gran'!;ed authority for itself, its successors and assigns to construct, reconstruot, l"epa1r, . maintain, and operate a gas pipe line undel", through and across the following descl"lbed li nd in the Olivia '~ownsite in the William Arnold League in Calhoun County, Texas: TRACT It -Along Fifth Street from the Northwest corner of Block No. 36 to the East side of D. Street, Said Pipe Line Right-of-Way beg1nning station 354168.14 at point ~ich bears N 01 deg 10 m1n 14 see W 10 feet from the North- west cot"ner of Blook No. )6 of the Ol1viaTownshiPJ , ,<,. ~'I. ~ .< ~ .... .27/ I o , THENCEt N 88 de$ 49 min 46 seo E parallel to and 10 feet from the South line of Fifth Street. at 210 feet passing the .'~ Northeast corner of Blook No. 36 at 245 feet passing the center line of B ~treet at 280 feet passing the Northwest corner of Block No. 35 at 580 feet passing the Northeast corner of Block No. 35, at 615 feet passing the center line ot 0 Street, at 650 feet passing the Northwest corner.of Block No. 34, at 950 feet passing the Northeast corner of Block No. 34. at 985 feet passing the center line of D Street. at 1010.0 feet to a point station 364178.14 Where the line' makes an angle to the right, said point being S 88 deg 49 min 46 sec W 10 feet from the East line of D , . Street. Length of Pipe Line in Traot I . 1010 feet = 61.2 rods. TRACT IIt I .>: .' -' .'.'. I Along D St~eet trom a point 10 feet North of an extension of. the South line of Fifth Street to a point 59.5 feet South of the South line of Third Street. S81d Pipe Line Rlght-of-Uuy beginning ed; point station 3~i '18.14 \ll;Iich is S 83 deg 49,min ~.6 s~o \-1 10 feet .front the Eest Una e>f D Street and li 01 laG!/; 10 mi1l1 44 Bec W 10 from an extension of thG Sou.th line 01' Fifth Street. THENCEt S 01 deg 10 min .~~ sec E parellal to and 10 feet from the East line of D Street ~t )10 feet pa'ssing the Southwest corner of Block A. at 345 feet passing the centerline of Fourth Street. at 380 .feet passing the Northwest corner of Block 40. at 680 feet passing th~ Southwest corner of Blook 40. at 71? feet passing the oenterline of Third Street, at 750 feet pas~ing the.Northwest corner of Block No. 47, at 809.5 feet to a point station 372f87.64 where the line makes an angle to the right. Total length of Pipe Line Right-or-Way in Tract II = 809.5 feet · 49.06 rods. TRACT IXI: Crossing D Street between Seoond and Third Streets Said Pipe Line Right-of-Way crosses D Street at a point I'" I q .... .tJ 1.2, I. I. station 372/87.64, S 01 deg 10 min 44 sec E 59.5 feet South of the South line of Third Street and 8 88 deg 49 min 46 sac W 10 feet from the East line of D Street I THENCE I S 88 deg 49 min 46 sec w 60 feet to a point sta::lon 373147.64, in the East Hne Df Block. No. 48, said po:Lnt bears S 01 dog lOmin 44 See E 59.5 feet from the No~theast corner of Block No. 48. Total length of Pipe Line Rignt-&t-Way in T~act III . 60 feet . 3.65 rods. 'I' Provided, however, that the grant of this.easement and right- of-way is made, and the instrument hereinafter provided for is to be executed, on the condition that such pipe line is to be con- etr>ucted sonas not to impair traff'icor the maintenance of said public street and that following the laying of such pipe line that such .street will be promptly restored to its fOl'lller 'condition of' usefulness. Applicant further agress that if' said street is widened or .the location of said street changed that said applicant "ill at its own expsnsll lower 1:he saId pip';' line to meet the ~equlrements of ~he C~Dmdssioners Court of Caliloun County, Texas. }' I It is further ORDERED, ADJUDGED, AND DEORH:ED by the Court that HoWard G. Hal"tl!log, County Judge of Ce.lhoun Cou:nty, Texas,. shall, and is hereby directed, on behalf of' this Court to execute and deliver to LAVACA PIPE LINE COMPANY as easement and right-of-wa;y in reoordable form showing the grant. by this COUf't of Baid easement and right-or-way for the purposes and only the purposes above 1II$ntioned and subjeot to the conditions above set forth. 'Howard'G.Hartzog; CountyJudge~ Calhoun county, Texas. I Frank E. W'ed1g, Commissioner, Precinct lIo. 1, Calhoun County, Texas. R. F. Kempe!", Comm1ssioner, Precinot No.2, Calhoun County, Taxa s. I t I I , ~ ,. . I I' " ATTEST. . Maut'1oe G. Wood, County Clerkg Calhoun CiWnty, Texas. . , ' " I .. .1 I ."-". I Ernest Radtke, Commissionsr, P:rea1nct No.3, Calhoun County, Texas. Olarenoe Bal"ton, Commissioner, Precinot No. 4p Calhoun County, Tens. ' " " ~ ~ ~ n~__--, ,;2 7a ~. ...j ":)~ 1 J/ I. I EASEMENT AND RIGHT OF WAY CALHOUN COUNTY 1~0 LAVACA PIPE LINE COMPANY THE STATE OF TEXAS COUNTY OF CALHOUN I KNOW ALL MEN BY THE;SE PRESENTS: I ../ That I, Howard G..Hartzog, County Judge of Calhoun County, Texas, by virtue of authority vested in me by th.e Commissioners Court entered on the liP^-' day of J1td ....LA) . A.D. 1956'- and in behalf of said Commissioners Court do her'eby gl'ant authority to LAVACAPIPE LINE COMPANY, its successors and assigns, to oon- struot, reoonstruot, repair, maintain, and o'Pel'~1!~. a gas pipe line ovel', through and across 'he following described land in the Olivia Townsite in the William Al'l'lold League 1n Calhoun County, 'l'exfl.sZ TRACT I: Along Fifth Street fl'OID the Northwest oomerof Bloak 'No. )6 to the East side of D Street; Said Pipe Line Right-&'-~"'By beginning !ItaU.on, 354/68.14 a;;t point Which bears N 01 deg 10 min 14 sea W 10.fel!lt from the North- west corner of Block No. 36 of the Olivia Townsh~LpJ THENCE: N 88 deg 49 min 4-6 sec E lJl rallel .~o and 10 feet from the South 'line of Fifth Street, at 210 feet passing the Northeast corner of Blook No. )6"lB.t 245 feet pasI3ing the center line of B Street at 280 feet passing the Northwellt corner of Blo'ck No. 35 at 580 feet passing the Northeast C()l'ner of Block No. 35, at 615 feet passing the center line of C Street, at 650 feet passing the Northwest corner of Block No. 34, at 950 feet passing the Northeast corner of Bloak No. 34, at 985 teet passing the center line of D Street, at 1010.0 feet to a paint statiGa 3tJ.Ji78.14 lihere the line makes an angle to the right, said point being S 88 deg 49 min 46 sec W 10 feet from the East line of D .--.,t-'". I " I ~. Street. , Length of Pipe Line in Tract I II 1010 feet a 61.2 rods. TRACT II Z Along D Street from a point 10 feet North of an extension I " . ::~~~~. l .-:;j r I I I ..-" I ,. 'I :Joo ........ " """Il .;2 7,. '<;~ ' f .'.i), of the South line of Fifth'Street to a point 59.5 feet South of the South line of Third Street, Said Pipe Line Right-of-Way beginning at point station 364,1 78.14 which is S 88 deg 49 min 46 seo W 10 feet from the East line ofD Street and N 01 deg 10 min 44 sec W 10 from an extension of the South line of Fifth Street; THENCE: S 01 deg 10 .min 44 ssc E parallel to and 10 feel from the East line of D Street at 310 feet 'passing the Southwest oorner, of Blook A, at 345 te~,t passing the centerline of Fourth Street, at 380 feet passing tne Northweat oorner of Block 40, at 680 feet passing the Southwest corner of Blook 40, at 715 feet passing the centerline of Third Street,. at 750 feet passing the Northwest ~ oorner of Blook No. 47, at 809.5 feet to a'point station 372187.64 tmere the line makes an angle to the right. Total length of Pipe Line Right-of-Way in Traot II = 809.5 re~t · 49.06, rods., TRACT III: " , . Crossing D Street between Seoond and Third Streets. 8ald Pipe Line Right-of-Way crosses D Street at a point station 372187.64, S .01 deg 10 min 44. sec E 59.5 feet South of the South line of Third Street and S 88 deg 49 min 46seo W 10 feet from the East line of.D Street, THENCE: 8 88 deg 49 min 46 .sec W 60 feet to a point station 373f47.64,in the East line of Block No. 48, said point bears 8 01 deg 10 min 44 Seo E 59.5 teet from the Northeast oorner of Blook No. 48. ,. / / ; 'f; Total length of Pipe Line Right~of-Way in Traot III = 60 feet . 3.65 rod's. \. Provided, howevert that this grant of easement and right-or-way , is made upon the oondition that the said LAVACA PIPE LINE COMPAIiY, its suocessors and aasignB, shall construot such pipe line so that it shall not impede traffic or the maintenance of said street and that such street will be promptly restored to its former condition \ ---) .... r--' .21' -_\\ ~, " of usefulness, and that said easement and rlght,-l!lt-way shall be for th8 purposes above set forth and for no other ~irposes. and pro- vided f'ul"thei- that should' the said street be tdlliened or the looa'tion cbaitg~d, the~'jald'r~avaoa Pipe Line Company, its suocessol"S , , andissigns, shall at>1ts'own expense lower:the said pipe ,line to , ' , meet the requirementsiof the Commissioners Court of Calhoun County, Texas. TO ,HAVE AND TO HOLD said easement and right-or-way under, ,through arid aol'OSS said, public st1'leet unto said LAVACA PIPE LINE , COMPANY, 'i ts BUeOeS,sors' and ' as signs, as long 8S the same is uBed for the purposes h81"einabov8 set forth. ,., . 'IN WITNESS WHEREOF Ihav'ehereuntosubscribed mY~hame.and affixed ;my" seal of "af' flcEithi'S:the' ,/2.- -n...., day' of ~ A.D~ 1956. . , ~.."J";' -:::. Howard G. Har.tzog, County Judge' ot Calhoun County, Texas,. .' , ' THE STATE OF TEXAS .1 I COUNTY OF CALHOUN, I BEFORE ME, the uri'd~rsl'gned authority in ahd for Calhoun l,..:' ,,' :.-t'. . County, Texas, on this, daype l'sonally appeared' Howard G. Hartzog, knoWn to me to be the person mose name is sublJcribed to'the fo:zoe- going inStrument, ahdaoknowledged to mlil' that he executed the same , for the 'purposes and, consideration 'thel'ein expt'essed, and in the oapaoity therein stated.' Given under my hand and s'ealor 'office tWls ine /2~ day of' ~ . A.D. 1956. Notary Publ~lc in and fol' Calhoun County, T.eXll.S. I I I I I , / - .' -, :- - f';~ ~ --. ~ ~ ~ " . " I I / ; .' <'I ' -;:;, ;2 2". -:::: BLOCK B FRIIIYIf C. /YJooRE e L 0.J "- - / - If ---- I }-\ ? i - / --' .' 1 / , :>-' t-' ~ <.fJ (l~ ) ~ z - <( I- Z I <:l: )-, ~ I (j'J I I LAVACA PIPE LINE COMPANY PROPOSE D a" PIPE LINE , POINT COMFORT TO OLIVIA JOHNSTON It FORO ENQ. FIRM VICTORIA ,TEXA' SCALE: I" ~ 200' 24 ,e:SfWAAY 19155 CAL. 56-12-0 JOB.NO. 18~ 156-A - R(~tSECl:2_MARCH 19!56 - / i , , / I A ,FR,tl/Y/f' C MOORE ST, ~ Jl- j BLOCK N OLD \ \ II \ \ _, I ~ , \ T9 '6' r \ '\ 0 0 tr; fa -j t' r PR-' \ ' ~ -1 r:: _ ~StD s" PIP \ \ L I L 7 _r \-- I S. '40""1""( _ 410.0' \ \ '3 TH - - - . ___.\.-- N.eso 4,'4.". 0' ST 364+ 78'14Rj' r1.88"49'46"E'. J / I " . ) /.0' 'Kl' 12 '1 r' ,i - ~ I / ,I 10 I I ,,- - I J // JOSEPH Q. 'rt~ ~W'LSOH 2 II G, 2 I, / I ET. 10 I I ' ~ 10 I i f-' I : ~ 9 4 (/ 9 1 I ~3' I \ e 0 51 8 j \\. 7 7 6~T- \ I --- I I "I'\e;' FOURTH o I.. "'I \ I 12 ' - \ , /2 , , \ '.. 2' " "CJI \v ", \.,:. - - ~ ' ,,, 3 10 ", \ '\\ @4= 9 38 \\ _CD_ II \ \ S = e L ' , \ " 6 7 \ " , , '--____ ',,__ \;y jyJ. T H I R 0 77 "<'\ ~ ~ \ \ ' , -\1 \ . -- \\ ~9 \ \ , . I ., '\',\ \ \ 7-r 01 i,:J.;V \\' \ \ '-"IL '.,' \ I - ,,\,~ \ \ SECOND " \ \ ,I \\ \ , \ \' \ ' , \ \ I \\\\ ,'\ 1,'\\\ \ -' " \, " , ' I, ) I' " ,,; o '" 6 J ST. ~ ~ ...SON J H If 2' Cl :D iii iii 'A. \l\ ':D <J) ^ \l\ \ \ " o ~ .... r- :Z~,7.Ji' ;:;' - . SPECIAL MARCH TERM HELD MARCH 26, 19,56 I THE STATE OF TEXAS COUNTY OF CALHOUN f I ~ BE IT REMEMBERED, that on this the 26th day of March, 1956, there was r begun and holden at the Courthouse in the City of Port Lavaca, said County and state a Special Term of the Commissioners Court within and for said I County and State, same being the Special March Term 1956, and there were present on this date the following officers of the Court, to-wit: HOWARD G. HARTZOG, County Judge FRANK E. WEDIG, Commissioner Pl'. 1 R. F, KEMPER, Commissioner Pro 2 ERNEST H. RADTKE, Commissioner Pl'. 3 CLARENCE BARTON, Commissioner Pl'. 4 MAURICE G. WOOD, County Clerk WHEREUPON the following orders'were made and entered by said Court to-wit : RIGHT OF WAY, BY-PASS On this the 26th day of March, 1956, at a Special Term of the Commis- sioners' Court of Calhoun County, Texas, with all members of the Court being I, present on motion made by Clarence Barton, seconded by Frank Kemper, it was unanimously ordered that all of Lots 3, '4, 5 and 6 of the Lynnhaven Addition be purchased by the County in order to provide the right of w'ay for the by- pass for the State Highway and that Lamar Marshall be paid the swn of $6,000.00 and that when two deeds have been prepared and signed they shall be paid for as follows: RIGHT OF WAY - paid out of the Right of way fund; Balance of Lots 3, 4~ 5 and 6 paid out of the P. I. Fund. Ezzell Land - Point Comfort: Mr. J. E. Ezzell agreed to convey his right of way to the state of, Texas conditioned on the County asswning the obligation of tiling the highway ditch for 60 feet and to move the' building if it is required by the State Highway Department. On motion made by Ernest Radtke, seconded by Clarence Barton, the Offer of J. E. Ezzell was unanimously accepted and the County agrees to tile said ditch' for a distance of 60 feet and to move the building back on the land if t4e I ~-' ".', same is desired by Mr. Ezzell. I l "'- "" ,.... 279~ . I the request of the 26, 27,& 28 Porter sum of $2,200.00. the Court offered Westerholm Tract - Mr. H. A. Westerholm and George Rhodes appeared at Court and submit ted, that the right of way through Lots Addit~on' and damages to the remainder would amount to the On motion made by Frank Wedig, seconded by Frank Kemper, $2,000.00 for the land and damages, and after due considera- tion, Mr. Westerholm accepted the offer of the Court in the following manner I $1,000.00 for land and $1,000.00 for damages. Motion,passed unanimously. AID 'FOR MINOR CHILDREN On this the 26th day of March, 1956, at a RegUlar Term ofr~he Cammis- ,<' sioners' Court of Calhoun County, Texas, with members of the Court being . . . ~ ~ . present, on motion made by Frank Kempe:, s~conded by Frank ~~dig an~ ~an- imously adopted, 'rent was paid for Norman Morgan, a minor for the Month of March 5 to April 5, 1956 in the ~no~t of $35.00. - - - - - - - - - - - - - - COURTHOUSE AND FAIR GROUNDS On this the 26th day of March, 1956, at a Regular Term of the Commis- I sioners' Court of Calhoun County, ~exas, with al~ ~em~ers of the Court being present, on motion made by Frank Wedig, seconded by Ernest Radtke and unani- mously adopted the County Judge was instructed to contact the five (5) architectural Firms listed by the Public Building Committee that the Court desired to have personal interviews and to inspect their work and to make arrangements and advise the Court. The Court appointed a sub-committee constituted by Frank Wedig, Ernest Radtke and Judge Hartzog to proceed to Hempstead and Bryan and inspect the new Co~thouse as work done by the firm of Caudi~l, Rowlett, Scott and . Associates and report to the Court at the next regular or special meeting. The Court appointed a sub-committee of Clarence Bar~on, Ernest Radtke and Frank Kemper to proceed to San Antonioa~d i~spect the buildings of Julian and White and Paul G. Silber and Company. I The Court appointed a sub-committee constituted by Clarence Barton, Frank Wedig and Frank Kemper to proceed to Houston to inspect the work of Rustay and Martin and Emory S. White and Arne G. Engberg. That regardless'lof subcommittee appointment all members are requested to be present during all inspections and interviews. I - . .... ""'280 ao""llll ~ ~ eo N -- . REGULAR APRIL TERM HELD APRIL 9 & 10, 1956 I THE STATE OF TEXAS COUNTY OF'"CALHOUN I I I BE IT REMEMBERED, that on this the 9th and lOth days of April, 1956,' there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State a Regular Term of the Commissioners' Court w:l:thin:cand for said County and state, same being the Regular April Term 1956, and' there were , I present on these dates the following officers of the Court, to-wit: HOWARD G. HARTZOG, County Judge' FRANK E. WEDIG, Commissioner PI'. 'No. 1 " R. F. KEMPER, Commissioner PI'. N6. 2 . ERNEST H. RADTKE, ,Commissioner Pro 3 CLARENCE BARTON, Commissioner PI'. No.4 MAURICE G. WOOD, 'County Clerk. WHEREUPON the following ,orders were made and entered by said Court, .. to-wit: TREASURER'S REPORT"APPROVED FOR MARCH 1956 On this the 9th day of April, 1956, at a Regular Term of the Cornmis- I, sioners' Court of Calhoun County, Texas, with all members of the Court being present, Miss Mary Stephens, County Treasurer, presented her r'3port for the month of March, 1956, and it having been read in open Court and the Court having duly considered the same together with the exhibits accompanying same, and having the balances compared in the various accounts and finding said report to be correct, on motion duly made, seconded and unanimously carried the County Treasurer's Report for the month of March, 1956, be and the same . is hereby approved. It is so ordered. INDIANOLA STATE PARK - TAX ADJUSTMENT On this the lOth day of April, 1956, at a Regular Term of the Commis- I sioners', Court of Calhoun County, Texas, with all the members of the Court being present, Whereas, it has been brought"to the attention of the Court that various lots in the Indianola area which, the Court has ,agreed to convey' to the Texas State Historical survey Committee, Texas Historical FOundation ~.'. as a State Park, were condemned by the County, and 'by error have not'been I~ removed from the tax rolls, and various original owners or their heirs have been,assessed and paid taxes thereon. . l r 281,~ . ----- -----.- ---- -- -- -'" THEREFORE, on motion made by Commissioner Barton, seconded by Commis- I sioner Wedig that the County Auditor and Tax Collector be requested to make a full check of such record and after determination are instructed to return such taxes so paid out of the general fund. STATE PARK I On this the lOth day of April, 1956, at a Regular Term of the Commis- sioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion made seconded and unanimously passed, it was ordered that Ross Terry, County Tax Attorney be authorized and instructed to file with the COnIDlissiorers' Court a description of the property which has been offered at . delinquent tax sales, which has not been sold, and also to advise the Court relative to any agreement with tax payers who have paid delinquent taxes on property which was offered for sale and not sold. , . ALLOTMENT COMMISSIONERS PRECINCTS On this the lOth day of ' April, 1956, at a Regular Term of the Commis- sioners' Court of Calhoun County, Texas, ,with 'all members of the Court being I' present, on motion made, seconded and unanimously carried, the division of Road and Bridge Funds consisting of One Hundred Thousand~lOO,OOO.OO) Dollars - are divided as follows to each Commissioners' Precinct: Precinct I - 29%; precinct 2 - 23%; Precinct 3 - i5%; Precinct 4 - 33%. EQUIPMENT FOR PRECINCT 2 On this the ~Oth day of April, 1956, at a Regular Term of the Commis- . sioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion made by Frank Kemper" seconded by Clarence Barton and unanimously adopted by the Court that the following notice be given. NOTICE TO BIDDERS Take notice that sealed bids addressed to the undersigned will be received by the Commissioner's' Court, in the Courthouse in Port Lavaca, I Texas, until 10:0? o'clock A.M. on,the 14th day of May, 1956, for the fOllowing described equipment for use by Calhoun County Precinct No.2. Each bidder shall file their bid as follows:: ~:: "One - Two ton dump truck, equipped with two speed rear axle, 7.50 x I 20 8 ply front tires and 8.25 x 20 10 ply rear tires, and three yard water level dump bed, less trade in on truck, to be viewed by appointment with R. F. Kemper. A certified check in the sum of five per cent (5%) of the amount of bid must accompany each bid. The Court reserves the right to reject any or all bids or parts of . bids. ..... ...j ""-282 ClO ~ ~ tr.J N . BOARD OF EQUALIZATION On this the 10th day 0.1' April, 1956, at a Regular Term 0.1' the Cammis- sianers' Caurt 0.1' Calhoun Caunty, Texas, with all members 0.1' the Caurt being ,; I' preS,ent, whereas the law pravides that the Cammissi~mers' Caurt shall canvene I on the secand'Manday 0.1' May, 1956, as',a Baard af.Equalizatian anc.i -"-,,hereas the Tax Valuatian Engineers 0.1' Calhaun County will be available for hearings an Monday ,marning, , the 28th day 0.1' May, 1956. I PAUPER On this the lOth day of April, 1956, at a Regular Term of the Cammis- sioners' Caurt 0.1' Calhoun Caunty, Texas, with all members 0.1' the Caurt being present, an mation made by Frank Wedig, secanded by Ernest Radtke, it was . 4 . unanimausly ardered that the caurt supplement the pensian 0.1' Mrs.Darrie~ at the Twin Pines Rest Home of Victoria, and :hat the Hame be given authariza- ~ian accardingly. VOLUME "z" - MAP RECORDS - CALHOUN COUNTY, TEXAS present, there came an far c?nsi,deratian the proper pratectian of the Original Map Records 0.1' Calhoun Co.unty, Texas, as disclased in Volume "Z". On mation duly made, secanded and unanimously carried, tpe County Clerk Wl~S autharized . .. ~ I to emplay the services 0.1' Jahn WaJ,sJ-rJm, DalJ.y, .-!3inder 0.1' Public Hecord Boaks, Dallas,' Texas, to pracess all of the Map Recards in Valume "z" ~Ii th a protectian and t,o pay the same aut 0.1' the praper fund as pravidE,d by law. COUNTY ROAD RIGHT OF WAY ADJACENT TO HIGHWAY,35 ~, . On this the 10th day bf April, 1956, at a Regular Term 0.1' the Carnmis- sianers' Court 0.1' Calhaun Caunty, Texas, with all members 0.1' the Caurt being present, Whereas, an applicatian is naw pending befare the Cammi.3sianers' CaUt't far adeterminatian 0.1' the status as whether ar nat a public raad ar a private , easement exists acrass the Western side 0.1' Bleck 6 0.1' the R. J.' Ciaw Subdi vi- I sian 0.1' the A. Esparza i/2' League, which 30ft. easement, whethel' public ar ,- private, lays fram 5 to. 40 feet west 0.1' State Highway No.. 35, between the Old Lynn's Bayou Bridge and tne entrance 0.1' Lynn Haven subdivisian on Calhoun street and which applications are farmally represented by the fallawing instru- I ments. . I l ...... 4477 I I 1 I I tj -~, e:l3.3 AhuninuItl (~OlnpHllg uFJ.-\uu-'rira 1)' L" C elT t'tlTnJ llllUflrt. ,r.xas CAt...HOUN COUNTY March 30. 1956 The Commissioners Court Calhoun County qalhoun County Court House Port Lavaca, Texas Gentlemen: In the matter of a request submitted to you to close the county road from Calhou:n Street to Lynn ;Bayou, which lies between Block 9 of the Lynnhaven Subdivision and the right-oI-way of State Highv/ay 35. this ,is to assure the Commissioners Court that as owners of Block 9, which is adjacent to the, county road. the Aluminum Company of America does not use the road for access to its property and has no objectiqn to the abandonment of this road by the Commissioners Court, - ' IT in the opinion of the CoUrt, the previously received petition to abandon. this road is in the best interes,ts of the city, county and adjacent property owners, then the abandonment proceedings should go forward since the Company has no interest in continuing the road'as a county thoroughfare. Yours sincerely, , I ,} .,' B.H, Sloane Works Manager AlwninurriCompany of America Point Comfort Works BHS:im " :L \ .... .:l,tf9 , ,,';'\.- _199 Pl/IraLUllfo Aomn' M&aDrE NEEDS Fu.LEl> (p-J l H. C. HARTZOG'S SHIPYARD H,C,HARTZOG,OWN'" rACZlol"lUl . I&BVJCE . ..QUIP.... " . MA'I'D1IU. POIl1' LAvaca. TDAlI Dec. 15, 1955 To the: Presiding Judge and Commissioners Court Calhoun County Texas Gentlemen: In the early days of Port Lavaca a cemetary occupied the bluff where the freezing plant now stands and it overlooked a large boggy marsh where now is the municipal basin. ' A bay front road from town jogged past the cemetary and around the marsh to cross Lynns Bayou on a wagon bridge where it forked hard ,to the left and also hard to the right down the Bayou and around the Thayer place and up the Bay to Nobel Point. From time to time the 'hurricanes nibtlled em the road and it moved and moved until, it was in Mr. Thayers front yard and could gono,tu~ther. The neighbors decided that it was easier'to go around than to move the house so Mr. Marsh who lived above Mr. Thayer decided to open a road along his south line so that he could connect with a new addition that was being then ta:lked' up.. He did this and thle road is still there.! It is now called Bayview Drive and Calhoun Street. In the meantime he let his friends short-cut through another tract of his that ran straight down to the bridge and this road was never dedicated to the public through all of the forty years it was used before Highway # 35 was constructed through the same tract cutting the road now called Bayview Drive and crossing the ,Bayou just below the old bridge which still can be identified. \ c~ , --" " .J \ I p, 0, Dos 823 I CUITo.. BQll.DIIlO M&aDrE PowD PLA>lT8 I I I . I, PHon 198 I I'1IRCILUDrO AOENT NAJuNt N= Fn.um I I' I \~ ) /' .... 62. d'S- ~ p, 0, Rox S:l3 H,C.HARTZOG.OWNU H. C. HARTZOG'S SHIPYARD rac:a.rna ~ ARVICI: . :lQV1PMDft . 1U.TDUU. POST LAVACA, 'I'DA8 CU8Tcw BlJUJllllG MA1lan: Pow'CI\ Pt..uml Immediately all the neighbors having access to Highway #35 took action to have the original water front route returned to them. This was accomplished and the owners of the property afterwards acquired by Alcoa for the Lynn Haven addition then had direct access to Highway #35 only by means of the road now known as Bayview drive. This was the situation when Alcoa having purchased the property under the impression that it abutted Highway #35 moved in construction men and equipment who without discrimination removed fences and survey monuments on the assumption that they were on Alcoa property. They were notified of their error and their survey confirmed the fact of the error and the proper markings of the Alcoa line was established by them. It is a fact that the nearest part of the old bridge is 88 feet removed from the Alcoa line thus established, and sustains the fact that the road at that point was entirely within the Marsh tract and is contrary to any suggestion that half of the road belongs to anyone without title to that tract. The writer debates th'e logic by which it is contended that a dedicated road following the bay shore and the north shore of Lynns Bayou may be returned to the land owners as being no longer useful and at the same time question the return of an undedicated route existing entirely upon the property of one of the owners. The writer trusts that upon consideration the good people of Alcoa will again prove their fairness by joining the writer in a request for the return of this property in the same spirit in which their request for additional land to widen the road now known as Bayview Drive was granted them. cc:B.H. Sloan J.B. Dearasaugh Geo. A.Rhodes F.W. Dieble ...::" ..01 "I .~ ~ ~~ mACT. ~~~'~:vii;~tJh<' . i~f~'lI..uU'lIrllJII(i.:''; ~~~... \\\\\ \.. ~~ n 0 ~ ,,-'" '$j ,\".').. ...-.............. 1'\ ," '\!If.'.-, ,I.:t~,".....~....: "t"""iiiIJ,\, I~:, ...;:;~:~,~. f( ~':1 '~':~l:.........~. ~,..'~:. ;,"g~\~1' '.~:; b \,,\~~ 'i/J./",-;' ". ":......,..,;. .....-.......:'....'1. , i.'IISi~~..\..\'\\. '1":IJmlfl~ :'~/. >,...~ ~ !~ I I I~ 'l>: I~ I~ ! I~ ~ - PLAT 'Qc" THAT PoRTJON (F ffl. WES 1. OF STATE: HIGHWAY CALHOtJN COUNTY ltXAS SVRVEYEO APRIL, ., /953 . lie el8-UV CoUNTY ~ ~\ \ ,- '- '<:) .. ,... <;:\ ~ '" " ~ \ .,..;....- ".I'{ , ~,..; --... ~ .. .... . - " , { ......,. [-" \~ G . -_""'=... "'Y-:o~..:: , - 0 :0... 0' - -~ ~ , . _._.L- !- HARTZOG c y ~ " - . ,w ;. ~ .d . ' ~ '~ ~ .~ J " -------- '''- ~ . .... c '" :os -~ ~ .. .~. :;.' ~~,' ~ J . :; \ ~ , 8k' IFr STAll' .' 100 , '- t ..... h .. ,QV <"1, "':'r -,~' '.. . " ' J" .#. _I .' _'" ~" ............_ ,::-J::Joo.__"- .~J... ;....., (j..... :.:.. '. -.'...' p1.f. fJ L .. .. ~. ~,~ _ _ ~ ,... ".l ,..- , f .: , I ' -~. '. -. -- __ ., .. .--- - 17115*..... ..... ~ ,- r. '- , ' <{> / ' .~ "~.- \. '1 ~ -;'_ "-. . ,d 'If, }' ,-_ _ ' Old " ~~"I c". '.. ,,- -;:-.oS:l.'5,S/OO' -'- ," r - - ~"-:..,_._..:.,..-=-~_..:... _ ;.:...:',:',:.,' '.' ~,-~ .; "f,~' <. t:.:i'" ,.., ...~ : - --':'---~'_n - _,__",- ~ ) "<,' "'0, "y.1 "'''''1<', '.," , , '.' -.{ I ,. , . -' -, ',' , ,- ;_''C t"" - ROOd I, \. -' - - 6JS _ - _,' ,_. ' ..... :f1 .. ' -.' ,':' .... .." .4"'"", \ ,J ' ',.' ., ~., " ~ .. " -.. '-'t-e_ \'~' JOO' ,. 1. ," --rg;i/JrCOIYFLJ" " ," :SEWER', ~;I-"" . ~< ~..._- - ...._.:.:~"-_, - '.... ~C" \'..... r... ".~~. 'I -. -- .."'.. r'..... .~ ".' - . In I ' . (,.' ~. ,. LI'~'..-'I"'"'' , t. '_IV-O tr\ .' ,,..- ....,..I'f~~-.l '~.. ....... -' --------- ,,' -t ~,~'-~' "~. ~ " ~ :,,'-:;..t:-'. .1, ;,~ h ':",:'- \ I r ---'--'j :--- -fIOC~~ --~.!.-~~~ri ~'OFF--:S~,T. ;- ..~,'; l', ~'.J ,10- (Jf ='r ," '- ~PRoPERTY LINE, ~ ~ (~ - S'OFF ~r. 100' -'-, - - ~ ~ 'I"" ". /' ~ ' '"' __ ____ __':"._' _' ':_';..'~:~ IQI__ __...!. . ~~ 'lOO' .. ~ 100; ~~ . ~ ",-'~ -......,_"'...1-.",_1._....-_ --~-"------....k-------------_k-- .IQO.. _Cii/ ~';.. _./ _ l ~.,,-, ~~-' -~:, ... ~~ ~---;----~-~----;---~ -". --- - -_.._----~~--"_.:_"~"~~- -'--=---=--~ --- 6/.6'-- ~ . t I . ~.'~ r .... \ I ~' \:. ~ , ";... I, <- ~ I .'\. ....'. < / (.--' : I '';' "~'. L,~ ,~:';'-"';~'T ~ 0 ~:~ - >~. 2 __ _ ,": .~ ~,'~ -& ~ ~ ,~,-'itl ....t~". "'::,~' ~:,. r SrATE HI-,-WAY 'NO.1 35" ' N, 20. .:---- -",. - , -" ::;.. s. ~ ..1- \..." ~ .. : ," ,~ ~, .5 . " f' ""J . --;., : .~ liN.: 40FT. SCALE (F , -,', ~ - . 1:. .~ ' l'_ . '~DNE .~~.~ -. ~~, ;, " l.:\ , l. .;, P'ROPER , , . .,At.COA - ..--:LYNNtiA\l.EN ~ --.."",,; ~ '- . G , -,-- . ,-~,,~ . , . :. .. f - . , ~...,} , . -----~:.- .N --, .:..... ~.- - T- , " , 1 il , " " I - .' ,/ JJO'" '. > .,. - - - - , / 1 ""," , ,:/,,' -f";,::- ~...... Itk ," I, _J :- , ;- ';" ~,' ...." '/: ~ r' " 287""ll . I AND WHEREAS, ,the Court has made a search of the Deed Records and the Com- missioners' Court Minutes of Calhoun County, Texas, assisted by the County \ surveyor, the County Attorney and Attorneys for the adjacent and abutting land owner involved, and no record of any legal dedication of acceptance of such right of way has been, found; and whereas that after interviews with old time residents and the heirs of former owners, the Court finds that it I has no record title by dedication and that all the use thereof has not been adverse but by permission of the S. L. Marsh, the original and subsequent owner, of said Lot No.6 of the Original R. J. Clow Subdivision; That in - 1930 when the Hug the Coast Highway right of way was secured by the County through Lot No.6' from the Jouvnot heirs, the question of closing the old . adjacent road was presented but not considered because L. B. Ruth at that' time resided on Lot 5 of the Clow Subdivi~ion now a part of Lot No.9 of the Lynn Haven Subdivision has pri vate use, and access to the sarne. , That in 1930 the old bridge across the Lynn's Bayou was abandoned ..-- ' and the old road way ceased to be maintained by the County and has not been maintained by the County since that time. That the evidence submitted to the Court discloses that the area 'I covered by the old road, and all that part of said Lot No.6 between the Calhoun Street of the Lynn Haven Subdivision, and the west right of way of State Highway No. 35 are not included within the metes and bounds of the City Limits of the City of Port Lavfca and is within the jurisdiction of the Commissioners' Court. Thereupon on motion made by Commissioner Radtke ~ seconded by Commissioner Kemper and unanimously adopted it is - Therefore ordered that the joint application of the abutting land owners on each side of such 30 foot strip be approved and the Court hereby determines that all of its rights, if any, to possessive use be hereby . acknowledged abandoned as of 1930 and that the owner thereof be authorized to fence the sarne, South of Calhoun Street and to have use thereof, except for the 20 foot easement to the City of Port Lavaca, serving the lift sta- tion from Highway No. 35 as shown by the plat heretofore attached. I - - - - - - - - - - - RIGHT OF WAY - STATE EXPRESSWAY " ~'-....... On this the loth day of April, 1956, at a Regular Term of the Commis- I sioners' Court of Calhoun County, Texas, with all members of the Court being present" there carne on for consideration the acquisition of the right of way for the Express Way of State Highway No. 35, through Lots 1 ,and F, Bloc~ ~ and Lot 26.-B-lock-];5- ________ of the-LYnnHaven Addition owned by the Aluminum Company of ~merica and whereas the Aluminum Company of America has made an offer to convey all of Lots land 2 of Block 8 and Lot 26, Block 15 in exchange for the cancellation of all of the Counties rights, if any, to the . .... ...,j r288' I 00-' ~ ~ ttl N . conditional-designation or a 100 root strip between Blocks 8 -- and 10, and between :r,.ots '22- and 20~ --- of Block 15 or the Lynn Haven Subdivision I' i which was conditionally designated on the Plat of Record or said Subdivision In Volume "Z", Page 108 , conditioned upon the same being requi:r;>ed by the State Highway Department or the State of Texas ror State Highway No. 35, which has now been rerouted and established to the, West of said Subdivision Block 8 and Lot 26, Block 15 and a part or Lots No. I and 2/owned by the Aluminum Company or Americal::, I and whereas such dedication is no longer required, by the,State. Therefore on motion made by Frank Kemper seronded by Ernest Radtke and unanimously adopted it was ordered that the orfer of the Aluminum Company of America! l be accepted and that the exchange be 'made and that the County Judge, and County Clerk be authorized to execute on behalf or CalhounCoun:ty the . necessary deed or deeds or exchange or right of way. EXPRESS WAY - RIGHT OF WAY STATE HIGHWAY NO. 35 On this the 10th day or April, 1956, at a Regular Term or the Commis- sioners' Court of Calhoun County, Texas, with all the members or the Court being present, Whereas the Aluminum Company or AI1l3 rican, owners of certain properties within the proposed right of way or state Highway No. 35 in Poi,nt Comrort, Texas I; have agreed to convey such right or way to the state of Texas upon the payment " to them by the County ror the same, at rive times its rendered value. , On motion made by Ernest Radtke, seconded by Frank Kemper, the pro- posal was ordered accepted. 100 FOOT COUNTY ROAD TO COXES POINT TO SERVE PUBLIC DOCKS On this the lOth day of April, 1956, at a Regular Term of the Commis- . sioners' Court of Calhoun,County, Texas, with all members of the Court being present, that whereas the Aluminum Company of America has agreed to convey to Calhoun County a -right of way 100 feet in width from the point or inter- section of the Lolita -Point Comfort Road with State Highway No. 35, ad~ joining the Point on Northern Railroad Right of way on the east, down to I~ Coxes Point and the tract owned by the Calho).lIl, County Navigation District without cost or charge, provided the same be accepted by the Court and opened as a public road; r' On motion made by Ernest Radtke, seconded by Frank Wedig; it was unan- , I imously adopted ~h~~ when such right of way was survey.ed, the easement thereto executed that the same be ordered accepted and declared a public road of the first class. , , . .' , l .... r- 289'~ . STATE HIGHWAY RIGHT OF WAY THROUGH GARNER ESTATE PROPERTIES I ,'. On this the loth day of April,1956, at a Regular Term of the Commis- sioners' Court of Calhoun County, Texas, with all members of the Court being present, there came on to be considered by the Court the acquisition of the right of way for the by pass route for State Highway No. 35 as surveyed by I' the State Highway Department across the lands of John Garner, W.:D. Garner and others constituted by some 14.170 acres in the A. Esparza 1/2 League, and come John A. Garner, representing himself and other owners and stated their refusal of the final offer of the, Court previously made to the owners, for said 14+ acres in the amount of $600.00 per acre, plus damages to the remainder at the rate of $200.00 per acre.for the number of acres ,taken, . and the agreement of the County to rebUild and replace fences and remove and relocate the buildings and fixtures .located on said right of~ay, and presented their counter offer to accept in part said offe,r for all lands except that covered by a shell deposit, on some seven (7) ,acres for which they would agree to sell o~ the basis of 20F per yard, estimated as totaling approxima'tely $50~000.00.- - . After consideration the Court, refused the counter offer and,requested . , - that the owner give reconsideration of the original offer and report to the Court on Thursday April 12th. J' CONDEMNATION OF LOUIE WALKER LAND On this the 12th day of April, 1956, at a Regular Term of the Commis- sioners' Court of,Calhoun County, Texas, with all members of the Court being present, there came on to be considered the award of the Commissioners in con- demnation constit~ted by Harry Heyland, Lee Stuart and John Tillery, Commission- . . ers to appraise the 'O~096 acre tract owned 'oy Louie Walker, et al in the Pedro r Miranda Survey, Abstract 27, Calhoun County, Texas, required by the State of Texas for right of way for Highway No~ 185, which award is in the sum of . $71.00 for the fair market value of the land taken and the damages thereto. I~. Therefore on motion made by Frank Kemper, seoonded by Ernest Radtke, and unanimously carried, the award of the Commissiohers of Condemnation was order- I ed accepted by the Court. And the County Treasurer was authorized to issue a warrant and pay to t~e County Clerk of Calhoun County, the sum of $71.00 to be held by the Clerk. subject to the order of the said Louie Walker, et al, and to issue a warrant in the amount of the costs $27.75 as approved by the Commission and filed with the Clerk. And it is ordered that the County take immediate possession of said property. , . . IIr... ~290 oo""ll ~ ~ .....>l to N , . ,I', " REGULAR MAY TERM HELD VillY 14 & 15, i956 I THE STATE OF TEXAS COUNTY OF CALHOUN I I - BE IT REMEMBERED, that on this the 14th and 15th days or May, 1956, there was begun and holden at the Courthouse in the City or Port Lavaca, said County and State a Regular Term of the Commissioners' Court within ,and for said - County and State, same being the Regular May Term 1956, and there were present on these dates the following officers of the Court, to-wit: I HOWARD G. HARTZOG, County Judge FRANK E. WEDIG, Commissioner PI'. 1 R. F. KEMPER, Commissioner PI'. 2 . , .'. ERNEST H. RADTKE, Commissioner PI'. 3 CLARENCE BARTON, Commissioner PI'. 4 MAURICE G. WOOD, County Clerk WHEREUPON the following orders Were made and entered by said Court to-wit: EQUIP~ffiNT FOR PRECINCT NO.2 ACCEP'rANCE OF-'BIDS On this the 14th day of May, 1956, at a Regular Term of the Commissioners' Court of Calhoun County', Texas, with all members of the Court being present, I the fbl~owing bids were presented to the Court. Terry Bunch Motors One 1956 Ford F600 130" Wheel Base 133 HP 6 cylinder Engine, Cab n Freight and Pre-delivery Service 2-8x22.5 8-Ply tires (front) replaces 750x20 8 ply 4-9x22.5 10 ply tires (rear) replaces 825x20 10 ply Tires Two Speed Rear Axle (rear) and Oil Filter Three Yard Water Level Marion Dump (rnst. & Chassis $2210.00 169.00 Total Price 138.40 199.60 685.00 '340~.00 . Optional Equipment: 8 cy. 272" v8 Engine 167 H.P. Electric Windshield Wipers Heavy Duty Springs (front & rear) $92.18 13.00 21.30 . ' Allowance for one 1949 Chevrolet DumpTruck . $677 .50 :1 MARSHALL CHEVEROLET COMPANY Less trace-in 1949 Chev. Dump Truck Total Net Difference One 1956 2-ton truck (model 6103) equipped with 2 speed rear axle, 8-22,5- 8 ply front tires, 9-22.5-10 ply,rear tires, 6 cylinder engine with 140 h.p. and 3yd. water level 4yd. ends marion dump body. Price $3440.27 Less Credit for Federal Tax 121.62 .33ltl. b;; 800.00 $,;518.65 $32.85 101.48 I~ optional equipment - Heavy-duty 6 cylinder engine 14~ hp v-8 Engine 155 horse power On motion duly made seconded and unanimously carried~the bid of;Marehall Chevrolet Company was ordered accepted ~s the lowest and best bid. Bid check of Terry Bunch Motors was ordered returned. - - - - - - - - - - - - - - - . ....IIIl , 291 ""ll . PAUPER - JESSIE BAREFIELD I On this the 14th day of May, 1956, at a Regular Term of the Commis- sioners' Court of Calhoun County, Texas" with all members, of the Court l- being present, on motion made seconded and unanimously carried, Jessie Barefiead, an invalid, age late SOlS, was declared a pauper and it was ordered that Josie Williams as his guardian be allowed $30.00 a month. I TREASURER'S REPORT FOR APRIL APPROVED On this the 14th day of May, 1956, at a R~gular Term of the. Commis- sioners' Court of Calhoun County, Texas, with all members of the Court J' being present, Miss Mary Stephens, County Treasurer, presented her report for the month of April, 1956, and it having been read in open Court and the Court having dul~ considered the same together with the . exhibits accompanying same, and having the balances compared in the various accounts and finding said report. to be, correct, on motion duly made, seconded and unanimously carried the County Treasurer's Report for the month of April '1956, be and the same is hereby approved. PAUPER ,} EMMA FLANNERY .1 On this the 14th da~ of May, 1956, at a Regular Term of the Commis-, .t- sioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion made, seconded and unanimously carried, the Court placed Emma Flannery in the Twin Pines Rest Home in Victoria, and will suppliment her Spanish American War pension. ~ RIGHT-OF-WAY HIGhWAY 35 . On this the 14th day of May" 1956" at a Regular Term of the Commis-, sioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion duly raade seconded and unanimously carried, the counter offer of the Kemper Lawley Company of $50.00 a front foot was ),' ordered refused and, the County Attorney, Jack Fields assisted by R. A. Barton of Port Lavaca and Frank Guittard of Guittard and Henderson, were authorized and instructed to proceed in condemnation to acquire title to. such land for State Highway No. 35, described as follows: Being a part of 5.0 acres of land situated in Tract No.7 of, the Mrs. ... :1 Addie A. Coates Partition out of the Thos. Cox Survey, Abstract No. 10 conveyed by William P. Kemper, et aI, to the. Kemper and Lawley Company by deed dated the 5th day of April, 1949, and recorded in Volume 66, Pages 215 and 217 of Deed Records of Calhoun County, Texas; and being more particularly described as follows, to-wit: - . . .... ~ """292 oo~. - ....... , c... txl N . Tract No. 1 BEGINNING at the'intersection of the fence bounding the South side of ""this tract with the Northwest right-of-way line of st. Hwy. 35, said point of ,,. I, intersection being the most Eastern corner of the Bauer-Smith 26.91 acre tract . "of land and also being 50.1 feet Northwest of and at right angles to the Engineer's Centerline Sta. 302+80.~;, THENCE S 87 deg. '17' W with the fence separating this tract and the , Bauer-Smith tract a distance of 297.5 feet' to a point in the proposed North- west right-of-way line of st. Hwy. 35; THENCE N 49 deg. 21' E with said proposed right-of-way line a distance of 279.3 feet to a point in the fence bounding the Northwest side of this I tract; ! \ THENCE N 51 deg. 05' E with said fence a distance of 138.2 feet to a . point for corner, said corner being the most Western corner of land now owned by the Aluminum Workers InternatwrullUnion, A.F. of L. and being 206.2 feet Northwest of and at right angles to the Engineer's Centerline sta. 304+55.7; THENCE S 38 deg. 14' E a distance of 186.2 feet to a point in the exist- ing Northwest right_of_way line of St., Hwy," 35, said point being 50.0 feet Northwest of and at right angles to the Engineer'S Centerline gta. 304+~5.7; THENCE S 51 deg...46' W with State Highway 35 a distance, of 175.0 feet to . the place of beginning containing within these metes and bounds 1.252 acres I of land, more or less. Tract No.2 BEGINNING at the most Eastern corner of the above mentioned 5.0 acre tract, said corner being 49.9 feet Northwest of and opposite the Engineer'S Centerline, sta. 313-1;21.3; THENCE s 51 deg...46' W with the fence bounding st. HWy"35 a distance of 765.6 feet to a point for corner, said point being 50.0 feet No:rthwest of and at right angles to the Engineer's Centerline sta. 305+55.7; THENCE N 38 deg. 14' W with the common, line between this tract and the Aluminum Workers International Union, A. F. of L., Tract a distance of 187.4\" feet to a point in the fence bounding the Northwest side of this tract; THENCE N 51 deg. 05' E with said fence a distance of 654.0 feetGtb a point for corner, said point being 245.4 feet Northwest of and.8,t right angles to the Engineer's Centerline Sta. 312+09.6; THENCE S 67 deg. 59' E a distance of 225.2 feet to the place of begin- . \'1' ~ I., ~ - .-? \' ning containing within these metes and 9ounds, 3.125 acres of land, more or ,# .1:, . - l,O less. , :.. - - - - ~~.--/' " .P-~ '.. 4 - . , 'J;" ':.,,"..-','~ ., : ~:~ ,\ 0.-. . ..~ ..; ',.1 ~ , d .....j r 293 "'l . } REQUEST OF SEADRIFT FOR DEPUTY SHERIFF , \ I On this the 15th day of May, 1956, at a Regular Term of the Commis- sioners' Court of Calhoun County, Texas, with all members of the Court being present, the request of the City of Seadrift for the matching of funds be taken under consideration, and that a request be made to the County Auditor as to whether or not funds maybe made available to comply 1 to such request. 0/'-- PETTY CASH FUND On this' the lSth day of May, 1956, at a Regular Term of the Commis- . sioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion duly made, seconded and unanimously carried the original order of April 12, 1955, was ordered amended to have an additional $50.00 to the Petty Cash Fund making a total of $100.00 monthly. FIRE TRUCK FOR A & M FIREMEN'S TRAINING SCHOOL J' on this the 15th day of May, 1956, at a Regular Term of the Commis- sioners' Court of Calhoun County, Texas, with all members of the Court I being present, on motion duly made, seconded and unanimously carried the Commissioners' Court of Calhoun County, Texas, authorized the use of the County Unit No. 1 - new ~ohn Bean truck stationed at Port Lavaca - to be used by Billie Ray Zwerschke at the A & M Texas Firemen's Training School to be held July 8-lj,'1956. It is so ordered. - - - - - - - - - - - - ~ RESIGNATION OF Home DEMONSTRATION AGENT On this the 15th day of May, 1956, at a Regular Term of the Commis- . sioners1 Court of Calhoun County, Texas, with all members of the Court being present, the Commissioners' Court of Calhoun County accepts with regret the resignation of Marian M. Harriss, whose husband is being transferred to another state. ~I\' :- BOARD OF EQUALIZATION On this the 14th day of May, 1956, at a Regular Term of the Commis- 'I sioners' Court of Calhoun County, Texas,cMith all members of the Court being present, the Oaths of the Board were taken and properly recorded in the Minutes of the Board of Equalization, Vol. 3, 1956 Minute~. - - - - - - - - - - - - - - , ,\ . ", ',:<~x;.' ~ ..- ll...- .... "'-294 00-' ..... ""..... ~ ~ N . SPECIAL MAY TERM HELD MAY 28, 1956 I -, COUNTY OF CALHOUN I o o THE STATE OF TEXAS - BE IT REMEHBERED, that on this the 28th day of May, 1956, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and state , a Special Term of the Commissioners I Court within and for said Couli,ty and State I same being the Special May Term 1956, and there were present on this date the following officers of the Court, to-wit: HOWARD G. HARTZOG, County Judge FRANK E. WEDIG, Commissicner Pro 1 R. F, KEMPER, Commissioner Pro 2 ERNEST H. RADTKE, Commissioner Pro 3 CLARENCE BARTON, Commissioner pro 4 . MAURICE G. WOOD, COUNTY Clerk ~EREUPON the following orders were made and entered by said Court, to-wit : - - - - - - - - - - - - - - - ~ MEETING OF BOARD OF EQUALIZATION On this the 28th day of May, 1956, at a Special Meeting of the Commis':' I' ..~ ..1. . sioners' Court of Calhoun County, Texas, with all members of the Court being present, The Board of Equalization of Calhoun County, Texas, after having subscribed to the prescribed oath of office and pursuant to an order passed I , by the Board of Equalization convened on this the 28th day of May, 1956, that the Board of Equ~lization after having examined the lists and books , - submitted by the Assessor and Collector, has determined the necessity of raising the assessment of particular property as recorded in the Minutes of the Board of Equalization, Volume 3, 1956 Meeting. . . r,- _ __ _ .< ""' ;.. - - - . CONTRACT ,~ VALUATION AND ACCOUWrING ENGINEERS On this the 28th day of May, 1956, at a Special Term of the Commis- ,il sioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion duly made, seconded and unanimously carried, it was ordered that the Firm of King-Latham-stults & Company of Dallas, ~~exas, County Valuation and Accounting Engineers be retained for a period. of . - - <I one year from date. Contract is as follows: 'I', - ~,- -. l .... I I I ~ ~I <~ ~ I,' r---- , l~ .__ < I nj" , /, , ..... a2'9s-- -., , ' STATE OF TEXAS I I COUNTY OF CALHOUN I KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the Commissioners' Court of Calhoun County, Texas does not have available among the files and records of such, Court a list of the record owners of all producing oil and gas prop- erties and undeveloped leases, showing the particular interest or interests therein owned, nor a survey of'such above described proper- ties, nor pipe lines, gas lines and systems, refinerites,gasoline plants, tanks and tank farms, tarikage, storage oil, 'carbon black plants, power and light plants, telephone and telegraph lines, supply houses, drilling rigs and derricks, including transportation' facilities, railroads) etc" as of January 1st of each year" nor do they have the necessary scientific knowledge or technical skill to compile such lists and ,surveys; and WHEREAS, the Commissioners' Court of Calhoun County, sitting as a Board of Equalization, has heretofore had referred to them for equalization c ertaip renditions and assessments Which required such information in determining proper valuations to be fixed for tax purpose s upon the ~roperties, de scribed, in such renditions and asse ss- ments, and the Commissioners' Court, sitting as a Board of Equalization" will in the future have referred to them for equalization, renditions and assessments which will require such information in equalizing and determining the proper valuations to be fixed on such properties for tax purpooes; and \~REAS, the Commissioners' Court of Calhoun County, Texas has determined the necessity for the compilation of records and in- formation abqve enumerated, and has contemplated the e,mployment of ,skilled<experts in the matter of appraisals and valuations of oil and gas properties, etc., in said County and the compilation of records showing the record omer of all oil and gas, producing proper- ties in said County for the convenience and information of the Board of Equalization of said County in equalizing the valuations in said o o County for assexsment purposes; and --~~'I ' lL'/.-.-.J ~~---, <~-- -- ---- -----~- - - ---- - .... ,... d,9~ .,- .=-. ...-:-- ,....- ," '" '," ,.--- ~~~"""-. >-.,...-.--;~~ , I that in and I valua- WHEREAS, it has, been ascertained and dete:r:'mined King-Latham-Stults & Company of Dallas, Tex,asare skUled such matters and have scient:l,fic and technical know).edge , . many ~ears of experience in:the matter of appraisals and tions and such properties for tax assessments, and it is the purpose of the Commissioners' Court of Calhoun County, Texas to , employ the services o of the said King-Latham-Stults !<: Company far I said purposes; o ! ' .' , , IT IS THEREFORE AGREED 'BY AND BETWEEN Calhoun'County, .. Texas, acting herein by and through its Commissione,l's' Court, Party of the First Part, and King-Latham~Stults & Company of Dallas, Dallas County, Texas, Party 'of the'Second Part, as follows: " e 1. o L \ I PARTY OF THE SECOND PART agrees to compile a list, of the record owners of all producing oil and gas properti'es wherever si tuated. or located in said Calhoun County,.. Texas, :and u~developed' , ,.<---#' leases adjacent thereto, as of, January ~st of ea~h1of the year)' , ,- I I 1957 1 " CfL, said compilation and record to show' the pa:t:'ticular interest or; intel;ests therein,ownedi', P.a:i~ty of th~'secondi:part Ii'; I , " .', . ", t a',1so obJ'iga'te tbemselves to ma:ke a' surve:i' of all p,ipe Hne,s, refin- , 1:\ 'I" :" ':1' , " e'ries, g~s o'~ine \plj~nts ,tank fi~rms'; ,ta nk8ige, stora€;e oil ,carbon black plants,' and all other properties of value ,usi~d in cormection o o with said oil and gas development, including transportation facilities, etc. 2, I,; .1 \ I j SECOND PARTY further agrees to procure f.or First Party , I all informat ion possible and ,avai lable for the uae: of' FiTS t Party sitting as a "Board of %qualization~ in determining the prop~r valuations to be fixed upon such properties for' aasessment' and tax- ation purposes, and generally to compile such infOrmation- as shall , --rl - be of aid and benefit to said First I'arty ,in:-'~'qua1.izing the values of said properties for taxation, Sai~,Party Of the Second 2art ~ I ;1 I, C"'" -~ ....-- , __1 ' -~---_. lP- " i oj, .. -~~j _:l....;. _. ---- l I I I , I I~ :1"..... ./ .." .;297 -'-.." ---'-~--~,~ ---- agrees,tQ meet with the Commissioners' Court of sa~d Calhoun County, Texas, sitting as ? Board of Equalization, and to furnish said Board with all the information procured by them during their said investigations, for use by the Board in equalizing the assessments upon said properties. 3, FOR AND IN CONSIDERATION of the skilled services, techni- cal knowledge and experience of Second Party in the performance of the obligations devo'lving upon t,hem hereunder, First Party agrees and Obligates itself to compensate Second Party inthe manner fol- lowing: Said Second Party shall receive an amount to be paid out of the General Fund of Calhoun County, Texas equal to Four ($.04) Cents on each One Hundred ($100.00) Dollars valuation as fixed by the Board of Equalization for each of the year, 1957 (ffl~ '7_:<'" covering all oil ,properties, gas, sulphur deposits, public utilities, , pipe lines, refineries, gasoli~e plants, drilling rigs and derricks, oil and" gas leases, roy~lty'interest in land developed add undevel- oped and all other property of whatever character' or value used in ccnnecticm with oil aDd gas d3,velopment;: including transportatio'1 facilities;, etc.. ' ,I" "-il' , 4" , , Payments in the form of warrants legally drawn against the General Fund of said'County shall be made on this contract upon completion of said, work and after final action has been taken by the Commissioners' Court, sitting as a Board of Equalization. The Commissioners' Court of said Calhoun County, Texas hereby agrees to iss,ue or cause 1D be issued to King,-Latham-Stults & Company a warrant or warrants drawn against the various funds of said' Calhoun County, Texas"for the amounts due as provided herein, based on the total value of all "Oil Properties" and "Public Utilities" as agreed upon and fixed by the Board of Equalization for each of the year) 1957 ~ ~ All said warrants to be payable out of receipts and anticipated " , " r I I ! --, , , , _._-~------ o -71 //. \ /' ' / f -~_. --.-- --- .-"-..-----::.. ~ ,.i ,..... .:2 fJ:i . ~ - -. ,- '0 , receipts from taxes lev.ied for ,Gene,ral COl!;nty purpose~" and from , rece ipts from other sOllfces coming to s aid General Fund for the year~ 195?/ffllJ 1'15a-lu-i'~"l,l._iy. And the Party oCthe First Part .. .. ~ hereby agrees ~d obligates itself at any time 'it is l'equestecl. to 'do so 'by Party pfthe', Second Part', to pass' aIldentj3r of 'record such orders Bsmay be necessary, requisite: and/or convenie'ht to evidence , , the indebtedness. and fa:ilitate and proct.ir~r,the p~~nt of all sume .. ." , due Party oOf the,S'~cond Par,t for service? performed under ,thJs agreemen~.,: '" " , , ! ' o ," ,S,. " , N that in o 0 'llhe said King-Latham-Stults &: ,Company,;further agnees d, . . .';' ,.", ",- '_ 'J : .-. _ - ,/I,t', ," . ' , no 'way, wi,ll' the said Calhoun,Coupty" Te,xa~"b:3' obligated .,. . .-' "6 . , . ", J' ..,. " their ass-istants, 'for , I" to the said King-Latham-Stults &: Company, or - - ,. . ~_. . '. 0, , ' 0 salar-ie ~, ,~xpense, ,'or material, except as ,~ " above, ,stated, WITNESS OUR HANDS IN DUPLICATE this t~ "'.; JIt "I . day ai' .~~ . 0 ; "k, :]), ,195~. , ' " " ~. ~ I THE 'FIR~~T,l'ART, ' ..s,Ar;HOU~~~~!p' ", ,: COUD y' u e :'~: '~2.~I("'~:; :1.'1 ~l~, ",r "l~""~"o ,:: 'c ,Ji C~ID]ll ss;:ttlner :pr;if~~-r' ';;: ,/'J1Y d'J-1""'- i" l: ,I' V ~\I Z'../l_,e_-;~~,- ' ,\' II Gommiss;lc er Preet. No.2 '" \:.. .t6,\' ffu";,,,,{j,i / ' t? I' ',~Yr1.u I~V (~~ II'::, ~, Comm sst,oner Pre'et., No. ~ ~~ ~1h ' Cornm~ss ioner Preet, No'. 4 I' " '.. '" , > Q' 0 " . 'III 'I' (;' II f: , I, :11, , ,.' " " " \< i ,\ i' ". I.' " ' " " " 1\ " , 1:,1. .I~ I ~I I, , 11 " < 1\ o \ It " " , , \it, " ii' " " . I \. \': " \"\' i;1 " \:': .. " " .. " ,B1 >- fii: Hi . (j , \~ ~, : :<: , ! ~ " Q ~ ,:. .0 i) ~ , . ", ~ c, D .. - PARTY OF THE SE'cON.Q PART. " KING-LATHAM-STUPrs, ~ By" ,~~ )V ' I ' , I "'.' . ".):<~... ~~,... ~I' -~.. " .;<~ ;;:ft ~;,.;'. _,11 _-:'--"~l'k t G J d ty I \ ~~(!'.t,.,. .' "..:AT....;;;""'..'.. I A 'I'''' t~,::~ii.' :f'~-.L_~; '" .... (.~:' ,"t:> I. ... ~"'~ .," ~..~'Ii/'-:""_.i',,"(.e--. j/-=~'i>. ~} - ~v~.. ,~ ': ;..- -f ".,,;" " 1I!J ,.,. ; ~:~ {:_'~,~~,','::,.,:"',,,: ,,' "~.,' '~', ;1, ;,',~" \"?:j .~~~~~ '. .. - 'J ' ': · "~\9ounty 'C erk ~ ' ", ',:,k,"("I,':",;,',:,:C, alhoun'Coun ty', ..' '- '. '\' ~ t' -.' ...\i' I ',.\.'f;y./":.~":':(':~.~'~." "(.:.' ," ........~:.t:'" ,1' f ~ .' ."...." ......)~.'t- "'J,;f ! l (0'-\ .. _:- ::;,z ... \ [' N 1 {- - - ".,' \, t" _ J \.1 ........... :'-... '\...... "'..,..... ~,.,?. J'I>~~"Yf;~.\~~:';'~ " " il Texas I' I: I ,< ..~ '---:- c' '~ ' -----...- I'"', " -- --" - .':;0- -.-." - --- ,.... . A. ,> '",,--~~: " / ,,- ,-.......,.,;;.. , , ~ ,:" l " I I " "1 ',I , I fj:'l 'r " , , , iL i~ . . ,II ;1 :,.. '~, . \_ I:;"; ',' \", ,,' " ~ I I ~."'- 7 ,,/ 'i ----" , ,... ""'l1lI 299 . I REGULAR JUNE TERM HELD JUNE 11th & 12th, 1956 THE STATE OF TEXAS COUNrY OF CALHOUN I I I I BE IT REI"lEMBERED, that on this the 11th and 12th days of' June, 1956, there was begun and holden at the Courthouse in the City of',port Lavaca, said County and,State a Regular Term of' the Corr~issionersl C?urt within , and f'or said County and State same being the Regular June ,Term 1956, and there were present on these dates the f'ollowing of'f'icers of' the Court, to-wit: . - ;;>' !..,~ " HOWARD G.HARTZOG, County Judge FRANK E. WEDIG, Commissioner pl'. 1 R. F. KEMPER, Commissioner Pl'. 2 ERNEST H. RADTKE, Commissioner Pl'. 3 CLARENCE BARTON, Commissioner Pr.,4 MAURICE G. WOOD, County Clerk WHEREUPON the f'ollowing orders were m~de and entered by said Court, to-wit: I ~ - - - - - - - - - '\ RURAL FIRE FIGHTING EQUIPMENT On this the 11th day of' Jun~, 1956, at a Regular Term of' .the Commis- sioners' Court of' Calhoun County, Texas, with all of'f'icers of' the Court being present, Mr. J. M. Johnson, Acting City Manager, Mr. TerrY,Bunch, members of' the Voluntary Fire Departments of' Port Lavaca, Port O'Connor and Point Comf'ort met with the Commissioners' Court and Mr. Johnson . presented a possible contract between the,City and County as to area of' control and operating costs, of Rural fire fighting equipment. , , Af'ter an interesting discussion it was determined that each of the four County fire units had been purchased and delivered to the individual Voluntary Fire Departments and that any City contract would have to be 'I worked out with the Voluntary Fire Department and likewise the County could only contract with the Voluntary Fire Departments. - - - - - - - - - - - - , i'- TREASURER'S REPORT FOR ~~Y APPROVED , On this the 11th day of June, .1956, at a Regular Term of the Commis- I sioners' Court of Calhoun County, Texas, with all members of the Court being present, Miss l"Iary Stephens, .County Treasurer, I?resented her report f'or the month of May 1956, and it having ~een read in open Court and the 'N Court having duly considered the same t,ogether with the exhibits accompanying . I .... ...,j "'300 , Ql5' ~ ~.cl ~ N . '" s,arne, and having the balances compared in the various accounts and finding , , , said report to be correct, on motion duly made, seconded and unanimously ;,', carried the County Treasurer's Report for the month of, May 1956, be and the I ','.; , ,,.,,sarne is hereby approved. " i RIGHT OF WAY - HIGHWAY 35 on this the llthcday of June, 1956, at a Regular Term of the Commissioners' I Court of Calhoun County, Texas, with all members of the Court being present, Mr. R. A. Barton, Attorney at Law, securing right of way for state Highway 35 Express way, presented to the Court the offer made to John H. Peters and wife and John D. Peters and wife. On motion made, seconded and unanimously carried the offer made to fix two crossings, installing pipe if state does not and furnish pipe. Sarne approved by the Court. . -I', CANCELLATION OF WARRANT On this the 11th day of June, 1956,.at a Regular Term of the Commis- sioners' Court of Calhoun County, Texas, with County Judge Pro tempore Frank E. Wedig presiding and with Commissioners Kemper, Radtke and Barton in attendance, on motion made by Clarence Barton, seconded by Frank Kemper and unanimously carried, Warrant #7590 in-the 'amount of'$35.00 issued February 13, 1953 to Ronal J. Roemer - cancelled out December 13, 1955, I It is hereby ordered that a new warr'ant be issued for same. COUNTY FUNDS ON TIME DEPOSIT < I On this the 11th day of "June , 1956, at a Regular Term of the Commis- sioners' Court of Calhoun County, Texas, with County Judge Pro tempore Frank E. Wedig presiding and with Commissioners R. F. Kemper, Ernest Radtke and Clarence Barton in attendance, on motion made by Clarence Barton, second- . ed by Frank Kemper, the following order was unanimously adopted: That pursuant to the agreement with the County Depository regarding placing the surplus funds of the County on time deposit, the County Clerk - is directed to issue warrants as set ou~ be19w payable to the First State I Bank, Port Lavaca, Texas: Jury Fund $20,000.00 30,000.00 50,000.00 40,000.00 15,000.00 60,000.00 ,258,000.00 I Road and Bridge Fund General Fund Road District 1, Class 10 Hospital Available Fund Hospital Sinking Fund - Flood Control Fund ,Total ~473,000.OO -+.". . . ~ ...... r-. , ..... 301' _._- . I The said $473,000.00 to cover funds on time deposit since January 5, 1956, and that on Jul~ 5, 1956, when said certificates ,of deposit mature, the following amounts shall be re-invested: I Jury Fund '$16,000.00 Road and Bridge Fund 60,000.00 Road District 1, Class 10 20,000.00 Hospital A vai-lable Fund 10,000.00 Hospital Sinking Fund 48,000.00 . Flood Control Fund 263,000.00 Total $417,000.00 . VI. MRS. EDWARD J. SMITH, ESTATE PROPERTY On this the 12th day of June, 1956, at a Regular Term of the Commis- sioners' Court of Calhoun County, Texas, with all members of the Court being present, On motion made by Frank Wedig, seconded by Frank Kemper and'unani- mously adopted, the purchase of Lot 1"Block 38 and 1/2 of Lot 2, Block 38 of the Original Townsite of Port Lavaca, from the heirs of the Mrs. Edward J. Smith Estate in the amount of $9500.00. That the County Clerk is directed I to issue a warrant to such heirs and place it in the First State Bank of port Lavaca, Texas, pending the completion of a deed to Calhoun County for the above tract of land. "'- ASSISTANT COUNTY AGENT On this the 12th day of June, 1956, at'a Regular Term of the Commis- , sioners' Court of Calhoun County, Texas, Id th all members of the Court being present, Mr, C. L. Cook, County Agent presented Mr. Doyle Smith, to the Court. On motion made by Clarence Barton, seconded by Ernest Radtke and unanimously carried, Mr. Doyle Smith is accepted by the Court as Assistant County Agent under the supervision of Mr. Cook, and his salary is set at $1300.00 and $500.00 car expense, as of June . I ~ TAX ASSESSOR AND COLLECTORS REPORT FOR MARCH, APRIL AND }ffiY APPROVED On this the 12th day of June, 1956, at a Regular Term of the Commis- sioners' Court of Calhoun County, Texas, with all members of the Court 1 being present, Mrs. C. B. Guidry, Deputy, presented her report for the month .. of March, April and May 1956, and it having been read in open Court, and' the Court having duly considered the same together with the exhibits accompanying same, and having the balances compared in the various accounts and finds that said report is correct, on motion duly made, seronded and unanimously carried, the Tax Assessor Collectors Report for the months of March, April and May 1956, be and they are hereby approved. . ..... .... .... 302 ~., ~1 ~~ '-1 I ""'.... NI - . PROCEEDS OF INTEREST ACCOUNT , On this the 12th day of June, 1956, at a Regular Term of the commis- '( sioners' Court of Calhoun County, Texas, with all ,members of the Court being present, On motion made by Clarence Barton, seconded by Frank Kemper and unanimously adopted, the proceeds qf the Interest Account accltmulated from interest payments on County Funds ,on deposit be distributed to funds as follows: General Fund - $2,804.91; Flood Control Fund - $974.32; Hospital Available Fund - $79.34. , I - - - - . - t- t CALHOUN COUNTY HEMORIAL HOSPITAL REPAIRS On this the 12th day of June, 1956, at a Regular Term of th~ Comm~s- sioners' Court of Calhoun County, Texas, with all members of the court . being present, on request of Hr. Homer Horton, Administrator, of the Calhoun County Memorial Hospital and the Board of Trustees of Calhoun County Nemorial Hospi ta;!., the Commissioners' Court proceeded to examine the 'con- , dition of the rubber tile floor on the South wing and after examination it was determined that sections of the same should be relaid by the Hospital Board as a part of the normal repairs and that the work be done as needed in individual rooms from time to time so as not to interfere ,I with the operation of the Hospital. Therefore on motion made by Clarence Barton, seconded by Frank Kemper and unanimously adopted, it was ordered that the Board of Trustees acting ~y and through its amninistrator be ' authorized to supervise such repairs on a day to day basis and the cost thereof be borne by the Hospital Available Fund. EMERGENCY EQUIPMENT FOR TAX ASSESSOR-COLLECTORS OFFICE On this the 12th day of June, 1956, at a Regular Term of the Commis- sioners' Court of Calhoun County, Texas, with all members of the Court . being present, on request of the Tax Assessor-Collector, and on motion . made by Clarence Barton, seconded by ~rnest Radtke a~d unanimous~y passed an order for an, electric typewriter with a 26" carriage was granted, due to an excess amount of work needed to be done at this time which creates I: an emergency. " 1 - . l ..... ,.. 303'" ~' . I III CONDEMNATION - RIGHT-OF-WAY HIGHWAY 35 , ' On this the 12th day of June, 1956, at a Regular Term of the Commis- 1 sioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion made by Ernest Radtke, seconded by Frank Kemper and unanimously carried, the 'counter offer of Mrs. Pearl Wilson of $4200.00 her per acre, anq!compromise offer of $2000.00 per acre was ordered refused and the County Attorney, Jack Fields assisted by R. A. Barton of Port . Lavaca and Frank Guittard of Guittard and Henderson, were authorized and instructed to proceed in condemnation to acquire title to such land for state Highway No. 35, described as follows: Being a part of 12.35 acres of land situated in the Alejandro Esparza One Half League Grant, Abstract No. 12, conveyed by Stanley E; Smith, et ux, to Pearl Wilson by Deed'dated the 28th day of August 1951, and recorded in Volume 93, Page 220 of Deed Records of Calhoun County, Texas. BEGINNING at the intersection of the proposed West right-of-way line of st. Hwy. 35 By-Pass Route with the South property line of the above I , mentioned 12.35 acre tract, said point of intersection being S 66 deg. 37' E a distance of 132.6 feet from ,the most Western corner of this 'tract; THENCE N 23 deg. 11' E with said right-of-way line a distance of 226.3 feet to a point for corner, said point being 115.0 feet West of and opposite the Engineer's Centerline'sta. 94+00; THENCE N 19 deg. 50' E with said right-of-way line a distance of 558.1 feet to a point in the center of Lynns Bayou; THENCE S 42 deg. II' E along Lynns Bayou a distance of 130.2 feet to . , , a point for corner, said point being the Engineer's Centerline Sta. 98+9~; THENCE S 7~ deg.' 27' E along Lynns BayOU a distance of 115.1 feet to - a point in ,the proposed East right-of-way line 'of st. Hwy. 35 By-Pass Route; THENCE S 19 deg. 50' W with said right-of-way line a distance of 501~6 feet to a point for corner, said point being 115.0 feet East of and opposite I \, the Engineer1s Centerline sta. 94+00; .., ' - THENCE S 16 deg. 29' W with said right-of-way line a distance of 242.0 feet to a point in the fence separating this tract and the Newlin tract; THENCE N 66 deg. 07' W with said fence a distance of 257.8 feet to the place of beginning, 'containing within these metes and bounds 4.018 acres of I land, more or less. e~~~ . .... r'""S04 , ----,-.-----~- 01:= =e~ ~. ~ -~~--- . "\ , :'," , HELD JUNE i8, 1956 I' , SPECIAL,JUNE TERM, THE STATE OF TEXAS COUNTY OF CALHOUN I o I BE IT REMEMBE~, that on this ,the l~th day of June, 1956" the:z;e was begun and holden at the Courthouse in the City of Port Lavaca, said County , . I and state, a Special Term of the Comm~ss~oners' Court within and for said ( County and State same being the speCial June Term 1956. and there were pre- sent on this date the following officers of the Court, to-wit: \ HOWARD G. HARTZOG, County Judge . \ EQUIPI18NT - PRECINCT No.4 - NOTICE TO BIDDERS I: , . On this the 18th day of June, 1956, ~t ~ SpeCial Term of the Commis- sioners' Court of Calhoun County, Te~as, with all m~mbers of the Court being present, Whereupon it was moved by Clarence Ba~ton, seconded by, Frank Wedig and u~animously passed that the ,Qou~ty Auditor be directed to advertise in two issues of the Port Lavaca Wave the following notice to bidders: " NOTICE TO BIDDERS . , , Sealed bids properly marked will be received by the Commissioners' , , , Court of Calhou~ County, T~xas, until 10 a.m., JUly 2~ 1~6, then pUblic1Yc opened and read in the regular meeting place hin,the County Courthouse in the 4' ' .. City of Port Lavaca for the followin~ equip,ment: One maintenance kettle with a capacity of approxi~ate1y two hundred twenty-five gallons, heated with two torch type.burners and equipped w~th a .-,- I~ two inch draw-off tap. This equipment' is to be mounted on a single axle with tires of approximately 6.50 x. 16,. Said kettle is to be equipped wj,th J~otor spray attachment with insula~ed hose and stem type built in thermometer. The bid price will include freight to the Pro 4 Warehouse, Seadrift, Texas. A certified or cashiers' check ona Te~as bank payap1e to Ca~houn county for five per cent of each bid must accompany each bid, to be forfeited by the successful bidder in the event of failure to complete contract by delivery of I: the equipment. . ..,.j r- 305~ ,-.._-~ . The Commissioners' Court reserves the right to waive formalities, to accept any bid deemed most advantageous to the County and the right to re-, I- ject any and all bids. , , James F. Houlihan Calhoun County Auditor .: - - - - - ..: VI COMPENSATION - DEPUTY TAX ASSESSOR'::-COLLECTOR I On this the 18th day of June" 1956, at a Special Term of the Commis- , sioners' Court of Calhoun County, Texas with all members of the Cour~,being present, on motion made 'by Clarence Barton, seconded by Ernest Radtke and . unanimously adopted the following request: To The Hon. Commissioners Court, Calhoun County, Port Lavac~ Texas. 12 June 56 Gentlemen: Request is hereby made to increase the salary of Idell Harvy from $2400.00 annually to $2700.00 annually retroactive to June, 1, 1956. The reason for this request is that we no longer have a deputy drawing either the $3000.00 or $2700.00 annually and,Mrs. Harvey has more responsibility than she would have had if we still had the trained help drawing those salaries. Mrs. Harvy is accurate, efficient and willing to do the work requested of her. Her present salary is the same as we have originally paid untrained help from the beginning, and we feel her salary should be raised to the $2700.00 bracket. 1 Respectfully yours, Leonard M. Fisher, Tax Assessor- Collector By; /s/ Katie Guidry, Deputy. n BOARD OF EQUALIZATION On this the 18th day of June, 1956, at a Special Term of the Commis- . sioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion made by Clarence Barton, seconded by Ernest Radtke and unanimously passed, the raises as shown in the Minutes of the Bm rd of Equalization, Volume 3, 1956 Minutes are hereby adopted. -I 'I . .... ....,j ,.... 306 . oo""lllll ~~ ~ 0::: N - - ~ . , I '~ CONDEMNATION - RIGHT-OF-WAY - HIGID,AY 35 On this the 18th day of June, 1956, at a Special Term of the Comrnis- sioners' Court of Calhoun County, Texas, with all members of the Court being :1 i present, on motion made by Clarence Barton, seconded by Ernest Radtke, and unanimously carried, that the counter offer of John A. Garner, Jr. and W. D. Garner was ordered refused, and the County Attorney, Jack Fields, assisted by R. A. Barton of.Port Lavaca and Frank Guittard of Guittard and Henderson of Victoria, Texas, are hereby authorized and instructed to proceed in condemnation to acquire title to such land for state Highway No. 35, I , described as follows: Being a part of four parcels of land situated in the Alejandro Esparza One-Half League Grant, Abstract No. 12 conveyed by Wm. F. Wilson, et ux,.to J. A. Garner by deed dated the 24th day of September, 1901 and recorded in Volume Q, Page 637 ~f Deed Records of Calhoun County, and of which (1/8) , . - interest was conveyed by Matilda Lois Garner to John A. Garner by deed dated the 16th of,September, 1947, and recorded in Volume 58, Page 409 of Deed Records of Ca~houn County, (1/8) interest conveyed by Bessie Garner to John A. Garner by.deed dated,the 14th day of June, 1929 and recorded in Volume 17, Page 280 of Deed Records of ~alhoun County, (1/8) interest conveyed by Olive Stahl to John ,A. Garner by deed dat~d the 13th-day of JUly, 1927 and recorded in Volume 17, Page 244 of Deed Records of Calhoun County, (1/8) I . interest conveyed by Mrs, Mattie Wilson, et vir, to John A. Garner by deed dat~d the 13th day of JUly, 1927 and recorded in Volume 17, Page 245 of Deed Records of Calhoun County, (1/8) interest conveyed by Lottie Henry, et'~~r, . to John A. Garner by deed dated the 26th day of July, 1927, and recorded in Volume 17, Page 247 of Deed Records of calhoun County, (1/8) interest con- veyed by Frank C. Garner, et ux, to John A. Garner by deed dated the 25th day of May, 1928 and recorded in Volume 17, Page 248 of Deed Records of Calhoun County and being more parti6ularly described as follows,to-wit: BEGINNING at the most Western corner of'theGarner land":, same being the most Northern corner of Lot 28 of the Bickford Subdivision now owned by Mrs, Olive B. Jordan, same also being 83.7 feet Southeast of and at right angles to the Engineer's Centerline Sta. 157+43 of St. Hwy. 35 By-Pass Route; . I' THENCE N 33 deg., 03' E with the fence bounding this traet a distanee of 186.8 feet to a point for corner, said point being the Enginee,r's Centerline , point for corner, said point being 104.0 feet Northwest of and opposite the Engineer'S Centerline Sta. 161+22.4; I - . '>-f l. ..... r- >,f'" .... 307 . THENCE N 43 deg. 09' W with said fence a distance of 178.2 feet to a point I for corner; I North THENCE S 81 deg. 44' E with the proposed/right~of-way line of State Hwy. 35 By-Pass Route a distance of 156.4 feet to a poi~t for corner; THENCE N 59 deg. 401 E with said right-of-way line a distance of 95.~ feet to a point for corner, said point being 180.0 feet Northwest of and at right angles to the Engineer's Centerline 3ta. 163+00; THENCE N 61 deg..32' E with said right-of-way line a distance of 684.3 feet to a point for corner, said,point being 132.0 feet Northwest of and at . right angles to the Engineer's Centerline 3ta. 170+00; THENCE N 47 deg. 36' E with ?aid right-of-way line a distance of ?74.5 feet to a point for corner, said point ?eing 115.0 feet Northwest of and at right angles to the Engineer's Centerline 3ta. 176+99.2; ThENCE N 41 deg. 32' E with said right-of-way line a distance of 452.8 I feet to the shores of Lavaca Bay; THENCE 3 48 deg. 28' E with the shores of Lavaca Bay a distance of 230.0 to a point in the proposed South right-of-way line of ~t. HWy. 35 By-Pass Route; THENCE 3 41 deg. 32' Wwith said right-of-way line a distance of 452.8 feet to a point for corner, said point being 115.0 feet Southeast of and at right angles to the Engin~er's Centerline 3ta. 176+99.2; THENCE S 45 deg. 26' W with said right-of-way line a distance of 723.7 feet to a point for corner, said point being 125.0 feet Southeast of and at right angles to the Engineer's Centerline 3ta. t70+OO; THENCE 3 54,deg. 33' \0./ with said right-of-way line a distance of 816.8 feet to a point for corner, said point being 170,.0 feet' Southeast of, and at right angles to the ~ngineer's Centerline sta. 162+00; . . THENCE s 58 deg. 57' W with said right-of-way line a distance of 407.8 feet to a point in the fence separating this tract and land now owned bY,Mrs. o Ii ve B. Jordan;; THENCE N 58 deg. 39' W with said fence a distance of 103.8 feet to the place of beginning, containing within these metes and bounds 14.170 acres I of land, more or less. I . .... ~ 308 00" ~ ~ IX! ~- - . '. ~ CONDEMNATION - RIGHT-OF-WAY - HIGHWAY 35 On this the 18th day of June, 1956, at a Special Term of the Commis- 1 sioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion made by Clarence Barton, seconded by Ernest Radtke,'and unanimously adopted,' the counter offer of The Kemper and Lawley Company was ordered refused, and the County Attorney, Jack Fields, assisted by R. A. Barton of Port Lavaca and Frank Guittard of Guittard and Henderson of Victoria, Texas, are hereby authorized and instructed to proceed,in co~-' 1 . described as follows, to-wit: , , / , '-- TRACT No.1 BEGINNING at the intersectIon of the fence bounding the South side of this tract with the Northwest right-of-way of State Highway 35,. said pOint of intersection being the most Eastern corner of the Bauer-Smith 26.91 acre , ,I tract of land and aiso being 50.0 feet northwest of and at right angles to Engineerls centerline station )02+80.7 of said highway; - THENCE S 87 deg. 17' W a distance of 297.89 feet with the common line of the Kemper and Lawley and Bauer-Smith lands to a point for corner in the' pro- posed Northwest right-of~way of said Highway; said point being 22).06 feet northwest of and at right angles to Engineer'S centerline station 300+38.23 of said highway; THENCE N 49"deg. 21' E a distance of 417.84 feet with saId proposed Northwest right-of-way line to a point for corner in the Southwest line of lands belonging to the Aluminum'Workers International Union said pOiht,being 240.68 feet Northwest of and at right angles to Engineer's cEmterline station . :'- 304+55.7 of said highway; 'I , THENCE S )8 deg. 14' E a distance of 190.68 feet with s!9.id Aluminum Workers International Union line to a point for corner in toe existing Northwest right-of-way line of said highway, said point being 50.0 feet North- west of and at right angles to Engineer' 5 centerline statiorl 304-1'55.7 of said highway; 1- '. , It.. ~ ~ 309 . 1 THENCE S 51 deg. 46' W a distance of 175.00 feet with said existing rIght-of-way line to the place of beginning, containing within these metes and bounds 1.261 acres of land, more or less. Tract No.2 BEGINNING at the most Eastern corner of the above mentioned 5.0 acre tract of land, said corner being 50.0 feet Northwest of and at right angles to Engineer's centerline station 313+17.94 of State Highway 35; THENCE S 51 deg. 46' W a distance of 762.24 feet with the existing Northwest right-of-way of said highway to the East corner of lands owned, by the Aluminum Workers ,International Union, said corner being 50.0 fe~t Northwest of and at right angles to Engineer's centerline station 305+55.7 of said highway; THENCE N 38 deg. 14' W a distance of 194.90 feet with the Northeast I . I line of the Aluminum Workers International Union lands to a point for corner in the proposed Northwest right-of-way of said highway; THENCE N 49 deg. 29' E a distance of 163.86 feet with the proposed Northwest right-of-way of said highway to a point. for corner in the line of lands owned by ALCOA, said point being 251.42 feet Northwest of and at right angles to centerline station 307+19.43 of said highway; THENCE N 51 deg. 46' E a distance of 494.92. feet with the common line of the ALCOA and Kemper and Lawley lands to a point for corner, said point being the North corner of the Kemper and Lawley 5.0 acre tract, and also being 251.42 feet Northwest of and at right angles to centerline station 312+14.35 of said Highway; THENCE S 65 deg. 27' E a distance of 226.50 feet with ALCOA and Kemper and Lawley line tO,the place of beginnIng, ,containing within these metes and bounds 3.273 acres of land, more or less. -- . - - - - - - - - , ~ CONDEMNATION - RIGHT-OF-WAY - HIGHWAY 35 On this the 18th day of June, 1956, at a SpeCial Term of the Commis- sioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion made by Clarence Bar~on, seconded~by Ernest Radtke, and unanimously carried, the counter offer of The Aluminum Workers International Union, A. F. of L. was ordered refused and the County Attorney Jack Fields assisted by R. A. Barton of Port Lavaca and Frank Guittard of Guittard and Henderson of Vict9ria, rexas, are hereby authorized and instructed to pro- ceed in condemnation to acquire title to such land, for State Highway No. 35, described as follows; I I . u , ~ ~ 310 ',' 00" ~ ~ t:o _~I " . Being situated in the Thos. Cox Survey, Abstract No. 10, and being the same tract of land which was conveyed by ,International Co~ncil of Alumi~um Workers Union to Aluminum Workers International, Union by deed, dated the lOth day of April, 1954, and recorded in Volume 91, page 569 of pe~d Records of I Calhoun county, Texas; and, being more particularly described as follows, to-wit: BEGINNING at the most Southern corner of the above mentioned A. F. of L. tract of land, said corner being 50.0 reet Northwest of and_at right angles to the Engineer's centerline station 304*55.7 of State Highway 3' ~;. - , I THENCE N 38 deg. 14' W a distance of 190.68 feet with the Southwest line of the A. F. of L. tract to a point in the proposed North rlght~of- way of said highway;. THENCE N 49 deg. 21' E a distance of 100.0,9 feet with said right-or-way line to a point for corner in the Northeast line of the A,. F. 01;' L. Tract; THENCE S 38 deg. 14' E a distance of 194.90 feet with said Northeast . line to a point for ,corner in the exis,ting North right-of-way- of State Highway 35. said point being 50.0 feet Northwest of and at right angles to the Engineer's centerline station 305+55.7 of said highway; THENCE S 51 deg. 46' W a distance of 100.00 feet with said existing right-of-way line to the place of beginning; containing within these metes and bounds 0.443 acres of land, more or less. I CONDEMNATION - RIGHT-OF-WAY - HIGHWAY 35 On this the 18th day of June, 1956, at a Special Term of the Commis- sioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion made by Clarence Barten, seconded by Ernest Radtke, and unanimously carried, the offer made to H. C. Smith"W. H. Bauer and Mrs. W. H. Bauer and the Bauer-Smith Leasee Corporation was refused b;y' them and the , . County Attorney Jack Fields, assisted by'R. A. Barton of Port Lavacs and Frank Guittard of Guittard and Henderson of Victoria,_T~x~s ate hereby authorized and instructed to proceed in condemnation to acqui!['e title to such land for State Highway No. 35, description is as follows: Being a part of 3,056 acres situated in the Thos. Cox S~rvey, Abstract No. 10 of which an undivided (1/2) interest was conveyed by,Bauer-Smith Dredging Company Inc. to H. C. Smith by deed dated the 1st day of July, 1946 and recorded in Volum~ 54, Page 72 of Deed Records of Calhoun County and an ' undivided :(1/2)' interest conveyed by Bauer-Smith Dredging Company Inc. to W. 1-' 1 H. Bauer by deed dated the 1st day of JUly. 1946, and recorded in Volume 5~:' Page 79 of Deed Records of Calhoun County, Texas; and being ,more particularly described as follows, to-wit:. BEGINNING at intersection of the fence bounding the Northeast side of the above mentioned tract of land with Northwest right-of-way line of the existing st. Hwy. 35. said po'int of intersection being the most Eastern corner of the 26.91 acres situated North of st. Hwy. 35 and being 50.9 feet Northwest of and opposite the Engineer1s Centerline Sta. 302+80.7; " I I '. " ~ r- ..... 311 v . 1 THENCE S 51 deg. 46. W with the existing ,Northwest right-of-way line of St. Hwy. 35 e distance of 1,380.7 feet to a point for corner, ' said point being 50.0 feet Northwest of and opposite the Engineer's Centerline sta. 289+00; THENCE N 38 deg. 14' W. with said right-of-way line a distance of 10.0 feet to a point for corner, said point being 60.0 fe,et Northwest of and opposite the Engineer's Centerline sta. 289+00; THENCE S 51 deg. 46' W with said right~of-way line a distance o~600.0 feet to a point for ,corner, said point ,being 60.0 feet Northwest of and opposite the Engineer's Centerline Sta. 283+00; THENCE S 38 deg. 14' E with said right-of-way line a distance of 10.0 feet to a point for corner, said point being 50.0 feet Northwest of and opposite the Engineer's Centerline sta. 283+00; , THENCE S 51 deg. 46' W with said right-of-way line a distance of 877.9 feet to the P. C. of a 1 deg. 00' curve to the left with a central angle of 7 deg. 42' said P. C. being 50.0 feet Northwest of and opposite the Engineer's Centerline sta. 274+22.1; THENCE with, the above mentioned 1 deg. 00' curve to the left along the following courses and distances; S 51 deg. 39' W a distance of 22.3 feet, S 51 deg. 02' W a distance of 100.9 feet, S 50 deg. 02' W a distance of 100.9 feet, S 49 deg. 02' W a distance of 100.9 feet, S 48 deg. 02' W a distance of 100.9 feet, S 47 deg. 02,' W a, distance of 100.9 feet, S 46 deg. 02' W a distance of 100.9 feet, S 45 deg. 02',W a distance of 100.9 feet, S 44 deg. 18' W a distance of 30.4 feet to a point in the shore of Lavaca . I . I . Bay; THENCE with the meanders of Lavaca Bay along the following courses and distances: I N 43 deg. 00' E a distance of 378.5 feet, N 51 deg. 011 E a distance of 347.2 fee~, N 39 deg. 16' E a distance of 552.8 feet, N 30 deg. 31' E, a distance of 29'.5 feet to a point in the proposed Northwest right-of-way line of St. Hwy. 35, said point being 142.0 feet Northwest of and opposite the Engineer's Centerline Ste. 279+53.7; THENCE N 51 deg. 46' E with said proposed right-of-way line a distance of -..... -.-..- 1,350.1 feet to a point for corner, said point being 142.0 feet Northwest of and opposite the Engineer's Centerline Sta. 293+00; -\ > , ./ ../ ,/.A ..... ,... 312 '-" THENCE N 49 deg. 21' E ,with said right-of-way line a distance of 738.8 " feet to a point in the fence bounding the Northeast side ,of t,his, ,tract; THENCE N 87 deg. 17' E with.the above mentioned fence a distance of 297.5 feet to the place of, beginning, cont'aining- within these met,esand , bounds 8.568 acres of land, more or less. CONDEMNATION RIGHT-OF-WAY ,- HIGHWAY 35 On this the 18th ,day of June, 1956, at a,Special Term of the Commis- sioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion made by Clarence Barton, seconded by Ernest Radtke and unanimously carried, the offer made to the Willett Wilson'Estate WaS refused by them, and the County Attorney Jack Fields, assisted by R. A. Barton of Port Lavaca and Frank ~uittard of, <:1uittard and- Hendersoriof Vi7toria'. ~eXB:s are hereby authorized and instructed to proceed in,condemn.ation to acquire. title to such land for state' HIghway No. 35, By-Pass Route, described as, follows,to::,wi t: , --.-/ Being a part of 100.9 acres of land situated in, the SamUf~l Shupe Sur':'Ej!, Abstract No. 137 conveyed by L,. M., Smalley, et \U' to Willett. Wi~s<:>n by deed dated the 25th day of January. 1917" andrecorde.d in,Vo,1-ume 8!..pll.ge 580 of Deed Records of Calhoun County, Texas; and being more particularly described as fOllows, to-wit: Tract No. 1: , BEGINNING at the most Western corner of th,e above. mentic>ned 100..,9 acre' tract, said corner being in the existing South Fight-or-way line of S,t. Hw~. .35 and also being the most Northern corner of tp.e 350 ,acre Blardone Estate;' THENCE N 53 deg. 56' E with the existing 8.t. Hwy.. 35 a distance of 41.4 feet to a point, for corner; , THENCE N 55 deg. 26' E with said Hwy. a distance of 98.'7 feet to a point for corner; THENCE N 56 deg. 56' E with said Hwy. a distance of 37.5 feet to a point in the proposed St. HWy. 35 South right-or-way ~ine; THENCE 3.45 deg. 05' W with said proposed,right-pf-way line a distance of 174.7 feet to a point in the common line bet~een this trac't and the . --.' ~ .~ 1 Blardone Estate, said point being opposite the Engineer.'s, CI3nterline 3ta. 844+50 of the existing, St. HWY. 35; , THENCE N 45 deg. 23' W, w,ith said, property line a distance of 31.8 feet and bounds 0.06,7 to the place of beginning, containing-within thes~metes . . _~_"._4>~.5," . acres of land, more or less. ,'--{- E~> ~' ,< ~~. -"",--....$ - l 00" ~ ~ eo "', . . I I I . I . I . 313 ~ ~, - . 1 Tract No; 2 BEGINNING at the intersection of the South right-of-way line of U. S. HWY. 87 with the centerline of the Old Long Matt Road, said point of inter- section being 79.8 feet Southeast of and opposite the Engineer's Centerline 1 sta. 15+45.8; THENCE N 85 d~g., 53' E with the, South right-of-way line of u. s. HWy 87 a distance of 252.3 feet to a point in the proposed South right-of-way line of st. HWy. 35 By-Pass Route; THENCE S 62 deg. 32' W with the proposed South r~ght-of-way line of st. Hwy. 35 By-Pass Route a distance of 183.6 feet to a point for corner; THENCE S 39 deg. 13' W with said right-of-way line a distance of 181.4 feet to a point in the North right-or-way line of the existing st. Hwy. 3.5, said point being 193.9 feet Southeast of and at rigp.t ~ngles to the Engineer's Centerline sta. 13+71.0, said point also being 50.0 feet North of , . and opposite the Engineer's Centerline Sta. 8.50+00 of the existing St. Hwy. 35; THENCE with the Nortp. right-of-way line of the existing st. Hwy. 35 following a 1 deg. 30' curve to the left along the following courses and I distances; S 61 deg. 26' W a, dist~nce of 101.3 1::e e t" S 59 deg. 56' W a distance of 101.3 feet, . S 58 deg. 26' W a distance of 101.3 feet, S 56 deg. 561 W a distance of 101. 3 fee;t , S 55 deg. 26' W a distance of 101.3 feet, S 53 deg. 561 W !l distance of 48.5 feet t,o the center of the Old Lop.g . Mott Road, said point being 24.7 feet ~outheast of and at right angles to the Engineer's Centerline sta. 8+43.5; THENCE N 44 deg. 47' E with the centerline of the Old Long Mott'Roa~ a , distance of 704.5 feet to the place of beginning; I The above described tract of land contains wit~n its metes and'bounds 1.385 acres of land, more or less, of which 0.376 acres are situated within ~"-~ the Ol..d Long~Mott Road, and 1.009 acres are situated within the Wilsop. Estate. ~ ........, "'-, ~ I . , ... ..4 1""'314 - ,- ~. Qi) !~ ~ ~ ,- . ~ CONDEMNATION - RIGHT-OF-WAY - HIGHWAY 35 On this the 18th day, of June, 1956, at a Special Term of the ColllIllis- sioners' Court of 'Calhoun County, Texas, with all members of the Court being present, on motion made by Clarence Barton, seconded by Ernes't Radtke and I , unanimously carried, the offer previously made to The Willett Wilson Estate was refused by them, an~ the County Attorney-Jack Fields, assisted by R,'A. Barton of Port Lavaca and Frank Guittard of Guittard and Henderson of Victoria, I Texas are hereby authorized and instructed to proceed in condemnation to acqu~re title to such land for state Highway No. 35, by-Pass Route, described as' follows, to-wit: First Tract Being a part of 21.0 acres of land situated in the Maximo Sanchez League, Abstract No. 35, conveyed by B. W. Klipst~n~ et al, to Willett'Wilson by deed dated the 1st day of June 1907, and recorded in Volume U Page ,],1 of Deed Records of Calhoun, County, Texas, and being more particularly described as . follows, to-wit: BEGINNING at,lthe most Eastern corner of the ,above mentioned 21.0 acre tract; THENCE S 85 deg. 49' W with a forty foot public road a distance of 226.0 , 1 feet to a point in the proposed Northwest right-of~wa~ line of St. Hwy. 35 By-Pass Route; THENCE N 37 deg. 41' E with said right-of-way line a distance of 160.7: feet to a point for corner, said poInt being 175.0 feet Northwest and opposite th~ Engineer's Centerline Sta. 18+00; " THENCE N 41 deg. 57' E with said right-of-way line. a distance of 9.9 feet to a point in the line dividing this tract and 18.5 acres' of land sold Willett Wilson by L. Seabrook; THENCE S 45 deg. 34' E with the above mentioned property line a'distance of 168.6 feet to the place of beginning, containing within these metes and , bounds 0.329 acres of land, more or less. . ...,- Being a pa'rt ~f 18.5 acres of land situated in the Maximo sanchez.'LeagUe .#-~-- . ./# .~ . . ...c' .' Abstract No. 35, conveyed by L. Seabrook to Willett Wilson by deed datedrthe ~_.,~ ~th day of september 1907, and recorded in Volume T Page 587 of 'De~d Records Second Tract _...._~ 1 of Calhoun County, Texas, and being more particularly described as follows, to-wit: BEGINNING at the most Southern corner of the above mentioned 18.5 acre tract, said corner being the most Eastern corner of a p~rcel of land sold to Willett Wilson by B. W. Klipst~n as described in the first tract of this I - instrument; ./ . l ..... r -" 315 ~ , " t- . I THENCE N 45 deg. 34' W a distance of 168.6 feet to a point in the pro- posed Northwest right-of-way line of st. Hwy. 35 By-Pass Route; THENCE N 41 deg. 57' E with said right-of-way line a distance of 296.3 feet to a point for corner, said point being 170.0 feet Northwest of and opposite the Engineer's Centerline Sta. 21+00; I - THENCE N 48 deg. 55' E with said right-of-way line a distance of 715.3 feet to a point in the cpmmon line separating this tract and 15.0 acres of land sold to Willett Wilson by N. W. Coward; THENCE S 45 deg. 34' E with said property line a distance of 233.9 feet to a point for corner, at 131.0 feet this cpur~e crosses the Engineer's Centerline sta. 28+07.4; THENCE S 44 deg. 26' W along a 40 foot public road a distance of 886.0 . feet to a point for corner; THENCE S 85 deg. 49' W with said road a distance of 164.0 feet to the place of beginning" containing within these me~es and bounds 6.059 acres,of land, more or less. Third Tract I , Being a part of 15.0 acres of land situated in the Maximo Sanchez League, Abstract No. 35, conveyed by N. W. Cpward to Willett Wilson by deed dated the lOth day of November 1910, and recorded in Volume X P~ge 139 of Deed Records of CalPoun County, Texas, and being more particularly described as fOllows, to-wit: . BEGINNING at the most Southern corner of the above mention~d 15.0 acre tract, same being 792.0 feet Northeast and 20.0 feet Northwest of the North corner of the Samuel Shupe survey and also being the most Eastern corner of 18.5 acres of lapd sold to Willett Wilson,by L. Seabrook; THENCE N 45,deg, 34' W a ,distance of 233.9 feet to a point in the pro- ^ posed Northwest right-of-way line o~ st. Hwy. 35 By-Pass Rout~; THENCE N 48 deg. 55' E with said right-of-way line a distance ~f 596.6 feet to a point for corner, said point being 12S,0 feet Northwest of an~ opposite the Engineer's Centerline Sta. 34+00 I - THENCE N 44 deg. 40' E with said right-of-way line a distance of 195.2 feet to a point in the common property line separating this tract and 21.3 acres of land sold to Willett Wilson by Mrs. Bel~e Tisdale; THENCE S 46 ,deg. 12' 'E a distance of 177.7 feet to a point, for corner, at 124.0 feet this ~ourse crosses the Engineer's Centerline Sta. 33+64.5; I ^ THENCE S 43 deg. 48' W along a 40 foot publiC road ~ distance of 792.0 feet to the place of beginning, containing within these metes and bounds 3.637 acres of land, more or less. . '. ~ ~ r'""316 /.- 00..... t:::1 ~ , ttl "~~~ . I Fourth Tract Being a part of 21.3 acres or land situated. in the Maximo Sanchez League, Abstract No. 35, conveyed by Mrs.,Belle Tisdale to Willett Wilson by'deed dated the 7th day or October 1907, and recorded in Volume U Page 60 of Deed I, Records of Calhoun County, Texas, and being more particularly described as rollows" to-wit: BEGINNING at the most Southern'corner or the abovementioned 21.3 acre tract, same being 1584.0 reet Northeast and 20.0 feet Northwest of the North corner of the Samuel Shupe Survey and also being the most Eastern corner'of 15.0 acres of land sold'to Willett Wilson by N. W~ coward as described in the third tract of this instrument; THENCE N 46 deg. 12' Wa distance of 177.7 feet to a point in the proposed We,13t right-of-way line or 3t. Hwy. 35 By-Pass Route, at 53.7 ,feet this.. course crosses the Engineer's Centerline Sta. 33+64.5; THENCE N 44 deg. 401 E with said right-of-way line a distance of 238.3 reet to a point for corner, said point being 124.0 feet North~lest of and opposite the Engineer's Centerline Sta. 36+00.9; __.._, THENCE N 36 deg. 32' Ewith said right-of-way line a distance of. 371.7 reet to a point for corner, said point being 138.0 feet West of and opposite the Engineer's Centerline Sta. 40+00; THENCE N 26 deg. 10' E with said right-of-way lineca distance of 277.5 reet to a point for corner, said point being 148.0 feet West of and opposite the Engineer's Centerline 3ta. 43+00; THENCE N 16 deg. Obi E with said right-of-way line a distance of'f42.4, I, . 1 reet to a point for corner; THENCE N 22deg. 04' W with said right-of;::way line a distance of 157 ~2 feet to a point In-the fence separating this tract and the One-Half League " Road, said point being N 60 deg.15' W a 'distance or 541.6 teet from the most . Eastern corner of the 21.3 acre Wilson'ttract; .. THENCE N 44 deg. 30' E a distance of ~.9 feet toa point in the Maximo Sanches One-Half, League Line; THENCE S 60 deg. 15' E with the Maximo Sanches One-HaIr League Line' a , I .. distance of 541.6 feet to a point for corner; THENCE 3 44 deg. 30' W a distimce or 24.9 feet to the most Eastern corner or the 21.3 ,acre Wilson tract; THENCE S 44 deg. .18' W with the fence sep'arating this tract.'and a 40.0 foot publiC road a distance of 1193.5 feet to the place or bElginning; , ..,pC- -~.,~ The above described tract of land contains within its metes-arid bounds 7.437 acres of land, more or less, of which 0.302 acres are' ;3ituated within the existing One-Half League Road leaving 7.135 acres out of the Wilson tract. I . l ~I - 317 ""ll - . I I . I . I .' ., I - . - J\. CONDEMNATION - RIGHT-OF-WAY - HIGHWAY 35 On this the 18th day of June, 195&, at a Special ~erm of the Commis- sioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion ,made by Clarence Barton, seconded by Ernest Radtke and unanimously passed, the offer previously made to The Willett Wilson Estate, The W. C. Noble .Estate and the Chas. H. Boyd Estate was refused by them" and the County Attorney-Jack Fields,. assisted by R., A.- Barton of Port Lavaca and Frank Guittard of Guittard and Henderson of Victoria, Texas are hereby , authorized and instructed to proceed in condemnation to acquire title to such land for State Highway No. 35, By-Pass Route, described as follows, to-wit: Being a part of 150.6 acres of land situated 'in the Alejandro Esparza One- Half League Grant, Abstract No. 12, conveyed by J. J. Randle,' et al to W. C. Noble and Willett Wilson by deed dated the 6th day of May, 1911, and recorded in Volume X, Page 478 of Deed Records of Calhoun County, Texas; and of which an undivided one-fourth interest was conveyed by W. C. Noble to. Chas. H. Boyd by deed dated the 23rd day of April, i915 and recorded In Volume 9, Page 620 of Deed Records of Calhoun County., Texas; . BEGINNING at the most Northern corner of lands sold to Ruth by W. C. NOble, Chas. 'J.I. Boyd, and Willett Wilson, same being the most Western corner of the remaining Wilson, Noble, and Boyd lands; THENCE N 15 deg. 55' E with the fence separating this tract and the Bickford lands a distance of 319.8 feet to a point in the proposed North- east right-of-wa~ line of st. Hwy. 35 By-Pass Route, said point being in a 2 deg. 00' cur', e to the right with a central angle of 39 deg. 501 ; said" point also being 115.0 feet Northwest of and at right angles to the Engineer's Centerline Sta. 113+71.9; THENCE with the above mentioned 2 deg. 001 curve'to the right along the following courses and d~stances: N 39 deg. 42' E a distance of 29.2 feet, N 41 deg. 42' E a distance of 104.0 feet, ,- N 43 deg. 42' E a distance of 104.0 feet, N 45 deg. 42' E a distance of 104.0 feet, N 47 deg. 42' E a distance of 104.0 feet, N 49 deg. 42' E a distance of 104.0 feet, N 51 deg. 42' E a distance of 104.0 feet, N 53 deg. 421 E a distance of 104.6 feet, N 55 deg. 421 E a distance of 104.0 feet, --~ N 57 deg. 42' E a distance of 104.0 feet, ... .... "'-318 ..=----- Of) ~ ~ ~ ,,----~ - - "'- ../ J . N 59 deg. 11' E a distance of 50.5 feet to the :p.,r~of,~he' ~bove,ment~oJ:.led 2 deg. 00' curve, said point being 115.0 feet, Northwest of .and opposite the Engineer's Centerline Sta., 123+48.6; THENCE N 59 deg. 40' E with said ~ight-of-way. line a distance of 172.1 feet I' - to a point in the ~ence separating this tract 'and the Bickford Subdi~ision; THENCE S 74 deg., 05' E with the above mentioned tence a distance of 318.4 feet to a point in the Southwest right-of-way line of st. Hwy. 35 ~y-Pass Route, crosses at 159.2 feet this course} the Engineer's Centerline Sta. 126+30.8; THENCE S 59 deg. 40' W with said right-of-way line a distance of 392.3 feet to the P. C. of a 2 deg. 00' curve to the left, said point being 115.0 feet Southeast of and opposite the Engineer's Centerline sta. 123+L~8.6; I . THENCE with the above mentioned 2 deg. 00' curve to the right along the . following courses and distances;" ./'1 S 59 deg. 11' W a distance ,of 46.:~7 feet, :S 57 deg. 42! W a distance of 96.0 feet, S 55 deg. 42! W 'a distance of 96.0 feet, S 53 deg. 42! W a distance of 96.0 feet, S 51 deg. 42! W a distance of 96.0 feet, '. S 49 deg. 421 W a distance of 96.0 feet, S 47 deg. 42! W a distance of 96.0 ,feet, S 45 deg. 42! W a distance of 96.0 feet, S 43 deg. 42! W a distance of 96.0 feet, S 41 deg. 42! W a distance of 96.0 feet" S 39 deg. 42! W a ,distance of 96.0 feet, S 37 deg. 421 W a distance of 96.0 feet, S 35 deg. 42! W a distance of 76.,6 feet, to a point in the fence separating, " this tract and the Lynnhaven Subdivision of the:City of Port Lavaca; THENCE N 74 deg. 37' W with said fence a distance of 120.5 feet to .the I place of beginning;' containing wit hin the se metes and, bounds 7.,719 acres of land, more or less. SPECIAL JULY TERM HELD JULY 2, 1956 . THE STATE OF TEXAS I I COUNTY OF CALHOUN I BE IT REMEMBERED, that on this the 2nd day of JUly, 1956, there was begun . and holden at the Courthouse in the City of Port Lavaca, said County and State, a Special Term of the Commissioners' Court within and for said County and ~._4 I . , State same being the Special July Term 1956, and there were present on this . date the following officers of the Court, to-wit: HOWARD G.- HARTZOG, County Judge . FRANKE. WEDIG, Commissionez:. Pro 1 R. F. KEMPER, Commissioner Pro 2 I CLARENCE BARTON, MAURICE G. WOOD, , Commissioner ,Pr..~l.r 1---/ ' County/Clerk WHEREUPON the following orders wer,e made and entered by said Court, to-wit: . l ..... ; Y1 I I" { 1 " I I I , I I I j L I I I' " /) /' ''--. ACCEPTANCE OF BID ON MAINTENANCE EQUIPMENT On this the '2nd day of July, 1956, at a Special Term of the Commis- sioners' Court cf Calhoun Count,., Texas, 'with Commi"lsicners Wedig, Kemper and Barton in attendance, and on motion made by Clar.~nce Barton, seconded by Frank Kemper the bid of south Texas Equipment Co., Inc. was accepted as the lowest and best bid. Bids are as follows:' ~OUTH T~s E~~~NT Co..lnc.,,,~. @on'raclora &4uiptt1l!nl SAL~S AND S~RV1C~ 5500 NAVIGATION BLVD, TELEPHONE WA,8-2466 p, 0, BOX 173il ,~ June 29, 1956 DISTRIBUTORS FOR, INSLEY P...4UIIU, T.IUIC,K MOt.S. C."III.S. C:OMUJ:TI "AMOLINIi EQUIP_Inn Commissioner's'Court Calhoun County City of ~ort Lavaca, Texas LE TOURNEAU_WESTINGHOUSE TOU.II"PULLS. TOU'NAT.ACTO'S. SC<<A~I.S. TOU.MA'OPI. Gentlemen: ,. Pursuant to you~ adverlised, request, 'Ire are pleased to submit the follOldng quotation. Model P20 _ 225 Gallon Standard Steel Tar Kettle with two No.14 Burners, 2" gravity draw off, mounted on sing1e axle with 6.50 x 16 six ply tires, fenders, motor driven spray (18GPM 'and 2 h.p. engine), pencU type thermometer. ....DAMS .OTO' fSRAOERS AHD TR"YllOADtRS BARBER.GREENE OITCMEU. ttHIIIIHQ\lS PU'HU .,.1$111.", CO..,"015 l.aADnS AND .,ULU 1 I \ I ~ 1 CHALLENGE TRUC:Il:MIIUS CRA.l.. ,1II0 IIIDUSnlAL WHElL TRACTO., . . . .$960.00 ,S- - f7J" OLIVER C~mplete, f.o.b. Seadri1't, Texas47. . . , ""J:~ Alternate: 0, 1 Model P16- 165 Ga110~ St~rd Steel far Kettlfl with one 1'10.14 Burner, 2" 'gravity draw off, mounted on single axle with 6.00 x 16 four ply tires, fenders, motor driven spray, (18 GPM. Pump - 2 h.p engine), pencil type thermometer. E:LGIN STun ,.un." e. M. C. .'UIS. I"VII". illS. "OIlTI, UTcRnIS. S"''' IIl;S STANDARD STEEL TA' IIf:TTUS. HICKW"Y 1I"lln:N"NC:! -TOOU, "lUSMI.I'. IITlJ.tIlOUS OlslIlBUTORS ComPlete, f.o.b. Seadrift,Texas . . . . . . . $857.00 Delivery: Two weeks after receipt of order \ I I I I t I SHOVEL SUPPLY URCUSOII "AIIOEM R01.URS, PIIIUII"TlC aoLL1::R., SMll.PSFOOl' ROUUS, IiI.AOU BU.D~' Terms : 3% Cash Discount LEACH PACXIR .AIt..ur .tOOI., We are attaching herewith a Cashier's Check in the amount of ~so.oo as bid deposit. We appreciate ,theoppor,tunity of submitting this quotation and hope to be favored with an order. PITMAN "YORAU,.T.. GII,"I"r.S McCA.FFREY-RUDDOCK IIUf>o.O-lIUlt '''''UIIU Very truly yours MALL P1>W1J! HAIID TOOU CO.,INC. HENDRIX O."SU.I But.a,. ERIe. cu.1I'llInL IUtUTS RPD/bw Encls.2 ALLIED EQUIPMENT ,~ '''''''Ill cJ/9 . ! / ( r '\ ' , I r i \ I ./,j ,~ r- #' ~dA:J . , , i .... . ..,T""IILf8HKD ..,~.. 1,\1 ~ BUCYRUS-ERIE Sbovels-Draglines CLEVELAND Trenchers and BackfiUers DROTT Tractor Loaders BuH Oams FOOTE Concrete Pe.vers Black Top Pavers Finishers GALlON Motor Graders RolIers-3 Wheel and Tandem GERLINGER Lift and Straddle Trucks HELTZEL Road Forms Bins and Butchers HOUGH Payloaders HUGHES,KEENAN Cranes-Tracto.r Mounted Cranes-Rubber .Tire Mounted INTERNATIONAL Crawler Tractors Bulldozers and Scrapers Off Road Hauling Units Wheeled Tractors Diesel and Gas Power Units 'JAEGER ~ Air Compressors Concrete Mixers Truck Mixers Finishing Machines Pumps and Spreaders JONES SUPERIOR Saw Rigs LITTLEFORD Asphalt Distributors . Tar Kettles SUPERIOR Pipe Booms THOR Air and Electrical Tools VULCAN Pile Hammers WAYNE Street Sweepers Industrial Sweepers Supplies. Salamanders and Repair Parts Carried in Stock :?"'~''Z'~.~i~;_\j./ .01..' ~ ~ r. "~ ~; h'. .~~... ~ J" "~'~ . 1,.'. :"i ;;:~(.;, ... ~{!j,! --~. \1 f. ,..~ .~~.;::. '';../'' \"i-:.:.".."'- ~ ; ..il' LililLllil,!J ' ~:J,_~~I~ l~ I . ~ HOUS'TON TItX........."r 1..1'~. OAI'; I"HOJola:e.-.I"\TOI.. '_~:n1 P. o. .ex ...a O~I.LA. so. .XI"O.IT10N ",.....N\). '110N. TJ:NI.ON lilt I ~~!Jj.l~ 'Jl.lJ..L:!:..,lw, June 29, 1956 Honorable County Judge & Commissioners Court Calhoun County Port Lavaca, Texas Gentlemen: In response to' your' notice to' bidders", we are pleased to quote as foi1ows:, One -Littleford Model 84-HD Size No, 4 225 gallon capacity maintenance kettle, with two torch type burners, combination regu1atol' valve and strainer, 6'; long rubber hose connecting 20-ga11on fuel tank to burners, fu~l t~nk equipped with 'hand air, pump; separati:lJ,gscreen provided in bottom of melting tanle, 2'!,;:size draw- 0 ff., towing hit ch ,with 3" eyewel,ded to channel frame, stem type thermomete%" motor sp%,ayattachinent' coinp1et,ewith 15' insulated ,metal hose ,and "hand 'spray ba%'" and :mount,ed on single axle with semi- elliptlqal spri~~ iith 6:~if i 16 B-ply pneumatic tires. ' Weight appr6ximately'l;680pounds. Price f.o'.b. any,po,int ili Calhoun Co. $1,123.00 I A1 ternate, Bi d: One -,Lltt1'e:ford Model 84.:.HD Size' No.3 165 gallon capacity,m.'aintenance kettle, with torch type burner, combination' regu1'ator val veand, str"ainer, 6" long rubbe%' hose connec'ting,,20':'ga1lon ft,l'el 'tank ,to', burner, fuel tank 'eqtiipp,ed wi thi hand air pump , separating screen-provided in bottoni of melting tank",r 1/2" si~e draw~off, towing hitch wi tli ,3" 'eye welded to channel frame, stem type 30" thermometer, mot,or spray 2':'; "~~w i;;:;~"" Jf.~ 5Y e;dJ I \ I ---- '-=--... ./ d'CZ-/ ""Ill ", J ! ' , I I Calhoun County - Page 2 - June 29, 1956 hose and hand spray bar, and mounted on single axle with semi-elliptical spring with 6:00 x 16 6~p1y pneumatic tires. Weight approximately 1,490 pounds. Yrice f.o.b. any point in Calhoun Co. - $973.00 T_rms: 2% fo~ cash, or if you desire an extended payment plan, we feel sure a mutually satisfac- tory arrangement can be worked out. L Delivery: Immediate shipment can 'be made from factory stock, subject to 'prior sale. Lite~ature and specifications as ~e11 as a cashier's check in the ,amount of $60.00 are enclosed. I We thank you for this opportunity of quoting an~ hope you will see fit to favor us with your order. rours very truly, BROWNING-FERRIS MAC.HINERY CO. By lhaJ ~Z Mack Nobl1.tt ' Sales Manager TD:jf Enc1o,sures 2 j .{ /1 \\ r t ( 1 ---- .1 I ~: z... I ) .- ..oil r"3,2~ '" " ,.1 , " I , , , I, f I( l' f ( ... , ,.,/' --- _._-- ,~ _ O'f...ii!::> : '" ---:-1 ~__~~:~~-.;. _._~-i~1~'_.-_\_-_.- _ ~._____~__ .__~_i-_ -'.- _::_,~.',~---~~~, TRANSFER OF FUNDS On this the 2nd day of July, 1956. at a Special Term of the Commis- sioner's court of Calhoun County. Texas. with Cp~ssion~rs Barton, Kemper , , IDd Wedig in attendance," wi th Judge Hartzog preEliding, a~,d on motion made , by Clarence Barton. seconded by Frank Wedig and un,animouflly adopted it was ordered that The Fire Equipment Fund is indebted to the Hospital Sinking Fund and an investment ih warrants as duly provided by pr;l.or orders. and whereas, there, is"avalllable in the Fire Equipment Fund sufficient funds to retire and pay $15,000.00 on such debt. It is therefore orde:r;ed that the sum ,of $15.QoO.OO be transfered ^, on the Treasurers Books fro~the, Fire Equipment Account to the H~~pltal Sinking Account in order that funds may be available ~o>:forward funds . . ,-.' ,P . ,I'. , to the Board of, County and Di~trict .Road Indebtedness t'o 'cover principal , and interest on such ijospital Bonds prior to August 15. 1956. , " , .' .' .. ~ ;. - .,-. - ,j". - - - " ' -, - - '-. ," , MINUTES AND ADJOURNMENT On tris the 9th day of July, 1956, at a Regular Term of the' 'Commissioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion duly made, seconded and unanimously adopted the Minutes of the Previous meeting in June were read and approved. ATTBST: t": ';; Maurice G. Wood, County Clerk and Ex-Officio Clerk of the Commissioners' Court Calhoun County, Texas ',~~' -.&-....;.~ f~ . ( ,,'..' "', , ~~ I I I I I ,... -- 323 ""11 . I REGULAR JULY TERM HELD JULY 9th, 1956 I THE STATE OF TEXAS I I COUNTY OF CALHOUN 0 ' BE IT REMEMBERED, that on this the 9th..day of' JUly, 1956, there was begun and holden at the Courthouse in the City of Port Lavaca. said Co~ty and State a Regular Term of' the Commissioners I Court within and- Tor- said County and State same being the Regular July Term 1956, and there were present on this 'day the f'ollowing of'ficers of the Court, to-wit: . , , HOWARD G. HARTZOG, County Judge FRANK E. WEDIG, Commissioner Pro 1 R. F. KEMPER, Commissioner Pro 2 , ERNEST H. RADTKE, Commissioner Pro 3 " CLARENCE B~RTON, Commissioner Pro 4 MAURICE G. WOOD, County Cl~rk , WHEREUPON the f'ollowing ord~rs were made, and entered by said Court, to;., wit: I -- TREASURER'S REPORT FOR JUNE APPROVED On this the 9th'day of' JuiY~1956, at a Regular Term of' the Commis- sioners' Court of' Calhoun County, Texas, with all members ,of' the Court being present, Miss Mary Stephens, county Treasurer, presented her report f'or the month of' June 1956, and it having been read in open Court and the Court haVing duly considered the same together with the exhibits accompany- . ing same, and having the balances compared in the various accounts 'and f'ind- ing said report to be correct, on motion duly made, seconded and unanimously carried the County Tveasurer's Report for the month of' June 1956, be and the same is hereby approved. l' - - - - - - - - - - - - -- - - I CONDITIONED APPROVAL OF THE PLAT OF MAGNOLIA PALMS SUBDIVISION On this the 9th day of JUly, 1956, at a Regular Term of' the Commis- sioners' Court of Calhoun County, Texas, with all members of' the Court being present, Mr. Charles W. Hodges, County Surveyor, presented to the ~ -"'-.. I Court f'or the Courts approval of' the Plat.of Magno]ia Palms Subdivision Out of' N i of' Tract 29, Tilke & C~ofker First Addition to Alamo Beach, ~ - - Calhoun County, Texas, surveyed 4/25/1956. On motion made by Frank Wedig, seconded by Ernest Radtke, the Plat of' Magnolia Palms Subdivision . ..... ..... r"'324 -- oo~ ~ ~ eo ~,-,-- , . , owned by Thomas D. Swindler and Fraulein C. Swindler was approved for record I, , - conditioned that no privat,e streets are accepted or will be maintained, except on legal designation to a full 60 foot width. imously. It is so ordered. Motion passed, unan- > l~ , \ " \ \ I ~ - - - - - - On this the 9th day of JUly, 1956, at a Regul~r Term of the Commis- CONDEMNATION SETTLEMENT, STATE HIGHWAY 35 AT GREEN LAKE sioners' Court of Calhoun County, Texas, with all members of the Court being present, Mr. D. D. Boyd, Attorney for Edw~rd A. Sibley, Houston M. Scarborough, Arthur W. Mueller and Howell J. Mueller, submitted to the Court an offer to settle such Condemnation suit, as to land, and damages in the sum of $2150.00 to be divided - $100.00 per acre as to land and the balance as damage to the remainder of Tract 1 and 2 of their land. Land @ $100 per ,acre containing J.IO acres = $310.00 Damages to remainder of land $1840.00 On motion made by Frank Wedig, seconded by Frank Kemper and unanimously adopted the offer was ordered accepted. . - - - - - - - - - - - - I' , ,/ . r I: , ? /----------. ~ __c~- :I~ ,~-=- <' ~""_-1 / ,,.~.J - . . . l ..... ".. ,-, 325""ll . ~I SPECIAL JULY TERM HELD JULY 16, 1956 THE STATE OF TEXAS I I COUNTY OF CALHOUN 0 BE IT REMEMBERED, that on t;his the ,16, day of July, 1956, there was begun 'I and holden at the Courthouse in the City of Po~t Lavaca, said County and ,State a Special Term of the Commissioners' Court within and for said County and State, same being the Special July Term 1956, and there were present on this date the following officers of the Court, to-wit: Howard G. Hartzog, County Judge . Frank E. Wedig, Commissiqner Precinct No. 1 R. F. Kemper, Commissioner ,Precinct No.2 Ernest H. Radtke, Co~ssioner Precinct No. 3 Clarence Barton, Commis~ioner Precinct No. 4 Maurice G. Wood, County Clerk WHEREUPON the following orders were made and entered by the said Court, to-wit: I ,- - - - - - - - - - - - - - - - - - - - , TAX ASSESSOR AND COLLECTORS REPORT FOR JUNE'APPROVED On this the 16th dll.Y ofj~iy~ i956;at a sp~c:i.ll.l Term of ,the Commie sioners' Court of Calhoun County, Texas, with a~l ~embers of the Court being present, Mrs. C. B. Guidry, Deputy, presented her report for the month of June 1956, and it having been read in open Court, and the Court . having duly considereq the same together with the exhibits accompanying same, and having the balances compared in the various aecounts and finds that said report is correct, on motion duly made, seconded and unanimously carried, the Tax Assessor-Collectors Report for the month of June 1956,:, be and the same is hereby approved. TAX ASSESSOR AND COLLECTORS ANNUAL REPORT APPROVED 'I ...... '-." ... On this the 16th day of July, 1956, at a Special Term of the Commis- sioners' Court of Calhoun County, Texas, with all members of the Court being present, Mrs. C. B. GUidry, Deputy, presented the Annual Report of the Tax Assessor-Collector for the year 1955. After having examined the 'I ,- same, on motion duly made seconded anq unanimously carried, the Annual Report of the Tax ~ssessor-Collector for the year 1955, be and the same is hereby approved. - - - - - - - - - - - - - - . -----....- lIo.... ..... r326 I I I ~--- ""'II1II 00 ~-1 ~ 1::7:..: ,l"l>:J . ,- , I, THIRD SPECIAL JULY TERM , " HELD JULY 23, 1956 COUNTY OF CALHOUN I I I THE STATE OF TEXAS BE IT REMEMBERED, ~hat on this the 23rd day of July, 1956, there was begun and holden at the Courthouse in the City of Port Lavaca" said County and State I - the Third special July Term of the Commissioners' Court within and for said County and State, sarne being the Third Special July Term of 1956 and there were present on this day the following officers of the Court, to-wit: HOWAffiD G. HARTZOG, County Judge FRANK E. WEDIG, 'Commissioner Pro 1 , . R. F. KEMPER, COIlmlissioner pr'; 2 ERNEST H. RADTKE, Commissioner Pro 3 CLARENCE BARTON, Commissioner Pro 4 MAURICE G. WOOD, County Clerk WHEREUPON, the following orders were made and entered by said court,to~wit: G:ALHOUN COUNTY MEMORIAL' HOSPITAL';~ CURB 'IMPROVEMENT " " On this the 23rd day of'july,1956, ~t~a~-special Term of the Commis- I sioners' Court of Calhoun County, Texas, with all members of the Court being present, Homer Horton, Administrator and D. D~ Boyd, Member of the Board of Trustees of Calhoun County Memorial Hospital, appeared before,:th:e Court with the need for a curb fronting the Hospital on the Six Mile Highwa:r (Virginia' Street) and submitted the plans prepared by the State Highway De:9artment. It was unanimously ordered that Homer Horton be authorized to contact . various contractors to determine the cost of 'such improvement and 'report to the Court. PAUPER On this the 23rd day of July, 1956, at a.Special.Term of thl3 Commis- I: sioners' Court of Calhoun County, Texas, with all members of 'the. Court being present, On motion made by Clarence Barton, seconded by- Frank 'Kemper and un- animously passed, that temporary relief be authorized .for the 'eiight children of Mr. & Mrs. W. L. Blevins of Seadrift, Texas, and that Comihiss:ioner Barton - be authorized to issue requisitions 'in the amount of $25.00 per week and for 1 water and lights until the State Relief Agencies can suppliment '~heir needs. It is so ordered. o - .. -' -;..- . l '. ...... . I~~ I. I I I I II)., .. \ ----- .' n THE STATE OF TEXAS COUNTY OF CALHOtfi o o KNOW ALL MEN BY THESE PRESENTS: That the County of Calhoun , Texas, acting by and through its Commissioners' Court, by virtue of motion and resolution introduced and adopted by said Commissioners' Court on the c2~' day of ~ ' i95&.., does by these presents GRANT, GIVE AND ELINQUISH to COASTAL STATES GAS PRODtK:n<<; COMPANY , of the County of Nueces, Texas, Right, Privilege and Authority to construct, reconstruct, lay and maintain a ~ inch gas ~ line, said line to be constructed of steel material, along the following public road held by the County , ",u, .,.,f,;, of Calhoun , Texas, upon the conditions, obliga- tions and requirements as, hereinafter set forth, said public road upon which said gas line is to be construc- ted, reconstructed, laid and maintained being as follows: '-'-.""._--.:.~~.~- LINE 1: BEGINNING at the Townsite of Olivia bearing North- east to the intersection of an East-West COunty Road; THENCE East along the North boundary line of Block 17 of the Wolf Point Ranch to the Southeast corner of Block 14 of Wolf Point Ranch; THENCE North along the East boundary of Block 14, Block 11. Block 7, and Block 2. of the Wolf Point Ranch. to the 3ackson County line. LINE 2: BEGINNING at the Northeast corner of Lot 5, Block 10. of Wolf Point Ranch; , THENCE West along the North boundary line of Block 10 and 11 of Wolf PoInt Ranch to the intersectlon of State Highway Number 172. LINE 3: BEGINNING on the South shore of Block 39 of the Thea. F. Koch Survey; THENCE North to the Jackson County 11ne. , ...!J~ '7 ""l / .:.4 I""" d.;z .? ~__~_,r "t The granting, giving and authorizing of permission for the said aforenamed grantee to so eonstruct, reconstruct, lay and maintain a gas line along the above des- cribed public road being conditioned that grantee agrees that: 1, It will install said pipeline so that the top of '~I- , -, ' the line will beat the minimum qepth of 30 lnches below the flow line of the ditches on either side of said road. ---.----- .-+---'.' -.--.-----......------ 2, It will employ'acompetent'person or firm to do 'I terms. , 3, It will use-all proper caution in performing 'the work to prevent injury to'all persons and property, and it Calhoun will indemnify : 'County againit all damages that may be assessed against it by reasons of the " ' work he.re'per~~tted and'the maintenance of such pipeline. " ' - c.' .- ". l..l ::- , .-' -. '-=---: c, ,-. 4: It 'will replace '-the road in the same cond'i tionas it was, which will require a refill of the di:tch caused by - installation of the pipe, tamping, and ,a waiting period of approximately sixty (60) days to allow '{or pr'oper settling and then a replacement of the surface if required, It will I -, notify the County Engineer on the completion 'of the refill above mehtioned and the ~ounty Engineer will ~ake such in- I spections as he deems ne~essary at that time, at the expira- , tion of said sixty (60) day period and after ire surfacing has been made to determine if the work has been done properly, " It will comply with such requirements in replacing said lroad as,the County Engineer may require, Calhoun . ' 5, In the event Co~nty, Texas,. the ) State Highway Department or any other municipality then Icon- structing, reconstructing, maintaining and operating said public road should. in the orderly course of its ,construction, NtQi''1,N G:>, . reconstruction, and/or repairing^and maintaining of sa~~road, deem it advisable to relocate said ,pipeline or ~o have same removed from said right-of-way entirely, then the grantee covenants and obligates itself to remove and ;re!ocate said pipeline or to remove same eritirely from right-of-way at its I'. ~-~/ I], own expense, such remc'val or relocation to be done at the wi!! CalhoUn ' and pleasure of the County of Texas, the State Highway Department or any other municipality that may be , " ',I- ,-' ,. ....~ !f I I I , I .1 "--~.. ~oz. ~ "'1 .' constructing, maintaining and operating said public road, which said covenants, obligations and agreements shall be binding on grantee, its successors and assigns, and should grantee, upon 'being given 30 days notice in writing to re- 'move or relocate said pipelines by any of the aforementioned agencies, fail to do so, then the agency then constructing, reconstructing, maintaining and operating said public road may thereupon remove same and be absolved of any responsi- bility and liability resulting from damage to said pipeline, or injuries to grantee, its successors and assigns, as a re- suit of removing same. By the acceptance of this granting of permission to lay, construct and maintain said pipeline, grantee fully assumes responsibility and obligates itself to , , perform in its entirety the covenants, obligations and re- quirements hereinbefore set out. It is understood and agreed that in the event a le.:!k should develop in said pipeline, and upon being noti- fied by the County of C:alhoun _, Texas, act'iog through any of its authorized agents and repr~sen~atives, grantee will immediately repair 'and/or replace the injured or damaged section of said pipeline without delay. , It is expressly understood and agreed that no rep- resentation is made that the County of Calhoun, Texas, is the owner in fee of the public road right-of-way in question and under consideration, and grantee shall fully satisfy itself of the right to enter upon said land for the aforementioned purposes in the laying, constructing and maintaining of said pipeline, so far as the fee owner thereof is concerned, and the County of Calhoun , Texas, shall be, by grantee, held blameless from any damages or injuries occasion- ed by the acts of grantee as a result of the construction, maintenance and operation of said pipeline, and grantee assumes full responsibility and liability for any damage or injuries , ' arising or occasioned therefrom, ~ -3- At '.., ,~,::e;~~~~,<~;i'?~)::~' ~:':~4 L' . :r;/:.:"'~,-",,~\\~on . 'J ~t;i}:?2;...,Y\~:'::t;' '" ,,!;)Uilnt Se cretary hl,.:'~<-,,;'gG'R8' ,)'iN:=~ '" , j, ~;k~ _: : '::1~, . .' (.J...1',:., ...,t;~~~: ~: ... i . 'Ii':. ~..'I~u,'(l:i~~~"'4Td~\~(!. ""u .... ".' ~ ,v/ ' '. 0 ~ """'''''i\' \:..,..,', " , ",:0-,; c;"': .dA\I~/.;::-~/' -~ "'''-il:~''. .,..... tlf.~ "-;-. \~~~~~~~1{1:~r ' ~ d3CJ /.- ",0/ , [ ~- lr.... WITNESS OUR HANDS this the~ day of 1956, C::i~{.t/~~. '~ J- '-/' 4~d', missioner:, Prl3cinet , (j/,~I~~ Commissioner, Pree' et No, 2 &A~U~ ommissioner, Precinct No, 3 -tf~A(-~~L ,~~ Commiss~oner, Precinct No, 4 COASTAL STATES GAS PROO\X:ING COMPANY, , being the grantee in the aforementioned easement, does hereby accept the granting of same upon the tetms. eondttions and agreements"covenants and obligations as set forth therein, and agrees that same shall be fully binding up"n grantee, its successors and ,assigns, WITNESS THE SEAL this the ~ day ,of 195~. , ATTEST: " By '~~ .. President y' -4- - 1 I I I /" -" I I ------------_. -- ,---~--"""",--' --.,.....-- ,-----., \ ., a3/ I THE STATE OF TEXAS COUNTY OF CALHOUN ~ ~ I BEFORE ME, the undersigned authority" a Notary Public in and for Calhoun County, Texas, on this day personally appeared Howard G. Hartzog. Frank ~. Wedig, R. F. Kemper, Ernest H. Radtke and Clarence Barton known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and con~iderations therein expressed and in the capacity therein stated. Given under my hand and seal of office this 16 day I ;'f' "J 1 "-".:'~~O'.,:r7i:.\.:: "U'Y . . 'i..;;,;J~~'~:,~;.~~~,!I.:.fJl~;~ ,,', . . . ,} ':';;-'~';'\J' "j/' . I"". ~, . ,',' ':',r ~.:;;.\~ ...., 0.:;.. '>"-~";>~-"'. :; :~/ ..~>....:.,;:'\;t:,~~;:~..~ 4"',.:'~~.i~::~~~!~, ,h -. "".' :~1"'1:"I"\\\..r}i~.; "'(.)"".":;'.:">.~fit;',, ',' ;:: '=':t': .';.,;:;: 'dr!l-<,.,..'" I-:...r.1J'l~:f.M": 'rt ....,..,. ",,\"'f,.\...<":)!~r^'J'__'_' k....~~... ;. ,J:: : ..~::~'":".:'~: ~~'~'~':~71f.::~!"?~~'f~~T ~. i~,': " :~L~l"~~.~/r.l.r'~'';...r':~'';''';';::1.!.I~1;-.:.J.-..\, '1" - .,.,...'" .-;.p,'I-. ,,-- .n."......-.) . .,....- r. .::!.,.:.r::.J,~ t'"(..!'':~.!SI:~...'-I_l:'I{''' " . :~~ ~:.\~;~ ':<;.. " :,j .i.i~\1t~~.'~'}G~~~ /;~~tl~' . . \.....'.. ,j....".'. 'llj1'tT~";' ~ "'A-L~.:~(l., . :1 ~\\>,.t........ .'-:~l.7~~"''';' /~,.:~~ (\.'\:'~":f'1""~'f~ . \, . ~'.I '~:P.h."'-;'/' ~~r(..-1(i:;~~';.J-''':''.'l-~1'1~.Y'''':: ,.':;;~~M~~k;;~,~~~;~l~~!.,~~if\rrl'( :/;i ',';ijl;::';'THE:f;"ST-ATE 'OF TEXAS 195~, I , ~ :L-L'~ ,NotarY' p~l~nd or ., Calho'un County, Texas DOROTHY WOODY Notary Public In and' forlc..lhotln County, Texas " " , ;, , COUNTY OF NUECES ~ I BEFORE ME, the undersigned authority, on this day personally appeared o. s. WYATT, JR. known to me to be the person whose name is subscribed to the foregoing instrument, as Presidel!t of COASTAL STATES GAS PROOtX:lNG COMPANY , a corpora- tion, and acknowledged to me that he executed the same for the I '" purposes and consideration therein expressed, in the capacity ',j.;~~k~:m7:}t~h;~::.," :....--.;~ . . ,<;,k;;;~:;;fif;M:~'s;:tated, and as the act and deed of said corporation. !i~J?lrl~'~4~ Giv,n ondor my h'nd ,nd ,.., of offi" th" th, )/ 'i. '-",'~' ,,,..,,,~ayxe,f\" 195~. f~ 0 ~. :':~:-:.., (i'~}...WBt;j~ih,LJ ~'~;~5'~ . .. c . ,,'" '-:-:.:..o;"~~, :.,....:...fJ!, . ~. ;\~?}!\k:?lm:~~~:{r<i' '" ,0 F,' ~J\J,"" ,,-'; .,;.> '. .;:~:! i~';~';~:ii;'i \ \ \.\ \ j' ~ 'if' ':~~;~~1~;!;i>' ' C/l/7 I ~t\~/. -c/~~ Notary Pu lic in and for Nueces County, Texas, " , I";. -5- (~~ .... rS3..:2, l , WARRANT CANCELLED AT A SPECIAL TERM O~ THE COMM'SSIONERS' COURT IN ANO ~OR CALHOUN COUNTY, TEXAS, HELO IN THE REGULAR MEETING PLACE O~SAIO COURT IN THE COUNTY COURTHOUSE IN THE C,TY O~ PORT LAVACA, ON THE 23' DAY O~ JULV, 1956, WITH COUNTY JUOGE HARTZOG PRESIDING AND COMMISSIONERS WEDIG, KEMPER. RADTKE AND BARTON IN ATTENDANCE, IT HAVING BEEN BROUGHT TO THE ATTENTION O~ THE COMMISSIONERS' COURT THAT DIBTRICT COURT JURY WARRANT No. 95 IN THE SUM O~ $5.00 IBSUED TO MR. W. C. NEBLETT HAS NOT BEEN RECEIVED BV HIM AND APPARENTLV WAS LOST IN THE MAIL, tT WAS MOVED BY COMMISSIONER Barton . SECONDED BY COMMISBIONER Wadip; , THAT DISTRICT COURT JuRY WARRANT No. 95 BE CANCELLEC AND A NEW WARRANT IN THE SUM O~ $5.00 BE ISSUED TO THE ORDER O~ W. C. NEBLETT TO REPLACE THIS WARRANT. QUESTION. MOTION CARRIED. IT IS SO OROER~O. - - - - - - - - - - - - - FUNDS - TRANSFERED A t a Stlecial Term of the Commissioners I Court in and for Calhoun county~ Texas, on this the 23 day of July, 1956, with all members ,of ,the Court-being present - - -., - - - - - - - - - -,- WHEREUPON, THERE ,HAVING BEeN BROUGHT TO THE ATTENTION OP THE COMM- IS,BIONERSI COURT BY THE COUNTY AUDITOR THAT CASH BALANCEB REMAIN IN THE BINKING ~UNDBWHICH WERE MAINTAINED ~OR ROAD DISTRICT No.2, ROAD D,STRICT No.3 AND DRA'NAGE D,STRICT No.6. ANIJ THAT THERE NO LONGER IS ANV DEBT OUTSTANDING AgAINST THESE AFOREME~TIONED SINKING ~UNDB AND THAT .T IS RECOMMENDED BY THE COUNTV AUDITOR THAT THE BALANCES REMAINING IN THEBE SINKING ~UNDe BE TRANS~ERREO TO THE AVAILABLE OR MAINTENANCE ~UNDB o~ THESE DIBTRICTS, IT WAB MOVED BY COMMISSIONER Barton. 'SECONDED BY COMMISSIONER Radtke . THAT 'THE COUNTY TREASURER SE, AND \ . .' SHE I B HEREBY, ORDERED AND DIRECTED TO' TRANSI'ER THE CASH SALANCE O~ $74.)0 ~ROM ROAD DIBTRICT No.2 SINKING FUND TO ROA,O DISTRICT NO.2 AVAILABLE, TO TRANS~ER THE CASH BALANCE O~ $.:34 IN I~OAD DIBTRICT No.3 SINKING FUND TO ROAD AND BRIDGE PRECINCT,No. 3. AND TO TRANS~ER THE CASH SALANCE O~ $55.12 IN DRAINAGE D,STR,CT No.8 S,NKIN'G FUND TO DRAINAGE D,STR.CT No.6 MAINTENANCE FUND. AND THE COUNTY TREASURER IS ~URTHER ORDERED AND DIRECTEO TO CLOSE OUT THE ~UNDS MAINTAINED ~OR BAlD SINKING ~UNDS. THE COUNTV TREABURER IS ~URTHER ORDERED AND DIRECTED TO CREDIT ANV ~UTURE DELINQUENT TAX COLLECTIONS ~OR ANY O~ THE A~OREMENTIONED BINKING nJNDS TO THE RESPECTIVE ~UNDS TO WHICH THE CASH BALANCES ARE HEREBY TRANB~ERRED. I.E., ROAD D,STRICT No. 2 TO ROAD D,STRICT No.2 ,~VAILABLE FUND, ROAD DISTRICT No.3 TO ROAD AND BRIDGE PRECINCT No.3 AND DRA,INAGE DISTRICT No.8 TO DRAI"'AGE: DISTRICT No.8 MAINTElNANCE FUND. QUESTION. " MoTION CARRIED. IT IS 80 ORDEREO. /, ~ ~-, \ . , , I I I 1 .' I ... ""'IIIl 333 ,;, . " CITY-COUNTY RADIO COOPERATION I On this the 23rd day of July, 1956, at the Third Special, July Term of the Commissioners' Court of Calhoun County, Texas, with all members of the I Court being present, L. M. Fisher, Sheriff and Oscar Cavallin, Chief Deputy Sheriff appeared before the Court and,reported that his agreement with Chief Day of the City of Port Lavaca was terminated by the resignation of Chief Day and that the Sheriff's Department had restored County Equipment from the City Jail on the 18th day of July, 1956. Sheriff Fisher stated that as soon as the building recently purchased for jail purposes was placed in condition, that the Sheriff's Office would be moved to the larger quarters, and he believed a joint City-County opera- . tion would be in pUblic interest and as soon as the City Department was reorganized, that he would like the authority to investigate the possibility of recombining such operation in the new building. On motion made, seconded and unanimously carried, it was, ordered that the City be notified that the payment will be made as provided on page 198" I Volume J of the Minutes of the Commissioner' s- Court of Calhoun County, ,Texas, up to July 18th, 1956, the date of joint termination of the agreement for cooperation between,Chief Sam Day and Sheriff Leonard M. Fisher, and that . , , the newly acquired quarters be employed as a Sheriff's Department Office as soon as possible and that the Sheriff be authorized to investigate the possibilities of a new agreement with..the City Police Department, for a joint operation in the new quarters, and a certified copy of this order be forwarded to Mayor Ruel McDaniel. . SHERIFF - RADIO OPERATOR On this the'23rd day of July, 1956, at the Third Special July Term 1 of the Commissioners' Court of Calhoun County, Texas, with all members of the Court being present, On motion duly made, seconded and unanimously carried, it was ordered that as of the 18th day of July, 1956, that the Sheriff be authorized to employ a radio operator at the rate of $214.00 per month to be paId out of the same funds as provided in the budget under the former agreement between the County and the City of Port Lavaca. SHERIFF - EQUIPMENT I On this the 23rd day of JUly, 1956, at the Rhird Special July Term of the Commissioners' Court of Calhoun County, Texas, with all members of the , - - Court being present, on motion duly made, seconded and unanimously carried it was authorized that the finger print camera of Sam Day be'purchased for the sum of $145.00 for the use of the Sheriff's Department out of the Permanent Improvement Fund. . - -\ ....------- ..... ..... ""-334 00 ~ ~.. ~ . INSURANCE - SMITH BUILDING On this the 2)rd day of July, 1956, at the Third Special, Term of the Com- missioners,' Court of Calhoun County, Texas. with all, members of the Court I being present, Mr. Lyman Kolbo of the Kolbo Insurance Agency appeared, before the Court and advised the Court that since 1954. he had conducted a general insurance agency in the City of Port Lavaca and he understands that the Court I continuously divides insurance between the various local agents and that he would appreciate consideration on an equal basis and that his agency be included when reallocation of insurance is made. , On motion made. seconded and unanimously adopted, Mr. Kolbo was advised to make a survey of the Smith Bui~ding and contents and file a binder on 80% basis and report to the Court. . - - - - - - - - - - - - RIGHT-OF-WAY ~, SETTLEMENT OF CONDEMNATION . On this the 23rd day of July, 1956; at the Third Special Term of the Commissioners' Court, of Calhoun County, Texas. with all members of the Court being present, on l!Iotion ~uly made, seconded and unanimously carried, it was ordered that the right of way easement as executed by Arthur W. Mueller, et al be ordered accepted and filed. and in confimation of the Order of July 9th. 1956, the County Clerk and Treasurer are ordered to make payment as follows: The Clerk shall withdraw the sum of $930.00 out of Escrow placed to the credit of Mueller. et al and i~sue a warrant, on the Right-of-Way Fund in the amount of $1220.00 in favor of the First State,Bank,of port Lavaca, Texas, I for pur9hase of a Cashiers Check in such amount to be paid to Arthur W. Muelle;J, et al and deliver same to D. D. Boyd, Attorney for Arthur W. Mueller, et ale . - - - - - - - - - - - - , I, - --~./-~.-&" 1 - . l ~ r- 335 ~ . I FOURTH SPECIAL JULY TERM 1956 HELD JULY 30, 1956. I THE STATE OF TEXAS I I COUNTY OF CALHOUN 0 BE IT REMEMBERED, that on this the 30th day of July, 1956, there was , , begun and holden at the Courthouse in the City of Port Lavaca, said County and State the Fourth Special July Term of the Commissioners' Court within and for said County and State, same being the Fourth Special July Term 1956 and there were present on this day the following officers of the Court, to-wit: HOWARD G. HARTZOG, County Judge . FRANK E. WEDIG, Commissioner Pro 1 R. F. KEMPER, Commissioner Pro 2 ERNEST H. RADTKE, Commissioner Pro 3 CLARENCE BARTON, Commissioner Pro 4 MAURICE G. WOOD, County Cler~ WHEREUPON, the following orders were made and entered by said Court, to-wit: I ACQUISITION OF PROPERTY FOR COURT HOUSE PURPOSES On this the 30th day of July, 1956, at the Fourth Special July Term . of the Commissioners' Court of Calhoun County, Texas, with all members of the Court being present" there came on to be considered the offer of W. R. Atkinson and wife, to sell and convey to the County of Calhoun, Lots 5 and 6 and the Southeast 1/2 of Lot 4, Block 38, Original Town of Port Lavaca, Calhoun County, Texas, for the sum of $15,900.09 with their agreement t~ give possession in four months and attempt to give possession within three months if their new home is completed within that time. Thereupon on motion made by Clarence Barton, seconded by Frank Kemper and unanimously adopted, it was ordered that such offer be accepted and I that the County Treasurer be authorized to draw on the Permanent Improve- ment Fund a warrant in the sum of $15,900.00 and deposit the same in Escrow in the First State Bank to be paid to W. R. Atkinson and wife, upon I - the presentation of a Warranty De'ed ,conveding to Calhoun County all of Lots 5 and 6, and the Southeas~'l/2 of Lot 4, Block 38, Original Town of Port Lavaca, Texas and that R. A. Barton be authorized to prepare a contract of sale and deeds to perfect the agreement. . ..... ....4 r"336 oo"""llll ~ '~ t:u ~.,. . ROADS - MISCELLANEOUS SOUTHERN PIPE LINE CORP. __ I .. On this the 30th day of Jul~, 1956, at the Fourth Special July- Term of the Commissioners! Court of Calhoun County, Texas, wIth all members of the " Court being present, On motion duly made, seconded and unanimou.sly adopted the Southern Pipe Line Corporation was duly granted an easement to cross County Roads as provided in t~e Easement form below: , I THE STATE OF TEXAS I COUNTY OF CALHOUN 0 WHEREAS, by Order dated the 30th day of July, 1956, duly recorded in Volume J, page 336 of the Minutes of the Commissioners' Court of Calhoun County, Texas, which Order is here referred to and made a part hereof as . if herein copied in full, said Commissioners' Court duly authorized the Honorable Howard G. Hartzog, County Judge of Calhoun County, Texas, to execute in the name of such County, an instrument granting the pipe line easements hereinafter described: NOW, 'THEREFORE, KNOW ALL MEN BY THESE PRESENTS that the said County of Calhoun, Texas, acting herein by and through the said Howard G. Hartzog, 1 County Judge of Calhoun County, Texas, pursuant to the authority of the above referred to Order of the Commissioners' Court of Calhoun County, ,,__, Texas, hereinafter called Grantor, in conformity with the authc,rity and rights given the County to grant such easements and in consideration of,the request of Southern Pipe' Line Corporation, Grantee herein, for same, and the benefits that will accrue to it and the citizens and residents of the County being served by the grantee pipe line, does hereby grant unto Southern Pipe Line, Corporation, P. o. Box 716, Corpus Christi, 'Texas, its successor and . assigns, the rights to lay, construct, maintain, alter, repair, replace, inspect, operate and remove pipe lines f'or the transportation of oil, petroleum or any of its products, gas, water and other SUbstances", together with the right to install, maintain and remove any fittings, meters and similar appurtenances necessary or desirabl~in the operation of said pipe line, along, across and I under the following described land situated in the Count~ of Calhoun, State of Texas, to-wit~ Being on and across all streets and alleys wi'tJii'n-theoIlvia Townsite Subdivision as shown by a plat of said Subdivision file~ for record in Calhoun County, Texas, and recorded in Volume 'M,"page .532, of the Map Records of said County. TO HAVE AND TO HOLD said easement, rights and right of wa~' unto the said I Southern Pipe Line Corporation, its successors and assigns, upon the following ~ terms: . l ...ollIIl 'I I' I I' I ~ -... '-- r ~ I' I ( , subject to the conditions below 1, The easement and rights herein granted/shall remain in full force and effect so long as Grantee, its successors and assigns, shall use the pipe lines laid on and across same for transporting oil and/or gas and their products being produced in that vicinity and with which Grantee I s lines may be connected. 2. Grantee shall stack and burn all timber or brush which may be cut in the 'construction and maintenance of the said pipe line, and shall restore all fencing and surface of said easement to its original state as near as may be practicable' after the layi.ng or maintenance of said pipe line. and shall at grantee's cost and expense, lower and dxtend all pipelines: when required by the court for highway use. 3. Grantee shall f'u:!:'nish Grantor with a plat showing the location of the pipe line or lines constructed hereunder, 04, All pipe lines laid pursuant to the easement and per- mission granted hereunder shall be laid in a good and workmanlike manner, and shall be buried at least twenty-four inches (24") below the surface of the ground: The terms hereof shall extend to and be binding upon the parties hereto, their heirs, legal representatives, successors and assigns, EXECUTED, this 30th day of July , 1956, in duplicate originals, THE COUNTY OF CAli[OUN, TEXAS BY~~~ Howard G, Hartzog, County Judge THE STATE' OF TEXAS I COUNTY OF CALHOUN I BEFORE ME, the undersigned, on this day personalJ,y appeared HOWARD G. HARTzOO, County Judge of Calhoun County, Texas, knovn to me to be the person and officer, whose name is subscribed to the foregoing instrument and acknOWledged to me that' he executed the same for the purposes and considera- tion therein expressed as the act of the said Calhoun County, Texas, and in the capacity therein stated,' , , ,', GIV;EN UNDER MYmND AND SEAL OF OFFICE this 30thmy of 1\\..11'....- .'..,. 1956 ' . ,\ ",. ~ .., " ,<-<S >~',.':,..;"':}~~;;~,::_:' - ' , , , 1\,"'- ,~r ( ,~., '~~:\~~\ ):: \ ';,. ." .-;..". 1/ -.....' . v-' "'~'::,:>,:-:.'::':'::<::..>:: "/"1"" July o<Y~~~r~ N~ PUBLIC, oun ounty" Te s. , 1,..,;' - _. --' - -.-- -...--'--' ::>;" J''?7 ......, \ \ ~..I -~j .... .C' \ \ \ \ \ " 0 I. . \- \ \ , , , \ , \ , .gStP ,?'90_0' ;r ~"';:~'fJ /$r .:;::.I'J..,...~ ~ o , .. ~ o. a.:'. C\ o cP , Q .. ~ " C.cf' (. 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ST " ,e /7 -----$-" /< '. ,'1'1..: i' ~I /31 I I .5 . 100 , , I .. ; ,), ~ , ' " }) BLOC)::: ;: <~j B o o '0 ,,-~. p o " 8 Q. Q o oo'~<tP 0: 0 o . 0' ' o 00 ,=' o ,,!:,r: ,< C'" " 01_ '. ~ & ft- ,_ 0 ):L r? 0'- ~ 0') , 3) g ';:0 < /.-?-Zo 1.41/Z. ~~a ..J~. o lo o ~ " '-~ o , , i ; , '; I.. I I J-- M o ',0 .., /I ?; ~ ~f I .. o ','/ /----- "/// , .....--- , ". . .// '/ .. 5 '" 7 . . /C FI 12 /00 // ~/ ....- ;""" " /, ---- " ..~ i I ! ....... '.v 1tKY181ON. / ~/ , SOUTHERN PIPELINE CORPORATION I ENGINItEIt.INQ ~D.PA"'TMENT ~ \ "1I CORPUS,CHJtISTI. TKXAS ,.( P/~/s.60.Q/~:s. Soo/h,f:r-? e'/Oe i::."';1eCnr~. O//~ ; ;",/~ ....=-.-:e/rl ..."?~< e:f<M"./h.t"f~r#"'-~t S:1~,.Ie..-n .::;,?~ e,r.. t ~eJi?';;/e;,..;;~ 0.''''''''''0' 7~_",.'n..s",Yc:=/C~:?/nc(.lo ' C~~.!/?~,Y~' ~..4r.:s,'- 0 0 "" - - tI " l ....... I lIeALI< I //'z;'4;~ 1/',: ?"b~ , I O.'_U h/."I'C ,_ _ a.-n ~ .~ ". DR.- I" 'eft_ ',/'J'S, I'IL&HO. o P"-49-/- -- . ... "...~~o ,1 , ~ ,i ! "(, SHERIFF - RESIGNATION At a special Term of the Commissioners' Court in and for Calhoun County, Texas held in the regular meeting place of said Court in t he county Cou,rt- , , house in the City of Port Lavaca, on the'}lst day of July, 1956, with County Judge Hartzog presiding and Commissioners Wedig, Radtke and Barton present, and the County Attorney Jack Fields in attendance, there came on for consid- eration the written resignation of Leonard M. Fisher as Sheriff of Calhoun I County, Texas, reading as follows: I ," --- LEONARD M, FISHER ~ SHERIFF - TAX ASSUSOR - COLLECTOR CALHOUN COUNTY DRAWER CC DEPUTY SHERIFFS OFFICE DEPUTIES ", A. .I. WILLIAMS CHIEf' DEPUTY MRS. V. F. GUIDRY MRS. ROSE A. SULLIVAN MRB. LUCILLe: CUELLAR MM. LUCY N. DODDS PHONE JA.4:.4781 KDWIN R. MOORK - PORT LAVACA. TEXAS JUl.\,: 31, 1956 " 'To The Members of Our Calhoun County;, Commissioners Honored Gentlemen: Court , '" ~! i ' , Our' Calhoune'County citi2i'ens indicated ~,day by an ove~helniing' majority of almost two to one, that they no'laDger',want the ,kind of Tax Collection and Law Enforcement that 1" have given you for the past thirteen , years and seven months, and in order to do away willi my type of Law Enforcement, they were willing to forego their right to elect my successor and have turp.ed that right over to our sixteen Count1' and Precinct Demo - cratic Chairmen, ' ,I You know that 1 firmly believe in our Lord and iI], our Democratic form of ,Government. In the 'right of the p~ople to select the man of their choiCe to govern them and in our inalienable right of trial b,y jury of our own citizens, " , '. I also believe and know and have so stated, many times that no ;man can properly and successfully enforce ,the Law, nor sh01.lld. attempt to do so, if he' does not have at least a ;majority of his people solidly line,~'Wbebind him, F'or the past thirteen years, and seven'months I have had that majority ,ve,ry solidly behind me, and'l am honored and humbled by'that fact, and when it became necessary, in line of duty, 'and in slllf defense, for'me to kill a man, (a ff&rmer air corp's captian, who had beaten',up and burned his wife to death, ami while ,out on Bond had raped two i.nnocent girls at;Ld was being held by'us for an attempted,rape on another), 'for which I was hied for murder with malice, (The most serious :offense that a man can be charged with) both our Judges and'my Jury ba cke,d me to a man, and by a unanimous vote of the Jury'! was found not guilty.- I I do not have that backing today, (The Pen is Mightier than the Sword) and our voters have ~ndicated by this two to,on~ ~j()rity vote, that they no longer want the type of Tax Collection and Law E:nforcement that niy Dep1,1ties and I, have worked so hard to give them,,;' , I find myself in the ,rather precarious predicamimt of trying ~o enforce the Law, knowing that should I again, in line of duty, be forcedto kill a ' second ,man, I can reasonably expect to betJ'ied by a Jury, two thirds of whose members, voted against me, in' an effort to;~how methat they do not " ' I . .. ~ . TI I I' I il , " I I ''">-- I~ " ~~/ ;'l approve of the manner in which I am enforcing the Law, And that they do not want the Law enforced, as I have heretofore, done, You Commissioners know that gambling, dope peddling and the other forms . of vice that go with it are well established .n our Gulf Coast Counties, You also know that the citizens of our County by a majority vote have possibly with- out intending to do so given their approval for these gamblers and other Law violators to move in and operate in our County. These men know from past experience that our Juries "(ill probably respect the wishes of the majority and will prosecute them very seldom, if at all. You know that they will begin moving in on us immediately, for they know that my hands are~, And you 'also know that there will be trouble between them an myself if I am your Sheriff, when this influx begins, I do not believe it is right to enforce the law on one type of offender and stand idly by or turn my head on another type of law violator. My mother and Dad taught me this sort of thing was wrong and I can not be your Sheriff without enforcing the Law" because I took your oath of office and swore to enforce all~of your laws, without fear or favor, and I have most certainly done so. Under these circumstances and for these reasons, and still firmly believing I am right in my interpretation of our Laws and their enforcement and in order to keep my own self respect and the respect and love of my fine family and many staunch and loyal friends (who supported me in Saturdays election even in the face oj such'well financed and well organized and, determined opposition), I therefore hereby :r:espectfully tender you my resignation as your Sheriff, Tax Asses'sor and Collector, ,affective to-day - July 31 - 1956 at 12:00 P. M. Midnight, ii , L.i:nps,t,alsoilr.eque'sJ;tha:ti you give me a final audit of my books, collections and accounts immediately and as of the above date. Under the above outlined circumstances, I feel 'that your Commissioners Court would not follow any recommendation made by me and I am offering none, The responsibility,of appointing my ,successor and the successor's of my Deputies is left completely and entirely in your hands, and the hand,S of our Democratic Committee Chairmen, which is as it should be, because the voters so ordered it, ~y'your choice be well considered and well taken, I have enjoyed the :tes'ponsibility and honor of serving my friends in Calhoun County as a Public officer for thirty of the past thirty two years, but have found it rather expensive of my time and 'money, :and certainly a very severe and ' trying burden on my family. I therefore bow to the wishes of the majority and place the responsibility for the continued operation of our Sheriff, Tax Assessor and Collectors office completely in their hands, ~umbly and respectfully submitted, Your Sheriff, Tax Assessor and COllecto~ 7~ Leonard M, Fisher LMF/ml ~ r-...;V2.. And came Sheriff FIsher in person and requested that his resignation be accepted. Conferences were held by telephone 'with the State' Comptroller (Will I~' Brown), The Attorney Generals Department (Mr. Davis of ,the County Affairs Desk) and James F. Houlihan, county Auditor, as to procedure in such c~se. county Attorney Jack Fields advised that under the law as advised by the Attorney Generals Department, the acceptance of the Sheriff's resigna- tion was mandatory. ,That Article 6252-1 provided ttl8:t the power and duties ~._------- of such office automatically devolved upon the Chief Deputy uhtil a successor was appointed and qualified. Oscar Cavallin, Chief Deputy agreed to yield to the request of the Commissioners' Court to accept the responsibility until Frank Kemper 'returned from Marble Falls ' and a meeting of the full membership of the I Court could be present for the solution of a successor, provided that a proper bond for his protection is filed. On motion duly made, seconded a.p.d unanimously ca~'ried, Chief Deputy Oscar Cavallin was vested wi,th the responsitiilitles of the SherIffl s Office as provided by Article 6252-l,and the deputation of all employees of the Sheriff _ Tax Assessor-Collectors Dep?rtment were ordl~red continued and approved. and that Marsh Canion of: Moore and Canion' Insurance Agency be requested to write the hondsof Oscar Cavalllnas Acting '.;Jheriff. I - .- - - - - - - - , " SHER~FF - OSCAR CAVALLIN - BOND AND OATH On this' the 31st day of Juiy, 19.56, at a Special July 'Term of the' , Commissioners' Court of Callioun'C6unty, Texas, held in the regular meeting place of said Court in the county Courthouse in the City of port Lavaca, with Judge Hartzog presiding and Commissioners Wedig" Radtke and Barton present, and the County Attorney Jack Fields in attendance, there came on for consideration the hond and oath of Osc&r M. 'cavallin, appointed Sheriff of Calhoun County, Texas. On motion duly made, seconded and unanimously carried the Official Bond of Oscar M. Cavallin, appointed Sheriff of Calhoun County, Texas, written by' Hartford Accident &: Indemnity Companl Inthe sum of Five Thou- sand and No/IOO Dollars and the Oath of Office i~ ordered approved and I filed for record. ,~- ~-=", - - - - - - - - - - - - - - I l I i j , t. '>'--"'o;'I;""!'~'-'{~0t~7'~ C>~,,_ .~ .- -.~:;>;-:- -- ~,,-sI ~ .., I SHERIFF - BEN M. THOMAS ' APPOINTED SUCCESSOR TO LEONARD M. FISHER I At a special Term of the Commissioners' Court In and for Calhoun County, Texas, held in the' regular meetIng place of said Court in the County Court- house in the City of Port Lavaca, on the 2nd day of August, 1956, with county Judge Hartzog presiding and Commissioners Wedig, Kemper, Radtke and Barton present, and the county Attorney Jack Fields, County Clerk Maurice G. Wood and County Auditor James F. Houlihan in attendance, there came on for consideration the appointment of successor to Leonard M. Fisher, Sheriff, Tax Assessor-Collector of Calhoun County, Texas. On motion made by Ernest H.' Radtke, seconded by Clarence Barton and unanimously adopted, Ben M. Thomas of Point comfort, Calhoun County, Texas, was duly appointed as Sheriff, Tax Assessor-Collector of Calhoun County, I - Texas, to serve the ,unexpired term of Leonard M. Fisher, who resigned as of 12 o'clock p.m., July 31st, 1956, conditioned upon making of Bond in the <, sum of $5,000000 as Sheriff and the sum of not less than ten percent of the 1955 County Tax Collection as Tax Assessor-Collector and the execution of the Oath of Office. - - - - - - - - I SHERIFF - OATH AND BOND APPROVED On this ,the 2nd day of August, 1956, at a special Term of t~e Commis- sioners' Court of Calhoun County, Texas, with all 'members of the Court being present, on motion duly made, seconded and UDAPimously carri~d the Official Bond of Ben M. Thomas, Sheriff of Calhoun cOUnty:~',Texas, written by Hartford Accident & Indemnity Company in the sum of Five Thousand and Ho/lOa Dollars and the Oath of Office is ordered approved and filed for \ \ record. - - - - - - - - - - - SHERIFF - COMMENDATION OF OSCAR M. CAVALLIN On this the 2nd day of August, 1956, at a Special Term of the Commis- I sioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion made by Clarence Barton, seconded by 'Frank Wedig, the resolution of commendation to Chief Deputy Sheriff Oscar M. cavallin was unanimously adopted as follows: BE IT RESOLVED by the Commissioners' Court of Calhoun County in body assembled this the 2nd day of August, 1956, that we express the appreciation of this Court for the able ,services and cooperation of Chief Deputy Oscar Cavallin in serving as Sheriff of Calhoun County in the inter~ occasioned by the resignation of Sheriff Leonard M. Fisher, until the appointment of I Ben M. Thomas as Sheriff for the unexpired term. ~ ~ r- ...g.v .y !\ ,0 r i__,~-,--'''- J," -0'- - - - - - - _----::.-_------- - ' -~\. '~--/~ - ,-- ...., , " BE IT FURTHER RESOLVED that the CommissIoners' Court desires to express its confidence in Oscar Cavallin'and hereby assures him of recommendations when he may request them. o I ------- TAX ASSESSOR - COLLECTOR BOND AND OATH On this the 2nd day of August, 1956, at a Special Term of the Commis- . ,sioners' Court of Calhoun County, Texas, with all members of the Court being present, there came on for consideration the Bond and Oath of Ben M. Thomas Tax Assessor and Collector of Calhoun County, Texas. On motion duly made, I seconded and unanimously carried, the Bond written by Hartford Accident & Indemnity Company in the sum of $29,150.47 ~or the County's part and in the sum of $14,829.19 for the States part and theOath'of Office is hereby approved and filed for record. - - - - - - - - - - - - SHERIFF, TAX ASSESSOR*COLLECTOR' -DEPuTATIONS On this the 2nd day of August, 1956, at a Special Term of the Commis- sioners' Court of Calhoun County, Texas, with all members of the Court being present, all the deputies of Leonard M.,..Fishel;: appeared before the Court on request of Ben M. Thomas, Sheriff, Tax Ass'~seor-Collector and on :motion duly made, seconded and unanimously carril9d, the following deputations were approved and filed for record; 'Oscar M.Cavallin, B. D. Rutherford, R. E. ~yers, C. M. Hillyard, Catherine B. Guidry, Jdell H. Harvey, Ruby AdCOCk, Rose A. SUllivan, Lucille Cuellar and Imogene M. Paul. I - - - - - - - - - - ,1 I I " - l , , JI'" ""'Il ,345 -.- --~ . FIRST SPECIAL AUGUST TERM HELD AUGUST 7, 1956 I COUNTY OF CALHOUN ~ ~ ~ THE STATE OF TEXAS BE IT REMEMBERED, that on this the 7th day of August, 1956, there was be- I gun and holden at the Court house in the City of Port La~aca, said County and State a Special Term of the Commissioners' Court within and for said County r - and State, same being the First Special August Term 1956, and there were pre- sent on this date the following officers of the Court, to-wit: . HOWARD G. HARTZOG, COUNTY JUDGE FRANK E. WEDIG, COMMISSIONER Pro 1 ERNEST H. RADTKE, COMMISSIONER Pro 3 MAURICE G. WOOD, COUNTY CLERK CLARENCE BARTON, COMMISSIONER PRo 4 WHEREUPON the following orders were made and entered by said Court, to-wit: - - - -- - - - - - - - 'I ACQUISITION OF ATKINSON ~ERTY FOR COURT HOUSE On this the 7th day of August, 1956, at a Special Term of the Commis- sioners' ~ourt of Calhoun County, Texas, with the aforesaId members of the Court being present, on motion duly made, seconded and unanimously carried it was ordered that the offer of the Thomas heirs to release their lien on the Atkinson property be accepted and that they be paid five (5) percent interest on the balance due out of the p, I. Fund. SHERIFF - DEPUTY COMPENSATION On this the 7th day of August, 1956, at a Special Term of the COmmis- . sioners' Court of C~lhoun County, Texas, with the aforesaid members of the Court being present, on request of Sheriff Ben M. Thomas salary adjustments for deputies is as follows: O~ motion duly made, seconded and unanimously 'I carried, it was ordered that the salaries of the two lowest paid Sheriff deputies be increased by $50.00 each a month retroactive to ~ugust 1st, 1956, and the Sheriff be authorized to discontinue the $75.00 part time deputy and employ a temproary Spanish Speaking Deputy at the same rate. -------- TAX ASSESSOR & COLLECTORS REPORT FOR JULY APPROVED FINAL AUDIT APPROVED I , , On this the 8th day of August, 1956, at a Special Term of the Commis- . ' sioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion duly made, seconded and unanimously carried, after hav1ng considered the balances compared in the various accounts and finding same to be correct the Tax Assessor & Collectors Report for July 1956 is hereby , . approved. And upon further consideration the CommissionerB' Court approved the Audit Report of Leonard M. Fisher ending July 31, 1956. - - - - - - - - - - ~ ..... "'-346 - 00'" ~ ~ 1:0 ,b>~ . REGULAR AUGUST TERM 1956 HELD AUGUST 1956 I, THE STATE OF TEXAS I I COUNTY OF CALHOUN ' I , BE IT REMEMBERED, that on this the 13th day of ,August, ,1956, there"was begun and holden at the Courthouse in the City of Port Lavaca, said County and State the Regu1a~ AUg~ Term of the Commis;ioners"Court within 'and tor said County and state, same being the Reg~lar,August Term 1956 and there were present on, this day the following officers of the Court, to-wit: I: HOWARD G. HARTZOG, COUNTY JUDGE FRANK E. WEDIG, COMMISSIONER Pl'. 1 R. F. KEMPER, COMMISSIONER PRo 2 MAURICE G. WOOD, COUNTY CLERK ERNEST H. RADTKE, COMMISSIONER PRo 3 CLARENCE BARTON, COMMISSIONER PRo 4 . , WHEREUPON, the following orders were made and entered'by sil.id' Court, to-wit: y TREASURER'S REPORT FOR JULY APPROVED On this the 13th day of August, 1956, at a Regular Term of the Commis- sioners' Court of Cafhoun County, Texas, with all members of the Court being present, Miss Mary Stephens, County Treasurer, presented her report for the mont~ of July 1956, and it having been read in open Court and the Court having duly considered the same together with the 'exhibits accompanyin.g same, and having the balances compared in the various accounts and, finding said report to be correct, on motion duly made, seconded'and unantmously carried the County, Treasurer's Report for the month of July 1956, 'be and' the same "is hereby approved. I: - - - - - - - - - - - -~ PAUPER - MRS. MATTIE-FOSSET On this the 13th day of August, 1956, at a Regular Term of the Commis- sioners' Court of Calhoun County, Texas, with 'all members of the Cou~t beirig . , present, the family of Mrs; Mattie Fosset duly requested aid to maintain this indigent person in the Twin Pine Rest Home at Victoria to suppliment her Rail- road Pension in the amount of $50.00"per month. On motion duly made by Clarence Barton, seconded by Frank Kemper and adopted unanimously by the Court, the sum of $50.00 per month was authortzed by the County for the support of Mattie I: Fosset an indigent. - - - - - --- - - - - - - - EQUIPMENT - PRECINCT 'NO. 3 - NOTICE TO BIDDERS , on this the 13th day of August, 1956~ '~ta Regula~ Term (~ the Commis- sion~rs' court of Calhoun County', Texas, with all members of 1;he Court being Present, whereupon it was moved by',:E;rnest H. Radtke, seconded by Frank Wedig It , . l r- 347 ~ . 'I and unanimously carried, it was ordered that bids be received be the Court and that advertisement in two issues or the Port Lavaca Wave be given as ro11ows: NOTICE TO BIDDERS 'I Sealed bids properly marked will be received by the commissioners' Court or Calhoun County, Texas, until 10 a.m., August 27th, 1956, the~ publicly opened and read in the regular meeting place in the County court-' , ' house in the City or Port Lavaca ror the following equipment: One (1) nine wheel pneumatic roller. For specirications see Ernest H. Radtke, Commissioner Pro 3, Point Comrort, Texas. A certIfied or cashiers' check on a Texas bank payable to Calhoun . , County ror five per cent of each bid must accompany each bid, to be for- feited by the successrul bidder in the event of failure to complete con- tract~by delivery of the equipment. The Commissioners' Court reserves the right to waive rormalities, . . to accept any bid deemed most advantageous to the County and the right to reject any and all bids. ~I ",- Howard ~ :' County G. Hartzog Judge, Calhoun County, T e x,a s " , VICTORIA - PORT IA VACA HIGHWAY IMPROVEMENT On this the 14th day of August, 1956, at a Regular Term of the Com- missioners' Court of Calhoun County, Texas, with all members of the Court being present, Mr. Albert York of Victoria appeared before the Commis- sioners' Court representing the Chamber or Commerce of Victoria and dis- cussed the needs of a four lane express way between Victoria and Port . Lavaca stating that the Port development on Lavaca Bay is not adequately served by the existing highway to the north. Thereupon on motion made by Frank Kemper, seconded by Clarence Barton, it was unanimously ordered that the Commissioners' Court or "I Calhoun County join the Commissioners' Court of VictorIa County in a request to the State Highway Department that a survey be made for the right of way for an express highway between Port Lavaca and Victoria to be constructed by the State in cooperation with the Counties. I SHERIFF- DEPUTY I On this the 14th day of August, 1956, at a Regular Term of the Com- . missioners' Court of Calhoun County, Texas, with all members of the Court , . being present, Sheriff Ben M. Thomas reported that Deputy Sheriff Bernie . r .....- " .... "'-348 , ., 00 ~ ~ t::a ~ / . Rutherford handed in his resignation, and he requested that the county Clerk and Treasurer be notified that Deputy Kilgore would be advanced. from present status of $75.00 per month to $250.00 per month. On motion made by Clarence Barton, seconded by Frank Wedig, the change was unanimously authorized. I: ATKINSON PROPERTY PURCHASE FOR COURTHOUSE PURPOSES . On this the 14th day of August, 1956, at a Regular Term of the Commis- sioners' court of Calhoun County, Texas, with all members of the Court being I" present, on motion duly made, seconded and unanimously carried" it was order- t ed that in the closure of the purchase of the Atkinson property, Lots 5 and 6 and southeast 1/2 of Lot 4, Block 38, Original Town of Port Lavaca, per order t on page 335, Volume J and per order page 345, Volume J, that the following amended--,procedure be adopted: 1'hat in addition to the warrant in the amount of $15,900.00 previously authorized to be issued and deposited in escrow in the . First State Bank of Port Lavaca for payment to W. R. Atkinson as the agreed purChase price, that an additional warrant be likewise issued and placed in escrow in the First State Bank of Port Lavaca, Texas, in the a.mount of' $323.50 representing the interest payment required by the Thomas Estate Heirs before releasing their mortgage liens, and that the First Stat.e Bank be I: authorized and instructed upon receipt of said Warrant,y Deed and Release of' Lien to payout of such Escrow deposits, the sum of $323.50' to the heirs 'l t' of the Thomas Estate, the same being Mrs. Johnnie Hargrove and that out of , the balance, that an additional sum in the amount of $ " JohnnIe Hargrove in the same bank check and the balance remainIng be paid to W. R. Atkinson. t - - - - - - - - - - - - . BUDGET HEARING SET At the regular term of the Commissione'rs' Court in :'and for Calhoun county, , ' Texas, held in the regular meeting place of said Court in the County Courthouse in the City of Port Lavaca, Texas, on the 13th day of August, 1956~ with County Judge Hartzog presiding, and Commissioners Wedig, Kemper, Radtke and Barton present, and the County Clerk in attendance, there having come on for hearing I' - the matter of the public budget hearing, it was If,loved by COlllmissioner Wedig . , , that the County Judge be, and he is hereby, authorized and directed to publish in a newspaper of countywide circulation notice of' the public hearing on the Ca]houn County, Texas, budget for the calendar year 1957 to be held at 2:00 p.m. on the 31st day of' August, 1956. I , , Motion seconded by Commissioner Barton. ~uestion. Motion carried. It - is so ordered. , - - - - - - - - - - - - . l r ,- ...,.: ~ ----- , '~-,,, -- ~:--~!~ l':~, i-.:....?'~ ;...' 'i:--:;J#. 349""'1 .~-~ r~";-~ _ ... . '.1 EASEMENT UNDER AND ACROSS PUBLIC ROADS TEXAS EASTERN TRANSMISSION CORPORATION BE IT REMEMBERED THAT on this the 13th day of August, A.D. 1956, came "1- on to be heard and considered by the Commissioners' Court at this the Regular August Term, with all members of the Court being present, for an easement and right-of-way to construct, reconstruct, repair, maintain and operate a gas pipe line under, through and across certain public streets of Cal- houn County, Texas, described in said plat hereto attached at points to be selected by Texas Eastern Transmission Corporation within the limits described in said plat Whereupon the Court, being in regular session, pro- ceeded to consider said application and to hear evidence in support thereof. No objection was made to said application and no protest was made against . the granting thereof and the Court having duly considered the same and its merits and the evidence in support thereof is of the opinion and finds that said application should be granted, and that Howard ,G . Hartzog, County Judge of Calhoun county, and the presiding officer of this Court should be duly authorized by order and judgment of this Court to execute and deliver to the said Texas Eastern Transmission Corporation the easement and right- .1 of-way described in said plat attached. IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED by the Court that Texas Eastern Transmission Corporation is hereby granted authority for itself, its successors and assigns to construct, reconstruct, repair, maintain and operate a gas pipe line under, through and across the following des- cribed land in the plat hereto attached. Provided, however, that the grant of this easement and right-of-way is made, and the instrument hereinafter provided for is to be executed, . on the condition that such pipe line is to be constructed so as not to impair traffic or the maintenance of said public street and that following the lay- ing of such pipe line that such street will be promptly restored to its former condition of usefulness. Applicant further agrees that If said street is widened or the location of said street changed that said applicant will at I~ its own expense lower the said pipe line to meet the requirements of the Commissioners' Court of Calhoun County, Texas. It is further ORDERED, ADJUDGED, AND DECREED by the Court that Howard '-"', . ' G. Hartzog, County Judge of Calhoun County, Texas, shall, and is hereby directed, on behalf of this Court to execute and deliver to Texas Eastern Transmission Corporation an" easement and right-Of-way in recordable form showing the grant by this Court of said easement and right-of-way for the purposes and only the purposes above mentioned and subject to the conditions above set forth. On motion made by Frank Wedig and seconded by Clarence Barton, the above . order was unanimously adopted. - - - - - - - - - - - - - - - ..... - ..... r"350 ,-' '''',-A. ~')~ -'""" .' .:!"~~.......... oJ' .;-.,. ~"'" .' ,~ .;0...,. " , , , , ~ ""a,. >:~ ..~~'!''"-<;j'. 1-' ...~\lP ,'~-Cf-' , . t 350 . ""l1lI 00 '"""" ""....~~ ~1 t:;.::J ,.1..,-, . .' -" 'I 'I," I : , , . 'I""" , , .~~; .' .~:..,"" 'I'" , " '4 . =--~ ~" ~. . I L ...... I 1 I I " .. .~ . I, 1 i.- , ---------- . / ..... . ~~ ,., THE STATE OF TEXAS COUNTY OF CALHOUN ) ) ) KNOW ALL' MEN BY THESE PRESENTS: THIS AGREEMENT, made and entered into by and between the State , HIghway Department of the State of Texas, hereinafter called "Department", and the County of Calhoun, state of Texas, hereinafter called lICounty", and MIssourI Pacific Railroad Company, hereinafter called "Railroad"; !i I 1'. N !'d ~ s !'d 1'. H: It is desired by the parties hereto to further the construction of Farm to Market Highway No. 2235 over certain lands near Long Mott, in Calhoun County, Texas. NOW, THEREFORE, the parties hereto' have agreed and do agree hereby with each other as follows: 1. That Railroad, for and in consideration of the sum of One Dollar ($1.00) and other valuable considerations, the receIpt whereof is hereby acknowledged and confessed, has given, and by these presents does give, unto Department, an administrative body of the state of Texas, its success~rs and assigns, license and permission to establish and construct, maintain and use, a publIc highway, at grade, over, along, upon, and across all that certain tract or parcel of land situated in the county of Calhoun, state of Texas, being a part of Railroad's right of way at or near Long Mott, Calhoun County, Texas, and being more particularly described as follows by metes and bounds, to-wit: Beginning at the point of intersection of Railroad's Westerly property line with the Northerly line of proposed F. M. Highwal No. 2235, this point being approximately 2,158 feet Northerly from Railroad's Mile Post No. 14 near Long Mott, Calhoun County, Texas, as measured along said Westerly property 'line; Thence Eastwardly, along the Northerly line of proposed highway, a distance of 200.4 feet to a point in Railroad's Easterly property line; Thence Southwardly, along said Easterly property lIne, a distance of 100.2 feet to a point in the Southerly Line of proposed highway; Thence Westwardly, along the Southerly line of proposed highway, a distance of 200.4 feet to a point in Railroad's Westerly property line; Thence Northwardly, along said Westerly property line, a distance of 100.2 feet to the point of beginning; Containing 0.46 acres, more or less. -1- -::-- %1 '... " i' i. I 11 , ~ " .::l - ~~J.- '-- l..... ~ - - .-----..::=:-~~~~. =---~-- ..-..----- --~ --_.;.~~ J 2. The ~partment herein, its successors and assigns, sha.l.l bear All expense incident to establishing and maintaining the highway over the said right of way, including all expense of grading, drainage, ~rainage structures~ and paving, except that Railroad "hall pay the cost ot constructing SDd maintaining that part of the cros!3ing between the rails and over the ties to the extent ot the width of the crown of the highway embankment. 3. It is expressly stipulated, however, that this license ~ permission is granted, solely, for the purposes above set out and if the Department, its successors or assigns, shall cease to use the above-described premises, or ,any part thereof, for said purposes, this license and permission, as to the portion or portions so abandoned, shall expire and terminate at the time each portion, if any, shall be so abandonee; whereupon Railroad, its successors and assigns, !lhall have tbe' same complete title to the land e.s though ,these presents had never heen executed and ,shall have the right to re~ enter thereon and to exclude therefrom Department, its successors and assigns. 4. It is expressly agreed 'that no legal 'right of Railroad to maintain, use, and relocate the 'railroad track'now'iocated across the licensed premises, and to construct and thereafter maintain,'use, aOd relocate any additional track or tracks 'or other facilities as Railroad may desire, ac~oss said highway at said intersection, shall'be in anywise affected by the granting of this license. , ' 5. The County shall bear all expense fncident', tG t.he raising, I _'!... removing and relocating of any telegraph ana signal lines.' The County expressly stipulates and agrees to reimburse Railroad for &ny and all sums expended therefor, IN TESTIMONY WHEREOF, the undersigned have caused these presents to be executed this 1956:, day of STATE HIGBWAY IEPARTMF.1lT By -2- ~~ ~,? -. _ _ _ _"r---.P ---- ~ ~ / I , , I -.-----.-- . -.'/ I .-.'\ I I. ( -.<- ":- ~:..,,:.,~ .....,: ~ \ ~ ~ : ';;' _ ':\' C" L .'n, .1 .~ ,,\)" .- .... --":1' ,~. .:- r'-J .... .... r. 'II .,", !a:;~f!y:/!..~m ''It, -'" ' .; /~ "v .-_. i:.~~/I, :.'~;~"'" .',< ..'~-; ~~.., < (.~~:~~.~:; '\lf~..ll ',;, ...... iJ~i;J.r -.-'.. ' " .,';~ 1r.;l,' I!. <1," '" '~ ,,:!.~'i' ......-. . ',~ .....-- . \. -' ,....'"'..'.t.-_'\\~_.. .... :.... "l:.i.::.~.,I;f.::' . .Jt-.J;; '_ t -";-'~;-.:'J.~~"'!Jf "~#'- I I A'l'l!lST: I ~I "I "'- '.i;;; 1 Secretary Texas MI880IlRI PACIFIC ~OAD C<JCPQY By THB STATE OF TEXAS Certified as being executed for the purpose and effect of activating ana/or, carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway Comm1ssiac Executed as State H1ghway Ji:D&intHlr and approved far State Highway C~"'101l RECOM!eNl2D FOR APPROVAL: ~a:' Di tric g~:; " ~-- -- Engtneer Land Service Roads APPROVED AS TO FORM: Assistant Attorney General -3- " ;j.S3 ~ , '~":' - -,,-' o:c - ,~ ~.~~~ At a Regular meeting of the COllIIIl1l1sionera CoU!'t of I Calhoun County, Texas, held on the 13th day of AU~8t 1956, upon motion of Commissioner Barton , llIIlde in open court, seconded by Commissioner Wedig ....I and unanl_lI17 I carried, it is ordered by the Court that Roward G. H"''rt~~q County JUdge, be authorized and empowered to execute for the County, an agreement with the State Highway Department and the State of Texas, 'per~In1Dg to the construction and maintenance of a public ~oad on a ceTtain portion of the property of bUssouri Pacific Railroad Company at 01' near Long Mott, Calhoun County, Texas, as per copy of foregoing agreement. COUNTY OFCALROON ) ~ TIlE STATE OF TEXAS I, Maurice G. Wood , Clerk of the County Court and Ex Officio Clerk of the Commissioners Court of Calhoun County, Texas, do hereby I certify that the above and foregoing is a true and ccrre~t copy of an order , of the Commissioners Court, as had and entered of record ~t tbe Au.ll:uat 13jg, 1956, meeting of the Commissioners Court, grantiD8 to the county Juage of said County authority to execute an a.greement. with the Stat.e Highway DepartlllllDt 'of the State of Texas and the State of Texas, pertaining to the constructiOll and maintenance of a public road on a certain portion of the property of Missouri Pacific Railroad Company at or near Long Mott, Calhoun County, Texas, as the same appears on file in this office. TO Cl!:RTIFY WHICH, witness my hand and seal of the 681d Court at Ifl3 office in Port Lavaca, Calhoun County, Texas, on this 14th day of August 1956. .,~t.:.:':;'::';'-':"~~'-1.. . :'~,l~.J,:..,...._..~"\..._'\....\\\. '. <:7..~~" CA "1\ <'; "''l,. - -~ l I;" '". _'/,,"_- 'Ij\' v'.', . ,-"" . ....~ \} .' . .... .... /,/ I ~'. :'..1"_- <:'J .0.' ..... J - - " ;" '. C', " ," -, ,- VJ, .. \ . ....... I , ... c,::," .. \ . .. t.:. I' ~ t.v ..' I '. ..- ,. ii' : ::: ':-'-', J--' :. ~ ~:i ... <:::>. ", "\. .../ .. /,. ~ if): ',..........._/.,; /~. ". ~ : ! I '\. /~ : r:' :~( ~. " ./. .. i /~ '. .- I ,"'/' '.\.,. I ~. ..... .. ~:"""P I ,..". ,/ ..' .' .:. ';:'., " c..) ". .' ...... ''1 -ii, " ;:1'.....,............ ,_."" -=-~w.. . I '''\..'\:~ ....~I -..... ! I ~rt * "Ie .. :,....' ":'~..I~I!" -- ,! \ \ "'. . ..........."":'...~;.'" ~ ". ''.'.\.:'''''':''''':?;:~S/-.(,- . ~. - i~ : .;.; ~d//~", ff~l.l C1e of the County COIIl't. llIId Ex Officio Clerk of the C~.sIODers CoU!'t of Calhoun County, ''l'aaa 1'1 I' . , ...- " " I Certitied Copy or Excerpt t"rCIII ay-IAV8 or Missouri Paciric Ra11.rood CCII\P&llY. ARTIClE VII I 'Corporate, Instruments ****** 'SECTIOl'i 2. Other Instruments. An:y deedJ mortgage, bond, contract, pO\fer of attorney, proxy or other'instrument llIl.y be executed oIi behalf of the CCIl\P8DiY by 8DY person, vhether an officer of the C~ qr not, spec1alJ.y thereunto authorbedJ either by general resolution of the board 01' directors, or under the lIUthOrity 01' .. resolution authorizing the particular act. In all cases, the due execution 01' any such infltrument on behalf of the Ccmpany shall be suf't'iciently evidenced it executed in its name by its president or one of its vice presidents, v:l.th the corporate seal affixed and attested by its secretary or an assistant secretary. STATE OF MISSOORI ) . Crl'!' OF ST. IroIS ) ss I I, C. A. Rockwell, do hereby certify that I am Secretary at Missouri Pacific Railroad Company, and as such officer have charge of the corporate records 01' said ComplIlly; that the above is a true and correct excerpt t"ran the By-Laws or Missouri Pacific Railrood Company. IN WITNESS \It<~, I have hereunto set II\Y haIld and caused. to be affixed the corporate seal of the Missouri Pacific Railrood CITlJP'l'\Y thi!l 2nd day of A,prUJ 1956. :N\S~~~M'Q~ ,.:.."1>/',._.....-..: 4:..: ~~ ,.v.. ',",I'" ". C! i<:a i (;0 It# Oil A,'t.\~ \00 i':t~ I..: "" .... ~ ..--.~. . ~ "".~ . : :It. ~.~ "..'""l1lI; ,.... .:..~:;.-~ , ' ..1.,9~'Jl.:r..l ~ " <. -". '.... ..... S --";', " - '. :.;........ ~ :- " l4,1;!;~'(J~'Y \'\",,,,~ om()CA~ Secretary. CXhibif "0" I I / d ;;-~ ~ ..., ,35S .... ,~ ~~\p I; l. < ~ II I' I: i! /: i; " ,I I! Ii , EX PARTE: I I I I I I I I IN THE COMMISSIONERS COURT APPLI~ATION OF LAVACA PIPE LINE COMPANY FOR EASEMENT UNDER AND A CROSS PUBLIC STREET OF CALHOUN COUNTY, TEXAS I TO SAID HONORABLE COURT AND THE MEMBERS THEREOF: NOW COMES LAVACA PIPE LINE COMPANY, a private corporation duly incorporated and doing business under the laws of the State of Texas, and presents this its application to this Honorable Court for authority for itself, its successors and assigns, to construct, reconstruct, repair, maintain, and operate a gas pipe line under, through, and across the following described land in the Townsite of Olivia in the William Arnold League in Calhoun County, Texas: Along ~ourth Street in the Townsite of Olivia between "D" Street and State Highway No. 172; Beginning at a point in an existing eight (8) inch pipe line owned by Lavaca Pipe Line, Company where I i II II 1 I '! il I 1', Ii said pipe line orosses the intersection, of Fourth Street and "D" Street; saId point bears North 88 deg. 49 min. 46 sec. East a distanoe of 60 feet; Thenoe South 01 deg. 10 min. 44 sec. East a distanoe of 10 feet from a monument marking the Southeast corner of Block No. 34 in the Townsite of Olivia, Calhoun County, Texas, to the Point of Beginning; Thence South 88 deg. 49 min. 46 Sec. East being 10 feet from and parallel to the South line of ~lock "A", a distanoe of 283.6 feet from Station 0 f 00 to Station 2 f 83.6, saId point being in the West right of way line of State Highway No. 172. Length of Pipe line being 283.6 feet or 17.19 rods. I I ~ L J ,," """l as? I ~ I Applioant'represents to the court in support of its application that due care will be exercised in the construction of said pipe line so that it will not impede traff~c or the maIntenance of said street, and that such street will be promptly restored to its former conditIon of usefulness, and applicant further agrees that if said street is widened or the location of said street ohanged, that said applioant will at its own ,expense lower the saId pipe line to meet the requirements of the Commissioners Court of Calhoun County, Texas. WHEREFORE, premises considered, applioant prays and petitions this Honorable Court to grant to applioant the right to construct, reconstruct, repair, maintain and operate a gas pipe line under. through and aoross the publio street hereinabove designated and desoribed and that this Honorable Court make its order and cause I the same to be entered in the minutes of this court approving the application and authorizing the exeoution and delivery of a sui table easement and right-or-way grant from and on behalf of Calhoun County and this Honorable Court to applioant, securing to applioant in reoordable form the easement and right-of-way and the rights and privileges here now prayed for. Applioant further peti tions this court to make and enter such other and further ox'ders and to execute and del:l,ver Ellich othe>r and further grant,s in behalf of applioatio,a. as to the said ccurt ma~T seem propel'o LAVACA PIPE LINE COMPANY I By /f-p~~~ I j::Z (,)1 /~>,.' /" -" ,.... ~5~ " I EX PARTE: I I APPLICATION OF LAVACA PIPE I I LINE COMPANY FOR EASEMENT I I UNDER AND A CROSS PUBLIC STREET I IN THE COMMISSIONERS COURT OF I CALHOUN COUNTY, TEXAS ~ BE IT REMEMBERED THAT on this the 13 day of August, A.D. 1956, came on to be heard and considered by the Commissioners Court theapplioation on this day filed with the Clerk of this ~ oourt by LAVACA PIPE LINE COMPANY for an easement and right-of-way to construct, reconstruct, repair, maintain and operate a gas pipe line under, through and aoross oertain pUblic streets of Calhoun 'County, Texas, desoribed in said application at points to be selected by LAVACA PIPE LINE COMPANY within the limits described in said applioation whereupon the Court. being in regular session, proceeded to consider said application and to hear evidence in support thereof. No objection was made to said application and no protest was made agaInst the granting thereof and the COUl't having duly considered the same and its merits and the evidence in support thereof is of the opinion and finds that id application should be~ granted, and that Howard G. Hartzog, Co ty Judge of Calhoun Count.cy, and the presidIng officer of thi COUl't should be dttly authorized by order and judgment of this Curt; to execute and / deliver to the said LAVACA PIPE LINE COMPANY the easement and right-of-way described in said application. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that LAVACA PIPE LINE COMPANY is hereby granted authority for I itself, its suocessors and assigns to oonstruct, reconstruct, re- I pair, maintain and operate a gas pipe line under, through and aoross the following desoribed land in the Olivia Townsite in the William Arnold League in Calhoun County, Texas: Along l"ourth Street in the Townsite of Olivia between "D" Street and State Highway No. 172; I " \ \ , .... , , ff I l ""'I .5s; I I BegInning at a point in an existing eight (8) inch pipe line owned by Lavaoa Pipe Line Company where said pipe line orosses the interseotion of Fourth Street and nDn Street,; saId point bears North 88 deg. 49 min. 46 sec. East a distanoe of 60 feet; Thence South 01 deg. 10 min. 44 sec. East a distance of 10 feet fl'om a monument marking the Southeast oorner of Blook No. 34 in the ~ownsiteof Olivia, Calhoun County, Texas, to the Point of Beginning; Thence South 88 deg. 49 min. 46 Seo. East being 10 feet from and parallel to the ~outh line of Block nAn, a distanoe of 283.6 feet from Station 0 -/ 00 to Station 2 -/ 83.6, said point being in the West right of way line of State Highway No. 172. Length of Pipe line being 283.6 teet or 17.19 rods. Provided, however" that ,the grant of this easement and right- of-way is made, and the instrument hereina.tter prOVided for is to be exeouted, on the oondition that such pipe line is to be oon- 'structed so as not to impair traffio Ol' the maintenance of said public street and thatfoJ.lowlng the laying of suoh 'pipe line that SU&l stl'eet will be promptly ~estored to its former oondition of usefulness. Applicant turther agrees that if said street i8 widened or the location of said street ohanged that said applioant will at its own expense lowel' the said pipe line to meet the l'equirements of the Commissioners Court of Calhoun County, Texas. It is further ORDERED, ADJUDGED, AND DECREED by the Court that Howard G. Hartzog, County Judge of Calhoun County, Texas, shall, and is hereby directed, on behalt of this Court to execute and deliver to LAVACA PIPE LINE COMPANY an easement and right-ot-way in l'ecordable form showing the g:zoant by this Court of said easement , I I I /I, , ,/ ", ,?.) ~ .--- <./ ,... \ 3 /Po I and right-ot-way for the purposes and only the purposes above mentioned and subjeot to the conditions above set torth. ~JJbftt~W Howard G. Hartzog, County Judge, Calhoun County, Texas. I c:.eJ F:zoank E. Wedig, Commissioner, Precinct No.1, Celhoun CountY. Texae . -1iW~", R. F. Kemperjo Commissioner, Pl'eclnct No., 2, Calhoun County, Texas. ." "' . . ~ . t A;AilIA~,ifl~ Ernest Radtke, Co~1.~~ioner, Precinot <'No.3. ,Calhoun County, Texas. ' I Clarence Preoinct Texas. -'Au~~ ~L ," ~.., ......-.. ... ~--- Barton, Commissioner, No. ~, CeJhoun pounty, . '.' ~ .... ATTESTS,'" 2lJd~~'f1.~~ - -.,. ., '. .... Ma~ioe G. Wood, County Clel~, Calhoun coun(:?fl:t~,_ jOn~.J> ' ~: ~~ ,.----~-- - , 7) "V(J'7 ' ., I -; I --~. , , ..... ~4>/ SPECIAL AUGUST TERM HELD .AUGUST 27. 1956 I THE STATE OF TEXAS I COUNTY OF CALHOUN , 'I o J J i' .I'. I BE IT REMEMBERED, THAT ON this the 27th day of August, 1950, there was begun and holden at the Courthouse in the City of "Port 'Lavaca, said County and state, a Special August Term of the Comniissioner'siCourt within and for said Coulity and state, same being the Second Special August Term 1956 and there were present on this day the following officers of the Court, to-wit: ,HOWARD G. HARTZOG, county Judge FRANIC'E. WEDIG. Commissioner PI'. 1 R. F; KEMPER, C~8sioner Pro 2 MAURICE G. WOOD, County Clerk ERNEST H. RADTKE, Commissioner Pro 3 CLARENCE BARTON, Commissioner PI'. 4 WHEREUPON"the followlng ordel~s were made and entered by said court, to-wit: - .- - .- - - - - - - ACQUISITION OF PROPERTY FOR COURTHOUSE PURPOSES !'I , At a Special Term of the commissioners' Court in and for Calhoun County, Texas, held in the regular meeting place of said Court in the County Courthouse in the City of port Lavaca, on the 27th day of August, 1956, with all members of the Court being present, there came on for consideration the acquisition of property for Courthouse purposes. On motion made by Ernest Radtke, seconded by Frank Kemper and unAnimously adopted by the Court, the purchase of South One-half (i) of Lot 2 and North One-Half (i) of Lot 3. all of Block 38, OrigInal, Town of Port Lavaca, Calhoun County. Texas, no~ owned by Palmer Jones and wife Willie Lee Jones, be authorized, and that the sum of $2,250.00 be paid therefor and that the County Clerk and County Treasurer be instructed to issue' a warrant in the sum of $2250.00 to be deposited in Escrow with the First State Bank of port Lavaca, Texas. for delivery to the order of Palmer Jones and wife Willie Lee Jones upon the presentation of a Warranty Deed executed by them and deliver~d to the First State Bank for Calhoun County. INSURANCE ON ATKINSON PROPERTY I On this the 27th day of August, 1956, at a Special Term of the Commissioners' Court of Calhoun county, Texas. with all members of the Court being present. there came on for consideration the insurance on the new acquIred property former owned by W. R-, Atkinson. onlmotion made by Frank Wedig, seconded by Clarence Barton s,nd unanImously ordered that Chatterton Insurance Agency be requested to insure said property in the amount of $10.000 for fire insurance coverage for one year and that a binder be issued until such policy is secured. I 1:3/ ~- 301 11 ~ ,..... 3k ;2. BIDS AND PROPOSALS EQUIPMENT FOR PH. ;3 On this the 27th day or August, 1~56, with all members of the Court being present, at a Special Term of the COmmissioners' Court or Calhoun County, Texas, there came on ror consideration the bids submitted ror a 9-wheel pneumatic tired rollor for use of Precinct NO.3. After the rollowing bids were considered, on motion made by Ernest Radtke, seconded by Frank Kemper and unanimously adopted by the court, the bid or Browning-Ferris Machinery Company was accepted as'the best bid and the bid check or Boehck Engineering Co. Inc. was ordered I returned. I " , , ", " , ' . f'\I~O '.. " ;"1 ~ j " :, LJJI, , " ;;,:,"'1:':''.:':-':'''''1 .)1"'" ~ ': t~" :.. ~.v : r-' ;~~;. "I~?~ :'.(iT :', \Z l,,";'~ ~"", f fr: '!-of" --; ,(",,' ,': !'W, , ','t;~_ :-: , .:..:.':...:::....;~~.' I: '...,;J I ~~..!J uL1,J_ill:J"-\~.11~.,i5~, l~ I J ,~.' - KaYA'1I L 18 M'K D t . 1 3 .r. .p , " BUCYRUS,ERIE Shovels-Draglines CLEVELAND Trenchers and Backfillers HOU.TON TllXAS AT L1V. OAK ~HON" CAPITO\. S.lIUl P. O. BOX allsa DAl.LAS 10' IU,"OSlTION AVI:NVD. "HOHlt TE;NISON ITlS ,. W~~j..J:.:.J..j':J UI~.ll.; DROTf Tractor Loaders Bull Clams FOOTE Concrete Pavers Black Top Pavers Finishers. ,August 21, 1956 Honorable County J~dge & Commissioners Court Calhoun 'Count'y Port Lavaca, Texas" GALlON Motor Graders RoHers-3 Wheel and Tandem GERLINGER Lift and Straddle Trucks Gentlemen: : ',':JJ:. I' HELTZEL Road Forms . Bins IlDd Batcbets J lie '~:'i'e I?l~ase,d to, ql,lo te ,as follows: One -Bros Model,R-45 9~Wheel Pneumatic Tired 'I "Roll'e:r: :rour'front"wh'eel~, fi-ve rear \1heels, ~9n :w~4e, [;ol~ing Pflth, and 7:, 5px 15 4-ply pneumatic tires. " l'feigh;tapp!:o ximatE\ly,(2, 300 pounds. Price f.d.b. any point in Calhoun Co. _ $1,504.00 Terms: 2% ~)r cash, or'if you desire an ex~endegpayment :pran, ,we feel sure a mutually satisfactory arrange~entcan be,wo~ked out. HOUGH Payloaders HUGHES,KEENAN Cranes- Tracto.r ~founted Cranes-Rubber Tire \",auDted INTERNATIONAL Crawler Tractors Bulldozers and Scrapers Off Road Hauling Units Wheeled Tractors Diesel and Gas Power Units J?E)liye,:ry: ,Immediate shipment :can be made from Houston stock, subject to prior- sale. JAEGER Air Compressors Concrete Mixers Truck Mixers Finishing Machines Pumps and Spreaders Li terature and specifications as 'well as a cashier's check 1'n the amount of $76 00' . , are enclosed. JONES SUPERIOR' Saw Rigs " , r!.' , ~. LITTLEFORD Asphalt Distributors Tar Kettles We thank you for this opportunity of quoting and :hope, yo,u will s'ee' fit ,to "favor 'us 'wi'th your order. 1 ,~ SUPERIOR Pipe Booms THOR 'Air andElecnical Tools 'Yours ,'very trury, , VULCAN Pile Hammers . WAYNE Street'Sweepers Industrial Sweepers Supplies, Salamanders . and ,Repair Parts Carried in Stock BROWNING~FEIi.RIS 'MA'CHTNERY CO. 'By' 2,. Jilt//( )t'IIc~#'.' ack Noblitt , 'Sales Manager I TD:jf E;nclosures ,2 L -""::::,., . """"Ill - 3"3 1- WE SELL . AIR COMPRESSORS AIR TOOLS . BATCH PLANTS BINS . CRANES - CRAWLER RUBBER TIRED AND LOCOMOTIVE . , CAR PULLERS . COLUMN CLAMPS . CONVEYORS, . CLAMSHELL BUCKETS . DERRICKS , . DRAGLlNES . DRAGLlNE BUCKETS . FRONT END LOADERS . GENERATOR SETS . HOISTS . MASONRY SAWS . MOTOR GRADERS . MIXERS - CONCRETE AND PLASTER . PUMPS . ROAD ROLLERS . ROAD MACHINERY . SCAffOlDING . SHOleS . TRACTOR~ . TOWERS - PORTABLE AND STATIONARY . ' TRENCH HOES . TRUCK MIXERS . VIBRATORS . WHEELBARROWS . SUPPLIES. PARTS AND SlRVICE I ~I - ~- ",. l\ I . -'-"'-....- - --- ---- - -.... - -, .---- --_.~ ... BOEHCK ENGINEERING CO., INC. , (PRONOUNCED BECK) "QUALITY EQ,UIPMENT - QUALITY SERVICE" 5806 Long Drive. p, 0, 80x 12187. fnone OL4-4331 HOUSTON, TEXAS . ' August 24, 1956 Commissioner's Court Calhoun County Court House Port Lavaca, Texas Gentlemen: In accordance with your recent request, we are pleased to quote on pneumatic tired Holler, as follows: 1 - BMCO Model B-9 pneumatic tired roller equipped with nine 7:50 x 15 6-ply tires with full oscillating axle with effective rolling width of 66", Price, delivered to Calhoun County.,..,...,,$ 1,608.00. Terms: ,Net cash at regular payment date, Shipment can be made and delivered within three days from receipt of order. If you would prefer 4-ply tires instead of 6-ply tires, we would ID8ke a reduction of $63.00 from the foregoing price. Enclosed is Cashier's check in the 'amount 'of $81.00 representing approximatel.v 5~ of our bid, ' , We appreciate this 9Pportunity'of quoting and assure you that 'your order ~ll receive our careful attention" ,Yours very ,truly, " OEC/mn Encls, ~ W ERE N T AU QuorA11ONS AU SUBJECT 10 PRIOR eNTAl. OR SALE OR CON- E QUI P ME" T r/NGENr UPON flUS, srRlKES OR DElAYS BEYOND OUR :CONJROI - ~ - - - - - ._'- - IFINANCES - COUNTY On this the 31st day 01' August', '1950; at ii'special Term of the Commissioners' Court of Calhoun County, Texas, 'with all'members of the Court being present, on motion made by Clarence Barton, seconded by Frank Kemper, it was ordel'ed that the sum oj $4000.00 be transfered from the General Fund to the P. I. Fund, to be , - -I. re,turned when tax funds are available in the :P. I. Fund. Motion was unanimously adopted by the Court. ?$'d ......01 r'"" ~ bL/- o BUDGET HEARING . / <" ,I , (e:"" ,,\ i~~ l' < (_ .IJ _j ',/;... ,j'." of the Comiti1,s sfb'nex-s' " . (1 '\."i '>( 1" ) :', r'>.. < j I. ,.~ .',. At a special term Court In and for Calhoun County, Texas, held in the re'gular"meet~ing,p1:ace' ,of'ls'a:l:d':Court'!ln the County Courthouse . ',' . ~/tO"'i:-H~.:; in the City of Port Lavaca at 2:00 P.M. on the 31st day of August, 1956, with County Judge Hartzog presiding and Commissioners Wedig, Kemper, Radtke and Barton present and the County Clerk And the County Auditor in attendance, there having come on for hearing the public hearing on the County Budget for the calendar year 'I '~ "j' 19517, and, it appearing to the Court that notice of said public heari,rig:Jhad'been T ".', . ,I published in a newspaper of Countywide circulation as required by law"and..it appearing to the Court that all who desired to be heard, on said Count;f'Budget had been, given i'ull opportunity to express themselves on same, it was moved ,by Commissioner Barton that the budget for Calhoun County, Texas, for the ;galendar year 1957 as prepared by the County Judge and ~he County Auditor and as' presented , , - to the Court and those in attendance at the pUblic budget hearing be~ and the - '. ~ I " same is hereby, adopted as thbbudget:Jf6r Calh6uri coUnty, Texas, for ;lip.e ,q!l.ll;mdar . ",., ./' .- year January 1st through Decem?e~, 31st, 1957. ~8tion seconded by Commissioner, Kemper and unanimously adopted by the Court. It is so ordered. . ,. .... I ',. .~~ ,,~. :1. c:: 31;' "'." ------ ~ I . . I..:.,' ,I.: ACQUISITION OF PROPERTY FOR COURTHOUSE PURPOSES '". .J!.. (11:..<'. On'this the 31st 'day 'of ,August, 1956, -at a. ~Spec'iaJ: 'Term 01' the Commissioners I '.r.. " #1/.0.: .I~ Court of Calhoun County j Texas," wi tli a'll ~eDibe'rs Jo'f:t he Court "being pr,esent,,: on " , , motion made by Ernest Radtke, seconded by Frank Kemper and unanimously aaop~ed . 'j., :~r..""', . J a . it was ordered that the Court accept'the'offer'of Lawrence l.':..f W.'Roemer and wife ~/l'( ~::.W ,j " ' ,'~: r. r " North ~ of Lot 4, Block'38;' of' Belle Roemer and purchaseSouthc1-of Lot 3 and the b,r'iginaj~"T()wn" (J,fPor,t Lavac's:; 'for the sum '-::, I~:'; ~~'j , , Treasur.er all:! ,i!:ount,y CD!erk issue a' warrant in . -II to '. ( '.'. p"r' '. . . . . ., ,. -j- ~, ~,' P. I. Fund payu'blel.to '~he Fir.s,t iState, 1\a....'1k o:r Port Lavll,ca, of $11,000.00 and that tb,e"Co:unty ......_,.'" .. .1.) ,_ the sum of $11,000.00 out:'of:cthe 'payment over to Lawrence w. Roemer ~nd wife, Belle'RoeDier, Texas, 'in e~Ic'X:o\\ "f~r ~n1t...";I.!J I;qtl, upon deli very'ot"'1their' warranty deed to Calhoun County of said Property. -.- -.- - - - - - - - - - - ..,,- ,/;; " I;:;::. . - I~. >\ ':'I ". V_ .;~ ,j \~~ ' "-::-;:/ ..',0' ',Cl ",,,a r,Q '''W,.~ .\lle" OT ~X'U< ~M l~'O\V"TOijQ lit> 'f Yl ~ ~ :J VI/ APPOINTMENT OF DEEUTY,_.; ~~~o~::.; '~y,~"!~- r.o'-~...~:~~Tl ,'';~-\i\O-lm '~~~~;\T 1: . ", DISTRICT CLERK On this the 31st day of August,1956,at a SpeCial Term of the Commissioners' Courtoi' Calhoun County, Te~as,_withall members oi'_the Court being present, on motion, duly made, seconded and unanimously carried, Ollie M. Ha~~i~"was_a~?o~~~ed .,DeputY'Dlstrict q,e!k;to daEe/rom,:,~h~:l9-th ~!l.YL'.o,f.,Sept?ml?er, 1956and,to continue ,i,n effect, ~tll re:V?~E!d by saidcoffi~er; ,)? ,!i.!,!D1]1U~s;,.'])is~rict Glerk, (lr be:. ;'. " -0 -'- .. " ,-...0;.: --'~7 .....-t:L~ """:~ .i' ~...-~_ ~l"i -::,,~: H. ~ u...\):'.)0' I I' '",,:-..--, , otherwise terminated. , , ~ _:' J_ ~ : ,y ~{rl.._'~: I '..: :1 .... :.' , ' ~: ? , ._ .'l<,,;;-;,-,'I ~:'l.l . ~. - ~' , -'.-. . ,-' " '~ J- '. <; .'. ~ -.., '....... :: ..-..1__; ~'_.nVJ~ '_C'~ _;_,"""('Jj"~ .'1,. r',:;~. - ~.:-; .~ J""'-', I { , r I , J ..4!1 (I .... ;.;-,:.J .......r=-- .... ~ ""'II 365 . I SPECIAL ..SEPT. TERM"- , - - - -- - -- , - _u --- --,---, ,- - -- - -- HEtD ~'SEPTY-7,'1956- -- --~.. I THE STATE OF TEXAS 1 o COUNrY OF CALHOUN I BE IT REMEMBERED, that on this the 7th day of Sept.~, 1956, there was begun and holden at the Co~thouse in the City of Port Lavaca, said County and State a Special :S~pt. Term of the Connnissioners' Court within and for said County and State. same being the First special September Term 1956 and there were present on this day the following officer~ of the Court. to-wit: - . HOWARD G. HARTZGO, County Judge FRANK'E. WEDIG, Commissioner Pro 1 R~ F. KEMPER, coMmissioner Pr~ 2 MAURICE G. WOOD, County Clerk ERNEST H. RADTKE, Commissioner pro 3 CLARENCE BARTO~. Connnis~ioner Pro 4 , WHEREUPON, the following orders were made and entered by said Court, to-wit: RIGHT OF WAY BY-PASS ROUTE 35 On this the 7th day of september, 1956, at,a Special Ter~ of the. Connnissionersl Court of Calhoun County, Texas, with all members of the Court ~I , , being present, on motion mads by Frank Wedig, seconded by Ernest Radtke'and unanimously adopted, it was agrees that as a part of the condemnatio~ of the John and Will Garner Tract, that George Johnson and wife, tennant house owner , , that such right of way, the Court agreed to move the Johnson house and appurtenances to the acre tract of land to the north owned by John Garner and to install a septic tank and butane tank and water line to the well to be drilled for John Carner and that condemnation against George Johnson be dismissed. . RIGHT OF WAY BY*PASS,ROUTE 35 On this the 7th day of September, 1956, at a Special Term of the Commis- sioners' Court of Calhoun Co~nty, Te~as, with all members of the Court:being Present, on motion'made bY'Frank Wedig, seconded by Frank Kemper and unanimously adopted, it was agreed'that -the County would constru~t a fence across the back of Lot 7, Block 8, Lynnhaven Subdivision, owned by Lee Orean Sanders and wife Alberta Sanders, as consideration for the right of way of State Highway No. 35. ~I , , - - - - - - - - - - - . MINUTES AND ADJOURNMENT ~I On this the 7th day of September, 19~6, at a Special Term of the Commissioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion duly made, seconded and unanimously adopted the Minutes of the Previous meetin$ in Au t~were;r.ead and, a Hartzog, County Calhoun County, Texas . .... r'"" 366 ..... 00 i~ ~ fl~ . REGULAR SEPTEMBER TERM HELD SEPTEMBER lOth,1956 T~E STATE 0 ' , .'.." . OF TEXAS 0 0 COUNTY OF CALHOUN .~ I !;;, BE IT REMEMBERED, that on this the lOth day of Septe;1ber, 1956, there was ~ State a Regular Term of the CommissIoners' Court within and for said'Co~ty I begun and holden at the Courthouse in the City of Port Lavaca, said County and ----------- and state same being t~eRegular ~uly Term 1956, and thel"e were present on . this day the following officers of the Court, to-wit: ") ,Howard G. Havtzog, County Judge . . Frank E. WedIg, Commissioner,Pr.l R. F. Kemper, Commissioner,Pr.2 Ernest H. Radtke, Commissioner, Pr,. 3 , Clarence, Barton, CommissIoner, Pro 4 . I' Maurice G. Wood, Coumty Clerk Whereupon the folloelng orders were made and entered by said Court, to-wit: ------------ ------- COUNTY AUDITOR . ON MOTION MADE by Clarence Barton and seconded by Frank Kemper and . unanimously adopted the followIng letter of request was dire,cted to C! District Judge Howard P. Green and District Judge Frank W. Martin,requesting the appointment of County Auditor as an office approved by Article 1645. September 11, 1956 I~ Honorable Howard P. Green District Judge, 24th Judicial Di'st. Honorable FranK W. Martin District Judge, 135th Judicial Dist. Co ': I Gentlemen: ~ , Upon receipt of your letter.. addressed to Honorable ',~'i.~,<! Wiley L: Cheatham, District Attorney, relative, to the ap?~i~t appointment of a County Auditor for Calhoun County under Acts of,1955,.Article-1645 ,which has been held to repeal the Special Couny Auditors Act of 1951, Article l645a-8, we disire to request that you select and appoint a County Auditor for Calhoun County and to fix the salary for such offIce. Under the law that selection is placed entirely within your hands, and we will be happy to abide by your determination which we know will be based upon your findings as to the best interest of the public. . ..... ,.. -- 367 -~ - . I Should any recommendation be..desired rrom this Court, we will be glad to respond, our unanimous recommendation would be to state that we would endorse the appointment or our present, able, acting Auditor, James F. Houlihan, who nas with,his late ~ather, ' ably served our County. fQr some 20 years. ' Mr. Ho~lfhan, as you recall resigned his appointment as County Auditor of Orange County last March to take over the work"in Calhoun County. on a full time-basis as required. HJ is now in the process of movi~ghis home to Port Lavaca, Calhoun County, Texas. .. .. .. .. I Respectfully Submitted, COMMISSIONERS' COURT OF CALHOUN COUNTY, TE~S Frank E. Wedig, Commissioner ~r"l R. F. Kemper, Commissione~ PI'. 2 . Ernest Radtke Commissioner PI'. 3 Clarence Barton, Commissioner PI'. 4 , Howard G. Halltzog, County Judge ATTEST: . Maur'ce G. Wood, County Clerk and Ex-Officio Clerk of the Commissionersc(: Court of Calhoun County, Texas I, LATERAL ROAD ACCOUNT ON ORDER OF' Commissioners' Court, Judge Hartzog requested return of sum of $10,123.55 due on the Lateral Road Account. September 12, 19S6 . Mr. Joe Nelson, Directon Board of County and'District Road Indebtedness :AiusMn.fTexasl'J 9,',:1. : ,:,',', 3 _ , Dear Sir: We are returning herewith our c~riificate as to expenditures on County Lateral road funds, and balance as of August Jl, 1958. The Court herewith request the return to us of the sum of $10,123.55, Calhoun County Lateral road funds to be employed for the purpose of purchase of road materral for county ~oads. Yours truly, Commissioners' Court Calhoun County By Howard G. Hartzog, Gou;.tty, JUdge , . APPLICATION OF IiI. VACA PIPE LINE CO. FOR AN EASEMENT AND RIGHT,WF-l:,WAY - .~- EX PARTE: APPLICATION OF LAVACA PIPE LINE COMPANY FOR EASEVffiNT UNDER AND ACROSS PUBLIC ROAD r 'rNTHE' COMMIssiONERSt COURT o I OF I CALHOUN COUNTY, TEXAS ... 2'1 A ""'Ill I THE STATE OF TEXAS COUNTY CF CALHOUN , , o I WHEREAS, ther.e has net heretofore been appointed a 'County Auditor in and for Cal'houn County, Texas, because under the terms of ArtIcle 1645a-8, Supplement to Vernon's Texas Civil Statutes, Calho~' County has been coo s:ld ered exempt from the law providing for County AudItors j and, I WHEREAS, the Commissioners' Court of Calhoun County, Texas, in sessicn on September 11, 1956, by resolution duly requested the Dis- trict Judges havingjurisdJc tion of Calhou n County, Texas, to lip point a County AudItor for Cal houn County, Texas, a copy a: wh:l.ch resolution is attached hereto and made a part hereof; and, WHEREAS, the total tax valuation of Calhoun County, Texas, ac- cording to the last approved tax roll for 1955 amoonted to slightly in excess of forty mIllion dollars; and, WHEREAS, James F. Houlihan is a man of unquest10 nable good moral character ani intell1gennB:, and thoroughly competent in public business details, and a oompetent accountant of many years experience in auditIng ani accounting, and is thoroughly familiar with the books and financial affairs of Calhoun County, Texas, having ,served through / " employment of the Commissioners' Court as employe,d' audito"r under con- j tract for Cal houn County for many yellir's ~ and there being no other , S4tJ1(' ,quallfied citizen of too County who can be procured who has this"ex- perienc'e and knowledge of the affairs of said County: NOW, THEREFORE, we, Howard P. Green, Judge of the 24th Judicial DistrIct of Texas, and Frank W. Martin, Judge of the IJ5th Judic;\al District of Texas, haVing jurisdiction of Calhoun County, Texas, do hereby appoint James F. Houlihan County Auditor of and fer Calhoun County, Texas, for the, term of two years beginning as and from Octo ber 1, 1956, and ending September )0, 1958, at a salary of Fifty-seven Hundred Dollars ($5,700.00) per annUlll, payable in equal mo'nthly In- stallments out of the appropriate fund of said County. Said Auditor shall, before he enters upon the duties o,f his office, make bond and take the official oaths of office, as \l' ovided by Article I 'I " 3 ,~ 1$7 ...4 36'1 Ii ~ I I CERTIFICATE OF TRUE COpy OF PAPER OF RECORD THE STATE OF TEXAS COUNTY OF CALHOUN } I, E,N. DUMAS , Clerk of the District Court of Calhoun County, Texas, do hereby certify that the foregoing is a true and correct copy of the original ORDER APPOINTING JAMES F. HOULIHAN, AS COUNTY AUDITOR, FROM OCTOBER 1. 1956 TO SEPTEMBER 30~ 1958, AT A SALARY ,OF FIFTY-SEVEN mn,DRED DOLLARS ($5,700.00) PER ANNUM, I as the same appears of record Court Records of said County, in my office, in Volume K in/Volume 1 the Minutes of page 193 & page 106 the District . Given under my hand and seal of said Court, at office in Port Lavaca,' this the 25th day of~<;lptember ----A. D. 19~. E. N. DUMAS Clerk,24th & 11~th JUD. DIST. County, Texas Court, Calhoun',_ 's,. ~. "'f . , .' .... By: ?v~ p-t:V~ Deputy., I I /.$-:J) ~ ""'" "it '~ ,~-:649), 'Rfl"it'asd",Civil Statutes of Texas, as amended by Acts of 1955, 54th Le'gislatura, Page 1117, Chapter 414, Section 2~'nbeing Senate Bill 316 of said Sess1Dn of the LegIslature. We FURTHER ORDER that the resolution of the Commissioners' Court of Calhoun County, Texas, dated SepteD!'ber 11, 1956, hereinbefore referred to, be recorded immed1at'ely precedIng this ora er in the Minutes of the DistrIct Court of Calholm County, Texas, and tha t a cert~fied copy of thi S ot:difJ':i ,,'t'ogeth er wi th a certified CP py of said Co mmissi Q'1 ers I Court resolution be del i vered to the Commissioners' Court ofCal houn County, Texas, for its observance and for recording in the ~!inutes of Calhoun County, Texas./ /7"- ' DULY SIGNED this CJ,) day of September, A. D. 1956. --- ~- 'JU " , =1'.....' - ----:'. ,~ :s\~ \ t> ;~~ ,,~' ~' /~i..X ~ge, -' t udicial tl~ ct 0 T,BxaS. F I LED: 8:00 o'clock A.M. September 25, 1956 E.N. Dumas, District Clerk Calhou~ County, Texas By Maurine Jackson, Deputy ~ , .. . .'.'i'. . '.,- ... '.;\'.;) '-.., I, I", I ~ I I, ""-368 00 -II ""... """'." ~ t:x~ ~] . TO SAID HONORABLE COURT AND THE MEMBERS THEREOF: , NOW COMES LAVACA PIPE LINE COMPANY, A PRIVATE 'CORPORATION DULY INCORPORATED and doing business under the laws of the State of Texas, and presents tl;d,~_.._,_" its application to this Honorable Court for authority for 'itself, its successors and assigns, to construct, reconstruct, repair, maintain, and operate a<gas pipe line under, through, and across public roadway right-of-way sixty (60) foot wide sItuated on the common line between the Noreathst one-quarter. (NE 1/4~ of Fractional Section No. 39 and the'Fractional Northwest one-quarter (NE 1/4) of Fractional Section no. 39 of the Theo, F. Koch Subdivision In the Jarnes Hughson Lea/;jue in Calhoun County, Texas. , The right-of-way is to be .50 feet wide being 25 feet on either side of the following, descirbed centerline; , Entering the above descrIbed roadway right-of-way at a point on the East line of sarne, said point bears SOOl'deg. 10 min. ~4 sec. E'714.86 feet and N 88 deg. .59 min. 4.5 sec. E. 41.2 feet from t he Northwest corner of Northeast one-quarter (NE 1/4)' of Fract,ional Section No. 39 of said Theo. F. Koch Subdivision; , Thence S 88 deg. .59 min. 4.5 sec. W 60.0 feet to a po~nt in the West right-of-way line of said County Road. Length of pipe line . 60.0 feet: 3.64 rods'. . Applicant represents to the court insupport of its application that due care will be exercised in the construction of said pipe line so that it will not impede traffic or'the maintenance of said public roa~. and that 'such pUblic road willb be promptly restored to its former c'ondition' of usefulness, and applicant further agrees that if said publiC roadway is'widened or the location of Baid public roadway changed, that said applicant will at'its own expense lower the said pipe line to meet the requirements of the Commissioners Court of Calhoun County, Texas. I I ,.... .r' " , , , . WHEREFORE, premises considered, applicant prays and petitions this Honorable Court to grant to applicant the right to construct, reconstruct, repair, maintain and operate a gas pipe line under, through and across the public roadway hereinabove designated and described and that this'Honorable Court make its order and cause the same to be entered in the minutes of this court apprOVing the applicationand authorizing the execution a n.d deli very of a suitable easement and right-of-way grant from and on behalf of Calhoun County and this Honorable Court to applicant, securing t9 applicant in recordable formthe easement and right-of-vlay and the rights and privileges here now prayed for. Applicant further petitions this court to make and enter such other and further orders and to execute and deliver such other and further grants in behalf of applicat:!lon as to the said court may seem proper. ___ _ _ t I" LAVACA PIPE LINE COMPANY , By D. L. Buchanan t ORDER EX PARTE: APPLICATION OF LAVACA PIPE LINE COMPANY FOR EASEMENT UNDER A ND ACROSS PUBLIC ROAD tIN THE COMMISSIONERS COURT I I OF o - CALHOUN COUNTY, TEXAS . BE IT REMEMBERED THAT on this the lOth day of Septembei, A. D. 1956, came on to be heard and considered by the Commissioners 'Court the appli- cation on this day filed with the Clerk of this court byLAVACA ,PIPE LINE COMPANY For an easement a~u right-of~way to construct, reconstruct, repair, maintain and operate a gas pipe line under, through and across , certain pUblic roadway of Calhoun County,Texas, described in said application at points to be selected by LA VACA PIPE LINE COMPANY wi thin the '11rirl ts described in said application" whereupon the Court, being in regular session. pr~ceeded to consider said application and to hear evidence in support thereof. No objection was made,to said application and no protest I~as made against the granting thereof ,and the Court having duly considered Ithe sarne and its merits and the evidence in support thereof 'is 'o,r the opinion and finds that said application should be granted, and that Howard G~ Hartzog, County Judge of Calhoun County. and the presiding officer of ~his Court should be duly authorized by order and Judgement of this Court ~o execute and deliver to the said LAVACA PIPE LINE COMPANY the Elasement rnd right-of-way descri bed in said application. , " , IT IS THEREFORE ORDERED. ADJUDGED AND DE;REED by the Court ~;hat LAVACA PIPE LINE COMPANY is hereby granted authority for itself, its successors and assigns to construct, reconstruct. repair, maintain and operate a gas !pipe line under, through and across the public ,roadway ,right-of-way sixty ~1(60) fpot widesituated on the common line between the Northeast one-quarter (NE 1/4* of Fractional Section No. 39 and the Fractional Northwest one- 'uarter (NW 1/4) of Fractional Section No. 39 of the Theo. F. Koch Sub- ~ivision in the James Hughson League in Calhoun County, Texas. The right-of- way is to be 50 foot wide being 25 feet on either side of the following described centerline: , ' ,_ ,_ ' _ _ _ _ __ , . " ,_'_ < , I :1 C' r l ...,j r- ..... 369 . I Entering the Above described roadway right-of-way at a point on the East line of same, said point bears S. 01 deg. 10 min. 04 sec. E.714.86 feet and N. 88 deg. 59 min. 45 sec. E. 41.2 feet from the Northwest corner of Northeast one-quarter (NE 1/4) of Fractional Sectional No. 39 of said Theo. F. Koch Subdivision; The;ceS 88 deg. 59 min. 45 sec. W. 60.0' feet to a point in the West, right-of-way line of said County Road. ..Length of pipe line:: 60.0 fee~ = 3.64,rods. I - PrOVided, however, that the grant of this easement and right-of- way is made, and the instrument hereinafter provided for is to be executed, on the condition that such pipe line is to be constructed so as not to impair traffic or the maIntenance of said publiC road- way and that following the laying of such pipe line that such publiC roadway will be promptly, restored, ,to its former condition ,of, useful- ness. Applicant further agrees that if said publiC roadway is widened or the location of said'public roadway changed that saidapplicant will at its own expense 'lower' the said pipe line to meet the re~uirements of the Comissioners Court of Calhoun County, Texas. . It is further ORDERED, ADJUDGED, AND DECREED by the Court that Howard G. Hartzog, County Judge of Calhoun County"Texas, shall, and is hereby directed, on behalf of this Court to Execute and deliver to LA VACA PIPE LINE COMPANY an easement ana riglit-of;:.way in record- able form showing the grant by this Court of said easement ,and right- of-way for the purposes and only the purposes above mentioned and subject to the conditions above set forth. Howard G. Hartzog, County judge, calhoun County, Tex~s. I .,. . Frank E. Wedig, Commissioner, Precinct ~o.li, Calhoun County, Texas. ,- R. F. Kemper, Commissioner, Precinct No.2, Calhoun County, Texas. . Ernest Radtke, Commissioner, Precinct No.4, Calhoun County, Texas. ATTEST: I Maurice G. Wood, County Clerk, Calhoun County, Texas. I RATE OF TAXATION APPROVED THE STATE OF TEXAS),_ ( COUNTY OF CALHOUN ) AT THE REGULAR SEPTEMBER TERM OF THE COMMISSIONERS' COURT IN AND FOR CALHOUN COUNTY, TEXAS, HELD IN, THE REGULAR MEETING !:'LACE OF SAID COURT IN IN THE COUNTY COURTHOUSE IN THE, CITY OF,PORT LAVACA,_TEXAS, ON,THE lOth DAY OF SEPTEMBER, 1956, WITH, COUNTY JUDGE HARTZOG PRESIDING AND COMISSIONERS WEDIG, KEMPER, RADTKE, AND BARTON PRESENT, AND THE COUNTY CLERK IN ATTENDANCE, THERE HAVING COME ON FOR HEARING THE MATTER OF LEVYING AND ASSESSING THE AS VALOREM TAX FOR CALHOUN COUNTY, TEXAS, IN CONNECTION WITH THE 1956 TAX ROLL, AND IT APPEARING TO THE COURT THAT THE COUNTY BUDGET FOR CALHOUN COUNTY, TEXAS, FOR THE CALENDAR YEAR 1957 WAS OFFICIALLY, ADOPTED BY THIS COURT AT A TERM THEREOF HELD ON THE 31st DAY OF AUGUST, 1956 IT WAS MOVED BY COMMISSIONER BARTON TEET THE FOLLOWING RATES OF TAX BE AND THEY ARE HEREBY, LEVIED AND ASSESSED ON EACH ONE HUNDRED DOLLARS ($100.00) OF TAX~ ABLE PROPERTY IN CALHOUN COUNTY, TEXASi' "AS SAME APPEARS ON THE 1956 TAX ROLL, THESE, TAX RATES HAVING BEEN, INCLUDED IN THE 1957 COUNTY BUDGET HERETOFORE ADOPTED BY THIS COURT: . JURY FUND-CLASS ONE $ i ..... ...,j ,... 370 . 00-' ~ <:..t tt:l e-;; . ROAD AND ~RIQGE FUNDpCLASS TWO . GENERAL' FUND;<CLAss THREE PERMANENT IMPROVEMENT FUND.. CLASS FOUR' ROAD AND BRID~E SPECIAL'FUND HOSPITAL BOND SINKING FUND "RB RIGHT OF WAY WTS SINKING FUND 1.5 25 , 13' ~ ' I - . - . - . FIRE EQUIPMENT BOND SINKING FUND 12 OCy '0.5' , , , , I , $: ' .79 ' $.;2:5 ' TOTAL COUNTYWIDE TAX RATE POLL TAX OCCUPATION, BEER, BEER AND WINE AND PACKAGE STORE LICENSES ARE ASSESSES AT ONE;,HALF (1/2) THE LICENSE ASSESSED AND CHARGED BY THE STATE OF TEXAS, AND THE FOLLOWING RATES OF TAX BE, AND' THEY ARE' HEREBY, LEVIED - AND ASSESSED AGAINST EACH $100.00 OF TAXABLE PROPERTY IN'EACH OF THE ROAD DISTRICTS AS THE SAME APPEARS ON THE 1956 TAX ROLL: . SPECIAL R AND B TAX, RB PRECINCT 1 2L , SPECIAL R AND B TAX, RB PRECINCT 4 ...lL ROAD DISTRICT NO. 1 ~20 -, - -.- AND'THE FOLLowiiw RATES OF TAX BE, AND THEY ARE HEREBY, LEVIED AND ASSESSED ,AGAINST EACH ONE,HUNDRED DOLLARS ($~()O.OO) OF TAXABLE PROPERTY IN EACH OF THE'SCHOOL'DISTRICTS AS SAME APPEARS ONTRE 1956 TAX ROLL: SCHOOL DISTRICT RATE OF TAX CALHOUN COUNTY ISD ASSESSED AND COLLECTED BY'SCHOOL , , ~1..50 I ,- , DRAINAGE DISTRICT NO. 6 7 8 t ~75 ,",,-r .16 .50 , , 10 1.50 NAVIGATION DISTRICT - ,..- ------------.0,", AND THAT THE FOLLOWING RATES OF TAX BE, ,AND THEY ARE HEREBY, LEVIED AND ASSESSED AGAINST EACH, ONE HUNDRED DOLLARS ($100.00) OF TAXABLE, PROPERTY IN EACH OF THE DRAINAGE DISTRICTS AS SAME APPEARS ON THE 19.56 TAX ROLL: . MOTION SECONDED BY COMISSIONER KEMPER. QUESTION. , COMMISSIONER KEMPER VOTED. COMMISSIONER WEDIG VOTED. COMISSIONER RADTKE VOTED. COMMISSIONER BARTON VOTED. MOTION CARRIED. ' IT, IS SO ORDERED. , , t a(kIJi~~ ) COUNTY JUDGE IN AND FOR CALHOUN,qOUNTY, rEXAS;~-'--- I , I , t , , - , . l ~ I I I I I , ,'"-' ....P ---. ~ ... -<=- f:; ~- Q' ....'" , ,: ~g ...: "'q tS 70 A .... . ~..-' . . ~. . - '---~-_. J, ,~ J, .v THE STANDARD FORM OF AGREEMENT BETWEEN l' lll.",", "OJ., dJOWNER"'AND' 'ARCHITECT v' lt'r'l ' "J ,", .(~t. (.11-' ....1 ,: ~ : oJ,-' . .", ".' -" , 1 ' .- , . \ .. '1' . . _". "I~i ' "'Jj"Jl t.' Hi!..n It' d:'!,' ~. I'"'' fl:~ .l~_.. -J '"4 .r...., ""...::" ' , , fSS_t!,f3J. BY 'Tf!_B AIf~~,! lNS1TJ1JTB lOP . AIl91lTZCI'S', rot usa WH~N A_ ru . r 11 I PDCBNT4GI OF THB COST OF TaB WOlJ[ FORMS TUB BASl& 07 PAYMENT, . If! ;. _. (I - .J:' .. ';'( 'i,i 'ANUI ir'NGlNUn.? nBs 'w' WM'aUWD TO 'AlC~lTKci,8T'-mD. .'. 1'1 JJl/, ,;':" ',1--' . .' "...... ...',j' ,......,. . . 'I ' IU1"B mmOJl---oDPnUnrr 194J-19SJ.,Bl" .ml AKUIC,ir Ul'1'ITI'iin 01' AI.CBITICTI5, WA!BINGrpti D. c: ". -.'"ft,'f:"~V~I';l~:ild' :l'" :. . . THIS' 'Air:,R', ~,,~MM E';N"T~ <d .if "'l'lth', '.0'.'.", ' , ,', ,'~,~ ".,,~~",,~j; ""t r",; ,'P~I;,~""'le;....;",...,;,..~;:..;;....,.....,,............., ' I I ~ I' f ur' ) i' T 1.. ~, t.. 'j ,r ,.-. . (:1.* .' ; :'.(., ~"nl,)~J...,},.i Jr ''''',.'''', " day of...~!':P~!':~R~.~."..,.in' the, year ,Nineteen H undred,and..:r-W-I:X.:-,~;;:.;..........,.. 'f'- 4r.~1 ''''t;l ':.!k:UI'..' ~'r!t., l~liJ'Y. "; ;~~l-d" ","'-j: <.);-:.-: lldU~I.l -d~'-: ,ll......l,,~Flffl'.;.__, .. Calhowi G(i'urii->\:', T~s';'1':ii'Cii'tt:"b.eiein b "", ,p, l' ", by (and between"""....",.......,..,."...:~,!,"",...,'_,.l...,......"g....."..,....",~..~sLUu:O'\lgh,jj;s".. II..',' '\,,'..:. .;.,.;It..~Iw:.....J- ;'V''''~''~~.V''...'# h'~",,='4""'_._~___":' ',_. . ...._____...~. _. ,,1'"1' Z:.\ ,'; ,," .z; ;" . .IlJI_i;: .'\r:.-jO,lJ;LI, ..tt~'<;~;r../l",,;:;':._,..~;,._': ~.~ ;--~,~ :~ '-:r,~f~~' _;. :;". .f2P..?ITi,~!?~??:',?~,'!lJ~,~!!~~!.Q!?g,:r.t";'..,..,:1J::2:'::,,..::~....:~'!:?::::..,:.,:..~,:,.:...:':'..::..:...:..::,..:..::........ 'f L", -"Jltt!HI ,. ,.,' llt.il]:~ .U...ll'...... ,I.; .-r.n"..:t-<'""'.....-tt-,..,......,+\<.'.. :~~., . " '. ~.._. ;.;J"I'"':)~.... }l!r.i'~, .1;; ;~~;j;I'N ;;~r tv ....:.I.f; '..tr-r,;r~-" 1.h.'.,....;~:'~;fff 11 d:'t..h:..,O;-.,~.-. d -.--....,-',...,....,.................,...,..,..,.,....,",'...,................".., erelOa er ca e e wner, an '::':;:;,';;..;:.,,:;~"'" .,~,,';;'~:";".;,;;., ,,,i1 ",,,,,{) ',.II c' ::",1" 'll",' "f,.",..: ' . .''0' . (f . {. r' ,.......' .." " ..;'.,-, ............ , , R 't;a. &: "..- ~' "1 .... '''o};',," ,", '~" '. ':fa' '. ", "~."a~"..' __-' M'l ":n,H~...,Y'n..:"....;r,'l.m"A,>>a.J:....e:C~,Cl>Tn:rrISed'D, eoz:~.W_,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_,. tnn '! . i -. f,': ./".,.;. .... (! . ~ ". 'r ,;' .} )r... --1' ,ft ." .J,,' .<1 ...... ...: I.. \: " > '\. . ~ , .:. .',,. ',.~ "'.. . ' ,.,., .". ,..- "ll rl H 'I "..0....,.' .,1. "/1r!lI,' '."'~ " '~'i. ~l , Fov'!.fartin of Ho~~ ,u__, C ,,~.... 'X h" f ll'd th A h' '..~.;..,.."'._....,.............:,J!Ijl,"".tI....."""1:1.a.. D.._-r-", ~S ,er~ma ter ca e ,.~, rc ,ltect, . ',...~.. " .',' I.'. I tilt,., . ~ !", ,. t ~ ). J J,J WITNES SETH', 'tha't'wnefas 1h~ Owhef' i'hteri\i; t~, e;:~~t~,il,:CQ;u.:t:.1i~il.~.~..~d,J,qJl ,,;'~i..',"!.l'IC .ll~ IJ~ ~JH.;J: " '~;.. . '~"".. _' '~" ,oJ"', ,,', . 'B" iltUn .. .......buiidin{:..I.:.)2~~V:.:f~...~f;Z,..1 ~ ,J_.:_'I'/11 ": d'.r.I,. I, .' , ' , ,..,~,.....,..!L?!.,:,.........,..B',~,.,~, . -..-...,~J... " . ...., ..,.... .I..::....::...,..... I .... ". '.'" ,... .... -~. .7".., '. " . '1.'(" ,,:jJ ..,' ,.- f, .' ....,... . Illj ., ' 1...n5.1~ ,'I!, 1 :. t1"'.'..hJ ~ th...F l.)lI~J~) . . .' t.~ ~ ., '. , ,. ~. _'~: " Hit ft' :.W:: Um '~1, '1~ "Jl3 ..t'"I~ r:,h . 1 " q ..~r... ..' . ;", ',": ,ui:. '.:'-:,~,: ~.... .:..;... - ~.;:'- .u~!~ ;;.-' -- .;t:,j'. .i~::. ..;. - i-' ~il~~.~ -;~... ..;; ._-. ~7-.:..~.. -.. ..... ~ !_..-:.:u.. ....... u..;;.. -~. .. ..... ~..; .---.~.."...n J '~. . J;.., .....;....:..:.,~:,:..-:.:'I,:,'~,.,:~:~:~~ 'j.U:l ..!..;.t.~~~..~.,_,~.~4~:..~~..';'r_~:-;~:;.:~,.-..'*" I, ,.....,_..'...............,..,.....,..........,...................,...,..,..,..,..,..........,.., hereInafter call ell the Work, -.-- ". -. ., - ,..jl,"" .;~I~...):l,.IL..I'j,.d.JI!'r:!~d;' ."..... . ~~. .... '1 ; . ..J1l"{) '.' i' "t j~~)t,;/1 "'^~'l '" "',i. .n..'j~OWf'THE~EFO'~'EJ;:the Owne~ aR-'d,ithe .A.rchiteq,. fpr"the, considerations h.1t ""~'f 1 .'If () t d' 'l!')'{ +- "l'fl'-I.f~"i'/ 1" r" ~rel!la t~J[,'.l.~m,e",'.l!-g~~e,,2~, qf:~)!S: , 'I' ,", ,"" " "F'~,,' ,\' ',.~ ,1;,(1, .J' f:" .i'~.!~~ ".j., , Ii ...;", U ",,'. :,'^ The,A~chitect(agreesto ,~c:rform, for the above-n~m~1}Yor#; lirof~sion!lJ serv- Ices as hereInafter set forth, ..J, ," ".", ' \'".,, ';, ," ,; ";,, 1'''1 f1 !. ..r;..i~:~lJ...~ . Jt:'fJ~tt,L;J" . . ," ~.... .., " The Owiiet;agree's'to' pay'tile 'Architect for t such! services' a fee oLSi.:i<;..(fll..:..,......, ... 't'.;"" I 1" ; 'i' J" - J" \ . '-'. ..~ . ,I , ".' . C' . .. per cent of the cost,of,the W ork,1 with other 'payments .and reimbursements as herein. after"pr6vided~ <the, said.'pei'cenl1ige being hereinaft~r called,' the' 'Basic:' Rate. ll' (.1' i" f', . Cle,,;., d ",'" I ~ . ,.' '. \. . '. I M' JJ. q. ..'"....,..,,; .'~ . '" ~ J ~ ~ ,l; r 'fj:1 .. :. f' .." t ' :.... t.~ .;,. j "l'i'. .,,' . . l' . 'J .~:-..-._.....-........_-.._......~.........n_...........~.;_....f._.....................-........._-_::....~-~!_~u...............u,1.;...~.....~..u..:..._...u.....;............ ' ' :,:.~..........':: ..:,:,::..,,'...~,'~.. .':", ,~: ~..:: ,:,:" :", ..,::,....o;-...;.~.;:",.,.;; c.,:;!,:'-,~: :"t:,!:" ::!" '-~.:;:,:.:.:.,,~ ;~:. :::.., ,~.., 'T." .'1 tIr.I.:.!}.:! I" 1 IJ,I." /';" I. f...' : .i;~.'"., r Ii f.. "1 J i-HI I"f~ ,1.. ".u.;!. ::I;'n'l.' , . ~ If. .: .j. ,\ I ............... ~_.~.':'.;--.':'i;.~ ~';;7;':......~:.~ ....~...,.:.. i~ ~.~...- --:.:_- .................-_-.--:.......... ....,. .......~. _:::. :~.....~ .: ...... _...... n'~ ;~~ _.. e';;,.......~ ~. h... .1. .. . ...,' i ._. .' .. '- '....i'~ln ~.(; '.JH"'"i \,A":; "i ..'.:,-..l}':':'lL : 'I...: JlI "f ". ,I' J:d'~l~'.' ". "I; !' .. , ' " .' <f'i~ .., , "., ~ 't.. "1 ,', . ,! . ., " .l '.1 ',to .:..'1" j ... 1 ;1 1,.,." ~ l '.. ... ""'.i ''-j ........, .1', It. .1' i/"f'. '. "J," .j ~ 'J ~ i, J j 0(. -l :. ,I.! "I, II .! ',', o,t. .' , ' ~A" 1,:",~ '....:1:.. . : , .. , ' r.. , :-- ..... i:'r.. " ' ;".." , 0 -, :::1 -r.. .:. :;: (, " 1 ~ r'" 3708 qt~." $t-. J'" 1\ -'!/ ' , ~,,;1 .: ,," .: ..... I' ~.: - i;_ :~ .::": I' r;, .J " (. L-- 4XJ. j -:---' " , ' Form A-I02 T~~ft~,.sr~e[e@ :fi1rtije~f..':if~,(t2IQi!ltwJi&jngi O~ct~i!!>rP!9P2r~g. floA~ raSo~~t30ftserVic;e ren. condItion.: . dered' by the 'ArchItect, payments sliall be made I. The Architect's Servl~ ~~ TIler~hiij<i~~ Ui~ti!f-P,e}]igg~~ (at all payments made on BC- professional services consist' of the necessary con. count of the fee under tbis Article, but not in. fereoces, the prepara.tiq!r;!~f r-P!eli~iAA~.~.;>st~di~, ;~clHdiHg~~~9-!.i~le:f~~ "~~ ~~"p'Iov~sions of Article 4, worki~g dra~ngs, sp~t~?~P~1 tt~:!~gt;.~~@~:o~n1.w,,ls~oH~.~eerff;~\}ffi: ~9u~}:.!~;>J~~! rate or rates of com. lull size _detad draWIngs, f~~".'H'shi!~~rM,_JJ!tP?'1~.F~~~~,'P51R~ 'ftQffi;.~}U~d a~I~ement) ~mputed upon ~~~, ~~l~!!,bL~gk",,~~~~\ni;,~,~~~gjcan): 'il~~_~tlierf,,}..}iep~~~ .c?S~,~! ~li;'~~~"~' -.,,".th- th' mct,;uam\:al"'wor ';'~'asslstarice m"".t e , ralungo ....\:'" J. a~ents.Jo.,.t e~.l'1I\;1JltLilttioutl:rIi an'; ase on. forms of proposals. and contract!; the issuance of, his' fee, fall du~ from' time to time .. his work is certilicates of paynient;, }l!e, keeping of acCountsT ,);'doqe or ~. coSts'Y";~curn;d'll ... iT lllI 'IT'' the ,general, ,administraiiori.,oLtlie bUsiness .:ancV' l,.JNoR:ll~uttlwfstshlill1iheV !'lade fr~"-ilie: i\rc!lj- supervision of the Work. ' ,. ",' p, ,: ", "tect.', fee on~aCCouilf of' penalty, liquidated dam- 2. Reimbu~.n~+rhe,",~9i~e!)~ ~~. tejm~........il.f;~~T"or _ ?t~ero\, s,ums" wjth.~~!t ~fr~~ 'E~ymentB to burse-the ^-rcli,teet,the'costs'oj1""'''''.--'' . "~~conrractor'B,'(.....fD '!;l'."n",;"",,;-,-,::,;!.;i"~"fO 'iSh J' ~ _ . . 'rr "i... J] '_ . L_.r.' LiIL ;i,~' Jnfonn:~~on Fumlshlld by k OWner. - ;k{:i"j~,.!~~I"'i""iCI;t;~~5~;;:"~r~:.~~:.t!~Ei,ii~~~bf;y:i'eij14i;~~~~~~~br*r[lliie~r"J~ .<I.. _. vI 'i .ei i lee. I 8~ - :n~.."~ 18. .,....a( . the follot~rlr '~~~it-~.;'~; ,~~ c,o?!Pl~tif1~~~~a~ ~l , ~D'JI.~... Z.61 e IcrT 1:61 . _ [, IB.nl~.u .__survey~.o:.:: e.. Ul '18g..S1te".gIVlng..t e.gra, ~,an . d' of special consultants, and other disb,!rse- lines of streets, pavements, and adjoining properties; me~l,ts oDuhis,~l1DtlapP!oved,by; th~,p:wner. ,the rights, restiicti~n~, e~ments, ~daries, 801 A,I( ~J '"' ,.... H' IJ L_~~.~)., })'l. i.-Hl .~.n~--=-~.'co~,tours~of.~e-.bU11~JJ~g'sIte,'and..full'~n.f~n:nation ...., p SUlg e contrac r any" as to sewer, water, gas and electncal service. The npc;rtiOriS ot,the\Worlt ,1et:iUider;. lcoritrac.ts,,+,.~I)~~ ;\lc!Q;opa'y"J"r\,\l.,!,j!!l~j~!!'iites.t ;p~~:;~d! lor on account of extra service' required" the 'chemical, mechanical,' oi otlier tests wben' re- rate ,shall1:Je fO\ll'I~rlc ,gr:. er"."",d,it,s,!bstail- kquir<cd" ,...,. --w ,-)1">'>" ,:, ,. """''1'" r '1')" tiiillY' aU'th'e-Work" sO 'th'e'high'er"ritf shall '~')'I'he'0Wner.shli1!"provide'aW'lega1O"d\iice' 'ani! apply to the e . e r; 'but there shall be no . 'services required for the operation, . IilUcb inere pn,r ,.nlunibing ,.heatingtdectrical: 1~ 7.7Su.........lon 0' I, 'th",Wat-'o;':;";"'T1h-e A--'-'L.'t~~. .' .... ." ". ~._..___.~ ,....__.~_ , __~.uu,~_:.l .....J. . I""'''.au, .L ". 'If,. ,~_I!l._v"';~_N~~u_~ and ot ,m .cal work" or on any., contracts will endeavor by general supervision 'to guard' the in . nee. ,'!1tJ::.:~~i~ ~\ t<?wne!.d~~:,~~~f~.~,.~~eF ~g~J~h4~et~, 3Il4Jg!R9..~nqes W~1~en!9.~~' aI' sultanta'-'fees,.to ..die Archltect,..or..for'....of.contr:ictors...!iut.ne..does"not.guaranttc.the. per- . .. . r- fo'rmance 'of their' cOntracts. The general super. . ..:.Extii'sei.vl~'~ii 'SPeCliiJ'cases:""lf 'tIie._.r~~.Q~o~!in~~t-~~~~iri~;J~t~/~~i~~l~~il~ Ar.~,~,~ ~!'"fp. o:x!ra ,d!~f~i!!g pr other expense works. _ . . - _ - due to' cnanges'orilereo'lliy ,the .@Wner,--or,due"to......',Wben'authorlZed",by.tlle ,Owner .a-.clerk-of-the. the delinquency or insolvency of the Owner or . works - acceptable' to both. Owner' and Architect Pmtr!lttOr,i,01(as lI~resu!tl o,kc!l!'hage. [by 1!t~, i\1.!tl.l _,bathol ':eiigagei!QbY'1t!ie;lK.:.clJi!ecf.[it]li1salary shall be, eq!'.tably pa.d for such extra expense and satisf!,ct~rr!it!!i0.c;, O~n~~, anc! p,,!!I\,,b~.tJ\e,~e~, the servrce Involved., ;. "" ' " - upon "presentatlOn;"ofMthe"-Arch>tect's.>monthly Work: let. on any cost.plus basis shall be the statements.. - '- subj~t 1:0{ ': a2:sp~1 c1iarge' li';)~llCCord':;-witli 1: thel1 l\':8.,preliffili\8iY~lllilma~i rl'whe~ ~;~uested speaal semce requ!red. , ' . " to do so ili,e Architect\-will1 fmnisb,preliniinary.:es: If ~y work de51gned or. ,peclfie~ by the Arch,I-, timates on the cost 01 the Work:, but he does not teet IS abandoned or suspended,.1D wbole ,or In. ~arantee s;"" estimates.. " 1"" ....' part, .the\~fdiifect:is. to~!be paiaVfot1 tll-e1'Umce t~_.llu'~~~~I"1 Y.t.'~J f'''th'',J';j;:;!...f.. 1:Jf1',Vl,,;/ :'W'I l k. ' d f. . ' b ., ,,' .J 9.......... t on,o e ....,iJt 0...0 at - rmdere on:accQUnt.O.'It.':}mj~/J.~' n~l .~jnt)(tr;rl;q l$Th"'''' n1't"':trf:r~"W' . "in "r'b"t~,.., .~'fT.. "'d' ....":;1'\ ',n:" If Pa .. P th A ch" ' e cost 0 t e or.., as ereln re erre .to, means ,...' ymen....- ayments to e r .tect on' th th 0" b - ucli .. hi' .~.,......,'~ 'f'h.:...If 'Jlb'"II'b'~"'~'i1\ ., ~;f 'II ,~,Jl';"'b' .~~.H:J e~cqst1,to': cc wner, utlS lecost.'s ai. not'jU\-; account 0 . .15 ee S 2i . e ma e. ~s. 0 OWS, su )ect elude..... any Arcliitect's or En~neers' or" Special to the prOVISions ?f Article 4: ,. . Consultants' fe.. or. reimbumements or tbe cost [' ,Upon ,completron. oLthe"prebmlnary,studles, a._.ofTclerk.ol"the-.works:...."-':.., ...--,.. . "........ -- SUID equal to 25% of the basIC rate computed upon ' Wh. I b' . ' 'aI' f ' h d by th a 'reasonable estimated ~t. '. en a or. or maten IS urms e e ," During" ,the"period" ol';prepar.ation "of ' specifiea:--.,.owner.,below".u, market..cost. the ,cost ,0Lthe ,W!lrk nons and general working drawings monthly pay- shall be computed upon such matk:et cost. , ",ents awegati!>g at t}je.!=,Omple,tioll the!el1f_~.S!!!11__.",ldO'~'~~fi_~!'~~ ~I ~1Jmt '~f~_::,:,D~aWJngJth sufficient to increase payments to 750/0 of the r.ate an Specl cabons as I~trumen . 0 servIce are e or rates of commission arising from this agreement, property of the ArchItect whether the work: for <Xltnputed upon B reasonable cost estimated on such whIch they are made be executed or not, and are completed ,specifieanolll and drawings, or if bids ,not to be use~ on other. work ,except by agr~ent have been received, then computed upon the lowe.. -witb the Architect. bona lide bid or bids. II. Suc:c:essora and Au.lgnmenta.- T b e From time to time during the execution of work, Owner and the Architect, each binds himself, his " -' """,= . --~ , ", I .' Ii I I I I I~ I ~ ,~- ~""'IIl -8 70C ,- ~- i J Form A-I02 , partners, successors, legal representatives, and assigns i~ this agreement without the written consent of to the other party to this agreement, and to the the other, parmers, successors, legal representatives and assigns" 1:Z. Arbitration. -All questions in dispute of such other party in respect of aU covenants of under this agreement shall be submitted to arbitra. this agreement. tion at the choice of either party, in accordance with the provisions, then obtaining, of the Standard Form of Arbitration Procedure of the American Institute of Architects. Except as above, neither the Owner nor the Architect shaU assign, sublet or transfer his interest ADDENDA 11.' 1'he Arch.itect ~ will prepare preliminary plans and an estimate for use of the C:ountv in preparing a bond issue. Payment of prelimina~ plans shall be withheld until a bond issue is approved or disapproved. If a bond issu.e is disapproved. by voters, or' for any means the project is stopped at prellmmary stage, the Archftect is ~ue 'th~ lump sum of FIVE THOUSAND DOLLARS;'{$5"OOO. 00) which is payment in full for preHmin~ry services rendered.' If 'bond, issue is ;"'ppro;v;ed. and the Court instructs the Arhhitect to proceed with nna.r plans and sp~~llicati6hs,. thenpaYDJ.ent shall be as noted in Article 5. '. ' ", , '1\ ADDENDA #2~ Architect will furnish a maximum ,of 15 sets of finished plans and speoifications. ~~~d~~~~/L-~~ 4R. (}.v'f'AA,~ '''Z.I4~~?-t~'''''- . d:J~"~ - ,~alI~ y The 'Owner and the Architect hereby agree to the full performance of the cove- nants contained herein. IN WITNESS WHEREOF they have executed this agreement, the day and year first above written. CALHOUN COUNTY BY:~/1~~~ ..''..'''''....h'C'9J.m!:Y...J.!!4glLu.hU"u"U...'''....".'..'.." . . '~"".., f.' ( ATTEST' , ",;;;'''; "L,~.'."'/" . .~,'\".' t tJ..."" '''-1)!J .'::;"~ County Cl~~t~a.~&~o-,C.lerk of the GW>~!~~Ohe,r'~:.,c~ ~c,' ~ of Calh ""--~'^'.~ '" ",.' " n.......l~ ..~ ,;.o:,eta.5"" ';' '" 'c MAR T~ AR HITECTS By: ':~J~tf~.;;-;:.j!;:--'/7"":' ..3' .. BY: .to 1t:4A . . -:.:':.''''',l'' t:r,..;:.' . ',' .... - ",' I .Ii . .\....\~..'",Vd..';':',,>A,., ,:".,"':>'.' , . eo. W. Rustav, Par er I re~'i~PP1.~t+~~j~~g~ing contra~t-'thi~""'u......,........."..;;;.~..~i's~Pt~~b~;'....i9'56 and certUy thai''f~~~ei~'o~,~vVill. be available for the payment thereof when du:. ' '//////,,,1/;111'. . , . " ~. " County Auditor \ ~ ..... _._------'--'-~~- '-..................--- - ~ ------.-.- '------ ... l""" , tE7CJ D . ~....., .... :\. -- .~......- "---" --- --------, --------- --- ------------ I I I ~~/ " . ..' . ,I --. 'I " =' r" '"""Il 371 . CAME ON TO Marquette. 1955. BE HEARD the report of the Courthouse Committee by Phillip A. Committee 'recommenda.tions 'weresarneas 'repoetoflast'"Dec;,- -, - . - - - ~ - - 'I CAME ON TO 'BE HEARD 'a report 'by Mr. Rusta.y-of-the Architectural 'Firm-of- Rustay and Martin. I TREASURER'S REPORT FOR AUGUST APPROVED On this the lOth day of, September. 1956. at a Regular Term of the. Commissioners' Court of Calhoun County. Texas. with all members of the Court being present. Miss Mary Stephens. County Treasuree. presented her report for the month of August 1956. and it having been rea~in open Court and the Court having duly considered the same together with the exhibits accompanying sarne. and hav:ingc,the"ba:).ances,:',cbmpared"in,,-eh13 various"accounts and'-finding ,saidirepbi't to' be;currect,,' on::motion::duly ma.de. seconded and. unanimously ~arried the County. Treasurer's Report for the mopth of September, 1956. be and the sarne is hereby approved. APPROVAL OF PURCHASES FOR SHERRIFF'S DEPARTMENT . , ' ' On this the 11th day of September 1956. at a Regular Term of the Commissioners' Court pf Calhoun County. Texas. with ala members of the Court being present, an motiommade by Ernest RAdtke and seconded by Clarence Barton.tand unanimously adopted. it was decided to accept the bid of the Victoria Typewriter Company. to-wit: I-Royal HH-ll" Elite. Royal. (tax exempt).......$'212.50 Less Government Discount...~....... 10~00 .~O~.;,O Less Trade-in of on~ typewriter...52~00' ~alance.............$150.00 I, ON MOTION MADE by Clarence Barton. seconded by ~. F. ,Kemper. and unanimously adopted. purchase is t.o be made of 24 matresses and 12 blankets from Karney Army ~tore. for use at the County J~il. On MOTION MADE by Ernest Radtke. seconded by R. F. Kemper. and unanimously adopt~d. purchase is to be m~de of one 42.9 reciever on antenna. at an approximate cost of $140.00. installed. APPROVAL OF ARCHITECTS . On this the 11th day of September. 1956. at a Regular Term of the Commissioners' Court of Calho~n CoUnty. ~exas, held in the regular meeting place, of said Court, in the County Courthouse in the City of Port Lavaca. Texas. with County Judge Howard G. Hartzog. presiding. and Commissioners Wedig, Kemper. Radtke and Barton in attendance and Maurice G. Wood, County Clerk present, there carne on for hearing the matter of hiring .architects. . On motion made by Mr. Clarence Barton. 'seconded by Mr. R.F. Ke~per and unanimously adopted. it was ordered that the Architactupal Firm of Rustay and Martin be employed, and that the County Judge 'be authorized to execute the contract, MINUTES AND ADJOURNMENT I (~ '!' On this the 11th day of S~ptember. 1956, at a Regular Term of the Commissioners' Court of Calhoun County. Texas. with all members of the Court being present. on motion duly made. seconded and unanimousJY adopted the Minutes of the previous meeting in September were read a nd approved. . Court adjourned. . ' ~~ ~ounty Caahoun County, Texas I t . . ....' .,oj r"'S72 oo""'lll ~ ~ tt;1 ~ . ... ,". SPECIAL OCT. TERM HELD OCT. 5, 1956 . THE STATE OF TEXAS I COUNTY OF CALHOUN I I' BE IT REMEMBERED, that on this the 5th day of October, 1956, there was begun ~nd holden at the Courthouse in the City of Port Lavaca, said County and State a "'pecial Oct. term of the Commissioners' Court within 'and for said County and State, same being the First Special Oct. Term, 1956 and there were present on this day the following officers of the Court, to-wit: Howard G. Ha~tzog, County Judge Frank E. Wedig, Commissioner PI'. 1 R.E. Kemper, Commisioner PI'. 2 Maurice G. Wood, County Clerk : Ernest H.. Radtke", Commis:;jioner Jlr.3 Clarence Barton, Commissioner PI'. 4 I Whereupon, the following orders were made and entered 'by said court, to-wit: --~------ ..---- ..,-- --.----------.--..------ , . MEMEO TO MR. BARTON FROM: VERA KOLBO , Septeinber 27., -1955 RE: SMITH TOIlD HE'mS , JURY,..OF-VIEW , , ' - GEORGE ..STREET EXTENSION . More heirs of the Smith Todd Es'tate ha-ve' 'appeared on thet scene. . Their claims appear to be authentic, since they were thoroughly familiar with the other histories given in this matter. However,._they'did' not. -know anything about Sophenia Todd(the oldest daughter of Smith Todd) 'and did not recognize Sally Todd Gordon as a.n heir of Smith Todd. They said she.is an 10utsideCchild", and not entitled to inherit. . If it is deemed advisable for the cpunty to pay these heirs, the following interests appear to be substanti'ated .by- .the-i.r .a.f-f.idavi t. (Smith Todd had four children, each of which would have owned 1/1+ of course, of the $150.0ffi awarded by the J,ury-of-v,eiw.. Then one of ,these children, Lucinda, who married Tom Jones, died leaving same tqhis mother, and eventually,it fell to Ella Hubbard, sister of Tom Jones. The other 1/2 of the 1/4 int,erest, or 1/8 ihterest which belonged to Lucinda passed to her sister and two brothers or their descendants, which made each of the surv~ving sisters and two brothers(or their descendants) owners of their original 1:/4 plus 1/24, or 7/24 of the estate.) ,I The 7/24 belonging to Louis Scott Todd would go to his children of descendants. 7/24th of $150.01 would be $43,75 to be so divided, their ~. There are 7 children of Louis Scott Todd acoord~ng to ,these latest (Originally Sally Todd Gordon was' paid on the b,asis of, their being and she legitimate.) These cliamants claim she is not legitimate, children are: claimants. three children and that the 7 , , , , (1) Ethel Todd Williams, 4404 Coke St. Houston, daughtep of Louis Scott and Laura Bivins Todd Carter, the second wife of Louis, (who divorced him in 1915, in Brazoria Co., Texas) .,. . , . (2) Alberta Todd Scruggs 5906 Minden st. Houston, Texas (same) (3) Paralee Todd Jones 4404 Coke st. Houston, Texas (same) (4) Annie Louise Todd Brown 4316 Stomewall st. Houston, Texas (same) , I {:J (5) Lucinda Todd Williams 4404 Coke st. Houston, Texas (same) , James Todd, who is dead, son of first marriage of Louis Scott Todd. His mother is dead. James is survived by a widow, Myrtle Todd, Lockhart" Texas., She is 61 years of age, arid' owns 'Life 'E}itate 'in '~/3 - 6f,'the interest I thl1-t would. have belonged to James. James is ~urvive~ by his son, John Todd, of C/o Cornelia MaeEl::; Washinstn;t,3609 Hare Street,Houston, Texas; and by Iaaac Ervin Pipkin, only son of the daughter of James. Daughter was named Nora TOdd.Pi,Pkin,.and" '..,. is deceased. Isaac Ervin Pipkip./:j.s 17 years, of age. Addressis: CJo ,Corne},ia . Mae Washington, 3609 Hare stree1t;~-'Houston, Texas. . (7) Louis Todd, who is dead, son of the. first marriage of Louis Scott. (6) ,I ,!J\' _.",'J'; . ."-(.J; l .'~ r ""'Il 373 . ; , I Tadd is survived by ane child(anly) Lauise T,ad,d.Waods",af 16).2:,l/2,_22nC!. ,l\.V,enue"' , Seattle, Washingtan. ,. ''''.''--. , IIf these claims are to. be recagnized, then each af these claimants shauld be raid as fallaws: , "" ' ~thel Tadd Williams 1/7 af 7/24, af 1/24 af $150.01, ar ~lberta Tadd Scruggs (same) ~aralee Tadd Janes (same) ~nnie Lauise Tadd Brawn (same) , ~ucinda Tadd Williams (same), . Myrtle Tadd Life interest in 1/3 af 1/24, age 61 yrs. 1/3 af 1/24.af $150.01 is $6.25 less $2[)9 is $4.16 to be divided., ITahn Olin Tadd, 1/24 less 1/2 af $2.08,.ar ~asaac Ervin Pipkin (same) fauise Tadd Wadds (.father.s part-Lauis Ta,dd, -1,/24) L . TOTAL $43.75 the tatal is 1/4 af the part which belanged to. Lauis Scatt Tadd, ane af the 4 children af Smith Tadd. $6.25 . 6.25 6.25 6.25 6.25 I 2.08 2.08 2.08 6.25. " :jp[j.,;3 . 7~ . fon the ariginal repart and arder, and amaunt ($14.91 ea) was set aside far t,h. e nknawn heirs af Lauis Tadd, and James Tadd (Jahn Ta~~'~,addr~$swas, unknawn). rrhese claimants are claiming the entire $43.75 and'ta the amount set aside theBe will need to. be added the sum af $14.91,. which is additianal cast to. the Caunty- (actually what was paid to. Sally Todd Gardon). ~ILED OCTOBER 5,1956 APPROVED IN OPEN COURT this 5th day'af oct.;i956 ~I Maurice G. Waad Caunty Clerk and Ex-Officio. Clerk The Commissioners Caurt Calhoun Caunty, Texas Right of Way Fund PRESIDING. OFFICER,. COMMISSIONERS COURT"gALHOUN,CqUNT%, TEXA~ ~c- ".. .. 'H' " -...- ~,.. .:~ ~:. ~~ ~:. ~:. ~:. . MINUTES ~ this a Special Term af Bay of October, 1956, with all read and appraved. the Cammissioners' Court, an this the 5th members being present, the minutes were ~I "- s",,"" ~ ."-', "" ~ ' - ~~ 'I ~' a- ~. '1? . .... " ],; , ~ ,~ ,. ...,. J'Oj- '"' >,~ i: .~~. " !,~ . .... ..... ~ ,~~ ~-..; -,,\- , "''''",' , ' .... rS74 I I .-- :-"""'Ill 00 ,.,... ~-;""-.j ~ td ~L. . REGULAR OCTOBER TERM HELD OCTOBER 8, 1956 THE STATE OF TEXAS I COUNTY OF CALHOUN 0 BE IT REMEMBERED, that on this t~e 8th day of October 1956, there was begun and holden at the Courthouse in. the City of Port Lavaca, said County and state a R~gular Term of the Commissioners' Cou~t wi~hin and for ~aid County and state, same being the Firsi! Regular octQber Term in 1956, and there were present on this day the following officers of ~he Court,.to-wit: . 1 L HOWARD G. HARTZOG, County Judge " FIlANK,E. WEDIG" Commissioner Pr..1 R. F. KEMPER, Commissioner PI',! 2 MAURICE G.,WOOD, County Clerk ERNEST H. RA~TKE,gommiss!oner ~ PI'; 3 CLARENCE BARToN;Commiss;ioner PI'. 4 :1 WHEREUPON, the following orders were made and entered by said Court, to-wit: - - - - - - - - - - - - - TREASURER'S REPORT APPROVED FOR OCTOBER 1956 . On this the 8th day of October, 1956, at a Regular Term of the ConiInissione:!'s Court of Calhoun_County, Texas, with all members of the Qouz:t being present, Miss Mary Stephens, County Treasurer, presented her. report for the month of October, 1956, and it having been read on open Court and the Court having duly considered the same together with the exhibits accompanying same, and having the balances compared in the various accounts and finding said report to be correct, on motion duly made, seconded and unanimously carried the County Treasurer1s Report for the month of October, 1956, be and the same is hereby approved. It is so oredred~. On this the 8th day fo October, 1956, at a Regular Term of the Commissioners' Court of Calhoun County;' Texas;,' wi th- all members of the Court bei,ng present, on motion duly made, secon~ed and unanimously carried, the following was ordered advertised: ' I: BIDS-CAR FOR SHERRIFF'S DEPARTMENT NOTICE TO BIDDERS Take notice that sealed bids addressed,to the undersigned will be re- ceived by the Commissioners' Court, in the 'Courthouse in Port Lavaca, Texas, until 10 O'clock a.m. on the 5th day of November, 1956, for the following described automobile for use by the Sheriff's Department in Calhoun County, Texas, Each bidder shall file bids as foIlows: BID . . ,,' - One (1) 1957 Automobile, black, 4 door sedan, equipped wlth heater, top , ~@~fit~d^re4 11~ht,_~~~"~~re~,~~e~~~~~d~ot~cf8rs~at~$~efFr~~ ge~;n~ NG.p5DG130026. That prior-to deliv~ry, vehicle'shall bear on both front door panElls the, insignia Sheriff's :Etepartment, Calhoun County, Texas, Unit 403 in the form of a shield not in excess 'of-18n-x,-2lj.1I'; 'with -fhe -state Star in the Center. . bid all . , A certified check in the must accompany each bid. bids or parts of bids. sum of five per cent(5%) of the amount of the The Court rese!j'ves the .:right to reje'ct a:nY or .,l~~~~~:;::~" · ATm~Sr-.';}.tJ:'1>'(f,.":;1.~, ....~;.;. I,F. l i: }l;: ,.~,t';~'~":,*5i~~" # ,:;'j2~j;;>~;; ~.!, '..", -' _ '~~~. ", II,,""" "~" i' .... :<.t"i,,,!~_i:.~ - ~<;~;I _ -y ,:,;.\;.,-;~ :-- , . 'r,' . ",!!;!y" \{R:7 ", ',- ' , ..~.;'''~''~~c<!,,::.,- ;~,..~ :..,.).~__-_<:,: ~~... j~i~t~~~ Howar<l:~a.rtzot" ou 'y udge Calhoun County, Texas . I~ 'J (' ': ce G.b.od")"..oun ", il1'Uili,c6unt'i;,'.<ie "as , ' ,....;': .!P" ' ". '",,' ""..1..;, y :x' !~~,~~l [ /~.,,- -'"'"~- '-._s Of' 'r . l ...,.j r ""'Il 375 ~ . APPOINTMENT OF DEPUTIES , 1 On this the 9th day of October, 1956, at a Regular Term of the Commissioners' Court of Calhoun County, Texas, with all ~embers of the Court being present, upon application duly presented, it is ordered by the Court that Ben M. Thomas, Sheriff, Tax Assessor and Collector of Taxes of Calhoun County, Texas, be and he is hereby authorized to appoint and deputize Arlene Benner, Joyce C. Steele, and Pearl Cornett, for Assessor and Collector of Taxes said office. Said appointments to date from the 8th day of October, 1956, and to continue in effect until revoked by said officer or be otherwise terminated. On motion duly made by Clarence Barton, seconded by Frank Kemper and unanimously carried the above appointments\,were'unade. ~- -- - - - -~- - I APPLICATION OF LAVACA PIPE LINE CO. FOR AN EASEMENT AND RIHHT-OF-WAY EX PARTE: APPLICATION OF LAVACA PIPE LINE COMPANY FOR EASEMENT ' UNDER AND ACROSS PUBLIC ROADS AND STREETS o o o o o IN THE CONMISSIONERS COURT OF CALHOUN COUNTY, TEXAS .' TO SAID HONORABLE COURT AND'THE MEMBERS THEREOF: NOW COMES LAVACA PIPE LINE COMPANY, a private corporation duly in- corporated and doing business under the laws of the State of Texas, and presents this its appl$cation to this Honorable Court for authority for itself, its successors and assigns, to construct, reconstruct, reapir, maintain, and operate an eight, -i,nch(8"-)- gas pipe line under, through, and acorss certain streets situated in the.Townsite of Olivia in the County of Calhoun, Texas, and under, through and across certain public roads in the Wo~f Point Ranch Subdivision of the Wm. Arnold League, Calhoun County, Texas. Said proposed easement is to be fifty (50) feet wide, being twenty- five feet (25) on each side of the hereinafter,described centerline. TRACT NO.1 . .:1 Along D Street in the Town of Dlivia, between Fifth Steeet and Seventh street and along Seventh Street, between D Street and the E st limits of the Town of Olivia. . a Said center line begins at a point which bears N. 88 deg. 49min. 46 sec. E a distance of 68 feet and S 01 deB. 10 min. 44 sec. East a distance of 680 feet from a concrete monument the Northeast corner of Block No. 20 in the Townsite of Olivia, Calhoun County, Texas. , ,Thence N 01 deg. 10 min. 44 sec. West parallel with and 2 feet from the East line of D street 748 feet to a point where the line makes a 90 deg.OO min. 30 sec. angle to the right, said point bears S 01 deg. 10 min. 44 sec. East 2 feet and S 88 deg. 49 min. 46 seC. West 2 feet from the Southwest corner of Block No. 12 in the Townsite of Olivia; Thence N 58 deg. 49 min. 46 sec. E parallel with and 2 feet from the North line of Seventh Street, 1440 fee~ to a point where the line makes an 11 deg. 18 min. 16 sec. angle to the right; Thence S 79 deg. 51 min. 58 sec. E. 25. ~9 feet to a point in the East line of theTown of Olivia, Clahoun County, Texas. . TRACT NO. 2 \, Down County road between Sections 14 and 17; 15 and 16 of the W. D. Mitchell, wolf Point Subdivision of Calhoun County, Texas, and extends from the East line of Townsite of Olivia to the County road through the Arnold Koop Subdivision of Part of Lot No. I, Block No. 16 of the Wolf Point Ranch Subdi~ision of the Wm. Arnold League; ~aid center line begins at a point in the East line of the Olivia Townsite, same being the West Line of Block 14 of the Wolf Point Ranch ~ubdivision of the Wm. Arnold League, said p6int bears N 01 deg. 10 min. 14 sec. W with said West line approximately 28 feet from the Southwest corner of said -, -,~----, " Block No, 14; Thence S 79 deg. 51 min. 58 sec. E 25.49 feet to a point where the line makes. a 11 deg. 18 min. 16 sec. angle to the left; Thence N. 58 deg. u9 min. 46 sec. E. parallel to and 23 feet North of the South line of said Block 14 and part of Block 15 of the Wolf Point Ranch . Subdivision, 9402.3 feet to a point where the line makes a 06 deg. 11 min. angle to the right; . Thence S 84 deg. 59 mi~. 14 se~. E. approximately 565 feet to a point in the East line of the afo~ementio~ed road ,in the Arnold ~oop Subdivision, Same being the West line of Lot No.1 of said Arnold Koop ~ubdivision, said point being S. 06 deg. 45 min. 16 sec. W said East road line and the West line of said Lot No.1, approximately 38 feet from the North ,line of .Lot No. I, Block Nl. 16 of the Wolf Point Ranch Subdivision. , ,l. '1,( , "-'" ..,,: " .,' ..' _I~ .' , . ~\ ::r' ~ " . ... "-376 00 ~ ~ e:e N_ .~ . . , , Length of Pipe tine 12, 206.28 feet: 739.77 rods. .Applicant,represents to the Court in. support of its application that due care will be exercised in the construction of said'pipe line'so that it will not impede traffic or the maintenance of said public roads and t streets, and that such'public roads and streets will be promptly restored to their former condition of usefulness, and applicant further agreestthat if said public roads and streets are changed, that said applicant will at its own expense mower the said pipe line and/or move the pipe line to the bar ditch, to meet the requirements of the Commissioners Court of Calhoun County, Texas. .' WHEREFORE, premises considered, appl~cant prays and petitions this Honorable Court to grant to applicant the right to construct, reconstruct, repair, maintain and operate a gas pipe line under, -through and across'the public roads and streets hereinabove designated and described and that this . Honorable Court make its order ,and-,cause, .the, 'same, .to ,be entered -i'n' t.he' -' - - -, , - minutes of this court approving the application and authorizing the exe- cution and delivery of a suitable easement and right of way grant from and on behalf of Calhoun County and this Honorable Court to applicant, securing to applicant in recordable form the easement and right of way and the rights and privileges here now prayed for. Applicant further petitions this court to make and enter such other and further orders and to execute and deliver such other and further grants in behalf of application as to the said court may seem proper. I I LAVACA PIPE LINE C01.u'.NNY . by 'D ~D. Boyd t Attorney. - , - - - - - - - , . ORDER c. 'EX PARTE' , . t APPLICATION OF LAVACA PIPE' LINE COMRANY FOR EASEMENT UNDER AND ACROSS ROADS AND STREETS BE IT REMEMBERED THAT on this the 9th day of Octoher, A. D. 1956, came on to be heard and considered by'the Commissioners Court the application on this day filed with the Clerk of this Court by LAVACA PIPE LINE COMPANY ~'or an: . easement and right of way to construct, reconstruct, reapir; maintain and . operate an eight inch(8") gas pipe line under, through and across cevtain public streets situated in the Twonsite of Olivia in the County of Calhoun, Texas, and under, through and across certsin public roads in the Worf Point RanCh Sub- division of the Wm. Arnold League, Calhoun County, Texas, described in said application whereupon the Court, being in regular session, proceeded to consider said application and to hear evidence in support thereof. No objection was made to said application and no protest was made against the granting thereof and the Court having duly considered the same and its merits and the evidence in support thereof is of the opinion and finds that said application should be granted, and that Howard G. Hartzog, County Judge of Calhoun County, and the presiding officer of this Court should be duly authorized by order and judgment of this Court to execute and deliver tq t he said LAVACA PIPE LINE COl1PANY the easement and'right of way described in said applicati9n." ,. IT IS THEREFORE ORDERED, ADJUDGED 'AND DECREED by the Court that,Lavaca Pipe Line Compan);t is hereby granted authority for ,itself, its.successors and assigns to construct, reconstruct, repair, maintain and'ope~ate an eight inch gas pipe line under, through and across certain streets situated in the Town- site of Olivia in the County of Calhoun, Texas, and under through and across .certain public roads in the Wolf Point Ranch Subdivision of the W~. Armold !League, Calhoun County, Texas. 'Said proposed,easement is to be fifty feet' wide, being twenty-five (25) feet on each side of the hereinafter described center line. I IN THE COMl'lISSIONERS COURT .-.. -'.- I I , OF I 0 CALHOUN COUNTY, TEXAS I', . . I TRACT NO. 1 . . Along D Street in the Town of Olivia, between Fifth street and Seventh Street and along Seventh street, between D Street and the East " limits of the Town of Olivia. Said center line begins at a point which bears N. 88 deg.49 min. 46 sec. E. a distance of 68 feet and S 01 deg. 10 min. 44 sec. ,.;East a distance of 680 feet from a concrete monument the Northeast corner of Block No. 20 in the Townsite of Olivia, Calhoun County, Texa,s; Thence N 01 deg. 10 min. 44 sec. West parallel, whth and 2 feet: from the East line of D Street 748 feet to a point where the line makes. a 90 deg. 00 min. 30 s~c. angle to the right, said point bears S 01 deg. 10 min. 44 sec. East 2 feet and S 88 deg. 49 min. 46 sec. West 2 feet f:..: :\'. I... ~ - . . ..... r ""III 377 ----~ . 1 rom the Southwest conner of Block No. 12 in the Townsite of Olivia; Thence N 88 deg. 49 min. 46 sec. E parallel with and 2 feet from the North line of Seventh Street, 1440 feet to a point where the line makes an ~l deg. 18 min. 16 sec. angle to the right; I Thence S 79 deg. 51 min. 58 sec. E. 25.49 feet to a,point in the East fine of the Town of Olivia, Clahoun County, Texas. f;['RACT NO.2 II- 'Down County road l;)etween Sections 14 and 17; 15 arid 16 of theW. D. Hi tchelih, Wolf Point Subdivision of Calhoun County, Texas, a rid exte;nds from ~he East line of Twonsite of Olivia to the County road through the Arnold I ~. Koop Subdivision of Part of Lot No.1, Block No. 16 of the Wolf Point Ranch pubdivision of the Wm. Arnold League; I Said center line begins at a point in the East line of the Olivia Town- site, same being the West line of Block 14 of the Wolf Point Ranch $ubdivision bf the Wm. Arnold League, said point bears N 01 deg. 10 min. 14 sec. W with said West line approximately 28 feet from the Southwest corner of said Block . o. 14; , , I Thence S 79 deg. 51 min. 58 sec. E 25.49 feet to a point where the line makes a 11 deg. 18 min. 16 sec. angle to t he left; II. Thence N 88 deg. 49 min. 46 see, E. parallel to and 23 feet North of the- South line of said Block 14 and~part of Block 15 of the Wolf Point Ranch ~ubdivision, 9402.3 feet to a point where the line makes a 06 deg. 11 min. i!lngle to the right; -- II Thence S 84 deg. 59 min. 14 sec. E. approximately 565 feet to a point in the EAst line of the aforementioned road in the Arnold Koop Subdivision, ~ame being the West line of Lot No.1 of said Arnold KooP,8Ubdivision, said ~oint being S 06 deg. 45 min. 16 sec. W said East road,lihe_and the West line ~f said Lot No.1 approximately ~8 fee~,from the North line of Lot No.. 1, lock No. 16 of the Wolf Point Ranch ~ubdiviaion. Length of Pipe Line 12,206.28 feet = 739.77 rods. I, . I, PrOVided, however, that the grant of this easement and right-of-way is made, and the instrument hereinafter provided for is to be executed, on the ~ondition that such pipe line is to be constructed so as not to i~pair'~raffic or the maintainance of said public roadways and streets a nd that t'ollowing the laying of such pipe line that such public roadways and streets will be pro~ptly restored to their former condition of uset'ulness. Applicant further agrees that it' said streets and publiC roadways are widened or the location of said streetssnd public roadways changed that said applicant will at its own expense iliower the said 'pipe line and/or move the pipe line to the bar ditch to meet the requirements ot' the Commissioners Court of Calhoun eounty, Irexas. It is further ORDERED, ADJUDGED, A ND DECREED by the Court that Howard G. Hartzog, County Judge of Calhoun County, Texas, shall, and is hereby ~irected, on behalt' of this Gourt to execute and deliver to LAVAC~ PIPE ~INE COMPANY an easement and right-of-way in recordable form shoeing the ~rant by this Gourt of said easement and right-of-way for the purposes and fnly the purposes above mentioned and subject to the conditions above set !forth. . \" Howard G. Hartzog, County Judge I Frank ~. Wedig, Commissioner Precinct No.1, Calhoun County, Texas R. F. Kemper, Commissioner, Precinct No.2, Calhoun eounty, Texas I: " -,." .~ -~- . ~ - "'-. Ernes.t Radtke~' COmmissioner,' ,",'0 .. ... P~ec:inct No.' 3',' .Calhoun County:,' Texas" . ~'tT:E.S,':Q: G;i$.r~r;ce~ t;$.r~;;;n;, coImnissioner~~ Rre'c:l'nct; No,.. 4'" G.a:1houm C,ounty", T6JtaSJ M~\h>~ G:;-~d'.. 00tlrt~-cij:~~ ... r"378 00""'II1II ~ ~ e;:e "-'L . ACCEPTANCE OF MINUTE ORDER NO. 40655 . TEXAS HIGIDvAY DEPARTMENT Yoakum, Texas September 21, 1956 . State Highway 35 Calhoun County . Hon. Howard Hartzog County Judge~ ~Calhoun County Port Lavaca, Texas Dear Sir: I , . , I For your information, the State Highway Commission passed Minute Order No. 40655 on September 19, 1956, as follows: " !'.WHEREAS, in CALHOUN COUNTY on STATE',HIGHWAY 35 rr~m u. S. High~ay 87 at or near the West City Limits of Port Lavaca to t he east limits of Point Comfort, the Highw~y Commi~sion by Minute Number 34958 authorized advance planning and submission of right-of-way deeds, to the ,local authorities on condition CalhQun County and '.' ','<the Cities of Port Le.ve.ca and Point Comfort would "! fq,rnf,sh a minimum DD 230' right-ot-way free of cost """, ':"tci',t):ie':';S.te.te a nd accept the provisions ot t,he Comroiss- "~I' .:,';;,,;', / i~m.;ord~r ltithiI'l120 days; and . " >.' , -"',"- ..: .', . -"''.;".'.- >.j .I.~... . ",' , , _,'}" ~i:'>':,nWHEREAS':,)Calh~ur; County'and the Cities of Port Lavaca ^,"'< " ,/'\: :aJap."Boint':Com.;'ort, a:c(:~pted th~ provisj,ons o.f ,the , ":~>':";;''- Qqimnis,SioJ;l O:t:'der anq the S,ifiate Highway Department has ~ ".' ,",1'" ,- ~ ',;;' ".. , .. ,.... . .. " '>,'" ,fypn;Lsheg ,t_he _loc~l governmental agenc~es ~nvolved with 'rj"g'hi;.-:-of.,.,wall; deedS and:'"approximately 80% of required ilight-of';;way has'bee,n,-,s,ecured a nd the balance will be >' obtained.wit~inthe':r1ext 60 days; and . :: ? t'Y.- '-. , (.." 1.1 :: :r ~ ,. ~..': ,:'c .' " .- " d.....,.: ~';/ ':'; <'j " , .....,.,. :!'WliEREAS, 'the,'preel,ent inadequacy of the causeway and a approaches acrclli's':'imd adjacent to Lavaca Bay and the rapid' irtdustrial development of adjacent areas and steady increase in traffic volume requires that arr- angements. be"'miide for the construction of a more a6e- quate facility across Lavaca Bay which wil~ provide for the sate 'an<;t:eJ>pedi ti ous movement of present and anticipated,:;tuture tra,ffic vo.lumes a,s soon as funds . are available. .' , j I , " .. q, -- "NOW" THEREFORE, IT IS ORDERED th,at the state High- ., :way ~ngineer establish navigation clearances and proceed with surveys and plans for the construction of 'Lava ca. Bay Causeway and approaches, e. distance of ,apprqximately 3.8 miles, at a total estimated cost of approximately $6,900,000.00 and when plans co~ering proposed improvements are complete, to bring the pr6ject :--,-back"to the attention of the Highway Commission for < '!'inance consideration.-"-' - - ' , - - .' ' . Yours very trTllly, . .", ' ";) ~ ,. . '.(,", "".; "'''', "l:: Ie " '! ~.:... :~"~:. :' :."t;..., > Signed ____.__ -- -- ..--' --' -- -- -- -- -.-- 'M. G. Cornelius . District Engineer , I ACCEFR'ANGE:;ORIlER ", /-,-" ..,. 'ori,motiO'n duly made by Frank E. Wedig, and seconded by Clarence the',.Comrruss,j,oners Court, ,of- Calhoun'C?unty,T~xa~r unanimously adopted following:9~der of acceptance: ' :~. . ,,' ;,'. ...: 't "'"-~- .. '"'~ Barton, the ''''I'' -'d. ACCEPTANGE~OF STATE HIGHWAY DEPARTMENT NO. 40655 September 19,1956 I " , '. ""', ON MOTION made by_ Frank__Wedig,_seconded~by Ernest Radtke and ""'\,manimously passed the following. -),"" REsolution was dy:ly adopted.', - ....,:; " B e .-.-.,... "~--.~ -.-~. t ~O; ~ . , , ...III ,-~. ...:...... ". 319 "'ll ~ , . I Be it Resolved by the Commissioners Court of Calhoun County, Texas that minute order no. 40655 of September 19, 1956 of the State Highway CommissionH of the State of' Texas, pr?viding f'or the construction of an adequate causeway crossing Lavaca Bay, a distance of' aproximately 3.8 miles at an estimated cost of $6,900,000, be in all things accepted, and the Commissioners Court agrees and binds itself to do and perform all things required under said Minute Order No. 40655, and gives assurance that all right of way for such express way and approaches to t he causeway has now been secured of' will be obtained by final orders of condemnation on the 20th day of October, 1956. Respectfully submitted Commissioners Court of Calhoun County I Howard G.Hartzpg, County Judge ATTEST: . Maurice G. Wood County Clerk , cc: Mr. DeWitt Greer, State Highway Engineer Mr. W~ A. King, District Engineer Mr. M. G. Cornelius, Division Engineer Mr. E. H. Thornton, Jr., Ch.airman Highway Commission - - - - - - - - - - - -. - - - TAX ASSESSOR AND COLLEDTORS REPORT FOR SEPTEMBER APPROVED I On this the 9th day of October, 1956, at a Regular Term of' the Commissioners' Court of Calhoun County, Texas, with all members of the Court being present, Mrs. C. B. Guidry, Deputy, presented her report f'or the month of September, 1956, and it having been read in open Court, and the Court having duly considered the same together with the exhibits accompanying same, and having the balances compared in thecvarious accounts and finds that said report is correct, on motion duly made, seconded and unanimoualy carried, the Tax Assesor Collector Report for t he month.3of:'September, .1956, be and they are, hereby approved. - -.- - - - - - - - .. - - - .. - - - . CLEA~ING RIGHT OF WAY ON MOTION made by'Frank Wedig, seconded by Frank Kemper, and unanimously carried, it was ordered that Ernest Radtke, Commissioner of Precinct No.3, proceed to remove a building on the D I O-AFL property in Highway 35 to the warehouse site at Olivia, Texas. ---~--~.~ ---.. - - - .. - - - - - - - - - - - - - - - PRECINCT 3 WAREHOUSE LEASE I ON MOTION made by Frank Wedig, seconded by Clarence Bartor, and unanimously carried, it is ordered that the Commissioner of Precinct No. 3 be authorized to negotiate a lease from Richter~Swenson, from the area between. Highway 72 and present County Lease on the Richter property. I ~IGHT OF WAY MATAGORDA SHIP CHANNEL ON MOTION made by Frank Kemper and seconded by Frank 'Wedig, the follow~ing resolution was unanimously adopted: BE IT RESOLVED that whereas Calhoun County Navigation District, in order to comply with its agreements to provide the necessary right of way, branch channels, turning basins and spoil area f'or deep water development in Mata- gorda and Lavaca Bays has made application for the purchase and patent of same 46,657 acres of submerged :!Land, ahdwhereas under the law creating the District the approval of such application is reqUired and whereas the Court finds it to the best interest and fullest benefit that such submerged ~ands be acquired therefor. It is hereby ordered that such approval he in all things granted, and that a copy of this resolution be forwarded to t he General Land Office of Texas. H ATTEST: '~~Zo~~ Calhoun, County, Tex~s 1 . , r,J<f;'1 .. _.L. /ii;l;Il~~j;,y..=~ " ... ..,j ""-380 . ',--....,..- ; ',;-1," SETTLEMENT WITH GEORGE JOHNSON ON MOTION DULY MADE, seconded and carried it was ordered that the Court agrees to move the home of George John~on, on' the. John Garner property,to , a new location as settlement of damages due him as a tenant, and to construct water conductor from the Garner water well, to be paid out of Right of Way Fund, , ----- ----------- MINUTES AND ADJOURNMENT ON THIS THE 8th DAY OF OCTOBER, 1956, at a Regular T~\rm .of' the Commissioners' Court of Calhoun County, Texas, with all members of the Court.being present, on motion duly made, seconded and unanimously .dopt.d the Minute. 0' the Provioue _Oting ;~~~~ ___ Calhoun' C'ounty';' Texa,i9'" , ' Arprf'lT."_'rr. . _.l . ,... SPECIAL NOVEMBER TERM " , HELD NOVEMBER 5th, ,1956 , THE STATE OF TEXAS I COUNTY OF CALHOUN I BE IT REMEMBERED, that on this the-Sth'da':('of'November-1956-;'th'ere-Va-s'" ,-, begun and holden at ~he Courthouse in the City of Port,Lavaca, aald County and State a Special Term.of the Commissioners' Court within and for said (;oUl?-ty and State, same being the.First Special November Term in 1956, and there were present on this day the following officers of the Court,. to-'tit: . Howard G. Hartzog County Judge ' Frank E. Wedig . Commissioner Prct. 1 R. F. Kemper Commissioner Prct. 2 Maurice G. Wood County Clerk Ernest H. ,Radtke Com:riiissioner .Prct. ,3. Clarence Barton Commissioner Pret. 4 WHEREUPON, the following orders were made and entered by said Court, to-wit: , " REQUEST REFUND ON L. M. FISHER SURETY BOND STATE OF TEXAS -0 COUNTY OF CALHOUN 0 IN THE - .. - 'COMMISSIONERS'" COURT ON THIS, THE 5th DAY OF NOVEMBER,1956, at Port Lavaca, Calhoun Co~nty, ,Te~a~, at a Special Term of the Commissioners' Court of said County, with'the following present to-wit: ' ~~ Howard G. Hartzog County Judge Frank E.Wedig CDmmissioner Pro 1- Ernest H. Radtke Commissioner Pro 3 Maurice G'., Wood County Clerk R. F. Kemper Commissi'oner Pr.-' 2., Clarence Barton Commissioner-Pr.4-_-'.-----------. WHEREUPON the following order was made and entered by said Court, to-wit: It having come to'the attention of the Court that the State Comptroller of Public Accounts and the Count"y Auditor, each l;aaVe filed rep'orts releasing Leonard N. Fisher froI1l all iiability as County Tax Assessor" Collector, it was moved by Mr. Clarence Barton that the Casualty Companies affected be notified, so t hat the unearned '~premium on Mr. Fisher's surety bond may be re.flwded to Calhoun County. The motion was seconded by Mr. R. F. Kemper, and unanimously carried. IT IS SO OREDEED. County Judge, Calhoun County, Tex. ATTEST: APPROVED: Maurice G. Wood, vounty Clerk James F. Houlihan, (Jounty Auditor l 00 ~ ~ t;t, . I I . I . I, , I . ..,.j ~ 381 ""'l ~ - . I BID ON SHERIFF CAR ACCEPTED . . . ~ ON MOTION MADE by Clarence Barton, sec~nded by R. F. Ke.mper, and ~nanimouslY adopted to accept bid of Marshall Chevrolet Co., Port Lavaca, Texas, as the lowest and best bid. It was oredered that ypon delivery that the bid bond of, arshall Chevrolet be returned and that Marshall Chevrolet Co. be issued a ~arrant in the amount of $939.70, bid dollars, plus the sum of $630.65 for, optional accessories, as determined by County Auditor. $1440.00 trade in allowed. Base 8id.......$939.70 Optional accessories Carburator..........$242.10 Transmission.......: .59.20 w/s/Wiper........... 11.30 Generator........... 234.00 2 way radio conduit ............ 65.68 Fan.............l... 1.47 Shock Absorber...... 16.90 Total $ 1~'70.j~~. . I INSURANCE TO COVER TAX COLLECTOR . On motion made by Frank Wedig, seconded by R. F. Kemper and unanimously adopted, the Court authorized, upori recc'omedd-a:tiori of' the "ounty Auditor, purchase of burglary and hold ~ insurance to cover the receipts of the County Tax Collecto~. BUY STORAGE TANK On motion made by J'!r. Clarence Barton, seconded by R. F. Kemper, the Court unanimously agreed toapcept~the bid of Imperial Iron Works, of San iAntonio, 'rexas for a 5.000 gallon, above ground storage tank, 84" dia. x 17'5" long, mad~ of 3/16" plate, with 20" manhole with 1 coat of aluminum paint. Price $583.00 I PAY COURT COSTS IN COMDEMNATIONS On moti~n made by Mr. Frank Wedig, seconded by Mr. R. F..Kemper,and unanimously adopted, the court ordered that the Court costs be paid in the seven condemnation cases following: . Pearl Wilson, Cause No. 534...........1l44.35 John Garner et al Cause No. JI &~- '} ? - 532. . . . . . . . . . . . ..' " Wilson, Noble, Boyd Cause No.53?................. 88.05 Bauer-Smith et al - Cause No.535 .................. 79.85 Kemper-Lawler Cause No.533............ 72.65 Wilson, Cause Nol538.................. 80.50 Wilson, Red Barn Tract Cause No.536.................. 61.60 ----------------- ORDER ON AWARDS AND COSTS .. '". STATE OF TEXAS - -, ~ COUNTY OF. CALHOUN ~ IN THE COMMISSIONERS COURT I CONDEMNATION STATE HIGHWAY NO. B5 I There came on for consideration the request of the State Highway Department, that Calhoun County provide the State Highway with immediate possession of each of the seven separate tracts duly condemned by the County for and in the name of the State, and that the attorneys representing Calhoun County in such causes inform the Court that in order to take immediate possession, the County is re- qUired to pay to the County Clerk the Court Costs in each individual case, and deposit in the registry of the Court, subject to right of withdrawal by the defendents the full amount of the award in each such case; THEREFORE, ON MOTION DULY MADE by Frank E. Wedig, seconded by Ernest H. ~adtke, and unanimously adopted, it was oredred that all Court Costs be paid a and an amount equal to the award of the Commissioners in Condemnation in each case be paid out of the right of way Fund and deposited with the Clerk of Calhoun County Court in the Following amounts in the following individual cases: ? . .. ~ ""-382 " ,', / 1. state Vs No. 537 Award $5,804.69 2. state Vs No. 536 Award $9,943.59 3. State Vs No. 532 Award. $23,630.56 4.State Vs No. 538 Award $12,538.60 5. state Vs No. 533 Award $6,745.03 6. St:ate Vs No. 535 Award $16,817.26 Defendants D.D. Boyd, et _~J,__ Costs $88.05 ' . Defendents Willet Wilson, ,et al Costs $61.60 . Defendent John A. Garner, et al Costs $65.35 . . Defendant Willet ,iilson, at al Costs $80.55 . . .. . .. . .. ~ .. .. Defendant Kemper-Lawley. Co, Costs $72.65. ........... . ;; ;. '. . . .. .- .;. ~ . . Defendant H. C. Smith, et al Costs $79.85 .. ....... .,. . ~ . . .. . . .. .;. . . .. . . .;. .. . 7.State Vs No. 534 Award $4,018.00 Defendant Pearl Wilson,.et al Costs $44.-J5' '-. . , AND BE IT SO ORDERED, and that a copy of th~s-order-be filed ~n'each of the above causes, together with an individual order in each cause. ~,~' Calhoun County, Texas ATTEST: Maurice G. Wood, vounty Clerk 11-8-56 INSURANCE - -~- - Mr. Robert C. Stewart, of Farmers Group, appeared and requested consider- ation in the division of County,Insurance. On motion duly made, seconded and carried, it was ordered that in the next division of insurance, 'that'Mr-'- Stewart be notified and considered.. MINUTES At thfs a Special Term of the Commissioners' C;urt,';~'thi~'th~' 8th day of November, 1956, with all members being present t ~nutes were read and approved. ' .', .' t'L~ ,owar,::.. .a~ '~9~1:~eY calhoVn',CavntY"Texas . ... .. . .. . . ~ .. . ... .. ... . .. .. .. ;, . . ;. ~ .. ; ~ . .. . .. . .. ... . .. . t l ~ 00 ~ ~ eo . l,\ I: I . I . I, I. . ..,.j ..38~A -, ,/ I, .' J ~1'-- L__'___ ...:Ii 1 -.>0-........ ~~- -,- / ~=' I \ I I lY, NOV'EMBER '15' 195G ..v_._-. .:':':$".. ~~._ _, .~.~.___-.....,.... .-t..-_..~ IB.ghiauG~'e'~ latatorda I$land loads . ' THE PORT LAVACAWAVE -, .~ . I~ , , I This waS the end' of highways, RocKroIrl'.-cJalh,!lun' County the, plhture, several homes and- on St. Joseph's and Matilgorda" rlghtS-of.way and highways on ,businesses were establiShed .and ,Islands. The rightful Owners i .Matilg<>rda IslaM, the object of a ~nited States 1I,ghthouse was --dl9p09SeSSed by the 1 damn ,a ,bitter ,squaJjble, between the bUIlt. At the begmmng of the, Y-a'nl<ees; a statl! ot,afialrslwhich' ,Air Force anCl'theCalhoun Coun. Civil War; Salurla was a thriv. . seeinll:ldlolit to-ci1appen Qg~ln: ,ty Commissioners' Cqurt, dates 'mg port ,and randhlng center'l' ~;t~n '~nty now: 11:"1' _pub. from ,before the Civil War, and and a considerable population" ,-lIc road rlghts.of.way,from 'Port' ' were 'formerly stage routes over had grown up 'along the two' (O'Colllior to ~Plllj'Tda I whil:l1:- w'J1dch the mall was carried. "islands, Mlatag<>rda and St, Jos- ,~wias, tlirmeT~setile,~"bY ferries _ In tho~ dll,YS (about.J~l the ~*,h:~ed by the stage line -Il!fOsslng 'Bro~4"~ a!d', Sa. mail was tirst.,ta~'"P tipIf' In, ,t -at -had 'its sout~er!, te~lnal' :'~,'l' " " '. 'l"I1e9,.llght!i-<<.w.w, dianola to Salhrla, 'an earlY set. In' a two-story bUlldmg m the :r "i',' , '1 ojJii1i>:ola' Ii#~Ys, , tlement on 'the north end of Mat. little, commull'iy of- Aransas ';" " ," ,.' ifllJlitjsl~ ~I~ , agorda Island, and from there Wharf. ' '~'''~~,of Salurla,It~, was oarried, on', horseback down In February, 1862, when a Yan-"I!li!rilt'~lt'W~", ,I~" ,the length of the iSland", across '~~blockade of :hIs coas~ was" ,n~!!8 ~'~,:P~YG l.\blm, ,Cedar 'Ba~ou, and, along the 1D the making, Major Forshey,'p'p,,~@:~:~'~-'ijb ,Gvlf ',poarl;l of St. Joseph Island to. a >In command of Fort Esperanza,- ~,<!ftlI:I"!~'.tli-"fe' ,!W J1!l\nt 'a~l't opposite the old, reported: J'~ ~1\1t 'all~:'.t.Jte t '(>'l1IP9' ,lg.htIhouse w1;l1h sUU 8ta.n~ on, '. "The, mall has not ;~et been a Sal"~lar.'w.I~(V'at<lous Cl'O/!Srqa~' , H~, .Island. At tli,l" ~t, disturbed;' .but.' theslC!)ntractor, \-=-"'-'~' .d.~_ ':.- , ; c'''!!, :tb'. a ~ (~~~'=":"a1ri'ed; ,'<i'p.ture of his ':b,<!~ ~m Cor. to,Iandlngs on'San AntOniO and '1'ti'~,wlla l!-" "",--,-,--,,-,'t';" -: ....""'... "al"l.p J!I!:'Oh.rillti"t!>:N~l!!!' Th,,,~lstaJi:e,E SP, Ir,ltu S;mto,B,' l!lYS', , '\ ,"'. ~e., = ;ne w.....' m ,_ ,do""' the.>lS1<>."d~(""'m this' ' .....'" 'd' " 'WIis',taken .to Rillkport' by' beat.' -:"""'" -, :'" ". ',' :.", ." :", .' >""!Ie ro,,: S are, cov~tI!d by ~e , ' ' ',' " J '," " 'L;, pJ~ __(~,alur.!a) ,-,~galI\,' t!>mot;, ,. , ->:' Fqfce, W~ch 1l!\(l Wed notice 1~,r.#eeEt)1, e'l\'w,';\,,!I,~~, roarra, ")~ '~Fi'" ,... I',. "" b' ruary' .~' at'lt Intl!,ncJs to"\nstitute con. I ' ea~,WhiCIl' leU t veu\4ys-,a~r,o",J7e ._.-d'....t~. .J"'deed1n'" t 6, ,Oth,:' '" "e%litlP..Ur: ,lhSl)p'8;2~~,,' th~ 'Majoi.3.i;,a1idV;ii,te;; hlS"~, il\li fh~,ciihoun 'CO, ',t';.t; d:,:f-: 'Sl,ough, wfuiTe the,stages,srossed, sUpjlrlor., , . ',,, , " " " """ " ",,, I ""';'" 'I' .". 'i "'~:,"'<" ",..''''ta' ',CO< ",' "1--;;,';I'n' 'Jj k' h s pos m~loners Court Is tlghung, C,rar" aY:Qu =, een...... gar, " ',' U '^'!'a~ g, ,ar , , a , ", ' ~a::i:/i ,st'~,~!ll!1l ,~r~aSlI8., .~' of 'sess,' Ion of '1$e: Pass',' '~t Ar,' ansa, 8', 'F'" ' ' 'tJie;m'iJj alId 'irtirtii!li was- often' but has, not yj!t",pl!'bt~d, ~hs' 1 ' ,.1nteI'fered with bYllroper1y own. :<iit' the-,shof!i;' ,thaf:the ,mall-boot' 11 ers on ope ,pretext -or-ano'thei. ' ,liaS' Ceased to run', ~.:nd ,tli~ stage' The town of'Sah,.rliwas,s~' ',oh'thH;,i~land bea,rmg,.tlie mall "ed'3!boutl845 bY 1am~ fo~er; h,:,~ been~ diS<;<?ntlnued; that;the ' . Alexander Somervell and MU- ,inhabitants of th1s vi11age 'and, ford p, Norton were a1So lriter, c'oast' :liav~ all~abandoned th!,!r, ested >lit the VeMltte. By :l847, ,:horrie~ ,ah\j;flOcks:li'ild lierils'''l1~, after Power had 'bowed~out. of -fled 'in' different' dl",ctions, ,and t ' the ,line' of trade, from fear -. "=.:: ,-" of c~pture,has entirely ceased," .. captain ~!irer J,ohnilori, who owned'J\!Ie'''stage: Ilne,;)i'ld used i!tti 'COacheS:: o("niliqlances as 'they w~re sometimeS caBed, to , load all'Ms pOrtable Possessions, : ,a nil t<;> m...ke ;l1:ls Y'ay up the IS. . , lands. One of the coaches was 'drawn by a pair of mules hamed Susan, and Saily, At ee6ariBayou . the' conveyances were loa~ed on the ferry that had 'been stationed there to cros,s the stage from one island to the other; tnis was then towed aCl'06S Mesquite Bay' and up St. ChaTles to the site of Lamar, John Smith, the old stage driver, accompanied the family. L, ; ,I I ; I \ j r- 3802..-8 I: , . , -" t, , ~!. " , <: ~:' \~: ::.: I , ' " I, I. Ii -~ i L 383 ..... -- .~- -- ...- - --~-- - . -- --~- - ~- . I ;SPEC lAD NOVEMBER TERM I' I HELD NOVEMBER ~,1956 COURT HOUSE JAIL AND AGRICULTURE PROGRAM I, THERE CAME ON FOR A HEARING with the County Auditor, and Mr. ~ames ribson, of the firm of Gibson, Spence and Gibson, of Austin, Texas, the ~~estion as to the necessary orders and motions for the calling of bond ,elections for the construction of a new Court House and Jail with adequate provision for an Agriculture Building and Grounds. After due consideration, by the Commissioners' Court, Mr. Clarence Barton made a motion to employ the firm of Gibson, Spence, and Gibson, of Austin, Texas. The motion ~as seconded by Mr. R. F. Kemper, and unanimously adopted. I On motion made by Mr. Clarence Barton, seconded by Mr. Ernest Radtke, fnd unanimously adppted, the firm of Gibson Spence and Gibson was ~uthorized to prepare election for bond of $800,000 for construction of e new Court House and Jail, and $200,000 for an Agriculture Building and urounds. . and I the I (}ENERAL ELECTION ~ THE COMMISSIONERS' COURT proceeded to examine the returns of the General ~lection held.oh.the 6th day, of November, 1956, checking the poll lists ~against the tally sheets and the returns and do find and declare the results bf such election as now ordered entered in the record of election of Calhoun I County, Texas. The County Clerk was ordered to pay the Election Judges for holding said election. Election results duly recorded Vol 3 Election Returns. ON MOTION DULY MADE by Mr. Frank Wedig, seconded by Mr. Ernest Radtke, unanimously carried, it was ordered that an election be held to separate Office of Sheriff and Tax Assessor, Collector, into two separate offices. - - - - - - - -- - - - - - - - - :1 ~ESOLUTION IN FAVOR OF ACCEPTING MrNUTE ORDER I ON MOTION DULY MADE by Mr. Frapk Wedig and seconded by Mr. Frank ~emper, resolution to accept State Highway Commission Minute Order No. 40819 was unanimously adopted. MINUTE ORDER NO. 40819 "WHEREAS, in CALHOUN and VICTORIA COUNTIES on U. S. Highway 87 from Victoria to Port Lavaca the County authorities by appropriate resolu~ions have requested the Highway Departfuent to construct a freeway; "WHEREAS, traffic studies have indicated the need for the ultil)iate con- struction of a multi-lane facility in order to provide for the safe and expeditious movement of the anticipated increase in traffic vomume. . "NOW:,:;THEREFORE, IT IS OREDEED that the state Highway Engineer proceed with location surveys and furnish the counties involved with deeds for a ,-inimum of 300' right-or-way on location approved by the State Highway ngineer forthe future construction of a minimum four-lane divided facility with frontage roads, when necessary, on condition the local governmental agencies involved will furnish required right-of-way free of cost to the State. "IT IS UNDERSTOOD that the purpose of this Minute is to provide for advance lanning and the acquisition of right-of-way required for future improvements ~th the understanding that funds are not presently available for construction. It is anticipated, however, that funds ~ill be allocated fron future programs of work for the construction of this entire section in an orderly fashion and in proper sequence with other needed construction work. . "This Minute shall become operative upon acceptance by Calhoun and Victoria Counties, and if not accepted within 90 days hereof it shall be automatically cancelled." I -I . ... r"S84 . REGULAR NOVEMBER TERM HELD NOVEMBER 12,1956 THE STATE OF TEXAS I I COUNTY OF CALHOUN ~ BE IT REMEMBERED, that on this the 12th day of November, 1956, there was begun and holden at the Count House in the City of,Port Lavaca, said County and State a Regular November Term of the Commissioners' Court with- in and for said, County and state, 'same being a!;ReguJ:ar Term, and there present on this day the following officers of the Court, t()~wit: Howard G. Hartzog Maurice G. Wood' County Judge County Clerk ',1 were , Frank E. Wedig Commissioner, Pret.l Ernest H. Radtke, Commissioner, Prct. 3 :1 , R. F. Kemper Commissioner, Pret. 2 Clarence Barton Commissioner, Prct. 4 WHEREUPON, the following' orders were made and entered: by said Court to-Wit: EXAMINATION AND APPROVAL OF BILLS FOR PAYMENT ON MOTION DULY made, seconded, and carried the list of bills presented by the County Auditor, were ordered approved for payment. Bills were Nos. 1 to 117. . ORDER OF PAY}lliNT OF BILLS ON MOTION made-by Clarence Barton, seconded by Frank Kemper, on recommend- ation of the County Auditor , it was ordered- that all,re"curring-rteiils- 0'1' salary, utilities, telephone and petty cash reimbursements be authorized for payment as the same become due and Payable between terms, on,order signed by,the,County Judge, or the Judge Pro Tem. , PER}lliNANT SCHOOL BONDS-SERIES K BONDS INVESTMENT I~ MOTION MADE by Mr. Clarence Baa'ton, seconded by !VIr. Frank Kemper and unanimously adopted to invest $7500.00 Seri'es "Ii: Bonds, in ,multiples of $500.00, to mature 12 years from t'he date of issue and if held to matuvity, yield a rate of 2.76% j;,nterestpayable each 6 months by check "County of Calhoun, Texas, Trustee of the Permenant School Fund" under article 2824 Vernon's Annotated Texas Statutes, Port Lavaca, Texas. ':" - - - ,. . SHERIFF-TAX ASSESSOR, COLLECTOR OFFICE ORDER FOR ELECTION THE STATE OF TEXAS I COUNTY OF CALHOUN I On this the .12th day of November, 1956, the Commissioners' Court of Calhoun County, Texas, meeting in regular session at a Regular Term of,said Court at the regular meeting place thereof in the Courthouse,. at Port Lavaca, Texas, with the following members of the Court present, to-wit: . . Howard G. Hartzog~ County Judge Frank E. Wedig, Commissioner, Pr.l R. F. Kemper, Commissioner, Pr.2 ind among other proceedings had by the Court, Maurice G. Wood, County Clerk Ernest H. Radtke, Commissioher, Pr.3 Clarence Barton, Commissioner,Pr.4 was the following: . I~ Commissioner Clarence Barton moved that an election be held to divide the 'ffice of Sheriff-Tax Assessor, Collector. -The ,moti,on was" seconded .by ommissioner Ernest Radtke, and carried by the following vote: , AYES: Commissioners Frank Wedig, Ernest Radtke, Frank K~mper, Clarence Barton: NOES: None. iEREUPON, the following ELECTIONCORDER was adopted: lEREAS, the Commissioners' Court deems it advisable to submit to the :alified voters of Calhoun County the proposition hereinafter set forth: I EREFORE, BE IT ORDERED BY THE CO~mISSIONERS' COURT OF CALHOUN COUNTY,TEXAS: c.~_:., t f: .': ;; . ... """'III ~B'f- A- I ELECTION ORDER I THE STATE OF TEXAS COUNTY OF CALHOUN I On this the 12th day of November, 1956, the Commissioners Court of Calhoun County, Texas, convened in regular session at a Regular Term of said Court at the regular meeting place thereof in the Courthouse at Port,Lavaca, Texas, with the following members of the Court present, to-wit: HOWAF.D G. HARTZOG, County Judge, F. E. WEDIG, Commissioner Precinct No. 1, R. F. KEMPER, Commissioner Precinct No. 2, ERNEST RADTKE, Commissioner Precinct No. 3, CLARENCE BARTON, Commissioner Precinct No. 4, MAURICE G. WOOD, County Clerk, I and, among other proceedings had by the Court, were the following: Commissioner C. BARTON introduced an order and moved its adoption. The motion was seconded by Commissioner E. RADTKE' . , The motion, carrying with it the adoption of the order, prevailed by the following vote: AYES: Commissioners ALL , , , ; NOES: NONE. The order is as follows: WHEREAS, Section 16a, Article 8, of the Constitution of election the question of adding an Assessor-Collector of Taxes to the list of authorized county officials; and I ~ ,.... 3b1~~ ,. \ I I ! , I I I t t l II I WHEREAS, according to the last preceding census of the ! United States, Calhoun County has a population of 9,222 in- habitants; and WHERE.6.S, the Commissioners Court of this County deems it ,advisable and necessary to submit to the qualified property taxpaying voters of said County the questlon of adding an Assessor-Collector of Taxes to the ,list,of authorized county officials; THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS: That an election be held in said County on the 15th day of (30) days December , 1956, which is not less than thirty from the date of the adoption of this order, at which election the following question shall be submitted: Shall an Assessor-Collector of Taxes be added to the list of authorized county officials of Calhoun County? The said election shall be held under the provisions of the , ' Constitution and laws of the State of Texas, particularly Section 16a, Article 8, of the Constitution, and all qualified property taxpaying voters of said County shall be entitled to vote at said election. The ballots for said election shall have written or printed thereon the following: OFFIC IAL BALLOT FOR ADDING AN ASSESSOR-COLLECTOR OF TAXES TO THE LIST OF AUTHORIZED COUNTY OFFICIALS OF CALHOUN COUNTY. . -. ., AGAINST ADDING AN ASSESSOR-COLLECTOR OF TAXES TO THE LIST OF AUTHORIZED ,COUNTY OFFICIALS OF_CALHOUN COUNTY. Each voter shall vote by placing an,X in the square beside the expression of his choice, or said voter may scratch or mark ; I out one of said expressions, thus leaving the other as indicating I. i his vote. I I ,I I ~v ' I I I I I I " :'1 ~ ~ 3&~C.~ II I " The polling places, presiding officers and special can- vassing board for canvassing ballots of absentee voters, shall be as follows: PRECINCT NO. VOTING PLACE PRESIDING OFFICEJ~ I Moore,Jk 1 2 Port Lavaca - County Courthouse Chocolate - Joe Bretts Residence Mrs.Charles Joe Brett 3 4 5 6 7 8 9 Six Mile - School House Robert Meyer Mrs. G. D. Swenson Mrs. E. S. Sanders .....'- Mrs. C.E.Sachrison Mrs. Louie Walker Olivia - School House SANDERS RES. Boyd School - SACHRISON Magnolia Beach -~es. Long Mott - School House Seadrift - School House Mrs.M.B.Binderwald Karney - J. W. McKamey Residence Glen McKamey Mrs.Lloyd W. Hawes Mrs.J. C. Williams 10 Port O'Connor - School House 11 12 13 14 15 Green Lake - Morman Gin Office Heyse~ - Humble Production Office Mrs. W. R. Jaco Port Lavaca - U.S. O. Building Point Comfort - Community Center Mrs.Natalea Thayer Mrs. L.E. Gross Port Lava~a - Roosevelt School Mrs.Martin Dolzel SPECIAL CANVASSING BOARD: ,WAVA SCBLIE::>TNG , ' The manner of , JOE KOENTG 1/ holding said election , WAND~ 'l'HKflF'ORn ' . shall be governed by the laws of the State regulating general elections. A,Copy of this order, signed by the County Judge and { attested by the County Clerk of said County, shall serve as proper and sufficient notice of said election. The County Judge is authorized and directed to cause said notice of the election to be posted up at the Courthouse door of said County and in each of the election precincts at least twenty-one (21) day" prior to the date of said election. The County Judge is further authorized and directed to cause said notice of election to be published in some newspaper ,... .3~40 I , ~C~xAs:_I"" I ,". .'. ";. '>(~:~:~";'~~-':" " I I I I I I . ',' ,.". ' I II ,I I I r- "'IIIl 385 - --- -- . That an election be held on the 15th day of December, A. D. 1956, to divide .the Office of Sheriff-Tax Assessor, Collector into two separate County 10f'fices. - - - - - - - - - - - I NAVIGATION IMPROVEMENT WHEREAS, Calhoun County haa pending before ~Congress various improvements as to Navigation, Public Roads and Federal Buildings, which are sponsered by our Congressman and Senators, and . WHEREAS, from time to time, it will be necessary that members of the Court attend such hearings in Washington: . THEREFORE, on motion made by Frank E. Wedig, seconded by Ernest H. Radtke, and unanimously adopted: I tt That it be authorized that Committes be directed to represent the County all such hearings, and that transportation expenses be duly provided. - - - - - - - - - - - - - - - - - I IGHT OF WAY WARRANTS _ ISSUE NO.2 l ~RDER . TATE OF TEXAS j IN THE pOUNTY OF CALHOUN j COMMISSIONERS' COURT I NOTICE OF INTENTION TO ISSUE RIGHT OF WAY TIME WARRANTS-ISSUE NO. 2 I WHEREAS, CALHOUN COUNTY now has on hand unexecuted County Right of Way Time Warrants, Issue No.1, in the sum of $55,000.00, and whereas, prior commitments and Judgements in Condemnation, Costs and renewal of ~mprovements, fencing, etc., necessitate the issuance and sale of additional Right of Way Time Warrants in t he amount not to exceed $50,000.00, under the same terms and conditions as the original issue. I" THEREFORE, on motion made by Clarence Barton, seconded by R. F. kemper, and unanimously adopted, it was ordered that the County Auditor ~ave printed Series No. 2 County Right of Way Time Warrants 'in denomin- ations of $2,500.00 each, the total face value not to exceed $50,000.00; ~ach drawing interest at 2% from date of r€1.g;j.strati9Il. b_y th~ C01Jpty iTreasur~r; said warrants to be syyledCALHOUN COUNrx rtIuHT Ob' WAx WARRANT OF 1956. . . I Signed: County Judge, Calhoun County, Texas fTTEST: ~aur~ce G. Wooo, County Clerk Seal: - - - - - - - - - - - - - - . APPLICATION OF SEADRIFT PIPE LINE CORP. FOR EASEMENT UNDER AND ACROSS COUNTY HIGHWAY , EX PARTE: APPLICATION OF SEADRIFT PIPE LINE CORPORATION FOR EASEMENT UNDER AND ACROSS COUNTY HIGHWAY ~ IN THE COMMISSIONERS' COURT j j OF j CALHOUN COUNTY, TEXAS j I TO SAID HONORABLE COURT AND THE MEMBERS THEREOF: Now comes Seadrift Pipe Line Corporation, a private corporation duly incorporated under the laws of the State of Delaware, and doing business under the laws of and with a permit from the State of Texas, and presents this its application to this ~onorable Court for authority for itself, its seccessors and assigns, to construct, maintain, operate, repair, rep~ace, change the size of and remove a pipeline and appurtenances thereto, under, through and across an unnumbered Coijnty Highway in Calhoun County, Texas, the location.,of which is now fully set forth on the attached plat and drawing No. D-334970 which said plat and drawing is made a part hereof, for all purposes. Applicant represents to the Court in support of its application that due care will be exercised in t he construction of said piPiHine so.that it will not impade traffic or the maintenance of said highway, and that said highway will be promptly restored to its former condition of usefulness; and Applicant further agrees that if said highWay is widened, or the location of said highway changed, that said Applicant will, at its own expense, make any necessary alteration in its said pipeline and easing to meet the require- ments of the Commissioners Court of Calhoun County, Texa~. Applicant further agrees that said pipeline shall be cased, in and under said highway, in the manner set forth on the attached plat and drawing, and that both ends ot' said casing shall be vented in the manner set forth on the attached Plat and drawing. H I . II .... .... J"""386 ao"""'l ~ ~ 1:0 ._~~ . WHEREFORE, premises considered, Applicant prays and petitions this Honorable Court to grant to Applicant the right" to' construct, maintain, operate, repair, replace, change the size of and remove a pipeline and appurtenances thereto,under, through and across the County highway hereinbef"ore .dBsignat.ed, and described,' and that the Honorable .Court make its order and cause the same to be entered in the minutes of this Court approving the application and authorizing the execution a nd delivery of a suitable easement and right-of-way grant from 'arid' --'. on behalf of Calhoun County, Texas, and this Honorable Court to applicant, securing to Applicant in recordable form the easement and right-,of-way and the rights and pri vileges herel1n'o~1 prayed for. Applicant further peti t;ions this Court to make and enter such other and further grants in behalf pf application as to the said Court may seem proper. . I: STOFER, PROCTOR, HOUCHINS & ANDERSON by Munson Smith Attorneys for retltloner Seadrif,!; j'ipe_ tJ,nSl jjo:t;'p.9r,at,ion I~ ORDER GRANTING EASEMENT EX PARTE: 0 APPLICATION OF SEADRIFT 0 PIPE LINE CORPORATION FOR 0 EASEMENT UNDER AND ACROSS 0 COUNTY HIGHWAY 0 IN THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS . On this the 12th day of November, 1956, came on to be heard and considered by the Commissioners Court th e application filed with the Clerk of this County by Seadrift Pipe Line Corporation for an easement and right-of-way t9 construct, wawntain, operate, repair, .replace, change'the"size of and remove a pipe- line and appurtenances thereto, under, through and across a certain Cgunty,High- way in Calhoun County, Texas, located and described on a plat ane drawing attach~ ed to, and accompanying said application, whereupon the Court being in regular session, proceeded to consider said application and to hear evidence in support thereof. No objection was made to said application, and ho protest was made against the granting thereof; and the Court having duly consider~d the same and , its merits and the evidence in support,thereof, is of the opinion and finds that said application sh9Uld be granted, and that Howard G. Hartzog, eounty Judge of Calhoun County, Texas, 'and the presiding officer ,of, this Court should be duly authorized by order and judgement of this Court to execute and deliver to the said Seadrift Pipe Line Corporation the eas~ment and right-of-way described in said application. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that Seadrift Pipe Line C'orporatton.. is-here by-- granted- authority' for itself , its successors and assigns to construct, maintain, operate, repair, rep~ace, change the size of and remove a pipeline and appurtenances thereto, under, through and across that certain unnumbered County Highway in Calhoun COllliIlty, Texas, and more fully described and located upon that cebtafun plat and drawing No, D-334970 attached to and made a part of the application filed herein. Provided, however, that the grant ot: this easement and r"iglit-of-wa'y' is' made, and the instrument hereinafter provided_for"is to be executed, ont:the condition that such pipeline is to be constructed so as not to impair traffic or the maintenance of said highWay; that following the l~ying of such pipe- line such highway will be promptly restored to its former condition of use- fulness; that it: said highway 'i's widened or the" '1"0"c'a:ti'6nHof s.aTcfhi-gnw-a'y"..'' changed that said Applicant will, at its own expense, make any necessary alteration in its pipeline and casing to meet the requirements ot: this Court; that said pipeline will be cased in the manner set forth on the said plat and drawing attached to the application, and that both ends of the said casing shall be vented in the manner set forth on the plat and drawbng attached to tae application. It is further ORDERED, ADJUDGED AND DECREED by the Court that Howard G. Hartzog, County Judge of Calhoun County, Texas, s~all, and is hereby directed, on behalf ot: this Court to 8xeclilte and del:+ver to Seadrift Pipe JLin~: Corporation an easement and right-of-way for th~ purpoJes and only the purposes above- mentioned and subject to ~he conditions above set forth. I': . , . I: Signed: Howard G. Hartzog, IGounty Judge Calhoun County, Texas Frank H. Wedig, Commissioner, Pro I I' =-- R.,F. Kemper, Commissioner., Pr.2 " Ernest Radtke, CommisSloner, rr.j Clarence Barton"Commiss~oner,pr.4 ; ATTEST: -. . .. Maurice G. Wood, County Clerk Calhoun County, Texas . L ..oIIIl ~ ""'OIl 387 . DELINQUINT TAX COLLECTOR On motion made by Mr. Clarence Barton, seconded by Mr. Ernest Radtke, and unanimously adopted, the Court ordered that Ross Terry be employed as Delinquint Tax Collector for 1957-58. I. INDIANOLA STATE PARK I ON MOTION DULY MADE by Mr. Frank Wedig, seconded by Mr. Clarence Barton, and unanimously adopted, Ross Terry and Associates, tax attorneys of Calhoun County, were requested to check the tax titles and other titles on the property owned by Calhoun County in the Indianola State Park area, and to prepare a proper deed to be executed by the County Judge, as per former authorization of these minutes, in order to legally,transfer the title of the property to the State Park Board. ASSISTANT COUNTY AGENT Mr. Cyrus Cook appeared before the Court and presented Mr. Edward Migura, who has been duly recommended as Assistant County Agent under Mr. Cy.rus Cook. THEREUPON, on motion duly made by Mr. Clarence Barton, seconded by Mr. Frank Kemper and unanimously adopted, Mr, Edward Migura was appointed as Deputy County Agent, to take effect as of the 19th day of November, 1956, . CALHOUNifARANSAS COUNTIES GAME PRESERVE I WHEREAS, the United States Treasurer has forwarded to Calhoun County, Warrant No. 10770245, dated Nov. 7, 1956, in 'the amount of $126.16 representing 25% of proceeds of the sale of surplus wild life from said preserve located partially in Calhoun County, and WHEREAS, one half of such proceeds should properly be distributed to 'Calhoun County Independent School District Available Funds; ~'I THEREFORE, on motion duly made, seconded and duly adopted, it was j',Ordered that the County Treasurer deposit same in the Road and Bridge Fund county-wide, and that a warrant be drawn against said fund in the amount of $63.08, representing 1/2 thereof, payable to Calhoun County Independent School District. . - - - - - - - -- - - - - - - $ECRETARY FOR DISTRICT ATTORNEY ~ ON MOTION DULY MADE, seconded and unanimously carried it was ordered 'that COlhoun County pay its proportionate part of Secretarial expense for he District Attorney. DELINQUINT TAX COLLECTOR ( '\ . County Attorney's Waiver ISTATE OF TEXAS I . ICOUNTY OF CALHOUN I I, the undersigned County Attorney of Calhoun County, Texas, do hereby acknowledge that the Commissioners' Court of the said County has notified me to file suit for the collection of delinquent taxes in said county; however, due to the fact that it would be physically impossible for me to personally file and handle such suits, and at the same time to properly . discharge the other duties of my office, and to the further fact that the' statutes do not provide adequate compensation for a County Attorney to file and to prosecute suits for delinquent taxes, but do make adequate provisions for other attorneys to handle the same, I do hereby decline to file such suits and do hereby waive the thirty days written notice provided in Article .7335, Revised Civil statutes, and do hereby agree that the Commissioners' II Court of said County may contract with some other competent attorney to enforce or assist inthe enforcement of the collection of delinquent State and County taxes. Witness my hand this, the lOth day of November, A. D. 1956. I -I Signed: Jack Fields, County Attorney O~llihbun County, Texas . RESOLUTION A ND ORDER On this the 12th day of November, 1956, at a regular meeting of the !'COmmiSsioners' Court of Calhoun County, Texas, there came on for consideration lithe making of a contract for the collection of delinquent taxes, and motion was made by Clarence Barton, County Commissioner of Precinct No.4, . , '- , , - ~ ~ -""- .' -- - - 1""""1 ""-388 ~ -' , , 00 ~ ~ ~ .- , .. N ,. . --- '-' ,.. - .. -- , . seconded by Ernest H. Radtke, County Comrnissioner of Precinct No.3, that subject to approval by the Comptroller of Public Accounts and Attorney General of Texas said Comrnissioners' Court in behalf of said County do make and enter into a contract with Ross Terry, a licensed attorney; for the latter to collect delin~uent taxes in said County for 15% of the amount of taxe~, penalty and interest collected, said contitact to end on tQe" 3:j,si;< clay: ot _D,~cembeI', _1958, with six months thereafter to complete pending suits, requiring said attorney to give bond in the sum of $5,000.00, and to be on forms currently promulgated and recomrnended by the state Comptrmller, Said motion being put to vote, .it carried by a vote of Those voting "'Aye " were: ;1 to . ALL ~hose voting "NO" ,were: ...---------.---..- 'I " " , , .- , .- .- . - . . , " , . _ flO~., _ _ It is therefore ordered that said contract be prepared and executed, submitted to t he Comptroller of Public Accounts and Attorney General of Texas, and if approved by them, recorded in t he minutes of this Court. Signed: "',", , .. '... , ' , . . , . - - ' . . Howard G. ,Hartzog, . County, Judge . , , " _ l<~r!!p1l;, ~.-' ,We.dig,. Comrnissioner Prct. 1 R. F. Kemper" COlllr~iss~oner, ,Pr.2 Ernest H. Radtke" Comrn~ssioner Prct. 3 . Clarence Barton, Comrniss~oner 'Prct. 4 :1 ---- ------------------ MINUTES AND ADJOURNMENT , ON THIS the 12th day of November, 1956, at a Regular Term of the Comrnissioners;" Court of 'Calhoun County, Texas, with all members of the Court being present, on motion d),lly made, seconded and unanimously. adopted the Minutes .of- the, previous meeting in November were read and approved. Court adjourned. ~l&4i- Calhoun ,County, TexS\s . ~h ~,~ ur ce . __ 00 , County, _ er , , I , . .- .- . . , , " .' ,,-,~, r .~ '-- - . . l ~ ~ I I I I, I. ,;.. I'd; ""II :9. g' 8 19 ~ --, , CONTHACT FOR THE COLLECTI91~ OF DELI!JQUENT 'l'AXG:S THE STATE OF TEXAS ~ KNO\~ ALL NEN BY THESE PRESENTS.: COUNTY OF CALHOUN WHEREAS, The Commissioners Court, after having given to the County Attorney of Calhoun County (District) (County) thirty days written notice to file delinquent tax suits, and (a-9> .dl8.tIl. ..Mil&! nr~.lllil~ x~~ij~5ih.id xliAot. having received from him a written statement deClining the request of this Court to file delinquent tax suits, for reasons therein stated, and waiVing his right to the 30-day period and consenting to the Court's entering into a oontract with others for the collection of delinquent taxes, without, awaiting the 3D-day period, and a reoord thereof .having been made in the Minutes of said Oourt; and (2) WHEREAS, The Commissioners Oourt of Calhoun County, Texas, Joined by the Comptroller 'of Publio Aocounts of the State of Texas. deem it necessary and expedient to contract with Bome oompetent attorney to enforce the oolleotion of all delinquent State and oounty taxes for a per oent of said taxes, penalties and interest ,actually oolleoted and paid to the Collector of Taxes, as provided in Ohapter 21, Aots of the Third Called Session of the 38th Legis~ature, Artiole 7335, , Revised Civil Statutes" 1925, Chapter 8, Aots of the Fourth Called Session of the 41st Legislature, Artiole 7335a, Vernon's Annotated Civil Statutesl and Chapter 229, Acts of the 42nd Legislature, Artiole 7264a, Vernonls Annotated Oivil Statutes; and WHEREAS, After making an invsstigationinto the competenoy, experienoe and abili,ty of Ross Terry a licensed attorney " under the laws of this State" whose ,post offioe address is Austin, Texas as to his fitness for said work, and after considering the sarne, are ot the opinion that he is a proper party to take such steps as may be necessary to enforoe or assist in the enforcement of the collection of suoh , delinquent taxes by the preparation, filing and pushing to a speedy oonclusion all suits for the collection thereof; and that ho has no official oonnection with any county office within said county; and that he is not related within the second degree of affinity or within the third -1- , I I I I I /~4 tie&' B ~ , , in his answer or intervention all, taxes. delinqucnlt lJd'oJ'e '(;1'1al OIl the property involved, whether such taxes shall fall de 1,' nquent lJef'ol'e \ir after September 1st of such year; and in all such cases Second Party shall be entitled to the commission herein provided for collecting delinquent taxes. III. Second Party is to call to the attention of the County Tax Collector or other officials any errors, double assessments, or other discrepancies ~oming under his observation during the progress of the work, and all charges on the tax rolls that show from 1919 to the date of the terlnination of this contract to be delinquent, which are caused through error, conflicts, double renditions, illegal assessments, etc. A cancellation certificate shall be prepared on forms furnished by the State Comptroller of Publio Accounts. Austin. Texas, showing how such errors came about, and which " shall be suffioiently full and complete as to justify the Commissioners Court in ordering a oancellation certificate issued, and that will meet with the approval of the Comptroller of Public Acc9unts, Austin, Texas. IV. Seoond Party hereby agrees and obligates himself to communioate with each and every person, firm, association or corporation owing any of such taxes, with a view of collecting same; and shall, b~fore filing suits for . the recovery of delinquent taxes for any year or years prepare, in triplicate, delinquent tax notices, and shall mail one of such notices to the owner or ,owners of said property at their last known address, covering all delinquent taxes shown to be due on the tax rolls of said county, as provided for in Article 7324, Revised Civil statutes, 1925, as amended by Chapter 117, page 196, Acts of the 42nd Legislature, Regular Session, and file one copy of such notice with the Tax Assessor-Collector. In the event that the taxes, together with penalty and interest, are not paid within thirty (30) days from the date such statements and notices are mailed, then Second Party shall prepare, fHe and institute, as soon as practical thl!reafter, a suit for the collection of said taxes, penalty,and interest, which suit shall inClude all past due taxes for all previous YC9.rs on such tract or tracts; and \'Iherc there are several lots in the same addition -3- , 1 I I I I I ./ i~ ., ,3 liB' Q. , ; contract and be so reported on CpmptrQller's forms Provided therefor, may be collected; and when collections are not made, to assist in reducing same to final judgment and sale. VII. It is further agreed and understood that Second Party shall furnish, at nis own expense, all stationery, legal blanks or forms, stamps, 'envelopes and printing, together with all labor necessary to complete said contract including labor and expense incurred 1n procuring data and information as to the name, identity and location of necessary parties, and in procuring necessary legal descriptions of the property as provided " . ~ 1n Paragraph V, and the expenses incurred 1n citing the defendants by publication in all cases where such expenses are not collected as costs against the defendant or defendanta in the tax suit, but in no eVent ahall such oost be paid to Second partyj and Second Party shall pay off and discharge any and all bills for any other expenses incurred in the prosecution of aaid work, and it ia hereby'understood and agreed that ~aid Pirst Party ahall not be reSp?nSible for the payment of suoh expense or any part thereof. VIII. First Farty agrees to pay to Second ,party as compensation for the services hereunder required 15 per cent (not to exceed fifteen (15) , ' per cent) of the amount collected of all delinquent taxes, penalty and interest of the years covered hereby, actually collected and paid to the Collector of Taxes during the term of this contract, which Second Party is instrumental in collecting as evidenced by copies of communication, tax notices or abstracts filed with the Tax Collector prior to the payment of such ~ax, including collection of taxes on property not appearing on the assessment rolls nor shown delinquent, but which would have been so shown had it been properly assessed, ~iscovered by said Second Party, as and when collected, following the end of each month within the period of this contract, accordingly as the Collector makes up his monthly reports, The per cent of' compensation here referred to ~hall be contingent upon the cr,j),,;ction of such taxes as by Act of' the Legislature are required to be t:/,) }e'ete(l. ::;hould any remission of penalty and interest on taxes appearing -5- , " , ..... r"o..., , , degree of consunguJ.nl ty to any 'membel' of the Ce:;,,,', ~:31olwr~s Court, the Tax Collector, or County or District llttol'ney nO\'/ [wlding oi'i'lce in suid , county. NOW" THEREFORE, THIS COHTn,~Cl', made and entered 'into by and between the County of Calhoun , Texas. a body~olitic and corporate, acting herein" and by and through the Commissioners COUl't, Joined 'py the Comptroller of Public Accounts of the State of Texas, here'inafter styled Firs.t Party., and of the"CoMty 01' Ross TerrY Travis ",State :01' ',Texas, 1hereinaft~r 'styled ,Second Party: ' ," o ,wC:'Ic ~T' ,N,..E-S ':SE' "T,il ,--. : ~,::""'~".'. . ' , .r. ,First "Party ,agrees -;to 'employ :and Idoes 'hereby,'employ Second :Party to . : l-i . , ,_ ~ '.. ~.,....J _' i'r i I' "1 .. ". . ,enforoe 'by, 'su:1t ';or: io'ther;Wj:se,.;:~tld::tO,,(ld'. ar~~:'ilssj)~t:';t,he :localofficerB in . '. ,. '... ~,_r_~,. .I~<.j)...:'h.: .11_ the enforcement \o'f<the ;coru:ectlon ;'of la:l'i;',ue'l:J!hquent'iS'tate ;and county , , ,ad 'valorem ',iil.xes,,' ::pena:hyfaho' !int!'erJE(t,',Ianif :a'lil!: '!de~friquen't' taxe'tf-;tpenalty andlnterest ;(:except .taJfeB' ~o'f~'fnu'epenaen:t' ~s8Ho'oil ;d':l)S,tr.Yo:t~t,Oahd incorpora to ,\ 'cities' !and ':tOWnB) 1due ~l:irly ';and~ lai:u.<lp61':l.(t\!Jc Ifl 'SUbd~;"{s1:(jnB 'oF'detlned' r:lJ.J :', 'distrl~'t~' '!of :s\ifd' ;coiili'f;l :aha~stfate'\whtl)cih i,tl'ieIC~Un't1?fTai' ~coi.'ii:icto':i"!re'h8'lv and: ;re'cJ'iPts':r.dr,; ?un'de]:.i ,'the'" \pbb:V:lsi'6hs If,bf' ~Ar't':f<t~e"7251f/'R;';V:iBejd '8 tat\it~eB . ~ . c' - -, . 1925; 'and ;anown 0,1;0 ';be' 'de'fl~qltenrt' :upon: ',thi;&e':1:'h\hir~en if 'tax 'r~cora8' 'of "s€trd oOUnty, Trolllil9l5f ,tcj'c,the idate ;6'f.;Qhi,'e",tehci:tn'a'ti:brf)J,b'r C,thii,Pcorl'tlHict'''&'a ']r1x'e . .' , . . 1n'Sec~ion .:Iihereof' ;f:tnc}ud~'ri~';suh.h ;per.~o'na:iJ.ci?pl'oper,iy ;oti:Li:~Boi'verit ri'aiea ." 't. 'as 'the 'iCo!iimiaa'jjonebs-":Cbur,t larid::s~horid',piif:~y.\1lu:i!ua'l'r(i?d~ehi;,c'dlrectib.ll~Y':,' '.. .' . "', 1 ~ 1 '"'....,',,,'. '.'., """""',<,\1 . ".", ....;.~~.r. ",. .." ',","~","(', ~:~,..,',:,!_ .._'...~'" ',,_,~1. ," ,i -.J('.. ," I.,. ~.I .' . ;l[~" ."j.V"'~~jI~ ~"J -1<:' - _~ - ~ ';',. , '. ~ : L , , Taxes 'wh1ihh :are 'no.t' mow iaeia::fn~uehi~<i5ht' \Whl1Jh ~i-I~reaftEjbbu~:rng' ,the,:,lterm ,~, ":;"f' ,t,.,...A .-:'.. }~, :"j'\~~". t, ',<".! "-.,r...' of ,this ,contract :areallowed,to:.fa:n ,de'linq'uent,:,:'lshall become" subject' tq the & .' . . terms' 'of this 'contrilO't ,on' :sejiteuil:ie-i,iU'B',t :6f{ti~ :ge~f.ilihJwhiCih the s~me. ' . , shaBbe COllie rdeHnquent,.. ,And ,f,ur:ther,,:~wl,th .r.ei~reh~~~b t:t.;xe B ~dt; nbw ",~ \ . J' delinquent, ;but'vih1'cl1:bec'omk' 'del'l'nqaen,t ::d'llril'lg, :the"tehmhere'of,'or taxea \', ,.' ~ , ,wl'iich'may havefaIlen ,aeiI:'l:nquenVbn 'F~brua:61)stior".subsequenttheteto: _'. c-,>_ 1._ .' _ ,_. _' _{,'q~.' , o. ',,' f-":'~, . ii. " .' ~ ~,-. next preceding the ;da,te 'of.thi',9 :oontra:ct, it .,is 'agr:eei:l' that where Buit. is . '.' :'. I.' _ . . ,..' 1 - . ~. . ,..... r "''' 'or ha's ,been brought on :anypropef.ty' for; 'pri'or years delin'queI\t taxes,' . . P." " , Second Party shall :}1i'C'iude: in'\ his l,actionaH 'Uxes 'orl'-' th~ 'Jl'r~p~rt~;:'ihifolV~4, " ,. " . " ' . , .": . . ". " . -.'~ .. ".,.' '.'),' C;'" " .' delinquent' before trial, ',whether rbef,ore or 'after, ,September lstoi'" Buch "" ;:.. -, <, ' " .1 year; and wher.e the'State andcouf1tyor implea:iie,d 6f' 'intervene ":\'1\ a sult a 'I>' 'I . II .. J I I 'I j .' , bl'ougi1t by another taxing unit, ltshhllbe Secorid"I'arty's duty,totncludo, .-_2- o " i.l ,co 04" .,,," o Q ,\ - ~'" <" o ~ o " - . ~ ',,., o o >" '.' 0' o I ;:-::, I I 'f:;'':-- i'~ c. ~I ,0 ~ ,1 1"'"-1... or subdivision delinquent" belonc;lnc; '1:0 the Sill.Ho' 0~mer or OlVnel'(;, all - , . , l z." r~. j; ..: . ;. said delinquent lots shall be made the subject of 3. sin~le suit, and " . . :;,.)i.'~ ',~l." ':_.,..J'._' "". j,-. .~..~.~..l't '...._ -1~- . which Buit ,shall be prosecuted ,\'sltil tiisp3.tcll tofll1i1l jUdGwent and sale' '~ L',i. ~_C ~"I,; .J .'...L j: 1.' ;'l~ 'J... ,:t;:. l'~ l:'::J,I,;tJ: ~:'. (~r, unle8s said taxes are sooner collected.. " '1 11 '.. .' I " "\ ~ y. ,[ l J'.' 1 J ft., '.1 .. !~f1 G , 0-... t i ~ _I,! I- .1 ;. -, 'J fj Second Party"where it Is necessary to prepare and file suits for . : L! the enforced ccillect'ion of .dellnquenttaxes on real ,property, shall make " 1'-.,., '.."..; '_i,...' Lt_J \ J,1-J.;r,,'. S.'; ~J L' J.,'J ..'J 1,,;.1 "'J ~.l-~"i !-ild'),::2. and 'rurnilihan abstrac,t of .the ,prqperty ,whIch shall show the amount of .,.. '"~~~_.u ".t') "' .d._:I~~.L;L.,e :..}L(~~'.Jp ;i;'p)t;' 'J ~[1'J ; L'.J!'Jt11o ..!.'_.,.ll..... ':J ,delinquen'ttaxes 'due ,agalnsteach ';and every trac,t, lot or parcel' of land, 1. . ,~.: ~'( -(.;~;, j J t", IJ ::",~'rl'1HL' noJ.--:.I:..:l~}'i~.;:;l,..) j~~ri 'Y'3I'JllJ ~f!Ll(il''''1 . and shall ,show the number of 'acres ,so .delinquent ,and a correct description " I . _-. . :_ ' 'j , :j 'J (f;..:_ f,l'x,.'l w'J-Iia' tl..rrJ e' .I...'! .:':.~J' c-,!;j- He) U~~,"!.crjO of theproperty"th~ ,year deTinquent. ;how it was charged upon the 'tax .t. :;,'.J r~. ,. I (....:.~' '.' .' j..; .,' !-:,L 'jll'J f.,.:uIs:tJvnlJsD. 'J.'1 0.1 jO-.J~lj(1u:,j ~Lt:ctj '.:.:) rolls, the ,correct ,name of 'owner or owners 'of the 'property ,at thetirile it _,jl '. _'. . .~','.j "......~i. ..~.:';.I,lt.;-i,1'id1E:a9.6C_.;3 L.B~91I1: tedolJi'L;4~'l '._ldu0C became delinquent"the 'person Trom :whomal1d ',the 'date ,that he or' 'they ~:.:..' ,~'i" '-- ,(',~,"'.J4.I.;C:, .'jf~;:~ -:~fJ IJ.l' ~5dutJ1'lll! LJIll'ro'l flO bS"1J:lq~~q ~Q fE.9i1a. derived 'title.to 'said ,property., 'tbe Volume 'and ,page ,of 'public records L'!::~' _,'.I},:' ,'d_l ..d.rl ~ji!jll:.) ,~.",'..J'J.'1.0 ri[:'1L-e ,W...1}-! 2-fll'l/urtt ,6..s,x.BT (Nlju.u~'l <:..oj'nHr.~':l\ that 'his or 'theirdeedorc)ther ',q!tle eNldence ,is of :record, and the date hjj!'JLW,:!'/IUJ'o:; bit '(,'i:1::Ja.'t. OJ ;;J,; eJ:li,.moo, boa [Lu'J: '.:;IJ:wl:ol'1'ilJ8 ad LL.f"rla that each 'subsequent change .o'f :ow!':\ership 'occUrred Idown,tothepresent" .' ;H 'I,:, L '. -. ~I Jl>d.t IJfUl ,b',U;)d l ',;,t,e:rL't.t;;'1"'G i'Hjlj~litJClfl~1D 11 ijfll').Bt)'tO Sll :t'11',1vO ownership, 'I,tshilll further ;show"the ,name ,of 'any and all 'outstanding' ' ,'>' ,,;' .i,t:i~(lJj. ,1:unuotJ;>A :;1 i.d!J'l'lo '19IIo'1:tqmo::J enS 10 CP,VO'1g:qli edJ (:$;<\'( lien holders and lease-hold Intere;s,ts of :,record" ,and ,all 'otherin1'orrnat10n . " .VI " ' , , , . , necessary for" the ;properpreparat'ton and :filing ,or :suit or suits ror the ".i!., '..;.."; ..1,l'l';IJI.'n';l oj '.ti~jC.I'::~~ .u'Jj.i~,'fl11Ho nl1.t-;,'.e~)t)'l':JJj. ~d$'lurI ~:j:1j:/i b~,:('.o!i:;~". oollection of delInquent taxes. ,Second :Par.ty: ,shall ',perf'orm 'these 'services ',:J', ',"J l,:;.'.l ::n~',:u {1"t:!,""'"ril):J -ro !.I?l'J,JJ1:;'A;aJ3 ,nl'ICt ,11OC'IOq V,'lfJ'J,' bll!:'li:,..,'\:l at his own cost and expense. And :tLn ;case :such ,abstract is not placed , .,J ".,,, ,i.,Li'::', ""Il,-t,)oJ ,I ~J:,d", ;.,n.:/ ,f01'" 1 C)ill:toelloo '10 '~~dv .... lfJf\-1 ,n.;;:!:,j with the papers inacour.t,proceedlng,l:t 'shaH ibe TIled with the Tax 11;_ ::<''.t..\i'~.l,{ C.~i~i''; "C, t"lL';Y; v.:'r. '+,11 e,'J^.n.::t O'I1$Op(tl!:;b 1:0 .\~:i~:t:V():)G1 1J~:j Collector for the purpose of ,maIritaln~ng Its preservation until such time .'j " .:'r-.t d d'J,ul. '1:1 .:f~p. [[tJ't [("-.lh: :JJU~ tG;;J0tJon 'Xil,y j{TtHlp!11f.f!O ..o.JtidlIlfl.l,.t as all of the taxes to whlchit ,pertatns~ or ~suchpartthereof ,as are ' ~\l i..-)\/II'; [,;<l,~~,"bLi'; J!vJOl~H,>juJ_t '~l')l!.t ';[',~j'l!jjl()'1q blJJ~. '10 8'litrH':.'O ';,,'J ''l'~n~';o. 't)d~ held to be due, 'are"pa'i~. .' ..':J\.~'J"J uL,w '10 u11,.,'1 :~;~1 f.1dJ n~J ~iJ~~ '3d ~)l fn'/udu aux.sJ,j1f9lJpillL.~)tJ [L;~ J) . VI.' \\ ' , i,j ,,:;.:1',11,' H.tl ,:,.,...{ ,C,>1'.lJ1'J'; fl,vlD !J';8I.vui!"jl';t, (;JIIlt;hA I'll 'h)): D0.blvu,'l Second Party shall prepare" br aId and assist ,the County or l!.L I1P'1 ,'''J}; ".f)U".'.~n l"'I;!T.r.:'.'.~' 'Ji ;'!I';I\ )riJ '10 n.te"l .f.J~J ~J:-'J-iq J,)LI '!u:tqJ;d~ DIstrict Attorney in preparing" ,allpetitlons" ,ci,tatj,ons, notices by ,J: ,'. J ,[1 t n: .." f~~ l ! ,')",,'..1-,.:' I <:;-._' '~l 'Jii dJlh ~:Jljn.1 i{:.-;t'-l.~ '.:.' ~'IC'.\ l'i(1,j 9LL1 publication, personalservicp. ,cita'tionj3,notlcesby posting', judgments, . ,,-).';' ---I I . (;', ';,-\'i.I';. 1,/ \~:I1.1JI!'~t djf:l) '.t)liJJ.'~dJ t~~'~).vt ",dJ ;)'..~:1j ,notices. of sale, orders of sale an<:i any and all other things necessarY ->--. '. - ,J.... ~ ,j ..':. .t}LI. 7l1J .'Ii.-,,'~ 1 l::.l,-~.".iJ \i't-~J ~.:.!~ il,; or required to be done for the col,~ection of all delinquent taxes, and .' I ~.It:l _'.~ ~ ,,"!.\'1 [[ ,; ....-'., ~ ;.,-;)'J..~',:; \~~::nj sh'all render all necessary and proper assistance to each of the other - ,. ., J " )'jJ 'I 't I; 'j-' q. 1.\ I 'j'J,_cJ:t . J ) :: t . 1,., ." . _ .' i . . ~..... . ~I '... , I ,. . ,., :.-t. . officers to the end that all taxes, assessed or unknown and unrendered . I ' " '1' ',' '1' ,'", .: ., . . 1 1.' . J" ~ ~'l I j .l.! . ,.'.... i. I .l" now delinquent, or that may become 'delinquent durinc;the life of this "1. ,',.:,..., i ~ ;..~J,jj-'.! i' j.,td~);-'i:: I, -!1- , " .," .---P--' ,{-.. I I I j i 1 ...1 I , I I ! '-c ,~ II"""c on the delinquent records be made by legislacive enactment effective during the period of this contract, the same shall no\; be collected nor commission allowed thereon. Also, ad valorem taxes, delinquent, levied against State-owned property for county and district purposes, the payment ,of which is to be t~ken care of by legislative appropriation provided for by Statute, are excluded from the prOVisions of this contract. Second Party shall not receive or collect any taxes, penalty or interest' under this contract, but the same shall be paid to the Tax Assessor- Collector as other del1nquen't taxes. 'IX. ThIs contract shall be in force from " "January '1, 19 57 , I .~ l ! _1 to December 11 19 ~, 'both date's inclusive, (not to extend " . ( 'I i .. ii" beyond December 31', '19 '58; the' end of' the pres'ent administration of the " j' ,. ., , ,I I ';"" r,.. J, . \..) -, " r- .1: ..0 "~ Commissioners 'Court'); "and' at 'the expiration of 'said periOd .this contract " . t.~ ! I'll J. .j;~ i/'t Lti'i DU j :.oJ'. ,i!)1Jc, L.:~ ft shall ,terminate, except' tnii',contr'a'c'tor' shaD be allowed six (6) months i t, 'j , nitro' >_i~ [.d', \ I.:; e;"'l,"'l.;,IL ~jl. which to proseoti.t'e lto'ltHa1 'court 'judgment'suits filed prior to , . f 't t . . tlv[.j )~., "- . :. December'3L',: '"J,"''t9'"58 ~ J termf<<adngllld'~te'6r" thl~ c~ntract prov:t andshall"lharidle: 'to" o onc;J,tia i'or\'l ailusu'1'tsLl{'{.. ~hi~h'l t~i~'i" c6~t' j~~~~~t~";' . 'lus'f'_:'..~ 1':~~rl ,'.dl. .~:, obtained during the period of this contract and which are appealed by an T'LV .' party. The Commissioners Court and the State Comptroller shall have the I....... 1" ..t-.. llj"'-.l"~ ,j.-! \'~q oJ cU~)'~"\lJJ \:.':"lLl di'l", right to,sooner3tenmfnate thf&lcontract, for cause, giving thirty (30) days I' t' ( ., I, . ',,.-... . ',_ . _ '" " :lr _ .bCjOC _..,p":) 1 'r~ )fq." _,1.. ....' . . . writ1;en',notiiie ~'6f/IBucl'i"'int'e'ritf6'ri.;: wnh 'a-~tatemerit of the cause or reasons . __ _ _ r r ",') I ,,' (' 1J ~:'.J L > l~, J;! l (llTI r ',~ J \ 01' for ,such ;terminatT6W/ a'fter"gfving 'Sec'ond Party a reasonable opportunity . . '". '.' " i+ . , : , .' . _ " "~.,~. Lf ,I', "\1"'1 Hi r1Yl')V!,''::> C "....J. .~'. of ,expl'aining -or, rectifying 'the 'same.' 'In case of such termination, , t is ~ I " 'I '" ,: './1' '1 ' . - I . - 4",~' -I- 11 ' ..-, 1, i r 'h." :\1'11]. 9J" ,\ 1, , U I I Sec.ond'PartY)~BhaIl"l';be ent'1tTed to receive and retain all compensation due r " -:!" /..' I \',' , ,.. '-'"1 r' 1(:.\ t'1'. ,}.11 t J 'J" I.. " ,- I up t,o ,the :date',of said"terminati'6ri.v: ',.. , .. ed, re . i " ~, " , , J '':..' " I 1" 'r ~ \'/ ; x,;-J" . l ~ J '., :~l' .' ",1\: L ' Before.any-corrunis13idns are'p1iia 6iit"uAd~;'the t~~~~ of this contract, "! - '(' "f Second Party, shall 'furnish' a Igood b\1d' !$'ufr1cie'nt "bond, "payable to the . ,'... , .' ' ~ COJ.![lty" Judge "and to 'his success'6rsln 6frice ,in' the 'sum ~fFive Thousand Dollars, (not tooei!ess thcin '$5;000.00: ~cc'drdln.slY as the 'C'ommissioners , , , ". ~ -. . . Co,urt 'd~ems, just "and proper)' to "be'executect'bya solvent su~ej;Y company;, \ , , or, if executed by private Parties',' the~ bond' s'hall be signed by at least three good anq sufficient sureties'ownini unincumbered real estate subject , -- -6-. . , ",4~ ~ I I I I - I .... .:J 8' 8' D ""'III I to execution, of value equal to the amount of bond and conditioneu upon the specific performance of the te'rms h~reof, including the making of reports, provided for in Section XI of this contract, and further con- .ditioned that he shall forthwith pay over to the Tax-Collector, or other persons justly entitled thereto, any money or commissions paid him by mistake, through error, or otherwise. Said bond shall be approved in open'Commissioners Court, signed by the County Judge, filed and recorded in the County Clerk's office, and a certified copy of same furnished to the state Comptroller. I XI. I At the end of each month, or as soon thereafter as the Tax ABsesBor- Collector shall have .made up his report showing collections made for such month, said ,Second Party shall have ,access to said report and shall by comparison of the same with .his own files or records of service, copies of whiohhe has filed with the Tax Assessor-Collector, make up in tripli- oate a report of cOllections 'outof which he is entitled to commission under 'the terms of this contract. Second Party shall also have access to the Collector's .receipts for such collections and shall, in his reports to be made on forms furnished by the Comptroller, show each year and the taxes oollected therefor on a separate line, Also, where collections are made after suit has been filed and oommission allowed at a' greater or different rate under the terms of this contraot Secontl Party, being guided by the f.lle docket. of, the Clerk of th4? Court, shall prepare and attaoh to his reports to be filed with th~ Tax Assessor-Collector a list showing, number of suit and date filed;, but in ,no event shall Second Party receive compensation in excess of fifteen (15) per cent as herein provided, After the report has been signed and sworn to bY Second Party, two copies of the same shall be delivered to the Tax Assessor-Collector, one to be attached to and sent with the Collector.'s monthly report to the Comptroller, the other to be filed in the Collector's office, and the third copy to, be retained by Second Party. I , XII. Each month, after having received copies of the contractor's report as provided for in the preceding Section, and after having checked the list -7- I , " I 'i'~ ..... ""-Gt l of taxes shown therein with his own report and \1ith copies of communi- cations filed with him, as prOVided,ror in Section XIII ~f this contract, and after having verified the correctness of corrunissions claimed, the County 'Tax As'se'ssor-Collector is hereby authorized, ordered and directed to deduct the above'specifledpe:::o cent 'of said taxes, ,penalty'ang interest, or such amount 'as ,can be allowed under ,the 'penalty and interest"re- striction, to which !Second 'Party is 'oentl'tled,' 'and, toi,pay ,the ,SaJ!l~:oto hl'm unless "o'therwtse he:rein d'lrected,' :and ,to take his ,receipt ,as proylged for on Form 107, ,Contractor's Report, which when receiv:edcin ,;the c! .0);,,; ,,,o'J ~omptroller's office will be the Comptroller's authority to allow the said 'TaX 'Assesso't-Collec'torcredl,t ,for ,the amciuntso ,paid., 'The'iTax AsseBsor-Ccille'ctor ;'beI'orecomplyingM:\Jth ttie', provis1;ons,of - th:1!s Section','] shal1:"firilt !satisfy' hiros,jff 'that "the )b'ond :requ:!:-red ,ciflJSecond ,P.artYrlundez"m the :'prOVisi6n~'cif:SEi~'t:l!bn '10 'ofthls !,C'orWrac,t: Ihas:,been.uapprcived andfHJCfI11J ~ placed'"onrecord,;liii1 ttiEi !oUic'e'~6f Ilthe"Couht'y '-lc'Jterltf''>/aiid'[it lBrihereby,~ :fW':.:. furtherprov'lded,' that 'sl1ouIcianY';<iue'eft1,on J,arise' lregard:1!rig';,coiiunission jj :'0 claimed, "the 'Tilx'JA:ss'esBor'::Cciliie'dtorClsna'll ^.w:l!thl1ciU!dtne' Jp~ymeht'6f1BUOh8h'J' cOrmUiBsldnbr ;an-LtlBt6Jnt~[;eq1f~d fJ,ificire't'o V'Pla!C~rig'l.the !same :)j;rieabrOW,:;'J:ana~, i;t . " . . . apply to' the <JSta€e )ari'drjoouiityj')Eicc6rdlngiy 'lEtS ttl1ey"iiiay ,De~.ai'feoted~'mfor c' t informaticin 'and Odl'reo~noili1S:Bto=itie ,prdpe't.~~m6uiit'of'~C6l!1fuiSB10ii 'dueOto:'!Xf13 be allowed ?;unaer-:'ttie'fe'rtri~ ~of l\thfs',~C'5ntra:St',. t'ld1 fifJ od e'),l 1 r WG 'f "j'1.a 3b":1lI '.. NOTE: . ~_ ").__"\..1 t,/,j")c'l ~)f!'.I::':JL T"h)''iJn,~) ;.;l'..Ll ,l(1 eIli'-J.' J tJdj' '1.JJi1;"'- :'..~ji '.' '-:.' !"/11.t1:J" Should,tne ElC6mmfBs:i!6rie'iia ~dour,e-arid. ~tne }jc6ntra!ctingpartyb ~J.l '.1 crci~ I,';d elect tha-tthe ,commiss:!!ons 'w1thheldbe 'placed in an escrow ' ::fundda:nd''Paid ,t6 :ithe ~Se'cbnd'<JP?:r.~y:dthe:ri:wi8d tl;hS:ti+aB .prov):ded':ioq'",.~ d1 in Sect:!!onXII 'of,this!ccintract" ',another ,section .setting torth.!the me'thod" ot ;;p8;yme'nt'(;to "thec'ontr8J.::t1i1g '2party,lshouId 'l')'Bdn,sfi be added to and inserted In, .thls cqntrac.t preceding .the ,last page 'preparied 'fbr,Mie il:1!gnaturies rior 't,?:e'''coritractfrigJCpar,ties.~;j J.)U:!Qn'..8:) I Ll 'i.,.... c,',;J 1. \~:t'j...;'-( r:..:d'(J._;..I~'-:=<xlil:.d~U\:!l:~ .fifU'- b~~'d_~t.1~ Hu:Jd ~.f,[l. j'irJtt:)'X ~~<.i-i. \ ' ' ' In order thatnthe"Tax"ASsess'or:-C611e'6'toHmay '<b'li: a:lii'e~'to 'verffy'aiid'~': attest the correctness cite onimtss':!?6riSJC~,lla1med ~ :bySe C o,nct: :pa~ty ~ as, evidence 'ot service 'and to e~t1tlehim ',to .thi.c'diinTi:liss'i'6i1s"pro;l'ded'lfbr inth~a: 'i:t , )j "r~:.i't contract, Second Party shall':file wHh the Tax' Ass~'iis6r-'Coiiector pHor:": l , ' to time ot payment, copies of such' cormnunications, tax notices or abstraotB , , . . < .' which shall be 'preserved by'the rTax ;'As'~essor-c\)Hector'!in 'soine: systematical order as will 'make them '~asilyo'acce'siiible f'or rtne purpose.' ofyerif1cat,ionL -8- , c , '/ '::.1 ,~ ',.' . ,.' , , " ,-2-, I I I I .1 '';' I <9 ~lJ ,E . .. I or'for such other value as the same may have in case it becomes neces- sary for the county and State to buy in such properties at tax sales, Said copy or copies shall also contain such information or reference as will enable the Tax Assessor-Collector to readily locate the tax as I it appears on his delinquent forms and delinquent records. XIV, It is further agreed and understood that this contract is for personal services and is not transferable or assignable without the written consent and approval of First Party, It is also agreed that the Commissioners Court of said county shall furnish suitable spaoe in or near the courthouse, as convenient to the records of said county as may be, for the purpose of carrying out the obligations of this contract by Second Party, all of which shall be performed by him in Calhoun County, Texas. xv. I It shall be the duty of the Commissioners Court and of all other officials of 'said county to cooperate with and render such reasonable assistance to said Second Party as the circumstances may require. Said assistance, however, is not to 'include the actual performanoe of the wor~ herein designated, to be performed by Second Party; and it being the dut1 of'the County Attorney or of the District Attorney (where there is no ' . County ,Attorney) to aotively assist Second Party in, the filing and, pushing to a speedy conclusion all suits for the oollection of delinquent taxes, it is hereby provided that where the Oounty Attorney or Districtr I Attorney (where there is no Oounty AttorneY) shall fail or refuse to rite and prosecute such suits in good faith, the Attorney prosecuting suits ~der this contract is here fully empowered and authorized to proceed with suoh suits without the joinder and assistance of said County or Distriot Attorney. Second party shall not become the purchaser of any property .. I at tax sales under this contract, but may bid in the property for the State or county at such sales. Reyised - 1952 -9- I , -7 .... ,...- ...t.. '-'. ". ~ IN 'CONSIDERATION'ofthe terms' and compensatj!ol1'hereinatated,,' . . D the Second -Party herebyacceptssaia 'employment 'and :urider:takes the) performance 'of said contra'dt 'as ,above<'written 'WITNESS "the 'signatur~s"-of. all, pal't':I:ea <hereto intr'lpncate: - J, I' ,., ,of '" ~:NovembElr 'I, originals, this the A. D. 19 56 , 12th da:y ':County, 'State.'o:r':ITeias~ <:alboun ". " , " , - - .0 ?~, -," . ".;' 'r"' ;" ".Ji .' ~ "".. BY: : "....; ,-: .'~l~', . j" '.i l' Ii..."'; J ;" , ..-;~~ "( 'I . :",' !.8. \',.j, :'} ~:,. .'1 ~:t1U<O~'. ,~; r " , 1\_ _ .) t;, j". J :... ~: :. " ':...i l. '..:' ~ ,\ 1_ i L., . [...,} " j'J; ,,, ; '. r: ;; )~; '{...; .1 . ',-,j' ~ /\ ." " . ,)11.., L 1. " '.:'0 t,-" ,....,"'-,. 1(' t .,'., ~ 1'"lv' ,) .... .. ....1, {_ -lCc..l.,. OJJ '_ ,J'" I ~:l '., t..' ._' _ ';'~'}' ~:.J.i.J':; '1 '_1{;!1 '::i'1 -'j .-' j, .4....:.... _'.; '.X l~' '.'- t. . .11-' ..) J,'-.t ) '.... '-r....~:. ,C,,". '" ,'lJ ....' 'i. .J" j {;.'I1Jl " '~ I " 'J\" ! -, r f, -." ,y:,~; ') 1 /" I "1/" I r~;'" ~{! < \0 .t". I- .'. " -. ..... <.' . ~.. L ./ .~ .l.. "'" ... - -.' , -' .-..-.~ r ~FIRB:r"PAR'l'Y C, ",,,' I '.J' ',,' ...,l':,) 1,' ;~:!.v'::.:l ,.(~.t"J.lt.(; rv"ij ,,' .,>,,,:Z';r,:~ "' r.,", Sf;;; '...;j' ,. ..(;, ~ -" ~.~ 'I', ~',.1J .11. ~ ..I..!'1!_"::\<:G J~l.f'; ... J ..~--, \) , , fi;:,; ,..l.J! ';.r:"; " 'i.:)~:"';t! ,r 'I -j 1.,) J 'f. t'.;~. ~l'; ,(<LL...fr~ L I.) ), ,-" I- .... H , ,~,'- . "'.J .... 1..." :r~'Jl,..';"'ll.'-:." U'i~.,;-i,~.! '}"."I.; )~'-,U:)'-~'''''i ~;; '., J..:t~. J. !T~' ::~.t :i' ~ ., " ~"I:,'J}, " "il. 'THE'STATE,OFTEXAS, DEPARTMENT OF.. qOMPTROLLER ",4' r-"l~,~lt' ...."\,j,,, ',/'--\1-,(..\,..... ... - . .. ~, ...., -'-, " ','- . . v" .c': i' .f> .... _7:.;..:t,~(..:: ' 1, ~ II ' ", ,'t ',_.10,','" :.... I. (. --. ". < "':. '.'~J ...' -', - - ...- I, the undersigned, ComptrollE!rof :Publ:1c ,Accounts of the .state 01.' , _ ' . , I- 'Jt. > \' ~ I! _ . F.I -' I . 1 .;.... ~..": "'.\ 1. ~ ,,', Texas, hereby Join the Conun1BBfol}ei\s 'Cour.tin the above contract to enlorae i ' , .', . . ': . ,"'. _,~. . . .' ~'" -.~. .. j . _ .1, I'~ :. :: '., - . . the collectio;; ~f delinquent .taxes in :said county, on'this the /6 day " ! h. \. ,.t,-., i of , "ft' ". ti.Av ,.<J I A"~l D.. -"_ ,.' 11 !l9$7. . .~; /~' ,'~L'" ',. , . ~rh otft~' c Examined and approved this' 14 tuft . -'\. ((f:(\ day of 57 <, -10- , o .. ..' ., I I 't I i :1 I \I ~ J. r : I I I Isq ,,6 THE STATE OF TEXAS COUN'rY OF CALHOUN i . I. the undersigned, County Clerk of said county, cer,tlfy' that the above and foregoing is a ,true and correct copy of a contraot reoorded in Volume J. Page 388-A in the Minutes of the Commissioners Court of said oounty, 15th WITNESS my hand and seal of said Court on this the day of /'Feb'rua~i " , ~. . , " . ., , ~' 11 '..~ L Ji eYa' .f!: . .:. '\.. ~ .~"rI' ) '/l.J "O'\.' ,." "... (".;. . ~.: I' ....:~:..~...,.._~j~. ,"..:~.~~.,,'" J\'</,;. :; ....' . j' ',' /' ", " .,".., , ' :' .Jf:;(?.... ,V-..),~:~......~.~:~/~,): . ; r~~.~i~~:~~>\ >,;,~':;'''.I.~~:.: '",~:,i' o ...-( _ . .,' ....... ~/ .,;:.,./,. _ l'>~,. ~/'" ~ " /i~-'" ~:>~"-l"~;: ..);;:.'-~.;t; .0'.., , /." ""\' " "."'",.' \;:,::!~J/;~;f~;s;~,;~t~;~~~" f (0' t. '.7 -.. , ,,\ \ ' '.. II ~. "',1" ~ \ .,.;'..,- .' .. l..... o,l ....~.:....., "'. . ' '. .'\\"'l~""''''''~' '.. . A. D. 19 57. " - BY: MAURICE G, WOOD COUNTY CLERK ff~~J~' - . Deputy; ~$?3' r ., r I ~ I [I II I: " I ! " ."j r"'r -_/' l.. -~~--~- / ,-,/ j ~'" ~ / I I I ,I ...,- I -. J r 389 ., . SPECIAL NOVEMBER TERM .HELD NOVEMBER 19,1956 I THE STATE OF TEXAS 0 COUNTY OF CALHOUN 0 BE IT REMEMBERED, that on this the 19th day of November, 1956, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and state, a Special November Term, same being the second Special November Term, 1956 and there were present on this day the following officers of the Court, to-wit: I Howard G. Hartzog Maurice G. Wood County Judge County Clerk Frank E. Wedig Ernest H. Radtke Commissioner, Pr.l Commissioner Pro 3 R. F. Kemper Clarence Barton Commissioner Pro 2 Commissioner Pro 4 WHEREUPON, the following orders were made and entered by said Court, to-wit: . CANVASSING VOTE - .- I ON MOTION DULY MADE by Mr. Clarence Barton, seconded by Mr. R. F. Kemper and unanimeusly adopted, it was oredred,that election notices be published, ordering the Court House and Agriculture Building Bond election to be held on December 15, 1956. ORDER ELECTION ORDER THE STATE OF TEXAS ~ COUNTY OF CALHOUN ~ . On this the 22nd day of November, 1956, the Commissioners Court of Calhoun County, Texas, convened in regular session at a Special Term of said Court at the regular meeting place thereof in the Courthouse at Port Lavaca, Texas, with the following members of the Court present, to-wit: I I HOWARD G. HARTZOG, COUNTY JUDGE F. E. WEDIG, COMMISSIONER PRECINCT R. F. KEMPER, COMMISSIONER PRECINCT ERNEST RADTKE, COMMISSIONER PRECINCT CLARENCE BARTON, COMMISSIONER PRECINCT I MAURICE G. WOOD, COUNTY CLERK, 'nd among other proceedings had by the Court, were the following: , It was moved by Commissioner Clarence Barton, and seconded by Commissioner . F. Kemper, that there be submitted to the qualified voters of said County rho are property taxpayers who own taxable property in said County and who have ~Uly rendered the same for taxation, the proposition for the issuance of bonds of said County in the swn of $800,000.00, for the purpose of erecting a county Icourthouse and jail in and for said County, and the proposition for the issuance Df bonds of said County in the sum of $200,000.00, for the purpose of purchasing, ~ui1ding and constructing buildings and other permanent improvements, including Bites therefor, to be used for annual exhibits of horticultural and agricultural products, and/or livestock and mineral products of said County; the election to pe held on the 15th day of December, 1956; the motion carried by the rOllOWing vote: AYES: Commissioners ALL NOES: NONE. THEREUPON, the following ELECTION ORDER was adopted: I WHEREAS, the Commissioners Court of Calhoun County, Texas, deems it divsable and necessary to submit to the qualified voters of Calhoun County, exas, who own taxable property in said County and who have duly rendered the ame for taxation, the propositions hereinafter set forth; THEREFORE, BE IT ORDER~D BY THE COMMISSION~RS COURT OF CALHOUN COUNTY, EXAS: That an election be held on the 15th day of December, 1956, at which lection the following propositions shall be submitted: NO.1 NO.2 NO. 3 NO. 4 I I . PROPOSITION NO.1 , '-' - :;. ..... "'390 00" ~ ~ to N PROPOSITION NO.1 Shall the Commi's'si"6ners' "Court" "of Calhoun County, Te"xis', 'bEi 'aut'hor;rzed" ". "".",., - -- -- - to issue bonds of siad County in th'i' ,stUll of $800,000.00, payable at such __ ., _,_ times as may be fixed by the Commissioner's 'Court, serially or otherwise, not to exceed twe'nty t20lye-ar's' Tr'oni tlfeTr' 'da't'e-,- 'bEili:rTn-g--n:it-eYe's't-at' a -r-it'e- --,' - - - ., --, ,-' ,-, not to exceed four (4%) per cent per annum, and to levy a tax 'sufficient to pay the current interest on said bonds and create a sinking fund sufficient to redeem them at maturity, for t he purpose of erecting a county courthouse and jail in and for said COU:(lty, as authorizecj. by t he Constitution and Laws of the State of Texas.' , Shall the Commis.sioners Court of Calhoun County, Texas, be authorized to issue bonds of said County in the sum of $200,000.00, payable at such times as may be fixed by the Commissioners Court, serially or otherwise, not to exceed twenty (20) years from their date, bearing interest at a rate not to exceed four (4%) per cent per annum, and to l~vy a tax sufficient to pay the current interest on said bonds and create a sinking fund sufficient to redeelllmthem at maturity, for the purpose of purchasing, building and construct- ing buildings and other permanent improvements, including sites therefor, to be used for annual exhibits of horticultuJ;'al and a'gricultural prodects and/or livestock and mineral products of said County, as authorized by the Constitution and Laws of the State of Texas. __ The polling places, presiding officers and special canvassing board for canvassing ballots of absentee voters, shall be as follows: . . , . . PRECINCT NO. , 1 2 3 4u 5 E; 7 8 9 10,) 11 12 13 14 15 . 'I PROPOSITION NO.2 1 . VOTING PLACE PRESIDING OFFICERS - ...: Port Lavaca-County Courthouse , . Mrs. Charles MODre, Jr. ,;Chocolate-Joe Bretts Residence ,Joe Brett Six Mile-School House Robert Meyer Olivia-School House Mrs. G. D. Swenson Boyd School-E.S. Sanders Residence - -- - -Mrs. E-. -S. Sanders Magnolia Beach-C. E. Sachrison Residence Mrs. C. E. Sachrison Long Mott-School House Mrs. Louie Walker Seadrift-School House Mrs. M. B. Binderwald Kamey-J. W. McKamey Residence Glen MCKamey. Port O'Connor-School 'House Mrs. tloyd W. Hawes Green Lake-Morman Gin Office Mrs; J. C. Williams Heyser-Humble Production Office Mrs. W. R. Jaco Port Lavaca-U. S. O. Building Mrs. Natalea Thayer Point Comfort-Community Center Mrs. L. E. Gross Port Lavaca-Roosevelt School Nrs. Mar~inDolzel , I SPECIAL CANVASSING BOARD: Wava Schliesing, Joe Koenig, Wanda fhedford. That said election shall be held under the provisions of Chapter 1, Title 22, Revised Statutes, 1925, and the Constitution and Laws of the State of Texas, and only qualified voters who owl;1 t,axable property om said C01,lnty and who have duly rendered the Sffine for taxation, shall be allowed to~vote. The ballots for said election shall have written or peinted thereon the following: . OFFICIAL BA"LLOT FOR THE ISSUANCE OF THE BONDS AND THE ill VYING OF THE TAX IN PAYMENT THEREOF, AS SUBMITTED IN PROPOSITION NO.1. AGAINST THE ISSUANCE OF THE BONDS AND THE LhVYING OF THE _ TAX IN PAYMENT THEREOF, AS SUBMITTED IN PROPOS'ITIONNO. 1. FOR THE ISSUANCE OF THE BONDS AND THE DEVYING OF THE TAX IN PAYMENT THEREOF, AS SUBMITTED.IN PROPOS'ITION.NO. 2 I .' . AGAINST THE ISSUANCE OF THE BONDS A~u THE'LEvYING OF THE TAX'IN PAYMENT THEREOF, AS SUBMITTED, IN PFWPOSITION ,NO.2. As to each of the foregmlng propositions, each vvoter.shall vote by placing an X in the square beside the expression of his choice, or said voter may scratch or mark out one of said expressions"thus leaving the other as indicating his vote on the two propositions, respectively'. A copy of this order; signed by the County Ju?ge of said County ,and attested by the County Clerk of said County shall serve as proper notice of said election. The County Judge is authorized and directed to cause said notice of the election to be posted up at the County Courthouse door and in each election _ precinct at least fourteen (14) day~prior to the date of said election. l I ,'. . ~ '- , r "'III 391 . I The County Judge is further authorized and directed to cause notice of election to be published in some newspaper of general circulation published within said County, on the same day in each ,(2) successive weeks, the date of the first publicat~on to b? not fourteen (14) full days prior to the date set for sa~d elect~on. PASSED AND APPROVED, this the 22nd day of November 1956. sai.d of two less than COUNTY JUDGE, CALHOUN COUNTY, TEXAS. IATTEST: I COUNTY CLERK ~:. ~:- ~HH~ ~:. ~:- .,;.; .. .. i} INUTES AiID ADJOURNMENT . 'eourt being present, on motion duly adopted the Minutes of the previous I pproved. Court adjourned. ON THIS the 19th day of November, 1956, at a Special Term of the Commissioners Court of Calhoun County, Texas, with all members of the made, seconded and unanimously meeting in November were read and /' I Howar County kPECIAL DECEMBER TERM II HELD DECEMBER 3, 1956 . ~HE STATE OF TEXAS ~ . OUNTY OF CALHOUN ~ BE IT REMEMBERED, that on this the 3rd day of December, 1956, there was begun and holden.at the Courthouse in the City of fort Lavaca, said Eounty and State, a:Special December Term, same being the first Special ~ecember Term, 1956 and there were present on this day the following bfficers of the Court, to-wit: Howard G. Hartzog County Judge Frank E. Wedig Commissioner, Pro 1 Maurice G. Wood County Clerk Ernest H. Radtke Commissioner Pro 3 I R. F. Kemper Commissioner Pro 2 Clarence Barton Commissioner Pro 4 WHEREUPON, the following orders were made and entered by said Court, o-wit: I ON MOTION DULY Y~DE by Mr. Frank ~emper, seconded by Mr. Frank E. Wedig, nd unanimously adopted, State Highway Commission('Minute Order No. 40968 as ordered accepted. RESOLUTION ACCEPTING THE PROVISIONS OF STATE HIGHWAY COMMISSION MINUTE ORDER i HE STATE OF TEXAS ~ OUNTY OF CALHOUN ~ Port Lavaca, Texas December 3, 1956 . Motion was made by Frank kemper and seconded by Frank E. Wedig that ,he Calhoun County Commissioners' Court accept the provisions contained in ,inute Order No. 40968 passed by the state Highway Commission on November el, 1956, for the improvement by the Texas Highway Department of the roads ,escribed below and that Calhoun County agrees to furnish all required right- f-way free of cost to the State:, From US 87 at Clark's Station, south to State 238, a distance - ..... ... ""-392 of approximately 4.3 miles. VOTE on the motion was as follows: AYES: ALL NONE NOES: WHEREUPON the motion was decalred carried. THE STATE OF TEXAS '1'-'.'-'---. .____", COUNTY OF CALHOUN 1 . I passed 1956. hereby certify that the foregoing is a true and correct copy of order by the Commissioners' Court of Calhoun County, Texas, on December 3rd, ( SEAL) , SIGNED: MauriceG. .Wood, County. Clerk, by Wava Schliesing, Deputy " ' REGUIA R DECEMBER TERM HELD DECEMBER 16~ 1956 THE STATE OF TEXAS I COUNTY OF CALHOUN Q BE rr REMEMBERED: "that -on -this .,theloth-day" 6f'j5ecem6er; -r956--there was begun and, holden at the Courthouse in the City of Port Lavaca, said County and State, a Regular December Term, 1956, of the Comm~ssioners' Court wtthin'and for said County and State, and there were present on this daY,the following officers of the COur't, to-wit: Howard G. Hartzog County Judge Maurice G. Wood ,- 'County- CIeri{- - -- -- - h Frank E. Wedig Commissioner, Pro 1 Ernest"li:-Radtke ,_ ,_ __ _ ".Commissioner Pr. 3 R. F. Kemper Commissioner Pro 2 Ciarence'Barton ' 90mmtssioner Pro 4 WHEREUPON, the following orders were made and ent~red by said Court, to-:si t: ' , : - - - - - - - - - -- - -- COUNTY AGENT REPORT Motion was made by Mr. Frank *emper, seconded by Mr. Clarence Barton and unanimously carried, to suspend the regular order of business in order that . the Court might hear Mr'oCyrus COOk, County Agent bring his report, and show pictures of the past years achievements by his department. ---------------------- REQUEST BY CONSTABLE Motion was made by hr. Clarence Barton, seconded by Mr. Frank Wedig and unanimously adopted,to take the request of Mr. C. L. Bouquet, Constable fro 1 for appointment of a Deputy Constable to take over the night watching and night peace officer work,under consideration. - - - - - - - - - - - - - - TREASURER'S REPORT APPROVED 00 ~~ ~ i::O ;;"'1 . I I . I . . I On this the lOth day-of December, 1956, at a Hegular Term of the Commissioners' Court, with all members being-present, Miss Mary'Stephens presented her, report for the month of December, 1956, and it having been read in open Court and the Court having duly considered the same together with the exhibits accompanying same, and having the balances compared in the various accounts and finding said report to be correct, on moti9n_d~+y ma~~,__s~~9~~~~,~~~ un~~}~ously carried, the County Treasurer's Report for the month of December, 1956 be -- , , ., l I . .... 393 ~ . and the same is hereby approved. It is so ordered. ECCOMENDATION OF GRAND JURY RELATIVE TO ENFORCEMENT OF NARCOTIC LAWS I ON MOTION DULY MADE by Mr. Clarence Barton, seconded by Mr. R. F. Kemper it was unanimously ordered that the reccomendation or the Calhoun County ',Grand Jury as signed by all its members, regarding provisions ror runds to secure legal evidence ror the prosecution of persons violating the arcotics laws, is hereby acknowledged, and that necessary provisions be orked out with the Sherrif's Department. whereby the same may be handled as an ordinary expense of investigation and prosecution upon the submission or claims for processing by the County Auditor and the Commis~ioners' Court. I ~PPROVAL OF BILLS After the reading or the bills in open court, and discussion or same, as presented by Mr. James Houlihan, County Auditor, Mr. Clarence Barton ade motion to approve bills Nos. 118 through 386. The motion was seconded by Mr. Frank Kemper and unanimously adopted. - - - - - . TAX ASSESSORS AND COLLECTORS REPGRT FOR OCTOBER AND NOVEMBER APPROVED I On this the lOth day of December, 1956, at a regular term of the Ecommissioners' Court of Calhoun County, Texas, with all members of t he Court eing present, Mrs. C. V. Guidry, Deputy, presented her repcrt ror the mmnths of Uctober and November, and it having been read in open Court, and the Court ~aVing duly considered the same together with the exhibits accompanying same, land having the balances compared in the various accounts, and finds that said report is correct, on motio~ duly made, seconded and unanimously carried, the ax Assessor-Collectors report tor the months of Uctober and November 1956, be and the same is hereby approved. I ~PPROVAL OF BILLS ~ On this the 11th day of December, 1956, at a regular term or the Commissioners' Court of Calhoun County, Texas, with all members or the Court being present, ~r. James F. Houlihan, County AUditor, presented bills nos. 1 to 150, ror expenses rrom December 1st to December 11th, inclusive. After examination and discussion or same, on motion duly made by Mr. Clarence Barton, seconded by Mr. Frank emper and unanimously adopted, ,said bills be and are hereby approved". -------------- CONSOLIDATING COUNTY INSURANCE On motion made by Mr. Clarence Barton, seconded by Mr. Frank Kemper and unanimously adopted, the Court instructed Mr. James F. Houlihan to examine the Co~ntyls insurance, investigate and make a report and reccomend- ations on consolidating County insurance. . AMENDMENTS AND CORRECTION TO MINUTES On motion made by Frank Kemper, seconded by Frank Wedig and unanimously carried, the Minutes of Adoption or S~ate Highway Minute Order No. 40968, on December 3rd, was amended to incluGe adoption or Munute Order No. 40969, 8/10 mile of the Six Mile road. I MINUTES AND ADJOURNMENT ON THIS the lQth day of December, 1956, at a Regular Term of the Commissioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion dUly made, seconded and unanimously adopted the MIDnutes of the previous meeting in December were read and approved. Court Adjourned, I ~~~ Mau ~ce G. Woo, County er . . ... ~ r"394 . SPECIAL DECEMBER TERM HELD -DECEMBER -17-, -1996 BE IT REMEMBERED, that on. this the 17th day or December, 1956, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State a Special !December Ternlortl1e'Cormitissioriers,--Court"""WHfiin'and 'for 'said ,'.---". County and state, same being ~h~ Second Special pecember Term, 1956, and there were present on this day the rollowing of ricers or the Court, to-wit: Howard G. Hartzog, County Judge Maurice G. Wood, County Clerk Ernest H. Radtke, Commissioner, rr~3 Clarence Barton, Commissioner, Pro 4 Frank E. Wedig, Commissioner P~ 1 n R. F. Kemper, Commissioner Pro 2 WHEREUPON, the rollowing orders were made and-entered. by ,said-Court., to-wit: - - - -- - - - - - - - - - RIGHT OF WAY HIGHWAY NO. 35-ALCOA-CPL PROPERTY EXCHANGE WHEREAS, Central Power with a conditional right or not acceptable to t he State and Light Company, heretofore furnished Calhoun County way deed' which, was., because or the ,conditions, AND WHEREAS, Central Power and Light Company ~nd the Al'uminUm Company or America have entered into 'agreements -as -to -the exchange 'of 'land 'taken a'nd'" " Central Power and Light Company has agreed to.furnish a right or way deed as required by the Stat~ therefore ' ON MOTION made by Clanence Barton, seconded by Frank kemper and . unanimously carried it :ES ordered'that upon presentment of:.the corrected right of way easement by Ceptral Power and LIght Company, that the County Clerk and the County TreasureD be author.ized to pay the sum of $448.00 to Central Power and Light'~ompany, and that the ~ounty Surveyor be paid the sum of $75.00 for the' survey of the Central Power and Light Company easement of enclosure. " . . COURT HOUSE GROUNDS SURVEY ON MOTION DULY MADE, seconded and carried, the plot of existing Court House Grounds showing'locatioh of utilities, streets, tBees, bounaari~s ' and elevations, as prepared by County'Sunveyor, Charles Hodges, be approved and the bill for services in the amount of $214.00' to be paid' out' of the Permenant Improvement Fund: . , .- . CANVASS OF ELECTION RETURNS OF DECEMBER 15, 1956 All election returns were duly canvassed as provided by law. On motion made by Clarence Barton, seconded, by R".F.' Kemper and unan~mously carried, the Court dl:lly car:vassed.' . DIVISION OF ASSESSOR-COLLECTOR AND - - - - . - ,SHERRIF'S OFFICE ORDER CANVASSING RETURNS AND DECALRING RESULT OF ErECTION THE STATE OF TEXAS CGUNTY OF CAEHOUN I I On this the 17th day of December, 1956, the Commissioners Court of Calhoun County, Texas, convened in regular session at a special Term thereof at the regular meeting place in the Courhouse at Port Lavaca, Texas, with the following members of the Court present, to-wit: ' HO~ARD G. HARTZOG, County Judge, F. E. WEDIG, 6;~i~;i-;~~;'-Precinct No.1, R. F. Kemper, Commissioner Precinct No.2, - Ernest Radtke, Commissioner Precinct No.3, CLARENCE BARTON,", MAURiCE (7, WOOD, Commissioner Precinct No.4, ." . .~. County Clerk, and among other proceedings had by the Court, were the following: There came on to be considered the returns of an election held in said County on the 15th day of December, 1956, for the purpose of submitting the following propositions to the resident qualified property taxpaying voters, who own taxable property in said County and who have duly rendered the same l ~ -~ 00 ~ ~ t::::') N. / . .....-., I I . I . I I . ...,.j r 395..... . for taxation for their action thereupon: PROPOSITION NO. 1 I Shall the Commissioners C0urt of Calhoun County, Texas, be authorized to issue bonds of said County in the sum of $800,OOO.OO,payable at such times as may be fixed by the Commissioners Court, serially or otherwise, not to exceed twenty (20) years from their date, bearing interest at a rate not to exceed four (4%) per cent per annum, and to levy a tax sufficient to pay the current interest on said bonds and create a sinking fuhd sufficient to redeem them at maturity, for the purpose of erecting a county courthouse and jail in and for said County, as authorized by the Constitution and Laws of the State of Texas. I PROPOSITION NO. 2 . Shall the Commissioners Court of Calhoun. County, Texas, be authorized to issue bonds of said County. in the sum of $200,000.00, payable at such times as may be fixed by the Commissioners Court, serially or otherwise, not to exceed twenty (20) years from their date, bearing interest at a rate not to exceed four (4%) per cent per annum, and to levy a tax sufficient to pay the current interest on said bonds and create a sinking fund sufficient to redeem them at maturity, for the purpose of purchasing, building and construct- ing buildings and other permanent improvements, including sites therefor, to be used for annual exhibits of horticultural products and/or livestock and mineral products of said County, as authorized by the Constit&tion,and Laws of the State of Texas. And it appearing that said election was.in all respects legally held after due notice had been given, and that the said returns were duly and legally made and that there were cast at said election 877 valid and legal votes, of which number there were cast: ' --- I FOR THE ISSUANCE OF THE BGNDS AND THE LEVYING OF THE TAX IN PAYMENT THEREOF, S SUBMITTED IN PROPOSITION NO. 1..............................401 votes. GAINST THE ISSUANCE OF THn BONDS AND THE LEVYING OF THE TAX IN PAYMENT HEREOF, AS SUBMITTED IN PROPOSITION NO.1...............,..... 46 votes. FOR THE ISSUANCE OF THE BGNDS AND THE LEVYING OF THE TAX ON PAYMENT THEREOF, S SUBMITTED IN PROPOSITION NO. 2..............................328 votes, GAINST THE ISSUANCE OF THE BONDS AND THE LEVYING OF THE TAX IN PAYMENT THEREOF, S SUBMITTED IN PROPOSITION NO.2............................ ..102 votes. . IT IS THEREFORE ORDERED AND DECLARED by the Commissioners Court of Caihoun County, Texas, that both propositions for the issuance of said bonds were sustained by a majority of the resident qualified property tax- ~aying voters who owned taxable property in said County and who had duly ~endered the same for taxation, voting at said election, and that the Commissioners Court is authorized to issue the bonds and to levy and to have assessed and collected said tax in payment thereof, as submitted in EroPosition No.1, and to issue the b0nds and to leby and to have assessed 'kand collected said tax in payment thereof, as submitted in Proposition No.2. The above order being read, it was moved and seconded that same do pass. hereupon, the question being called for, the following members of the jGourt voted AYE: FRANK E. WEDIG, R~ F.:KEMPER, ERNEST RADTKE, CLARENCE; BARTON, ~ND the following voted NO: NONE. COUNTY JUDGE I OMMISSIONER PRECINCT NO. 1 COMMISSIONER PRECINCT NO. 3 OMMISSIONER PRECINCT NO. 2 COMMISSIONER PRECINCT NO. 4 - - - .. --- I MINUTES AND ADJOURNMENT ON THIS, the 17th day of December, 1957, at a Special Term of the Commissioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion duly made, seconded and unanimously adopted the Minutes of the previous meeting in D cember were read and approved. . ATTEST: ~1f.~..tn~ , .... - "'-396 ao~ ~ ~ I:e N . ~ ,: SPECIAL JANUARY TERM HELD JANUARY 1, i957 THE STATE OF TEXAS COUNTY OF CALHOUN D D D -I BE'IT'REMEMBERED, that on this the 1st day of January, 1957, there was begun and. hqlqeg ~t,the Courthouse in the City of Port Lavaca, said County and State a Special January Term of the Co~ission~rsr Court within ?nd for said County and State, same being the First Special January Term, 1957, and there were present on this day the following officers of the Court, to-wit: Howard G. Hartzpg, County Judge Frank E. Wedig, Commissioner, Prct. 1 R. F. Kemper, Co~issioner, Prct. 2 Maru'i-c-e' 'G. Viood',- 'c'ounty Clerk Ernest H. Radtke, Commissioner, . , Prct. 3 Clare~ce Barton, Commissioner, Prct. 4 I WHEREUPON, the following orders were made and entered by said Court, to-wit: - - - - - - - - - - - - - - - - - - - ON THIS the 1st day of January, 1957, with all members of the Court being present, the Commissioners' Court of Calhoun County met for the purpose of examining the official bonds of the County and Precinct Officers elected at the General Election on November 6, 1956. There were presented in open Court the bonds of the officers listed below, and after examination and approval of the same by the Court, on motion duly made by Mr. Clarence Bartoif; seconded by Mr. R. F. Kemper, the said officers were duly sworn and qualified for their particular office according to law. The motion was unanimously adopted. Jack Fields, County Attorn~y'" .". ...... ""j;;k'D~~;~~~ Campbell, Constable,Prct.4 Frank Wedig, Comwissioner,.Prct..l.. .......,.J. C. Rush,Constable, Ernest Radtke, Commissioner, Prct. 3 Prct. 3 D; B. Halliburton, Sherrif Grady Malone, Constable, . , . . . . . . . . , . . . . . . . . . , . . . . . . . . . . . Prct. 5 c. L. Bouquet, Constable, Prct. 1 The bonds of the fqregoing officers,were.ordered.filed.with the County Clerk. . I - - - - - - - - - - - - - - - - - - __I JUSTICE OF PEACE, PRCT. 3 ON MOTION MADE by Ernest Radtke, seconded by R. F. Kemper, anm unanimously adopted, Ben Thomas was appointed ~ustice of the Peace of Precinct No.3, to fill the vacancy that ,has been unfilled since his resignation to serve as Sherrif. , - - . DEPUTATIONS ON THIS the 1st day of January, 1957, with all membe;s . being present, the Court ordered the following Deputations of .the Court approved: . W. E. Laas, Chief Deputy Sherrif James Marvin Williams, Deputy-Sherrif"'-- Robert J. Grantland, Deputy Sherrif K~~~e,?~~~:!!_~~P~~!_~~~_2?~J~ctor I COUNTY DEPOSITORIES ON MOTION made by hr. Clarence Barton, seconded by Mr. Frank Wedig'_9~~__,._,. __, .,' unanimously adopted~'tn~-following-advertisements for a County Depository for County and School Funds were authorized: _ _ _ . _ ~ _ _ _ _ I - .",- , , . , . "" ..... , 39'7 ~ . STATE OF TEXAS ! ! COUNTY OF CALHOUN ! IN THE COMMISSIONERS' COURT NOTICE OF BIDS FOR COUNTY DEPOSITORY I TO ALL BANKS, BANKING CORPORATIONS, ASSOCIATIONS OR INDIVIDUAL BANKERS. NOTICE IS HEREBY GIVEN that bids will be accepted for a County Depository, by the Commissioners' Court of Calhoun County, Texas, at its Regular February Term at 10 o'clock A. M., February 11th, 1957. I All Banks, Banking Corporations, Associations or Individual Bankers, are notified that in making such bids for contract for County Depository, that part of said Funds of said County shall be calssified as demand deposits and a part, as time deposits as provided by Article 2546 V. c. S. '1'. Seal S/ Howard G. Hartzog, County Judge ATTEST: . S/ Maurice G. Wood, County Clerk .::. ~:~ .::. .. STATE OF TEXAS ! ! COUNTY OF CALHOUN ! IN THE COMMISSIONERS' COURT NOTICE OF BIDS FOR COUNTY SCHOOL FUNDS DEPOSITORY TO ALL BANKS, BANKING CORPORATIONS, ASSOCIATIONS, OR INDIVIDUAL BANKERS. I Notice is hereby given that bids will be accepted for a Depository Bank for the County School Funds for the biennium 1957-59, by the Commissioners' Court of Calhoun County, Texas, at its Regular February Term at 10:15 o'click A. M., February 11th, 1957. All Banks, Banking Corporations, Associations or Individual Bankers are notified that in making such bids for contract for County School Funds that part of said ~unds of said County School Fund shall be calssified as demand deposits and a part as time deposits as provided by Article 2546 v. D. S. T. s/ Howard G, Hartzog, Ex-Officio County Spuerintendent - - - - - - - - - - - - - - - - - - . OUT OF COUNTY TRAVEL AUTHORIZED ON MOTION made py Frank Wedig, seconded by Clarence Barton, and unan~mously adopted, it was ordered that the members of the Commissioners' Court and the County Judge be authorized to be absent from the County whenever it is necessary for the transaction of Public Business as provided by law. ----"'::---------- I HOSPITAL BOND RECALL ON MOTION MADE by Clarence Barton, seconded by Frank Kemper, and unanimously adopted , the following resolution authorizing the County Auditor to purchase certain Calhoun County Hospital Bonds: Bonds-Nos. 94/103 Bonds Nos. 106/126 I I- . . lo... .... ""-398 ~"" ~ , ttl N . THE STATE OF TEXAS I I COUNTY OF CAIJIOUN I IN THE COMMISSIONERS' COURT WHEREUPON, it having been brought to the attention of the Court that the County Depository holds $31,000.00 of Calhoun County Hospital Donds which will mature in 1957, 1958, and 1959, which the bank's fiscal officer will surrender at their book value, and the Court having been advised that sufficient funds are on hand to the credit of the Hospital Sinking Fund to permit the retimement of these bonds before maturity and to save the interest on same to maturity,it was moved by Commissioner Barton, seconded by Commissioner Kemper, and unanimously passed by the Commissioners' Court, that the County. Auditor and County Treasurer'be, and they are hereby, authorized and directed to notify the First State Bank of Port Lavaca, Texas, to surrender said bonds for payment, and the County Clerk be, and he is hereby authorized to draw a warrant upon the Hospital Sinking Fund to pay for said bonds and accrued interest to date of surrender. I I sl tioward Q. tiartzog, Gounty JUdge Calhoun County, Texas , . . ATTEST: Maurice G. Wood, County Clerk HOSPITAL TRUSTEE - RESIGNATION ON MOTION DULY MADE, seconded and unanimously carried, the resignation of John Faubion as a member of the Board of Trustees of the Calhoun County Memorial Hospital was ordered"accepted and Sam Faubion was duly appointed in his stead. ----------. I HOSPITAL TRUSTEE APPOINTED ON MOTION MADE by Ernest Radtke, seconded by R. F. Kemper, and unanimously adopted, Phillip Marquette was appointed as a member of the Board of Trustees of the Calhoun County Memorial Hospital. .. . CORRECTION OF MINUTES On motion made' by-'Clarehce- B'arton--, - se-con-de-d~,15y-R'.- F'.-.K'efuper';- and unanimously carried, it was ordered that t he minutes of _the -October.. Term be corrected to show the authorization of a salary increase from $250.00 per month to $300.00 per month, as, acted upon at that tfume " and that the County Clerk and the County Treasurer be authorized to make an adjustment in the salar~ of. Deputy Kilgore in the amount of $150.00. . INVESTMENT OF FUNDS On motion duly made, seconded and unanimously adopted, the Court authorized Mr, James Houlihari, County Auditor, to--invest $271,500.00 in' -- County Funds, in ~ Certificates of Deposit at First State Bank, for a 6 month period ending July 5, 1957; . And to invest $351,500.00,01' the surplus in the Flood Control Fund, in 3% Certificates, maturing in 3 years from date of issue. I - - -:- - - - - - - - -- MINUTES AND ADJOURNMENT ON THIS,the first day of January, 1957, at.a Spec1alTermof the_. _ __ Commissioners I Cou:rt of Calhoun County, Texas, with all memb,ers of the Cou:rt being present, on motion duly made, seconded and unanimously ~~opted, the Minutes of the previous meeting in December~re'read and appro, ved. eMt adjourned, t(~lt .~ Howar . . ar zog"Coun y, u ., ,Calhoun County, Tex?-s I - ATTEST, ~ ~ ' ... Mauric~n~~r ....,.. .~ . , .~ ---:.- ~ l ....l r 399'""'ll ~-- . ,REGULAR JANUARY TERM HELD JANUARY 14, 1957 THE STATE OF TEXAS I COUNTY OF,CALROUN ~ I BE IT RE}1EJ'1BEIED, that on this the 14th day of January, 1957, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State a Regular Term of the Commissioners' Court witinand for said Icounty and State, same being the Regular January Term 1957, and there were present on these dates the following officers of the Cour6, to-wit: I HOWARD G. HARTZOG, County Judge FRANK E. WEDIG, Commissioner pro 1 R. F. KEMPER, Corr~issioner Pro 2 ERNEST H. RADTKE, Commissioner Pro 3 CLARENCE BARTON, Commissioner Pro 4 J~URICE G. WOOD, County Clerk. WHEREUPON the following orders were made and entered by said Court to-wit: RIGHT OF WAY HIGHWAY 35, JOHN GARNER PROPERTY . Mr. Scarborough, attorney for John Garner, appeared and offered to make final settlement in the pending Condemnation Cause No. 532 in the County Court on the following basis: Court Award-Land Shell Improvement $9,210.00 6,381.00 7,839.06 23,430.06 5,000.00 2b,430.0b Additional request..,..,.... On motion duly made seconded, unanimously passed, final action was postponed for further investigation and consideration. SHERIFF'S RECO~~ffiNDATIONS I The requests of the County Sheriff was duly prepared, as provided by 'law and submitted to the County Auditor. COUNTY CLERK'S RECOMMENDATIONS The requests of the County Clerk was duly prepared, as provided by law and submitted to the County Auditor. . TREASURER'S REPORT APPROVED . I On this the 14th day of January, 1957, at a Regular Term of the Commissioners' Court of Calhoun County, Texas, with all rrnmbers of the Court Ibeing present, Miss Mary Stephens, County Treasurer, presented her report for the month of December, 1956, and it ~aving been read in open Court and the Court having duly considered the same together with the exhibits accompanying same, and having the balances compared in the various accounts and finding said r~port to bs correct, on motion dulyomade by Clarence Barton, seconded by R. F. Kemper, and unanimously adopted, the County Treasurer's Report for the month of December, 1956, be and the same is hereby approved, ROSS TERRY BO~ID APPROVED I On motion made by Clarence Barton, seconded by R. F. Kemper and unanimously adopted, the bond of Ross Terry, Delinquint Tax Collector for Calhoun County, was approved. DEPUTY CONSTABLE I On this the 14th day of January, 1957, 'Jith all members of the Court being present, there came before the Commissioners' Court of Calhoun County, Texas, in regular order of business, the request of Constable C. L Bouquet, to authorize a change in his hours in employment and to appoint a Deputy Constable who would work at night, take over and operate tne existing privately owned night watching business now carried on by the Constable of Precinct No.1. After a discussion, it was determined that since the Constable of Precinct No.1 is an elective office, elected by the Citizens of Precinct No.1, that the Commissiion~rs' Court of Calhoun County has no authority to change his hours of employment; that after advisement with Officials of the City of Port Lavaca, the Court finds that the night watching service now carried on is conducted for and at the expJnse of the individual merchants and businessmen residing in the City of Port Lavaca, Texas, and that t- . ~ .... r"400 QO -, ~ ~ t^' "-.1' . the Commissioners' Court has no jurisdiction over such service. On motion made, s~con~ed~:~~d~una~imo~sl~:~a~r~~d~,~he,~~~~~~~_~~~.~~~i~~;':::,::~,,_:~::_ APPROVAL OF BILLS On thfus the 14th day o~ January, 1957, with all members o~ the Court being present,James F. Houlihan, County Auditor, presented bills no. 1 through 136. A~ter examination and discussi,on of ,same, on motion made by Clarence Barton, seconded by R. F. Kemper, and una~imously adopted, said bills were ordered approved ~or payment. ,'I CORRECTION OF DRAINAGE DISTRICT NO. 6 ACCOUNTS THE STATE OF TEXAS I I COUNTY OF CALHOUN I IN THE . COMMISSIONERS' COURT I . CORRECTION OF DRAINAGE DISTRICT NO.. 6 ACCOUNTS . . WHEREAS, the records o~ the County Treasurer's O~~ice discloses an error in properly crediting- the interest and sinking ~unds o~ Drainage District No.6, the funds recei ved ~rom the levies havi-ng- been -re,versed., -thereby -show-ing .. $0.50 credited to the Sinking Fund, and a credit o~ $1.25 to the Maintainance Fund, therefore; , " ' On motion made by Clarnece Barton, seconded by'Ernest H: 'RadtKe; 'and unanimously adopted, it was ordered that the County Auditor and the County. Treasurer be authorized to make the necess,ary credit alijustment between the two funds. . ~~ ' . .~ / ..'",. S owar G. ar _ sg, Co.un ,y . u ge ~ , ATTEST: S/ "Maurice G. Wood, County Clerk I TRANSFER OF FUNDS ON MOTION MADE by Clarence Barton, seconded by Ernest Radtke, and unanimously adopted, it was ordered that $4,000.00 be taken from the Permenant Improvement Fund, and be transferred -back- to -the 'Ge,nera:L -Fu,nd- to reimburse the General Fund for the $4,000.00 advanced to the Permenant Improvement Fund on the 4th day of September, 1956. ," - - - -- - - - - - - - - - - - - - - -- EXTRA HELP ~OR DISTRICT CLERK'S OFFICE t On motion made by Clarence Barton, 'secondedby'R. F. Kemper and uanamously adopted the Court ordered allowance for payment of $32.00 for extra help for the District Clerk' s Office~ . "., . ----- -- ------- -------- DUES PAID On motion made by Frank Wedig, secended by Clarence Barton and unanimously adopted, the dues of the Co~nty JUdge's and Commissioners' Association were ordered to be paid in the amount o~ $50.00. ASSISTANT COUNTY AUDITOR I On this the 14th day of January, 1957, with all members being present, on motion made by Clarence Barton, seconded by R., F. Keinper., and unanimsouly adopted, the COrrllnissioners" Court o~ Calho.un County ordered that the establismaent of the Office of Assistant County Auditor be approved; said Office having been approved by the District Judges, and that acknowledgement is hereby made of the approval of the District Judges of the appointment of Miss Bennie Mae Wasserman to this Of~ice. . I - - - - - - - - - - - - - - - - - - ~ t' :: . l r- 401 "'ll ~ ~ .~. -" ~ ' . BUDGET I At a Regular meeting of the Commissioners' Court in and for Calhoun County, Texas, held in the regular meeting place of said Court in the County Courthouse at Port Lavaca, Texas, on the 19th day of January, 1957, with County Judge Howard G. Hartzog presiding, and Commissioners Wedig, Kemper, ~adtke and Barton present, there having come. on for hearing the matter of fixing salaries for the calendar year 1957, it was moved by Commissioner ~edig that all county and precinct officers and their deputies, clerks and assistants be compensated on a salary basis for the calendar year 1957, and that the County Clerk be, and he is hereby, ordered and directed to file a certified copy of this order with the state Comptroller of Public Accounts at Austin, Texas, on or before January 31st, 1957. Motion seconded by Commissioner Kemper. Question. Motion carried. It is so ordered. WHEREUPON, on motion by Cow~issioner Barton, seconded by CorillTIissioner Radtke, the following orderes were unanimously adopted: I I THAT the following County, District and Precinct officers be compensated for the calendar year 1957, in twelve equal monthly installments, in the amounts set opposite each said designated position: . County Judge County Clerk Tax-Assessor-Collector,Sheriff County Attorney District Clerk County Treasurer Justice of Peace, Prct. No.1 Justice of Peace, Prct. No.3 Justice of Peace, Prct. No. ~ Justice of Peace, Prct. No. / Constable, Prct. No.1 Constable, Prct. No.3 Constable, Prct. No.4 Constable, Prct. No.5 $5,700.00 5,700,00 5,700.00 4,600.00 3,000.00 3,600.00 2,640.00 1,200.00 1,200.00 1,200.00 1,875.00 1,200.00 1,200.00 1,200.00 I That each of the Four (4) County COTI@issioners be'compensated at the rate of $5,000.00 per annum for the calendar year 1957, said compensation to be payable in twelve equal monthly installments out of the Road and Bridge General Fund. That the following appointive officers and employees be compensated for the calendar year 1957, in twelve equal monthly installments out of the funds herein designated at amounts not to exceed the fOllowing maximum salaries: General County Auditor $5,700.00 , General Ass't County Auditor 3,600.00 General County Agent 1,900.00 General Ass't County Agent 1,300.00 General Steno. for County Agent 1,800.00 General Home Demonstration Agent 1,350.00 . General County Service Officer 108.00 General J ani tor 2,400.00 Jury Court Reporter No. 1 6eL>.00 Jury Court Reporter No. 2 684.00 I That in the matter of authorizing the employment of deputies, assistants and clerks by the following officers and fixing the maximum compensation which may be allowed said authorized deputies, assistants and clerks and the Court having considered the applications filed by the various officers, that the Tax Assessor,::.Collector be authorized to employ the following deputies: One Chief Deputy at not to exceed $4,000.00 per annum; One Deputy at not to exceed $3, 600.00 per annum; Two Deputies at not to exceed $2 700.00 per annum; Three Deputies at not to exceed $2,400.00 per annum; THAT the County Clerk be authorized to employ the following deputies: One Chief Deputy at not to exceed $3,600.00 per annum; Two Deputies at not to exceed $2,700.00 per annum; THAT the District Clerk be authorized to employ One Deputy at an annual compensation of not to exceed $3,000.00; THAT the Sheriff be authorized to employ the following deputies: One Chief Deputy at not to exceed $4,200.00 per annum; Three Deputies at not to exceed $3,600.00 per annum; One Deputy (Jailer) at not to exceed $2,400.00 per annum; THAT the County Judge be authorized to employ a stenographer at not to exceed $2,400.00 per annum. THAT each of the officers named herein shall fix thecompensation of the chief deputy and the other deputies, assistants and clerks authorized for his department within the maximum fixed in ,this order and when authorized by the Commissioners' Court, shall be allowed to employ extra help in emergencies at the rate of $8.00 per eight hour working day, all said regular salaries and extra help to be paid from the Officers Salary Fund. -' /' I I-- . II -~ lio... r402 I : oo""'ll ~ ~ IXJ ~ . THAT the officers named herein shall furnish the County Auditor on or before the last day of each month the names of the chief deputy, other deputies, assistants and stenographers and clerks who were employed by them during that period, giving the length of time each was employed, the position held; the rate of pay and the amount due for each said per.iod, and shall see that the necessary exemption pertificates and other information, are furnished the County Clerk so that proper deductions, can be made and records compilep, for the Federal Withholding Tax and Social Security. Each officer shall promptiliy furnish all information necessary to the County Auditor for payroll pruposes when an employee leaves his department and whenever any new employee or extra he,lp is hired. , I , , THAT the Sheriff shall be authorized to use four automobiles in. carrying on the duties of his office during 1957; that three of these a~tomobiles shall be the automobiles owned by the County and now being used by the Sheriff's department, and the County will pay all operating and maintainance costs of such automobiles on claims properly itemized and presented and approved by the Court out of the Officers Salary. Fund; th~t.an allowance of not to, exceed $1,200.00 per annum, payable in, twelve ,equal monthly installments, be. authorized from the Officers Salary Fund for the use of the fourth auto- mobile which shall be the privately, owned automobile of the' Sheriff. THAT each County Commissioner be allowed~not to exceed $600.00 p~r annum , for travel expenses within the County, payable in twelve equal monthly "-installments from the Road and Bridg.e Gelleral Fund. --=>- fy THAT a travel 'allowance for the: Collpty Agent of n~t to exceed $800.00 per - annum, a travel allowance of not to ~xceed $500.00 per annum for the " Assistant County Agent, and a travel.all?wance of not to exceed $500.00 per annum flor the Home Demonstration Agept, be authorized from the General Fund, and that said allowances be paid in ~welve equal monthly, installmepts. I , . />~ THAT the judges of the the Jury Fund installments. . ..... salaries of the Two (2.) Di~trict Judges for serving as presiding Juvenile 90urtA as authori~ed by Statute, pe appropriated from in the sum of :$360.00 .each., payable in tl>Jel ve equal monthly. , ~7/ THAT the appropration to the Program, in the sum of $5,400.00, in twelve equal installments. Port Lavaca-Calhoun County Sapitapion , be authorized from the General Fund payable i 'I 1 , JJ/ THAT all employees who have completed Six Months, of continuous employ- ment with the county shall be entitled to One Week of vacation with pay, with a maximum of two Weeks vacation with pay to anyone employee, that an employee shall not be entitled to any payment in lieu of vacation" that no vacation pay will be paid for a fraction oL a year~ until six months_ have, elapsed" that holidays falling withip a vacation period are'to be counted as vacation days and not additional to the vacation period, that pay for vacations shall be made on the Friday preceeding the vacatiop period if the employee desires, and that any employee rehired after having left tre county by reason of resignation or discharge shall be ccnsidered a new ~mplpyee. \.t THAT all employees shall be ent~tle4 to Five~Days sick leave per year, such leave to be granted at the descpetiim of the department head, that sick I\~eave will accumulate to a maximum of Twenty DaYs" that time lost through sickness in excess of the employee's. accrued sick leave credit wi'll be with- out pay. . ;;? THAT t~91~?-ay schedule for the county will b'e ~s follows: ' Good Friday,/In.'aepe'TJIdence Day" Labor Day, November 11th, Thanksgiving, December 24th-25th, January 1st, 1958. . ----- v! THAT County Commissioner Wedig be elected County Judge Pro Tempore to preside over the Commissioners' Court at its regular and special meetings in the absence of the County Juege. I . ---- ----------- WHEREUPON, there having come on for hearing the matter of purchasing equipment for the use of the various officers and aepartments and of awarding contracts for various services performed for the County"upon motion made by Commissioner Barton, seconded by Commissioner Kemper, and unanimously carried, the County Auditor was directed to advertise for two w~eks in both Calhoun County newspapers the following notice to'bidders: , I . , I . " < , . ..... r 403~ -- -- .~- --- - - ,. . \ NOTICE TO BIDDERS Sealed bids, plainly marked, will be received by the County Auditor of Calhoun County, Texas, at his office in the County Courthouse in Port Lavaca, Texas, or by mail at P. O. Box 627, Port Lavaca, Texas, until 10:00 A. M. on the 11th day of February, 1957, at which time they will be opened and publicly read at the regular term of the Calhoun County Commissioners Court. Bids will be receibed on the following equipment and services: l}. One 1957 black four door V-8 passenger automobile with four barrel carburetor, dual exhaust, standard transmission, equipped with the accessories provided on medium-grade mOdels, with first line, first grade size 710-15 4 ply black nylon tires with tubes or tubeless tires, and with an insignia painted on both front doors per specifications on file in the Sheriff'S Office. Less trade-in allowance on one 1955 black four door Ford V-8 passenger automODIIe with Fordomatic transmission (Motor $PSDG l30369-Sheriff's Dept. vehicle $404. 2). "ontract to provide first line, fillrst grade black nylon tires with tubes or tubeless tires, size 710-15 4-ply; contract to provide tires and tubes or tubeless tires for all road equipment and trucks used by the County Commissioners. 1>>. Contract to service and maintain all mobile and fixed radio rquipment owned by Calhoun County. 4}. Contract to provide indigent funeral services for the County. 5). One ten key pr~nting electric combination claculator and adding iIIlachine I'or use in the Tax Collector's office. I 6). One ten key adding machine, with credit balance, for use in the Tax Collector's office. I 7) One ten key electric adding machine for use in the Tax Assessor's office. , I 8). Two grey 14" carriage manually operated typewriters with standard ~eyboard; less trade-in allowance on une Underwood manual typew~iter #14-6212080 land One Underwood mahual typewriter #4683959-26 in Tax Assessor's office. I 9). One ten key electric adding,machine eqU1Pped to add, subtract and multiply, with total transfer and constant figure combinations and with Ibredit balance; less trade-in allowance on One Bictor adding machine, W740l00 C in Counry-Clerk's office. 11 10). One 5 drawer legal size Steelmaster filing cabinet (approzimately 26?t" x 18" x 60) to match existing filing cabinets in 00unty Clerk's office. II 'll}. One 4 drawer legal size steel filing cabinet.for use in County iJudge's office. II ,12). One posture chair with metal frame and base and with foam rubber ~eat and back rest, comparable in quality to Cramer Model A22B, for use in the Tax Assessor's office. , II tal. Two new or used steel desks suitable for use with long carriage ~lectric typewriters, one for use in the Tax Collector's office and one for use 1n the Tax Assessor's office. II 14}. One steel typewriter stand approz1mately 36" long x 26" high x 17" deep, for use in Tax Assessor's Office. II 15). Two new or used 4 drawer legal size steel filing cabinets, complete ~ith alphabetical index guides and with automatic locking device for all ~rawers, one for use in Tax Assessor's office and one for use in County Auditor's office. _ II 16) . One grey double door storage cabinet (36" long x 78" high X 18" deep), ~uqipped with 6 adjustabl~ plain shelves and equippea with paracentric lock, . for use in County A~ditor's office. II EUi>ther particulars on any of the above described items may be obtained from the officer or officers who will be using same. II The Commissioners Court reserves the right to waive formalities, the right ~o accept anj.-bid or bids deemed most advantageous to the County and the right to reject any or all bids. BY ORDER OF THE COMMISSIONERS COURT, JANUARY 19. 1957. I 1 . I' . I s/ James .1". Houlihan, County AUd!tor I A:TTBST: II II Maurice G. WOOd, County \.ilerK ----- r- , . ... ... "'-404 - '- FINAL SETTLEMENT OF BEN M. THOMAS ON MOTiON DULY: MADE, seconded and, unanimously adopted, "the Final Settlement of Ben M. Thomas, Ex Tax Assessor-Collector of Calhoun County, was ordered approved. TAX COLLECTOR'S REPORT On motion made by Commissioner B~rton, seconded by Commissioner Kemper, and unanimously carried, the Tax Collector's Report ,for December, having been read and examined, was ordered approved. - - - - - - - - - - - -. - - - - - - --' MINUTES AND ADJOURNMENT On this, the 19th day of January, 1957, at a: Regular TerIn of the Commissioners" Court of Calhoun County, T"xas, with all Illembers of the, Court being present, on motion duly made, seconded~and unanimously adipted the Minutes o~ the" previous meeting in January, were read and approved. Court adjourned. ~~~ Calhoun County, Texas . , ' SPECIAL TERM HELD JANUARY 28,1957 THE S'f'ATE OF TEXAS t o COUNTY OF CALHOUN " t BE IT REMEMBERED, that on this the 28th day of January, 1957, there was begun and holden at the Courthouse in the City of Port Lavaca, said.County and State a Special January Term of the Co~~ssion~rsCourt, within ~nd for said County and State, same being the Se~ond Special J~nuary Term, 1957, and there were present'on this day the following Qi'ficers,ofthe Court, to-wit: Howard G. Hartzog, County Judge Maurice G~ ,Wood~' County Clerk Frank E. Wedig, Commissioner, Pr.l, Ernest H. Radtke, Commissioner,pr.3 -, !. . R. F. Kemper, 'Commissioner, PI'. 2 Clarence Barton, COmmissioner,Pr.4 WHEREUPON, the following orders were made and entered by said Court,to-wit: ORDER TO ADVERTISE FOR BID On motion made by R. F. Kemper and seconded by Clarence Barton, it was unanimously ordered that advertisement ,for bids on the following be pUblished: One (1) Diesel powered, tandem driven motor grader of following specific- ations: Not less than 115 horsepower, 6 cylinder full diesel engine, with gasoline starting'and electric-starter;'chain-driven dandem drive; oil clutch or equivalent; 12 ft. moldboard; 13.00-24, 12 ply tires front and rear with hydraulic booster steering; fully enclosed cab; scarifier not less than 46" in width with at least 11 teeth; total weight to be at least 23,500 Ibs., quote FOB Port Lavaca, Texas. Less trade of one (1) Caterpillar model #12 motor grader which may be inspected at Calhoun County Precinct No.1. l '~ 00" ~ "=l t:o i'A.1 . I I . I' . I I' . ~ 405~ . Optional quotation to be to furnish machine less scarifier and cab on new machine, and less, scarifier and cab on trade-in, using scarifier and cab from trade-in machine on new machine quoted. I Bids to be received February 11, 1957 at 10 o'clock A.M. at Commissioners' Court. - - - - - - - - - - - - - - IAMENDMENTS TO JANUARY ORDER I On this the 29th day of January, 1957, in a Specail Term of the Commissioners' Court of Calhoun County, with all members of the Court 'being present, on motion by Clarence Barton, seconded by Frank Wedig and unanimously adopted, the Court ordered the following amendments to the January 14th Order regarding salaries and administrative regulations, be made and entered: . 1. Each department head will indicate on his monthly payroll, the hours which any employee has worked in addition to regular office hours; this extra time may be utilized by the employee as sick leave credit, or as time off at some future date, and record of such time allowance will be indicated in the affected payroll. . 2. Addition for Tax Collector's Budget. a. Allowance, for meals for Deputy Collectors of ~50.00. b. Salary allowance of $120.00 for,tax collection service in servicing title certificates, as provided by statute. 3. Addition to Jury Fund budget. a. Salary allowance of $leO.OO to the County Judge as presiding officer of the County Juvenile Cour~. - - - - - - - - - - - - - - COMPENSATION OF CANAL AND NAVIGATION COMMISSIONERS I There came on for consideration the setting for '1957, the salaries and compensation of Navigation and Canal Commissioners for t he West Side Calhoun County Navigation District, and the Calhoun County Navigation District, and it being called to the attention of the Court by the Bond Holders, that Article 8210, passes in 1909, provides for the payment of such compensation as set by the Commissioners' Court and . That Article 8263 E section 25, passed in 1932, limits the compensation of such Navigation and Canal Commissioners to not more than $10.00 per day for each day of service necessary to t he discharge of their duties. . Therefore, on motion made by Ernest R~dtke and seconded by Frank Wedig, it was unanimously ordered th~t the salary and compensation of all Navigation and Canal Commissioners of Calhoun County be set at the maximum of $10.00 per day for each day of service necessary to t he discharge of their duties, and shall be entitled to be paid for a full day for any meeting of the board at which such official is in attendance 90 percent of the time of such meeting, and shall be entitled to receive ,all necessary expenses for out of county 'travel. sl Howard G. Hartzog, County ~udge Calhoun County, Texas ",I ATTEST: Maurice G. Wood, County vlerk Calhoun County, Texas - - - - - - - - - - .; - - ~I MINUTES AND ADJOURNMENT 1 On this the 2tlth day of January, 1957, at a Special Term of the Commissioners Court of Calhoun County, Texas, with all members of the Court being present, Ion motion duly made, seconded and unanimously adopted, the Minutes of the previous 'meeting in January were read and apporved. L~tt,=fAt..~ Calhoun County, Texas -~ . llo... .... ""'-406 oo""lll :::::: ~ ~ ~! . REGULAR FEBRUARY TERM HELD FEBRUARY 11, 1957 THE STATE OF TEXAS 0 COUNTY OF CALHOUN 0 I '~'.., BE IT REMEMBERED, that on this the 11th day .o1'-February,-1957,-there-was' begun and holden at the Courthouse in the City of Port Lavaea, said County and State, a Regular Term of the Commissioners' Court, within and 1'or said County and State, same being the Regular February ,Term 1957, and there were present on these dates the 1'ollowing'officers 01' the Court, to-wit:' HOWARD G. HARTZOG, County Judge MAURICE G. WOOD, County Clerk FRANK' E. WEDIG, Commissioner, Pro 1 R. F. KEMPER, Commissioner, Pro 2 ERNEST H. RADTKE, Commissioner, Pr.) CLARENCE BARTON, Commissioner,- pr.4 WHEREUPON, the 1'ollowing orders were made and entered by said Court, to-wit: 'I . ..J;" - - - - - - - - - - - - - - - - - - - APPROVAL OF MINUTES On motion by Clarence Barton, Beccnded by R. F. Kemper, and unanimously carried, it was ordered that the minutes of the previous me~ting on January 28th, be approved. ' . - - - - - - - - - - - - - - - - - DEPOSITORY CONTRACT BID ON THIS, the 11th day 01' February, ,1957, wrth: all members' 01' 'the 'Court being present, on motion made by Clarence Barton, seconded by R.'F. Kemper, and unanimously adopted, it was ordered that the.bid of the ,First State Bank, 1'or a County Depository, be accepted. ~ - - - - - - - ~ - - - - - - - - BIDS TABLED On motion by Frank E. Wedig, seconded by Clarence Barton and unanimously adopted, the bids on a maintainer for Precinc't No. I, were ordered tabled 1'or 1'urther study. I~ ~)-?" - - - - - - - - - - - - - - - SHERIFF'S CAR ITEM 1 On motion by Clarence Barton, seconded by Frank E. Wedig, and unanimously carried, it was ordered that the bids on the car 1'or the Sherif1"s Depart- , ment be tabled until the Court could hear recommendations 1'rom the Sheriff. ---------------- TIRE CO NTRACT ~ITEM. 2':. On motio~ by Clarence Barton, seconded by Frank E. Wedig, and unanimously adopted, the ~ourt accepted the bid of Elliot's "Goodyear Store for the County Tire ~ontract. Goodyear Texas Contract -net price list which will be in e1'fect to Sept. 1, 1957, at which time a new list will be issued. . - - - - - - - -- - - - - - - - RADIO EQUIPMENT, ITEM 3 " On motion by Clarence Barton, seconded by R. G. Kemper, and unanimously carried, the Court ordered bid on radio equipment tabled. ;; l , - - - - - - - - - - - - - - - - - - '~11.11 , \'*-11 INDIGENT FUNERAL SERVICES, ITEM 4 On motion by Clarence Barton, seconded by Ernest Radtke, and unanimously adopted, the Court accepted the bid of Rendon .ti'uneral Home to provide complete Funeral Service for Indigents for the sumoi'.. t90.00~ _ _ _ __ ___ , - - - - - - - - - - - - - - - - OF'FICE EQUIPMENT, ITEMS 5 through 16 On motion by Clarence Barton, seconded by R. adopted, the Court ordered the acceptance of bids postponed 1'or 1'urther study. F. Kemper, and unanimously for, office equipment be I , 1"'* f , , , " ...... , ,v .. - - - - - - - - - - - - - - - - - - 1- ,;~. p . l ...... r I 40i( .... ~ ~-- '.-.-"--. . ROAD & BRIDGE FUND LOAN I On motion duly made by Clarence Barton, seconded by Ernest Radtke, and unanimoQsly adopted, the Court ordered that $5,000.00 be transferred from the Road & Bridge General Fund to Road Maintainance.No. 1 as a loan to be paid back Nov. 15, 1957. ------------------ MAINTAINER BID ACCEPTED I On motion by Frank Wedig, seconded by R. F. Kemper, .and unanimously carried, the Court accepted the bid of the W. K. Holt Machinery Co. for one Caterpillar Model No. 12, Motorgarder, with the cab and scarifier from the trade-in machine transferred to the new machine, at a net cost of $9,274.00. - .. - - - - - - - - - - -. - - - - - TREASURER'S REPORT On motion by Ernest Radtke, seconded by R. F. Kemper and unanimously adppted , after examination and comparison of various accounts and balances, the Treasurer's Report, by Miss Mary Stephens, ~as ordered approved. ------------------- . . OIL & GAS DIVISION ORDER On motion duly made, seconded, and carried, Miss Mary ~tephens, County Treasurer, was authorized to execute the division order on the land owned by Calhoun County in the Magnolia Beach -Indianola area. . - - - - - - - - - - - - - - - - - - - ADVERTISE FOR BOND BIDS J On motion made by Clarence Barton, seconded by R. F. Kemper, and unanimously adb~ted, the County Judge is authorized and directed to ' advertise for bids for the sale of ~800,oOO.OO in Court House Bonds, and $200,000.00 in Agriculture Building & Grounds Bonds, on the 11th day of March, 1957, which notice shall be prepared by the County Auditor. , 'I ------ ----------- AUDITOR'S REPORT OF BILLS On motion made by Frank Wedig, seconded by Ernest Radtke, and unanimously carried, January bills Nos. 137 through 331, and February bills Nos. lthrough 94 were ordered approved for payment. ----------------- ELECTION OFFICIALS On this the 14th day of February,1951, with all members of the Court being present, on motion made by Clarence Barton, seconded by R. F.' Kemper, and unanimously adopted the following Election Officials were appointed: . Precinct No., Voting Pla6e Election Judges 1 Port Lavaca Courthouse Mrs. Charles Moore,Jr.,Pres. K. A. Wallace Mrs. Roland Harvey Mrs. Lela Pennington Officer 2 Chocolate, Joe Brett Residence Mrs. Joe Brett, Pres. Officer . Mrs. Louie Foester, Jr. I 3 Six Mile School House Robert Meyer, Pres. Officer Ernest Kabela Walter Hengst Peter Pfieffer 4 Olivia School Mrs. G, D. Swenson, Pres. Officer Mrs. A. N. Smith Mrs. E. S. Sanders, Pres. Officer Mrs. J. E. Levingston Mrs. Joe Molnar, Pres. Officer Mrs. C. E. Sachrison I 5 ~oydc~chooll, " h ,JdC~:~.'l.:':;(~!""" ..~'~)c. 6 Magnolia Beach Sachrison'Res. 7 Long Mott School Mrs. Louie Walker Mrs. E. N. Daggs Mrs. Laura Snooks, Pres. Officer Mrs. Pearl tiindewald Mrs. W. A. Minatrae Mrs. Wallace Williams 8 Seadrift School . 9 Kamey-Army Store Glenn McKamey, Pres. Officer Mrs. A. D. Bean .... .... " 408 ;Precinct No. Votinp; Place Port O'Connor, School,House 10 11 Green, 'Lake- Mormon Gin Office 12 Heyser-Humble l Office I i , 13 Travifj:',Jr. 'j'High School 14 PointCdomfort City Hall 15 West Side Elementary School Sheriff's Car Item 1 ----~-------~----~~- ~- J Election' JUdges Mrs. ~rs. Mrs. Mrs. 4. W. Hawes, Pres. Officer Eva Pickett Homer'elark Howard ,Stapp, - - - - - - - - , Mrs. J. C. Williams, Pres. Officer Mrs. .R. W. Whatley , , , Mrs. W. R. Jaco, Pres. Officer , . ,Mrs. C. L. Cobb Mrs. Dick :.I.'bayer" P.res.. Officer Mrs. Cecil~lake Mrs. Geo. A,. Rhoades Mrs. ,Owen Snii th, Jr. Mrs. L. E. Gross, Pres. Mrs. Yoster Patterson Mrs. William Orsak Mrs. Frank McBride. - - Officer Mrs. Martin Dolezal, Mrs. Noel McGmnnis Herbert Storey Mrs. p.. E,. Mickle Pres. Orficer . On motion by Ernest Radtke, seconded by R. F. Kemper, and unanimously adopted, the following bid of t):1e Terry, Bunch Motor Co. was accepted: As per specifications. . Base Plus Bid ,$2,011.50 Accessories 2bO.60 $2,2 2.10 Less Tires Less Trade-in Net Bid 90.00 1- 1$8.00 t!24.10 OFFICE EQUIPMENT ITEM 9 - - - - - - - - - - - - - -' - - - .. - _. On motion by Clarence Barton, seconded by .Frank ,Wedlg,and unanimously ,- adopted, the bid of the Victoria Typewriter Co. for one Victor Multiplier Moael No. 74-85-54, price $525.00 less trade-in allowance of $165.00-net cost $360.00, was accepted. . , REPAIRS TO SHERIFF BUILDING - - - - - - - - - - - - - - - - . \ Clarence Barton, seconde'd' 'by' Erne'st Ra'dtke, and 'unanimously: of repairs,on th~ S~eriff Department BUilding, was ordered On motion by carried, the cost paid. PAINT RADIO TOWER - - - - - - - - - - - - - - - - On motion by Clarence Barton, seconded by R. F. Kemper, and unanimously adopted, the bid of $150.00 of Leon.Harvey, for painting the radio tower, be accepted and paid out ~f f,erme~ant.Improvenient Fund, when the wo~k has been completed to the Sheriff's satisfaction, - - - .. - - - - - - - - - - BID REJECTED ON ITEM 3 On motion by Clarence Barton, seconded by R. F. Kemper, and unanimously carried, the Radio Maintainance Contract bid of Intra Coastal Radio Service was ordered rejected. . . - - - - - - - - - - - - - - ll... . , . . . . . ~ , . . . . . . . . ""--~. - - . . . . . . . , . . . , 00""l1lI ~ ~ to ~- . . , "I: I, :) . I~ . I, I . ... ... '108 A l7 J I I 1 I I I L/ LJ '5EVENTU ~~.Q' '5T COMe "'-OM Vi '"I' 20 I , I I BL~. t>. t-' 2S i 'I (J I I OL\V\A I ~4 COMe, .....,1\ ~6.o' ~9 40 u 45 -1\1- I 'So SI r: L FI12'jT ';iT 60 '59 ':\l) I STATE- I"II.Q.'<: t.\Z'E/>. ------ IN':) E- R T ~ ~CALE- I". ~OOI I \btJ) ...,j I"" '+0813 409A ,- SPECIAL FEBRUARY TERM HELD FEBRUARY 14. 1957 THE STATE OF TEXAS l COUNTY OF CALHOUN X BE IT REMEMBERED, that on this the 14th day of February, 1957 there was begun and holden at the Courthouse in the City of Port Lav- aca, said County and State a Special Term of the Commissioners' Court within and for said County and State, same being the Special February Term, 1957, and there were present on this date the following officers of the Court, to-wit: Howard G. Hartzog, County Judge, Frank E. Wedig, Commissioner Precinct No. 1 R.F. Kemper, Commissioner Precinct No.2 Ernest H. Radtke, Commissioner Precinct No. 3 Clarence Barton, Commissioner Precinct No. 4 Maurice G. Wood, County Clerk WHEREUPON the following orGeES were made and entered by said Court, to-wit; , Additional Right-of-Way for St. Hwy. No. 35, located at the intersection of St. Hwy. No. 35 and Big Chocolate Creek area in Calhoun County, Texas. On this 14th day of February, 1957 at a special term of the Commissioners' Court of Calhoun CouDty, texas, with all members of the Court present there came on to be considered the request of the State Highway Departrr;ent of Texas, that Calhoun County acting by and through the Commissions' . Court of Calhoun County, 'fexas to obtain additional Right-of-Way easement from land owners near and adjacent to Big Chocolate Creek bridge located on Big Chocolate Creek on the present existing St. Hwy. No. 35, a&l to be obtained for the pur pose of the building and erection of a new brdl.dge cr8ssing the said creek and to widen the approches thereto. And the Court after a full consideration of the necessity for obtaingng the additional Right- ",/",. ,.J of-Way's for said IPpoj ect, ~lt necessary 'and' adviseable that the additionaLRight-of-Ways as request.ed by the State Highway Deparement of Texas, be granted and that necessity existed therefore. l ~ "I' I I I .1 I I I I I lb\) ""l LJo8C 409B lbere upon a motion made by Commissioner Frank Wedig and seconded by Commissioner R.F. Kemper and unanimo~Bly adopted, it was orded and adjudged and decreed by the Court that Right-of-Way easement in favor of the St. of Texas for the use and benefit of the State Highway OeJi>artment of Texas be obtained from the following described owners of land located in Calhoun County, Texas and more fully described as follows, to-wit: FRANK'B. GUMM , Being a part of 9.867 acres out of tract # 11 of the 3. V. Bouquet Subdivision out of the Felix Sanchez One-Quarter league Grant, Abstract No. 34, conveyed by Nellie E. Bouquet toF. B. Gumm by deed dated the 3rd day of July, 1956, and recorded in Volume lIS, Page 352 ot Deed Records of Calhoun Coonty, Texas, ~~d being more paeticularly described as follows, to-wit. Beginning at the intersection of the present Northwest right-of- way line of State Highway 35 with the center of big chocolate Bayou, said point of intersection being 50.0 feetNorthwest of and at right angles to the Engineer's Centerline Sta 644/25.3; THENCE N. 31 deg. 53' West with the center of Big Chocolate Bayou a distance of 10.4 fe~t to a point in the proposed State Highway 35 right of-way line. said point being 60.0 feet Northwest of and at right angles to the Engineer's Centerline Sta. 644/28.2; TREBLE N. 42 deg. 07' E. with the proposed right-of-way line a distance of 271.8 feet to a point in the present right-of-way line, said point being 60.0 feet Northwest of and at right angles to the Engi~eer's Centerline Sta. 647/00; THENCE S. 36 deg. 24'W. with the present right-of-way line a dis- tance of 100.5 feet to a point for corner; / THENCE S. 42 deg. 07' W. with the present rigbt-of-way line a distance of 174.7 feet to the PLACE OF BEGINNING, containing within these metes and bounds 0.05 acres of land, more or less. Second Tract- BEGINNINGat the intersection of the present Southeast right-ot- way line of State Highway 35, with the center of Big Chocolate Bayou, said point of intersection being 50.0 feet Southeast of and at right angles to the Engineer's Centerline Sta. 643/96.7; THENCE with the present right-of-way line of State Highway 35 along the following courses and distances: N. 42 deg. 07' E. a distance of 203.3 feet; N. 36 deg. 24' E., a distance of 100.5 feet; N. 42 deg. 07' E., a . distance of 658.7 feet to the corner between this tract and land now owned by H&nry Marek and J. E. Shannon, said corner being 40.0 feet Southeast of and at right angles to the Engineer's Centerline Station 653/58.7; TffillNCE S. 45 deg. 13" E., with the common line between this tract r" 1./08 D I 409C and the Marek-Shannon Tract a distance of 42.7 feet to a point in the proposed Southeast right-of-way line of State Highway '35, said point being 82.7 feet Southeast of and at.right angles to the Engineer's Center- line Sta. 653/56.7; I THENCE S. 36 deg. 01' W., with the proposed right-of-way line of State Highway 35 a distance of 258.1 feet to a point for corner, said point be1ng 110.0 feet Southeast of and at right angles to the Engineer's Centerline Sta. 651/00; THENCE S. 42 deg. 07' W. with said r ght-of-way line a distance of 720.5 feet to a point in the center of Big Chocolate Bayou, said point being 110.0 feet Southeast of and at right angles to the Engineer's Centerline Sta. 643/79.5; I THENCE N. 31 deg. a distance of 62.4 feet these metes and bounds 53' W. with the center of to the PLACE OF BEG1NNING 1.418 acres of land, more Big Chocolate Bayou , containing within or less. Third Tract Being a strip of land 250.0 feet wide and 300.0 feet long, said strip of land beginning at the proposed Southeast right-of-way line of State Highway ~5 and running in a Southeasterly direction with Big Chocolate Bayou a distance of 300.0 feet, said strip of land also being off of the Southwest side of the Gumm Tract and Containing 1.71 acres of land, more or less. The acreage contained in this tract is to be used for the pur- pose of removing and processing borDow material therefrom, either upon or under the surface, with the rights and privilege at all times of the $tate, its agents, employees, workmen, contractors and representatives having ingress to and egress from, along, upon and across said pre- mises. It ,is specifically understood that the State and its assigns shall be vested with the, title to and the right to take and use without add- itional compensation all borrow material required in the reconstruction of the Big Chocolate Bayou bridge approaches. I Provided further that the material to be removed from this tract shall be used exclusively for the reconstruction of the Big 01ocolate Bayou bridge approaches. This tract of land is for a temporary borrow source only and upon completion of the reconstruction of the Big Chocolate Bayou bridge approaches shall revert to the gxllXlIIX~ grantor, his heirs and assigns, and the conveyance of this tract and the rights conveyed by this in- strument shall terminate without the necessity of any act to be done by the grantor, his heirs of assigns. A. C. SHAFER Being a part of 1. 0 acre out of the Marek-Shannon Subdivision out of tract lfll of the J. V, Boquet SubdivisioI1 out of the Felix Sanchez One-Quarter League, Abstract No.34, conveyed by Henry Marek and J. E. Shannon to A. C. Shafer by deed dated the 31st day of December, 1953 and recorded in Volume 95, Page 370 of Deed Records of Calhoun County, Texas and being more particularly described as follows, to-wit; I BEGINNING at the common corner of the P. D. Baker one acre and the A. C. Shafer one acre in the present Southeast right-of-way of State Highway 35, said corner being 50.0 feet Southeast of and at right angles to the Engineer's Centerline Station 662/43.4 of said Highway; I -, /.fo 8 E 4,090 I I THENCE N 46 deg. 00' E 56.4 feet; N 46 deg. 30' E 99.6 feet; N 47 deg. 00' E 65.6 feet with sa!d present right-of-way to the common corner of the A.C. Shafer one acre and a 0.999 acre tract in the same of J.D. Short, said corner being 50.0 feet southeast 9mf and at right angles to the Engineer's Centerline Saa. 664/66.3; THENCE S 45 deg. 13' E 10.0 feet with line of J.D. Short 0.999 acre to a point far corner in the proposed southeast right-of-way of State Highway 35, said paint being 60.0 feet southeast of and at right angles to the Engineer's Cenberline Sta. 664/66.7; THENEE S 47 deg. 00' W 66.0 feet, S 46 deg. 30' W 99.5 feet, S 46 deg. 00' W 56.1 feet with said proposed right-of-way to a point for corner in line of aforementioned P.D. Baker one acre, said paint being 60.0 feet southeast of and at right angles to the Engineer's Centerline saa. 662/43.6; THENCE N 45 deg. 13' W 10.0 feet with line of P. D. Baker one acre to the place of beginning,containing within these metes and bounds 0.051 acres of land, mOre or less. THE MEADOW BROOK DEVELOPMENT COMPANY I Being a part of Tract #9 of the J.V. Boquet Submivision oUt of the Felix Sanches One-Q~arter League, Abstract NG. 34, conveyed by B.I. Lempert to Meadow Brook Development, Co. by deed dated the 21st. day of April, A.D. 1956, and recorded in Valume 115, page 352 of Deed Records of 'Calhoun County, Texas, and being more fully described as follows, to-wit; BEGINNING at the most Southern corner of the above mentioned Meadow Brook Development Company tract, said corner being 56.9 feet Northwest of and at right angles to the Engineer's Centerline Sta. 654/23.3 of State Highway 35; S THENCE N 43 deg. 02' W a distanee of 13,1 feet to a point in the proposed Northwest right-of-way line of State highway 35, said point being 70.0 feet Northwest of and at right angles to the Engineer's Centerline Sta. 654/24.4; THENCE N 42 deg. 07' E with said right-of-way line a distance of 50.2 feet to the P.C of a 0 deg. 30' curve to the right witha central angle of 6 deg. 59' said P.C. being 70.0 feet Northwest of and at right angles to the Engineer's Centerline Sta. 654/74.55; I THENCE with the above mentioned 0 deg. 30' curve along the fol- lowing courses and distances: I N 42 deg. II' E a distance of 25.6 feet, N 42 deg. 30' E a distance of 100.5 feet, N 43 deg. 00' E a distance of 100.5 feet to a point 70.0 feet Northwest of and at right angles to the Engineer's Centerline Sta. 657/00, ;~ 49 deg. 13' E a distanee of 101. 0 feet to a point 60.0 feet Northwest of and at right angles to the Engineer; s Centerline Sta. 658/00, N 44 deg. N 44 deg. OO~ E a distance of 100.5 feet, 30' E a distance of tOO.5 feet, 16C!) JI" AP'Q 8 F 409E , I N 45 de~. 00' E a distance of 100.2 feet with saij proposed right-of-way to a point for corner in the common line Between this tract and lands owned by B.C. Key, said point being 60.0 feet North- west of and at right anRle s to t he Engineer's Centerline Sta. 660/99.7; THENCE S 43 del" 02' E a distance of 10.0 feet with the Key liee to a point 'i1n the oresent right-of-way line of St. llwy. 35, said point being 50.0 feet northwest of and at right angles to the Engineer's Centerline Sta. 660/99.4; I I , THENCE with the present right-of-way line of St. nwy. 35 along the following courses and distances: S 45 deg. 00' W a Distance of 99.8 feet, S 44 del'. 30' W a distance of 100.4 feet, S 44 deg. 00' W, a distance of 100.4 feet, S 43 deg. 30 'w a distance of 100.4 feet, S 43 deg. 00' W a distance of 100.4 feet, S 42 deg. 30' W a sistance of 100.4 feet, S 42 deg. 11' W a distance of 25.6 feet, S 49 deg. 44' W a distance of 51.7 feet to the nlace of beginn- ing, containing-within these metes and bounds 0.226 acr~s of land, more or less. - JOE DAWSON SHORT AND ;;IIFE EDNA E. SHORT Being a part of 0.999 acres out of the Marek-Shannon Subdivision out of tract #11 of the J.V. Boquet Subdivision out of the Felix Sanchez Gne-Quarter League, Abstract No. 34, conveyed by Henry !vlarek and ,T.E. Shannon to Joe Dawson Short and wife, Edna E. Short by deed dated the 9th. day of January, 1954, and recorded in Vol. 90, page 3, of the Deed Records of Galhoun County, Texas, and being more particularly described as follows, to-wit: BEGINN ING at the corner of t he A. C. Shafer one a ere and the Short 0.999 acre tracts in the present, Southeast right-of-way of State Highway 35, said corner being 50.0 feet Southeast of and at right angles to the Engineet's Cen~erline Sta. 664/66.3 of said Highway; THENCE N 47 deg. 00' E 34.0 feet N 47 de~.30' E 99.6 feet, , N 48 deg. OO~'E 99.6 feet with said present right-of-way to a point for corner 50.0 feet Southeast of and at right angles to the Engineers Centerline Sta. 667/60; THENCE N 53 deg. 39' E 1.6 feet with said present right-of-way to t he common corner of the Short 0.999 acres and the D.E. Toney one acre tract, said corner being 50.1 feet Southeast of and at right angles to the Engineer's Centerline'Sta. 667/lD1.6 ; THENCE S 45 deg. 13' E 9.9 Feet with the common line of the Toney and Short tracts to a point for corner in the proposed Southeast right- ofOway of State Highway 35, 60.0 feet Southeast of and at right angles t 0 the Engineer's Centerline Sta. 667/02.2; THENCE S 48 Deg. 30' W 2.2 Meet, S 48 deg. 00' W 99.5 feet, S 47 deg.30' W 99.5 feet, ' S 47 deg. 00' W 33.5 feet with said proposed right-of-way to a point for corner in the common line of the Short 0.999 acres and the aforesaid A.C. Shafer one acre, said point being 60.0 feet Southeast of and at right angles to the Engineer's Centerline STa. 664/66.7; THENCE N 45 deg. 13' W 10.0 feet with the Shafer line to the place of beginning, containing within these metes and' bounds 0.054 acres of land, more or iess. "" I I I,.. I r " ... ~ 408 r;, 409F Paul D. Baker I Being a part of 1.0 acres out of the Marek-Shannon Subdivision out of tract # 11 of the J. V. Bouquet Subdivision out of,the Felix Sanchez One-Quarter League, Abstract No. 34, conveyed by Henry Marek and J. E. Shannon to Paul D. Baker by deed dated the 15th day of Dec- ember, 1952, and recorded in Volume 89, Page 264, of Deed Records of Calhoun County, Texas, and being more particularly described as follows: to-wi't: I BEGINNING at the common corner of the T. O. Shafer 1.863 acres and the Paul D. Baker one acre tract in the present Southeast right- of-way of State Highway 35, s,aid corner being 50.0 feet Southeast of and ,at right angles to the Engineer's Centerline Sta. 660/29.5 of said Highway; THENCE N. 45 deg. OOGI E. 70.2 feet, N. 45 deg. 30' E. 99.6 feet, N. 46 deg. 00' E. 43.2 feet with said present right-of- ,way to the common corner of the A. C. Shafer one acre and the Paul D. Baker one acre, said corner being 50.0 feet Southeast of and at right angles to the Engineer's Centerline Sta. 662/43.4; THENCE S. 45 deg. 13" E. 10.0 feet with line of A. C. Shafer one acre to a point for corner ill the proppsed Southeast right-of-way of State Highway35, said point being 60.0 feet Southeast of and at right angles to the Engineer's Centerline Sta. 662/43.6; I THENCE S. 46 deg. 00' W. 43.4 feet, South 45 deg. 30' W. 99.5 feet, Seuth 45 deg. 00' W.70.1 feet with said proposed right-ef-way to a point for corner in line of aforementioned T. O. Shafer 1.863 acres, said point being 60.0 feet Southeast of and at right angles to the Engineer's Centerline Sta. 660/29.5; THENCE N. 45 deg. 13' W. 10.0 feet with line of T. O. Shafer 1.863 acres to the place of beginning, containing ,within these metes and bounds 0.049 acres of land, more or less. Tillman O. Shafer Being a part of 1.863 acres of land out of the Marek-Shannon Subdivision out of Tract # 11 of the J. V. Bouquet Subdivision out of the Felix Sanchez One-Quarter League, Abstract No. 34, 0.865 acres having been conveyed to Tillman O. Shafer by James C. Bergin, etux, by deed dated February 27, 1956, and recorded in Volume III, page 425 of the deed records ~ of Calhoun County,Texas, and 0.998 acres having been conveyed to Tillman O. Shafer by Henry Marek and J. E. Shannon by deed dated July 2, 1953, and recorded in Volume 86, page 486 of the deed records of Calhoun County, Texas, said lands being herein conveyed being thUs described by metes and bounds; I BEGINNING at the common corner of lands belonging to H8nry Marek ahd J. E. Shannon and the Tillman O.Shafer 1.863 acres in the present Southeast right-of-way of State Highway 35, said corner being 50.0 feet Sputheast of and at right angles to the Engineer's Centerline sta 656/38.0 of said Higgway; THENCE N. 43. deg. 00' B. 61.8 feet, N. 43. deg. 30' E. 99.6 feet, N. 44 deg. 00' E. 99.6 feet, N. 44 deg. 30~ E. 99.6 feet, N. 45 deg. 00' E. 29.4 feet with said present right-of-way to the Common corner of the P. D. Baker one acre and the Tillman O. Shafer 1.863 acres, said corner being 50.0 feet, Southeast of and at right angles to the Engineer's Centerline Sta. 660/29.5; I ACRE t THE.~fi:E 1i 45 deg. 13' 1;:. 10.0 feet with lined of If. D. Baker one o a p01n or corn~ in t~x~F.-F--. proposed Southeast right- 1&';'J /' ...,j r"'''' /.to 8 H 409G "--' right-of-way of State Higkway 35, said point being 60.0 feet South- east of and at right angles to the Engineer's Centerline Sta. 660/29.5; THENCE S. 45 deg. 00' W. 29.4 feet; , S. 44 deg. 30' W. 99.5 feet, S. 44 deg. 00' W. 99.5 feet with said proposed right-of-way to a point for corner 60.0 feet Southeast of and xx at right angles to the Engineer's Centerline Sta. 658/00~ I, THENCE S. 37 deg. 47' W. 100.0 feet with said proposed right-of- way to a point for corner 70.0 feet southeast of and at right angles to the Engineer's Centerline Sta. 657/00; THENCE S. 43 deg. 00' W. 62.3 feet with said proposed eight-of-way to a point for corner in aforementioned Henry ~Rek and J. E. Shannon lands, said point being 70.0 feet Southeast of/at right angles to the Engineer's Centerline Sta. 656/37.4; I THENCE N. 45 deg. 13' W. 20.0 feet with line of Hwnry Marek and J. E. Shannon to the place od beginning, containing within these metes 'and bounds 0.115 acresx*fiXDX~xxBXxxl&aA~ of land more or less. " G. M. S. DEVELOPMENT CO. Being a part of lot 1, Block 1, of the MeadowBrook Park Subdivision of tract 3 4 of the J. V. Bouquet Subdivision out of the Felix Sanchez One- Quarter League, Abstract 34, conveyed by Meadow Brook Development COInpany to G.M.S. Development Co., by deed dated the 21st day of May, 1956, and recorded in volume 116, page 73, of Deed Records of Calhoun County, Texas, and being more particularly described as follows: to-wit Beginning at the South corner of s aid Lot 1, Block 1, of the Meadow- Brook Park >>~v~y~~ Subdivision, said corner being the intersection point of the Northeast line of a 60 foot wide public road and the exist- ing No rthwest right-of-way of State Highway 35 and being 50.0 feet northwest of and at right angles to the engineer's Centerline Sta. 663/70.6: ' , THENCE N 43,deg. 02' W 10.0 feet with said Northeast line of a 60 foot public road to a p8int for corner in the proposed Northwest right-of-way of St. Hwy. 35, 60.0 feet Northwest of and at right angles to the Engineer's Centerline Sta.663170.6; , /-'P~ ...:.-- -'rl g] 'II 1" Ln.1 THENCE N. 46 deg. 30' E. 29.8' feet, - Jc ~- 'II!I!I:$ N. 47 deg. 00' E., 92.1 feet with said proposed right-of- way to a point for corner in the Northeast lin. of the G.M.S. Development Co. tract, said line also being the Southwest ,line of tract # 2 of th7 J. V. Bouquet Subdivision of the Felix Sanchez One-Quarter League~ sa;d point being 60.0 feet Northwest of ana at right angles to the En~nee rs Centerline Sta. 664/91.6; THENCE S. 43 deg. 02' E. 10.0 feet with the G.M.S. Developnlent Co. Northeast line to a point for corner in the present Northwest right~ of-way of State Highway No. 35, 50.0 feet Northwest of and at right angles to the Engineer's Centerline Sta. 664/91.6; I '. .' - , , , . THENCE South 47 deg. 00' W. 92.0 feet, South &6 deg. 30' W: 29.9 feet with said present right- of-way to the place of beginning, containing within these metes and bounds 0.028 acres of land, more or less. ~.I D. E. ,TONEY, SR. Being a'''part of 1.0 acres out of the Marek-Shannon Subdivis~on out of tract # 11 of the J. V. Bouquet Subdivision out of the Fel~x Sanchez One Quarter League, Abstract 34, conveyed by Henry Marek and J. E. Shannon to D. E. Toney, Sr., by deed dated the 9th day of Jan- uary 1954, abd recorded in Volume 90, page 22 of,Deed Records of calhou~ County, Texas, and being more particularly des~~~bed as follows, to-wit. I Beginning at the common corner of the J. D. Short 0.~99 acres, and the D. E. Toney one acre tracts in the present Southeast r~ght-of-w~y of State Highway 35, said corner being 50.1 feet Southe~St ~f and at r~ght angles to the Engineers Centerline Sta. 667/01.6 of sa~d H~ghway; :-- :.-:r~'cc.:,~~~~ ~....... ,.. .-...._...~- - l " 408I 409H I I THENCE N 53 deg. 39' to a paint for corner 59.0 Engineer's Centerl~ne Sta. 5'1 THENCE N 48 deg. 58' E 70.8 feet, N 49 deg. 06' E 92.7 feet with present right-of-way to the common corner of the D.E. Toney one acre and the Aloise Hollub one acre tracts, said corner being 59.0 feet Southeast of and at right angles to the Engineer's Centerline Sta. 669/63.9; E 98.4 feet with said feet Southeast of and 668/00; present right-of-way at right angles to the THENCE S 45 deg. 13' E 1.0 feet with line of Hollub one acre tract to a pomnt for corner in the proposed Southeast right-of-way of State Highway 35, 60.0 feet Southeast and at right angles to the Engineer's Centeeline Sta. 669/64.0; THENCE S 49 deg. 06' W 92.8 feet, S 48 deg. 59' W 70.8 feet, S 48 deg. 30' W 97.3 feet with said proposed right-of-way to a point for corner in line of aforementioned J.D. Short 0.999 acres, said point bemng 60.0 feet Southeast of and at right angles to the Engineer's Centerline Sta. 667/02.2; THENCE N 45 deg. 13' MxixxjxxeHxXHixkxxaisxpxapaxHsxxigkExa%KNaJ W 9.9 feet with the J.D. Short line to the place of beginning, contain- ing within these metes and bounds 0.016 acres, more or less. HENRY MAREK AND J. D. SHr.NNON I Being a part of the ;Marek-Shannon Subdivision out of tract #11 of the J.V. B6quet Subdivision out of the Felix Sanchez one-quarter League, Abstract no. 34 conveyed by John M. Boquet, etux to Henry Marek and J.E. Shannon by deed dated the 15th. day of December, 1952, and re- corded in Vol. 84, page 315 of Deed Records of Calhc.un County and being more particularly described as follows, to-wit: Tract No. 1 BEGENNING at the common corner of lands owned by Frank Gumm and lands owned by Henry Marek and J.E. Shannon in the present SaiH South- east right-af-way of St. Hwy. 35, said corner being 40.0 feet Southeast of and at right angles to the Engineer's Centerline Sta. 653/58.7 of said Highway; THENCE N 42 deg. 07' E 41.3 feet with said present right-of-way to a point for corner 40.0 feet 2SXH Southeast of and at right angles to the Engineer's Centerline Sta. 654/00; I,. THENCE N 49 deg. 45' E 75.2 feet with said present right-of-way to a point for corner 50.0 feet Southeast of and at right angles to the Engmneer's Centerline Sta. 654/74.55; " THENCE N 42 de.g. 11' E 25. 3 feet, N 42 deg. 30' E 99.6 feet, N 43 deg. 00' E 37.8 feet with said present right-of-way to a point for corner of the T.O. Shafer 1.863 acres and the Henry Marek and J.E. Shannon lands, said corner being 50.0 feet Southeast of and at right angles to the Engineer's Centerline Sta. 656/38.0; I THENCE S 45 deg. 13' E 20.0 feet w1th line of T.O. Shafer 1.863 acres to a point in the proposed Southeast right-of-way of St. Hwy. 35, said point being 70.0 feet Southeast of and at right angles to the Engineer's Centeeline Sta. 656/37.4 of said Highway; L -,,~ -~ 1h~) .... ,",,' , 40f \T ') -.-.....-~! '........ _ J 409 I --., I THENCE S 43 deg. 00' W 37.1 feet, S 42 deg. 30' W 99.4 feet, S 42 deg. 11' W 25.2 feet with said proposed right-of-way to a point for corner 70.0 feet Southeast of and at right angles to the Engineer's Centerline Sta. 654174.55 ; I THENCE S 36 deg. 01' W 118.6 feet with said proposed right-of-way to a point for corner in line of the aforementioned Frank Gumm lands, said point being 82.7 feet Southeast of and at right angles to the Engineer's Centerline Sta. 653156.7; THENCE N 45 deg. 13' W 42.7 feet with line of Frank Gumm lands to the place of beginning, containing within these metes and bounds 0.163 acres of land, more or leSE. Tract No. 2 BEGINNING at the common corner of the Aloise Hollub 0.816 acre tract and lands owned by Henry Marek and J. E. Shannon in the present Southeast right-of-way of St. Hwy. 35, said corner being 59.0 feet Southeast of and at right angles to the Engineer's Centweline Sta. 672109.9 of said Highway; THENCE N 49 deg. 06' E 53.6 feet with said presentr1ght-of-way \. ,. to the North 'corner of the Henry 'Marek and'J.E. Shannon .lan4~\said corner a~,sogbeiu~ fhet.~SJ11lhhees1Ietrfof tract #11 of the J. V. . Boquet Subd:i:v:ision; ,said corner being 59.0 feet Southeast of and at right angles to the,'E:ngineer's'Centerline Sta. 672163.5;"\ <.';'"' "" ......:.t'.;: ';, \} . ..... '. ...~._ '.,q:' ..i--n;'~....~~.,t:.~? THENCE,S 45: deg. 13"E 1.0 'fe'et'with the 'Northeast lin'e 'oLthe Herlfy/M~rek 'and j :'E. Bharinon. lands;, aiso \ieing the Northeast,' line "c;f ";~~id t;-.~cf)I}'i~,.~f th~ J..Y:;J~'9qu:et;p-tibd,ivision, to a ,p~int:fof./~h:.H~f. 1n the proposed Southeast right-of-way of State Highway 35, said point being 60.0 feet Soiiluheast of and.. at right angles to the Engineer's Centerline Sta. 672163.6 of said Highway; I, .' THENCE S 49 deg.06' W 53.6 feet with said proposed right-of-way to a point for corner in line of aforementioned Aloise Hollub 0.816 acres said point being 60.0 feet Southeast of and at right angles to the Engineer's Centerline Sta. 672110.0; . THENCE N 45 dag. 13' W 1.0 feet with line of Aloise Hollub 0.816 acres to the place of beginning, containing within, these metes and bounds 0.001 acres of land, more or less. B.C. KEY ~eing a part of tract # 9 of the J.V. Boquet Subdivision out of the Felix Sanchez One-~arter League, Abstract Np.34, conveyed by Guy D. Grissom etux to B.C. Key by deed dated the 8th. day of August, 1953, and recorded in Vol. 87,page 438 of Deed Records of Calhoun County, Texas, and being more particularly described as follows, to-wit: I " ;/ BEGINNING at the common corner of the Nelson Railford and the B.C. Key tracts in the present Northwest right-of-way of St. Hwy. 35, 50.0 feet Northwest of and at right angles to the Engineer's Cen~line Sta. 660199.4 of said Highway; I :1' :;1 " " ~ ......:::"'}.;..l l .., lto 8 (' 409 J " I I THENCE N 43 deg. 02' W 10.0 feet with the Nelson Railford line to a point for corner in the proposed Northwest right-of-way of said Highway, 60.0 feet Northwest of and at right angles to the Engineer's Cen'terline Sta. 660t99.7; THENCE N 45 dag. 00' E 0.2 feet, N 45 deg. 30' E 89.6 feet with said proposed right-of way to a point for corner in line of lands owned by Emitt L. Herod, .etux, same being Lot I, Block 2 of the Meadow Brook Park Subdivision said point being 60.0 feet Northwest of and at right angles to the Engineer's Centerline Sta. 66lt89.2; THENCE S 43 deg. 02' E 10.0 feet with the Herod line to the common corner of the Herod and Key lands in the present Northwest right-of-way of State Highwat 35, 50.0 feet Northwest of and at right angles to the Engineer's Centweline Sta. 66lt89.0; THENCE S 45 deg. 30' W 89.4 feett S 45 deg. 00' W 0.6 feet with said jpresent right-of- way to the place of beginning, containkng within these metes and bounds 0.021 acres of land, more or less. - - - - - - - - - - - - - - -- - - - - - ORDER OF ACCEPTANCF;-RIGHT OF WAY EASEMENT , I ON MOTION DULY MADE, seconded, and unanimously adopted, the Co~t accepted the right-of-way ea~ement, adjacent to Little Ohocolate, fro~ Mildred Shofner, consisting of 0.64 and 2.14 ~cres out of the Fe11x Sanchez One-Quarter League, same ~lso,being a part ot Lot 28 of the Westerlund SUbdivision, tor ~800.00 per acre, and $200.00 damages. It was further agreed to move a house on the property if necessary; also a drive if same is not moved by the State. - - --- - - - ---- - - --- " ,I o I Ib~) L ..,j r- / /f08/... / 409 K " 'I M.O. COJ\lBS AND ;:H'E HORTEtJCE GOMBS Being a part of 9.5 acees situated in the i<'loreJIlltina Garcia Grant, Abstract 15, conveyed by Charlie Powell, et,ux to M.O. Combs, etux, by deed dated the 13th. day of October, 1955, and recorded in Vol. 105, page 317 of Deed Records of Calhoun County, Texas, and bein~ more oarticularly described as follows, to-wit: to ' I BEGINNING at the intersection of the present Northwest right-of- way of St. Hwy. 35 and the center of Big Chocolate Ba~ou, said ppint of intersection being 80,0 ~eet Northwest of and at right angles to the Engineer's Centerline Sta. 644/33.9' of said High"JaYi THENCE S 42 deg. 07' :,,/ 233.9 feet "Jith said present right-of- way to a point for corner 80.0 feet Northwest of and at right angles to t he Engineer's Centerline S1'a. 642/00; , THENCE S 47 deg. 53' E 30,0 feet with said present right-of-way to a point for corner 50.0 feet Northwest of and at right angles to the Engineer's CenterlineS~~. 642/00; . THENCE S 42 deg. 07' W 1500.0 feet "'lith said present righteof-way to a point for corner in line 01' the Combs lands, also being inline of the Old Martin Farm Lands, said point being 50.0 feet Northwest of and at right angles to the Engineer's-Centerline Sta. 627/00; THENCE N 24 deg. 52' E 33,7 feet with line of Martin lands to a point for corner in the pro!)oses Northwestdright:of' -way or3tiiye' Highway J5, said point being 60.0 feet Northj1est of and at right angles to the Engineer's Centerline Sta. .627-/32.2 of L'!aid HighHay; .... . ~ THENCE N 42 deg. 07\ E 867.8 feet with said pro~osed iight-of- way to a point for corner 60.0 feet Northwest of and at right angles to t he Engineer's Center line Sia. 636/00; , . THENCE N 25 deg. 25' E 313.2 feet with said proposed right-of- way to a point for corner 150.0 feet Northwest ,of and at. right angles to the Engineer's Centerline Sta. 639/00; THENCE N 42 deg. 07' E 554.0 feet with said proposed right-of-way to a point for corner in center of Big Chocolate Bayou, said point being 150..0 feet Northwest of and at right angles to the Engineerls Cen~erline Sta. 644/54.0; THENCE S 31 deg. 53' E 72.8 feet with the center of the Big Chocolate Bayou to the place of geginning, containing within these metes and bounds 1.662 acres of land, more or less. I, " . " ALOISE HOLLUB Being a part of 0.816 acres out of the Marek-Shannon Subdivision out of tract #11 of the J. V. Boquet Subdivision out of the Felix Sanchez One~Quarter League, Abstract No. 34, conveyed by Henry Marek and J.E. Shannon to Aloise Hollub by deed dated the 15th. day of January 1954, and recorded in Vol. 90, page 327 of Deed Records of Calh':lUn County, Texas and being more particularly described as follows, to-W1t: . I, BEGINNING at the common corner of the D.E. Toney one acre and the Aloise Hollub 0.816 acre tracts in the present Southeast right-of~way of St. rtwy. 35, 59.0 feet Southeast of and at right anglF's to the Engineer's Centerline Sta. 669/63.9 of said Highway; I I I I I I ,<<\ 1&10 ) ""'I .i.f-()8M r 409L .' " THENCE N 49 deg. 06' E 246.0 feet with said present right-of way to the conwon corner of the Hollub 0.816 acre and lands owned by Henry Marek and J.E. Shannon, said corner being 59.0 feet Southeas~ of and at right angles to the Engineer's Centerline Sta. 672t09.9; THENCE S 45 deg. 13' E 1.0 foot with line of Marek and Shannon lands to a point for corner in the proposed Southeast right-of-way of State Highway 35, said jpoint being 60.0 feet Southeast of and at right angles to the Engineer's Centweline Sta. 672tlO.0; THENCE S 49 deg. 06' W 246.0 feet with said proposed right-of- way to a point for corner i n the line of aforementioned D.E. Toney one acre, said point being 60.0 feet Southeast of and at right angles to the Engineer's Centerline Sta. 669t64.0; THENCE N 45 deg~ 13' W 1.0 feet with line of D.E. Toney one acre to the place of beginning, containing within these metes and bounds 0.006 acres of land, more or less. '. :~>~:~~~,~:~~: :::?)~::~~:i~i :;, ';3\ft€ST " ,', "; .,~:.)~~-; (~'..':." "0"'::' \''''''..-..~:/i: >... -;~, <:.: '-' ,1... J., " \ "I /' '" , ,,' "'/;":'~"".c.~ "'~/ ,?rc">fjj'~". :,:tE~{~,\~;,~'~/ ~:, .' .' ~~i'G:.e"G'..Wodcl-~ ~"i''-:;A::C\)''::~9''-'~;;;< \ ~ ' . - . . \'''.'.''- , J ~?A~ Howard G. Hartzog, County Judge of Calhoun County, Texas. ... 4D~N , " / ~,o". l ~i 'I\, I I ) , I I I p r I , ""'Ill 409 . I RIGHT OF WAY. HIGHWAY 35. BRIDGE PROJECT On motion made by Clarence Barton, seconded by Ernest Radtke, and unanimously adopted, it was ordered that' Mr. Frank Gurum be offered the total sum of $600.00 per acre,which would include the value of the land ~aken and the damage to the remaining tract (fand that in the event the same was not acceptable, that County Attorney Jack Fields, assisted by R. A. Barton, be authorized to proce'ed in t he name of the County to acquire the sam!il, as provided by law.) - - - - - - - - - - - - - - - - I MINUTES AND ADJOURNMENT On this, the 11th day of~ebruary, 1957, at a Regular Term of the Commissioners' Coprt of Calhoun County, Texas, with all members of the Court being present, on motion duly made, seconded and unanimously adopted, the Minutes of the previous meeting in January~ we~e read and approved. H~~~~Jy~ County, Texas . . SPECIAL FEBRUARY TERM HELD FEBRUARY 21. 1957 I THE STATE OF TEXAS 0 o COUNTY OF CALHOUN 0 BE IT REMEMBERED. that on this'the 21st day of February, 1957, there was begun and holden at the Courthouse in the City of Por~ Lavaca, said County and State a Special February Term of the Commissioner's Court within and for said County and State, same being the First upecial February ~erm, 1957, and there were present on this day the following officers of the Court to-wit: HOWARD G. HARTZOG, County Judge MAURICE G, WOOD, County Clerk FRANK E. WEDIG, Commissioner, Pr.l ERNEST H. RADTKE, Commissioner,Pr.3 R. F. KEMPER, Commissioner., Pro 2 CLARENCE BARTON. COmmissioner,Pr. 4 WHEREUPON, the following orders were made and entered by said Court to-wit: - - - - - - - - - - - - - - - APPROVAL OF BUILDING EXTERIOR . On this the 21st day of February, 1957, the Commissioners' Court of Calhoun County met with the Architects, Rustay and Martin, and the Court House Advisory Committee. Thereupon, on motion by Commissioner Clarence Barton, seconded by R. F. Kemper and unanimously adopted, the Court accepted the recommendations of the Court House Advisory Committee, and ordered that the Aluminum Panneled Wall building be approved for erection. It is so o~dered. - - - - - - - - - - - - - - - , I FAIR GROUND AC~UISITION After recommendation by the Fair.tGround Committee as to a proper site for the location of the Fair Gro~nds7was moved by Commissioner Frank Wedig, and seconded by Commissioner R. F. Kemper, that the Willie Piekert 35 acre tract be secured at his agreed price of $1050.00 per acre, and that the County Treasurer be authorized to place a sum equal to 10% thereof in escrow, and the balance to be paid upon title approval and delivery of the warrant deed covering said 35 acres. The vote was unanimous~ It is so ordered. - - - - - - - - - - - - - - - I APPROVAL OF PRELIMINARY PLANS OF COURTHOUSE On motion made by Commissioner Ernest Radtke, ~nd seconded by Commissioner R. F. Kemper, it was ordered that the preliminary plans as prepared by Rustay and Martin, Apchitects, as to foundation, office arrangement and exterior, be approved. And that they be instructed to complete the final detail and resubmit same for final approval before the same is let for bid. Unanimous. It is so ordered. - - - - - - - - - - - - - OFFICE E~UIPMENT . At a called session of the Commissioners Court held at the regular meeting place on February 21. 1957, it was moved by Commissioner Barton that the court accept the recommendations of the officers concerned on the equipment bids which were tabled on February 11th, 1957, and that the following purchases be authorized: ll... ...,j ""-410 ' , ITEM 5. Rejected, and the equipment specified in item 9 be substituted in : its stead. ' , " , ITEM 6. Accepted the bid of the Victoria Typewriter Co. 'for 1 Victor Model' 753-54 in the amount of $260.10. . . ., '- ITEM 7. Accepted the bid of Russel Office Equipment Co. for 1 Model 93112-5 Remington Rand electric a'ddi?g ma'chi"J1.~' 11 column t"otal, for' a ,price of $340.20:" ITEM 8. Accepted the bid of Victoria Typewri ter Co~ for 2 16" Royal mo:deJ _ __' HH typewriters for a net cost of $344.00, after trade~inallowances~ ITEM 9 , Substituted for t he adding machine in the County Tax Collector's, office, instead of the machine described in Item 5, the bid of Victoria Typewriter Co. for 1 Victor Model 75-85-54 for a list of $525~00 less a 10% ~iscount to the county for a net cost of $472.50. " , ITEM 10. Accepted the bid of Victoria Typewriter Co. for 1 Steelroaster No. 2605c-5 drawer legal file for a price of $87.80. , ITEM 11. Accepted the bid of Calhoun County Times, Alternate 'C, Harrison FCP450-TL for a net price of $75.05. ' ITEM 12. Accepted the bid of Victoria Typewriter Co. for 1 Craner model A22 posture chairfoI' a net price of. $46.,55 . ,"., .," .., ' . ITEM 13. All bids rejected. ' " " I'lEM l~ . Accepted the bid of Victoria Typewriter vo. for 1 Crame~ typewriter stand with a leveling device, at a net price of $35.00. .' , ITEM 15. Rejected and, in lieu thereof, 2 filing cabinets as--selectedfor-". -. item 11.,., . ITID~ 16. Accepted the bid of Calhoun vounty Times, Alternate B, for 1 Anderson-Hickey No. 6001, at .a net ,costof,~66.03. And further, that the' purchase 'authorized for "item 12 'be increased 'to include 1 chair for the County Auditor's office and that the purchase of item 14 be increased to include 1 typewriter stand for the. Tax Collec~orls office, both of these additons being within the amounts authorized in the budget for office equipment and furnityre for these offices., ,{ Motion secnded by Commissioner Wedig. Questlbon. Unanimously carried. - - - - - - - - - - - , . s . . HELD FEBRUARY 23rd.,1957 SPECIAL FEBRUARY TERM . t THE STATE OF TEXAS 6 6 COUNTY OF CALHOUN I BE IT REMEMBERED, that on this the 23rd day of February, 19.57 ,".there ,was. begun and holden at the Courthouse in the City of Port Lavaca, said County and State, a Special Term of the Commissieners' Court within and for said County and State, same being the Second Spceial February Term, 1957, and there were presint on this date the following officers of the Court, to-wit: . Howard G. Har,tzog, County Judge; Frank E. Wedig, Commissioner, Pro 1 Ernest H. Radtke, Commissioner, Pro 3 Clarence Barton, Commissioner," Pr.-4' Maurice G. Wood, County Clerk, whereupon, the following orders were made and entered by said Court', to-wit: Additional Hight of Way for State Highway No. 35, and Big Chocolate Creek area in Calhoun County, Texas.' Offer of settlement with owners of the . land for St. Hwy. 35 Right of Way purposes including the damages. On the 23rd day of February, 1957, a "'pectal-Term 'of'the-Coromiss'ione'rs' Court of Calhoun County, Texas, with all members of the Court being present except Commissioner R. F. Kemper, there came on to be considered at,the~,'- request of the State Highway Department of Texas, for the obtain~ng~6f adjitional ,Right of Way for State Highway No. 35 in the Big Chocolate Creek area of Cal~oun County, Texas and it being within the knowledge of the'Court that by and on order heretofore entered and which appears in the minutes of the Court, decision for the necessity to obtain said Right'of Way and which _order is made a part there~f for anY,~nd all purposes and the Court having ~ ~ w~ ~ ~ eN b,] . I .- I . I . "I I . .... "'III 411 . I I made a personal inspection of the premises of each land owner and of the fair market value of t he land of each land owner and of the damages I accruing to each owner by reason of the taking of each Right of Way ease- ment in favor of the State of Texas, f'ind as follows: I HENRY MAREK AND J. E. SHANNON Tract No. damages set at at $600.00 for 1 composing .001 acres of land, fair market value and the the sum of $25.00. Tract No.2, 0.163 acres of land set the total value of the land and damages. . ALOISE HOLLUB I Composing 0.006 acres of land set at $50.00 for the total value of the land and damages. D. E. TONEY, SR. Composing 0.016 acres of ll,md, set at $100.00 for t he total value of the land and damages. . JOE DAWSON SHORT AND WIFE EDNA E. SHORT Composing 0.054 acres of land set at $300.00 for the value of land and damages. A. C. SHAFER Composing 0.051 acres of land set at $300.00 for the fair market value of aand and $1500.00 for the damages. PAUL D. BAKER Composing 0.049 acres of land set at $300.00 for the total value of the land and damages. I TILLMAN O. SHAFER Composing 0.115 acres of land,ualue of land set at $600.00 and $100.00 for t he damages. FRANK B. GUMM Composing 3 tracts of land; No.1 composing O.O~ acres, No.2 composing 1.418 acres, No.3 composing 1.71 acres; value of the 3.,1:7.8 acres of land, Which includes the fair market value plus the damages at $600.00 per acre, a total of $1,906.80. B. C, KEY . Composing 0.021 acres of land, set at the fair market value of the land at $200.00 plus $200.00 for the damages. THE MEADOW BROOK DEVELOPNENT CO. Owned by Lawrence A. Dio, B. I. Lempert and David Lack, composing 0.226 acres of land set at $600.00 per acre for the fair, market value of the land and damages. M. O. COMBS AND WIFE HORTENCE GOMBS I Composing 1.662 acres set at the fair market value of the land, damages at $600.00 per acre. It is further ordered by the Court" that R. A. Barton, an,Attorney at Law of Port Lavaea, Texas,submit the values and damages as set in this order to the owners of the land and to obtain from the respective owners, Right of Way easement in favor of the State of Texas in accordance with the approved forms of the Highway Vepar~ment of Texas, and that payment shall be made to the owners as set herein by the Court. Wherefore, upon motion made by Frank Wedig, seconded by Commissioner Ernest H. Radtke unanimously adopted the above values as set and ordered herein made for this day Ordered, Adjudged and Decreed by the Court. S/ Howard G. Hartzog vounty Judge of l;alhoun vounty,!'exas '. I ATTEST: S/ Maurice G. Wood County (;lerk i- .' .... .... ""412 , , 00 ~ ~-"l te ~-1 . FAIR GROUNDS ON THIS, the 23rd day of February, 1957, at a Special February'Term of the Commissioners' Court of Calhoun County, Texas, with all members of the Court being present, the Court ordered that the County pay for the surveying of, and the deed on the Willie Piekert 35 acre FairGround Tract, and that the County take immediate possession of the said 35 acres. MOTION Clarence Barton SECOND Ernest H. Radtke QUESTION VOTE UNANIMOUS I - - - - - - - - - - - - - - - - JOHN GARNER SETTLEMENT THE STATE OF TEXAS 0 COUNTY OF CALHOUN I 1 BE IT REMEMBERED, that on this the 23rd day of February; A. D..1957, there was begun and holden at the Courthouse in the City of port.Lavaca; said State and County, a Special Term of the Commissioners' Court within and for said County and State, same being the Second Special Fe,b~u,a,ryTerJll, 1,95]" and there were present on this date, the following officers of the Court, to-wit: HOWARD G. HARTZOG, County Judge, FRANK E. WEDIG, Commissioner,Pr. No. 1 ERNESTH. RADTKE, Commissioner, Pro No.) CLARENCE BARTON, Commissioner,Pr. U. ' MAURICE G. WOOD, County Clark. . And whereas, in addition to other business of the session, the following was transacted: ,__' WHEREAS, heretofore the Commissioners' Court of Calhoun County, Texas by virtue of the exercise of its power and. right of Condemnation for Public State Highway purposes duly entered its orders for the condemnation of 14.170 acres of land, in the A. Esparza one-half league grant in,Callihoun County, Texas, as owned by John A. Garner and wife Efris Garner, in undivided 7/8 ownership, and W. D. Garner in undivided 1/8 ownership, with A. L. Scarberry and George ' Johnson and wife Kathryn Johnson, as tenants in partial possession, the 'said decree and order of the Court being styled, the State of Texas, acting by and through the Commissioners' Court of Calhoun County, Texas, andsaid,necessary land to be obtained for the purpose of laying out, constructlng'and re-construct- ing a part of State Highway No., 35.in Calhoun County, Texas,' des'ignated as the State Highway No. 35 by-Pass., .' . I WHEREAS, on the HJth day of June A. D. 1956, the Commissioners 'Court being unable to agree with the defendants, entered its orders, which appear in the minutes of said date, for the condemnation of said 14.170 acres of,~and, whereupon 'SpeCial Commissioners in condemnation were appointed by the County Judge of Calhoun County, Texas, qualified as such by taking the oath of office, set, the caUSe for hearing, issued notice as. prOVided by law ami fact were submitte, and thereafter the judgement of the Special COmmissioners was reduced to writing an~ filed with the. County Judge, ,and within ,the ,ten days ,as provided by law, the defendants appealed to the County Court of Calhoun County, Texas, and which judgement and the pap~rs of said cause' were 'filed and appear in said County Court, Styled No. 532 on the Docket of the County Court of Calhoun County, Texas, and . ( / '" ,., WHEREAS, the judgement of said Special Commissioners, .awarded ,the'Fa1-r, . ~arket Value of the land, and the damages as follows: z . Total Value of the land condemned------------$9,210.50, Fair Market Value of the Shell De~osit-------$6,381.00 Value of the improvements, including losses and damages business thereon and to, the remainder of the property: ' $1,839.06 . $~J,4JO.5o Plus the sum of $200.00 to A.L. Scarberry, a tenant ,in partial possession. , I To: W. D. Garner, u~divided owner of 1/8 [nterest in the land and Shell Deposit the sum of ------------------~-------------~~~:::-:-:-$l,943.91 I To: Jopn A. Garner~-~~~-:~~~' U~~~vided 7/8 _ownership in land, Shell and total owners in damages,j211943.59 , TOTAL m,4.:S0.:56 to operating ~ . .1 I _.-F: ~ . ? 4----~--- -F~ -:- /' . l ..... r ~ 413 . I WHEREAS, the Commissioners Court of Calhoun County, Texas, after the appeal of the cause to the County Court of Calhoun County, Texas, and . desiring to take possession of the property pending litigation, deposited with the Clerk of the eounty Court of Calhoun .County, Texas, the amount of said award, the sum of $2J,6JO.56, subject to the orderes of the defendents as their interest might appear and paid the cost -of said proceedings as in said judgement provided; and which cause of action is now pending in said County Court of Calhoun County, Texas. WHEREAS, on this the 2Jrd day of February A. D. 1957, the defendants John A. Garner, personally and in behalf of his wife, and W. D. Garner in person, and a proposed settlement was discu,sse<l by and between the Court and the above named defendants: I Total value of land condemned- - - - - - - - - - - - Fair market value of Shell ileposit- - - - - - - - - - - Value of improvements, including losses and damages to operating business thereon and to remainder of peoperty, increased from $7,839.06 to - - - - - - - - - - - - - - - - - - - - $9,210.50 $6,381.00 TOTAL - -,$12,289.06 }27,61:l0.56 . TO BE AWARDED AS FOLLOWS: . /' To W. D. Garner, undivided 1/8 owner in the land and shell deposit- - - - - - - - - - - - - - - - - - - :Iii 1,943.97 I To John A. Garner and wife Edris Garner, ownership 7/8 in land, shell and total owner in damages, $2l,486.59,plus $4,250.00, a total of- - - - - - - - - ~25,7J6.59 TOTAL $ 27,61:l0.56 That all of the above amounts in the sum of $27,680.56 were to be paid, except the sum of $6,144.51, representing one-half of the total amount in damages to John A. Garner and wife Edris Garner, in the aggregate sum of $12,289.06 with $6,144.51 to be with-held, and payable to John A. Garner and wife, Edris Garner, when the following conditions shall have been complied with as follows: 1. The execution and delivery of the approved right of way ease- ment in favor of the State of Texas, covering the 14.170 acres of land, bearing the signatures under acknowledgments of W. D. Garner, John A. Garner and wife Edris Garner, and thereupon, the following amounts shall be due and payable by the Commissioners Court of Calhoun County, Texas, as follows: . To W. D. Garner- - - - - - - - - - - - - - - - - - -$ 1,943.97 To John A. Garner and wife, Edris Garner- - - - - - t19.592.08 ~ TOTAL l2l,536.05 That the remaining balance in the sum of $6,144.51 to be paid to John A. Garner and wife Edris Garner as follows: . I ~ 1. That on or before 120 days from February 23rd. A. D. 1957, the said John A. Garner and wife Edris Garner, bind and ol;>ligate themselves to remove from the 14.170 acre trect, such fences, buildings and other obstructions as may be found upon said premises, except the Causeway Inn property. Deliver the possession of the 14.170 acre tract to the State of Texas,. subject to rights A. L. Scarberry and thereupon the sum of $5,424.51, shall be due and payable by the Commissioners Court of Calhoun County, Texas, to John A. Garner and wife, Edris Garner, at Port Lavaca, in Calhoun County, Texas, leaving a final balance in the sum of $720.00 payable to John A. Garner, and wife Edris Garner, when they shall have removed what is known as the Causeway Inn property from the right of way which they bind themselves to do not later than October 10th A. D. 1957, or at a prior date to October 1st. A. D. 1957, if demand is made by the Commissioners Court of Calhoun Vounty, Texas. If demand is made prior to Vctober 1st. A. D. 1957, arty liability of damages accruing to A. L. Scarberry by said removal shall accrue and be payable by Calhoun County, That this settlement shall operate as complete of all matters in dispute as to John A. Garner and wife Edris Garner, W. D. Garner and the Judge of the County Court of Calhoun tounty, Texas, is hereby requested to enter an order, dismissing the Cause of Action with prejudice to these parties; that the Clerk of the County Court of Calhoun County, Texas, is hereby instructed to pay the defendants the separate amount of moneys as herein provided from the escrow money on deposit in said cause, and to hold the remainder subject to the further order of the Commissioners Court of Calhoun ~ounty, Texas. I- I . ,~ Il... ..... r"'414 , ~ 00 ~ C'.:..., tt:J ;;::,., . It is further provided that in the, event of future damages suffered by., John A. Garner and W. D. Garner to the remaining lands as a result of washing or erosion occasioned by the construction of the 'right of way and ditches adjacent thereto, Calhoun County shall be liable. , , . WHEREUPON motion by Commissioner,Frank E. Wedig and seconded by Ernest H. Radtke, and unanimously carried,the proposed settlement was ratified, confirmed and adopted by the Commissioners' Sourt of Cal~oun County, Texas, on this the 23rd day of February, A. D. 1957. 'I ATTEST: sl County Maurice G. Wood ~lerk, Calhoun Cou~ty, Texas . sl Howard. G,~ Hartzog " ~ounty Judge of Calhoun County, texas sl John A. Garner SI Edris Garner I - - - - - - - - - - - - - - -'- - - - BE IT REMEMBERED, that on this the 26th day of February, 1957, there was begun and holgen at the Courthouse in the City of Port Lavaca, said County and State, a pecial Term pf the Commissioners' Court within and, for said County and Stgte, same being the Third Special, Term, 1957, and there were present on this date the followi~g,pf~l?ers of the Court, to-wit: FRANK E. WEDIG, Comm. Pro 1, COUNTY JUDGE PRO TEMPORE R. F. KEMPER, Commissloner,Pr.2 ERNEST RADTKE, Commissioner~ Pr.3 CLARENCE BARTON, Commissioner, pr.4 MAURICE G. WOOD, County Clerk . WHEREUPON, the following orders were made and entered by said Court,to-wit: I TRANSFER OF FUNDS On this, the 26th day' of February, 19~7,' at a Special Term of,the Commissioners' Court of Calhoun Co~ty, Texas, with the above named members of the Court being present, the Court ordered the transfer of $20,000.00 from the Permenant Improvement Fund. to ~he Courthouse.and-Agrlculture-Building Available Fund. , MOTION: Clar~nce_Barton SECOND:, Ernest Radtke QUESTION: VOTE: UNANIMOUS - - - - - - - - - - - - - - - - - . BOND ORDER AMENDED ON MOTION made by Clarence Barton, seconded by Ernest Radtke, and unanimously carried, the Court ordered that the order of February Ilth,1957, relative to the sale of $800,000.00 Court -House Bonds" and $200,000.00. Jigricli.lture Building & Grounds Bonds" be. amended, to read lion the :2nd1 day of Aprilll instead of lion th~ 11th day of Marcrll: ' > - - - - - - - - - - - - - - -- , AT~TEST: _ _'~'~""~' ~- ., .----~ M reG. Wood, Joun y er ' - . ON THIS, the 26th day of ~eb~ua~y, 1957, at a Special Term of the Commissioners Court of Calhoun County, Tex~s,with,the above named memberaof the Court being present and constituting a quorum, on motion duly made, seco~de4 and unanimously adopted, the Minutes of the previous meeting of February 23rd, 1957. were read and approved. B~~~. Ca~houn Cqunty, Texas 'I MINUTES AND ADJOURNMENT I . e'_ ~--". l ~ r" - 415 . SPECIAL TERM HELD MARCH 4, 1957 1 1 THE STATE OF TEXAS 0 COUNTY OF CALHOUN I BE IT REMEMBERED, that on this the 4th day of March, 1957, there was begun and holden at the Courthouse in the City of Port Lavaca, said Bounty and State, a Special Term of the Commissioners Court wrtliiil:~and for said County and state, same being the First', Special March Term, 1957, and there were present on this date the following officers of the Court, to-wit: HOWARD G. HARTZOG, County Judge FRANK E. WEDIG, Commissioner, Pro 1 R. F. KEMPER, Commissioner, Pro 2 ERNEST H. RADTKE, Commissioner, Pr.3 CLARENCE BARTON, Commissioner, Pro 4 MAURICE G. WOOD, County Clerk WHEREUPON, the following orderes were made and entered by said Court, to-wit: - - - - - - - - - - - - - . PIPELINE RIGHT OF WAY ON MOTION by Ernest Radtke, seconded by Clarence Barton, and unanimously carried, the Court ordered the following application granted: RENWAR OIL COPORATION Office of Vice-President 1501 Wilson Tower Corpus Christi, Texas March I, 1957 1 Commissioners ~ourt of Calhoun ~ounty Port Lavaca, Texas Gentlemen: Ap,pl1ce.tion is hereby made to install a four-inch (4") gas line along 'n" Street in the Olivia Townsite, Calhoun County, Texas, as shown in green on plat attached. ~his line is necessary in order that we make a connection to dispose of gas under contract with . Aluminum Company of America. Also shown on plat in red is right of . , way granted us by the State Highway Department. If permit is granted we agree to comply with the following requirements: 1. That this line will be placed in the West extremity of "D" street and to a depth of eighteen inches (Hi") beneath the grade line of the street and well covered. Pi IJ r I 'J ON PFI'Ie. foR /I . 2. That our pipe line where it crosses any streets which are now open in ulivia Townsite shall be placed through a cast or wrought iron casing--said casing to extend through the shoulders from ditch line to ditch line. 1 3. That all excavations, for whatever purposes, amde by us within the limits of any road right of way, and for a distance of five feet (5') outside the boundary on either side ther~of, we agree to pond with water the backfill of said excavations, and to leave same in a manner finished to your satisfaction. 4. That all private and publiC entrances shall be replaced in as good, or better, condition as that existing prior to placing of this line. 1- 5. All labor, materials and equipment for installing this pipe line shall be available before ~eginning operation of work, and the work once started shall continue without delay through completion of the job unless such completion is prevented by conditions beyond our control. , . 6. Renwar Oil Corporation shall assume all responsibility in connection with the installation and maintenance of this line for any damage to the public and adjoining property owners. 7. It is further understood that the Commissioners Court of Calhoun County, Texas, may require us at our own expense to re- locate this line, subject to rpovisions of governing laws, by giving thirty (3Q) days written notice. 8. That your office wi Ii be given at least two (2) days notice of the actual starting of this work in order that you may have your representative on the ground to see that above requirements are understood by our field forces, and that same are complied with. I"' Ilo.. ..... , 416 - 00" ~ c... t:o t>.:L . This ~pplicat~on is iq duplica~e ~qq_your act~onth~~eonmaybe indicated on the copy hereof which we ask that you return to us at above address. Yours very truly, "I HWC:jgl RENWAR OIL CORPORATION sl H. W. Campbell , Land Department APPROVED: sl Frank E. Wedig R. F. Kemper Ernest H. Radtke Clarence Barton Commissioners 00urt of Calhoun Count~ I APPROVED IN OPEN COURT this 4th day of March, 1957 ordered filed sl Howard G. Hartzog, Presiding Officer, Commissioners Court Calhoun C~unty, Texas . - - - - - - - - - - - - - - - - - - BID TO REPLACE ROOF-SHERIFF'S OFFICE BUILDING On this the 5th day of March, 1957, at a Special Session of the Commissioners Court of Calhoun County, with all members of the Court being present, on motion by Clarence Barton, secended by R. F. Kemper, and unanimously carried, the bid of the Temple Lumber Company to replace the shingles on the Sheriff's Office Building for the sum of $369.00, was accepted. The said $369.00 to be paid out of the Permenant Improvement Fund. when the work is completed. FRANK GUMM PROPERTY-FINAL OFFER I: On this the 5th day of March, 1957, at a Special Session of the Commissioners Court of Calhoun ,County,. with all members of the 00urt being,present, the Court made its final offer to Frank Gumm in the amount of $2,572.40. representing $600.00 per acre, plus $200.00 damages per acre of the land taken, same being 3.178 acres; and that unless said offer is accepted by March 6,,1957, that Jack Fields, County Attorney, assisted by R. A. Ba~ton, be authorized to condemn the same in the name of the State of Texas; said.land to be paid for by Calhoun vounty out of the Right ot Way Available Fund. MOTION: Frank E. Wedig SECON~: Ernest H. Radtke QUESTION: VOTE: UNANIMOUS. . - - - -. - - MEADOW BROOK DEVELOPMENT CO. SETTLEMENT On this the 5th day of March, 19S7,at a Special Term of the Commissioners Court of Calhoun County, with all members present, the Court reached a settlement with Meadow Brook Development, Co. for highway right of way. On motion by Frank E. Wedig, seoonded by Ernest H. Radtke, and unanimously carried, the Court agreed on the sum of $1200.00 fo~ land and damages. . - - - - - - - - - - - - - - - 'I MINUTES AND ADJOURNMENT ON THIS. The 4th day of March, 1957, at a Special Term of the Commissioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion duly made, seconded and unanimously adopted, the Minutes of the previous meeting of February, 1957, were read and pproved. , ~, ~ I ATTEST: ood, ,~d~_ -<~ . i l r ..... 4lJ1 . I I REGULAR TERM HELD MARCH 11, 1957 I , ' ITHE STATE OF TEXAS I 'cOUNTY OF CALHOUN I I BE IT REMEMBERED, that on this, the 11th day of March, 1957, there was IbegUn and holden at the Courthouse in the City of Port Lavaca, said County and State, a Regular ~erm of the Commissioners' Court, within and for said ,County and State, same being the Regular March Term, 1957, and there were ,present on these dates the following officers of the L:ourt), to-.li t: I HOWARD G. HARTZOG, County Judge MAURICE G. WOOD, County Clerk FRANK E. WEDIG, Commissioner, Pr.l R. F. ~lPER, Commissioner, Pro 2 ERNEST H. RADTKE, Commissioner, Pr.3 CLARENCE BARTON, Commissioner, Pro 4 WHEREUPON, the following orders were made and entered by said Court, to-wit: I bPROVAL OF MINUTES - - - - - - - - - - - - - - - -,- - - . I ON THIS, the 11th day of March, 1957, at a Regular Term of the Commissioners' Court of Calhoun County, Texas with all members of the Court being present, on motion by Commissioner Clarence Barton, seconded by Commissioner FranR E. ~edig, the Court unanimously approved the minutes of the previous March, 1957 meeting. IlPPROVAL OF DEPUTIES - - - - - - - - - - - - - - - - - - I On motion by Clarence Barton, seconded by R'. F. Kemper, and unanimously ,adopted, the Court approved the following appointments by Sheriff D. B. Halliburton: Imogene (Jean) Paul, Deputy Sheriff, office clerk and radio dispatcher at the rate of $200.00 per month. Leon Harvey, Deputy Sheriff and radio disp~tcher at the rate of $200.00 per month. A. L. Bownds, Deputy Sheriff and jailer at the rate of $80.00 per month. The above appointments will be effective as of March I, 1957. L Harmon B. Burris, regular Deputy Sheriff, at the rate of $300.00 per onth, effective March 16, 1957. 1-- - - - - - - - - - - - - - ~PPROVAL OF DEPOSITORY CONTRACT, SCHOOL FUNDS I ON MOTION by Clarence Barton, seconded by Ernest H. R&dtke, and lunanimouslY adopted, the Depository Contract bid of the First State Bank, for a depository for County School Funds,was approved subject to the :discretion of the County Auditor as to the best and most suitable plan tffered. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~PPROVAL OF PLAT FOR RECORDING . lion motion by Commissioner Ernest H. Radtke, seconded by Commissioner IClarence Barton, and unanimously admpted, the Court approved for recording, the plat of the dam at Point Comfort, Texas, subject to the approval of the approval of the City Council of Point Comfort, Texas. lPPROVAL OF BILLS - - - - - - - - - - - - - - i On motion by Ernest H. Radtke, seconded by Clarence Barton, and ~nanimously carried, February bills Nos. 95 through 236, and March bills Nos. ~ through 62, as presented by County Auditor James F~ HOUlihan, were approved !for payment. . I I . ~~.-- .... ..,j "'418 ~ ~-~ I TREASURER I S REPORT ApPROVF;IJ' t On this, the 11th,day of Marc~, 1957, ~~_a,R~g~~~r_~~~~ of_phe.Co~~~~on~r~' Court of Calhoun County, with all members present, after examination of the v various exhibits and balances, the February Treasurer's Report, by Miss Mary Stephens, was approved unanimously on motion by Frank E. Wedig, seconded by R. F. Kemper. - - - - - - - - - - - - - - TRANSFER OF Fu~S t , ON MOTION by Commissioner C1arenqe Barton, secended by Commissione.r-Ernest H. Radtke, and unanimously adopted, the Court ordered that the sum of $26,500.00 be transferred from the Permenant Improvement 'Fund to the Courthouse & Agriculture Building & Grounds Available Fund. ,. - -.- -:- - - ACCEPT DEED TO FAIR GROUND TRACT . , On this the 12th day of March, 1957, at a Regular Term of the Commissioners' Court of Calhoun County~,with all members of the Court present, the Court - ordered the deed to the Willie Piekert-Jl.47-acres-Fair Ground-Tract-accepted,' and ordered the Treasurer to issue the warrant'for a total sum of $33,043.50, payable to 'Mr. a,nd Mrs. Willie Piekert, to be paid out of the Courthouse and _'" Agriculture Building & Grounds Available Fund. MOTION: Frank E., Wedig < , . SECOND: Clarence Barton QUESTION: ' VOTE: UNANIMOUS - - - - - - - - - - - - - - - - - - - - - - COUNTY SURVEYOR . . On motion by Frank Wedig, seconded by Ernest E. Radtke, and unanimously aaopted, the Court ordered that Mr. Charles Hodges be paid for the survey, field notes, plats! contours and area maps on the Wi1li~ Piekert 31.47 A. tract, the sum of ~522.00, to be paid out of the Courthouse, & Agriculture' Building & G~ounds Available Fund. - - - - - - - - - - - - - TAX COLLECTOR'S REPORT . . On motion by Clarence Bartun, seconded by R. F. Kemper, and unanimously adopted, the Court approved the Tax Qo11ector's Report as brought by ~~s. Katie Guidry, for January, ' - - - - - - - -t- - SUPPLEMENTAL DELINQUINT TAX RECORD On motion by Clarence Barton, seconded by Ernest E. Radtke, and unanimously adopted, the Court approved the contract_Q~pw.ElEl~. t~El,9her.iff.__" Tax Assessor. Collector and C. R. Law, for compiling a Supplemental Delinquint Tax Record. t' t - - - - - - - - - - - - - APPROVAL OF BOND SCHEDULE On motion by Clarence Barton, seconded by ,Ernest E'. ,Radtke" and unanimously adopted, the Bond Sale Schedule, as presented by Gibson. Spence and Gibson of Austin, was approved. ''__' - - - - - - - - - - - - - - , , t ~ _--J-d/ -p~ - . if <,'>' I ~ . . 00'" ~ , Co..t eo N . I, I . I < '. I , ' . ~ -- -.- I ---;;"",t " '.".. . ~ ~ '. .. , , .:..;], . " 'II' If CONTFACT FOR COMPILING A DELIN~UENT TAX RECORD Suppilel1l8n1: FOR Oalhoun COUNTY, TEXAS I STATE OF TEXAS Calhoun COUNTY OF } KNOW ALL MEN BY THESE PRESENTS: I WHEREAS, Senate Bill No. 231, Acts of the Fifty-Fourth Legislature, Regu- lar Session, 1955, requires that the Assessor-Collector of Taxes shall cause to be compiled a delinquent tax record; and, WHEREAS, Senate Bill No. 231 further requires that the Assess~r-Collector of Taxes shall cause to be prepared a two year supplement, or a recompilation, when as ,many as two years taxes' have become delinquent which are not shown on the delinquent tax record of his county; and, WHEREAS, the Assessor-Collector of Taxes' for Calhoun County, Texas deems it necessary and expedient to contract ~ith a comt>etent person, or persons, to compile said delinquent tax record & \aPple_II under his super- vision; and. WHEREAS, C. R. Law, doing business under the firm name of C. R. Law Tax Records, with his principal office in Austin, Travis County, Texas', is engaged in and now does such work and'represents that he is fUlly equipped, competent, and capable of performing the above desired work and is willing and ready to perform said work in accordance with the provisions of law, rulings of the Comptroller of Public Accounts, Austin, Texas and suggestions of the AssesS'or- Collector of Taxes for Calhoun County, Texas; and, WHEREAS, after having made careful investigation of C. R. Law, and after having cons'idered the same, the Assessor-Collector of Taxes for O"lI<tQUQ County, Texas desires to enter into contract with the said C. R. Law for compil- ing a delinquent tax record aU'Pl>lement for the years 1954 to 1Q'56 , both inclusive: ' I , NOW THEREFORE, this contract made and entered into by and between DUJ'hni..n B. B'al11bur1;on , As'sessor-Collector of Taxes for Calhoun County; Texas hereinafter called "Collector" and C. R. Law of Austin, TraviS' County, Texas hereinafter called "Contractor". WITNESSETH: -1- Collector agrees to employ and does hereby employ Contractor to compile a delinquent tax recgrd supplement for Calhoun County, Texas for the years 1954to 195Cl , both inclus'ive, showing all the unredeemed, uncancelled delinquent taxes remaining_charged on the official delinquent tax records and delinquent lists of Calhoun County, Texas for said years. -2- The general arrangement and set up of the record shall be made as re- quired by law, rulings of the Comptroller of Public Accounts, Austin, Texas and suggestions of Collector. The record shall be written on the paper and form pre- scribed by the Comptroller of Public Accounts. The record shall be bound as directed by Collector. The expense for binding the two copies of the record to be delivered to CAlhoun County shall be paid by C..1h<>'I12 County in addition to the compensation paid to Contractor for compiling the record. -3- y Contractor shall compare the credits shown on the copy of the delinquent tax records and delinquent lists of ~lhoun County on file in the office of the Comptroller of Public Accounts, Austin, Texas with the credits shown on the original copy of said records in the office of Collector. Contractor shall report all errors in credits to Collector. Contractor shall also report any errors in description, double assessments or other discrepancies discovered dur- ing the compilation of the record to Collector. -4- Collector agrees and binds himself to give to Contractor full and complete cooperation during the progress of the work contemplated herein and to make avail-, able to Contractor such data and information ooncerning the records' of his office as may be found necessary, and to allow Contractor full and free access to the records of the tax office. I I -5- Collector agrees to furnish Contractor satis'factory space for the perform- ance of that portion of the work contemplated under this contract which must be performed in the offioe of Collector. _A " .... , \ if! ff f; " I!- .... I.. "~, . ~"., I -: -6-- '_ . "f" -.~" ,_.....-'. '. ~. '... I. . \_, ,-.J. 1.,\. " 'This contract .shall; apply to ,'\nd <'bincC'Coil~c,~ol"and this successors' in of- fice and shall apply to and bind dontractor-; his"heirs, 'executors, administra- tors; and legai representatives.' ,) -7-. ) .'\.. ,~l Collector agrees and binds himself and his sudcessors in offi'ce to,give expeditious atte~tion to e~aminatio~ and approval of the record and to pay to Contractor upon' completion; deJ.:ivery and 'approval' of,Jithedel,inquenttax, record ...aupp1~mA...t::' herein' provid'ed' ,for 'andl approval' of: the 'acc'ount for, comp1J.:ing' . the record the total sum due for said record; to-wit": "Ten!Cents($.10)"per,,:,,' ;> item, or, writ te!1,l,~ne.i illqlud,~tlg:.line,~ of, fOo}ing~~,an~.re<Ia.pi ~ul~tio~~Lsho"n on the origin.alcopy" of, t~e ,r!'l9o!,d;'a(~,S~1.d payment to ,.bE! !pMe~"F~ :the mann,eX;"and as is proviqed ,by Senate ,J3_H],: Np, (~3f_, Acts of the FHtyX'F,ourt~Legislature ~ ~~gu~u lar Ses'sion, 1955. ' "c , ,,- ),' -8- '.I' ',~l..~ .<~ I' rl '. .~ . .... ::.:: . -' '1, _. .. J.-.. ':, Contractor agrees',a;td yt\,i!'nds himself that f'6r.'a:n~"in consiaerat'i'on' of: the price"st'ated' herein to 'do', at his own' 'p'roper'cost:iand--expense, 'all ,the work :nec"- ess'ary;, to furnish',all 'the 'supplies, materials and equipment required to" compile the pelin,q';l~nt tl:iX ,reco:r~ ~ for aa1ho~ County, Texa,~ for the ye!\rs..-195.4j "to, 19$6 '; both-inclusiVe. ',' ',"', .f:'~J~}...:r0~ !i\:{:"', ,1.S',;.~'.J.l . ""';'. . '.' .'i .~.' . .(1.. . ..... , ',';f~~f~ft~STj;!l, :;9'~~,WH.,'.,.E~OFi;. this;~ontrabU ,f;>;'ex~cuted in :quadrupl:icate originals, thisc:,the'~'.'''~'',':'':a,l!I'Y'''Of',.::7J1/1J'~~.'' -";;.;A.,n.,cl95 ,.i" et. ""lllli}tE,:<,~::" '" "1 T~::~~.~_ '..'.. ..... c~2r;~ (COLLECTQR'iS,,;SEAL)-: ,;-- r '; " >;Y;~fi:!~jgt;1W";~b:~ ,i". C . < - '- ~ .' 'i',::;;:t .'_ ",.., . '.' . T'he for,egcO(ngcontract 'byahd; ,between l)uf'h.......iI; Ba111bVt'Qii . '-;Assessor- COl,lect,or of TafCes"for' ,;;: ClilhoUii' , County; Texas and C. R. Law of Austin;'1 Travis' County,' Texas for' compiling a delinq~ tax re,cord: iW9lemeJit : ' in all th:ng.s app""d this t/~.f tI. 7>J "J;,:<~;:' ,,; ,~~"IC' · L n/fl~, 'tt- ~ ,', '____a,::.v~ -County Judge,Calh9~'; CouritY';'-'Texas. {:.".1 '1'","'! :'f"."'~~'.' . "J -.;" ',,_n -)':- ~';,_' -"''..)Jpi1.i.._''~)''} . TO". 'I' " . ~ IJif: :,."} SI-J G .. ~ :v; ~ 'J ;..~,. .,t/._' ,'1"',_ ;-'."j '.-, . f I ,f,', ~ j""';:.Ji :: '.. ~ ~ ~'. . " ... .~ - . -1[', ~ .::.~ -t .' '''';:1 '-r ..l' ~. ., . f.-'-:.. .},<, ",.'.": ~ ...J.~f . -': 'i. ''''-', ..... II..., '-. ': . , ";'j :,:~?&t~;~'>~I~~;~W\s ' ~ '.,.. - ~.~.I;~,~<,:-:;:....,...";t'"1lt,}! ' "j~~(,~'i~,~3J~M~;~~i;:~:~!t~:J:;~w" :' ' ; , (SEA,WQ:f::;~~,~;pf\~1.1],~~->'J!:': ' ,J Y,' ' ~"-"~"'~1";11~J'.,;~' ^r\"l'-l""i~~' -'~,:("~l.t'1 '.. -,' ,:;;t ~..~,;,;~,.)~~~,-;.'\ .r;.r;~:.~~.~:-;' . ......1. -", f( ':". "" ,....' "',:.'(.. '.t-'. 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SP ECIAL APRIL TERM HELD APRIL 2, 1957 I THE STATE OF TEXAS , I COUNTY OF CALHOUN I BE IT REMEMBERED, that on this the 2nd day of April, 1957, there was begun and holden at the Courthouse in the City of Port Lavaea, said County and State, a Special Term of The Commissioners Court within and for said County and State, same being the First Special April Term, 1957, and there were present on this date the following officers of the Court, to-wit: I HOWARD G. HARTZOG, FRANK E. WEDIG, R. F. KEMPER, ERNEST H. RADTKE, CLARENCE BARTON, MAURICE G. WOOD, County Judge Commissioner Prct. 1 Commissioner Prct. 2 Commissioner Prct. 3 Commissioner Pret. 4 County Clerk whereupon, the following orders were made and entered by said Court, to-wit: - - - - - - - - - - - - - - - - - - - - . RECEIVE BOND BIDS After hearing, tabulating and examining the various bids for the Bonds for the Courthouse and Jail, and Agricultural Building and Grounds, the Court, on a motion made by Commissioner Clarence Barton and seconded by Commissioner Ernest Radtke, voted unanimously to accept the bid of First National Bank In Dallas, and Associates; with the Order of ~ssuance to follow. The following bids were submitted: CALH0UN COUNTY, TEXAS PERMANENT IMPROVEMENT BONDS BID TABULATION I APRIL 2, 1957 BIDDER Total Less Cash Net Int. Avg. Int. Interest Premium Cost Rate Cost 1. Rowles, Winston & Co. 420618.50 766.99 4i9851.51 3.63287 2. Underwood,Nuehaus & Co. 427778.75 611.00 427167.75 3.69618 3. Ditmar & Co., Inc. 417492.50 873.70 416618.80 3.6049 4. First National Bank In Dallas, and Associates 412202.50 27.50 412175.00 3.56645 . 5. Rauscher-Peerce 427697.00 40.00 427657.00 3.622 - - - - ------ - - - - ------ OFFER-RIGHT"OF~'WAY -FM 1090 I ON MOTION MADE by Commissioner Clarence Barton, seconded by Commissioner Frank Wedig, and unanimously adopted, the Court offered $250.00 per acre for right-or-way easement for FM 1090. The Court further authorized Commissioner R. F. Kamper to contact and ne~otiate with the property owners involved on the 0.8 mile on Six Mile Road. I ELECTION CANVASS ORDER On this the 3rd day of April,1957, with all ,members being present, the Commissioners Court of Calhoun County met and canvassed the returns from the election for United States Senator(Unexpired Term}. After canvassing all election returns, as provided by law, on motion by Commissioner Ernest Radtke, seconded by Commissioner Frank Wedig, and unanimously adopted, the Court 6rdered~that the returns of said election be declared correct, and that the tabulated returns be entered in the Permanent Election Records of Calhoun County. IT IS SO ORDERED. ---~------------....- . ll.. ... ~:f{.i8 0 ~ ~ ~ ~- . I I . I . . , I I . . ~ ..... r ~ . BID'ON TEST HOLES-COURT HOUSE I ON MOTION DULY MADE, seconded, and unanimously'adopted. the Court approved the following bid of McClelland Engineers of Houston: I 1. 2. 3. 4. Transportation 2 Test holes @30'ea. @$4.50/1in.ft. Engineering, testing and soil analysis Swelling test $120.00 270.00 354.00 40.00 ~784.00 TOTAL I The above price to include a report to Rustay and Martin. Architects. as follows: 1. Log of the test holes. 2. Determination whether spot footings may be used or whether it will be necessary to use piling under the proposed 3-storey building. If spot footings are used, the recommended depth to which they should be drilled and soil bearing capacity at that depth in pounds per sq. ft. 3. Swelling test taken from the top l~' of soil. - - - - - - - - - - - - - - - - - - . MINUTES AND ADJOURNMENT ON THIS. the S.1i day of ~~ 1957. at a'Regular Term of the Commissioners' Court of Calhoun County, Texas, with all members of the Court being present. on motion duly made. secnded and unanimously adopted, the Minutes of the previous meeting of ~~~, 1957, were read and approved. ~,(~~ I ~~TEST: 'h d~ p~~ - - -- - - - - - - - ------------ REGULAR TERM HELD APRIL 8. 1957 . TEE STATE OF TEXAS 0 I COUNTY OF CALHOUN I BE IT REMEMBERED. that on this the 8th day of April, 1957. there was begun and holden at the Courthouse in the City of Port Lavaea, said County and State" a Regular Term of the Commissioners' Court, within and for said County and State. same being the Regular April Term, 1957, and there were present on these dates the following officers of the Court. to-wit: I HOWARD G. HARTZOG, County Judge MAURICE G. WOOD. County Clerk FRKNK E. WEDIG, Commissioner. Pro 1 R. F. KEMPER, Commissioner. Pro 2 ERNEST H. RADTKE. Commissioner, Pro 3 CLARENCE BARTON. Commissioner. Pro 4 WHEREUPON. the following orders were made and entered by said Court,to-wit: --- ------------- ------- APPROVAL OF MINUTES I On motion by Commissioner Clarence Barton, seconded by Commissioner R. F. Kemper, and unanimously adopted, the Minutes of the previous meeting were ordered approved. ----------- ------ . ""'Il 419 - - ...- ----- '- ~ ~420 - 0-0-' ~ ~ ttI ~:J -.-- . ORDER AUTHORIZING THE ISSUANCE OF BONDS THE STATE OF TEXAS 0 D COUNTY OF CALHOUN t , On this the 8th day of April,1957, the: Commissi.onei5s C.ourt ,of Calhoun County, Texas, convened in regular'session at a Regular Term thereof at ~he~ regular meeting place in the'Courthouse at fort Lavaca, Texas, with all members of the Court present, to-wit: , HOWARD G. HARTZOG, County Judge, F. E.'. WEDIG, Commissioner Precinct No.1, " R. F. KEMPER, Commissioner,Precinct No.2, ERNEST RADTKE, Commissioner Pre~inct No.3, CLARENCE BARTON, Commissioner Precinct No.4" MAURICE G. WOOD, County Clerk; when, among other proceedings had, the following order was passed: WHEREAS, on the 22na day of November, 1956, the Commissioners Court o~ Calhoun County, Texas, by an order duly and legally passed, ordered that an election be held throughout said County, on the 15th day of December, 1956, for the purpose of determin~ng whether the Pommissioners Court of said County shall be authorized to issue the bonds of said County in the sum of, $800,000,00, for the purpose of erecting a county courthouse and jail in and for said County, and whether the Commissioners Court of said County shall be authorized to issue the bonds of said County in the sum of $200,000.00, for the purpose of -'" , purchasing, building and constructing buildihgs and other permanent improve- ments, including sites therefor, to be used for apnual e~hibits of horti- , cultural and agricultural ppoducts, and/or livestock and mineral products of said County, sai~ bonds to bear interest. at a ~ate not to exceed four (4~) per cent per annum, payable at such times as may be fixed by the Commissioners Court, serially or otherwise, not to exceed twenty (20) years, from their date, and whether said Court shall be authorized to levy a tax sufficient 'top~y the interest on said bonds and provide a sinking fund sufficient to redeem them at matutityj 'arid --"---'.''-,,. - ' \lJHEREAS, notice of said election was given by publication in THE ' CALHOUN COUNTY TIMES, a newspaper of general circulation publis~ed:_~~,Q~~~~q~"., County, Texas, and which notice was published in said new8pape~ on'the same day in each of two successive weeks, the- date ,of- r-irst- publica.tion, bei-m:g- not - " less than four.teen (14) full days prior to the date of the election, and in addition thereto, notice thereof was posted at the County, Courthouse door' and in each election ,pr:ecinc~ at. _~e.e,~t .rourte_~~ J14J fuJ,l~Af\ysp'~!or _t_o _l!he ,_ ,_, _ date of said election; and I I . , I WHEREAS, said -electioI! was duly ,~nd legally _~El.IA ,~n t.~e s,aiA ,15th_Aay, _ . of December, 1956" and the result of said election was d~ly certified and returned to this vourt by the judges and clerks thereof; and WHEREAS, on the 17th day. of December, 1956, the Commissioners Court considered the several returns and canvassed the same and found that there were cast at said election 401 valid and legal votes FOR. THE ISSUANCE OF THE BONDS AND THE LEVYING OF THE TAX ~N PAYMENT THEREOF, AS SUBMITTED IN PROPOSITION NO. I, and 46 valid and legal votes AGAIN$T THE IS SUANCE OF THE BONDS AND THE LEVYING OF THE TAX IN PAYMENT THEREOF, AS sgBMITTED IN PROPOSITION NO.1; 328 valid and legal votes FOR -THE IS~U/\NlJE THE BONDS AND, THE LEVYING OF THE TAX IN PAYMENT THEREOF, AS SUBMITTED IN PROPOSITION.NO. 2, and 102 valid and 13 gal votes AGAINST THE ISSUANCE OF THE BONDS AND THE LEVYING OF. THE TAX IN PAYMENT THEREOF, AS SUBMITTED IN PROPOSITION NO.2; and this Court thereupon, by oraer dUly entered, dec~ared that both propositions for the issuance ofe said bonds were sustained'and adopted by a.maj?rity of the resident qualified property taxpaying voters, who owned taxabJ.e property, in, said County and who had duly rendered the same for taxation, voting at said election; and . WHEREAS, this Court has examined into and investigated the regularity of ;!;he proceedings for said election and finds that, the ,same was duly-and legally heldj that the notice required by law to be gi~en has been duly and legally given; and that said election was conducted in strict conformity with all the requirements of law; and WHEREAS, this Court now deems it advisable and to the best interest of said County to issue said bonds as one issue of Permanent Improvement Bonds in the aggregate amount of $1,000,000,.00; THEREFORE, BE IT ORDERED, ADJUDGED AND D:ECREED BY, THE CONMISSIONERS- COURT OF CALHOUN COUNTY, TEXAS: I I - -' -",'-- . l ~ r-- 421 "'ll --- --," . I. I That the bonds of said County, to be known as "CALHOUN COUNTY PERMANENT IMPROVEMENT BONDS, SERIES 195711, be issued on the faith and credit of Calhoun County, Texas, under and by virtue of the Constitution and Laws of the State of Jexas, including particularly Chapter 2, Title 22, Revised Statutes, 1925, and amendments thereto, and Article 2372d-2, Vernon's Civil Statutes, 1925, as amended. II. I That said'bonds shall be numbered consecutively from 1 to 1000, inclusive; shall be of the denomination of One Thousand ($1,000.00) Dollars each, aggregating One Mill1on($l,OOO,OOO.OO) Dollars. III. . That Bonds Numbers 1 to 800, inclusive, aggregating $800,000.00, are issued for the purpose of erecting a county courthouse and jail in and for said County, and Bonds Numbers 801 to 1000, inclusive, ,aggregating $200,000.00, are issued for the purpose of purchasing"building and constructing buildings and other permanent improvements, including sites therefor, to be used for annual exhibits of horticultural and agricultural products and/or livestock and mineral products of said County. I IV. That said bonds shall be dated April 15, 1957, and shall become due and payable serially as follows: BOND NUMBERS MATURITY DATES AMOUNTS (INCLUSIVE) 1-33 January 15,1958 $33,000 34-68 January 15,1959 35,000 69-104 January 15,1960 36,000 105-1~2 January 15,1961 38,000 1~3-1 1 January 15,1962 39,000 1 2-222 January 15,1963 41,000 223-26~ 'J a;tuary 15,1964 42,000 265-30 January 15,1965 ~,OOO 309-354 January 15,1966 4 ,000 355-402 J a;tuary 15,1967 48,000 403-452 January 15,1968 50,000 453-50~ January 15,1969 52,000 505-55 January 15,1970 5~,OOO 559-614 January 15,1971 5 ,000 615-672 January 15,1972 58,000 673-732 January 15,1973 60,000 733-795 January 15,1974 63,000 796-860 January 15,1975 65,000 861-928 January 15,1976 68,000 I 929-1000 January 15,1977 72,000 . I The County of Calhoun reserves the rig~t:to redeem Bonds Nos. 403 to 1000, inclusive, at any time on or after April 15, 1967, by paying principal and accrued interest thereon, and in case said bonds, or any of them, are called for p~yment before maturity, notice thereof in writing shall be given by the County Treasurer of Calhoun County, Texas, to the State Treasurer, Austin, Texas, at least thirty (30) days prior to the date fixed for redemption; and the County Treasurer shall also cause such notice to be pUblished in a financial journal published in the State of Texas one time at least thirty days prior to the date fixed for redemption, and should any of the bonds so called for redemption not be. presented for redemption, the same shall cease to bear interest from and after the date so fixed for redemption. I . llo... ...,j r'"'422 oo~ ~ ~ tt:I t'o-:J . V. That sdd bonds shall bear interest from date"untn paid as follows: ' Bonds Nos. 1 to 354. inclusive, at the rate of, four (4%) per cent per annum, Bonds Nos. 355 to 402, inclusive, at the rate of ~hX'ee andorie-fourth (3-1/4%) per cent per annum, and Bonds Nos. 403 to 1000:, inclusive,"e:t the rate of three and one-half (J-l/2 %) per' cent per'anrium,interest payable . January 15, 1958, and semi-annually thereafter :on July 15th and January 15th in each year; and principal and interest shall be payable upon presentation and surrender of bonds or proper coupons in lawful money of the United States of America at the Office of the State Treasurer, Austin, Texas, without exchange or collection charges to the owner or holder. I VI. < I That the form of each of said bonds shall be substantially as follows: NO._ $1,000 , UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF CALHOUN ' CALHOUN COUNTY PERMANENT IMPROVEMENT BOND SERIES 1957 KNOW ALL MEN BY THESE PRESENTS: That the County of Calhoun, in the State of Texas, FOR VALUE RECEIVED, acknowledges itself indebted to and hereby promises to pay to bearer . ONE THOUSAND DOLLARS ($1,000.00), in lawful money of the UnitedStatesrof America, on the 15th day of January, 19 ,with interest thereon from date hereof at the rate of 1--.%) per cent"per annum" payable January: ,15.th, 1958, and semi-annually thereafter on July 15th and January 15th in each year, on presentation and surrender of the annexed interest coupons as they severally mature. Both principal and interest of this bond arechereby made payable at the Office of the State Treasurer, Austin, Texas"without exchange or' collection charges to the owner or holder, and for the pro~pt payment of this bond and the interest thereon at mat,urity, the full faith; credit ,and resources of Calhoun County, Texas, are 'hereby irrevocably' pledged. I . , This bond is one of a series of 1000 bonds, numbered consecutively from 1 to 1000, inclusive, of the denomination of-One Thousand' ($1,000.00) Dollars each, aggregating One Million ($1,000.000.00) Dollars; ,of which series Bonds Numbers 1 to 800. inClusive, aggregating $800,000.00, are issued for the purpose of erecting a county courthouse and jail in and for said County, under and in strict 'conformity with the Constitution and Laws of the State of Texas, including Chapter.2, Title 22,'Revised Statutes, 1925, and amendments thereto. and Bonds,Numbers 801 to 1000, inclusive, aggregating $200,000.00,are issued for the purpose,of purchasing, building and constructing buildings and other permanent improvements, including sites therefor. to be used for annual exhibits of horticultural and agricultural prdJducts aiidf,or~.llvesto<:k and mineral products of said County, under and in strict conformity with the Constitution and Laws of the State of Texas, including Article 2372d-2, Vernon's Oivil Statutes, 1925, as amended. and pursuant to an order'passed by the Commissioners Court of Calhoun County, Texas, which order is of record in the Minutes of said Court. . The date of this bond, in conformity with the order above referred to, is April 15. 1957. . . ~..~,-' The County of Calhoun reserves the right to redeem this bond at any time on or after April 15, 1967, by paying principal and accrued interest thereon, and in case the same is called for redemption before maturity, notice thereof in writing shall be given by the County Treasurer of Calhoun County, Texas, to the State Treasurer, Austin, Texas, at least thirty (30) days prior to the date fixed for redemption, and said County Treasurer shall ,.also. cause such notice to be pUblished in a financial journal pUblished in the State of Texas one time at least thirty (30) days prior to the date fixed for redemption, and should this bond not be presented for redemption, the 'same shall cease to bear interest from and after the date so fixed for redemption. (NOTE TO PRINTER: The foregoing paragraph applies only to Bonds Nos. 403 to 1000, inClusive). I I .... . L ....J r ~ 423 .- . I IT IS HEREBY CERTIFIED AND RECITED that the issuance of this bond, and the series of which it is a part, is duly authorized by law and by a majority of the qualified resident property taxpaying voters of the County of Calhoun, Texas, voting at an election duly held for that purpose within said County of the 15th day of December, 1956; that all acts, conditions and things required to be done precedent to and in the issuance lof this series of bonds, and of this bond, have been properly done and 'performed and have happened in due time, form and manner as required by law; that a direct annual tax has been levied upon all taxable property in said County sufficient to pay the interest on this bond and the principal thereof at maturity; and that the total indebtedness of said County, including this bond, does not exceed any constitutional or s~atutory limitation. I IN TESTIMONY WHEREOF, the Commissioners Court of Calhoun County, Texas, has caused the seal of said Court to be affixed hereto, and this bond and its appurtenant coupons to be executed with the imprinted facsimile signatures of the County Judge and County Clerk, and to . evidence the registration of this bond by the County Treasurer the facsimile signature of the County Treasurer has been imprinted hereon, in accordance with the provisions of Article 717j, Vernon's Civil Statutes of Texas, 1925, as amended. . County Judge, Calhoun Cpunty, Texas. County C~rk, Calhoun County, Texas REGISTERED: County Treasurer, Calhoun vounty, Texas VII. I The form of interest coupon attached to said bonds shall be substantially as follows: NO. $ ON THE 15TH DAY OF . , 19____, The County of Calhoun, in the State of Texas, hereby promises to pay to bearer '(unless 'the bond to which this coupon is attached ~s then callable for redemption and has been so called and provision ~or the redemption thereof duly made), in lawful money of the United ~tates of America, at the Office of the state Treasurer, Austin, fexas, without exchange or collection charges to the owner or holder the sum of DOLLARS ($ ), said sum being months' interest due that day pn CALHOUN COUNTY PERMANENT IMPROVEMENT BOND, SERIES 1957, dated April 15, 1957, NO.___. I County vlerk County Judge I ~ . ~ ~ Jl""'424 QD ~ ~ 1:0 ... . VIII. That substantially the following certificate shall be printed on the back of each bond: OFFICE OF COMPTROLLER I I STATE OF TEXAS I ~ ~- I I HEREBY CERTIFY that there is on file an~ of recend in my office a certificate of the Attorney General of the State of Texas, to the effect that this bond has been examined by him as required by law, and that he finds that it has been'issued in conformity wi-th'the Constitution and Laws of the State of Texas, and that it is a valid and binding obligation upon said Calhoun dounty, and said bond has this day been registered by me. , .. . I " W.ITNESS MY HAND AND seal,of office, at Austin, Texas, this . Comptroller of Public Accounts of the state of Texas IX. . That said bonds and interest ,,<<oupons appurtenant thereto shall ,be executed by the imprint,ed,f,acs,imile:signatures ,ot:,the, ~c.ounty, Judge and County Clerk of Calhoun County, with the seal of the Commissioners Court at:fixed, and execution in such manner shall have the same eft:ect as it: such bonds and coupons had been signed by the County Jugge and County Clerk in person by their manual ,s,ignatur,es; that. .each .of ,said bonds shall be registered by the County Treasurer, and to evidence such registration, the facsimile signature of the County Treasurer shall be imprinted on each of said bonds and shall have the same eft:ect as if such bonds had been signed in person and by the manual signatrue of the County Treasurer. Inasmuch as such bonds are required to be registered by t he Comptroller of Public Accounts of the State of Texas, only'his signatrue, or that of a deputy designated in writing to act for the Comptroller, shall be ' required to be manually subscribed to such bonds in connection with his registration certit:icate to appear thereon as above provided, all in accordance with the provisions of Ar,ticle, 7l7j, Vernon's Civil statutes of Texas, 1925, as amended. I x. It is t:urther ordered that while said bends, or any of them are outstanding and unpaid, there shall be annually levied, assessed and collected in due time, form and manner a tax upon all the taxable property in said Calhoun County, out of the ,Constitutional Permanent Improvement Tax, sufficient to pay the current interest on said bonds and create a sinking t:und sut:ficient to pay each installment of the principal as the same becomes due, and there is hereby levied for the year 1957, out of the Constitutional Permanent Improvement Tax a tax sufficient for said purpose, and the same shall be assessed and collec'ted and applied"to, the" , , , purpose named; and while said bonds, or any of them, are outstanding and uppaid. a tax..for each year at a rate from year to year,' as will. be ample and sufficient to prOVide funds to pay the current interest on said bonds and to prOVide the necessary sinking fund, full allowance being made for . delinquencies and costs ot: collection, or to prOVide at least two (2%) per cent ot: the principal as a sinking fund, whichever amount is' greater, . shall be, and is hereby levied t:or each ye,ar .,. respectiv:ely" while said . _ , . , ____ _ _ , . , ._ ' . . _ , _ .__ bonds, or any of them are outstanding and unpaid. and said tax shall each year be assessed and collected and applied to the payment of the interest on and prinCipal of said bonds. . I Xl. It is also ordered that the County Judge ot: Calhoun Coun~y be. and he is hereby authorized to take and have charge of all necessary records pending investigation by the Attorney General and shall take and have charge and control ot: the bonds herein authorized pending their approval by the Attorney General and registration by the Comptroller of Public Accounts. When said bonds have been registered by the Comptroller. the ComptrOller is hereby authorized and instructed to deliver said bonds to The American National Bank, Austin, Texas, where they will be taken up and paid t:or by , the purchasers. I / . l .... r- 425 ~ . XII. I That the bid of FIRST NATIONAL BANK IN DALLAS, AND ASSOCIATES, on the bonds herein authorized at a price of par and accrued interest to date of delivery, plus a premium of $27.50, being the highest and best bid sub- mitted for said bonds, be, and the same is hereby accepted, and the County Judge, County Clerk and County Treasurer are hereby authorized, directed and instructed to do all things necessary to deliver said bonds to said purchasers at said price hereinabove mentioned. I The above order being read, it was moved and seconded that same do pass. Thereupon, the question being called for, the following members of the Court voted AYE: F. E. Wedi~ , R. F. Kemper , Ernest Radtke , Clarence Barton; and the following voted NO: NONE, ' sj Howard G. Hartzog vounty Judge SjFrank E. Wedig Commissioner ~recinct No.1 sj Ernest H. Radtke Commissioner Precinct No. 3 . sj R. F. Kemper Commissioner Precinct No.2 Sj Clarence Barton Commissioner ~recinct No. 4 SEAL ------------- I TREASURER'S REPORT APPROVED FOR MARCH 1957 On this the 8th day of April, 1957, at a Regular Ter,m of the Commissioners Court of Calhoun County, Texas, with all members of the vourt being present, Miss Mary Stephens, County Treasurer, presented her report for the month of IMarch, 1957, and it having been read in open court and the Court having duly considered the same together with the exhibits accompanying same, and having balances compared in the various accounts and finding said report to be correct, on motion duly made, seconded and unanimously carried, the County Treasurer's Report for the Month of March, 1957, be and the same is hereby approved. It is so ordered. .APPROVAL OF. BILLS-MARCH 63 THBOUGH 259 On motion by Commissioner Radtke, seconded by Commissioner Kemper and unanimously carried, bills nos. 63 through 259, as presented by County Auditor James Houlihan, were ordered approved for payment. - - - - - - - - - - - - - - RECORDER TAPE FOR DISTRICT ATTORNEY . On motion by Mr. Clarence Barton, seconded by Mr. R. F. Kemper, and unanimously carried, the Court approved the purchase of 12 reels of recording tape for the sum of $49.50, for the use of the District Attorney;in Grand Jury Hearings. . APPROVAL OF DEPUTY I On motion by Commissioner Kemper, seconded by Commissioner Barton and unanimously adopted, the Court approved the appointment, by Sheriff D. B. Halliburton, of Mr. O. W. Yeats as part time Deputy at the rate of $50.00 per mOnth, effective April 8, 1957 - - - - - - - - - - - - - - !APPROVAL OF DEPUTY I On motion by Commissioner Barton, second by Commissioner Kemper and unanimously carried, the Court approved the appointment of Mrs. Melba Waters as Deputy in the County Clerk's Office. . -~ ~ lIo.. I I I I I ,I '-- - __ _____4. __ ~ THE STATE OF TEXAS COUNTY OF CALHOUN I We, the undersigned, do hereby certify that the county courthouse and jail to be constructed with a part of the proceeds of the $1,000,000.00 CALHOUN COUNTY PERMANENT IMPROVEMENT BONDS, SERIES 1957, dated April 15, 1957, is to be one building. WITNESS OUR HANDS and the seal of the Commissioners Court, this the " ~. :.\ c"" ..,(1.1:/'.... -':..... ': . . , .,'. '\ ' ' v lJ ,y r<> .fg:.:,;~Di;@:~~~;, . ,{.,'3EA.L;) 'r'" ''_',,',,,,,. ""I .,: t~}J~8BJ.,~!;fl?t . _ . .... .)."' ......... r') \' ; . '~', {' ':' ('l. ,) \ \ ., ' , "'. - ",::r . 1 \\ \\ .,' . -' , . .:.~~/..::.:.:<../~ '! tJ i";::::: '. '. . g day of April, 1957. ~.:tSFt " ~~~~ ~ , . L r 7i.td" ~ l.....~ -. ...-- - .-'. -. -=- --, '~ STATEMENT OF INDEBTEDNESS I THE STATE OF TEXAS COUNTY OF CALHOUN 'I I, the under;signed authority, County Treasurer of Calhoun County, .Texas, do iherebycertify ,that the following is a true and, correct statem~ntof,all outstanding indebtedness of said ',.I. ,(,., ._ .. County, as of the date il:as,tbe1ow shown: , r., - I. BONDED INDEBTEDNESS: I ..;, 'r' -':t Issued 'under :Section 52, Article 3, ot the Texas constl'tut10n:' , purpose 'Date Int. Rate Due -' Amount Outst . N:0~NE ........'.. " , I Hospital 8-[5-1947 2!% $ 1,000 8/15-1957-58 $ 12,000 ' 1960-61 $ 26,000 , Hospital 4-1-1953 ~- $16,000 4-1-1958 2~ 15,000 1959/61 $ 61,000 Issued under Section 9, Article 8, of the Texas Con- :atitution,andpayablefrom Permanent Improvement Tax: Issued under Section 9, Article 8, Texas Constitution and payable from General Fund Tax: Fire Equip. 7-15-19~5 2 % $16,000 7-15-1957/58 3,000 1959 $ 35,000 II.' WARRANT INDEBTEDNH'~: Payable from Road & Bridge Tax: R-O-W $15,000 $25.000 1/15-1958 2 % 1959/61 $ I R-()-W ' - - $25,000 $20.000 1/15-1962 1/15-1963 2 % $ I - -~--- ---., , ......,-- - -- -~..-----'-'-""-_.'----'--- ---_.~ j I, I / I I I -.. ~~o(l ==-- ~, -- -----' III. PROPOSED BONDS: Issued under Section 9, Article 8, Texas Constitu- tion - payable from Pe~nt Improvement Tax: Purpose Date Int. Rate Due Amount Outstdg. Permanent Improvement 4-15-1957 4% $33,000 -1-15-1958 .35,000 1959 36,000 1960 38,000 1961 39,000 ~962 41,000 1963 42,000 1964 44,000 1965 46,000 1966 48,000 1967 50,000 1968 52,000 1969 54,000 1970 56,000 1971 58,000 1972 60,000 1973 63,000 1974 65,000 1975 68,000 1976 72,000 1977 $1,000,000 ~~ WITNESS MY OFFICIAL SIGNATURE, this the J1 day of April, 1957. C~EA~OUIr.I'Y' TEXAS. r'. ~02...1 D '---. -~..-. ... ~~ -. ~-..---- - --.- ~ .T _ ~_m'-- '_"_' --'-----r-J ~ - I .. ~ ,"". ,. ., . '.'STAT1:!:MENT 'OF 'TA~LE VALUES , ' COUNTY OF CALHOUN I ,I THE STATE OF.TEXAS . , { I, .tJ:leundersigned "authority, Tax Assessor-Collector ;f'or . - ~' :' ,. " - - - I.., (. _ calhounCQunty~Te~l:I;'\~' HEREBY CERTIFY that the assessed value of'~roperty~~\s~idicounty for the year 1956, as shown i ' " :,' - by the tax rolls .of.~ald eounty for said year, the same being _,...... /i , . , , , ~ the 1ast"aIlproved~a.x~rollS of Ga1houn County, Texas, is $41,105,746.00. WITNESS MY HANb' . ana flea1 of office, this the t d day , , of t April ., , 1957. '. I!dI.a /.., ~) TAX"! - LLECTOH, ~H~Ul'l ,T~S. COUNTY, I , \ ,~I';:~~2i~~~~i~!.,'. . ...1,~!c ~t.~:t::'!~{~~iti. r ~. ~ ",;.,)). . ".,_,/,' ;. \.',. ......' ;;;;:Y~;~h:1!~~::iU;f" I. ~- "'- ' 1 I L. I, .J ~ -.. ,.........;. ~,;t;)t: -... --- - - -- - ---'-- - - '0 - ~ .. I CERTIFICATE OF THE COUNTY CLERK I . THE STATE OF TEXAS COUNTY OF CALHOUN I I I, the undersigned, Clerk of the County Court and Ex-OfficiO Clerk of the Commissioners Court of said County, do hereby cer- tify that the above and foregoing copies of - (1) Order of the Commissioners Court calling the bond election, and minutes pertaining to its adoption; (2) Notice of election; (3) Affidavit of posting notice of election; (4) Affidavit of publication of notice of election; (5) Election returns; (6) Order canvassing returns and declaring result of election, and minutes pertaining to its adoption; (7) Order of the Commissioners Court authorizing the issuance of the bonds, and minutes pertaining to its adoption; are true and correct copies of the originals now on file and recorded in my office in the Courthouse in Port Lavaca, Texas. I FURTHER CERTIFY that the order of the Commissioners I 1- Court calling the election is of record in Book J et seq., Minutes of the Commissioners Court. I FaRTHER CERTIFY that the election returns are of record in Book J , Page 395 , et seq., and that the order of the Court canvassing the returns and declaring the result of' the election appears of record in Book J , Page ~~3 ' et seq., of the Minutes of the Commissioners Court. , Page 389 I FURTHER CERTIFY that the order of the Commissioners Court authorizing the issuance of the bonds was passed at a ,I I _ " ... Jl'" .If,;}.) r Regular Term of said Court, all members being present, and appears of record in Book J , Page 428 the Minutes' of the Commissioners Court. , et seq., of WITNESS MY HAND 'and' 'the seal of the Commissioners Court, this the 8th' day 'of April, 1957. . .":'.~:I:: ~ (!,,~;.,.~~. ,', .\. \ ' " "'." ". r /';};:i~\-(ll~~O'<: .' tSEA[.' /, '\',/ " - .,,' '. '. "~:":' )" K OF THE COMMISS!IONERS COURT, CALHOUN COUNTY, TEXAS. -"' _e?'~ ,. -,' L I 'I I I '"e-7 I ..,-....} I r~ I -.:0,.::.... ,-~ r-426 ~ 00 ~ ~ ttJ ~J --- . INDIGENT CARE THE STATE OF TEXAS 0 I COUNTY OF CALHOUN I " '" ". IN THE COMMISSIONERS' COURT ON THIS, the 8~h day'of April, 1957, at a Regular Term of the Commissioners Court of Calhoun County, with all members of the court being present, after reviewing the charity cases for which the County is responsible, and'determining the need for continued assistance, the Court authorizedctthe County Auditor to pay for rest home care and drugs for the fOllowing persons: . " , TWIN PINES REST HOME I Frank Williams --., "Mattie"Fossett' , ,'. '--Florence-Dorries -,' , O. W. Blakely Carolyn Belle McFarland DIDIER REST HOME I Jack Coffman MEDICINE: Juan Estrada Commissioner Barton moved to 'adopt ,the'-above -o"rder',Commissioner 'Kemper- , seconded the motion and it was unanlmously adopted. . 51 Maurice G. Wood County (;lerk '.-- - -. - , '51 'Howard -G.-Hartzog . County Judge . . ------ - -~--------- . --------:------- COUNTY DEPOSITORY DESIGNATED THE STATE OF TEXAS I I - COUNTY OF CALHOUN I' IN THE t COMMISSIONERS COURT t On this, the 8th day of Apr~l, 1957, at a Regular Term of the Commissioners Court of Calhoun County, Texas,' with all members of the qourt'being present, the Firs~State Bank of Port Lavaca, Texas, was designated as the County Depository for the Count! Funds.' , t I MOTION: Clarence Barton SECOND: !,l._ F.. !,(emper, QUESTION: VOTE: AYES: All NOES: None sl Howard G. Hartzog County Judge , sl Frank E. Wedig COlT'.mlssioner Pro 1 SI R. F. Kemper'---- --, d. (;ommissioner Pro 2 , . sl Ernest H. Radtke Commissioner Pro 3 sl Clarence'Barton Commissioner Yr. 4 - - - - - - - - - - DIVISION OF ROAD & BRIDGE REVENUE , On motion by Commissioner Clarence Barton, seconded by'Commissioner Ernest Radtke and unanimously carried, the Court authorized the distribution' of $120,000.00 Road & Briage Revenue among the four Precincts as follows: . Precinct No. 1. 29J" Precinct No.' 2. 23%,' Precinct No. 3'- 15%, and Precinct No.4. 33%. IT IS SO ORDERED. 1, I ---""~- I /' .- . .. ...,.j r- 461/9 ""'Ill ~8 _n.' _ . SPECIAL APRIL TERM HELD APRIL 15, 1957 I I THE STATE OF TEXAS 0 I CO~TY OF CALHOUN I BE IT REMEMBERED, that on this the 15th day of April, 1957, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, a Specioa Term of the Commissioners' Court within and for said County and State, same being the First Special April Term, 1957, and there were present on this date the following officers of the Court, to-wit: HOWARD G. HARTZOG, County Judge FRANK E. WEDIG, Commissioner, PI'. 1 R'. 'F. '-'KEMPER '. :~, Commissioner, PI'. 2 ERNEST H. RADTKE, Commissioner. Pro 3 CLARENCE BARTON; Commissioner, Pro 4 MAURICE G. WOOD, County Clerk, ',. whereupon, the following orders were made and entered by said Court, to-wit: ----------- ------ . FAIR GROUND COMMITTEE After hearing a report and lracomfuendations.}from ,:the ',Flair Ground Committee, brought by Mr. W. R. Zwerschke, Commissioner Barton made a motion that the Court take the recommendations under consideration; Commissioner R. F. Kemper seconded the motion, and it was unanimously adopted. - - - - - - - - - - - - - - - - - TEMPORARY JANITOR I On motion by Mr. Clarence Barton, seconded by Mr. R. F. Kemper and unanimously adopted, the Court ordered that Lupe Zamoa is to receive temporary pay of $35.00 every two weeks, effective April 1,1957, as temporary Janitor, to be paid on the first and fifteenth of the month. --- -----.------- CANVASS OF TRUSTEE ELECTION After canvassing the returns of the County School Trustee E~ction, held April 6,1957. as provided by law, the Court, on motion by Mr. Ernest H. Radtke, seconded by Mr. R. F. Kemper and unanimously adopted, ordered that the returns be decal red correct and; Tha~ they be entered in the Permanent Election Records of Calhoun County. MAJORITY VOTES: . Trustee at Large: Trustee. Prct~ 2: Trustee,Prct. 4: Alton White . 275 Fred Marek 16 T. A. McDonald 103 ---------------- SCHOOL DEPOSITORY CONTRACT On motion by Mr. Clarence Barton, seconded by Mr. Frank E. Wedig and unanimously adopted, the Court authorized the County Judge to sign Form C, County School Depository Contract Under Federal Deposit Insurance Corporation. I - - - - - - - - - - - - - - APPROVAL OF BILLS On motion by Mr. Ernest Radtke, seconded by Mr. Clarence Barton and unanimously carried, bills Nos. 1 through 175 for April, as presented by County Auditor James F. HOUlihan, were ordered approved. - - - - - - - - - - - - - - - - I MINUTES AND ADJ OURNMENT . ON THIS, the 15th day of April,1957, at a Special Term of the Commissioners' Court of Calhoun County, Texas, on motion duly ma~e, seconded and unanimously adopted, the Minutes of the preVious meeting of April 8, 1957, were read and approved. . t~ 4 ~7r County Ju'te A;-TEST' . .~ ~~ ~~lerk ... r" 428 ~l ~ ttJ ~J" . , HELD APRIL 23, 1957 SPECIAL APRIL TERM THE STATE OF TEXAS D I COUNTY OF CALHOUN I I BE IT REMEMBERED, that on this the 23rd day of April, 1957, there was begun and holden at the Courthouse, in the City of Port Lavaca, said C'ounty' and State, a Special Term o~ the Commissioners' Court within and for said County and State, same, being' the, Secon~ Special April Term, 1957, and there were present on this date the following officers of the Court, to-wit: , HOWARD G. HARTZOG, County Judge FRANK E. WEDIG, Commissioner, Pro 1 R. F. KE}~ER, . Commissioner, Pro 2 ERNEST H. RADTKE~ Commissioner, Pro ;3 CLARENCE BARTON, < Comrnis'sioner, Pr,. 4 MAURICE G. WOOD. . Coun~y-Clerk , I , < Whereupon, the following_ord~rs were made and entered by said Court, to-wit: - - - - - - - - - - HOSPITAL PLANNING BOARD REQUEST On motion by Mr. Clarence Barton, seconded by Mr~ Ernest Radtke and unanimously adopted, the Court authorized the Hospital'Planning-Boara to hire a consulting engineer, at ~he appro~imate sum of $lpOO~OO,. to make a study and report of hospital needs for f,ut~r~ pls.ns., _, _ ,', __ . 1 .1 - - - - - - - - - - - - - - - - - - - BOARD OF EQUALIZATION HEARING ,On a motion by Mr. Frank E. WedIg,' seconded by Mr. Ernest unanimously carried, the Court approved the-'settiiig" or' Friday, the begirining of the Board. of EQl.lal1ze.tion 1957 hearlngs'~ .. Radtke and May 31 for - - - - - - - - - - - - - - - - - . - - - - - - -. - ,- I APPROVAL OF ORDER AMENDMENT On motion by Mr. Clarence Barton, seconded by Mr. R. F~Kemper and '. unanimously adopted. the Court ordered that the'bill of Temple Lumber Co., 1'or $8.00 for 1/2 square of slllngles, additional'to .'the coht"ra:ct~ be ..'~ approved and that the original~order 1'or this contract be amended in this amount. ' .. '" ' . ---------------- -- BUDGET AMENDMENT On motion by Mr. Clarence Barton, seconded by Mr. R. F. Kemper and unanimously adopted. the Court authorized the amendment of the budget for . repairs and replacem~nts in the Permanent Improvement Fund, in an amount . sufficient to meet existing bills plus $1$00.00, said amount to be oeducteo from the $20,000.00 appropriation in the P~ !.~F~n~ for ~oyi~g,apd~prepa~ation of temporary quarters for County Offices. . AUTHORIZE PAYMENT On motion by Mr. Clarence Barton, secnded byI~. R. F. Kemper and unanimouslyadoptea, the Court authorizedMr~ ~~e~ f. H9u~ipa~~C9~ty . Auditor, to pay'$1149.75 of bills for material and labor on the Sheriff's Office BUilding, Jail and the Thompson building, said bills having been, contracted in excess of the origina~ budget prior to the amendment stated above. I -------- - - - _. - - MINUTES AND ADJOURNMENT .~ ON THIS, the 23rd day or April, 1957,-at'a Special Term-of the - Commissioners' Court of Calhoun County, Texas, on motion duly made, seconded and unanimously adopted, the Minutes of the previous meeting of',,----- April 15,1957, were read and approved. . I . . ~ .. """Ill .29 . SPECIAL MAY TERM HELD MAY 7, 1957 I I THE STATE OF TEXAS 0 I COUNTY OF CALHOUN I BE IT REMEMBERED, that on this the 7th day of May, 1957, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, a Special Term of the Commissioners' Court within and for said County and State, same being the First Special ~~y Term, 1957, and there were present on this date the following officers of the Court, to-wit: HOWARD G. HARTZOG, FRANK E. WEDIG, R. F. KEMPER, ERNEST H. RADTKE, CLARENCE BARTON, MAURICE G. WOOD, County Judge Commissioner, Pro 1 Commissioner, Pro 2 Commissioner, Pro 3 Commissioner, Pro 4 County Clerk whereupon, the following orders were made and entered by said Court, to-wit: - - - - - - - - - - -------- . COURTHOUSE PLOT PLAN On motion by Commissioner Ernest Radtke, seconded by Commissioner Clarence Barton, and unanimously adopted, the Court acepted Scheme #3 (dated 4/22157) of plot plan showing location of Courthouse building, and arrangement of parking facilities on the block encompassing the building. - - - - - - - - - - - - - - - - MATAGORDA ISLAND PLAT I On motion by Mr. Frank Wedig, seconded by Mr. Clarence Barton and unanimously adopted, the Court ordered that Segments A, Band C, plat of real estate, Matagorda Island Bombing and Gunnery Range, be filed of record in Volume Z,Page 114, Calhoun County Plat Records. - - - - - - - - - - - - - - - - - - NOTICE TO BIDDERS On motion by Commissioner Clarence Barton, seconded by Commissioner Frank E. Wedig, and unanimously adopted, the Court authorized the pUblication of the following notice to bidders to provide and to erect two metal buildings as temporary ~arters for County Offices: NOTICE TO BIDDERS I Sealed bids, plainly marked to indicate contents, will be received by the County Auditor of Calhoun County, Texas, at his office in the County Courthouse in Port Lavaca, Texas, or at P. O. Box 627, until 10:00 A.M. May 27, 1957, at which time they will be opened and publicly read at a term of the Commissioners Court called for this purpose, said bids being to provide and to erect two metal clad buildings, size 32' x 60' at the sites designated in Block 38, South Ann Street, Port Lavaca, Texas, subject to the following stipulations: 1). Bidder will furnish all materials and labor necessary for a complete building, including foundation, but will not include any plumbing, electrical or mechanical fixtures or equipment nor any interior finish or partition work. 2). Bidder will remove all grass, shrubs, etc., to a minimum depth of 4 inches prior to placing sand fill. . 3). 4) . Floor level shall be a minimum of 12 inches above finished grade. Foundation and floor slab shall be reinforced 2500 lb. concrete sufficient to withstand a live floor load of 125 lbs. 5). Buildings shall be guaranteed (a), to ~thstand a wind force of 125 m.p.h. and (b), to be watertight for a period of two years. I 6). Roof will include plastic skylights covering approximately 10% of roof area. 7). Bidder will furnish following doors: 1 pair of doors for 5' x 7' opening, one 3' x 7' door. . .... ..,.j .30 8). Bidder will furnish with his bid a plan of the proposed bui~dings, including a detailed sketch of the foundation, showing construction, size of structural members,,- gauge-of, covering,metal,-type- of-doors, __, type of plastic skylight and other pertinent details. Said bid- wil,l- be-accompanied by a- cashierJ,s- check-in-an- amount equal,. to 5% of the amount bid, said check to be retnrned upon the selection and qualification of the successful bidder. 9) . 10). The successful bidder shall furnish at his own expense a bond for 100% of the cost of the buildings, said bond to remain in force for a;period of 1 year after 'completion and acceptance of buildings~ t - . _ The successful bidder will be required to carry, through local agents, (a) Workmen's Compensatl'on and Contractors General and Contractors Protectrve Liability Insurance for bodily 'injury (limits $100,0001300,000) and for peoperty damage (limits $50,0001 100,000), and (b) Owner's ,Protective Liability Insurance for the 'same amounts. t - . ll) . t'': 12). The Commissioners Court reserves~he right to waive formalities, the right to accept any bid'or bids ~dee~edmost 'advantageous to the (;:,:,;:: ;';y nJ::'~'Colmtyj:!,!hd ther'r!ght toyrej'ectIahydor all bids. ' " By order cit tne CoIimrl.ssi~n~r~, ~o~r~ M_a~ 7" y~??._ Attest: James F. Houlihan County Auditor Calhoun County, Texas , M8.lrice G. Wood County Clerk Calhoun County, Texas' , , --------- MINUTES AND ADJOURNMENT ON THIS, the 7th day of May, 1957, ~t a~Special'Term'of the Commissioners' Court of Calhoun County, Texas, on motion duly made, seconded and u~animously adopted, the I1inutes of the previous meeting-of April 23, 1957, were-read and approved. 'v lerk < c' , , , ta... , ~ 00 ~ ~ ttI N . I I , . I ....'" . I , . I . ...,.j r I 431"'ll . REGULAR MAY TERM HELD MAY 13, 1957 I THE STATE OF TEXAS I I COUNTY OF CALHOUN I BE IT REMEMBERED, that on this, the 13th day of May, 1957, there was b$gun and holden, at the regular meeting place at the Courthouse in the City of Port Lavaca, said County and State,a Regular Term of the Commissioners' Cour.t within and for said County and State, same being the Regular May Term, 1957, ana there were present on these dates the following members of the i Court, to:-wit: I HOWARD G. HARTZOG, FRANK E. WEDIG, R. F. KEMPER, ERNEST H. RADTKE, CLARENCE BARTON, MAURICE G. WOOD, County JUdge Commissioner, Pro 1 Commissioner, Pro 2 Commissioner, Pro 3 Commissioner, Pro 4 County, Qlerk, WHEREUPON, the following orders were made and entered by said Court, to-wit: -------------------- . TREASURERIS REPORT FOR APRIL ON THIS, the 13th day of May, 1957, at a Regular Term of the Commissioners' Court of Calhoun County, Texas, with all members of the Court being present, Miss Mary Stephens, County Treasurer, presented her report for the month of April and it having been read in open court and the Court having duly consider- ed the same and having examined the various exhibits and balances and finding said report to be correct, on motion duly made, seconded and unanimously carried, the Treasurer's Report for the month of May was ordered approved. CHANGE DATE ON NOTICE TO BIDDERS I On motion by Commissioner Ernest R~dtke, seconded by Commissioner Clarence Barton and unanimously adopted~ the Court ordered that the Notice To Bidders of May 7th, be changed to read May 31,l957 instead of May 27,1957. BOARD OF EQUALIZATION ON THIS, the 13th day of May, 1957, at a Regular Term of the Commissioners' Court of Calhoun County, Texas, with all members of the Court being present, the Oaths of Office of the Board of Equalization were administered and properly reconrde in the Minutes of the Board of Equaliaztion, Vol. 3, 1957 Minutes. ------------------- . AUTHORIZE PUBLICATION-NOTICE -BOARD OF EQJALIZATION ON THIS, the 13th day of May, 1957, at a Regular Term of the Commissioners' Court of Calhoun County, Texas, with all members of the Court being present, the Board of Equalization of Calhoun County, Texas, after having taken the prescribed Oath of Office, oDmotion by.Mr. Clarence Barton, seconded by Mr. Frank Wedig and unanimously adopted, the Court authorized Mr. Maurice G. Wood, County Clerk of Calhoun County, to publish notice of the Board of Equalization Meeting. . ----- --------------- I RECESS BOARD OF EQUALIZATION ON MOTION by Mr. Clarence Barton, seconded by Mr. Frank Wedig and unanimously adopted, the Board of Equalization was ordered recessed until May 20, 1957. ------------------- I . lrro... ...oil r- 432 - SCHOOL LAND DEEDS ON THIS, thelJ'th daYof'Miy,-'195'(,- at e:lfe-gu'lar 'Termor"thEl 'commfs'ilone'r's', -- '----- Court of Calhoun County, Texas"with all members of the Court being present, on motion by Commissioner Clarence Barton"__se,c.op.A,e,d,,by (;.o~s,sJ._o,J;l,er H., .!':.._~e.rop,ep_..__, _ , ' and unanimously aaop't'ed'," -tne"Cour't' 'o'rdElred that, subject to check and approval , by the County Surveyor that ,the requested Deeds of Confirmation as to Montague County School Land be ordered approved and executed. - - - - - - - - - - -"- - - - - - - - - - - - - - - JURY ACCOMODATIONS < . , On motion by Commissioner Frank Wedig, seconded. by'Commrs~l'oner , Clarence Barton and,unanimously carried, it was ordered that the necessary requisition be issued to provide accomodations for the Criminal Jury..in order that they be held together at any available hotel or motel upon the request of the District Judge, Howard p. Green. ' t" - - - - - - - - - - - - - - - - - - - - - - - -..- APPROVAL OF BILLS , . ' On motion be Mr. Clarence Barton, seconded by Mr. R.,F. Kemper and unanimously adopted, April bills nos. 176~tnrough 322 and,May bills nos. 1 through 114, as presented by Mr. James F. Houlihan, County Auditor were ordered approved. . -, ' - - - - - - - - _._-- ------------------ -"- -- TAXES COLLECTED IN ERROR It having been brought to the attention of"the Commissioners' Court that a number of persons have paid taxes on property at Bayside Beach for the years 1939 to 1956, although this property was condemned by the County for , road purposes in, Case No. 375, November 20th, 1939, and said property should have been omitted from the tax rolls after 1939. A sumarry of tax data has been prepared by the office of the County Tax Assessor-Collector as.follows: TAXES PAID BY INDIVIDUALS IN -1939 AND SUBSEQUENT-YEARS,- WHOSE PROPERTY WAS CONTAINED IN CONDEMNATION SUIT #375 DATED NOV. 20~ 1939. THIS PROPERTY SHOULD HAVE BEEN OMITED FROM.JAX J\.OJ.LS , AFTER YEAR 1939. ASSESSED AGAINST LOT BLOCK YEARS ON TAX ROLLS , .. .. , " Ernestine Waits 6-7 17 1939-1945 . T. P. Reynolds 15-16 145 1939-1948 Ida E. Paullin , 1-2 194 . 1939-1955 J. E. Halbert . (6-7 1 ,1939-1946) , (8-Pt9)176 1939-1956)- Toney Oscar Spackey 9-10- I' 11-12 ) 18 1939-1945-- M. Eleanor Moore ,. 8-9 17 1939-45 . G. W. Parkinson 13 157 1939-1956 Mrs. T. J .Richmond . 192 1939-1945 9-10 -/' .. '-.- 4~'04 -- , 2.78 , , . 8.27 --- - '. , 2.78 , I . Mrs. Esther D. Ft. 1l~_10 - , - .. - - - .. - .. .. -- .. - - - Calloway Webb 153 1939-1946 5.26 . . _._---- - . -- - -- -- - -- - --, J.W.&: Callie Denson 12 13 1939-1945 1.39 . H. R. Turner 2 191 1939-1955 5.11 , .. . , , John Wilkins 8 156 1939-1955 15.73 Geo. p. Edge . - .. .. .. - - .. - -.37 .. 'J imEdge .. .. P. J. Merritt (J 176 1939-1941 (8 25 1939-41 .87 W. F. Levins 19-20-21-22 13 1939-1945 1.74 Mr.& Mrs. W.M.Parrish 7-8 138 1939-1945 3.30 . ~ I l '''''''Ill 00 ~ ~ t:l:5 N . I I , . I . , I I . ~ ""'III 433 . , I M. Eleanor Moore 10 17 1939-1945 $ 1.42 Mrs. Lucy A. Belt 4-5 176 1939-1955 ll.81 Miss Gusley Hartfield 2- Pt.3 123 1939-1955 5.83 C.J. Gingles 7 14 1939-1945 1.48 M. L. & C. V. Brookes 9 13 1939-1946 1.48 TOTAL $92.64 I The above figures were obtained from the Tax Rolls in the office of D. B. Halliburton, Tax Collector, and submitted to Commissioners Court for consideration. D. B, Halliburton Tax Assessor-Collector SI By Katie Guidry, .1)eputy,. . \ WHEREUPON, it was moved by Commissioner Barton, seconded by Commissioner Kemper and unanimously carried that the County Tax Assessor-Collector make every effort to locate these taxpayers and that when they have been located the County Clerk be authorized to issue a county warrant on the General Fund refunding these county taxes paid in error and that the County Tax Assessor be instructed to drop this property from the county tax rolls if he has not already done so. INVEST BOND SALE PROCEEDS I ON THIS, the 14th day of May, 1957, at a Regular Term of the COmmissioners' Court of Calhoun County" with all members being present, on motion by Commissioner Barton, seconded by Commissioner Kemper and unanimously carried, the Court ordered that the County Auditor be authorized to invest the monies received from the sale of the Calhoun County Permanent Improvement Bonds. ---------- --------- COUNTY LEASE-PRECINCT NO.3 . WHEREAS, Ernest H. Radtke, Commissioner of Precinct No.3, having been previously authorized to secure more footage on the Richter Swenson tract for the purpose of placing his new warehouse adjacent to the existent ware- hous~, has moved the buildings on a tract 100 feet wide facing State Highway No. 172 and running back 312.8 feet and covering the original 75' x 150' tract leased; THEREFORE, on behalf of the Commissioners' Court of Calhoun County, the County Judge of Calhoun County is authorized to execute the joint lease agreement with Richter Swenson on said enlarged tract for a ten year period, with an annual rental of $100.00 per year, for which payment is hereby authorized. MOTION: Erhest H. Radtke QUESTION: VOTE: AYES: All SECOND: Frank Kemper NOES: None I It is so ordered. -------------------- I . ll.... .... ~434 oo""lll ~ c... t;O ~J -' . THE STATE OF TEXAS 0 o COUNTY OF CALHOUN 0 IN THE COMMISSIONERS COURT VIRGINIA STREET. EXTENSION, I On this, the 14th day of May 1957,' on motion by CO~issioner Frank Wedig, seconded by Commissioner Clarence BaFy~~ and unanimously~adopted, it was ordered that .' . " , Whereas,' the Minutes of the Commissioners Court of Calhoun County, Texas, Vol. J., P. 12, discloses: , ,I "EXCHANGE OF RIGHT OF WAY ON EXTENSION OF VIRGINIA STREET On this the 22nd day of June, A.D. 1954, at a Special Term of the Commissioners' Court of Calhoun County, Tax-as; 'W'Hli--aTl--niembers of the Court being present, on'motion made by Frank Wedig, seconded by Fr~nkKemperthe County Judge was instructed, to execute an exchange, '. deed to Sammy Collins in consideration of new right of way across Collins tract, granting to Collins the old right-of-way crossing his property line on the, extension of Virginia Street. It is so ordered." . Whereas, it was clearly the intention of the Commissioners Court ~~__, ",.", secure from Sammy Collins only an easement for a Right of Way in exchange fnr the deed of Easement of Calhoun County conveying its interest and easement in the old Right of Way along Virginia Street destroyed by erosion, and there was no intention or need on the part of' Calhoun County to acquire a fee simple, title including oil, gas or minerals, and' , Whereas, and identical order, and . ' , the present members of the Commissioners Court are the same, ,. officers constituting the Court on the day of the original I Whereas, the Right of Way Easement_of exchange as executed ~y Mr. Collins,: was in the form of a deed and because of a typographical error, in the writing of the word "encompassed" for "easement", said deed might be construed to. , indicate ownership by Calhoun County of_a mineral interest, under such Right of Wa~.'_._, .. ,~"'.....,.,...~~..... t - , ~ . . Therefore, in correction thereof, in order tha.t the:proper interpretation of such instrument be made of pUblic record it is hereby ordered that the deed to Calhoun County from Sammy Collins dated the 6th day of October 1953, as recorded in Vol. 88, P. p8 of the Deed Records of Calhoun County was. accepted as constituting a Right of Way Easement. and not a fee simple deed and that Calhoun County did not pay for and the same was not. intended to grant any right, title or interest in the oil, gas or minerals under such easement, and the wording "Right of Way encompassed upon" should have read "Hight, of. Way easement upon". '. . , It is further ordered that a copy of these minutes signed by the County Judge and attested by the County Clerk be made available to Mr. Sammy Collins, his heirs or assigns. .~. sl If .' - - - war . ~Har zog, oun y., e of Calhoun County, Texas 1 .' h- Maurice Calhoun ------ ---------- I ':-- . . .. l ..... ,.. 435 "'ll . SPECIAL MAY TERM HELD MAY 24, 1957 I, I, THE STATE OF TEXAS 0 o COUNTY OF CALHOUN ~ BE IT REMEMBERED, that on this the 24th day of May, 1957, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, a Special Term of the Commissioners' Court within and for said County and State, same being the Second Special May Term, 1957, and there were present on this date the following officers of the Court, to-wit: HOWARD G. HARTZOG, FRANK E. WEDIG, R. F. KEMPER, ERNEST H. RADTKE, CLARENCE BARTON, MAURICE G. WOOD, County Judge, Commissioner, Pro 1, Commissioner, Pr. 2, Commissioner, Pro 3, Commissioner, Pro 4, County Clerk, Whereupon, the following orders were made and entered by said Court, to-wit: . CIVILIAN DEFENSE AND DISASTER RELIEF WHEREAS, the following authorization was received: I WESTERN UNION AUSTIN TEX MAY 18 1:15 PMC HON HOWARD GHARTZOG JUDGE CALHOUN COUNTY PORT LAVACA TEX I AM HAPPY TO ADVISE THAT TEE FCDA HAS ASSURED 'ME THAT $6)6.00 TO POINT COMFORT AND $1,325.00 TO PORT O'CONNOR AND $1,830.00 TO PORT LAVACA, AND $1,325.00 TO SEADRIFT, WILL BE MADE AVAILABLE FOR USE BY YOUR HEALTH DEPAR~illNT IN PREVENTING EPIDEMIC DISEASES DUE TO FLIES, RODENTS, AND MOSQUITOES IN TEE WAKE OF TEE FLOOD. TEE US PUBLIC HEALTH SERVICE HAS BEEN RE~ESTED TO PROVIDE TECHNICAL ASSISTANCE AND CERTAIN EQUIPMENT THIS PROJECT WAS APPROVED IN ADVANCE BECAUSE OF THE EMERGENCY NATURE. OUR STATE TEAM WILL VISIT YOU SOON TO PREPARE APPLICATIONS FOR OTHER PROJECTS BASED ON SURVEY RESULTS. THE STATE HEALTH DEPARTMENT HAS BEEN ASKED TO . 1 CO}WWNICATE WITH YOUR DR. J W TOMME, DR W G SM~TH, DR C R MESSER ABOUT PURCHASE OF SUPPLIES AND LABOR LOCALLY AND TO KEEP RECEIPTS LOOKING TO REIMBURSEMENT FROM THE ASSURED FUNDS_ WILLIAM L MCGILL STATE COORDINATOR DEFENSE AND DISASTER RELIEF- I The Commissioners' Court, subject to receiving approval by the governing bodies of the City of Point Comfort, the City of Seadrift and the City of Port Lavaca ordered: - . " ...., .... "'"436 00" ~ ~ C':V ,~1 ,- . That the County act as financial agency to supply the interim financing, audit and disburse funds subject to repa~eht by Civilian Defense and Disaster Relief for mosquito, control in ,such cities,;, and hereby authorizes the County Auditor to approve payments, subject to proper vouchers and allocations to the extent of the estimated costs of $5,116.00. All requisitions to be countersigned and approved by the County Sanitarian. I That the authorized breakdown as to areas to be treated ahdprotected under the program is as follows: MEMORANDUM I TO: REGIONAL DIRECTOR, FCDA, REGION V ATTENTION: MISS MATTIE TREADWELL FROM: ROBERT L. WORTHAM SUFJECT: ESTIMATION OF EMERGENCY VECTOR CONTROL NEEDS AND 'DAMAGE TO SEWER WYWTEM FOR THE CITY OF PORT LAVACA, TEXAS, POPULATION. 10,000 Excessive rainfalls and floods in recent weeks caused parts of the City of Port Lavaca; and its surrounding area to be-inuridated:~A'survey was made on May 11, 1957, to determine the extent of damgge to the water and sewerage system and the need for vector control. This survey was-for,the purpose of determining the City's eligibility for Federal assistance under Public Law 875. .. The inspection team for the City proper consisted of Mr,. Bill Sprott, Port Lavaca City Engineer, Mr. Clayton Toalson, City-County Sanitarian Mr. R. C. Haun, FCDA, Mr. T. Rogers, Texas State Health Department, and Robert L. Worthman, USPHS. The survey of the surrounding area of the City was made by the use of a 4-place Navion Airplane piloted by Mr. Pat Callaway. Hr. Haun and Mr. Sprott did not go on this inspection. . The results of the survey relating to water and sewerage indicated some damage and overtime work for City employees. The damage involved a09:oft. piece of 8" V. C. sewer pipe located in the extreme south side of town and a lift station pump located on the east side of town. Both locations were in residential sections. " " " . I .' , . . '- .. ." , . .. " . . The 9 ft. section of I" pipe was a stub-out 'for future extension. This stub-out was broken off the main trunk and the result caused sewage : to overflow the area. The pump for the east lift station was taxed to the point of . failure because of excessive water in that area. The City temporarily replaced the pump with a gasoline driven one and later installed their stand-by pump. The damaged unit was sent out for a complete overhaul. Most of the water had receeded when the inspection was made but there are still several small impoundments surrounding the City. It is estimated that these impoundments cover approximately 3,000 acres. The water is filled with vegetation and contains mosquitoe larvae in large numbers. There are lar,ge increasing numbers of adult mosquitoes present. The City has expended its funds for controling the situation because of the abnormal consitions due to flooded areas and help is needed for it to continue its program of repair and vector control. ,- RECOMMEN DATIONS ,I 1. Reimburse City for the overtime work by their regular employees due to flooded conditions. 2. Provide funds for installation of 9 ft. of 8" v. C. sewer pipe. 3. Provide funds for repair of the damaged lift station PUIllP,.' 4. Immediately begin space spraying program in City and surrounding~a~ea. Use airplane eqUipped to spray for the surrounding--area' cont;i1-hing water impoundments. ._r , . I "" - . . . " " l , . ,~ r 486A . 5. Continue the program, with the exception of the airplane, for a period of two weeks. I SEWER AND OVERTIME LABOR COST ESTIMATE I 9, Ft,.,8" 'y.... C ~ ,p~pe, with PlUg. (i~stalled) .' '. . .' Repair for, one, ,pump (-inc1uding:.transportatlon) ~':.lr<" , 1St) hours,over:t-ime',laboIll'@ $l;.OO/Hr,.],~,J 1,',:'/ :c.licn 0pe~a ti oncof ',velll:cles.1 'and ','Mi:s cellane ous Sub total I VECTOR CONTROL COST ESTIMATE .. CHEMICALS: 150 gallons 25% DDT water emulsifiable @ 1.25/ga1lon 135 gallons 35% DDT water emulsifiable @ 1.60/gallon 68 gallons Velsicol or Soracide Sub total I EQUIPMENT RENTAL: 1 space sprayer @ $25.00/day 1 pickup truck @ $lo.OO/day Sub total I' .' LABOR: 4 spray crewman @ $8.00/day Sub total ,-' "; " MAINTENANCE AND MISC: , ' '. Small tools and misc. Operation of plane Sub total TOTAL VECTOR CONTROL COST . , . , $ 20.00 $325.00 159.00 25'.00 $520.00 $188.00 215.00 17.00 ~420.00 $100.00 hO.OO ilPll.j.O.OO $120.00 :fPUO.OO $ 50.00 1100.00 $ll50.00 $1,830.00 Robert L. Wortman ~ . 'I I . . --- ,. li...' .... r-.. 4-.ab~ oo""llll .J:..,~ ~""'-< ~ t::tJ N . I ." . - -..!.- - - -- I . -------- . . . 1 . . , , . I, , . I', " . 1\ . l .... r- ~ 431 . MEMORANDUM I TO: REGINAL DIRECTOR, FCDA, REGION V ATTENTION: MISS MATTIE TREADWELL FROM: ROBERT L. WORTMAN SUBJECT: ESTIMATION OF DIERGENCY VECTOR CONTROL NEEDS ANDOTHER DISASTER RELIEF FOR THE CITY OF POINT COMFORT, TEXAS. POPULATION 1,500. . Excessive rainfall in recent weeks inundated a portion of the residential area of the City of Point Comfort, Texas and its surrounding area. An inspection was made on May II, 1957 to determine flood damage pertaining to vector control and water and sewage treatment, eligible for flood assistance under Public Law 875. This inspection was made by Mr. Clayton Toalson, City-County Sanitarian, Tom Rogers, Texas State Health Deparxment, and Robert L. Wortman, USPHS. There were no reported damages to water and sewage facilities, therefore the survey was only for vector control. The water in the City proper had already receded. The inspection was made with a 4-place Navion airplane piloted by Pat Callaway. The inspection revealed various small impoundments of water filled with vegetation in the surrounding areas of the City. It is estimated that these impoundments cover approximately 1,000 acres. It was reported that the waters were infested with mosquitoe larvae and there were a large increasing number of adult mosquitoes. The City has expended its funds for controling the situation due to floods and needs help to continue its program for vector control. I RECOMMENDATIONS 1 1. Immediately begin space spraying in City and surrounding area. Use airplane equipped to spray for the surroundihg area containing water impoundments. 2. Continue the program, with the exception of the airplane, for a period of two days. VECTOR CONTROL COST ESTIMATE CHEMICALS: 50 gallons 25% DDT water emul~ifiable @ $1.25Igal10n 45 gallons 35% DDT water emulsifiable @ $1.60/ga1lon 2J gallons Velsicol or Soracide @ $0.251 gallon Sub total $125.00 72.00 6.00 $141.00 EQUIPMENT RENTAL: 1 space sprayer @ $25.00jday 1 piCkup truck @ $lO.OO/day . Sub total $ 50.00 20.00 $ 70.00 LABOR: 4 spray crewman @ $8.00/day Sub total $ 60.00 ~ bO.OO MAINTENANCE AND MISe: Small tools and misc. Operation of plane I, Sub total TOTAL COST $~~.OO ~6~.00 f~90.00 ~661.00 1 , ~ . ~ ~ ,- - "'-438 . -- -- , -- , -- -- .. .. MEMORANDUM TO: REGIONAL DIRECTOR, FCDA, REGION V ATTENTION: MISS MATTIE TREADWELL FROM: ROBERT L. WORTMAN SUBJECT: ESTIMATION OF EMERGENCY VECTOR CONTROL NEEDS AND OTHER DISASTER RELIEF FOR CALHOUN COUNTY, TEXAS. , Excessive rainfall in recent weeks inundated a portion of the resident- ial areas of the community of Port O~'Connor and its surrounding area. This community has a population of 1,600 people. An inspection was,made on May 11,' 1957 to determine flood damage pertaining to vector control and water and sewage treatment, eligi~le for Dederal assistance'under, Public Law 875. ~his inspection was made by Mr. Clayton ~oalson, City-County'Sanitarian, Tom Rogers Texas state Health Department, and Robert L. Wortman,.USPHS. There were no reported damages to water and ~ewage facilities therefore, the survey was only for vector control. The water in the City proper had already receded. The inspection was made with a 4-place Avion ~irplane piloted by Pat Callaway.' . The inspection revealed various small impoundments of water filled with vegetation in the surrounding areas of the community. It is estimated that these impoundments cover approximately 2,000 acres. It was reported that the waters were infested with ~osquitoe larvae and there were a large increasing number of adult mo?4uitoes. The community has expended its funds for controling the situation due to floods and needs help to continue its rpogram for vector co ntrol. RECOMMENDATIONS 1. Immediately begin space spraying program in community and surrounding area. Use airplane equipped to spray for the surrounding 'area ccintaining water impoundments. , . ? Continue the program, with the exception of the airplane, for a period of four days. VECTOR CONTROL COST ESTIMATE CHEMICALS: 100 gallons 25% DDT water emulsifiable @ $1.25Igallon 90 gallons 35% DDT water emulsifiable @ $1.60/gallon 45 gallons Velsicol or Soracide @ $0.?5/gallon . , . Sub total .' , , ' '$125'.00 -- , 144.00 .- __ 11.00 1J;2tsO.00 . $100.00 rftO.OO 1J; 0.00 $120.00 :jjil~O.OO $ 50.00 ; ~5.00 7 5.00 $1,325.00 EQUIP~NT RENTAL: 1 space sprayer @ $25.00jday 1 pickUp truck @ $lO.OO/day . -- -- . Sub total LABOR: 4 spray crewman @ $8.00/day Sub total MAINTENANCE: Small tools and misc. Operation of plane . Sub total TOTAL COST MEMORANDUM TO: REGIONAL DffiECTOR, FCDA,REGION V ATTENTION: MISS MATTIE TREADWELL FROM, ROBERT L. WORTMAN SUBJECT: ESTIMATION OF EMERGENCY VECTOR CONTROL NEEDS, AND OTHER DISASTER RELIEF FOR THE CITY OF SEADRIFT, TEXAS. POPULATION 1,600. -' ~=.~ Excessive rainfall in recent weeks inundated aport~orr of the res?ndential area of the City of Seadrift, Texas and its s~rrounding area. An ~nspection was made on May 11, 1957 to determine fl~od~damage pertaining to vector control and water and sewage treatment. e~igilbe for Federal , assistance under Public Law 875. " I l 00..... ~ ~ ~. . I I . 1 .- -- ;; - ,. ~ . . , .. -' 'I I j " . , j r ..... 439 __O.~ . 1 I:ThiS,inspectioD'was 'made:by' Mr'~~'Clayton Toalson; City-CoUnty Sanitarian, Tom Rogers, . Texas State Health Department, and Robert:L.Wortman, . USPHS. There were no reported damages to water and sewage facilities, therefore, the survey was only for vector control. The water in the City proper had already receded. The inspection was made with a 4-place Navion airplane piloted by Pat Callaway. The inspection revealed various small impoundments of water filled with vegetation in the surrounding areas of the City. It is estimated that these impoundments cover approximately 2,000 acres. It was reported that the waters were infested with mosquitoe larvae and there were a large increasing number of adult mosquitoes. The City has expended its funds for controling the situation. due to floods and needs help to continue its program for vector control. I RECOMMENDATIONS 1. Immediately begin space spraying program in City and surroundihg area. Use airplane equipped to spray for the surrounding area containing water impoundments. . 2. Continue the program, with the exception of the airplane, for a period of four days. VECTOR CONTROL COST ESTIMATES CEEMICALS: 11100 gallons 25% DDT water emulsifiable@$1.25/gallon 90 gallons 35% DDT water emulsifiable @$1.60/gallon 145 gallons Velsicol or Soracide @ 0.25/gallon . Sub total !EQUIPMENT RENTAL: 1 space sprayer @ $25.00/~ay 1 pickup truck @ $lO.oO/day $125.00 144.00 1l .00 lztso.oo Sub total $100.00 ~O.OO ~l 0.00 I LABOR: 4 spray crewman @ $8.00/day Sub total 120.00 1 0.00 MAINTENANCE AND MISC: Small tools and misc. Operation of plane :-- Sub total $ 50.00 135..00 ~7tl5.00 $1,325.00 " TOTAL COST - - - - ---- - - - - - - - - - - - . ~NITED STATES TREASURY BOND ~ It was moved by Commissioner Clarence Barton, seconded by Commissioner rank Wedig that United States Treasury Bond No. 4587H, issued June 15th, 1945, due June 15th, 1962, and redeemable June 15th, 1959, be sold by the ~ug-the-Coast Highway sinking fund to the Flood Control fund for its par 'value of $5,000.00. . " Whereupon, it was moved by Conooissioner Barton, seconded by Commissioner Wedig, that the Hug-the-Coast Sinking fund be closed out by the transfer of the balance from said fund tothe Right-of-Way Available fund where this money will be available for the purchase of right-of-way. I' - - - - - - - - - - - - - - - - 'ADVANCE FROM PERMENANT IMPROVEMENT FUND I It was moved by Commissioner Clarence Barton, seconded by Commissioner ~rank Wedig, that the $50,500.00 advanced from the Permanent Improvement Wund to the Courthouse, Jail and Fair Grounds Available fund for interim ~xpenditures be repaid from the proceeds of the sale of the Public Improvement loonds and that a transfer in the sum of $50,500.00 is hereby authorized. I. - - - - - - - - .- - - - - - MINUTES AND ADJOURNMENT . ON THIS, the 24th day of May, 1957, at a Special Term of the Commissioners' Court of Calhoun County, Texas, on motion duly made, seconded and unanimously adopted, the Minutes of the previous meeting of May 13, 1957, were read and approved. ~ ~, ~ 1'4'- ~~ CO~y~~~, ATTEST: .~ Clerk ll... ..oil r'440 00" :::J ~ eo /"0..) . SPECIAL MAY TERM . .... -..,.,. HELD MAY'3lst, 1957 , , , , , , c I ~ HOWARD G. HARTZOG, FRANK E..WEDIG, R. F. KEMPER, ERNEST H. RADTKE, CLARENCE BARTON, MAURICE.G. WOOD, County Judge, Commissioner, Pr.l, Commissioner, Pro 2, Commissioner, Pro 0, Commissioner, Pro 4, County Clerk, I rhereupon, the fO:I~w:n~ ~r~e:s_w:r: ~a~e_a~d_e~t:r:d_bY said Court, to-wit: bAX VALUATION CONTRACT I STATE OF TEXAS 0 I 0 KNOW ALL MElf BY THESE PRESENTS: COUNTY OF CALHOUN 0 I THAT WHEREAS, the Commissioners~_Courtof Calhoun County; Texas does not have available among the files and records of such Court a list of the record owners of all producing bil and gas properties and undeveloped leases, ~howing the particular interest or interests therein owned, nor a survey of , puch ~bove described properties, nor pipe lines, gas lines, gas lines and pystems, refineries,gasoline plants"tanks and tank farms, tankage, storage pil, carbon black plants, power and.light plants, telephone and telegraph ~ines, supply houses, drilling rigs and derricks, including transportation ~acilities, railroads, etc., as of January 1st of each year, nor do they have ~he necessary scientific knowledge, or" technical skill to compile such lists and surveys; and . I WHEREAS, the Commissioners' Court of Calhoun County, sitting as a Board------',,-' pf Equalization, has heretofore, had ,referred to them for equalization certain (enditions and assessments which ~equired such ,information in determining roper valuations to be fixed for tax purposes upon the properties described n~such renditions and assessments, and the Commissioners' Cou~t, sitting as : Board of Equalization, will in the future have referred, to them for equal- ziltion, renditions and assessments which 'will- require- such information i'n -- :qualizing and determining the proper valuations to be fixed on such properties, or tax purposes; and I WHEREAS, the Commiss~oners' Court of calhou~~ounty, Texas has determined he necessity for the compilation of recprds and infromation above enumerated" " nd has contemplated the employment of skilled experts in the matter of apprais- fls and valuations of oil and gas properties, etc., in said County andthe ~ompilation of records showing the record ~ner of all oil and gas producing properties in said County for the convenience and information of the Board of Equalization of said County in equalizing the valuations in said ,County for " assessment purposes; and _ _, ' I WHEREAS, it has been' ascertained and determined ,that'KING-LATHAM-STUTLS & ompany of Dallas, Texas are skilled in such matters and have scientific and "echnical kaowledge and many years of experience.in the matt_~~.of ,~RRI'aisals, , and vaIDations of such properties for tax assessments, and it is the purpose " ~f the Commissioners' Court of Calhoun County, T~xas to employ the services- of ~he said King-Latham-Stults & Company of Dallas, Dallas County, Texas, Party f the Second Part, as follows: '" , . . . , I . I , , , I . l .... r- 441 ~ . 1. I PARTY OF THE SECOND PART agrees to compile a list of the reO@rd owners of all producing oil and gas properties wherever situated or located in: said Calhoun County, Texas, and undeveloped leases adjacent thereto, as of January 1st of the year 1958, said compilation and record to show the particular interest or interests therein owned. Party of the Second Part also obligate Ithemselves to make a survey of all pipe lines, refineries, gasoline plants, tank farms, tankage, storage oil, carbon black plants, and all other properties of value used in coneection with said oil and gas development, including transportation'facilities, etc. " 2. I SECOND PARTYlfurther agrees to procure for First Party all information possible and available for the use of First Party sitting as a Board of Equalization,' in;determining the proper valuations to be fixed upon such properties for assessment and taxation purposes, and generally to compile such informatio~,as shall be of aid and benefit to said First Party in equalizing the vaJues of said properties for taxation. Said Party of the Second Part agrees to meet with the Commissioners' Court of said Calhoun County, Texas, ..sitting as a Board of Equalization, and to furnish said Board with all the information: procured by them during their said invest- igations, for use by the Board in equalizing the assessments upon said properties., ' .. '" ...( . 3. I FOR AND IN CONSIDERATION of the skilled services, techinacal knowledge and experience of Second Party in the performance of the obligations devolving upon them hereunder, Party of the First Part agrees and obligates itself to compensate Second Party in the manner following: said Second Party shall receive an amount to be paid out of the various funds of Calhoun County, Texas equal to Four ($0.04) Cents on each One Hundred ($100.00) Dollars valuation as fixed by the Board of Equalization for the year 1958, coy.ering all oil properties, gas, sUlphur deposits, public utilities, pipe lines, refineries, gasoline plants, drilling rigs and derricks, oil and gas leases, royalty interest in land developed and undeveloped and all other property of whatever character or value used in connection with oil and gas development, incJuding transportation facilities, etE.. 4. . Payments in the form of warrants legally drawn against the various funds of said County shall be made on this contract ~pon completion of said work and after final action has been taken by t he Commissioners I Court, sitting as a Board of Equalization. The Commissioners' Court of said Calhoun County, Texas hereby agrees to issue or cause to be issued to King-Latham-Stults & Company a warrant or warrants drawn against the various funds of said Calhoun County Texas for the amounts due as provided herein, based on the total'value of all "Oil Properties" and "Public Utilities" as agreed upon and fixed by the Board of Equalization for the year of 1958. All said warrants to be payable out of receipts and anticipated receipts from taxes levied for genenal County purposes, and from receipts from other sources coming to said various funds for the year 1958. And the Party of the First Part hereby agrees and obligates itself at any time it is requested to do so by Party of the Second Part, to pass and enter of record such orders as may be necessary, requisiterand/or convenient to evidence the indebtedness and facilitate and procure the payment of-all sums due Party of the Second Part for services performed under thas agreement. 5. I The said King-Latham"Stults & Company further agrees that in no way will the said Calhoun County, Texas be obligated to the said King-LathamwStults & Company, or their assistants, for salaries, expense, or material, except as above stated. I WITNESS OUR HANDS IN DUPLICATE this the 31st day of May, A.D.1957. PARTY OF THE FIRST PART, C,GUNTY OF CALHOUN, TEXAS sl By Howard G. Hartzo~ County Judge sl Frank E. Wedi~ Cmmnissioner Prct. No. 1 SiR. F. Kemper Commissioner Prct. No. 2 S~rnest H. Radtke Commissioner Prct. No. 3 SjClarence Barton Commissioner Prct. No. 4 . !ATTEST: SI Maurice G. Wood County Clerk, Calhoun County, Texas ~y Jo Koenig, Deputy ..... ~442 00""'1 ~ ~ tt; N . BOARD OF EQUALIZATION RECESS . On motion by Mr. Clarence Barton, seconded by Mr. R. F. Kemper and unanimously adopted, the Board of Equalization recessed until June 17, 1957~ ACCEPT BID-TEMPORARY'QUARTERS On this the 31st day of May, 1957, at a Special Term of the Cpmmis~ioners' Court of Calhoun County, Texas, with all members of the Court being present, on motion by Commissioner Radtke, seconded by Commissioner Bartpn and unanimous- ly adopted, the Court accepted the bid of Marshall Lumber Company as General Contractor for the erection of the two temporary buildings to serve as County Offices,~for a total cost of $11,726.00 to include all material and labor. :1' ---------- , I " SPECIAL TERM HELD JUNE 7, 1957 , THE STATE OF TEXAS 0 o COUNTY OF CALHOUN I BE IT REMEMBERED, that on this the ,7th. day of June; 1957, there was begun and holden at the Courthouse in the City of'Port Lavaca, said County and State, a SpeCial Term of the Commissioners' Court within .and fpr said County and State, same being the First Special June Term, 1957, and there'were present on'this date the following officers of the Cour~, to-wit: FRANK E. WEDIG, R., F.' KEMPER, CLARENCE BARTON, MAURICE G: WOOD, following orders were " . hereupon, the County Judge Pro Commissioner Pro Cbmmissioner Pro County Clerk, made and entered by said Tempore, . ,2, . 4, , t Court, to-wit: ------------ ---------- . t - t I ON MOTION by Commissioner Barton, seconded by Commissioner,Kemper and nanimously adopted, the following additions to the temporary buildings for the District Court and the County Clerk were approved: 1. The est4r!at e ~,o,f! NaI'shall,.:I'J.llmbert"c Gol\1PJlny:::;foi' :'.\?lumbrng,:;fac~ 11 ties' ,per I 1.an:':bngf!iJ:e,;-in ,Colinty~Au~:!-torsooffice, at a cost of :$1,275.72. . - - 2. Two swing doors for entrance into the corridor connecting the two uildings for a price of $220.00. , 3. Four ventilators at a cost of $26.00 each or a total of' $104.00. On motion by' Commissioner Barton, seconded by Commissioner Kemper and nanimously adopted, the following transactions were approved: 1. After examining the bid of'Marsha11 Lumber Co. for $600.00 and the fid of Otis Yeats for '388.00 for the renovation work on the temporary quarters ~or the Tax office, it was determined that Mr. Yeats be retained_for this wprk, ~nd that the additional work orders in this project be handled by negitiation 6ith Mr. Yeats. , _ _ . . I 2. That the proposal of Walls Transfer and Storage to provide a fully ~quipped van and supplementary moving equipment 'and boxes at the rate of . ~8.00 per hour for the van and t~o men and/or,$12.00 per hour for th~ van' I nd four men be accepted, together with his over-all estimate of $270.00 to ove all major equipment, furniture and fixtures designated by the Commissioners' fount in a tour of the_b~i}d:n~!_._ ~ _ _._ _ _ _ ~ _ _ _ _ _ MINUTES AND AD JOURNMENT ' , bON THIS, the 7th day of June, 1957, at a Special Term of the Commissioners' ourt of Calhoun County, Texas, on motion duly ma~e, s~condedand unanimously b.dopted, the Minutes of the previous meeting"of'MaY"31';195T,--j.re're read and I.pproved. ~ TT T- Ju Pro Tempore I, -" ,---- --,-~-'--,'- . I . I . -----~ -- ------- . .' ' .... r- .... 443 -.- . u. ___ . . REGULAR TERM HELD JUNE 10, 1957 I THE STATE OF TEXAS 0 o COUNTY OF CALHOUN 0 BE IT REMEMBERED, that on this the loth day of June, 1957, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, a Special Term of the Commissioners' Court within and for said County and State, same being the Regular June Term, 1957, and there were present on these dates the following officers of the Court, to-wit: I FRANK E. WEDIG, R. F. KEMPER, CLARENCE BARTON, MAURICE G. WOOD, County Judge Pro Tempore, Commissioner Pro 2, Commissioner Pro 4, County Clerk, whereupon, the following orders were made and entered by said Court, to-wit: ORDER TO PUBLISH NOTICE . ON MOTION by Commissioner Barton, seconded by Commissioner Kemper and unanimously adopted, the Court authorized County Auditor James F., Houlihan to pUblish notice for bids for demolition of the Calhoun County Courthouse, said bdtlca to be pUblished in the metropolitan dailies as well as in the County papers, contract to be let June 28, 1957, 11 am. ------ ----- -------- TELEPHONES-TAX ASSESSOR-COLLECTOR'S OFFICE On motion by Commissioner Barton, seconded by Commissioner Kemper and unanimously adopted, the Court approved the installation of the required six telephones for t he Tax Assessor-Collector's Office in the old Thompson house. ,I ACCEPT BID On this, the lOth day of June, 1957, after opening and examining and comparing all bids received for the electrical work needed in the old Thompson house, on motion by Clarence Barton, seconded by R. F. Kemper and unanimously adopted~ the Court accepted the bid of the Acme Electtic Company in the sum of $026.00, which bid was lowest bf the following bids submitted: Acme Electric: furnish labor and materials for complete electrical installations according to plans submitted for the sum of eight hundred twenty-six dollars and no cents ($826.00). . Jim Cervenka: furnish all the necessary labor and materials to complete the temporary Tax Collectors office according to the sketch for the total sum of Nine Hundred and Ten ($910.00) Dollars. Power Electric: furnish all the necessary labor and materials to complete the temporary Tax Assessor and Collector's office according to the sketch for the sum of Eight Hundred and Seventy ($870.00l. ~I Deckard Electric: furnish all labor and materials for complete installation in accordance with plans and specifications in the sum of $1,090.00. ------.------------ I TREASURER'S REPORT FOR MAY, 1957 On this the lOth day of June, 1957, at a regular Term of the Commissioners' Court of Calhoun County, Texas, Miss Mary Stephens, County Treasurer, presented her report for the month of May, 1957, and it having been read in open court and the Court having duly considered the same together with the exhibits accompanying same, and haV-ang compared balances in the various accounts and finding said report to be correct, on motion duly made, seconded and unanimous- ly carried, the County Treasurer's Report for the monthcof May, 1957, be and the same is hereby approved. It is so ordered. ----- --.- -----.- TAX ASSESSOR-COLLECTOR'S REPORT . On this the lOth day of June, 1957, at a regular te~a of the Commissioners' Court of Calhoun County, Texas, Mrs. C. V. Guidry, Deputy, presented her report for the months of February, March and April, 1957, and it having been read in open Court, and the Court having duly considered the same together with the exhibits accompanying same, and having the balances compared in the various accounts, and finds that said report is correct, on motion duly made, seconded and unanimously carried, the Tax Assessor-Collector's report for said months be and the same is hereby approved. --~=-- .... .... .. 444 00-' ........ -~ ~ tJ::j . N . MINUTES AND ADJOURNMENT ON THIS, the lOth day of June, t957, at a Regular Term of the Commissioners' Court or Calhoun County,' Tex'a's',-.on' Irfot1Cm--d~ry.'maae'.-se.c.ondea' 'and" uharoniousTy , , . adopted, the Minutes of the previous meeting of May 31, 1957, were read and 'I approved. , , ", , , , I ATTEST: , , , . , . , , I' , , .' . . t ' I~ " - - - _..~ -"~ --- _.- - - - - - - - - ---- --- - ----- , t , , ' , , " , I~ , < , '," , , . , l .... r- ""Il 445 . I SPECIAL JUNE TERM I HELD JUNE 14, 1957 I THE STATE OF TEXAS 0 I COUNTY OF CALHOUN I BE IT REMEMBERED, that on this the 14th day of June, 1957, there was begun and go~4en at the Courthouse in the City of Port Lavaca, said County and State, a ~pecial Term of the Commissioners' Court within and for said County and State, same being the SOCcnd Special June Term, 1957, and there were present on this date the following officers of the Court, to-wit: I FRANK E. WEDIG, R. F. KEMPER, ERNEST H. RADTKE, CLARENCE BARTON, MAURICE G. WOOD, County Judge, Pro Tempore, Commissioner Pro 2, Commissioner Pro 3, Commissioner Pro 4, County Clark, whereupon, the following orders were made and entered by said Court, to-wit: - - - - - - - - - - - - - - - - - - ACCEPT BID . ON Motion by Commissioner Clarence Barton, seconded by Commissioner R. F. Kemper and unanimously carried, the Court accepted bid of Ray Sheet Metal Co., Port Lavaca, Texas, to fabricate and install (2) vents for heaters from the top of chimney through the roof, camplete with covers over chimney"vent pipes, roof flashings and caps for the sum of $78.50. The above work to be done on the old Thompson house. - - - - - - - - - - - - - - - - - - I SPECIAL ~ TERM HELD JUNE 17, 1957 THE STATE OF TEXAS 0 o COUNTY OF CALHOUN 0 BE IT REMEMBERED, that on this the 17th day of June, 1957, there was begun and holden at the Courthouse in the City of Port Lav~ca, said County and State, a Special Term of the Commissioners' Court within and for said County and State, same being the Second Special June Term, 1957, and there were present on this date the following officers of the Court, to-wit: . HOWARD G. HARTZOG, FRANK E. ~IEDIG, R. F. KEMPER, ERNEST H. RADTKE, CLARENCE BARTON, MAURICE G. WOOD, County Judge, Commissioner Pro 1, Commissioner Pre 2, COmmissioner Pro 3, Commissioner Pre 4, County Clerk, whereupon, the following orders were made and entered by said Court,' to-wit: - - - - - - - - - - - - - - - - - - - - TEl1PORARY AID I On motion by Commissioner Clarence Barton, seconded by Commissioner Frank Wedig, and unanimously adopted, the Court authorized the payment of $30.00 per month for a period of two months for temporary aid for Mrs. Larry Trevino. - - - - - - - - - - - - - - - - - - - I CONSTABLES SALARY I On motion by Commissioner Barton, seconded by Commissioner Wedig and unanimously carried, the Court ordered that all Constables' salaries be set at $100.00 per month effective June 17, 1957. ------------------ CONSTABLE, PRECINCT NO. I-APPOINTMENT . On motion by Commissioner Barton, seconded by Commissioner Radtke and unanimously carried, the Court appointed Mr. Mack Boyd to fill the unex- pired term of Mr, C. L. Bouquet as Constable of Precinct NO.1, subject to taking of the Oath of Office and filing bond in the sum of $I,OOO.OO as provided by law. - - - - - - - - - - - - - - - - - rUNUTES AND ADJOURNMENT ON THIS, the 17th day of June, 1957, at a Special Term of the --~ .... .... r'"446 001 ~ , C",q t;o N ~ . Commissioners' Court of Calhoun Coun~y, and unanimously adopted, the Minutes of were read and approved~' ' '" ". , Texas, on motion duly made, seconded the previous,meet~ng,of,J~~e 14, 19~7 ~ -~ .' County Ju~e . 'I Attest: ---------- 'I . :'~' .' .,;-\ ....'. i :jSPECIAL JUNE TERM HELD JUNE 19, 1957 'THE STATE OF TEXAS 0 , . 0 : ':COUNTY OF CALHOUN 0 : BE IT REMEMBERED. that on this the 19th day of June, 1957. there was " begun and holden at the Courthouse in the City of Port Lavaca, said County ": 'and State, a Special Term of the Commissioners" Court within and for said' ': -Cpunty and State, same being 'the' Third Special June Term, 1957, and there {,were present on this date the following officeXO:s ,of. the C_ourt, .to,.wi t: . '. ,;. \" , ~ HOWARD G. HARTZOG, FRANK E. WEDIG, R. F. KEMPER, ERNEST H. RADTKE, CLARENCE BARTON, MAURICEG . WOOD; County Judge, Commissioner Pro 1, Commissioner Pro 2, Commissioner Pro 3, Commissioner Pro 4, 'County'Clerki" -I ".f ...,' .~ ~n' .~ 1{hereupon, the following orders were made and entered by said Court, t~~w~~:, - ----- -- - - - - - -- ~ - -- --~.~-~ ~-~ .", " . ",:::; NOTICE TO BIDDERS ',:' .On motion by Commissioner Wedig, seconded by Commissioner Kemper, and ~rianimouBly carried, the Court authorized the'County Auditor to advertise for ~ids as indicated in the following notice to bidders: ' , t ,';:::' NOTICE TO BIDDERS .~'.. '.. ~t Sealed bids. plainly marked as such, will be received by the County A.uditor of Calhoun County, Texas, at his office or by mail at P. O. Box 627, :fort Lavaca, until 11:OOA.J!IJ" on June 28, 1957, at which time they will be :'opened 'and publicly read at a special se'ssi"on of the Commissioners' Court'- .Bids will be received on the following equipment: ' . ,~' 1. 10 window type air conditioning room callers, 230 volt, each with the , 'q,ap~C1ty of approzimately 12,000 BTU perhour, and with not less than 100. CFM f.resh!.air circulation capacity and 90 CFM exhaust capacity. Units shall be thermosfatically controlled. Compressor shall be guaranteed against defects for a periOd of 5 years and the units to c!,r,:;,y,a l,Y!3ar ,fr,ee.s.eryice_warranty.. ' These'units will be installed as follows: 5 units to be installed through the walls of the metallic buildings on Ann Street. work to include cutting of metal openings, installation of wood framing for support and packing of insulation around'units where they join metal walls. . I 2 units to be installed in windows of frgm~ pu~l~ipg_at 314 South _ , _ Benavides. 2 units to be installed downstairs in the frame Building used as temporary Collector, at 315 West Austin. and 1 unit to be installed upstairs office of County Tax Assessor-' , ~,/ ----~~~~ . I . , . _ _ ___._ _ u _ _. _ _. _ __ _ _ .' _ _ _ . . _. . ______._. . , . . ., , l ..J r I .. 447 . 2. 3 electrically operated water cooler units installed and with service warranties. I 3. Labor and materials for framing and sheetrocking interior walls of metallic buildings, suspending ceiling and installing inside doors. Further particulars on this work may be obtained from the office of the County Auditor. The Commissioners' Court reserves the right to waive formalities, the right to accept anW, 'bid or bids deemed most advantage:ous to the County and the right to reject any or all bids. By order of the Commissioners' Court June 19th, 1957. sl James F. Houlihan County Auditor Calhoun County, Texas I Attest: 81 Maurice G. Wood, County Clerk, Calhoun County, Texas ------ ------ ----- . MINUTES AND ADJOURNMENT ON THIS, the 19th day of June, 1957, at a Special Term~of the Commissioners' Court of Calhoun County, Texas, on motion duly made, and unanimously adopted, the Minutes of the previous meeting of June were read and approved. seconded 17, 1957, 1# County lerk -ez:~<<'t~ Attest: I SPECIAL JUNE TERM HELD JUNE 21, 1957 . THE STATE OF TEXAS 0 I COUNTY OF CALHOUN 0 BE IT REMEMBERED, that qn this the 21st day of june, 1957, there was begun and holden at the Vourthouse in the City of Port Lavaca, said County and State, a Special Term of the Commissioners' Court within and for said County and State, same being the Fourth ~ecial June Term,1957, ang there were present on this date the following officers of the Court, to-wit: HOWARD G. HARTZOG, FRANK E. WEDIG, R. F. KEMPER, ERNEST H. RADTKE, CLARENCE BARTON, MAURICE G. WOOD, County Judge, Con~issioner Pro 1, Commissioner Pro 2, Commissioner Pro 3, Commissioner Pro 4, County Clerk, I whereupon, the following orders were made and entered by said Court, to-wit: ACCEPT BID I On motion by Commissioner Barton, seconded by Commissioner Wedig and unanimously adopted, the Court accepted the bid of Jecker Blind and Floor Co., low bid.of the following bids submitted: Jecker Blind and Floor Company: Bid includes all labor for taking down, rebUilding, and reinstalling Venetian Blinds for temporary quarters; price includes 8 new blinds and 21 blinds (old) to be cut down. Complete price: $164.25 ... ........................ . Fallis Sales and Service, Victoria, Texas: Bid on moving and fitting blinds on all windows, temporary quarters in two storey house: $175.00 6.50 $ltlili.50 ~ ~ .. --- 00-' ~ ~ eN N 448 . MINUTES AND ADJOURNMENT . ON THIS, the 21st day of June, 1957, at a Special Term of the Commissioners' Court of Calhoun County, Texas, on motion duly made, seconded and unanimously adopted,-the Minutes of tqe previous meeting of June 19th, 1957. were read and approved. \ ~/P/ ~t~. I County Clerk I SPECIAL JUNE TERM HELD JUNE 28, 1957 THE STATE OF TEXAS I I COUNTY OF CALHOUN ~ BE IT REMEMBERED, that on this the 28th day of Ju.ne, 1957, there was,.. begunGand holden at the Courthouse in the City of Port Lavaca, said County and State, a Special Term of the Commissioners' Court within.and for said County and State, same being the Fourth Special June Term, 1957, and there were present on this date the following officers of the Court, to-wit: . HOWARD G. HARTZOG, FRANK E. WEDIG, R. F. KEMPER, , ERNEST H. RADTKE, CLARENCE BARTON, . MAURICE G; WOOD, County JUdge, Commissioner Pro 1, Commissioner,Pr. 2, CommissionerPr. 3, Commissioner Pro 4, County Clerk, whereupon, the following orders were made and entered by said Court, to-wit: 1- BIDS ON DEMOLITION OF COURTHOUSE ON THIS, the 28th day of'June~195i~'with all m~mb~~s'~f.th~ Court.b~i~g'.' present, Mr. James Houlihan, County Auditor, opened and read all bids received for demolition of the Courthouse.. .Whereupon, said bids, having been,examined, and summarized, on motion by Mr. Clarence Barton, seconded by Mr. R. F. Kemper, the Court accepted the bid of H. E. Stanley of Austin, Texas as low bid among the following bids received: Gossett $4995. $5995. Demolition Co., Houston, less cost 'of Bond including cost of Bond Texas , H. E. Stanley, Austin, Texas #3601. including coat of Bond-lO days Charles Wilson, Pollok, Texas $9325.25 . B. T. Wright, BOhham, ,Texas $6940. 30 days , . , t .. Commercial Construction Co., San Antonio, Texas $14,677. 30 days 1 Howard P. Alexander,- Corpus ,Chri-sti; Texas. .. , - - - . $6400. 30 days The vote of the Court being unanimous, IT IS SO ORDERED. - - - - - - - - - - - - - - - - - - - BIDS ON METAL BUILDINGS After opening, reading and examining all bids received. for'the work of finishing the interior of the two metal buildings to be used as county offices, on motion by Mr. Frank Wedig, seconded by Mr. Clarence Barton and unanimously adopted, the Court accepted the bid of W. H. Parker as low bid among the following bids submitted: I , .. . . " l ...4 r- .... 449 . 1 Construction Co., Edna, Texas, $2177. enham and Associated, Port Lavaca, Texas, $2496.,15 days. I . H. Parker, Port Lavaca, Texas, $16~o.50, 15 days. rarshall Lumber C~.: p._O:t_L~V~C~'_T~X~S: $2344.,14 days. kIDS ON AIR CONDITIONERS , I On motion by Commissioner Barton, sec nded by Commissioner I~edig and unanimously acrried the Court postponed accepting a bid on the required air conditioners and referred bids.to.Mr. James Houlihan, County ~uditor, for cheCking. kID ON WATER COOLERS - - - - - - - - - - - - - - I On motion by Commissioner Barton, seconded by Commissioner Radtke and unanimously adopted, the Court accepted the bid of Port Lavaca Plumbing and Flectric Co., por: ~a:a:a~ :e:a~,_f~r_3_w~t~r_~~0:e:s in the sum of $642.00. ~PPROVAL OF DEPUTIES . On motion by Ernest Radtke and seconded by Frank Wedig, the Court unanimously approved the Deputation of Clarice Bissett for the Sheriff, 'T= A"."or_COl1~~' _D~p.r:~n:. _ _ _ _ _ ~ _ _ ~ lerk c~:t fvt I SPECIAL JULY TERM 'THE STATE OF TEXAS I I COUNTY OF CALHOUN 0 BE IT REMEMBERED, that on this the 2nd day of July, A'D. 1957, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, a Special Term of the Commissioners' Court within and for said County and State, same being the First. Special July Term, 1957, and there were ~resent on this date the following officers of the Court, to-wit: HELD JULY 2, 1957 . HOWARD G. HARTZOG, R. F. KEl1PER, ERNEST H. RADTKE, CLARENCE BARTON, l1AURICE G. WOOD, County JUdge, Commissioner Pro 2, Commissioner Pro 3, Commissioner Pro 4, County -: Clerlr, -=--, whereupon, the following orders were made and entered by said Court, to-wit: - - - - - - - - - - - - - - - - - - - -- - I il\.CCEPT BID ON AI R CONDITIONERS l On motion by Commissioner Barton, seconded by Commissioner Kemper and i nanimously adopted,tha Court accepted the bid of Port Lavaca Plumbing and rlectric Company :0: :O_Y~r~ ~i: :o~d~t~o~e:s_f~r_t~e sum of $2499.50. EMERGENCY CARE (On motion by Commissioner Barton, seconded by Commissioner Kemper and I nanimously adopted, the Court ordered that the Santos Alemando family be given emergency relief in the sum of $40.00 per month for a period of 3 ~onths, effective from June 1, 1957. I - - - - - - - - - - - - - - - - - . .... ...,j r 450 , I oo""llll ~ ~ -, "'''' N . I MERGENCY CARE-TB PATIENT . ~ On motion by Commissioner Radtke, seconded by Commissioner Kemper and unanimously carried, the Court authorized payment of $10.00 every two weeks to Flumencio Reyes, TB patient, for groceries.for a period of 3 months, eginning July I, 1957. . I ~ - - - - ~ ~CCEPT BUILDINGS-AUTHORIZE PAYMENT l On motion by Commissioner Barton, seconded by Commissioner Radtke and' ' I nanimously adopted, the Qourt, after a tour of inspection, ,accepted the two ~etal buildings to be used for County offices; and authori~ed payment of the [arShall Lumber Compan: ~i:l_i~,~h: ~~ ~f_$:1:9:~:~~~ _ _, _ _ , _ _ . ~IR CONDITIONER-DRINKING FOUNTAIN FOR SHERIFF'S OFFICE I On motion by Commissioner Barton, seconded by Commissioner Kemper and nanimously adopted, the Court, upon request of Sheriff Halliburton, agreed to: provide an air conditioning unit; transfer the drinking fountain from ,. the Courthouse ,to the Sheriff's office; and pay-the-installation costs of-a- , - indow frame to be transferred from the Courthouse. MINUTES AND ADJOURNMENT . ON THIS, the 2nd day of July, 1957, at a Special-Term of,t'he-Commissioners Court of Calhoun County, Texas, on motion duly ~ade, seconded and unanimously adopted, the Minutes .oX, t,he. ,p,1'.e.'v:i~~s. ,m,ee,t,iIlg Qf ,~une, 28, 1957, were ';r,ea,d, ,and, , , approved. Attest: , I County t ' . - _/~- I I . [ ..... r- ""Ill 451 . , !REGULAR JULY TERM , I HELD JULY, 8, 1957 I I THE STATE OF TEXAS 0 ~ COUNTY OF CALHOUN I BE IT RErffirillERED, that on this the 8th day of July, 1957, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, a Regular Term of the Commissioners' Court within and for said County and state, sarne being the Regular July Term, 1957, and there were present on these dates the following officers of the Court, to-wit: HOWARD G. HARTZOG, FRANK E. WEDIG, R. F. KEMPER, ERNEST H. RADTKE, CLARENCE BARTON, MAURICE G. WOOD, County Judge, Commissioner Pro 1, Commissioner Pro 2, Commissioner Pro 3, Commissioner Pro 4, County Cll9r.k, Nhereupon, the following orders were made and entered by said Court, to-wit: . COMMISSIONERS-NAVIGATION DISTRICT On motion by Ernest Radtke, seconded by Clarence Barton and unanimously adopted, the Court ordered that Capt. B. R. Butler be appointed as Navigation Commissioner of the Calhoun County Navigation District, place No,', for a term of 6 years to expire June 9, 1963, to replace the axpired term of S. T. Swenson. On motion by R. F. Kemper, seconded by Frank Wedig and unanimously carried, the Court ordered that Glenn McKamey be reappointed for a term of 6 years ending June 9, 1963, as Navigation C~mmissioner, place No..2, of the Calhoun County Navigation District. ---- ------- ----- --- I CONSULTANT-HOSPITAL BOARD On this, the 8th day of July, 1957, at a regular term of the Corr~issioners' Court of Calhoun County, the Court after meeting with members of the Hospital Board and hearing a discussion of the various ho~pital problems and recommend- ations, authorized the Hospital Board to select a consultant and report its findings and recommendations to the Court. Motion was made by Commissioner Barton, seconded by Commissioner Radtke and unanimously adopted. ------------------ CONSTRUCT SIDEWALKS I On motion by Commissioner Barton, seconded by Commissioner Kemper and unanimously carried, the Court authorized construction of sidewalks and the reconstruction of the District Judge's bench, witness stand, jurI box and court rail in the North side metal bUilding, at a total cost of $410.00. ,aid work to be p~r:o:m~d_b! ~._H: ~a:k~r: _ _ _ _ _ bOME DEMONSTRATION AGENT ~ On motion by Commissioner Barton, seconded by Commissioner Wedig and nanimously adopted, the Court approved the appointment of Miss Frances Gray as HODle Demonstratio~ Agent at a salary of $1350.00 per annum and auto- fObile allowance of $500.00 per annum payable in monthly installments from the General Fund as authorized in the 1957 Budget, effective July 1, 1957. - - - - - - - - - - - - - - - - - - ~PPROVAL OF BILLS . I On motion by Commissioner Radtke, seconded by Commissioner Barton and unanimously adopted, the Court approved May bills Nos. 115 thrwgh 270; June bills 1 through 273 and July bills Nos. 1 through 13, as presented by Mr. James F. Houlihan, County Auditor. . 0= ll.. r452 I _.-- = . :""IIIl 00 ........ ,.,.-., ~ to N , . TREASURER'S REPORT __,.___ ___._.____ ___ ._____o _~______...__ __~._____.____ _ ____ On this, the 8th day of July, 1957, at a Hegular Term of the Commissioners' Court of Calhoun County, Texas, Miss Mary Stephens, County Treasurer, presented her report for t he month of June, 195-7.," and it having been" read in, open court",. ,. and the Court having duly considered the same together with the exhibits accompanying same, and having compared the balances in the various accounts and finding said report to be correct, on motion duly made, secnnded and unan- imously carried, the County Treasurer's Report for t he month of June, 1957, be and the same is hereby approved. It is so ordered. , I - - - - - - -~- - - -- - - - - ~VERTISE FOR BIDS-LAWN MOWER On motion by Commissioner unanimously carried, the Court bids on a 21" lawn mower. . . Barton, seconded by Commissioner Radtke and authorized the Coun~y Auditor to advertise for I , . , . NOTICE T0 BIDDERS , . Sealed bids, plainly marked, will be received by the County Auditor of Calhoun County, Texas, at his office, or by mail at P. O. Box 627, Port Lavaca, Texas, until 10:00 A.M. on the 22nd day of July 1957, at which time they will be opene'd-and -pubIilCly read -at' a . .. ' special meeting of the Calhoun County Commissioners' Court. Bids will be received on the following: ' . ""', "" "' __, . One 21-inch (approx), 2 H. P. (approx), ,push-type Rotary Mower, with 2- cycle motor. Alternate bid: 4-cycle motor.' .-." , . Less trade-in allowance on one used heavy duty reel-type mower, which can be seen at Precinct One Warehouse. By order of the Commissioners' Court on July 8, 1957. . . i\,ttest: ~I Maurice G. Wood County (;lerk Calhoun County, Texas sl James F. Houlihan County Auditor .. Calhoun County;' Texas 1 I - -"- - - - - - - - - - - - - - - ~INISH INTERIOR-METAL BUILDING I On thiS, the 9th day of July, 1957, on motion by 'Ernest Radtke, seconded y R. F. Kemper and unanimously carried, the Court authorized the insulation knd ceiling with sheetrock (taped and floated)' for the' SUlll or-$I020;;00. .. Sald- .. r:::S::N:'C::::'b:T::R~P~~':'- . . - - - C . - - - -. . ... On a motion by Commissioner Radtke and seconded by Commissioner Kemper, ~here came on for consideration a resolution for adoption by the Court ~uthoriZing the conditional appointment of Mr. Don Carroll as Assistant ounty Attorney to act in the absence of County"1l.ttorney Jack'Fi"elds for a: .. .. er.m of 1 year, from July 9, 1957 to July 9, 1958. . Upon the call fora VOTE: AYES: 3 NOES: 2 The' Chair declared the motion carried. ,I The Resolution is as follows: lESOLUTION II HE STATE > - - .- .' 'OUNTY OF CALHOUN OF TEXAS 0 o o IN THE COMMISSIONERS' COURT . OF .. C.ALHOUNCCDmTTY~. TEXAS c '-:' /---~~~r ~ ~-- I WHEREAS, Jack Fields, the duly elected'CountjAttorney fo Calnoun ounty, on the 16th day of April, 1957, filed with the Commissioners' Court is loral request that Don Carroll, his law partner, an attorney at law of his bar, be appointed as an assistant county attorney to serve without pay, ,ith authority to act in place and instead of the County Attorney at any time auring the absence of the county attorney, and . ..,.j r ""'Il 453 . I WHEREAS, the Court has been advised by the Attorney General's office that under the law and Constitution that in Calhoun County such an office is a part time office, and that any elected district or county attorney is per- mitted and authorized to engage in the private practice of civil law in all IState and Federal courts, and that in order to represent his private clients that it is necessary that from time to time such an officer be absent from court or from the County in attendance upon other courts, and that for orderly conduct of business, benefit and convenience to the public, our municipal courts, pol:L.ce departments, constable, justices of the peace and Sheriff's department; that under authority of Article 331, Vernon's Civil Statutes, at the request of the elected county attorney, the Commissioners' Court may approve the appointment of an assistant criminal county attorney to serve in the absence of the County Attorney, to prepare forms and execute as assistant attorney all necessary criminal complaints, information, etc., to expedite criminal investigations and prosecutions. I . THEREFORE, on request of the County Attorney, it is hereby ordered, that upon the filing by the County Attorney, his ',deputations 'with, the County Clerk appointing Don Carroll as assistant criminal attorney with power to act in his place and stead in his absence from court, the Commissioners' Court hereby consents to such appointment of the said Don Carroll, as ,of the filing date of said deputation; the execution by Don Carroll of the Oath of 'Office as Assistant County Attorney and the filing, by said Don Carroll, of Ithe security bond as required by law; and that thereupon, the said Don ~carroll' in the absence of the County Attorney, as assistant county criminal attorney shall have and be entitled to exercise all of the duties as provided y Article 331, Vernon's Civil Statutes of Texas, subject to t he will of Jack Fields, County Attorney, for a term of one year from July 9, 1957 to July 9, 1958. Provided further, that in accordance with the request, such ~ppointee shall serve without salary or conpensation except as shall be wrivately agreed between Jack Fields and his law partner, Don Carroll, to be paid by the County Attorney out of his own salary or fees of office. Ordered this, the 9th day of July, 1957. I eal ;t\.ttest: l/ S/ Howard G. Hartzog County Judge Maurice G. Wood (;ounty Clerk ------------------ . RIGHT OF WAY-F. M. 2433 I On motion by Cownissioner Barton, seconded by Commissioner Kemper ~nd unanimously adopted, the Court authorized Mr. R. A. Barton to start procuring right of way for F. M. 2433 road for $450.00 per acre. MINUTES AND ADJOURNMENT ON THIS, the 9th day of July, 1957, at a Special Term of the Commissioners' Court of Callihoun County, Texas, on motion duly made, seconded and unanimously adopted, the Minutes of the previous meeting of July 2, 1957, were read and approved. ~={tJ~b I I . Ilo... ...,j I""" 454 SPECIAL JULY TERM HELD JULY 15, 1957 THE STATE OF TEXAS I o COUNTY OF CALHOUN 0 BE IT REMEMBERED, that on this the 15th day of July, 1957, there was begun and holden at the Courthouse in the City of Port'Lavaca, said County and State, a Special Term of the Commissioners' Court within and for said County and State, same being the Second Spe9ial July Term, 1957, and there were present on this date the following officers of the ~ourt, to-wit: HOWARD G. HARTZOG, FRANK WED I G, R. F. KENPER, ERNEST H. RADTKE, MAURICE G~ \'lOOD, County Judge, Commissioner Pro I, Commissioner Pro 2, C9mmissioner Pro 3, County Clerk, Whereupon, the following orders were made and ent'ered by sai d Court, to-wit: I .RODEO COMNITTEE REQUEST I On motion by Commissioner unanimously adopted, the Court In getting plans and e~t:m:t:s _ _ _ _ _ _ _ _ ,_ ~CCEPT WORK-APPROVE PAYMENT I On motion by Commissioner Ernest Radtke, seconded by Commissioner R. F. emper and unanimously adopted, the Court accep~ed the wiring work in the , I emporary Tax Office and authorized the payment to Acme Electric :Co;cof the ollowing items: Contract for rewiring Tax Office: $826.00 Contract for additional work and' material for Tax Office: $'93.03 I Kemper, seconded by Commissioner Wedig and authorized the Rodeo Committee to proceed for a Rodeo Arena at the Fair Grounds. The Court also accepted the 10 air conditioners and 3'water coolers rom the Port LavacaPlumbing and Electric Co., and authorized payment n the sum of $3,141.50. ------- INUTES AND ADJOURNMENT ~ ON THIS, the 15th day of July, 1957, at a, Special Term -of, the~ Commi-ss~oners' ourt of Calhoun County, Texas, on motion duly made, econded and unanimously ~dopted; the Minutes of the previous meeting of Ju ,1957, were read and . ~pproved. ' tte?t: \~ County Clerk . ."",~--" '. . , l 00 ~ ~. b:l N . .. I - I . I . . , 1 :wl .' I ...oIIIl r- ~ 455 . ~PECIAL JULY TERM HELD JULY, 22, 1957 i I ~HE STATE OF TEXAS ~ ~lcoUNTY OF CALHOUN r, . . BE IT REME}ffiERED, that on this the 22nd day of July, 1957, there was egun and holden at the Courthouse in the City of Port Lavaca, said County .and State, a Special Term of the' Commissioners' Court within and for said :County and State, same being the Fourth Special July Term, 1957, and there were present on this date the following officers of the Ccurt, to-wit: I r'/I HOWARD G. HARTZOG, FRANK E. WEDIG, R. F. KEHPER, ERNEST H. RADTKE, CLARENCE BARTON, MAURICE G. WOOJ;> , County Judge, Commissioner Pro 1, Commissioner p,r. 2, Commissioner Pro 3, Commissioner Pro 4, County Clerk, . rhereupon, the ~EJECT BID following orders were made and entered by said Court, to-wit: On motion ,by Commissioner Barton, seconded by Commissioner Radtke and ~nanimously adopted, the Court rejected the one bid received on the power lawn mower. BID: Ed Melcher Co. 1.Genoa G. 192 2 cycl~- with old mower 2. Genoa G. 21R 4 cycle,2i Hp, with old mower. 3. Johns Bros. JM20,2i Hp,4 cycle, with old mower. $49.95 ~?89. 95 $99.00 I ~CCEPT WORK-AUTHORIZE PAYMENT On motion by Commissioner Barton, seconded by Commissioner Radtke and unanimously carri~d, the Court accepted the work and ordered payment of the following: . Marshall Lumber Co. Latimer Roofing Co. Ed Melcher Co. Layco Fnece Co. Walls Transfer & Storage W. H. Parker Builders Insulation Co. Acme Electric Co. Temple Lumber Co. $1,275.72 28.50 12.55 584.75 345.05 3,221.00 752.00 1,334.40 334.71 bISCLAIM MINERAL INTEREST IN RIGHT OF WAY I, On motion by Co~issioner Kemper, seconded by Commissioner Barton and unanimously carried, the Court discla~med any mineral interest in ~ ight of way easement. TATE OF TEXAS I IN THE COMMISSIONERS' COURT I OF COUNTY OF CALHOUN I CALHOUN COUNTY, TEXAS On this the 22nd day of JUly, 1957, 'came to be considered before the IcommissiOnerS! Court the question of whether or not Calhoun County owns or claims any interest in the oil, gas andlor any other minerals in, under or to f 20 ft. publiC road right of way across the property of Mrs. Annie Nedbalek et al located in the V. Garcia Survey of Calhoun County, Texas; Thereupon a motion made by Frank Kemper and seconded by Clarence 5arton and unanimously adopted, it was ordered; Whereas, on May 20, 1911, as shown by Volume X, Page 467 of the 'eed Records of Calhoun County, Texas, the Commissioners' Court accepted a ~ight of way easement from Mrs. Annie Nedbdlek over a 20 ft. strip of land ~escribed as follows: r Part of the lC)3.f.14/l00 acre tract of land. conveyed by Frank Nedbalek to this grantor (Mrs. Annie Nedbalek) as Tract 56, Phillips ~nvestment Company subdivision of the V. Garcia Survey, situated in Calhoun County, Texas; I.' ., . ~~ .... r456 I oo"""l ~ ~ I:::Jj N " . " Beginning at the S. W. corner of Tract 56, and N. W. corner of Tract 46, of said subdivision; j Thence North 55 East 20 feet, with the B/L of said tracts Nos. 56 and 46 to a point, on said B/L; , ThenceN. 35 deg. West 1809-7/10 feet at a parallel distance of 20 feet from the S. W. BIL of said tract No. 56, to a point in the BIL of Annie Nedbalek's land and A. Machacek's 83-1/2 acre tract; Thence South 55 West 20"fee:t' \Hthcthe:1.1astbabove,'jB/L/to cthebN .;,W. ~-' corher.:;'of!,A=ie!',Nedbalek'is~ltract~and,~t hec'S. ~W: :.,c6rnern'of:'said:: A. Macoeckl s ' tract i . , ~ .. ' Thence South 35 East 1809-7/10 feet with the S. W. BIL to the place of geginning. and containing 83/100 acres of land, more or less. Whereas such right of way easement was acquired and paid for for right of way purposes only and the'county did not need or require any interest to the title to any oil, gas andlor any other minerals under said right ~wQ: '. THEREFORE Calhoun County ,acting'by and through its Commissioners' Court hereby disclaims any right, title or interest in and tothe oil; gas andlor other minerals under the above described right o~ way.. . It is further ordered that a copy of these minutes be signed by t he County Judge, attested by the County Clerk with proper acknowleggement be filed for record in the Deed Records of'Ca1houn County, Texas I 'I . SI Howard G. Hartzo~ Gounty Judge ' ATTEST: sl Maurice G. Wood County Clerk LS THE STATE OF TEXAS I COUNTY OF CALHOUN I BEFORE ME, the undersigned authority, on this day personally appeared Howard G. Hartzog known to me to be the persmn whose name is . subscribed to the foregoing instrument and acknowledged to me that,he executed the same for the purposes and consideration therein" expressed and in the capacity herein stated as County Judge of Calhoun County, Texas. Witness my hand this the 22nd day of July 1957. > I , LS sl Mrs. M. M. Little Notary Public in and for Calhoun County, Te~s . _____i~ . ADVERTISE FOR BIDS-ROAD SURFACE , . On motion by Commissioner Barton, seconded by Commissioner Kemper and unanimously adopted, the Court authorized advertisement to receive bids on 13 miles of asphalt surfacing. NOTICE !Q BIDDERS Sealed bids, plainly marked as such, will be received by the County Auditor of Calhoun County, Texas, at his office or by mail at P. O. Box 627, Port Lavaca, until 11:OO A.M., on August 12, 1957, at which time they will be opened and publicly read at a speCial session of the Commissioners' Court. Bids will be received on the following: 1 Approximately l3~iniles Asphalt surfacing as follows: , Precinct No.1 Precinct No. 2 Precinct No. 3 Precinct No. 4 2 miles' 2 miles 1 mile 8 miles I Bid No.1: Bidder to furnish and apply MCl cut back Asphalt o A 175 Asphalt and aggregate - Texas Highway Dept. Item 351., l . ...oIIIl "" ""'III 451 . Bid No.2: Same as above except County to furnish aggregate and stockpile near job site. For further inrormation contact Commissioner of Precinct. I By order of the Commissioners. Court July 22nd, 1957. I ATTEST: s/ James F. Houlihan County Auditor, Calhoun County, Texas sl Maurice G. Wood County Clerk, Calhoun County, Texas CIVIL DEFENSE . I On motion by Commissioner Radtke, seccnded by Commissioner Kemper and unanimously carried, it was ordered that all County Fire and Emergency equipment together with all County-Civilian Defense radios, be made avail- able in any emergency for Civilian Derense and protection. The Chier of the Voluntary Fire Department or any city or the area adjacent, shall be the director of operations within such area, and any equipment called into said area shall be operated under his direction. I II On motion by Commissioner Barton, seconded by Commissioner emper and unanimously carried, it was ordered that an appropriation of ,$150.00 be set aside ror the use or the Director of Civilian Defense, for jCivilian Defense ~u~p:i:s_a~d_e~u~p~e~t: _ _ _ _ _ _ _ kINUTES AND ADJOURNMENT I ON THIS, the 22nd day of JUly, 1957, at a Special Term of the Icommissioners' Court of Calhoun County, Texas, on motion duly made, seconded and unanimously adopted, the Minutes or the previous meeting of July 15th, 1957. were read and appro~ed. . I I "' "~ . ... .... r- 4,58 .. 00 ~ ~ ttJ N . REGULAR AUGUST TERM HELD AUGUST 12, 1957 ' THE STATE OF TEXAS 0 I COUNTY OF CALHOUN I I BE IT REMEMBERED, that on this the 12th day of August, 1957, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, a Regular Term of the Commissioners' Court within and for said County and State, same being the Regular August Term, 1957, and there were present on these dates the following officers of the Court, to-wit: HOWARD G. HARTZOG, County Judge FRANK E. WEDIG, Commissioner, Pro 1, R. F. KE11PER , Commissioner, Pro 2, ERNEST H. RADTKE, Commissioner, Pro 3, CLARENCE BARTON, Commissioner, Pro 4, MAURICE G. WOOD, County:::Clork, .. - - .. .. , .. .. .- - - I whereupon, the following orders were made and entered by said Court, to-wit: APPOINT~ffiNT.DRAINAGE DISTRICT NO. 7 . On motion by Commissioner Barton,' seconded by Commissioner Kemper and unanimously carried, the Court authorized the appointment of Mr. Fisher Smith as Commissioner of Drainage District No.7. - - - - - - - - - - - - - - - - - - - - BAND STAND On motion by Commissioner Wedig, seconded by COIT@issioner Radtke and unanimously adopted, the Court authorized ~he moying.of ~he ~and S~and from the Courthouse square to ~he City's proposed waterfront park. BIDS ASPHALT I On motion by Commissioner Barton, seconded by'Commissioner Kemper and unanimously carried, the Court ordered that the bid of J. Carroll Weaver, only bid received, be recorded and held for further consideration. . The bid of J. Carroll Weaver, Contractor, of Sinton, Texas is as follows: -- .. -- .. ' For your various one course surface treatments and seal coat on your County roads according to your specifications, I quote in place as follows: MC-l 191 per gal. OAl75 191 per gal. B-3 or 4 Rock. ........$8.25 per C. Y. Port O'Connor job change Rock to $9.25 per C. Y. . BIDS-PRINTING WARRANTS On motion by Clarence Barton, seconded by R. F. Kemper and unanimously carried, the Court ordered the bids for the printing of County Warrants tabled for consideration until Tuesday, August 13. 1957. - - - - - - - - - - - - - - - - - - - - - I INSULATE BUILDING On motion by Commissioner Barton,,~econded by Commissioner Radtke and unanimously carried, the Court authorized the insulation of the building used for County Court. PUBLISH NOTICE-BUDGET HEARING I On motion by Commissioner Radtke, seconded by Commissioner Barton and unanimously adopted, the Court authorized publication of Notice of Budget Hearing on August 30, 1957 at 10:00 A. M. NOTICE OF BUDGET HEARING As provided in Article 689 (a) 11 Revised Civil Statutes of Texas, as amended, notice is hereby given that the Commissioners' Court of Calhoun County, Texas, will conduct a public hearing in their regular meeting place in the County Courthouse in the City of Port L~vaca on the proposed budget for said County for the calendar year 1958. . l ..... r- 459~ >-- -~ - - .- - .---._." -~ _. -.---- .._.". -- . Said hearing will commence at 10:00 A. M. on the 30th day of August, 1957. Any taxpayer of Calhoun County has the right to attend and partici- pate in said hearing. By order of the Commissioners' Court. I sl Howard. G. Hartzog County Judge, Calhoun County, Texas. ~ESIGNATION-WEST SIDE NAVIGATION DISTRICT I On motion by Commissioner Barton, seconded by Commissioner Wedig and unanimously adopted, the Court accepted with regret, the resignation of Mr. Sam H. Day as Commissioner of West Side Navigation District. RESIGNATION-CONSTABLE, PRECINCT No.5 On motion by Clarence Barton, seconded by Ernest H. Radtke and unanimously adopted, the Court accepted the resignation of Mr. Grady Malone, Constable of Precinct No.5, as of August 15th, 1957. . CORRECTION OF MINUTES-APPROVE PLAT FOR RECORDING I ON THIS, the 12th day of August, 1957, at a Regular Term of the jCmnmiSSioners Court of Calhoun County, on motion by Commissioner Radtke and seconded by Commissioner Wedig, the Court authorized approval and ~ecording of the plat for the Schicke Subdivision No.5 and 6 of the ~chicke Estate, thereby correcting an omission in the Minutes of November 8, 1956, at which session said plat was approved but inadvertantly omitted from the Minutes. The motion was unanimously adopted. I ~CCEPT BID-PRINTING COUNTY WARRANTS ~ On this, the 13th day of August, 1957, at a Regular Term of the Commissioners' Court, with all members of the. Court being present, on motion by Commissioner art on, seconded by Commissioner Wedig and unanimously carriedl the Court accepted the low bid of Calhoun County Times in the amount of ~131.70 for the ~rinting of County Warrants. The following bids were submitted: THE CALHOUN COUNTY TIMES: Bid No. I $131.70 $209.38 $365.85 THE GEO. D. BARNARD CO.: Bid No.1 Bid No.2 additional for imprinting 7500 sets with name and number of paying bank.,.. ...............$32.50 . THE PORT LAVACA WAVE: Bid No. 1 Bid No.2 additional charge for card bond, binding and a second imprint press run........... ..........".... .$52.25 $140.55 $200.00 MAVERICK-CLARKE: Bid No.1 Bid No.2 $237.00 $383.00 ,I ~PPROVAL OF BILLS On motion by Commissioner Radtke, seconded by Commissioner Barton and unanimously carried, the Court approved July bills Nos. 14 through 280. I . ,. .... ""-460 - PPROVE TREASURER'S REPORT FOR JULY, 1957 . On this, the 12th day of August, 1957, at a Regular Term of the Commissioners' Court of Calhoun County, Texas, Miss Mary St~phens, County Treasurer, presented her report for the month of JUly, 1957, and it having been read in open court and the Court having duly considered the same together with the exhibits accompany- ing same, and having compared balances in the various accounts and finding said report to be correct, on motion duly made, seconded and unanimously carried, the County Treasurer's Report fo'r 'the 'niorith'9fJtily,' '1957, be and the same is hereby approved. . It is so ordered. TAX ASSESSOR-COLLECTOR~S REPORT On this, the 12th day of August, 1957, at a Regular Term of the Commissioners' Court of Calhoun County, Texas, Mrs. C. V. Guidry, Dep!1ty, presented the Tax !Assessor-CollectDr's Report for the months of, May,- June and July" 1957-, and, , it having been read in open court, and the Court having duly considered the same, together with the exhibits accompanying same, and having the balances compared in the various acoounts, finds that said report 4ls correct; 'on -motion duly , , , ade, seconded and unanimously carried, the Court ordered that the Tax Assessor- Collector's Report for said months be, and the same is hereby approved. , It is so ordered. ISTRICT CLERK FEES On this, the 13th day.,of August, 1957,_ on motion by Commissioner Barton, seconded by Commissioner Radtke and unanimously adopted, the Court approved the new fees for the District Clerk's Office, under Article 3927, effective !August 22, 1957. bMERGENCY TEl-lPDRARY AI: - - - - - . - - - -, -., -. - -. - _ - . - , On motion by Commissioner Barton, seconded by Commissioner Radtke and unanimously carried, the Court authorized emergency aid in the amount 'of , '.' $5.00 per week for a period of three weeks,'in the for~ of grocery requisitions to Vela's Grocery store, for Booker T. Robinson, County TB patient. INSURANCE FOR EMERGENCY UNIT , On motion by Frank Wedig, seconded by Clarence Barton and unanimously adopted, the Court ordered that the County pay for the insurance on the ort Lavaca Volunteer Fire Department Emergency Unit. . EJECT BID-READVERTISE-ROAD SURFACING On motion By Commissioner Radtke, seconded by Commissioner Kemper and unanimously adopted, the Court ordered that the bid of J.,Carroll Weaver be rejected, and that the bid be re-advertised with bids to be opened and ublicly read on AUgust 30, 1957, at 11:00 A..M., at a Special Session of the Commi ssioners'. Court. " CONSIDER APPOINTMENT .. ............... 't On motion by Commissioner Wedig, seconded by Commissioner Kemper and nanimously carried, the Court ordered that the appointment of a Constable for Precinct No.5 be taken under advisement for,further consideration. - - - - - - - - - - - - - - -------- - - - - - - - On motion by Commissioner Wedig, seconded by Commissioner Kemper and unanimously carried, the Court recesse9. until Friday, August 16., 1957. - - - - _: - - - - - - - _ _ __-____h . _ ~ ... ~ 00" ~ ~ eo ~ , . I I . 1 '1 . r- ""'III 461 '. . SHERIFF'S DEPARTMENT-LETTER OF REQUEST 1 On this, the 16th day of August, 1957, on motion by Commissioner Barton, seconded by Commissioner Kemper and unanimously carried, the Court granted the following request of Sheriff D. B. Halliburton: Honorable County Judge & Commissioners Court Calhoun County Port Lavaca, Texas Gentlemen: I The following information is for your study and consideration. I would like to make the following recommendation due to the harvesting season and hurricane disaster area in order to elevate our Sheriff's Department toward a standard in giving our citizens and tax payers better service. In the past seven months our present help have worked long hours each day and standing by for additional calls when needed at night seven days per week and always working or alerted to stand by on holidays when we need law-enforcement the most. In conversation with Mr. James Houlihan, our County Auditor, to which he has certified owe bave a balance allowed for our fiscal year available for the following changes and recommendations I am submitting: . Effecti ve August lst, subject to your approval: R. J. Grantland 1~300.00 to $310.00 H. B. Burris 300.00 to 310.00 Jean Paul 200.00 to 210.00 A. L. Bownds 80.00 to 90.00 o. W. Yeats 50.00 to 75.00 This increase for five employees amounts to $325.00 for the balance of the fiscal year. Leland Boyd (part time employee effective Aug. 1) Maryin Williams (effective August 16) 50.00 310.00 I With the recommended increase and additional belp amounts to $1970.00 Proposed one additional dispatcher in order to in_' crease our service to twenty-four hours 900.00 SUM!~RY: Excess amount over past regular expend- iture Less proposed expenditure $3810.05 2870.00 liP 940.05 Note the balance of $940.05 to which we will have in our reserve in salary fund for the balance of the fiscal year. . Yours very truly, SiD. B. Halliburton Calhoun County, Texas ------------- ----- I ~XTRA HELP-TAX ASSESSOR-COLLECTOR OFFICE On this, the 16th day of August, 1957, on motion by Commissioner Wedig, seconded by Commissioner Radtke and. unanimously adopted, the Court authorized ~he expenditure of $500.00 for extra help in the Tax Assessor-Collector fffice; and that ~h: ~u~g:t_b: :m:n~e~ :o_c~v:r_S~i~ :x~e~diture. bOURTHOUSE PLANS I On motion by Con~issioner Barton, seconded by Commissioner Wedig fnd unanimously carried, the Court ordered that the County supply 35 '~dditional sets of plans of the Courthouse. I ------------------ --- bRDER OF INTENTION TO ISSUE TIME WARRANTS lrHE STATE bOUNTY OF OF TEXAS 0 o CAnHOUN 0 . THE COYMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS, onvened in Regular Session at the County Courthouse in the City of Port avaca, Texas, on the 16th day of August, 1957, with the following members present, to-wit: HOWARD G. HARTZOG, FRANK E. WEDIG, R. F. KEMPER, County Judge, Commissioner, Pr.l, Co~~issioner, Pr.2;, .... 462 00" ~ 4 "=I, t':O . ERNEST RADTKE, CLARENCE BARTON, MAURICE G. WOOD, Commissioner, Pro 3, Commissioner, Pr.4, County' Clerk, when the following business was transact.ed: . ;,; . Commissioner Barton introduced an order and moved its adoption. The motion was seconded by Commissioner Wedig and carried by the following vote: AYES: All NOES: None the order thus adopted follows: BE IT ORDERED, ADJUDGED AND DECREED by the County Commissioners' Court of Calhoun County, Texas: I 1. That it has been found and declared that it is necessary to purchase land for right of way and to clear such land for ri@mt of way on FM No. 2433 and certain other roads within Calhoun County to be designated by the State Highway Department and that TIME WARRANTS of said County should be issued to defray the cost of purchasing land for right of way and the payment of damages and services to be incurred in the procurement and clearing of such right of way. . 2. That the County Auditor is hereby authorized to cause notice in substantially the following form to be published as required by law: I NOTICE OF INTENTION TO ISSUE RIGHT OF WAY TIMEKWARRANTS . THE STATE OF TEXAS ~ ~ COUNTY OF CALHOUN ~ , . . . . NOTICE IS HEREBY GIVEN, in accordance with Baw, that the Commissioners' Court of Calhoun County, Texas, will pass an order on the 9th day of September, 1957, AUTHORIZING THE ISSUANCE OF RIGHT OF WAY TIME WARRANTS in the principal sum of not to exceed Fifty Thousand and NollOO Dollars ($50,000) bearing interest at the rate of not to e~ceed Three per Cent (3%) p,er Annum, with a maximum maturity date of tne years, with option of redemption at any date prior to maturity; for the purpose of paying claims to be incurred in the purchase of right of way and for payment of damages or ser~ices to be incurred in the procurement and clearing of suc~ right of way within Calhoun County to be designated by the State Highway Department. THIS NOTICE IS GIVEN PURSUANT TO AN ORDER OF THE CO~~ISSIONERS' COURT OF CALHOUN COUNTY, TEXAS, PASSED ON THE 16th DAY OF AUGUST, 1957. I . sl James F. Houlihan, County Auditor, Calhoun County, Texas . ---- - Attest: sl Maurice G. Wood County Clerk, Calhoun County, Texas . . ADOPTED THIS 16th DAY OF AUGUST, 1957. ~ . _ _ " _ _ _ _ v _ _ _ , Attest: SI Maurice G. Wood County (;lerk .. - - , - - - sl Howard G. Hartzog County Judge S( Frank E. Wedig Commissioner, Pro 1 sl R. F. Kemper -- - - Commissioner, p.r. 2 SI Ernest H. Radtke Commissioner, Pr, 3 sl Clarence Barton Commissioner, Pro 4 - .. , -- , -, , . I . 1 . , ') .... r- ... 463 . FARM TO MARKET DESIGNATION On motion by Commissioner Radtke, seconded by Commissioner Wedig and unanimously adopted, the Court approved the following Minute Order: I THE STATE OF TEXAS 0 I COUNTY OF CALHOUN 0 IN THE COMMISSIONERS' COURT FARM TO MARKET DESIGNATION I WHEREAS, the approval of the Commissioners' Court of the next Farm to Market designation for Calhoun County has been requested by Mr. M. G. Cornelius of the Yoakum office and Mr. W. A. King of the Victoria office of the State Highway Commission and WHEREAS, a delegation from Jackson County has requested the cooperation in a joint Farm to Market program between Jackson County and Calhoun County for the improvement of the county road leading from Edna, Texas to the public docks of the Calhoun County Navigation District on Lavaca Bay and WHEREAS, the 1957 traffic report discloses a daily traffic count on said county road of 605 to 535 cars per day and is the only county road, not now m?intained by the State, which carries such traffic . THEREFORE, be it resolved by the Commissioners' Court of Calhoun County that Calhoun Gounty will provide rigt-of-way from the public docks at Point Comfort to the Jackson ~ounty line One Hundred feet in width, conditioned that the Commissioners' Court of Jackson County likewise agrees to furnish the right-of-way in Jackson County and the State Highway Department agrees to take over and maintain the same as a part of the State Farm to Market system; That the secretary of this Court be instructed to forward copies of this Minute Order hExXRaK to the Commissioners' Court of Jackson County; to Mr. W. A. King, Mr. M. G. Cornelius and Mr. DeWitt Greer of the State Highway Commission and I IT IS SO ORDERED THIS THE 16th DAY OF AUGUST, 1957. Attest: S!Howard G. Hartzog County Judge sl Maurice G. Wood, County Clerk - - - - - - - - - - - - - - - - - - - MINUTES AND ADJOURffi1ENT . ON THIS, the 16th day of August, 1957, at a Regular Term of the Commiss- ioners' Court of Calhoun County, Texas, on motion duly made, seconded and unanimously adopted, the Minutes of the previous meeting of July 22, 1957, were read and approved. I t'(~g,!tf~ - -- - - - - - - - - - - - I . ..... .... ~ 464 --~--- 00" ~ ~ t:<::J -~, . SPECIAL AUGUST TERM HELD AUGUST 19, 1957 'I BE IT REMEMBERED, that on this the 19th day of August, 1957, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, a Spceial Term of the Commissioners~ Court within and for said County and State, same being the First Special August Term, 1957, and there were present on this date the following officers of the Court, to-wit: HOWARD G. HARTZOG, FRANK E. WED;I:G, R:::F: TKEMPER:;.c,::::" CLARENCE BARTON, MAURICE G. WOOD, County Judge, Commissioner Pro 1, Commissioner Pro 2,. , . Commissioner Pro 3, County Clerk, )" I whereupon, the following orders were made and entered by said Court, to-wit: - - - - - - - - - - - - - - - - - - - - - ADVERTISE FOR BIDS-FAIR GROUND BUILDING On motion by Commissioner Barton, secGnded by Commissioner Wedig and unanllimously adopted, the Court authorized publication of Notice to Bidders for met~l building for the Fair Grounds. NOTICE TO BIDDERS . Sealed bids, plainly marked to indicate contents, will be received oy, the County Auditor of Calhoun County, Texas, at his office in the Commissioners' Court Building in Port Lavaca, Texas, or at P. O. Box 627, until September 9, 1957, at whiCh time they will be opened and pulicly read at a Regular Term of the Commissioners' Court, said bids being to provide and to erect one metal clad building, size 50' x 100' at a designated. site on the Calhoun County Fair Grounds, subject tothe following stipulations: . t . 1). Bidder will furnish all materials and labor necessary for a complete bUilding, including foundation. 2). 4 inches . Bidder will remove all grass, shrubs, prior to placing sand fill. etc. , to a minimum depth of I . 3). Floor level shall be a minimum'of 12 inches above finished grade. 4). J"oundation and floor slab shall be reinforced 2500 lb. concrete sufficient to withstand a live floor load of 125 lbs. 5). Building shall be guaranteed (a) to withstand a wind force of 125 m.p.h. and (b), to be watertight. _ - - ' , ,. - , , ,. - . ' 6) . 7). built-in 12' and 2 Roof will include 8 plastic ~kylights and 4 circular vents. Bidder will furnish following: 2 overhead door 3' x 6'8" in front of overhead doors; rest rooms ,with plumbing. doors 12' x 16' and 1 one office sealed 10' x . 8). wiring; Bidder wi1lJ,furnish following windows: 30 drop lights; 28 electric outlets. 24 aluminum windows 3' x5'; 9). Bidder will furnish with his bid a'pian of the proposed building, including a detailed sketch of the foundation, showing construction, size of structural members, gauge of covering metal, type of doors, type of windows, type of plastic skylight, type of vent and other pertinent details. 10). The building shall be completed Vctober I, 1957. I 11). Said bid will be accompanied by a cashier's check in an amount equal to 5% of the amount bid, said check to be returned upon the selection and qualification of the sUccessful bidder. 12). ~he successful bidder shall furnish at his Q~n expense a bond for 100 /0 of the cost of the building, said bond to remain in force f,or.a period of 1 year after completion and acceptance of buildings. _J-' . 13). ~he successful bidder will b~ req~ired to car~y, through ~ocal agents, \al workmen's e6mpensation and 80ntractors General and Contractors Protective Liability Insurance for bodily injury (limits $100,000/300,000) and for property damage (limits $50,000/100,000) and (b) Owner's Protective Liability Insurance for the same amounts. . ,I . . l ~ .... ""'Il 465 . 14). ight to right to The Commissioners' Court reserves accept any bid or bids deemed most reject any or all bids. the right to waive formalities, the advantageous to the County and the By order of the Commissioners' Court August 19, 1957. I SJ James F. Houlihan (;ounty Auditor, Calhoun (;ounty, Texas ttest: I Maurice G. Wood County Clerk 1 ~PPOINTMENT-CONSTABLE, PRECINCT NO. 5 I On this, the 19th day of August, 1957, on a motion by Commissioner ~rank Wedig, seconded by Commissioner R. F. Kemper and unanimously adopted, the Court appointed Mr. Claude W. Goode as Constable of Precinct Number ive, effective upon the filing of Bond and Oath of Office as provided by law, to fill the unexpired term of Mr. Grady Malone. IT IS SO ORDERED THIS THE 19th DAY OF AUGUST, 1957. . CALHOUN COUNTY COURTHOUSE DEMOLITION August 6, 1957 I have this date inspected the site for the new Courthouse and find all demolition work completed by Demolition Contractor. All of the old building emoved to first floor slab except four column bases approximately 12" above floor slab. For leaving these bases the contractor is allowing a credit of $50.00. sl L. F. Pratt Field Superintendent Rustay and Martin 1 I INUTES AND ADJOURNMENT I ON THIS, the 19th day of August, 1957, at a Special Term of the Commissioners' Court of Calhoun County, Texas, on motion duly made, seconded and unanimously adopted, the Minutes of the previous meeting of August 12, 1957, were read and approved. . ttest: I I, . . ..... .... ....466 SPECIAL AUGUST TERM , HELD AUGUST 23, 1957 THE STATE OF TEXAS I I COUNTY OF CALHOUN 0 BE IT REMEMBERED, that on this the 23rd day of August, 1957, there was begun and holden at the Courthouse in the City of Port Lavaca, Said County and State, a Special Term of the Commissioners' Court within and for said County and State, same being the Second Special August Term, 1957, and there were present on this date the following officers of the Court, to-wit: HOWARD G. HARTZOG, FRANK E. WEDIG, R. F. KEMPER, CLARENCE BARTON, MAU~UCE .G. WOOD, County Judge, Commissioner Pro 1, Commissioner Pro 2, Comm'issioner Pro 4, CountysClerk, . whereupon, the follow~ng orders were made and entered by said Court, to-wit: - - - - -- - - RADIO-CIVIL DEFENSE UNIT On motion by Commissioner Barton and seconded b~ Commiss~onerWed}g,- ' the Court unanimously passed the following order: THE STATE OF TEXAS 0 o COUNTY OF CALHOUN I IN THE COMMISSIONERS' COURT WHEREAS, in the event of an emergency due to hurricanes or other disaster, the community of Port O'Connor would be especially vulnerable and WHEREAS, there being only telephone contact with ~he said community, it is believed that in the best interest of the co~~~it~,tqe Calhoun Gounty Civil Defense Unit in Port,O'Connor should have a radio for communication in times of emergency THEREFORE, it is hereby ordered tha-t -the ,two-way 'radio now 'in'the' -- custody of JUdge Frank Kelley be installed in the Calhoun County Fire Truck, ' Civil Defense Unit at Port O'Connor, Texas, as per the agreement of Judge Kelley. BY ORDER OF THE COMMISSIONERS' COURT OF C~HOUN COUNTY, TEXAS, ON THIS THE 23rd DAY OF AUGUST, 1957. , . !Attest: ISI Maurice G. Wood ' l . (;ounty Clerk ISPATCHERS-SHERIFF'S sl Howard G. Hartzog County Judge, Calhoun (;ounty -------------- DEPARTl"JENT On motion by Commissioner Wedig and seconded by Commissioner Barton, the I~ourt approved the hiring of two dispatchers for the Sheriff's Department as ollows: J. T. Ballard, dispatcher, effective August 1, 1957 at $200.00 per month. This is a temporary appointment pending approval of ability and satisfact- ory operation of base radio station, and no deputyship is recommended at this time. Leonard Villarreal, effective August 16, 1957, at $200.00 per month, dispatching regular duty as operating base station and Deputy Sherr~f at any such time as services needed twenty-four hours per day. -- - - - - - - - - - - - - - - - - - - ~ " . . , 00 1~ ~ 1:r.:.1 t),J. , . . I I . I . I I . .....l1lI ~7"" --------, - . PETITION FOR ROAD-PRECINCT NO.4 I THE STATE OF TEXAS ~ o COUNTY OF CALHOUN 0 IN THE COMMISSIONERS' COURT I ON THIS, the 23rd day of August, 1957, came on for consideration the petition of Elgah L. Hinson ana seven other persons for the opening of a sixty foot public road in Precinct Number Four, and it being called to the attention of the Court the probability that one of the signers may not be a qualified freeholder because of age, and as a consequence, the jurisdiction of the Court mayor may not be proper, THEREFORE, on motion made by Commissioner Wedig and secnoded by Commissioner Kemper, it was unanimously ordered that the petition be referred to Mr. Jack Fields, County Attorney, for further investigation and a SUbsequent report to eht Court at the next Regualr Term, September 9, 1957. BY ORDER OF THE COMMISSIONERS' COURT OF CALHOUN CGUNTY, TEXAS, ON THIS, THE 23rd DAY OF AUGUST, 1957. . sl Howard G. Hartzog County Judge Attest: sl Maurice G. Wood \Jounty Clerk July 22, 1957 To the Commissioners Court Of Calhoun County, Texas I We the undersigned freeholders, O1.ners of interests in land in the vicinity of the route of a proposed 60 foot road in Precinct No.4 from Seadrift Cemetary road at the Everitt Wooldrigge corner, by tracts 460 and 461 across to the Port OICor~or Highway, petitxon that such road be open as a County road. Respectively submitted, . sl 1. Elgah L. Hinson 2. Gerald F. McCown 3. Mrs. G. F. McCown 4. G. G. Gillespie 5. Mrs. Glenn Gillespie 6. Arthur White 7. Marilyn Whi te 8. James D. Hinson APPROVE BOND AND OATH-CGNSTABLE, PRECINCT No.5 ON A MOTION DULY MADE, seconded and unanimously adopted, the Court approved the Bond and Oath of Office of Mr. Claude W. Goode as Constable of Precinct Number Five. I LATERAL ROAD ACCOUNT On motion duly made, seconded and unanimously carried, the Court ordered Judge Howard Hartzog to request the return of the sum of $10,123.35 due on the Lateral Road Account. I Mr. Joe Nelson, Director, Board of County and District Road Indebtedness, Austin, Texas Dear Sir: Re: Calhoun County Lateral Road Funds. This will acknowledge your letter of July 26, 1957. The Court herewith request the return to us of the sum of $10,123.35 of Calhoun County Lateral Road Funds to be employed for the purpose of purchase of road. material for County roads. . Yours very truly, Commissioners' Court Calhoun Vounty, Texas By Howard G. Hart7.og, County Judge ... ~~'8, tt:l ,. MINUTES AND ADJOURNMENT ON THIS, the 23rd day of August, 1957, at a Special Term of the Commissioners' Court of C~houn County, Texas, on motion duly made, seconded and unanimously adopted, the Minutes of the previous meeting of August 19, 1957 were read and approved. I , I SPECIAL AUGUST TERM HELD AUGUST 30, 1957 I THE STATE OF TEXAS 0 o COUNTY OF CALHOUN 0 BE IT REMEMBERED, that on this the 30th day of August, 1957, there was begun and ho14en at the Courthouse in the City of Port Lavaca, said County and State, a ~pecial Term of the Commissioners' Court within and for said County~and State, same being the Third Special August Term, 1957, and there-, were present on this date the following dfficers of the Court, to-wit: . HOWARD G. HART~OG, FRANK E. WEDIG, R. F. KEMPER, ERNEST H. RADTKE, CLARENCE BARTON, MAURICE G. WOOD, County Judge, Commissioner Pro I, Commissioner Pro 2, Commissioner Pro 3, Commissioner Pro 4, County Clerk, whereupon, the following orders were made and entered by said Court, to-wit: ODEO PENS-FA[R GROUNDS I On motion by Commissioner Radtke, seconded by Commissioner Kemper and unanimously carried, the Court approved plans for rodeo pens and authorized advertisement for bids to be opened on the 16th day of September, 1957. NOTICE TO BIDDERS Notice is hereby given that bids for construction of rodeo pens at the County Fair Grounds, as per plan on file at the County Court BUilding, will be received on August 16, 1957, at 10:00 A.M.; at which time they will be opened and publicly read. The Court reserves the right to waive techilic'alit'ies 'and- the right to reject any or all bids. .. BY ORDER OF THE CO}rnISSIONERS' COURT, ON THIS, THE 30th ,.:: ~, .'c;__DAY OF AUGUST, 1957. ttest: I I Maurice G. Wood County Clerk sl James F.'H6ulinan County Auditor I .' I l, . . - ~-- - - - .. ~ ,... /j'9 -, . , JUDGET,' HEARING I Et a Special Term of the Commissioners' Court in and for Calhoun ounty, Texas, held in the Regular Meeting Place of said Court in the County ,ourthouse in the City of Port Lavaca at 10:00 A.M. on the 30th day of August ~957, with County Judge Hartzog presiding, and Commissioners Wedig, Kemper, ~adtke, and Barton present and the County Auditor and the County Clerk in ~ttendance, there having come on for hearing the Public Hearing on the ~ounty Budget for the calendar year 1958, and, it appearing to the Court that otice of said Public Hearing had been published in a newspaper of county- ide circulation as required by law, and it appearing to the Court that all ~ho desired to be heard on said County Budget had been given full opportunity to express themselves on same, it was moved by Commissioner Barton that the ~udget for Calhoun County, Texas, for the calendar year 1958 as prepared by ~he County Judge and the County Auditor and as presented to the Court and ~hose in attendance at the Public Budget Hearing BE, AND THE SAME IS HEREBY, DOPTED AS THE BUDGET FOR CALHOUN COUNTY, TEXAS, FOR TIlli CALENDAR YEAR JANUARY st THROUGH DECEMBER 31st, 1958. I Motion seconded by Commissioner Radtke. Question. Commissioner Wedig voted AYE. . Commissioner Kemper voted AYE. Commissioner Radtke voted AYE. Commissioner Barton voted AYE. Motion carried. IT IS SO ORDERED. ttest: sl Howard G. Hartzog, County Judge in and for Calhoun County, Texa~ I I Maurice G. Wood, County Clerk and Ex-Officio Clerk of the Commissioners' Court, Calhoun County, Texas. - - - - - - - - - - - - - - - - - - - - - - - . OSTPONE ACCEPTING BID-ASPHALT l On motion by Commissioner Barton, seconded by Commissioner Wedig and nanimously carried, the Court postponed accepting a bid for asphalt and road work so that all bids received could be thouroughly examined and ['valuated. The Ccurt will meet on September 3rd at a Special Meeting to elect the lowest bid. - - - - - - - - - - - - - - - 'OMMISSIONER. WEST SIDE NAVIGATION DISTRICT On motion by Commissioner Wedig, seconded by Commissioner Radtke and nanimously adopted, the Court appointed Mr. Sidney Albright to fill the nexpired term of ~r. Sam Day as Commissioner of West Side Navigation istrict. - - - - - - - - - - - - - - - - I ANITOR'S SALARY lion motion by Commissioner Wedig, seconded by Commissioner Barton and ~nanimoUslY carried, the Court ordered that the salary of Lupe Zamoa be aised from $70.00 per month to $125.00 per month, effective September 1st. - - - - - - - - - - - - - - - - - - I . - - .- -- ~- C'.l ~-~ ~) i"J , , l-":, ~ OLt ~CJ ... ~ ft9 If. ., . I BIDS RECEIVED ON ASPHlL T.--OPENED AND READ AUGUST WHITEIS UVALDE MINES: #1 stone and #3 stone # 4 stone II 5 and # 6 Nos. 7, 8, 9, and 10 30,1957 $1.J5 per ton 1.50 1.60 1.80 . F. o. B. our mines. I DEAN PAVING CONTRACTOR: Furnish and apply OA175 asphalt, heat, haul & apply $ .1550 per gaL Furnish MCl prime oil, heat, haul and apply $.1590 County to furnish, aggregate and haul to stockpile near job site. Will load, haul, spread, broom and roll aggregate from said stockpile on Gob site until satisfactory to County Commissioners...$1.60 per C.Y. BRANNAN BROS. CONSTRUCTION CO: Prct. #1, Bid #1, Contractor furnishing all material. 1. Furnish & 2. II J1 3. H 11 app,ly MCl Road oil $.1495 I OA175 asphalt .1495 " #3 Uvalde cover- stone $6.25 per gal. " IT per C. Y . . Alternate Bid: 1. We will furnish and apply Servi-Tex #4 coverstone for $7.00 per C.Y. Bid No.2. County furnish coverstone stockpiled on job site. 1. will load, haul, spread, broom and roll conerstone furnished by County for $2.10 per G.Y. . 2. Furnish and apply MCl road oil- $.1495 per gal. 3. " " " Oa175 asphalt- .1495 " " Prect. No.2 I Bid No.1 - Contra~tor furnishing all materials. 1. Furnish and apply MCl Road Oil $.1495 per gal. 2." " " OA175 Asphalt .1495 " IT 3." " "#3 Uvalde Golllerstone $6.50 per C.Y. Alternate Bid: 1. We will furnish & apply Servi-Tex #4 Ooverstone - $7.00 C.Y. Bid No.2- County furnish Coverstone stockpile d on j obsi te. 1. Will load, haul, spread, broom & roll coverstone furnished by county:$c.l0 C.Y. 2. Funnish & apply MCl Road Oil for $.1495 per gal. 3." ,,1, OA1?5 Asphalt .1495"" Prct. No.4 Bid No.1 - vontractor fur~fushing all materials. ~: Furp,ish t. ap,ply ~~i7~o~~p~;it :i~t p~r #al. 3. It "It #3 Uvalde Coverstorne for $6.90 per C.Y. Alternate Bid: 1. We will furnish & apply Servi-Tex #4 Coverstone $7.50 C.Y. jobsite. furnished by County Bid No. 2 - (jounty furnish Coverstone stockpiled on 1. Will load, haul, spread, broom & roll Coverstone for $2.10 per C.Y. 2. Furnish & afrply MCl tload Oil 3. It "r OA175 Asphalt .15~ per gal. .15t" It . WAYCHOFF BROTHERS CONTRACTORS: I MCl Prime per gallon OA 135 or OA175 Asphalt Aggregate per Cu. Yd. .1590 .1590 per gaL 7.60 Alternate Bid: MCI prime per gallon .1590 OA 135 or OA175 Asphalt .1590 Aggregate to be worked form County stock pile on job site for TWO DOLLARS AND FIFTY CENTS ($2.50) PER YARD. I . ~ -.-- ~ ... r- ft,~ . GEO. L LOWMAN & CO. MC-l @ $.20 per gallon OA 175 .20 II II . B3 or B4 Aggregate @ $8.35,per Cubic Yard: Port O'Connor Aggregate @ $9.40 per Cubic Yard. ( .. --------- ------- I . . , I . ~ ~ . . .. . I: -~ . . , . , . . , " . , '" .. , . , , I , I~ . ~ r f7CJ . NDIGENT AID On motion by Commissioner Barton, seconded by Commissioner Radtke and nanimously carried, the Court authorized the placing of Mr. Henry West in the Twin Pines Rest Home in Victoria, Texas. I, MINUTES AND ADJOURNMENT- ON THIS, the 30th day of August, 1957, at a Special Term of the Commissioners' Court of Calhoun County, TeXas, on motion duly made, , seconded and unanimously adopted, the Minut of the previous meeting of August 23rd, 19S7, were read and appr I -, FPECIAL SEPTEMBER TERM BE STATE OF TEXAS ~ ~ COUNTY OF CALHOUN ~ . HELD SEPTEMBER 3, 1957 " - '- BE IT REY~r1BERED, that on this" the 3rd'day of September, 1957, there was egun and holden at the Courthouse in the City of Port Lavaca, said County and state, a Special Term of the Commissioners' Court within and for said pounty and State, same being the First Special September Term, 1957, and there ere present on this date the following officers of the Court, to-wit: HOWARD. G. HARTZOG, FRANK E. WEDIG, R. F. KEMPER, ERNEST H. RADTKE, CLARENCE BARTON, MAURICE G. WOOD, County Judge, Commissioner Pro 1, Commissioner Pr.2, --Commissioner p.r. 3,-- Commissioner Pro 4, County Clerk, , I ~ -.; I"hereupon, the fOlloWi~g_ o::ders ~e::e_ m~d: and :n~e::e~ ~y_ S:i~ Court,. to-wit: bOURTHOUSE AND FAIRGROUNDS ~ Mr. Phil Marquette, Chairman of the Courthouseand..Fair Grounds, --, I uilding Advisory Committee on plans and engineering appeared in behalf. of the ommittee and reported the Con~ittee's approval of the b~ue print plans and ~pecifications for the construction of the Courthouse, Jail and Agricultural . Buildings as prepared by Rustay and Martin, Architects, . . THEREUPON, on motion made by Clarence Barton, seconded by Frank Wedig ~nd unanimously adopted, the plans and specifications for the construction of ~he Courthouse, Jail and Agricultural Buildings as prepared-by Rustay, and. .' Martin, Architects, were ordered approved and bids advertised; and further, ~hat Rustay and Martin are rotgorized to set the date of opening said bids for any period of not less than six weeks from date. , I IT IS SO ORDERED. ~ - -.- - - - - - -- - - - - -: CCEPT BIDS-ASPHALT - - . , " - - -"- l On motion by Clarnece Barton and seconded by Frank Wedig, the Court nanimously accepted bids on Asphalt as follows: Brannan Bros. Construction Co.: Bid No.1 accepted for Precinct No.1 and No.2. I Dean Paving Contractor: Bid No.2 accepted for Precinct No.4. . ~ ... o ~ .... 411 ""'Il . REGULAR SEPTEMBER TERM HELD SEPTEMBER 9, 1957 I THE STATE OF TEXAS I I COUNTY OF CALHOUN I BE IT REMEMBERED, that on this the 9th day of September, 1957, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, a Regular Term of the Commissioners' Court within and for said County and State, same being the Regular September Term, 1957, and there were present on these dates the following officers of the Gourt, to-wit: I HOWARD G. HARTZOG, FRANK E. \-iEDIG, R. F. KEhPER, ERNEST H. RADTKE, CLARENCE BARTON, ~lAURICE G. WOOD, County Judge, Commissioner, Pr.l, Comnlissioner, Pr.2, Commissioner, Pr.3, Commissioner, Pr.4, County Clerk, whereupon, the following orders were made and entered by said Court, to-wit: . LATERAL ROAD REFUND On motion by Co~ssioner Barton, seconded by Commissioner Kemper and unanimously carried, the Court ordered that the $lO,123.35 Lateral Road Refund be divided e~ually among the four County Precincts as follows: Precinct No.1, $2,530.84 Precinct No.3, $2,530.84 Precinct No. 2,,$2,530.84 Precinct No.4, $2,530.83 ACCEPT BID-METAL BUILDING ON FAIR GROUNDS I On this, the 9th day of September at a Regular Term of the Commissioners' Court of Calhoun County, on motion by Commissioner Barton, seconded by Commissioner Radtke and unanimously carried, the Court authorized the accept- ance of the low bid of the W. H. Parker Co. of Port Lavaca, from the following bids submitted: W. H. Parker, Port Lavaca, $17,279.00 Marshall Lumber Co., Port Lavaca $17,860.00 . ORDER AUTHORIZING ISSUANCE OF RIGHT OF WAY ,TIME WARRANTS THE STATE OF TEXAS 0 I COUNTY OF CALHOUN I ON THIS, the oth day of September, 1957, the Conwissioners' Court of Calhoun County, Texas, convened in Regular Session at a Regular Term of said Court at the usual meeting place thereof, with the following members present, to-wit: 1 HOWARD G. HARTZOG, FRANK E. WED IG , R. F. KEMPER, ERNEST H. RADTKE, CLARENCE BARTON, MAURICE G. WOOD, County Judge, Commissioner Pro 1, Commissioner Pro 2, Commissioner Pro 3, Commissioner Pro 4, County Clerk, when the following order was passed, to-wit: I WHEREAS, this Court has heretofore determined the advisabi~ity of purchasing right of way and c,learing same on FM 2433 and certain other roads within Calhoun County to be designated by the State Highway Department; and, WHEREAS, this Court does not have on hand sufficient funds with which to purchase said right of way and to clear same; and, WHEREAS, this Court has ~eretofore determined the advisability and necessity of issuing interest bearing time warrants against the road and bridge fund to pay claims to be incurred in such purchase; and, . ~ ... .. "'"472 00 r.~ ~4 ~ . WHEREAS, pursuant to the provisions of Chapter 163, Acts of the Regular Session of the Forty-Second,Texas Legislature, ,the County Judge has caused notice of the intention of the Commissioners' vourt of said County to pass an order on this 9th day of September, 1957, authorizing the'lssuance of' Right of Way Warrants for the time and in the manner requfned by law; and, WHEREAS, this Court affirmatively finds that said notice of intention to pass the order authorizing the issuance of such warrants was d~ly given by publication in a newspaper of general circulation published in Calhoun County, Texas, in the manner and for the time provided by law; and, I WHEREAS, no petition has been filed signed by ten per cent of the qaulified, taxpaying voter.s of said county asking for a referendum election on the issuance of said warrants as provided by law; and, WHEREAS, this Court affirmatively finds and adjudges that the financial condition of said County is such that it ,will Rermit the paymeht of said warrants in the maturity as hereinafter ~et out without making an unjust burden of taxation to support the same; and, WHEREAS, it is by this Court considered a~d determined to be to the interest and advantage of s~id Calhoun County to authorize the issuance of said right of way warrants, and it is now the desire of the Court to authorize the issuance of such right of way warrants ,in accordance..with the - Constitution and Laws of the State of Texas: I THEREFORE, BE IT ORDERED, ADJUDGED, AND DECREED BY THE COMMISSIONERS' COURT OF CALHOUN COVNTY, TEXAS. . . 1. That there shall be issued unde~ anq by virtue of the Constitution of the State of Texas, and more particularly Chapter 163, Acts of the Forty- Second Legislature of Texas, Regular,Session, 1931, interest bearing warrants of Calhoun County, to be known as CALHOUN COUNTY RIGHT OF WAY TIME WARRANTS OF 1957, against the Road and Bridge Fund ,of;. CaJ:houn County;' 'DeX'as, - - for the purpose of paying claims to be incurred in the purchase of right of way and for clearing same on certain roads in Calhoun C9~ty ~ob~ designated, by the State Highway Depar~ment. II. I Said warrants shall be made payable to BEARER and shall be.numbered from 1 to 20, both inclusive; shall be in the denomination of TWO THOUSAND FIVE HUNDRED AND NO/IOO DOLLARS ($2,500.00) each, aggregating the sum of FIFTY THOUSAND AND NO/IOO DOLLARS ($50,000.00). They shall be dated as issued, and, . shall be due and payable serially on the 15th day of January, the first ten warrants being payable on the 15th day of January, 1962, and the remaining ten warrants on the 15th day of January, 1963. Calhoun County expressly reserves the right to redeem all or any portion of said warrants on any interest paying date occurring on or after January ,15,th, -1958, ,sa-id, redempt-ion' to be in inverse numerical order in which said warrants are issued, last maturity dates to be the first called for redemption. . III. . Said warrants shall bear interest at the rate of three per cent (3%) per annum from date until paid, payable on January 15th, 1958, and annually thereafter on January 15th of each year. IV. Principal of said warrants shall be payable in lawful money of the . United States of America upon presentation and surrender Qf warrants at the office of the County Treasurer of Calhoun County, Texas, in the City of Port Lavaca, Texas, as the same shall mature. Interest .on outstanding warrants as same shall accrue will be paid annually on or before January 15th of each year by the County Treasurer w!thout fur~her demand. I v. Said warrants shall be signed by the County Judge, countersigned by the County Clerk, and registered by the County Treasurer and the seal of the Commissioners' Court shall be impressed upon each of said warrants. I ~"" ,.. . . .... ""Ill 473 . VI. The form of said Warrants shall be substantially as follows: NO. $2,500.00 I UNITED STATES OF AMERICA, STATE OF TEXAS, COUNTY OF CALHOUN CALHOUN COUNTY RIGHT OF WAY WARRANT OF 1957 I THIS IS TO CERTIFY that the County of Calhoun in the State of lrexas, under and by virtue of a valid and subsisting claim is Justly ~ndebted to BEARER in the principal sum of ~IO THOUSAND FIVE HUNDRED ~ND NoIIOO DOLLARS ($2,500.00) in lawful money of the United States of ~erica, to~ether with interest thereon from date hereof, of three Iper cent (3%) per annum, payable January 15th, 19 , and annually thereafter on January 15th of each year, both ,principal and interest payable at the office of the County Treasurer of said Calhoun County, Port Lavaca, Texas, as the same matures and accrues; and the Treasurer of said Calhoun County is hereby authorized, ordered, and directed to ay to said BEARER the said sum of TWO THOUSAND FIVE HUNDRED AND NoI 0.00 DOLLARS ($2,500.00) .on the 15th day of January, 19 , the date pf the maturity of this wa~rant in full settlement of the indebtedness hereby evidenced, from the "SPECIAL RIGHT OF WAY WARRANTS SINKING UND" of said County, levied, assessed and created for that"purpose. This warrant is one of a series of twenty (20) warrants numbered ~' onsecutively from 1 to 20, inclusive, in the denomination of TWO ,HOUSAND FIVE HUNDRED AND NoIlOO DOLLARS ($2,500.00) each, issued for the purpose of evidencing the claims to be paid for the purchase of ~ight of way and for clearing Sffine and for the payment of damages or ervices to be incurred in the procurement and clearing of such right f way on FM 2433 and on certain other roads within Calhoun County to be designated by the State Highway'Depantment, under and by virtue bf the Constitution and Laws of the State of Texas, and in pursuance I f the order passed by the Commissioners' Court of Calhoun County, exas, which order is of record in the Minutes of said Court. The date of this warrant in conformity with the said order is . ,19 , and it is hereby certified and recited that 1~11 things required to-Qe done precedent to and in the issuance of fhis w~rrant have been properly done, happened, and performed in ~egular and due time, form, and manner as required by law, and that ~he total indebtedness of said County including this warrant does not exceed thetConstitutional or Statutory Limitation. ~ Calhoun County expressly reserves the right to redeem all or any part of these warrants of which this warrant is an issue, on [ny interest paying date occurring after January 15, 1958. IN TESTIMONY WHEREOF, the Commissioners' Court of Calhoun I ounty, Texas, has caused the seal of said Court to be hereto ~ffixed, and this warrant to be signed by the County dudge, ~ountersigned by the County Clerk, and r istered by the County reasurer. ~~ ~ ounty, - ,- ~ . 1 . Countersigned: County Clerk, Calhoun Gounty, Texas. I egistered this day of ,19_. County Treasurer, Calhoun County, Texas. 1 . lIo... ..j "'-474 00 ~ ~ ~ . . VII. Said warrants shall be ~xecuted and delivered to the First State Bank of Port Lavaca, Texas, on claims issued for right of way, and for clearing same, which claims havesoeem"duly:.,and legally transferred, assigned, or endorsed over to the order of the First State Bank of Port Lavaca, Texas, and which claims shall be duly audited and allowed by the Commissioners' Court,of Calhoun County prior to the delivery of said warrants in payment of same, The First State Bank of Port Lavaca, Texas, to accept said warrants in fuB: satis- faction of the indebtedness as shown by such claims and to deliver over to the County Treasurer said claims in exchange for said warrants so delivered. I VIII. It is further ordered by the Commissioner~' Court that a special fund, to be designated the SPECIAL RIGHT OF WAY WARRANTS SINKING FUNDII be, and the same is hereby, created and the County Treasurer is hereby ordered and directed to open an account with said fund, to which fund'shall be credited a sufficient sum of money for the payment of the principal and interest of said warrants proposed to be issued for said purpose, as well as afufu moneys which may be appropriated for said purpose; which fund,s shall not be paid out for any pUrf0"; pOse other than the payment of rpincipal and interest of said warrants. I That to create said fund.for the payment of principal and interest. of said warrants at maturity, an amount sufficient to pay all principal and interest that will accrue and become due during the year 1958, there is hereby appropriated and set aside out of the receipts from the 15 cent tax on,each $100.00 valuation of all taxable property in said Calhoun County, that is levied for the current year 1957 out of the Constitutional 15 cent tax for road and bridge purposes; that for the year 1958 and each succeeding year while any of said warrants are outst~ding and unpaid, an amount suffic1ent to cover the principal and interest that'will accrue and beocme due in each of',said succeeding years, there shall be appropriated and set,aside out of the receipts from said constitutional road and bridge 15 cent tax the amount that will be ~ecessary, requisite, and sufficient to pay in full the amount of principal and interest maturing and payable in.each of said succeeding years and all such money so appropriated and set aside shall be placed in said special fund and shall be appropriated and applied only for the purposes named. . , IX. I The above order being read, it was ,moved and seconded that same do pass. ~hereupon, the question being called for, the following members of the Court rot'd "AYE", Prank Wedig, Comm'nr. Pro 1 ALL Ennest Radtke, Comm'nr. Pro 3 R. F. Kemper, Comm'nr. Pro 2 Clarence Barton, Comm'nr. Pro 4 and the following members voted IINOll': NONE. . MOTION CARRIED. IT IS SO ORDERED. " sl Howard G. Hartzog ,~o~ard,G.,~?rt~9g, Coun~y,Judge \ , , sl Frank Wedig . Frank Wedig, Commissioner" Pro 1 sl R. F. Kemper R. F. Kemper, Commissioner, Pro 2 Sj'Ernest 'Radtke" . -, -- " Ernest R dtke, Commissioner, Pro 3 SI Clarence Barton Clarence Barton, Commissioner, pr.4 I 1ittest: I ~I Maurice G. Wood, County Clerk and Ex-Officio Clerk of the Commissioners' Court of Calhoun County, Texas. . ~ j 475""l ._-"-~'-'- , , . PROCEDURE FOR HANDLING AND RECORDING RIGHT OF WAY TIYill WARRANTS I The procedure for handling and recording Calhoun County Right Of Way Time Warrants Of 1957 shall be the same as detailed on pages 173 and 174 of this same Volume J of the Minutes of the Commissioners' Court of Calhoun County, Texas. 00000000000000000000000000000 TRANSFER OF FUNDS-DRAINAGE DISTRICT NO. 6 I On Motion by Commissioner Kemper, seconded by Commissioner Radtke and unanimously carried, the Commissioners' Court in the noting that there is not a Board of Commissioners qualified to act in Drainage District No. 6, and having been advised that additional funds are necessary to meet the debt requirements of this District, authorized the transfer of $200.00 from Dr~inage District No. 6 Maintainance Account, Class No. 29 to Drainage District Sinking Account, Class No. 32, and directed further that the full proceeds of the $1.75 Ad Valorem levied in this District be credited to the Sinking Fund of the District until further notice. - - - - - - - - - - - - - -.- - - - - . TREASURER'S REPORT FOR AUGUST, 1957 On this, the 9th day of August, 1957, at a Regular Term of the Commissioners' Court of Calhoun County, Texas, Miss Mary Stephens, County Treasurer, presented her report for the month of August, 1957, and it having been read in open court and the Court having duly considered the same together with the exhibits accompanying same, and having compared balances in the various accounts and finding said report to be correct, on motion duly made, seconded and unanimously carried, the County Treasurer's Report for the month of August, 1957, be and the same is hereby approved. It is so ordered. I TAX ASSESSOR-COLLECTOR'S REPORT On this, the llth day of September, 1957, at a Regular Term of the Commissioners' Court of Calhoun County, Texas, Mrs. C. V. Guidry, Deputy, presented the Tax Assessor-Collector's Report for the month of August, 1957, and it having been read in open court, and the Court having duly considered the same together with the exhibits accompanying same, and having the balances compared in the various accounts, finds that said report is correct; on motion by Commissioner Wedig, seconded by Commissioner Barton and unanimously carried, the Court ordered that the Tax Assessor-Collector's Report for said month be, and the same is hereby approved. It is so ordered. -- - - - - - - - - - - - - - - - - - . TAX RATES THE STATE OF TEXAS 0 0 C0UNTY OF CALHOUN 0 . I At the regular Septem ber Termcof the Commissioners' Court in and for Calhoun County, Texas, held in the City of Port Lavacs, Texas, on the lIth day of September, 1957, with tRee County Judge Howard Hartzog presiding and. Commissioners Wedig, Kemper, Radtke, and Barton present, and the County Clerk in attendance, there having come on for hearing the matter of levyigg and assessing the Ad Valorem Tax for Calhoun County, Texas, in connection with the 1957 tax roll, and it appraring to t he Court that the County Budget for Calhoun County, Texas, for the calendar year 1958 was Officially adopted by this Court at a Term thereof held on the 30th day of August, 1957, it was moved by Commissioner Barton that the following rates of tax be, and they are hereby, levied and assessed on each One Hundred Dollars ($100.00) or taxable property in Calhoun County, Texas, as same appears on the 1957 tax roll, I these tax rates having been included in the 1958 County Budget heretofore adopted by this Court: 1 I- . .... .... Precinct 1 - Maintainance ~' .15 &B Precinct 4 - Maintainance - -.15- Poll Tax .25 I Occupation, Beer, Beer and Wine and Package store Licneses"are'assessed at one-half (~) the license assessed and charged by the State of Texas, and the following rates of tax be, ,and they are hereby" levied and assessed against fach $100.00 of taxable property in each of the Road Dist~icts as the same appear on the 1957 tax roll: . Road District No. 1 r"'476 Jury Fund - Class One Road and Bridge Fund - Class Two Road and Bridge Special Fund General Fund - Class 3 Permanent Improvement Fund-Class 4 Right of Way Time Warrants Fire EqUipment Bonds $ $ $ Permanent Improve~ent Bonds TOTAL COUNTYWIDE TAX RATE 00 ...... ,-.. ~ ee . $ .15 1" .27 .08 .09 .04 .17 I" I $ $ $ $ $ $ .80 . $ .16 nd that the following rates of tax be, and tqeyare hereby, levied and ssessed against each $~OO.OO of taxable property in each of the Dra~nage nd Navigation Districts as same appears on the 1957 tax roll: Drainage orsNavigation District Rate of Tax Drainage District No. 6 " " No. 7 " " No. 8 " " No. 10 Calhoun County Navigation D,is trict . $1.75 .-14 .50 3.00 .05 Motion seconded by Commissioner Wedig. Question. Comissioner Wedig voted AYE. Commissioner Kemper voted AYE. Commissioner Radtke voted AYE. Corr~issioner Barton voted AYE. .OTION CARRIED. T IS SO ORDERED. ttest: Maurice G. Wood 'ounty Gler and Ex-Officio lerk of the COTI@issioners' Court , 'alhoun County, Texas. ,I. Calhoun County, . - - - - - - - - - - - - - - - I: ./..;,,~ l f I: ,/~- ~,</" . , j r- 477 .., . SPECIAL SEPTEMBER TERM HELD SEPTEMBER 16, 1957 TEE ,STATE OF,T~S I I COUNTY OF CALHOUN 0 BE IT REYiliMBERED, that on this the 16th day of September, 1957, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, a Special Term of the Commissioners' Court within and for said County and State, same being the Second Spe~al Seppember Term, 1957, and there was present on this date the following officers of the Court, to-wit: 1 1 HOWARD G. HARTZOG, FRANK E. WEDIG, R. F. KEMPER, ERNEST H. RADTKE, CLARENCE BARTON, MAURICE G. WOOD, County Judge, Corr~issioner, Prct. 1, Commissioner, Prct. 2, Commissioner, Prct. 3, Commissioner, Prct. 4, County Clerk, whereupon, the following orders were made and entered by said Court, to-wit: - - - - - -- - - - - - - - - - - - - - -- ACCEPT BID FOR NEGOT~~ODEO PENS On this the 16th day of September, 1957, at a Special Term of the Commissioners' Court, with all members present, on motion by Commissioner Barton, seconded by Commissioner Wedig and unanimously carried, the Court accepted the low bid of Marshall Lumber Co. for negotiation for the construction of Rodeo Pens at the Fair Grounds. The bids which were submitted to the Court were as follows: . Galvanized Painted W. H. Parker $23,661.00 $22,791.00 Marshall Lmbr. Co. 20,300.00 19,500.00 Mercer Const. Co. 22,460.00 21,650.00 Sinton Hardware 27,088.00 26,238.00 1 MINUTES AND ADJOURID1ENT ON THIS, the 16th day of September, 1957, at a S~cial Term of the COmmissioners Court of Calhoun County, Texas, on motion duly made, seconded and unanimously adopted, the Minutes of the previous meetihg of September 9,1957, were re~d and approved. . ,~ Clerk SPECIAL SEPTEMBER TERM 1- --, HELD SEPTEMBER 17, 1957 THE STATE OF TEXAS 0 o COUNTY OF CALHOUN 0 BE IT REMEMBERED, that on this the ~7th day of September, 1957, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, a Special Term of the Commissioners' Court within and for said County and State, same being the Third Special September Term, 1957, and there were present on this date the following officers of the Court, to-wit: I~ HOWARD G. HARTZOG, FRANK E. WEDIG, R. F. KEMPER, ERNEST H. RADTKE, CLARENCE BARTON, MJURICE G. WOOD, County Judge, Commissioner, Prct. I, Commissioner, Prct. 2, Commissioner, Prct. ~, Commissioner, Prct. 4, County Cle rk~ _ whereupon, the following orders were made and entered by said Court, to-wit: . ------------ ------ --- .... ...,j r-418 ----- -, 00 ~ ~ et:I --,-----,---,---,~----- ~- . ACCEPT AMENDED BID-RODEO PENS On motion by Commissioner unanimously carried, the Court with the following conditions: 1. The item of $240.00 for sand be deleted, as the County Commissioners will provide this material. Barton, seconded by Commissioner Kemper and accepted the bid of the Marshall Lumber Co. I 2. Number of bleacher,seats.be reduced to 1,232 to be erected on on~ side only of the arena, which will reduce the net bid to the sum of ,$18,500.00. RODEO PENS-INSPECTION OF WORK I On motion made by Commissioner Ernesti.<iRad!;,1;B,seconded by Commissioner Kemper and unanimously carried, the Court appointed Mr. W. W. Zwerschke as inspector of the work for the construction of the Rodeo Pens. ELECTION PRECINCTS On motion made by Commissioner Frank Wedig, seconded by Commissioner Clarence Barton and unanimously adopted, it was ordered that the Voting Precincts in Calhoun County in Commissioners' Precinct No. 1 be amended so as to conform to the four City Wards, and that all other boxes be renumbered accordingly and that such revisions, when comp~eted, be entered in the Minutes as an addendum. . - - - - - - - - - - - - - - - - - - - . . . I . I . , I , I , . . l .... r Odel.. .! , 1/8&..... . iHE STATE OF TEXAS i COUNTY OF CALHOUN 0 IN THE COMMISSIONERS' COURT I BE IT RESOLVED BY THE COI'lMISSIONERS' CCUR1~ OF CALHOUN COUNTY : I That whereas due to the increased population of the City of Port Lavaca, a home-rule city which has been divided into four wards which result in a ronflict with the three City voting precincts of the County and requires j8.djUstment of certain County voting precincts in order that such voting ~recincts may conform to the City Wards within the City Limits as now or peretofore extended, in order to expedite.voting, and the preparation of Poll !Lists for County and City elections, I Therefore, it is ordered that the County Voting Precincts be increas&d ~rom 15 as shown by the previous Minutes of the Commissioners' Court to 16, ~nd that such voting boxes be renumbered so that the voting boxes can be listed lin consecutive order in each County Commissioners' Precinct for convenience in he taDulation of Precinct elections; , And it is ordered that all precious orders of. the Court as shown by olume I, Page 297, together with the original references therein adopted, ffective January 1st, 1958, shall hereafter be constituted as follows: COI~ISSIONERS' PRECINCT NO. I, PORT LAVACA VOTING PRECINCT NO. I, PORT LAVACA . I Voting Precinct No. 1 shall hereafter be constituted by all that part of ~ard No. 1 of the City of Port Lavaca, Texas, and all that part of the area of Caahoun County, Texas, defined as follows: 1- Beginning at the center line of the intersection of Main and Trinity ~treets of the City of Port Lavaca; Thence Eastward to Lavaca Bay; thence ~enerally Southward along the shore of Lavaca Bay to Chocolate Bay; thence ~long the shore of ChIDcolate Bay with its meanders to the mouth of Little rhoco1ate Creek; Thence up the East shoreline of Little Chocolate Bayou to tits intersection with the W. W. Wilson Estate and John McPherson common boundary line: Thence Eastward up said common boundary line to the East bide of the Chocolate Loop Road (Alcoa Drive); Thence Southward along said ~ast boundary line to the Shofner Estate cross road; Thence down said road way across the East loop of the Chocolate Loop Road (Seadrift Street) to its tl,ntersection with the South boundary line of the W. \v. Wilson Estate and ~. R. Holman properties; Thence Eastward along said common boundary line to ~ point in the center line .01' Trinity Street as extended; Thence Northerly I~long said extended line to the center of South and Trinity Streets; Thence generally Northerly with the center line of Trinity Street of the City of ~ort Lavaca to the point of beginning. VOTING PRECINCT NO II ~ 'Voting Precinct No.2 shall hereafter be constituted by all that part of ~ard No.2 of the City of Port Lavaca, 'Pexas, and all that part of the area of palhoun County defined as follows: I Beginning at the center line of the tinersection of Main and Trinity ~treets of the City of Port Lavaca; Thence generally Southward along the center ~ine of Tr~nity Street, the common boundary line of Voting Precinct No.1, Uescribed above; Thence continuing along said common boundary line to the IEommon point on the shore of Li tt1e Chocolate Creek; Thence across Little Ikhoco1ate Creek to the West Bank; Thence following in a generally Southerly ~tlirection around the shore of Chocoaate Bay across the Mouth of Big Chocolate ayou and continuing on to the common corner of the Tanner-Hunter tracts of 'and: Thence along the Tanner-Hunter common boundary line in a Westerly ~irection to State Highway 138; Thence down the said line of.State Highway rOo 138, with the common boundary line of Voting Precinct No.6, as defined I'py the Minutes of the Commissioners' Court in Volume D, Page 88, to its East poundary line of Commissioners' Precinct No. I and No.4-to their cornmon Ijlntersection with Commissioners' Precinct No.2; Thence generally Eastward i~ith the common boundary line of Commissioners' Precilllct Nos. 1 and 2; ~hence generally Eastward with the comraon boundary line of Commissioners' Wrecincts Nos. 1 and 2 to lts intersection with the center l~ne or the old 'I'tong hott Road; Thence Northerly along the center line or the old Long Mott II Road across Big Chocolate Bayou to a point in the center line of state High- ~ay No. 35; Thence Easterly along the center line of State Highway No. 35 to I~he center of lLi ttle Chocolate Bayou Bridge; Thence Northerly up the center IUne of Little Chocolate to the center line of Stat e Highway No. 87; Thence asterly down the center line of Statre Highway No. 87 with extension down 1ain Street to the intersection with Trinity Street the point of beginning. . I I . ~ ...~ '-. --~ ... ...,j "'-'9BB o.cltl ~ '--'..., 00-' ~ ~ eo ~ . VOTING PRECINCT NO. III Voting Precinct No. 3 shall hereafter be constituted by all that part of Ward No.3 of the City of Port Lavaca, Texas, and all that part of the area of Calhoun County, Texas, defined as follows: Beginning at the center line of the intersection of Main and Virginia StBeets in the City,of Port Lavaca, Calhoun County~ Texas; Thence Westerly along the center line of Main street and its extension, State Highway No~ 87, to a pointtopposite the T. E. Cook East line; Thence crossing the Rail Road right-of-way in a Northerly direction following the extension of the common boundary line of the Cook Tract and the Whemeyer tract to the Maxwell Ditch bordering the South line of Commissioners' Precinct No.2; Thence Eastward ' along the South boundary line of Commissioners' Precinct 2 and the Maxwell ditch to a point across the Six Mile Road in the center line of Lynn's Bayou; Thence down Lynn'S B?you to the North boundary line of the Newlin Estate tract; Thence Westerly along the North boundary line of the Newlin Estate tract to . the center line of the Six Mile Highway an extension of Virginia Street; Thence .down the center line of such highway and Virginia Street to Main Street at the point of beginning. I I VOTING;PRECINCT NO. IV Voting Precinct No. 4 shall hereafter be constituted by all that part of Ward 4 of the City of Port Lavaca, Texas, and the area of Calhoun County described as follows: Beginning at the center line of the intersection of Main and Virginia Streets of the City of Port Lavaca, Texas; Thence Eastward to Lavaca Bay; Thence Northward along the meander of the Lavaca Bay shore around Nobles point and along said shore to the mouth of the Maxwell Ditch at its intersection with the common buondary line of Commissioners' Preqinct No.1 and CommissioBers' Precinct No.2; Thence Westward along the common boundary line up the Maxwell Ditch to its intersection with the Lynn's Byaou; Thence down Lynn'S Bayou to its intersection with the North boundary line of the Pearl Wilson property; Thence westward with the North boundary line of the Pearl Wilson property and the Newlin property to the centerline of the Six Mile Road (Virginia Street extension); Thence Southward along the centerlime of the Six Mile Road and Virginia Street to its intersection with Main Steeet to the place of beginning. . VOTING PRECINCT NO. V (CHOCOLATE) .1 That area of Calhoun County within Commissioners' Precinct No.1 as now designated in the Minutes of , the Commissioners' ,Court, Volmae I, Page 399, and Volume E, Page 319, as Voting Precinct .No., 2 known as, the Clark Station, except that area East of Little Chocolate ,Creek between Highways Nos. 35 and 87. Box No.2 shall hereafter be designated as Voting Precinct No.5. i61':tlm'PREcINCT NO. :VI (MAGNOLIA ,BEECH) , That ~he area of Calhoun County within Commissioners' Precinct No.2, now designated as Voting Precinct No. 6 in the Commissioners' Court Minutes Volume I, Page 340, and Volume D, Page 88, known as the Magnolia Beach box, shall hereafter continue to be designated as Voting Precinct No.6. VOTING PRECINCT NO. VII (SIX MILE) . That the area of Calhoun County within County Commissioners' Precinct No. 2 as described by metes and bounds in Volume E, Page 340 of the Con~issiioners Court Minutes, now known ~s Voting Precinct No. 3 the Six Mile Voting Box, shall hereafter be designated as Voting Precinct No.7. VOTING PRECINCT NO. VIII (BOYD SCHOOL) That the area of Calhoun County w1.thin Commissioners.' Precinct No.2, as described by metes and bounds in Volume E, Page 319 and Volume~, Page 340 of the Minutes of the Commissioners' Court, now designated as Voting Precinct No. 5 the Boyd Voting box, shall hereafter be designated as Voting Precinct No.8. I , .1 /"-~~--'~ . j l r c>-ol ,/ I ~. - ./ ""'Ill ~ v . VOTING PRECINCT NO. IX (KAMEY) I All that area of Calhoun County within Commissioners' Precinct No.2, now known and designated in Volume E, Page 395, Minutes of the Commissioners' icourt as Voting Precinct No.9, shall hereafter continue to be known and designated as Voting Precinct No.9. CO~~IISSIONE~S' PRECINCT NO. 3 VOTING PRECINCT NO. X (OLIVIA) 1 All of that area of Calhoun County within Commissioners' Precinct o. 3 as described by metes and bounds in Volume I, Page 340 of the inutes of the Commissioners' Court as Voting Precinct No.4 Olivia box, shall hereafter be known and designated as Voting Precinct No. 10. VOTING PRECINCT NO XI (POINT COEFORT) All that area of Calhoun County in Commissioners' Precinct No.3 as described by metes and bounds in Volume I, Page 341 of the Minutes of the Commissioners' Court as Voting Precinct No. 14 Point Comfort box, shall hereafter be known and designated as Voting Precinct No. 11. ., . COMMISSIONERS' PRECINCT NO IY VOTING PRECINCT NO. XII (HEYSER BOX) All that area of Calhoun County in Commissioners' Precinct No.4 as escribed by metes and bounds in Volume H, Page 297, and Volume I, Page 840 of the Minutes of the Commissioners' Court as Voting Precinct No. 12, Heyser Box, shall hereafter continue to be known and designated as Voting !Precinct No. 12. <<'" VOTING PRECINCT NO. XIII (GREEN LAKE) All that area of Calhoun County within Commissioners' Precinct No.4 as ~escribed by metes and bounds in Volume H, Page 297, of the Minutes of. the pommissioners' Court now known as Voting Precinct NQ. II Green Lake Box, shall hereafter be known as Voting Precinct No. 13. ,I VOTING PRECINCT NO XIV (LONG MOTT) All that area of Calhoun County within Commissioners' Precinct No.4 [s described by metes and bounds in Volume I, Page 340 of the Minutes of . he Commissioners' Court,khown Voting Precinct No.7 Long Mott ;Sox, shall ereafter be known and designated as Voting Precinct No. 14. VOTING PRECINCT NO. XV (SEADRIFT) . All that area of Calhoun County within Commissioners' Precinct No.4 as esignated by metes and bounds in Volume I, Page 340 of the Minutes of the ,ommissioners' Court as Voting Precinct No. 8 Seadrift Box, shall hereafter ibe known and designated as Voting Precinct No. 15. VOTING PRECINCT NO. XVI (PORT O'CONNOR) I All that area of Calhoun County within Commissioners Precinct escribed by metes and bounds in Volume I, Page 340 of the Minutes bcommissioners' Court as Voting Precinct No. 10, Port O'Connor Box, ereafter be known as Voting Precinct No. 16. I That at all elections during the remainder of 1957, all Vot1ng Precincts ~hall continue to be constituted as originally established. That this shall be effective as of January 1st, 1958, as to all elections to be held there- ~fter and the Gounty Tax Collector in the issuance of Poll Taxes, beginnihg ~6n October 1st, 1957, shall determine the residential qualification of each oIl Tax payer according to the new numbering and election Precinct boundaries ere established. I That the elected Precinct Chairmen of each party,as elected or appointed ~s Party Precinct Officers of the original numbered Election Precincts, shall fontinue to be the Precinct Charimen of the identical one from which they were [lected or appointed,regardless of the change in numbering, without a change 'n boundaries; that the creation of an additional Voting Precinct in the City I f Port Lavaca,makes an adjust~ent in the boundaries of City Voting Precincts ~s to original PrecinctsvNos. I, 13 and 15, and requires the appointment of a Precinct Chairman of the area designated as Precinct No.3. , No.4 as of the shall ( I . ~-~~~~ -"--- -- ---- ..... ..,j r-~D a a.l. ~ ../ QO~ ~ ~ l'XJ N . That in order to establish with certainty, the offices and officials under the change of numbering of such election precints, the follwoing designations will become effective January 1st, 1958, a:t;'which time the Election Judges will also:,be;,appointed. I I Election Precinct No.1, Port Lavaca, numbering unchanged. Voting Box, Courthouse, Port Lavaca. Democratic Chairman, Preston O. Roemer. Republican Chairman, Dick Thayer. n Election Precinct No.2, Port.Lavaca, Originally Precinct No. 15. Voting Box Roosevelt School, Port Lavaca. Democratic Chairman, John Clegg. Republican Chairman, i: '.;' I III Election Precinct No.3, Port Lavaca, New Prec.1nct. Voting Box, Calhoun High School. Democratic Precinct Chairman, Howard K.'Chatterton Republican Chairman, IV . Election Precinct No.4, Port Lavaca, Originally No. 13, Voting Box, Tr~vis Jounior High SchOOl, Port Lavaca. Democratic Chairman, P. F. Elder. Republican Chairman, V Election Precinct No.5, originally No.2, Voting Box, Joe Brett residence, Clark Station (Chocolate). Democratic Precinct Chairman, Joe Brett. Republican ChAfurman, VI I, Election Precinct No.6, originally No.6, Voting Box, C. E. Sachrison residence, Magnolia Beach. Eemocratic Chairman, LeRoy Speed. Republican Chairman, . VII Election Precinct No.7, originally No.3, Voting Box, Six Mile School, Six Mile. Bemocratic Chairman, Fred Marek. Republican Chairman, VIII . Election Precinct No..8, originally No. 5, Voting Box, J. E. Levingston residence, Boyd. Democratic Chairman, E. S. Sanders. Republican Chairman, . , IX . Election Precinct NO.9, originally NO.9, Voting Box, Kamey Army Store. Democratic Chairman, Glenn McKamey. Republican Chairman, I X Election Precinct No. II, originally No.4, Voting Box, Olivia School. Democratic Chairman, P. L. Haskins. Republican Chairman, XI Election Precinct No. 11, originally City Hall, Point Comfort, Texas. Democratic Chairman, Earl L. Ermey. Republican Chairman, No. 14, Voting Box, Point'Com~or~ -- ---~~ ,I , <' Jr -=-- ./ 6" . l ~ r- o-d.t, I,. - , ""III .~ Election Precinct No. 12, originally No. 12, Heyser Voting Box, Humble Office. Democratic Chariman, Republican Chairman, . I XII XIII Election Precinct No. 13, Green Lake, originally No. 11, Voting Box, Mormon Gin Office. Democratic Chairman, J. C. Williams. Republican Chairman, 1 XIV Election Precinct No. 14, Long Mott, originally No.7, Voting Box, Long Mott S~hool. Democratic Chairman, T. A. McDonald. Republican Chairman, XV Election Precinct No. 15, Seadrift, originally No.8, Voting Box, Seadrift School House. Democratic Chairman, Tom Dowda. Republican Chairman, . XVI Voting Precinct No. 16, Port O'Connor, originally No. 10, Voting Box, Port O'Connor School House. Democratic Chairman, Ray Rather. Republican Chairman, .1 . I I . ... rlSi ! !.}.78F I oo""'llll ~ ~ t:o N ~ . I . -I . I , , . I I < . ....l r- 479 ., . REGULAR OCTOBER TERM HELD OCTOBER 14, 1957 I THE STATE OF TEXAS I I COUNTY OF CALHOUN I I BE IT REI1EMBERED, that on this the 14th day of October, 1957, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, a Regular Term of the Commissioners' Court within and for said County and State, same being the Regular October Term, 1957, and there I were present on these dates the following officers of the Court, to-wit: HOWARD G. HARTZOG, FRANK E. WEDIG, R. F. KENPER, ERNEST RADTKE, CLARENCE BARTON, MAURICE G. WOOD, County Judge, Commissioner Prct. I, Commissioner Prct. 2, Commissioner Prct. 3, Commissioner Prct. 4, County Clerk, Whereupon, the following orders were made and entered by said Court, to-wit: - - - - - - - - - - - - - - - - - - - --- . STATE HEALTH UNIT After hearing a report from Mr. Clayton Toalson, City-pounty Sanitarian, Mr. Homer Horton, Hospital Administrator and Mr. David Parks of the State Health Department, on procedure and requirements for establishfung a State Health Department Unit in Port Lavaca, Mr. Kemper made~a motion to postpone action for further consideration. The motion was seconded by Mr. Radtke and unanimously carried. . - - - - - - - - - - - - - - - - - - - - APPROVE DEPUTY-CLERK!S OFFICE I On this, the 14th day of October, 1957, with all members of the Court being present, on motion by Commissioner Barton, seconded by Commissioner Radtke and unanimously adopted, the Court approved the appointment of Blanche Campen', , as Deputy in the office of the County Clerk. - - - - - - - - - - - - - - - . ACCEPT BID-MOVE HOUSE On motion by Commissioner Wedig, seconded by Commissioner Radtke and unanimously carried, the Court accepted the low bid of Saylor House Moving for moving a house from right of way on Highway B5-By~Pass. The two bids received were as follows: . Saylor House MOVing: $200.00 All Cash House Movers: $685.30 ------------------------------------- AUTHORIZE PAYMENT-RODEO ARENA I On this, the 14th day of October, 1957, with all members of the Court being present, and following inspection by the Commissioners' Court of the Rodeo Arena at the FairGrounds, the Court, on motion by Commissioner Wedig, seconded by Commissioner Radtke and unanimously carried, authorized payment of the contract price of $18,500.00 plus an additional charge of $100.00 for shutters on the Rodeo House to the Marshall Lumber Co., contractors. ------------- --- --- I . I ---~ -~ ~, .... "'480 00" ~ ~ tt; "'-.1 . TREASURER'S REPORT FOR SEPTEMBER, 1957 . - ~ - - . - . On this, the 14th day of October, 1957, at a Regular Term of the Commissioners' Court of Calhoun County, Texas, Miss Mary Stephens, County Treasurer, presented her report for the month of October, 1957, and it having been read in open court and the Court having duly considered the same together with the exhibits accompany- ing same, and having compared balances in the various accounts and finding said report ,to be correct" on motion dUly made~ seconded and unanimously carried, the Couhty Treasurer's Report for the month of October, 1957, be and the same is hereby approved. II It is so ordered. - - - - - - - - - - - - - - - - - - - - - - - - -- : -. I MAPPING CONTRACT On motion by Commissioner Barton, seconded by Commissioner Kemper and unanimously carried, the Court accepted a contract with Tobin Arial Mapping Company contingent upon payment of ~?3,600.00 by the Calhoun Coufit~~ndependent ' School District; total price of cgJ;:ltract $8,490,.00. - _ -~~. -~ " ~.-,-. .- .,- -.... __--- r-- " ,} 'I :.....:-'-.~.-~..~;;;:... ~ ......... -~. - - - - - - '-'~ - - - - - - " ADVERTISE FOR BIDS-PICKUP FOR PRECINCT NO. 1 On motion by Commissioner Wedig, seconded by Commissioner Barton and unanimously carried, the Court authorized advertising for bids on one new 1/2 Ton Pickup Truck for Precinct #1; bids to be opened on the 28th of October, 1957, at 10 A.M. , . NOTICE TO BIDDERS . , Sealed bids, plainly marked as such, will be received by the County Auditor of Calhoun County, Texas, at his office or by mail at P. o. Box 62 7, Port Lavaca, until 10 A.M. Monday October 28, 1957, at which time they will be opened and publicly- read ,at a Special Sessi,on of --the Commissioners' Court. Bids wil~ be received on the following equipment for Precinct'No.ili: One new 1/2 Ton Pick Up Truck, standard equipment plus heater, defroster, electric wipers and directional lights; Alternate Bid: Same as above 'with 15 inch wheels. I The Commissioners' Court reserves the right to waive fromalities, the right to accept any bid deemed most advantageous to the County and the right:,to~re j!?ct, ap:y'_ or all bids. "By Order of the Commissioners' C.ourt" October 14, 1957. sl James F. Houlihan County Auditor, Calhoun ~ounty, Texas. . . Attest: sf Maurice G. Wood County Clerk Calhoun eounty, Texas. - - - - - - - - - - - - - i' TAX ASSESSOR-COLLECTOR'S REPORT FOR. SEPTEMBER On this, the 15th day of October, 1957, at a Regular Term ,of the Commissioners' Court of Calhoun County, Texas, ,/lirs .-C-. V. ,Guidry," Deputy," .. .. presented the Tax Assessor-Collector's Report for the month of September, 1957, and it having been read in open court, and the Court having dUly considered the same together with the exhibits accompanying same, and having the balances compared in the various accounts, finds that said report is correct; on motion duly made seccnded and unanimously carried, the Court ordered that the Tax Assessor-Collector's Report for said month be, and the same is hereby approved. . I: I: It is so ordered. - - - - - - - - - - - - - . l "'" 481 .., -----._- ---- . kPPROVAL OF BILLS I On motion by Commissioner Radtke, seconded by Commissioner Wedig land unanimously adopted, the Court approved August Bills Nos. 1 through 290 as presented by Mr..James F. Houlihan, County Auditor. On motion by Commissioner Radtke, seconded by Commissioner Barton and unanimously carried, the Court approved September Bills Nos. 1 through 268 as presented by Mr. James F. Houlihan, County Auditor. ----------- I BIDS-COURTHOUSE-AGRICULTURE BUILDINGS lioN THIS, the 16th day of October, 1957, came on for consideration receiving and reading of bids on the Courthouse, Jail and Agriculture Buildings. the After reading the bids received Comm~ssioner Barton made a motion seconded by Commissioner Kemper and unanimously adopted, that the County ~uditor, with the assistance of the Architects, proceed to tabulate the bids and report to the Court. After tabulation the first three apparent low bidders are as follows~ . SUMMARY OF ALL BIDS LOW BID 2ND LOW 3RD LOW i}W/credit of 32000 for Texlite wall. :GENERAL Marshall $571,110 ffiraze1ton [Burnett $575,090 $621,695 (589, 695i:-) I ELECTRICAL ~cme $62,810 ~'",hal1 $64,550 Ie. Cnst.Co. ,$71,237 , , .H.U.A/C I , r, ook-Forr. 11 , $204,235 I $209,545 I arber i , JAIL I I ~0.stee1 $68,975 , I anD orn $72,425 rtewart J72,600 OTAL $907,130 , I ~GRICULTURE BLDG. , ~arsha11 $112,500 n1and $118,000 )paw-Glass $118,156 . I I I THEREUPON MOTION made by Commissioner Barton, seconded by Commission~r Kemper and unanimously adopted, it was ordered that the Firm of Rustay and !"artin,county Architects, be authorized to confer and negotiate with the ~pparent low bidder in each of the phases of construction upon which bids I~ere requested, and recommend their final findings to the Court for contract; I~hat the bid checks of the first and second low bidders be retained for I~urther orders, and that all other bid checks be mailed or delivered to he bidders. . $1,019,630 wlo credit for elevator Alternate or additional for Ag. Disposal System. I . ...,j " ., 00-' ~ ~ ttJ ~ 482 " .d' . On motion duly made, seconded and unanimously carried, it was oraered that all deposits on plans be refunded to unsuccessful bidders on return of plans to the Firm of Rustay and Martin. ON THIS, the 14th day of October, 1957, at a Regular Term of the Commissioners' Court of Calhoun County, Texas, on motion.duly made, seconded and unanimously adopted, the Minutes of the previous meeting of September 17, 1957, were read and approved. - 'd ,- -J" ~ -, ~tf?.()T~11-) . MINUTES AND ADJOURNMENT I --------------- SPECIAL OCTOBER TERM HELD OCTOBER 28, 1957 . THE STATE OF TEXAS ~ ~ COu~TY OF CALHOUN ~ BE IT REMEMBERED, that on this the 28th day of October, 1957, there was begun and holden at the Courthouse in the City of Port Lavaea, said County and State, a Special Term of the Commissioners', Court within and for said County and State, same being the First Special.October Term, 1957, and there were present on this date the following officers of the Court, to-wit: HOWARD G. HARTZOG, FRANK E. WEDIG, R. F. KEMPER, CLARENCE BARTON, County Judge, Commissioner, Pro 1, Commissioner, Pro 2, Commissioner, Pro 4, I whereupon, the following orders were made and entered by said Court, to-wit: ACCEPT BID-PICKUP FOR PRECINCT NO. 1 On this, the 28th day of October, 1957, after reading in open court all bids received for one new 1/2 Ton Pickup truck for Precinct No.1, on motion by Commissioner Wedig, ,seconded by Commissioner Barton and unanimously carried, the Court accepted the, low bid of Larsen-Bre~stE?l:' Motor Co. from. among the following bids received: . Larsen-Brewster: $1250.00 1440.50 1380.00 1470.00 1503.59 . .. Terry Bunch Motors: Alternate, on a Demonstrator: Coastal Hotors: Marshall Chevrolet: ------------------ I ACCEPT BID-MOVING BUILDING ON RIGHT OF WAY-HOLLOMAN ESTATE On motion by Commissioner Wedig, seconded by Commissioner Barton and unanimously carried, the Court accepted the bid of A. D. Rodriguez for dismantling, moving 'and reassembling building on the Holloman Estate to clear right-of-way on the Clark Station Road. The following are the bids received for said work: ~ . , ,I w. H., ,];'arker: $750.00 $444.00 A. D. Rodriguez: --------------- --- . l ~ ,..- 483 ""ll . ACCEPT BID-MOVING HOUSES TO CLEAR RIGHT.:WF,;.WAY FM2433 I On motion by Commissioner Wedig, seconded by Commissioner Kemper and unanimous ly carried, the Court accepted the bid of Saylor House Moving for moving 2 houses and 1 shed out of Farm-to-Market 2433 right-of- way. Saylor House Moving Bid is as follows: For moving 2 houses and 1 shed out of Farm-to~Market right-of-way; 2 houses to be moved and set level at new location as prescribed by Commissioners' Court. Gas to be hooked back. 1 Shed moved approximately 8 feet. All post inside shed to be cut off approx. ground level. New pieces of post to be put in ground 3 feet and bolted to old post. Four new posts will be added to shed(3 ft. deep). Track post for door to be moved intact and replaced as was. (All work to be done in a pleasing manner) All material to be furnished by us. $348.00 " I KEYS TO FAIR GROUND BUILDING On motion by Commissiomr Kemper, seconded by Commissioner Wedig and unanimously adopted, the Court ordered that a record of the possession of keys to the Fair Ground Building be entered in the Minutes. . The following individuals are in possession of said keys: Mrs. T. D. Fitzpatrick - - Mr. Edwin Migura - - Miss Frances Gray Mr. Frank Wedig Mr. James F. Houlihan. MINUTES AND ADJOURNMENT I ON THIS, the 28th day of October, 1957, .at a Special Term of.the Commissioners' Court of Ca'houn County, Texas, on motion duly made, seccneed and unanimously adopted, the Minutes of the previous meeting of October 14, 1957, were read and approved. Attest: . SPECIAL OCTOBER TERM HELD OCTOBER 30, 1957 THE STATE OF TEXAS 0 I COUNTY OF CALHOUN I I BE IT RE}ffiMBERED, that on this the 30th day of October, 1957, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, a Special Term of the Commissioners' Court within and for said County and State, same being the Second Special October Term, 1957, and there were present on this date the following officers of the Court, to-wit: HOWARD G. HARTZOG, FRANK E. WEDIG, R. F. KEMPER, ERNESTH. RADTKE, CLARENCE BARTON, MAURICE G. WOOD, County Judge, Commissioner, Pl". 1, Commissioner, Pl". 2, Commissioner, Pro 3, Commissioner, Pl". 4, County 'Clerk, I whereupon, the following orders were made and entered by said Court, to-wit: I NEGOTIATION ON COURTHOUSE-JAIL AND AGRICULTURE BUILDINGS . \ ..... .... r484 I ~ oo"""lll I~ \:"""~ ~< tt"i f~ . NEGOTIATION ON COURTHOUSE-JAIL AND AGRICULTURE BUILDINGS ON THIS, the 30th day of October, 1957, at a Special Term of the Commissioners' Court of Calhoun County, Texas, with all members of the Court being present, on motlon'by Commissioner Barton, seconded by Commissioner Wedig and unanimously carried it was determined by the Court that the decision regarding alternate #1 in the general construction contract(substituting marble for brick in the exterror of the buildrng) be postponed provided that the Contractor be notified by January 20, 1958. I . , - ~ - On motion by Commisstoner Barton, seconded by Commissioner Kemper and unanimously carried, the Court ordered eliminated Alternate #2 to take the base bid on the lobby glass rather than to add alternate #3; ,and to accept Alternate #4. I On motion by Commissioner Wedig, seconded by Commissioner Radtke and- unanimously carried, the Court will exercise Alternate #5 to eliminate grass planting by the Contractor~ On motion by Commissioner Barton, seconded by Commissioner Wedig and unanimously adopted, the Court determined to exercise Alternate #6 by use of Texlitej Alternate '#7 does not apply. . On motion by Commissioner Barton, seconded by Commissioner Wedig and unanimously carried, the Court ordered that the Texlite Integrated Wall System with sliding windows be used in the Courthouse building as Ahternate #8, thereby deducting $35,000. from the total cost.. On motion by Commissioner Radtke, seconded by Commissioner Wedig and unanimously carried, the Court will, ex~rcis~ b9~h, ~te~s,a) and b) of Alternate # 9. I On motion by Commissioner Radtke, seconded by Commissioner Wedig and unanimously adopted, the Court eliminated Alternate #10 and accepted, th~ Base Bid in this phase of construction. On motion by Commissioner Barton, seconded by Commissioner Wedig and unanimously carried, the' Court'authori~ed an'allowance'(in'Alte~nate-#ll) ..'' of $31,000. for elevators and to permit the Architects and the vontractor to negotiate to determine the final 'price to be paid for suitable elevators. . On motion by Commissioner Kemper, seconded by Commissioner Wedig and unanimously carried, the Court ordered that Alternates #12 and # 13 be exercised. , . . On motion by Commissionet Radtke, seconded by Commissioner Barton and unanimously carried the Court accepted suggestions #1 through #6, as proposed by the Architects and Contractor, totaling $8~750.00 as follows: . 1. Change terrazzo base to ceramic 'tile 'base in toilet rooms: , , DEDUCT $1~0. 06 2. Use terrazzo on 2nd floor and 3rd floor ,corridors: , ' ADD I '60.00 I 3. Use Narrow Stile Aluminum doors and sidelights in lieu of tempered glass: DEDUCT 4. Eliminate cement topping on curb and side- walk and finish Nonoli thically:' 1,580.00 DEDUCT' ,. .', 560.00-- . . l ..... r- 485~ . 5. Change steel deck catwalk to wood as per revised sketch: DEDUCT $4,160.00 I 6. Change 1st to 2nd floor from marble to terrazzo in treads: stair and landing with safety strips DEDUCT~~ 2,350.00 $B,750.00 TOTAL ACCEPTED CHANGES I , I On motion by Commissioner Barton, seconded by Commissioner Wedig ~nanimously adopted, the Court ordered that the Contractor be allowed ~1,700. for premiums on bonds to be carried in his favor on the sub- ~ontractors. and approx. On motion by Comraissioner Barton, seconded by Commissioner Radtke and ~nanimously carried, the Court adopted the recommendations of the Architects ~or changes in the plumbing contract, for a,tgtal deduction of $6,120.00 . On motion by Commissioner Radtke, seconded by Commissioner Kmmper and ~nanimously carried, the Court adopted the recommendations of the Architects ~or changes in the air conditioning contract for a total deduction of $2,163.; ~nd to exercise Alternate #1 in the bid in the amount of $700.00. l' On motion by comm:s:i:n:r-Barton, seconded by Commissioner Kemper and nanimously carried, the Court .accepted the base bid on the electric contract. I GRICULTURE BUILDING l On motion by Commissioner Radtke, seconded by Commissioner Kemper and nanimously adopted, the Court accepted the Architects' recommendations for, bhanges in the plumbing construction of the Agriculture Building for a total ~eduction of $14,164.90; for changes in electric work for a total deduction pf #3,663.95; for revision bf the air conditioning systeM for a total ~eduction of $12,500.00. . On motion by Commissioner Barton, seconded by Commissioner Wedig and ~nanimously adopted, the Court ordered that the final negotiated contracts bf the low bidders be accepted and awarded .as follows: D. W. Marshall eonstruction Corp., General Contractor: Courthouse-Jail:, $818,560.45 Agriculture Bldg.: 99,671.15 Southern Steel Co., Inc.: Jail Equipment: ~~ 68,975.00 Sub-Contractors: Electric: Acme Electric: $ 62,809.95 I H. V. A.C.: W.R. Cook Air Conditioning: ~~1l5.677 .00 Plumbing: Pat Farrell: $ BO,975.00 .- - EXHIBIT "A" I CALHOUN COUNTY COURT HOUSE & JAIL BLDG. D.W;MARSHALL CONSTRUCTION CORPORATION ~ASE BID $615,000.00 Alternate Bids shown in Proposal, and as delineated in Specifications. . .... ...,j r-486 oo~ ~ ~ et:l N . ;, !EXHIBIT "A" continued: (To be set up as an option $3Q,000.00.) Not accepted. Not accepted. Accepted Accepted Accepted Not accepted Accepted (Texlite Co.) This includes (a) using broken sheet in lieu of extrusions over Main Entrance (b) Substitute 10.5 Arcadia Aluminum sliding windows (c) includes an allowance of $828.00 for Jail screens 9. (a) Accepted . DEDUCT (b) Accepted DEDUCT Not accepted Accepted (with this item is bid of $31,000.00 savings from this the County). '2. ,Acc~pted )3. ,A ccepted I SUB To.TAL ~CEPTED CHANGES FROM PLANS: (General Construction) 1. 2. 3. 4. 5. 6. 7. 8. DEDUCT DEDUCT DEDUCT $ 200..00 I 1.200.00 50.0.00 35,000.00 3,950.00 . I 950.00 5,398.00 . DEDUCT a. : 1. DEDUCT an allowance in base for 2 elevators. Any amount to accrue to DEDUCT 1,125.00 DEDUCT - - ,515.00 $48,838.00. . 1. Change terrazzo base 'to cerarlJic .tile base in toilet rooms Use terrazzo on 2nd floor and 3rd floor corridors Use Narrow Stile Aluminum doors and side- lights in lieu qf tempered glass Eliminate cement topping on curb and side- walk and finish Monolithically Change steel deck catwalk to wood as per revised sketch Change 1st to 2nd floor stair and landing from marble to 'terrazzo with safety strips in treads DEDUCT $ 160.0.0 2. 1[3. 14. i~. ADD 60.00 DEDUCT 1,580..00. DEDUCT ,560.00 DEDUCT 4,160.00 DEDUCT 2.350.00 I 6. TOTAL ACCEPTED CHANGES . . $ 8,750.00. , --- -- --- ----- --- - - --- .-- - . . TOTAL GENERAL CONSTRUCTION ~ASE BID $615.000.00""" Accepted Alternates: (4,5,6,8,9,11,12,13) Accepted Changes: (1,2,3,4,5,6) $48,838.0.0 8,750.00, . To.TAL GENERAL CONSTRUCTION ELECTRIC SUB-CONTRACT 57 588.00 $557:412.00 . ~ASE BID (no changes) (Acme Electric Company) . $ 62,809.95 $ 62,809.95 ,/ H.V.A.C. SUB-CONTRACT $ll7,840,.oOv ASE BID (W.R. Cook Air Conditioning) Alt. #1 Accepted-DED. $700.00 Rev. #l Accepted- " 650.0.0 . (Eliminate thermometers and guages from all eqUipment except in equipment room and substitute thermomet~r wells andlor guage cock) TOTAL DEDUCTIONS . . I * 2.16,3 ..0.0., , - ! $115,677-.00. ~ ASE BID (Pat Farrell) Accepted Changes: PLUMBING SUB-CONTRACT $87,095.00./ . ' I 1. 2. 3. Not Accepted. Change downspout p~p~ng to Fast iron in lieu of wDought iron-DED-$4,20o. Accepted--Change fixtures to vitreous china with base & fluid connections DED-$1,520 Accepted--Omit pipe floor water proofing except in jail DED-$ 400 TOTAL DEDUCTIONS $ 6,120.00 4. TOTAL CONTRACT PRICE: $'8o..97~;oo. $259,461.95 1,686.50 557.412.0.0 ,$818.560.45 . TOTAL: Electrical, H.V.A.C. and Plumbing Sub-Contracts PLUS: General Vontractor's increase in Bond for: Electrical, H.V.A.C. & Plumbing PLUS: Total General Construction [ . ..... r I 487..... . EXHIBIT "A" I CALHOUN COUNTY AGRICULTURAL BUILDING D.W. KARSHALL CONSTRUCTION CORPORATION !BASE BID $130,000.00 Accepted Plumbing Deductions: I 1. 2. 3. 4. Eliminate water softener DEDUCT Not accepted Eliminate 30 gal. hot water heater DEDUCT Eliminate filter bed as specified and replace with 30-people capacity septic tank to meet state health department requirements: (submit shop drawing) DEDUCT TOTAL PLUMBING DEDUCT $ 420.00 94.90 $13 650.00 $14,164.90 Accepted Electrical Deductions: . 1- Eliminate center row fixtures Room 108 and relocate remaining rows DEDUCT $ 300.00 , 2. Change quiette switches to standard switches DEDUCT 29.24 3. Change "D" fixtures to drum 75.00 fixtures w/2-60 watt lamps DEDUCT 4. Relocate panel (B) in power 105.00 panel room DEDUCT <).6 and q not accepted. 7. Change "A" fixtures and L&P Streamliner ST2-40R 866.71 base tube DEDUCT TOTAL ELECTRICAL DEDUCTIONS $ 3,663.95 I Accepted H.V.& A.C. Changes Alternates 1,2,3,4 and 6 not accepted. Alternate 5, accepted. Furnish and install 2-9 HP Mathes air cooled units wj225,000 B.T.U. Duct Heater in all purpose['room w/2-150 ,000 B. Ti.U. closet type heaters in remainder of building with 10 electrical connections for window air conditioners: DEDUCT $12.500.00 TOTAL Alc DEDUCTIONS $lc , ':>00.00 TOTAL DEDUCTIONS TOTAL CONTRACT PRICE $ 30.328.85 $ 99,671.15 . --------- ---------------- I REGULAR I NOVEMBER TERM HELD NOVEMBER 6, 1957 II THE STATE OF TEXAS I I COUNTY OF CALHOUN I BE IT REMEI1BERED, that on this the 6th day of November, 1957, there was pegun and holden at the Courthouse in the City of Port Lavaca, said County and State, ~a' SPE1cial Term of the Commissioners' Court within and for said County and State,same'beingcFirstSpecial November Term, 1957, and there were present on this 'date the following officers of the ~ourt, to-wit: I HOWARD G. HARTZOG, FRANK E. WEDIG, R. If. KEMPER, ERNEST H. RADTKE, CLRRENCE BARTON, ~URICE G. WOOD, County Judge, Commissioner, Commissioner, Commissioner, Commissioner, Count'y Clerk, PI'. 1, Pro ?, PI'. 3, PI'. 4, whereupon, the following orders were made and entered by said Court, to-wit: . llo.... .... r'488 oo""'lll ~ ~ eo ~1_ . RIGHT OF WAY EASEMENT, HUMBLE PIPELINE CO. THE STATE OF TEXAS ~ o COUNTY OF CALHOUN 0 IN THE I ':;;:l COMMISSIONERS' COURT / ON THIS, the 6th day of November, 1957, at a Special Term or the Commissioners' Court of Calhoun County, Tex~s, with all members or the Court being present, on a motion made by Commissioner Frank Wedig, seconded by Commissioner R. F. Kemper and unanimously adopted, the Court ordered that I the Humble Pipeline Company be granted an extended right-of-way easement across FM 2433 so as to lower, at their own cost and expense, the'Quintana- . H. Alsup line; and that the Humble Pipeline,'Company be mailed a copy of this , order. IT IS SO ORDERED. . sl Howard G. Hartzog Howard G. Hartzog, County Judge, Calhoun County, Texas. Attest: SI Maurice G. Wood Maurice G. Wood, County Clerk, Calhoun County, Texas. By: Blanche B. Campen, Deputy. . . - - . - - - . CONVEYANCE OF COUNTY RIGHT OF WAY TO STATE HWY. DEPT. I ~ ON MOTION made by Commissioner Frank Wedig, seconded by Commissioner R. F. Kemper and unanimously adopted, the Court ordered that "a 1 acre tract of land,out of the 1.496 acre tract conveyed to the 'County by Mxss Josephine Cherry, be conveyed by the,County,to the State or Texas as a highway right-or-way for Farm-to-Market.Hrghway~No. 2433; and that the County Judge, attested by the County Clerk, Maurice G. Wood, are authorized and directed to sell,and,execute the necessary instruments of conveyance. . IT IS SO ORDERED;' , , ----------------- '. ACCEPT PROVISIONS OF STATE,HWY., COll\l'lISSION-MJ:NUTE-QRDER' __ ,__, . __ .., "_____' __ ___. __, , , , . " RESOLUTION ACCEPTING THE PROVISIONS OF STATE, HIGHWAY, COMI1ISSION-MI,NUTE ,ORDER-.. , , . ,---, . , --" ' --. -- , ".., ~,' -- ____ THE STATE OF TEXAS ~ I COUNTY OF CALHOUN ~ PORT LAVACA, TEXAS NOVEI1BER 6,1957 I MOTION was made by Commissioner Ernest Radtke and seconded by Comm1ssioner Clarence Barton that the Calhoun County Commissioners' Court accep~ the provisions contained in Minute 'Orde'r No~ 42939 passed' by the state High- way Conwission on October 31, 1957, for the improvement by the Texas Highway Department of the roads described below and that Calhoun County agrees to furnish all required right-of-way free of: cost t~ the State:' ". . :. C."b." . I *" 1. From State 35 at Point Comrort,"nor'th to Jackson County D.,ine, a distance of approximately 2.0 miles. , . VOTE on the motion was as follows: .- t'" IFrank Wedig, "AYE" ~. F. Kemper, "AYE" ~rnest Radtke "AYE" Clarence Barton "AYE" ~HEREUPON the motion ~as declared carried. . sl Howard G. Hartzog County Judge l ..... ~ I .... "<l ~ ~ I, ~ ...; ~ 1 I I - .0 -- THE STANDARD FORM OF AGREEMENT BETWEEN CONTRACTOR AND OWNER FOR CONSTRUCTION OF BUILDINGS ISSUED BY THE AMERICAN INSTITUTE OF ARCIDTECTS FOR USE WHEN A STIPULATED SUM FORMS THE BASIS OF PAYMENT TUB SIXTH EDmON OJ' THJ.! FORM HAl UCllVED THI APPkOV&L OJ' ml AJ!IOCIATID ClNDAL CONTI.AC"'roU OJ' AMERICA; TUB CONTaAcrJHG pL.U'J'Bazas' INTJIaHATWN'AL AaaOClATtOH j TUB NATlOWAL BUILDING CJtANITB. QUAUIU AlISOClATlON, INC.; TUB NAnOHAL BLBCTR.ICAL CONTaAcroaa ASSOClATlOH; niB PAINnNG AND DlcoJtAnNQ CONn.ACl'OU O~ AWDlCA, AND TUB PROOVCBU' COUNCIL, nrc. COPftICHT J91S~1918.192S.1937 BT TIll AMntCAN. IN~ 01' ARcumen, TBB OCTAGON, w.umxc- '1"ON, D. C. UPRODUcnON or rnl MATBJUAL DUSIN oa. SUD8TANT1AL QUOrATlON or m PaOnaro., wtTHOUT PIl.MlSSlON OF TRI AMDJCAN UU11Tt"B OF ARCHITBC'1'3 VlOLATU TUB COP'RlCBT LAW. 07 THE UNtnD STATU AND WILL 88 ,UBJECT TO LEGAL PI.OUCUTtON. THIS 'FOUf 11 TO B. UUD ONLY WITH TaB II'ANDAI.D G1tNlI.AL COJfDmOlil or TB' COarTlACJ' I'Oa ClOlt8TI.UcnON OF BUILDINGS. THIS AGREEMENT made the.,..?~.!,~.....J~L,...,............,.......... -.l /j9&' -11- I day oL.,~~.v.~,~.~~~.....in the year Nineteen Hundred and...~~.~,!,:-.~~~~,J?,?L,.... 1007 E. North St. . by and between ,P....,WA..MARSHALL.,C,QNS,T.RU,C,l'lOR.C,O.R..P.O.R.A.l'lON...Yict.<U:i.a. Texas (incorporated in the State of Texas) hereinafter called the Contractor, and..CAJ,JJ,QP.N...CO:uN:rX'u,TEXAS'uJM;j:j.Jl.g.,b.e.~~in ,m!J...t.l:xr.Qug.h,it.5.,Count:y"Commis.s..ione:J:.8"COllX.t.,...,..,..hereinafter called the Owner, WITNESSETH, that the Contractor and the Owner for the considerations hereinafter named agree as follows: Article 1. Scope of the Work-The Contractor shall furnish all, of the materials and per, form all of the work shown on the Drawings and described in the Specifications entitled gA;wJQQN,.~.Q.\m,l'X"AGro,CY...J,..l',P~..~WtJUNQ....:p,Q,~j:.,Lay.'"t:a""T.!:;>$.q.,i\,..."...". (Here inaer\ the caption descriptive ot the work &.II used on the Drawinp and in the other Contraet Doe;umenta) prepa red by .,RQQ.1'AJ.:__~..MAR:r1.N..,.ARQmTE.C.l',S.uHO'ul>j;~m~..:rex.ai\...,..,u...:.u,m' acting as and in these Contract Documents'entitled the Architect; and shall do every, thing required by this Agreement, the General Conditions of the Contract, the Speci, fications and'the Drawings. " Agreement Between Contractor Bnd Owner. Sixth Edition - Five Pages - Page 1. b.. :- b.. '>j <> " i:! b.. - 'I I, ..d ~ 1f~-ll';( Article 2',Time of Completion- The work to be performed under this Contract shall be . commenced ,J.M~p.Y\o:1'.~,~~..u",u..u..'u,.u",.ou.....u,...u..u.u.',,,u,....u.ou....,....u.....__............." and shall be substantially completed..J~..QE:~.B!!-.~~;r:~.c;l,uf.~;J:y..J~.?,<].L~~!.!<:~~g..~.Y.~.!.!.om (Here inllClTt .Opubttion .... to liquidated damaa:filI. it flOY.} date of Contr'act. LIQUlDA TED DAMAGES: For each calendar day that the work remains uncompleted after the expiration or consumption of the number of working days above stipulated, the County~,shall be ~ entitled to deduct from any compensation due the undersigned, and the undersigned binds and obliga! ed himself or itself to pay to the County, as liquidated damages, the sum of $2S. 00 for each such calender day. " Article 3. TbeCo~tractSUm--The Owner shall pay the Contractor for the performance of the Contract, subject to additions and deductions provided therein, in ,current funds as follows: NINETY-NINE THOUSAND SIX HUNDRED SEVENTY-ONE AND , . .~.. iS~'l~-. h~~'-d;~:.i~~~ .;~u ~~~.~t:-~~i;;;ri~~:- ~-; "b:;U;: -~nd~i;;;'- .i~-i~di-;id~;.j-~:)._.._..u_"-____.dn_."... lS/100 DOLLARS ($'.l9; 671. 15). ,See Exhibit "A" for breakdown of lump sum. .' ' UNIT PRICES: WORK INVOLVED , EXTRA CREDIT Raised or lowered drilled plinths and footings from depth shown oil plans Hand Excav::i.ting Wood Forms Plain Conc.rete, in place Reinforcing steel, in place .30 3.S0 3.DO 16;'00 170.00 ,40 S, 00 ' 3.60 ..19,00 200.00 , '. ., '\ UNIT OF MEASURE Litl, Ft. Cu. Yd.' Sq, Yd. Cu, Yd. Ton Where the quantities originally contemplated are so changed that application of the' . agreed unit price to the quantity of work. performed is shown to create a harqship to the Owncr or the Contractor, there shall be an equitable adjustment of the Contract to prevent such hardship, ' ' Agreement Between Contractor and Owner. Sixth Edition - Five Pagu - Page 2. ; 4-#---- . ~,----- I~' , ~"--. / ) -I ,I I 'I I I I' I I I I ~ .tjgg-A3 Article 4. Progress Payments-The Owner shall make payments on account of the Contract as provided therein, as follows: On or about then1~!).,~~nU.Q.t~L.........day of each month...n..,:,.~~,~.!y',J.?9.L..,.......per' cent of the value, based on the Contract prices of labor and materials incorporated in the work d f . I 'bl t d h . th f h First (1st) d f h an 0 materIa s sUlta y s ore at t e site ereo up to t e........,.....................,. ay 0 t at month, as estimated by the Architect, less the aggregate of previous payments j and upon substantial completion of the entire work, a sum sufficient to increase the total payments to,....9,~n..'...' per cent of the Contract price ,......,..........................,....................'....................., (Insert hC!l'C! Imy provi'ion mo.de tor limiting or rtdutlnsr tho amount "wined after the work reaches a certAin .ta.se of completion.) I ( Article 5. Acceptance and Final Payment-Final payment shall be due.~~E:~y.J?,Qldays after substantial completion of the work provided the work be then fully completed and the contract fully performed. Upon receipt of written notice that the work is ready for final inspection and acceptance, the Architect shall promptly make such inspec:tion, and when he finds the work accept, able under the Contract and the Contract fully performed he shall promptly issue a final certificate, over his own signature, stating that the work provided for in this Contract has been completed and is accepted by him under the terms and conditions thereof, and that the entire balance found to be due the Contractor, and noted in said final certificate, is due and payable. Before issuance of final certificate the Contractor shaH submit evidence satisfactory to the Architect that all payrolls, material bills, and other indebtedness connected with the work have been paid, If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Architect so certifies, the Owner shaH, upon certificate of the Architect, and without terminating the'Contract, make pay, ment of the balance due for that portion of the work fuHy completed and accepted. Such payment shaH be made under the terms and conditions g~verning final payment, except that it shall not constitute a waiver of claims. ' Agreement Betw2en Contractor and Owner. Sixth Edition - Five Pages - Page 3. '.. ", ,.... /j <t?- /11/ Article 6. The Contract Documents-The GeReral Conditions of the Contract, the Spec, ifications and the Drawings, together with this Agreement, form the "Contract; .and they are as fully a part of the Contract as if hereto attached or herein repeated. The follow, ing is an enumeration of the Specifications and Drawings: PLANS: GENERAL CONSTRUCTION: STRUCTURAL WORK: PLUMBING WORK: MECHANICAL WORK: ELECTRICAL WORK:, all as modified by Exhibit Sheets #1 thru f#4inclu!,ive, dated 8/23/57 Sheets f#S-l and S-2. dated 8/23/57 Sheets #P-l and P-2 dated 8/23/57 Sheet f#M-l dated 8/23/57 Sheets f#E-l and E-Z dated 8/23/57 "A". , SPECIFICA TIONS : " ," GENERAL CONSTRUCTION: Secti(:>ns 1 through 15 inclusive, PLUMBING SECTION, ELECTRICAL SECTION, H. V. A. C. ,SECTION, Addenda as follows: f#l dated 9/30/57; H2 dated 10/8/57; and #3 nO'date, and inCluding Instru~tions. to Bidders, Form of Proposal and Supplemental General Conditions. Agreement Between CODtracto~ and O' S'xth Ed'li ""'or,. lIon - Five Pages -. Page 4~ . " -'... ----_...... . .., -. --.... .....-----........._, y ~ .'> , ", ,", " .. '" , , " .' " o '0 ,"',' O' ,;;:::." ':' " ',,"- " ',;. :'6 'I' .,'. p '~ . ~... ~:" ,I IN WITNESS ~HEREOF the parties hereto have executed thls'Agreement, the ~~y '" . .':>;~''''! '.~ and year first above written. . , . ' ,,->,:}i.i;ll:/;;~.. CA~TY'~~ . ;~~~~ONST:~~2.~!~~'ci BLI/~ ' ~ ~ ""'''''''' ,~,~,'iC'" ~ ,.... How." G, Ha"o" G~=: , a". . . ..'.:'I""'':\"~':"'.(' \: . ~ ., a:,;t' d ~... ..~..... ";.' ,(+"",1.. r '.-", II , ' ,.,:".~;:"':',/:,:~,~_~.;.;:.:'.~.~v.:;.\y,r:'"",,, ATTEST: m .4P,.sr. ';;~':;i!!iin::""./:!lJ' ~ . . ,~' - COUNTY CLERK'S CERTIFICATE ',:,:",;',!g,.~.,':,'L' :) ..~ :; I .~. \,1{ . ,.", ~'f.~..', ~!. \',:. , . ,", " .", "\" ";'..' , d th' cont~ac.t and the attache.'!i.",I,b,ond " , IJc'ertift. tiiat;:-i::ii~:Gl>i;1missioners Court approve 1S .'1" :,;.: :.....,...~......~.;~.::I.(:':..:~:;:,~_:\~~l _l/ \.' '''';:P)j;];~' ~~ '",O~~~~:j~:j':(,:,.;.~:~':i:f~ii~,:~~+ -~, 1957. Ag.r~~in~~_~}~,~~t~~~ ~~tuctOT and Owner. Si:J:tli~EditioD~~_:'Fl!.~', Pages - Page S. - " - ". .. .....' ,~ ',' ~ :.' OVED':AND/OR CER TIFlED: ~{ -- , County Auditor ~ I I I 1,1 , I I, I I EXHIBIT "A" CALHOUN COUNTY AGRICULTURAL BUILDING I D~ W. MARSHALL CONSTRUCTION CORPORATION BASE BID: A::cepted Plumbing Deductions: l. 2. 3. 4. Eliminate water softener Not accepted Eliminate 30 gal. hot water heater Eliminate filter bed as Specified and replace with 3o-people capacity septic tank to meet state health department requirements: (submit shop drawing) TOTAL PLG. DEDUCT DEDUCT DEDUCT DEDUCT Accepted Electrical Deductions: I 1. Eliminate center row fixtures Room 108 and relocate re~ining rows DEDUCT 2. Change quiette switches to standard switches DEDUC T 3. Change "D" fixtures to drum fixtures w/2-60 watt lamps DEDUCT 4. Relocate panel (B) in power panel rm. DEDUCT 5, 6 and 9 not accepted. 7. Change "A" fixtures to: L'& P Stream- liner ST4-40R base tube DEDUCT 8. Change "B!' fixtures to L & P Stream- liner ST2-40R base tube DEDUCT TOTAL ELECTRICAL DEDUCTIONS Accepted H. V. & A. C. Changes: $ 420.00 $ 94. 90 $13, 650.00 $14,16.4.90 $ 300.00 29.24 75.00 105.00 2, 288. 00 866. 71 $ 3, 663. 95 Alternates 1, 2, 3, 4 and 6 not accepted. Alternate 5', accepted. Furnish and install 2-9 HP Mathes air cooled units w/225, 000 B. T. U. Duct Heater in all purpose room w/2-150, 000 B. T. U. closet type heaters in remainder of building with 10 electrical connections for window air conditioners: DEDUCT $12,500.00 TOTALA/C DEDUCTIONS ~$12, 500. 00 I TOTAL DEDUCTIONS TOTAL CONTRACT PRICE I .:5" .?'- ""'Ill J../g8- A-S $130,000.00 $ 30,328.85 $ 99,671. 15 r- ~gJ~- ~,. ~ N -< =- - ~ 0":" " ' -~ ~~ ,", -- -< '-:....-- , " , .' . TITLE PAGE . \ '. TITLE AND LOCATION OF THE' WORK:: .' NAME AND ADDRESS OF THE OWNER: NAME AND ADDRESS OF THE ARCHITECT: ' - .' TITLES OF DOCUMENTS BOUND HEREWITH' AND ENUMERATION OF DRAWINGS: ,-",? \ General Conditions Sizth Edition-Cover :' , I I I ?> I ~- ~. n. '1''''' ~o ,~ ,Ee ~ I I ~ e;:;" ~~ o.!. I "''''' <i ..:::. .,: I I I P.-- - THE GENERAL CONDITIONS OF THE CONTRACT FOR THE CONSTRUCTION OF BUILDINGS Standard Form of The American Institute of Architects THI 8'rAtlDAIUJ roaM OJ' GB.NDAL CONomou, amra KDmOlll, BAa IlECIlIVBD TBB APPROVAL CW TIIB AMOCIATID GJ:ND..I.L CONTU.Cl'OU OJ' AMUle.&.; m. CONTU.CTDIQ PLMI'uua' IHTEl.NAnOHA!.' AS!OClAnON; TUB IlAno.AI. BUlLDUlG GlANrnl QUAU.JJta A.I!OClAnoN, me.; TUI JlAnONAL IILECT1ICAL COHTU.CTOU AS!K)CLlTIm1'; 'I'B8: PAlXnNQ AND nBCOa.AnHO CON1"&AC'roU '" AMDlCA, AMD 11lI PIlODUCDI' COUNCIL, ore. 8lXTI1 EDITION', COPYRIGHT 1915 - 1918 - 1925 - 1931 - 1951 BY THB AMERICAN INSfITUTE OF ARCHrrEcn, WASHINGTON. D. C. REPROOUcnON OF THE MATERIAL HEREIN OR. SUBSTANTIAL QUOTATION OF ITS PROVISIONS WITHOUT l'EU1ISSION OF TilE AMF-RICAN INSTITUTE OF ARCHITECTS VIOLATES THE COPYRIGHT LAWS OF THB UNITED STATES AND WILL DR SUBJECT TO LEGAL PROSECUTIOS. INDEX TO THE ARTICLES OF THE GENERAL CONDITIONS 23. Contrac.tor', Right to,Stop \VorL:: or Terminate ConlracL 24. Application for P:l)'rnelll~. 25. Certiticates of Ptlymems. 26. Payments Withheld. 27. Co.ntractor's Liabilitv Insurance. 2S. Owner's Liability Insurance. 29. Fire Insurance. 30. Guaranty Bonds. 31. Damages. 32. Liens. 33. Assignment. H. Mutual Responsibility of Contracton. 35. Separate Contracts. 36. Subcontracts. 37. Relations of Contractor and Subcontractor. 38. Architect's Status. 39. Architect's Decisions. 40. Arbitration. 41. Cash Allowances. 42. Use of Premises. 43. Cutting, Patching ':Ind Digging. 44. Cleaning Up. 1. De6nitio!ls. 2. Execution, Correlation and Intent of Documcnu. 3. Detail Drawings and Instructions. 4. Copie! Furnished. S. Shop Drawings. 6. Drawings and Specifications on the \Vork. 7. Ownership of Drawings and Models. 8. Samples. 9. Materials, Appliances, Employees. 10. Royalties <lnd Patents. 11. Surveys, Permits and Regulations. 12. Protection of Work and Propeny. 13. Inspection of Work. H. Superintendence: Supervision. 1 S. Changes in the \Vork. 16. Claims for Extra Cost. 17. Deductions for Uncorrected Work. 18. Delays and Extension of Time. 19. Correction of Work Before Fina) Payment. 20. Correction of Work After Final Payment. 21. Owner's Right to do \Vork. 22. Owner's Right to Terminate Contract. Art. 1 Definitions. (a) The Contract Documents consist of the Agreement, the General Conditions of the Contract, the Drawings and Specifications, including all modifications thereof incorporated in the documents before their execution. These form the Contract. (b) The Owner, the Contractor and the Architect are those mentioned as such in the Agreement. .. They are treated throughout the Contract 'Documents as if each were of the singular number and masculine gender. (c) The term Subcontractor, as employed herein, includes only those having a direct con- tract with the Contractor and it includes one who furnishes material worked to a special design according to the plans or specifications of this work:, but does not in- clude one who merely furnishes material not so worked, (d) Written notice shall be deemed to have been duly served if ,delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. (e) The term (fworklJ of the Contractor or Subcontractor includes labor or materials or both, (f) All time limits stated in the Contract Documents are of the essence of the Contract. (g) The law of the place of building shall govern the construction of this Contract. Art. 2. Execution, Correlation and Intent of DocnmentB.- The Contract Thlcuments shall be signed in duplicate by the Owner and the Contractor. In case the Owner and the Contractor fail to sign the General Conditions, Drawings or Specifications, the Architect shall identify them, FORM A2 General Conditions. Sixth Edition Ten Pages-Page 1. """Ill /.fg8-A7 i'" -- ". ~i'" '1''''' ~o ,~ EB i:; .... '. I/GJ~ - /i- ~ ( I The Contract Documents are complementary, and what is called farhy anyone shall .be as binding as if called for by all. The intention of the documents is to include all labor and materials, equipment and transportation necessary for the proper execution of the work. It is not illtcncled, however, that matcria'fs or work not covered by or properly inferable from any heading, branch, class or trade of the specificatipns shall be supplied unless distinctly so noted on the drawings. ~'latcrials or \vork described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized st:mdarcls. Art. 3. Detail Drawings and Instructions.-The Architect shall lurnish with reasonable prompt: ness, additional instructions, by means of drawings or otherwise, necessary for the proper execution of the work. All such drawings and inst!'t1ctions shall be consistent with the Contract pocuments, true developments thereof, and reasonably inferable therefrom. : The work shall be executed in conformity therewith and c,the Contractor shall do no work without proper drawings and instructicns. The Contractor and the Architect, if either so requests, shall jointly prepare a' schedule, subject to chaflge from time to time in accordance with the progress of the work, llxing the dates at which the various detail drawi:1gs will be required, and the Architect shall furnish them in accordance with that" schedule, Under like conditions, a schedule shall be prepared, fixing the dates lor the submission of shop drawings, for the beginning of manufacture and instaliation of materials and for the com- , pletion of the various parts of the work. , -~ ./~ Art:""4"""Ci;pies'Fiii'iif~~~ded"itr'the -"0on{,"o." aucumon" ll.t:', A'dlll<CJ-~ wiIL~.fUfnisht6t(b;t~ontDa&OF~:clJa.r:gerea1kicopies:.o.obA'CAu.ti.nw::~ .."ad ."~ps'r.ifir9t.i...no:. rM.:an~1 nccessft~1'" !lfMtlti9RI:~..uW'- - ~ --. -,,-,~--~., ~ . -.....,.~~-....----:.,,..,..~___~~........-.......--u:" " Art. 5, Shop Drawings.- The Contractor sh'all submit with such promptness as to cause no delay ill his own work o. in that of, any other Contractor, two copies of all shop or setting drawings and schedules required for the work of the various trades, and the Architect shall pass upon them with reasonable promptness, making desired corrections, including all necessary correction~ relating to artistic effect. 'The Contractor shall make any corrections required by the Architect, file with him" two corrected copies and furnish such other copies as may be needed: The Architect's approval of such drawings or schedules shall not relievc the Contractor from responsibility for deviations ,.from drawings or specifications, unless he has in writing called the Architect's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. Art. 6. Drawings and Specifications on the Work. -The Contractor shall keep one copy 01 all draw- ings and specifications on the work, in good order, available to the Archit~ct and to his repre- sentatives. .. " Art. 7. Ownership of Drawings and, Mooels.-All drawings, specifications and copies thereof furnished by the. Architect are his property. They are no~ to be used on other work and, .with the exception of the signed Contract set, are to be returned to him on request, at the completion of the work. All models are the property of the Owner, ' Art. 8. Samples.- The Contractor shall furnish lor- approval all samples as directed, The work shall be in accordance with approved samples, Art. 9, Materials, Appliances, Employees.-Unless otherwise stipulated, the Contractor shall pro- , vide and pay for all materials, labor, wa'..;r, tools, equipment, light, po;,ver, transportation "and other facilities necessary for the execution and completiori of the work. Unless otherwise specified, all materials sholl be new. and both workmanship and' materials shall be of good quality. The Contractor shall, ifr(;quired, furnish satisfactory evidence as to the kind and quality of materials. . The Contractor shall at all times enforce strict discipline and good order among his e.mployees, and shall not ~mploy on the work any unfit person or anyone not skilled in the work assigned to him.' . Art. 10 Royalties and Patents.- The Contractor 'shall pav all royalties and license fees. He shall defend all suits or claims for infringement of any patent ;ights and shall save the Owner harmless from loss on account thereof, except that the Owner shall be responsible for .all such loss when a particular process or the product of a" particular manufacturer or manufacturers is specified, bu"t I I General Conditions. Sixth Edition-Ten Pages-Page 2. I I l .... 188- /t1 Il I' Jf the Contractor has information that the process Or article specified is an infringement of a patent he shall be responsible for such loss unless he promptly gives such information to the Architec~ or Owner. Art. 11, Surveys, Permits and ReguIations.- The Owner shall furtish all surveys unless otherwise specified. Permits and licenses of a temporary nature necessary for tl.e prosecution of the work shall be secured and paid for by the Contractor. Permits, licenses and ,easements for permanent struc- tures Or permanent changes in existing facilities shall be secured and paid for by the Owner, unless ~therwjse specified. '. The Contractor shall give a1\ notices and comply with all laws., or';inances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the drawings and' specifications lre at variance therewith, he shall promptly notify the Architect in writing, and any necessary changes sha1\ be adjusted as provided in the Contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Architect, be sball ""ar all costs arising therefrom. Art. 12 Protection oCWork and Property.-The Contractor shall continuously maintain adequate protection of all his work from damage and shall protect the Owner's property from injury or loss arising in connection with this Contract. He shall make good any such damage, injury or loss, except such as may be directly due to errors in the Contract Documents or caused by agents or employees of the Owner. He shall adequately protect adjacent property as provided by law and the Contract Documents. The Contractor shall take all necessary precautions for the safety of employees on the work, and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building codes to prevent accidents or injury to persons on, ab,out or adjacent to the premises where the work is being performed. He shaH erect and properly maintain at .all times, as required by the conditions and progress of the work, aH necessary safeguards for the protection of workmen and the public and shall post danger ,igns warning against the hazards created by such features of construction as protruding nails, hod hoists) well holes, elevator hatchways, scaffolding, window openings, stairways and falling materials; and he shaH designate a responsible member of his organi- zation on thc work, whose duty shall be the prevention of accidents. The name and position of the person so designated shall be reported to the Architeet by the Contractor. In an emergency affecting the safety of life or of the work Or of adjoining property, the Con, tractor, without special instruction or. authorization from the Archltect or Owner, is hereby per- mitted to act, at his discretion, to prevent such threatened loss or injury) and he shall so act, without appeal, jf so ,instructed or authorized. Any compensation, claimed by the Contractor on account of emergency work, shall be determined by agreement or Arbitration. ' Art, 13. Inspection oC Work.- The Architect and his representatives shall at all times have access to the work wherever it is in preparation or progress and the Contractor shall provide proper facilities for such access and for inspection. . If the specifications, the Architect's instructions, laws, ordinances or any public authority require any work to be specially tested or approved, the Contractor shall give the Architect timely notice of its readiness for inspection, and if the in~pection is by another authority than 'the Architect, of the date fixcd for such inspection, Inspections by the Architect shall be promptly made, and whcre practicable at the source of supply. If any work should be covered up without approval or consent of the Architect, it must, if required by the Architect, be uncovered for examination at the Contractor's expense. Re-exllmination of questioned work may be ordered by the Architect and if so ordered the work must be lIncovered by the Contractor. If such work be found in accordance with the Contract Documents the Owner shall pay the cost of re-examination and replacement: If such work be found not in accordance with the Contract Documents the Contractor shall pay such cost, unless he shall show that the defect in the work was caused by another Contractor, and in that event the Owner shall PllY sllch cast. . ' Art. 14. Superintendence: Supervision.-The Contractor shall keep on his work. during itll progress, a competent supenntendent and any necessary assi~tants, all satisfactory to the Architect. The superintendent shllll not be changed except with the consent o~ the Architect, unless the super- intendent proves to be unsatisfactory to the Contractor and ceases to he in his' employ. The I I General Conditions. Sixth Edition-Ten Pages-Page 3. 'I ,./ , -- .- --- I' r- General Conditions. Sixth EditioD.-Te~ Pagc&;-Page oi. I /f~t-A-/o tl " , superintendent shall represent the Contractor in his absence and all directions given to him'shall be :IS binding as if given to the Contractor. Important directions shall be confirmed in ,vritirig to the Contractor. Other directions shall be so confirmed on written request in each case. "" The Contractor shall give efficient supervision to the work, using his best skill and attention.' He shall carefully study and compare all drawings, speci/ications 'and other instructions and shall at once report to the Architect any error, inconsistency or omission which he may discovert but he shall not be held responsible for their existence or discovery. ' " ' . , . ' Art. 15. Changes in the Work.-The Owner, without ,invalidating the Contract, may order extra' work or make changes by altering, adding to or deducting from the work, the Contract Sum being adjusted accordingly. All such work shall be executed under the conditions of the original. contract except that any claim for extension of, time caused tbereby shall be adjusted at the time of ordering such change, ' In giving instructions, the Architect shall have authority to make minor changes in the work,' not involving-extra "costl and not inconsistent with the pu~poses 'of th~ building, but othenvise, except in an emergency endangering life or property, no extra work or change shall be made unless in, pursuance of a' written order from the Owner signed or countersigned ;by the Architect, or a written order from the Architect stating that the Owner has authorized the extra work or change. and no claim for an addition to the contract sum shall be valid unl~ so ordered. ' . The value of any such extra work or change shall be determined in one ormore of. the following ways: ;1 (a) By estimate and acceptance in a lump sum. (b) By unit prices named in the contract or subsequently agreed upon. (c) By cost and percentage or by cost and a lixed fee. If none of the above methods is agreed upon, the Contractor, provided he receives an order as above, shall proceed with the work. In such case and also under case (c), he shall keep and present in such form as the Architect may direct, a correct account of the cost, together with vouchers. In any case, the Architect shall certify to the amount, including reasonable allowance for overhead and profit, due to the Contractor. Pending /inal determination of. value, payments on. account of changes shall be made on the Architect's certificate. ,.' Should conditions encountered below the surface of the ground be at variance with the con- ditions indicated by the drawings and specifications the contract sum, shall be equitably adjusted upon claim by either party made within a reasonable time after the first observance of the conditions. Art. 16. Claims for Extra Cost.-If the Contractor claims that any i~structions by drawings or otherwise involve extra 'cost under this contract, he shall give :the. Architect. written notice thereof within a reasonable time after the receipt of such instructions, and in any 'event before proceeding to execute the work, except in emergency endangering life or property, and the procedure shall then be as provided for changes in the work. No such claim shall be valid unless so made. Art, 17. Deductions for Uncorrected Work.-'If the Architect and Owner deem it inexpedient to correct work injured or done not in accordance with the, Contract. 31) equitable deduction from the contract pri~_e shall be made therdor. ,.' . opregTtSs ' of t k by any act or neglect of the Owner or the Architect, or of any employee of either, or by any separate tractor employed by the Owner, or by changes ordered in. the worle, or by strik.., lockouts, fire, unus elay in transportation, unavoidable casualties or any causes beyond' the Contractor's control, or authorized by the Architect pending arbitration; or by any cause which the Architect shall decide ' ify the delay, then the time of completion shall be extended for such' reasonable time as the Archit decide, . No such extension shall be made for delay ing more than seven days before claim therefor is made in writing to the Architect. In the case 0 inuing cause Of delay, only one claim is necessary. " ,. . ".' . . '. '. . , If no schedule or agreement stating the dates upon which draWl . hall be furmshed IS made" then no claim for delay shall be allowed on account of failure to furnish r ' ,until two weeks after demand for such drawings and not then ,unless such claim be 'reasonable. . , This article does not exclude the recovery .of ,damages for delay. by either party un the~ ~" ' . , .., .. I I """II 1&'ff" A J I I I Art. 19 Correction of Work Before Final Payment.- The Contractor shall promptly remoVe from the premises all work condemned by the Architect as failing to conform to the Contract, whether incorporated or not, and the Contractor shall promptly replace and re-execute his own work in ac~ cordance with the Contract and without expense to the Owner and shall bear the expense of Il!~~!lg good all work of other contractors destroyed or damaged by such removal or replacement. . If the Contractor does not remove such condemned work within a reasonable time, fixed by written notice, the Owner may remove it and may store the material at the expense of the Con- tractor, If the Contractor does not pay the expenses of such removal within ten days' time there- after, the Owner may, upon ten days' written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and expenses that should have been borne by the Contractor. Art. 20. Correction of Work After Final Payment.-Neither the final certificate nor payment nor any provision in the Contract Documents shall relieve the Contractor of responsibility for faulty materials or workmanship and, unless otherwise specified, he shall remedy any defects due thereto- and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of substantial completion. The Owner shall give notice of observed defects with reasonable promptness. All questions ar.sing under this article shall be decided by the Archi- tect subject to arbitration. Arl. 21. The Owner's Right to Do Work.-If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this contract, the Owner, after three days' written notice to the Contractor may, without prejudice to any other remedy he may have, make good such de- ficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor, provided, however, that the Architect shall approve both such action and the amount charged to the Contractor. Arl. 22. Owner's Right to Terminate Contract.-If the Contractor, should be adjudged a bank- rupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should {ail, except in cases for which extension of time is provided, to supply enough properly skilled work, men Or proper materials, or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Architect, or otherwise be guilty of a substantial violation of any provision of the contract, then the Owner, upon the certificate of the Architect that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy' and after giving the Contractor seven days' written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method he may deem expedient. In such Case the Contractor shall not be entitled to receive any further payment until the worle is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work including compensation for additional managemental and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. The expense incurred by the Owner as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Architect. Art. 23 Contractor's Right to Stop Work or Terminate Contract.-If the work should be stopped under an order of any court, or other public authority, for a period of three months, through no act or fault of the Contractor or of anyone employed by him, or if the Architect should fail to issue any certificate for payment within seven days after it is due, or if the Owner should fail to pay to the Contractor within seven days of its maturity and presentation, any sum certified by the Architect or awarded by arbitrators, then the Contractor may, upon seven days' written notice to the Owner and the Architect, stop work or terminate this contract and recover from the Owiler payment for all work executed and any loss sustained upon any plant Or materials and reasonable profit and damages. Art. 24. Applications for Payments.- The Contractor shall submit to the Architect an application for each payment, and, if required, receipts or other vouchers, showing his payments for materials and labor, including oayments to subcontractors as required by Article 37.' . If payments are made on valuation of work done, such application shall be submitted at least ten days before each payment falls due, and, if required, the Contractor shall, before the first application, submit to the Architect a schedule of values of the various parts of the work, including quantities, aggregating the total sum of the contract, divided so as to facilitate payments to sub- General Conditions. Sixth Edition-Ten Pages-Page S. I I I J.jgg A J:<' I contractors in accordance with Article 37 (e). made out'in such formlas :the Architect arid the Con- ' . tractor may agree upon, and, if required, supported by such evidence as' to its correctness. as the. Architect may direct. This schedule, when approved by the Architect, shall be used as a basis for certificates of payment, unless it be found to be in error. In. applying for payments, the Con-. tractor shall suomit a statement based upon this schedule" and, if rcquired, itemized in such form and supported by. such evidence as the Architect may direct, showing 'his right to the payment claimed. If payments are made on account of materials delivered and suitably stored at the site but not incorporated in the work, they shall, if required by the Architect, be conditional upon submission by the Contractor of bills of sale or such other procedure as will establish the Owner's title to such material or otherwise adequately protect the 'Owner's int~rest. . Art. 25. Certificates of Payments.-lf 'the Contractor has made application, as above, the Architect shall, not later than the date when each payment falls due, issue t9 the Contractor a certificate for such amount as he decides 10 be properly due, or state in .writing ,his reasons for withholding a cer, , tificate, No certificate issued nor payment 'made -to the Contractor, nor partial Or entire use or occupancy of the work b}; the Owner, 'shall be an acceptance of any \\rork or ,materials not in accordance with this contract, The making nnd 'acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from ,faulty. work appearing after final payment or from requirement of the speci~cations, and of all, claims by the Contractor, excep'[' those previously made and still unsettled. , ' . Should the Owner fail to pay the sum named in any certificate of- the Architect or in any award by arbitration, upon demand \vhen due, .the Contractor shall receive, in addition to the sum named in the certificate, interest thereon at the legal rate in force at the place of building. Art. 26, Payments Withheld.- The Architect may withhold or, on account of subsequently dis- , covered evidence, nullify the whole or a part of any certificate to such .ex'tent as may be necessary to ' protect the Owner from loss on account ,of: (a) Defective work not remedied, (b) Claims filed or reasonable evidence indicating probable filing of claims. (c) Failure" of the Contractor to make payments properly to subcontractors or for . material or labor. - '. i . ' , ' (d) A reasonable doubt that the contract can be completed lor the balance then unpaid. (e) Damage to another Contractor. ' When the above grounds are removed payment shall be made for a~ounts withheld because of them. ~eontraetbl.s-tiKbiUty Ib~u..u....n.':'. Wl... Ov.~l......l....~ J..Jl .....:..l..:.. :....J. :....~u........ .... ..:11 prate im from cl~ims under v,"orkmen's compensation acts and from claiqis for damages because of bodily in) 'including death, which may ar.ise from and' during opedltions under this Contract, whether such ations be by himself or by any subcontractor or anyone directly' or indirectly em- plored by either 0 m. This insurance shall be written for not less than any limits of liability, specified as part of this c act. This insurance need not cover any liability imposed by Article 31 of these General Conditions. '/icates of such ins,,,!rance shall- be filed with the Owner if he so re-' qUires. Art. 28. Owner's Liability lnsurance.- ,Owner shall be responsible for and at his option may maintain such insurance as will protect him his contingent liability to others fOf., damages be- cause of bodily injury, including death, which may . e from operations under this contract, and any other liability for damages which the Contractor is requ to insure unoer any. provision of this contract. Art. 29. Fire lnsurance.- The Owner shall effect and maintain insurance upon the entire structure on which the work of this contract is to be done to one hundie '-cent' of the insurable \J value thereof, including items of labor and materials connected' therewith w r' in or adjacent . 31, to the structure insured,. materials in place or to be used as 'part of the perma construct~on '\--. including surplus materials, shanties, protective fences, bridges, or -temporary structu miscel- 't\~ )ancous materi~~ ~nd supp~~ncident t? th:. W<:~k" a~2- such scaffoldings, stagings, tow~, _ ~~,: t~ ana eqiififtiiefir as are not owneOO'rreRf~ytli~ttact6t~~()i ",1m.h 1:1 im..llltleauin- ... ,,:--..... I ,I General Conditions. 8mb EditioD-:-Ten Page~Page 6. I I l ""'l 1/ 8 [f / A J3 I I v~t-_,~-t~ ~rk" E.VMJlnlf!"'-~~l...lJrtift~lI4- ..Jl ,-<.mo. ~.j ~__b .l.n....d 1>, .u......h.....:...." 8r\y'lt.~!oolst equipment, scaffolding, staging, towers, and forms owned or rented by the Contractor, the capilal value of which is not included in the cost of the work, or any cook shanties, bunk houses, or other 'nructures erected for housing the workmen. The loss, if any, is to be made adjustable with and payable to the Owner as Trustee for the insureds as their interests may appear, except in such cases as may~ equire payment of all or a proportion of said insurance to be made to a mortgagee as his interests may a ar. The Contractor an - 1 subcontractors shall be named or designated in such capacity as insured jointly with the Owner in policies, all of which shall be open to the Contractor's inspection. Certificates of such insurance s be filed with the Contractor if he so requires. If the Owner fails to effect or maintain insurance as ~ e and so notifies the Contractor, the Contractor may insure his own interest and that of the subcontra ,s and charge the cost thereof to the Owner. If the Con- tractor is damaged by failure of the Owne 0 maintain such insurance or to SO notify the Contrac- tor, he may recover as stipulated in the contra or recovery of damages. If extended coverage or other special insurance not herein provided for is uired by the Contractor, the Owner shall effect such insurance at the Contractor's expense by approp . te riders to his fire insurance policy. If required in writing by any party in interest, the er as Trustee shall, upon the occurrence of loss, give bond for the proper performance of his duties. . e shall deposit any money received from insurance in an account separate from all his other funds he shall distribute it in accord- ance with such agreement as the' parties in interest may reach, or der an award of arbitrators appointed, one by the Owner, another by joint action of the other par in interest, all other pro. cedure being as provided elsewhere in the contracts for Arbitration. If a loss no special agree- ment is made, replacement of injured work shall be ordered and executed as p 'de for changes in the work. The Trustees shall have power to adjust and settle any loss with the insurers un one of the Contractors interested shall object in writing within three working days of the occurre of loss, and thereupon arbitrators shall be chosen as above. The Trustee' shall in that case make ttlo- ment with the insurers in accordance with the directions of such arbitrators, who shall also, . d' " .,.,. . . , Art. 30. Guaranty Bonds,- The Owner shall have the right, prior to the signing of the Contract, to require the Contractor to furnish bond covering the faithful performance of the Contract and the payment of all obligations arising thereunder, in such form as the Owner may prescribe and with such sureties as he may approve. If such bond is required by instructions. given previous to the sub- mission of bids, the premium shall be 'paid by the Contractor; if subsequent thereto, it shalJ be paid by the Owner. Art. 31. Damages.-If either party to this Contract should suffer damage in any manner because of any wrongful act or neglect of the other party or of anyone employed by him, then he shall be reimbursed by the other party for such damage, provided, the Owner shall be responsible for and at his option insure against loss of Use of any of his existing pl'operty, due to fire or otherwise, how. ever caused. ' Claims under this clause shall be made in writing to the party liable within a reasonable time of the first observance of such damage and not later than the time of final payment,' except as expressly stipulated otherwise in the case of laulty work or materials, and shall' be adjusted by agreement or arbitration. The Contractor is relieved of responsibility for damages to the work due 'to causes beyond the control of and without fault or negligence of the Contractor. Art, 32. Liens.-Neither the final payment nor any part of the retained percentage shall becnme due until the Contractor, if required, shall deliver to the Owner a complete release of all liens arising out of this Contract, Or receipts in full in lieu thereof and, if required' in either case, an affidavit that so far as he has knowledge or information the releases and receipts include all the labor and material for which a lien could be filed; but the Contractor may, if any subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the Owner, to indemnify him against any lien. Ii any lien remain unsatisfied after all payments are made, the Contractor shall .refund to the Owner all moneys that the latter may be' compelled to pay in discharging such a lien, including all costs and a reasonable attorney1s fee. Art. 33. Assignment. Neither party to the Contract shall assign the Contract or sublet it 'as a I I General Conditions. Sixth Edition.-Ten Pages-Page 7. I {\/ - ...l1lI I""" A/r;t - A- If , I whole without the written consent of the other, nOT shall the Contractor assign any moneys due or to become due to him hereunder, Without the previous written consent of the Owner. Art. 34, Mutual Responsibility of Contractors,-Should the Contractor cause damage to any separate contractor on the work the Contractor agreesl upon due notice, ,to settle with such con- tractor .by agreement or arbitration, if he will so settle. If such separate contractor sues t.l"e Owner on account 01 any damage alleged to have been so sustained, the Owner shall notify the Contractor, who shall defend such proceedings at the Owner's expense and, if any judgment againsf.the Owner arise therefrom, the Contractor shall payor satisfy it alld pay all costs incurred by the Owner. , 0 Art. 35. Separate Contracts.- The Owner reserves the right to let other contracts in connection with this work. . The Contractor shalLafford other contractors reasonable opportunity for the intro- duction and storage 01 their materials and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends' for proper execution. or results upon the work of any other contractor, the Contractor shall inspect and promptly report to the Architect any defects in such work that render it unsuitable for such proper execution and results. His failure so to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper for the reception of his work, except as to defects which may develop in the othet: contractor's work after "the execution of his work. To. insure the proper execution of his subsequent work the Contractor shall measure work already in place and shall at once report to the Architect any discrepancy between the executed work and the drawings, ' " Art. 36. Subcontracts.~The Contractor shall, as soon as practicable after the execution of the contract, notily the Architect in writing of the names of subcontractors proposed lor the, principal parts of the work and for such others as the Architect may direct and, shall not employ any that the Architect may within a reasonable time object to as incompetent or unfit. H the Contractor has submitted before execution of the contract a list of subcontractors and the change' of" any name on such list is required in writing by the Owner after such execution, the contract price' shall be increased or diminished by the difference in cost occasioned by such change. . The Architect shall, On request, furni.sh to tny subcontract,?,r, wh~rever practicable, evidence of the amounts certified on ~is account. The Contractor agrees .that he is as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly. employed by them, .ashe is for the acts and omissions of perwns directly employed by him. Nothing contained in the contract documents shall create any contractual relation betWeen any subcontractor and the Owner. I I Art. 37. Relations of Contractor and Subcontractor,- The Contractor' agrees to bind every Sub- contractor and every Subcontractor agrees to be hound by the terms of the Agreement, the General Conditions, the Drawings and Specifications as far as applicable to his work, including the follow- ing provisions of this article, unless specifically nqted to the contrary in a subcontract approved in writing as adequate by the Owner or Architect. ~ This does not apply to minor subc~ntracts. The Subcontractor agrees- (a) To be bound to the Contractor by the terms of iogs and Specifications, and to assume. toward him all by those documents, assumes toward' the Owner. (b) To submit to the Contractor applications for payment in such reasonable'time as to enable the Contractor to apply for payment under Article_2~ of the General Conditions:, (c) To make all claims for extras, for extensions of time and for damages for delays or other- wise, to the Contractor in the manner provided in the General Conditions' for like claims by the Contractor upon the Owner, except that the time for making claims for extra. cost is 'One week. The Contractor agrees-- (d) To be bound to th< Subcontractor by all the obligations that the Owner assumes to the Contractor under the Agreement, General 'Conditions, Drawings and Specifications; and by all the' provisions thereof affording remedies and r~dress to the C~)Otractor from the OWl\e!:, , , > the Agreement, General Conditions, Dr<,!-w- the obligations and responsibi~ities that' he, General Conditions.;, Sbtb Editi.on-Ten Pages-Page 8. I I ... \. f ,-. ~ .; If ggJ, A Jj ""'l1lI I I (e) To pay the Subcontractor, upon the payment of certificates, if issued under the schedule of values described in Article 24 of the ~neral Conditions, the amount allowed to the Contractor on account of the Subcontractor's work to the extent of the Subcontractor's interest therein, (I) To pay the Subcontractor, upon the payment of certificates, if issued otherwise than as in (e), so that at all times his total payments shall be as large in proportion to the value of the work done by him as the total amount certified to the Contractor is to the value of the work done by him. (g) To pay the Subcontractor to such extent' as may be provided by the Contract Documents or the subcontract, if either of these provides for earlier or larger payments than the above. (h) To pay the Subcontractor on demand for his war\: or materials as far as executed and fixed in place, less the retained percentage, at the time the certificate should issue, even though the' Architect fails to issue it for any cause not the fault of the Subcontractor. ,(j) To pay the Subcontractor a just snare a} any fire IDsurance money received by him, the Contractor, under Article 29 of the General Conditions. (k) To make no demand for liquidated damages or penalty for delay in any sum in excess of such amount as may be specifically named in the subcontract. (l) That no claim for services rendered or materials furnished by the Contractor to the Sub- contractor shall be valid unless written notice thereof is given by the Contractor to the Subcontractor during the first ten days of the calendar month following that in which the claim originated. (m) To give the Subcontractor an opportunity to be present .and to submit evidence in any arbitration involving his rights. (n) To name as arbitrator under arbitration proceedings as provided in the General Conditions the person nominated by the Subcontractor, if the sole cause of dispute is the work, materials, rights or responsibilities of the Subcontractor; or, if of the Subcontractor and any other subcontractor jointly, 'to name as such arbitrator the person upon whom they agree. The Contractor and the Subcontractor agree that- (0) In the matter of arbitration, their rights and obligations and all procedure shall be analogous to those set forth in this contract. Nothing in this article shall create any obligation on the part of the Owner to pay to or to see to the payment of any su~s to any subcontractor. Art. 38. Architect's Status.- The Architect shall have general superv:i,ion and direction of the work. He is the agent of the Owner only to the extent provided in the Contract Documents and when in special instances he is authorized by the Owner so to act, and in such instances he shall. upon request, show the Contractor written authority. He has authority to stop the work when, ever such stoppage may be necessary to insure the proper execution of the Contract. As the Architect is, in the first instance, the interpreter of the conditions of the Contract and the judge of its performance, he shall side neither with the Owner nor with the Contractor, but shaH use his powers under the contract to enforce its faithful performance by bQth. In case of the termination of the employment of the Architect, the Owner shall appoint a capable and reputable Architect, against whom the Contractor makes no reasonable objection, whose status under the contract shaH be that of the former Architect; any dispute in connection with such appointment to be subject to arbitration. Art. 39, Architect's Decisions. -The Architect shall, within a reasonable time, make decisions on all claims of the Owner or Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the Contract Documents. The Architect's decisions, in matters relating to artistic effect, shall be final, if within the terms of the Contract Documents. Except as above Or as otherwise expressly provided in the Contract Documents, all the Archi- tect's decisions are subject to arbitration. If, however, the Architect fails to render a decision within ten days after the parties have presented their evidence, either party may then demand arbitration. If the Architect renders a decision after arbitration proceedings have been initiated. such decision may be entered as evidence hut shall not disturb or interrupt such proceedings except where such decision .is.. acceptable to the parties concerned. I I General Conditions. Sixth Edition-Ten Pages-Page 9. I .-.\; -- --, ..- r ~r!f(- I} /6 ~.140~Ar6it&'lron~l~tes, CIa1ms .of Cj11r:sdtJl1S~ubj(';\"~"m 'atbtt:rat~........-~kk& lhir. ft_-t-nt' shal!"'be submitted to arbitration in accordance with the provisions, then obtaining, of the Standard Form of 'tration Procedure of The American Institute of Architects, and this agreement shall be specifically en able under the prevailing arbitration law, and judgment upon the award rendered may be entered i~ court of the forum, state or federal, having jurisdiction. It is mutually agreed that' the decision""iif.,UJe arbitrators shall be a condition precedent to any right of legal action that either party may have agll~he other. The Contractor shall not cause~~lay of the work during any arbitration proceedings, except by agreement with the Owner. '"'q, Notice of the demand for arbitration ~dispute shalt be filed in writing with the Architect and the other party to the contract, If the arbiti'atiQn is an appeal from the Architect's decision, the demand therefor shall be made within ten davs of ll;J~eipt; in any other case the demand for arbitration shall be made within a -reasonable time aftertm~ ..s ute has arisen; in no' case, -however, shall the demand be made later than the, time of final, payment, etas otherwise expressly stipu- lated in the contract. The arbitrators, if they ,deem that the case requires it, arc authon to award to the party whose contention is sustained, such sums as they or a majority of them sha em proper to com- pensate him for the time and expense incident to the proceeding and, if the arbitrat was demanded without reasonable 'cam.e, they may also award d~mages for deb}'. The arbitrators s own compensa,tion, unless. otherwi:;.e provid.ed by agreementJ and shall assess the costs an Art. 41. Cash Allowances.- The Contractor shall include in the contract sum all allowances named in the Contract Documents and shall cause the '....ork so covered to be done by such con- tractors and for such sums as the Architect may direct, the contract sum being adjusted in conform- ity therewith. The Contractor declares that the contract sum includes such sums for expenses and profit on account of cash allowances as he deems proper. No demand for expenses or' profit other than those included in the contract sum shall be allowed, The Contractor shall not be required to' employ for any such ~ork persons against whom he has a reasonable objection. Art. 42. Use of Premises.- The Contractor shall confine his apparatus,the storage of materials and the operations of .his workmen to limits indicated" by law, ordinances, permits or directions' of the Architect and shall not unreasonably encumber ,the premises with hjs materials. The Contractor shall not load or' permit any part of the structure to be loaded with a weight that will endanger its safety. The Contractor shall enforce the Architect's instructions regarding signs, advertisements, fires and smoking. ~. Art. 43. Cutting, Patching and Digging.- The Contractor shall do all cutting, fitting or patching of his work that may be required to make its several parts corne together properly and fit it to receive or be received by work of other contractors shown upon, or reasonably implied by, the Drawings and Specifications for the completed structure, and he shall make good after them as' the Architect may direct. ' Any cost caused by defective or ill,timed work shall be borne by the party responsible therefor, The Contractor shall not endanger any work by cutting, ,digging or otherwise, and shall not cut or alter the work of any other contractor save with the co.nsent of the Archite,ct. Art. 44. Cleaning Up. -The Contractor shall at all times keep the premises fi~e from accumulations of waste material or rubbish caused by his . employees or work, and at the ~ompletion of the work he shall remove all his rubbish from and about the building and all his tools, scaffolding and surplus materials and shall leave his work llbroom-clean" or its equivalent, unless more ex'actly specified. In case of dispute the Owner may reinove~the nibbish and charge the cost to the several contractors as the Architect shall determine to be just. General ConditioDs. . Sizth Edition-Ten ?,agea-Page, tq. . I I ~L I I I I - <:Q E ~ 0 "" I ..., ....; ..., I I I ,J' -- /.jg8' )) /7 ., OWNER;S PROTECTIVE BOND STANDARD FORM Copyrigbt, 1940 by THB SURETY AJ.soctATlON or AMRJ.1CA THIS STANDARD FORM OF OWNER'S p~arEcnvl BOND 15 PAJHTBD-ANDIOLD bY TUB AMUlCAN INSTinrrz OF' ARCHlTEcn UNDER L1CeS'SE OF mB SURETY ASSOCIAnON OF AM8':1CA- FI:*. USE IN cONNECTION wrrH THE STANDAI.O FORM OF ACkHltMENT AND G!NEIlAL CONDmONS OJ' THE C01n1Acr FOR. mE CONn'RUC:' TION OF BUILDINGS, SIXTH EomON, COPYiUGHT 1915-]918';'1925-1937.1951 bT THB AMUtCAN ,INSTtTUTE OF ARCHITECTS, WASHINCfON, D. c., AND OTHBIlWUB. KNOW ALL MEN:, That wd1il..W~.,.~.~..Q9.@,~~9,~J~~..Q9..r.P.I?r.l!':~;9n ",..,.".,.........,....,...,...~..............y.~~W;:g..~,~~,...,......................:....~...~~:..::..:......., Piiilci pal, "CHen: {men the anme and !lddreu or JevaJ tJtle of the Contractor)' '. ~ and ..............,~~~~~~..~~~,;::M..~W_l.~~9.~uQ9.~gY..:.................,..............,....,......,........,..... .................,....,,,,...:...........,...............:......,.....................,........,.........:.:......,..........,.........., Surety, I ....' . .....CHitre ih.ert the ies-al e:ltZe of Suret)l') uv ,. ". . . are held ,al.ld firmJy bpung. un,to ...,.9,~1/;t9.1,l,P...Q9.\m'!;.Y.J...!:~.J..,?&~.~..~~;:~~..~........... ,,:!;~~..;1!~,.Q9.~~.Y...9.~l!M>.~~r-!.l;l3;.9.~~J..,~9.r.!!..~~~,...~~.,....,........, Owner, (Here insert. the name ,and adcheu or IeaaJ tjtJe ot tho Owaer) ill the sum of .....NIWi<n:..~..'J:ijQ~.~..~.~..ffilliP.~..~..~..~..~lWQ,.':':..':':..':':. ,",,;,,';' "l'....'" ,;,. ". - - Dll ($006'7"l11: ) .~"~,:':':::~~:.':':--~:,~,.':':.:::.:::.,.--:'::::::..'::.:'::::::::::::::.:::_'::..7:.:::......7:.:::..... , 0 ars ,Z7.J...H:~.~..... for the,:payment of ,wh.ich,we b,i!ld ourselves, our legal representatives, successors and as, , . .:;::> ....-;._(-,.~.,.::..~,j..J signs, jointly' and severally, firmly by these presents. Whereas, Principal has executed contract with Owner, dated ...NQY.ClIII1lflr__6.~..J.9.5.'l......... for --.Q9.~t<~!<t<~~..Qt.__~~9.1At..~.JmU.g1,p.g......,..,.......:......,....,__.......__........,....,..........__ . ,........' - ............._.._..n.____......_..__...........................___........__.......___...._................_....__...__......_..........._...____.....__...__...". . . -" . - - - - ........---..............._______...__.........___........n....__........_..._...................................._....___........._..................._....... . ., . .. _. - .. ., copy of which contract is by reference made a part hereof, ~ " / NOW, THEREFORE, if Principal shall faithfully perform such contract and pay all persons wh~'h~~e furnished labor or material for us~ in or. about' i~e improvement and, shall indemnify and save harmless the Owner from all cost and damage by reason of Principal's default or failure'so to do, then this obliga- tion shall be null and void; otherwise it shall remain in full force and effect, ' , I All persons who have furnished labor or material for use in or about the improvement shall have a direct right of action under the bond, subject to the Owner's priority. ' . T/Je Contract, including the completion th~reof after default, if any, shall be prosecuted under. Hill super- vision of a duly qualified 'architect.,' '. " "" ' : Any payment or iiaym~nts unde~ tbe bond shall reduce its penalty t6 the extent of such payment' or pay- ments. r, ~: ~ " h ,n '! ~ :-- !>o. ~ ~ II I:ll - r- ,Ljgt~A- A ~ o JJl g: .... E-< U r.il E-< o g: en j;:: 0 ~ Z ~ o /8 I . I No suit or action may be maint:lined under the bond unless it shall have been .instituted within two years from the date on which final p...ymen~ under the contract falls due. The Owner and Architect shall cooperate with and assist Surety in prosecuting its rights and claims) jf anYI against Principal and others bv supplying testimony, books, records and documentary evidence in I " .' 11 ,,'.. ~ ~t,~ _---./'t ~,( ",- ...-'\tt ~ l.:':'''' ; tlelT possessIOn. \..'........-..;< ...:!. _ . ,..p.... '_"" t", __.::'.' . .. . . I The Suret)' hereb)' O\',-"ner or Principal. waives notice of any:cilteratiori/exterision or forbearance made or extended by the ..1' ''''Iv': C' . ~ . .,',':,\." .J . ,.I ~.f::~ ,;', l"a . ..:. .: In event I:'rinsil'al ,is, iry , default ,undSr" the c9ntract ,~s definsd therein, Surety will (a),wi,thin fifteen 0 ( 15) days qf det~riniri~~ipn :C?f ..s'uc~ .default~ \~.Ke~-~p.yiir~an.d\-assu!11!;.~q~lP!~~~~!1 of ~i~. .~~~t~~~t and become entitled to the: payment of, the balance' of' the, contract price, or (b )\pay, the Owner in cash .the reasonable cost of complctio'ri, 'less the" balahce of thecim'r.mct"-pTice;:Jincluoiitg.retainea"percentage. ~-~he'costolcompletion ,hall be fixed by taking bids from at' least' three'responsible"conirac1ors:"one' 'chosen by the Owner, one by the Architect and one hy the Surety. The Surety will make such payment within lifteen (15) days after the cost of completion shall have been ,so determined. rrQ:~:;- p. !Q.l{ic!td.;, q9~:t;'yt;~tr';.tb~!'1 ~f\lt~sj)~~ _,-al~r~s<lic;l' cp~ tr~.~t. i~ e~~c;uted upon~h~1Staij4_ard iI?oCume'rits"~f?Th~~ AmcriCil';' Institute of Architects;"itis hereby'stipulated and agreed arid this bond is exiClited and 'delivered upon the :condition that all disputes, claims or questl9ns ~risi'lg'.iII!c!c~i.::~~h contract shall be subject to arbi. [ration in acco'rdance "ivith 'thc',provi~ions-.()f j\rt(~Ie. ~O of,t}1e 'Ge'ner.ir Cciiiditions"of th-e. Contraci"for the' Construction of Buildings contained in the Sixth..Edition of ,such,Standard Documents- a,!oresaid, anything to the contrary contained in.such'2.foresaid'conttcih~n(jt,,"'jt~1iandin~.";.!'7...+~>->.r:...._JJ;-:~:f1-:..:':-l., .... 'h"~'. ~;.(: , , Sign'edand sealed. this ..,:,,61;11::::,:::..:::':::..:...:,: day of ,...NaJr,emb.fi!l",:,,::::,:,:::::A::D::::l95,7.:::..:::":,::::.:::::,:::' , -.. ''- ,,;.. ' r,,!.3 l1~f?:~:d.i,(t'.:f:):' ",;'-;Sr.<~',. ,);~iF'J!="'!::t11i!:i.j~~:lUM!'CQNS,tWJ.C.ft. :C~TION ';"d '-- ~':J~,~;,::,..,z~: '~:,D.--' .~ j-i::(l.s.t,~:~~,..~,,::~::.~~;..,:.',~.....:.; _.~'__ - - \J~..I.l,\~.; iL'!.. ;~~l..t .. ~ :~. "! ". ..:-V.;1.', '~ I. ";/.;-:..;.r..:~':tl:!:l~?.,~;~:'.!~:..::~~~..:.rC.:.....n2~~..ft'}.~!i.~.'.cl!.'D.i CPrincipol) '. l.. . -;, -;'::-'-'~~"~"~'~~~~~~~2f~~~gJ~ , . <.Rw _ -~'t:.., _,:~: ;,~-:.~::::..:~C 1.:.-...... ~I.. ,.j -" .' ~1-.-, '~.I,.... -rot, ~~..... _.....'n. ................ --..... . .... . ~...t.:h.\~i_' Or] ..1. ' .. AttOrne~fu-Fact' -':~'.~, .:.'-,;~"':.-'~~ilL;.;:'" ->;,~"t)i: ,t} ~l'~. 'It - ...:.~..:L"':"..L~;-;~:-:..:..~":.:.\!L.::....~~":..!::_~{I:.;.~~-:1"?i~~~j1~~~~.if~~\ ~:t I~ - . . . ., . " (8' 'l~""~'1'-:.-t. - "1;:'S_4- ';::'-;'~~'.' . -- - ~ - . .".tv ,,= - -~ t:ti:.t"~W';~~!;' rt : -< :: 7(t.:i.~ t':.1 'r~~f :'~.''.~O_;. ~.~:.. JI / Jo!' <~/... -. ,Li'I';JCj;"': :,.)" .. .1'j::Z~'/,": ir.~:~iii~.~.)\?JJ~~{~l~~f.~~:~~~.t. , . .' ~ p'" ' . l' . ,:'~-, ,::::;;>~::..~~-=~~ft~~:~~_.:-~~../. , .': - r-F.. j. f,f'J..~ f.j.""..~-~f:~I:H:..l.t.~ 1. -.n r:o..i:.:i'=,.p".!.tt'/~~~, ;.....;;..:'.. ~,.~ ....;..s , COPY 'OF'ARBITRATION' ctAUSE"REFERREIl TO'IN' BOlit>. '. . ....._..,r("';;;;,I'!'1 JI,;;,,'" .:.... '. 'IInn:I!> I (L.l,:.:r..~~ I.; ?'d'i'~)" ( . ,.-,"'; . Art, 4-0. Arhitration.-AII disputesi,daims,- or quutiODS -Iubject 'to. arbitration 'under.'this'contrl1ct.lhall be' submitted- to' arbitration in ;lccordance with the provisjons, then obtaining, of the Standard Form of Arbitration Procedure of The American Institute of Architects, and this agreement shall he specifically enforceable under the: prevailing arbirratio:1 law, and judgment 'upon the .award -rendered.may. be:' entered ,in' the highest'court. of.the forom; state or federal,- baving' jurisdiction. It is mutually agreed that the dtcision of the: arbitrators ~batl be a conditi.on precedeI'!t to any dght of legal action that either party may have against',th~;~tb$!.f'I_ ,~. '-'hT'-t-,~,-;:~~, '.,.: ...,-"- ,. ,: '\ '<1"'1,' ....r....{.'jo _"~," , .~(.1JI.1,r .,q'l ~ ,J.l. ' "..~,_ j, .' .. .,.. .'J, ',( ....}f.. The Contractor shaH not cause ;l delay of the work during ;lny arbitration proceeding, except by agreement witl:ithe Owner, . '. j' . ,.'. . , . 1 ,'~,.-., 'V1'#"r<> .., ~ ..? . '.' "'['(" , ''''1' ".">.,H".....'.r-...J.,.~--,,~''J..f'.. 1~1.~ ,'I.r' '~.~\ ;','1{.", _:fl--,. ,'1ft)... "_ Notice of'the demanil.for acbit'rlltion Jof a dispute shall b'e, filed in writing with die: Architect ;ln~ the other parthio the) cootlrllct: If'the ..rhitra'tion"" is 3'0 appeal froni the Architecrs'decision/the demand"therCtor'shall'bc 'made 1'Vitbin1ten:days' ofl its' receipt; in any other case 'the' demand ~for: arbitration :!b~1l 'be made within - a "rea'sonahle -time: after. the disputi~ ha's' arisen; in no case, however, shall the.de~~~.:b~:,~"!de1Iate~lthaC!,~be"t~lT!e 'of,tinal'p'ay~e.~t, ~~!=ept ~.:'..:.o~h,~rwjs:e.:e.~P!e~~ly, stipulated in theco,ntract. _ .' " , ~ " "'. , " I. ," " _'.' . 'T6e'a.rbjt~a!tor's;;i(they de~rWthaY-'i'h~lc:ise' ':;qufrei'.h7 ar~;i;uth~rized ,t~" n{~:lrd fto"iheJ'p~:~'tY,'" who;~ _~'0'"hie1trbn\lj~\ sus: t~lned, sucb sums :IS they or a majority of them shall !deem-: proper fO: compensafe' jt 'for,.tlte,'timei and- expeo'se' i'ricident- to'l the P,roc~c~ing a_':ld, jf t~~ ,arbjtr::t~ja.D~':"~Il..d~~a,n~~~'i,~it~~ut ,r~~sop:lb!.e ,cause; t,~~Y, may ~,~,o. ~ward ~,a,m~gesif.l?~,'~elay, The arbitrators shall ..fix their' own compensatton, 'unless otherWise prOVIded by agreement;-and shall assess the costs and charges of the proceeding upon either or both parties; (FrDm G~ntrQI Conditions of thi'Ctiiitrad fOr-thi!CDnitruili'Qn'ofl Buildin.9s,. S~f!lr, Edflil!,n'1~oPJ'rj?/l,t J9.1~~1?'~f~f9?r-J.~J;:;{r.5_'lb!f!.~~ :A~,t{iS~~ ~nffif!~t~:~tJ1r:!:':ter.t,s-)j~J1J1 ~ ': ':(1- > ~ :: ~!l> ' I I 4~ ,,.... ., I/tt~/t /7 I I AMERICAN GENERAL INSURANCE COMPANY HOUSTON, TEXAS No"....."...............".., GENERAL POWER OF ATTORNEY (BONDS FOR UNLIMITED AMOUNTS) " , \ Know All Men by these Presents: That the AMERICAN GENERAL INSURANCE COMPANY, a corporation, duly incorporated under the law. of the State of Texas, doth hereby constitute and appoint........................................................................................................................._... Albert W, Smith .-...................-............................................................................................................................................................................................................ of the City Of....,..,......,..,....,............~()~II:.........,..,..,..,.............., State of......,...........,......,..,!,~x.:a.s.,......,........,......,..,., to be its true and lawful attorney-in-fact,for the following purposes, to~wit: To sign its name as SU1:'ety. and to execute, seal and acknowledge any and all bonds, recognizances, obligations, atip- ulations, undertakings. Or anything in the nature of the same, and to respectively do and perform any and aU acts and thing. set forth in the appended resolution of the Board of Director. of the said AMERICAN GENERAL INSURANCE COMPANY; provided, that the penal sum of no single one of such bands, recognizances, obligations, stipulations or under~ I taking. shall exceed the sum oL.."..,,,....,,...,..,,,....,..........,....,,""'_"',,....,,J!.!ll!mj,~.....,,''''''''"".."......"......"..'''....''''......"",..,Dollars ($ , '); the Company hereby ratifying and confirming all and whatsoever the said attorney-in-fact may law~ fully do in the premises by virtue of these presents, but reserving to itself full power of substitution and revocation. In Witness Whereof, The said AMERICAN GENERAL INSURANCE COMPANY, pursuant to a re.olution passed by its Board of Directors, at a Meeting held on the 11th day of September, A. D. 1930, a certified copy of which is hereto annexed, has caused these presents to be sealed with its corporate seal, duly attested by the signature of its Pre.ident, Vice-Pre.ident. and Secretary thi......,~~.".."day of.....,...."..",..,.........."','!'W!,~.,,''',...,,..,..........,,'',.., A, D. 19"A!!.....,. American General IlI8urance Company (SEAL) ATTEST :,......"...,""..,"__~I!!!'D.:~..~:,'~I1~.,,,..,""",.......,.., Seeretary. By",..."",.."...,,,.,..,,..,....,~:...~,,~:'!.,,.,,,.............,,.....,,....,,,..... , Vice Pre.ident. STATE OF TEXAS, COUNTY OF HARRIS, CITY OF HOUSTON, t..: J On this......_2.~h.....",..day oL"",.."..""..,.."..,,,..J.l:D.!~,..,......,",......,......,,,,,.in the year 19.."~?....,, before me personally eame I """"u""..""..""""u"....,....",.""....,..""..,"",,..~,..~.~:w:,............,,...................",.........",...,..""'"........,"'.'..",,....,.. to me known, who, being by me duly sworn, did depose and say: That he resides in Houston, Texas; that he is.Y~~:!Pre8i- dent of the AMERICAN GENERAL INSURANCE COMPANY, the corporation de.cribed in and which executed the above instrument; that he know!;. the Seal of sa.id corporation; that the Seal affixed to said instrument is such corporation Seal; that. it was affixed to such instrument by and under authority conferred by the ,Board of Directors of said corpora- tion; and that he signed his name thereto by I~ke authority. (SEAL) Harriet Stewart ....... ..........._.....N~~b;y..p-;;bii~:.'il~~;i.~..C-o{;;;ty:.T~xa~:..........-....... 4.7. 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P,UB 'C!P ~AUBdtuO"8 S!l{llBl{J., 'paAlosall ' , . ., , ,- uonnlosilH I I ,( , I ) , 5 I I " I I ~ ~ E '- , "- "l ...; "'l I I I - '- ,- THE STANDARD FORM OF AGREEMENT BETWEEN CONTRACTOR AND OWNER FOR CONSTRUCTION OF BUILDINGS ISSUED BY THE AMERICAN INSTITUTE OF ARCHITECTS FOR USE WHEN A STn'ULATED SUM FORMS THE BASIS OF PAYMENT THE Sl%TH BDmON OF THIS FOa~ RA! kBCEIV!D TilE APPROVAL OF THB A&sOCfATBD CBN8&AL CONTIACTOU 0' AMBRICA j THE CONTIlACJ"INO PLASTERER" INTUNATIONAL ASSQC1ATION i THB NAnONAL BUILDfNG CMNrrB QUAIlI.W ASSOCIATION, INC. i THB NATIONAL ELECTRICAL CONnAc:roaa AaOCtATlON; THE PAINTING AND DECOllATING CONnA(:l'ORS OP AMERICA, AND THI PRODUCBU' COUNCI~ INC. COPYRIGHT 1915-1918-1925-1937 BY TIlE AMEtltCAN INSlTrUTB OF AI.CHlT8C'n, THB OCTAGON... WASHING- TON, D. C. REPRODUCTION OY THE MATERIAL HBREIN OR 5UDSTANTlAL QUOTATION OF ITS PROVISIONS WITHOUT PERMWION OF THE AMUleAN INmTUTe OF ARCHITECTS VIOLATES THE COPY1IGHT LAWS OF THB UNlTBI> STATES AND WILL 88 SUBJECT TO LEGAL PROSECUTION. THIS FORM UI TO DB USED ONLY WITH THE STANDARD GENERAL CONDITIONS OF THB CONTllACT FOR. CONSTRUCTION OF BUILDINGS. THIS AGREEMENT made the,....~~~~J~.L.................................. ~ Iff$' - A-~I ~ ~ day oL.~,?Y.~~!:>,~,:,......in the year Nineteen Hundred and..K~,~,!::.~~,~..'<??L....... 1007 E. North St. . by and between .:!?,...w...,MAMtlA~.,g.Q.N~1'JW.(/,l'lQN..C,O:a.P.O.B.A.TlON....yi.c.tlJJ."ja, Texas ' (incorporated in the State ,of Texas) hereinafter called the Contracto~, and,9.~QQN..q.Q.Q.N.7.'X.....~,..,~.c;:J;j.p.g..h~1:~..in ~?:,~~!-'?E.g~,,~~~..g.?~!y',g.9,~~~!!~?~~,~,~..g,C?~~~....,....hereinafter called the Owner, WITNESSETH, that the Contractor and the Owner for the considerations hereinafter named agree as follows: Article 1. Scope of the Work-The Contractor shall furnish all of the materials and per, form all of the work shown on the Drawings and described in the Specifications entitled 9.A~QY:N.,q.Q,Q.N.7.'X,.g,QJm,:.r.,B.Q.q~.~,!k..-l.~~,,~~:l~11!~m.G&,.P.9,:rJ"l.Ki,Y~,C;:.9..,.,T.~xas (Here insert the caption descriptive DC the work as used on the Drawin.t. and in the other Contract DoeUD1ente) prepared by ..,~g~,?;AX,.~..~,T.~....Mq~~9.:r.~1...R~!!-,~.~!?~,...7.'.~.~!',!!............:....... '" acting as and in these Contract Documents entitled the Architect; and shall do every, thing required by this Agreement, the General Conditions of the Contract, the Speci, fications and the Drawings. . Agreement Between Contractor and Owner. Sixth Edition - Five Pages - Page 1. ::... :-- ::... ..., o ., :l ::... .... ..... r"lff- ,P:t Article 2. Time of Completion- The work to, be performed under'this Contract shall 1M! ,. ., IMMEDIATELY' . ,0 .... . . commenced ....,.............................,...............................................................'........................,........ ' ." and shall be substan'tially completed,~i..tbiR..~QQ..'W-p.x~jn.g.Jl9Y-ll..af1er..daj;e..o.t.c.QntJ:act. (Hero iuait ltipulaUOD DIi" to UquldAtc:d clAmAaes. if aDJ'.) - LIQUIDATED D~GES: o '" -,' -. . For each calendar' day that the work remains uncompleted,after thexpiration' or consumption of the number of working days above stipulated, the County. shall be entitled to deduct from any compensation due :the undersigned, and' . the undersigned binds and obligates himself or itself to pay to the County, as liquidated damages, the sum of $100.00 for each such calendar day. \, Article 3. The Contract Sum-The Owner sh'all pay the Contractor for die performance' , ' of the Contract, subject to additions and deductions provided therein, ih curreilt funds' " r . I. as follows: .gQ,?,!:'..!:W~p.~p...~.~g~I~~..!:'~Q.-g~p...f.~~..g~p.~p...~~.!J ',State here the lump aUlD amount, 'Unit prices. or both, tI.S desired in individual caaes.) . AND 45/100 DOLLARS ,($818, 560.45) (see Exhibit "A" attached), The above sum includes allowances' 0($31,000 for two 'elevators and $828,00 for Jail ,.. screens.' Any savings made ,in these two allowances shall accrue to Owner~, For unit prices see Exhibit "B,", attached. MARBLE OPTION: Should the Owner so desi,re, he may at any time on.'or before January 20" }958 substitute "Light Tuscan Travertine" 'marble for face brick 'on the exterior of' the building by notifying the 'Contractor and adding the sum of $30, 000. 00 to this Contract. t' ,.1. !\. '....\ ,J I Where the quantities originally contemplated are so changed that application,. of the agreed unit price to the quantity of work performed is shown" to create a hardship to the Owner or the Contractor, there shall be an equitable adjustment of the Contract to prevent such hardship. " Agreement Between Contractor and Owner. Sixth Edition - Five Pag(:s - Page 2. ~ ~ l I i [ " I I I I I l ( I I 1" " 1 " I I'] ~ I ,! , , II I~ ,j Ii Ii I Ii Ii . ; I " 'fi I I ~ ~gJ-!l:<3 I I Article 4. Progress Payments-The Owner shall make payments on account of the Contract as provided therein, as follows: On or about the...1'.~P.-1~..U,QJp.1.....,..,day of each month....,.:~.Hg~1Y.JJ.Ql...........per cent of the value, based on the Contract prices of labor and materials incorporated in the work and of materials suitably stored at the site thereof up to the...fJ~.~.U,~,~,!L,.....day of that month, as estimated by the Architect, less the aggregate of previous payments; and upon substantial completion of the entire work, a sum sufficient to increase the total payments to....9,Q,....__.., per cent of the Contract price .............................................................,................ (Insert hC!re o,ny pravia\on tnade tor UmiUng 01' TCduelnlr the amount retalntd after the work reaches .. certoh::a .taae of coQl.pletioa.) I Article 5. Acceptance and Final Payment-Final payment shall be dudP.J;t:1Y."<~Ldays after substantial completion of the work provided the work be then fully completed and the contract fully performed, Upon receipt of written notice that. the work is ready for final inspection and acceptance, the Architect shall promptly make such inspection, and when he finds the work accept,' able under the Contract and the Contract fully performed.he shall promptly issue a final certificate, over his own signature, stating that the work provided for in this Contract has been completed and is accepted by him under the terms and conditions thereof, and that the entire balance found to be due the Contractor, and noted in said final certificate, is. due and payable. Before issuance of final certificate the Contractor shall submit evidence satisfactory to the Architect that all payrolls, material bills, and other indebtedness connected with the work have been paid. If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Architect so certifies, the Owner shall, upon certificate of the Architect, and without terminating the Contract, make pay, ment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not c0nstitute a waiver of claims. II I I Lgreement Between Contractor and Owner. Sixth Edition - Five Pages - Page 3. I if -::.- ..01 ".. 1-/~8'- If ~<( J I PLANS: ( Article 6. The Contract Documents-The General Conditions of the Contract, the Spec- ifications and the Drawings, together with this Agreement, form the Contra.ct, and th~y are as fully a part of the Contract as if hereto attached or herein repeated. The follow- ing is an enumeration of the Specifications and Drawings: GENERAL CONSTR.UCTION: Plans: Sheets I thru 20 inclusive, dated 8-23-57. ST~UCTURAL WORK: ,Plans: Sheets 5-1 thru 5,8 inclusive, dated 8-23-57 f and "Optional Footing Schedule" dated 9/25/57. ELECTR.ICAL WORK: Plana: Sheets EI-P-l thru E-ll, inclusive-dated 87,23/57 PLUMBING WORK: Plans: Sheets EI-Pl through P-8 inclusive-dated ,8-23-.57. ' H. V. A. C. WORK: Plans: 'Sheets M-l thru M-4 inclusive and M-5-E-IO, 'thru M-7 inclusive. All as modified by,Exhibit "A"., I I , SPECIFICATIONS: GENERAL CONSTRUCTION: Sections 1 thru 2'6 and. including Instructions,. to Bidders, Alternate Bids, Form of Proposal and Supplemental General Conditions and Addenda as follows: 11 dated 9/30/57; 112 dated 10/4/57; f13,dated 10/8/57; /14 dated 10/11 /57. ELECTRlCALWORK: Sections E-Ol thru E-36 inclusive and including Instructions to Bidders, Form of Proposal, Alternate Bids and Supplemental General Conditions. PLUMBING WORK: Sections P-Ol through P-54 inclusive and including mstructions to Bidders, Form of Proposal and Supplemental General Conditions. R. V. A. C. WORK: Sections M-Ol through M-64 inclusive'and Addenda as follows: 111 dated 9/5/57; fl2 dated 10/9/57 and including Instructions to Bidde::s', Alternate Bids, Form of Proposal ,and Supplemental General Conditions, l " Agreement Between Contractor andOwDer. Sixth Edition - Five PaKes - Page 4. " CALHOUN COUNTY, tEXAS" ~/~ B"H'i""d,G Hart~~g~eJ' ;:' owar.. , ,. _ }{;,ffif{~1:~j~h . ATT~'T' v::' :~,,~~: : ~~; tf~}~:if';:';"-;t'>~~~tt!;~.~ C O~~l' s sioner 8 Court approved this ." ' ,"I.-<:6*t Y ,=.,...,. ..~u .. ~':';';":'~'~':"\';ii'\'::;!Zi':~;:;; '14 , , ',<. ,. ""'''11 . ,"', ':"~: "~;,, / 1957 '.-:;/<<;:.o~' '~. : . ,."':. -"_. 1L- -, .' /. ..1, ..i;. ,}'~,.~,.,('(.'-"" ~"Tk'f.sr[,.<;;;;~: ,~:'~<f:~J~~:r~~~;'~;;~~~~~~)~~D~f:":":"- , . , ", Ag~~~~'Dt~f;~I1:, Contractor and OWDer. siitiz . EdiQb~:r:':;':,:Five Pages - Page 5. APP~()vED AN. D/oR C. ERTIFIED.: BY_~ .t~~-_. .) , '. . County Auditor 'II , I . I ,..;' i I : Ie ' I , IN WITNESS WHEREOF the' parties hereto have executed this Agreement, the,i~?, ',i~;,;, ~ [.. 1 and year first above written. . :~~W;~, ""'\"',>il. \ I - '. ,,~>,~t~ii?.;t~' M_,,;[~_-;'..s;;J(~!<r:',,' I MARSHA LL CO. . NS"iDJ:tC'TII1>N:' CORJ?, 0 I D. w. _ . .. .. . .,' ri';~~~~,$.:J:<t li'''~~l;o.,....>:~~~+.~~:~l~. "~....,,, \'.-,.!.~~,~OA:;>-.'-'C} '.....';;:~"'~,~.;.,'o ! , ':..~' ~,,, ~'!>.:.... .;. /', "~"it~'" 0 { .0 :'~,.<'~',,,;;' \{~~'!ll I . , County Clerk ~ I '" ! -- -.---' I l I I I I I -- -..:.. ,.- - / EXHIBIT "A" CALHOUN COP'NTY COURT HOUSE 8< JAIL BLDG. D'. W. MAR.SHA.LL CONSTRUCTION CORPORATION BASE BID Alternate Bids shown in Proposal, and as delineated in Specifications. 10. 11. 12. 13. 1. 2. 3. 4. 5. 6. 7. 8. (To be set up as an option $30, 000.00). Not accepted. Not accepted. Accepted Accepted Accepted Not Accepted Accepted (Texlite Co. ) This includes (a) using broken sheet in lieu of extrusions over Main Entrance (b) Substitute 105 Arcadia Aluminum sliding windows (c) includes an allowance of $828. 00 for Jail ;acreens (a) Accepted DEDUCT (b) Accepted DEDUCT Not Accepted. Accepted DEDUc::T (with this item is an allowance in base bid of $31, 000. 00 for 2 elevators. Any savings from this amount to accrue to the County). Accepted Accepted $ 200.00 I, 200. 00 500.00 DEDUCT DEDUCT DEDUCT DEDUCT 9. DEDUCT DEDUCT SUB TOTAL 35,000.00 3,950.00 950. 00 5, 398. 00 I, 125.00 515.00 ACCEPTED CHANGES FROM.PLANS:, ~General Constructi~n). 1. Change ter!azzo base to ceramic tile base in toilet rooms DEDUCT 2. Use terrazzo On 2nd floor and 3zd floor corridors J.UOD 3. Use Narrow Stile Aluminum doors and side-, lights in lieu of tempered glass DEDUCT 4. Eliminate cement topping on curb and side- walk and finish Monolithically DEDUCT 5. Change steel deck catwalk to wood as per revised sketch DEDUCT 6. Change 1st to 2nd floor stair and bntling from marble to terrazzo with safety 'strips in treads DEDUCT TOTAL ACCEPTED CHANGES , , I , ,. , IIIl "I {(t ~ A- ~ j- $615,000.00 \ l , , $ 48, 838. 00 $ 160. 00 60.00 1,580.00 ',560. 00 4, 160.00 2,350.00 $ 8,750.00 .... ~ ifJ-l~- A ~~ EXHIBIT "A" Page -2- CALHOUN COUNTY COURT HOUSE l.. JAIL BLDG.- MARSHALL CONSTRUCTION 'CORP. TOTAL GENERAL CONSTRUCTION BASE BID , $615, O~O. 00 Accepted Alternates: (4,~6,8,9, 11, 12, 13) Accepted Changes: (1, Z, 3, 4, 5, 6) $48,838.00 8,750.00 T~TAL GENERAL CONSTRUCTION ELECTRIC SUB-CONTRACT 57,588~00 ~557, 412. 00 BASE BID (no changes) (Acme Electric Company) , $ 62.,809.95 $ 62,809.95 I' ....' He 'v~ A. C. SUB;'CONTRAC T BASE BID nV. R. Cook Air Conditioning) $117,840.00 Alt. fll Accepted-DED. $700.00 , , , Rev. 111 Accepted- if 650.00,' . (EJ;Tn;nate Condenser Water Control (3-~y valve' . . .., and substitute' recommended valve) , " .' ": Rev. #2, 3, 4 and, 5, b Not Accepted. ' - , Rev. U5a Accepted-DED. 813.06 (El;Tn;nate thermometers and guages from all e!l,uipment except in equipment room and substitute thermometer, "wells and/or guage cock) TOTAL DEDUCTIONS $ Z; i63..00c, PLUMBING SUB-CONTRACT :. .$115,677.00 $ 87,095.'00' , BASE BID (Pat Farrell) Accepted Changes: 1. Not Accepted. ., . Z. Change downspout piping'to cast iron in lieu of wr~u,g~t lfO~-D~-~4, 200' ,', .' , 3. Accepted--Chang~fDa'ures to ' " ", ~.. ,. '~l",' \i .; vitreous chinawitb base &. Iilii:l,ii , " connections .' 'DED-$I, 520 4. Accepted--Omit pipe floor water- pr, oofing exc"'pt in jail ",' DEp.;t_~ TOTAL DEDUCTIONS' ." ,~6, lZ0~ 00 " .',.' , , ;. ','."J ','I " ' __$ 80, 975. 06 $2.59,461.95 TOTAL: PLUS: Electrical, He V. A. C.' and Plumbing Sub-ContractS General Contractor's increase in Bond for: Electrical, H. V. A. C. lit Plumbing' Total General Construction I, 686. 50 '557,41Z.00 PLUS: TOTAL CONTRACT PRICE: '$818, 560~ 45 ~, 'I I , I I I , o. I '= I I I I 1 I I I , I 1 I \ I I o~ - J-jgf{- IJ o?7 ., ~XHIBI T "B" CALHOUN COUNTY COURT HOUSE lit JAIL BLDG. D. W. MARSHALL CONSTRUCTION CORPORATION UNIT PRICES: The Undersigned agrees that the following unit prices will apply in connectio:O with additions or deductions which may be called for in such work: UNIT WORK INVOLVED EXTRA CREDIT MEASURE i " , Raised or lowered drilled plinths and footings from depth shown on plans .45 .30 Cu. Ft. I Hand Excavating 4.00 3.50 Cu. Yd. ' I , I Wood Forms 3.60 3.15 Sq. Yd. Plain Concrete, in Place 19.00 17.00 Cu. Yd. Structural Steel, In Place 350.00 300.00 Ton Reinforcing Steel, in Place 210.00 180.00 Ton Suspended Metal Lath Ceiling 4,60 4.00 Sq. Yd. 2-1/4" solid plaster partitions 5,50 5,00 Sq. Yd. Plaster on Masonry 1. 70 1. 55 Sq. Yd. Ii Plaster on Metal Lath Sq. Yd. " Acoustical Plaster on metal lath 5.75 5.00 Sq. Yd. 8-inch clay tile partitions unfinished 7.40 6.50 Sq. Yd. 1 " 4-inch clay tile partitions unfiuished 5,75 5.00 . Sq. Yd. P 3 x 7 ft. wood door, frame, hardware, " and finish 69.00 60.00 Each I Metal access doors and fralnes 8" x 8" 9.20 8.00 Each "I I " " 12"x 18" 13.80 12.00 Each ' I , , " " 18" x 24" 17,25 15.00 Each Painting on plaster 3 coats 9.20 8.00 per sq. .. r /j?!P- )f;;; ~ I N Iii -< 0 II :::..... -~ J " . c_ ~a.. ~ i 0 I ~~ . -< " 0 "'\\0 .,../1 , . TITLE PAGE. o o i I C' TITLE AND LOCATION OF THE WORK: II , N1\ME AND ADDRESS OF THE OWNER: .I " ., I NAME AND ADDRESS OF THE ARCHITECT: , . " -, \ TITLES OF DOCUMENTS BOUND HE:REWITH AND ENUMERATION OF DRAWINGS: . - , : General ConditioDs Sixth Edition-Cover ;>> ~..... ~. ~;>> 'f''''l I ~o ~B ,- .;.. i!:; /- -' I, l. I < 8::'- -~ 0_ I "-<0\ ~~ ,0: -- -< I / I I / THE GENERAL CONDITIONS OF THE CONTRACT FOR THE CONSTRUCTION OF BUILDINGS Standard Form of The American Institute of Architects TUB IfANDAe roaM OF GaHIL\L (D)lomo.s, II1TB IDmoN, HAll itBCBA'ED TBI unov.u. OF THJ: ~1'I:D Gl:1fDAL cOInu.CTOU OJ' AHUICA; TBI Q)NTlACTDIG .LAITB~ IHTUHATlOWAL ASIOClATlON; TBB RAno_AI. BQU.DUlG GlLUnTB QU.uAIBIJ .l.88OCIA'J1Oll, DIe. j TID lIATIOlllAL IUCTl.ICAL CQ:NTI.AC'I'OII .usocanox j nD PAUITING AND DJmU.TDlO ro!i'lV.CI'OU 01' AM~ .&~ TID ftODuCUl' cxnntClL, me. SIXTH EDmON, COPYRIGHT 1915 - 1918 .. 1925 - 1937 - 1951 BY 1"HE AMERICAN INSTITUTE OF ARCHITHCTS, WASHINGTON, D. C. REPIlODUcnON OF THB MATERlAL HEREIN OR. llUDSTANTIAL QUOTATION OF ITS PROVISIONS WlTHOUl' PERMISSION OF THE AMER.U;AN U1STITUTE OF ARCHITECTS VIOLATES THE COPYRIGHT LAWS OF TaB UNITBD STATES AND WILL BE SUBJECT TO LEGAL PROSECUTION. INDEX TO THE ART1CLES OF THE GENERAL CONDITIONS 1. Definitions. 2. Execution, Correlation and Intent of Documents. 3. Detail Drawings and InstructiOn!. 4. Copies Furnished. s. Shop Drawings. 6. Drawings and Specifications on the Work. 1. Ownership of Drawings and Models. 8. Samples. 9. Materials, Appliances, Employees. 10. Royalties and Patents. 11. Surveys, Permits and Regulations. 12. Protection of Work and Property. 13. Inspection of Work. 1+. Superintendence: Supervision. 15. Changes in the Work. 16. Claims for Extra Cost. 17. Deductions for Untorrected Work. 18. Delays and Extension of Time. 19. Correction of Work Before Final Payment. 20. CQrrection of Work After Final Payment. 21. Owner's Rigbt to do Work. 22. Owner'!1 Rigbt to Terminate Contract. 23. Contractor's Right to Stop Work or Terminate Contract. 24-. Application for Payments. 25. Certificates oi Payments. 26. Payments Withheld. 21. Contractor's Liability Insurance. 23. Owner's Liability Insurance. 29. Fire Insurance. . 30. Guaranty Bonds. 31. Damages. 32. Lieos. 33. Assignment. 34-. Mutual Responsibility of Contractors. 35. Separate Contracts. 36. Subcontracts. 37. Relations of Contractor and Subcontractor. 38. Architect's Status. 39. Architect's Decisions. 40. Arbitration. 41. Cash Allowances. 42. Use of Premises. 43. Cutting, Patching and Digging. 44. Cleaning Up. Art. 1 Definitions. (3) The Contract Documents consist of the Agreement, the General Conditions of the Contract,' the Drawings and Specifications, including all modifications thereof incorporated in I the documents before their executlon. These form the Contract. (b) The Owner, the Contractor and the Architect are those mentioned as such in the Agreement. They are treated throughout the Contract Documents as if each were of the singular number and masculine gender. (c) The term Subcontractor, as employed herein, includes only those having-a direct con- tract with the Contractor and it includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not .in- clude one who merely furnishes material not so worked. \ (d) Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. (e) The term "work" of tbe Contractor or Subcontractor includes labor or materials or both. (f) All time limits stated in the Contract Documents are of the essence of the Contract. (g) The law of the place of building shall govern the construction of this Contract. Art. 2. Execution, Correlation and Intent of Documents.- The Contract pocuments shall be signed in duplicate by the Owner and the Contractor. In case the Owner and the Contractor fail to sign the General Conditions, Drawings or Specifications, the Architect shall identify them. FORM A2 Genetal Conditions. Sixth Edition Ten Pages-Page 1. ~ A/8t- 11 '-Cf I , !\ II " L> -.... ~. ~L> 'l'''l ~o ,~ Ea ~ r- r' I.(qg^- 4 3 CJ The Controct Documents' are complementary, and what)s called for by anyone shall. be as binding as if called for by all. The intention of the documents is to include all labor and materials) equipment and transportation necessary for the proper execution of the work. It is not intended) however, that materials' 'or ,york not covere"d by or properly inferable from' any heading, branch) class or trade of the specifications shall be supplied unless,. distinctly ~o noted on the drawings. r\'Iaterials or work described in. words which,so applied have a ~vell-kn.own: technical or trade meaning shan be held to refer to, such recognized' standards. , "', " . Art. 3. Detail Drawings and Instructions.- The Architect shan furnish with reasonable' prompt- ness, additional instructions, by means of drawings or otherwise, necessary for the proper execution of the work. All such drawings and instructions shaH be consistent with the Contract 'Documents, true developments thereof, and reasonably inferable thetefrom. The work shall be executed in conformity therewith and the Contractor shall do no work without proper drawings and instructions. The Contractor and the Architect, "if either so requests, shall jointly prepare a schedule, subj~ct to change from time to time in accordance with the progress of the work; fixing the 'dates at which the various detail drawings will be required, and' the Architect sllall furnish them in accordanc~ ,with thai' schedule. Under like conditions, a schedule shall be prepared, fixing the'dates for the submission of shop dra,,,'ingsl for the beginning of roan~facture and. installation of materials 'and for the com- pletion of the various parts of the work:. . (' I I p les of drawings .and specifications reasonably 141(,/ 1<... will furnish to the Contracto rt Art. 5. Shop Drawings,- The Contractor shall sub""it with such promptness as ,to 'cause no delay in his own work or in that of any other Contractor, two copies of all shop or setting drawings and schedules required for the work 'of the virious trades, and' the Architect shalt pass upon them with reasonable promptness, making desired corrections, including all necessary corre'ctians relating to artistic effect, The Contractor shall make' any corrections required py th'e Architect, file ,~with him two corrected copies and furnish such other capie? as may be needed. , The Architect's-, approval of such drawings or schedules shall not relieve the Contractor from responsibility Jar ,deviations from drawings or specifications, unless he has in writing called the Architect's attention to ,such deviations' at the time of submission, nor shall it relieve him from responsibility for errors of. any sort in shop drawings or schedu}~s. ! .. . , '"'' , Art. 6. Drawings and Specifications on the Work. -The Contractor shalf keep one copy of all draw- ings and specifications on. the workJ in good order, available. ,to the. Ar<;hitect and to hi~ repre- sentatives. I ) ' . Art. 7. Ownership of Drawings and: Models>.-'-AlI drawings, specification~and c~pies thereof furnished by t~e Architect are his. property. They are not ,to be used on other work and,' with the exception of the signed Contract set) are'to be, returned to him on request, at the co!li-pletion of ,the work, All models are the property of the Owner" '., " .,,', ' , Art. 8. Samples.-The ,Contractor shall furnish for approval all samples. as qirecteq. The work shall be in accordance. \"ith approved samples. ' . . Art. 9. Materials, AppliMces, Employees.~Unless othe~wi~~" stipulated, t~e Contracior shall pro- vide and pay for all materials, labor,.water, toolsJ"'equipment, "light, power, transportation and other facilities necessary for the execution and completion. of the)'work. " ..' C'. ',' l . Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of good quality. The Contractor shall, if required, furnish. 'satisfactory evidence as to the kind and quality of ma.terials. . ,- , 'l t ( The Contractor shall at all times enforce' strict discipline andgopa" order:among. his employees, and shall not employ on the work any unfit 'person or anyone no~, s~ined in' the .work assigned t9 him. ',..' " ' ",. Art. 10 Royalties and Patents.- The Contractor shall pay all royalties .and license fees. He shall defend all suits or claims for infringement of any patent rights and 'shall save the Owner harmless from loss on account thereof, except that the Owner shall be responsible far' aU-.'suchl loss when a particular process or the product of ,a particular manufactur~r or manufacturers' is specified, but General Conditions. Sixth Edition-Ten page&-Page 2. t , ' . " I I Jfy , . "',T. I -~ '- ,/, I I Jf the Contractor has information that the process or article specified is an infringement of a patent he shall be responsible for such loss unless he promptly gives such information to the Architect or Owner. Art. 11. Surveys. Permits and Regulatious.- The Owner shall furnish all surveys unless otherwise specified. Permits and licenses of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor. Permits, licenses and easements for permanent struc- tures Or permanent changes in existing facilities shall be secured and paid for by the Owner,unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct_of the work as drawn and specified. If the Contractor observes that the drawings and specifications are at variance therewith, 'Ie shall promptly notify the Architect in writing, and any necessary changes shall be adjusted as provided in the Contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Architect, he shall bear all costs arising "therefrom. Art. 12 Protection of Work and Property.-The Contractor shall continuously maintain adequate protection of all his work. from damage and shall protect the Owner's property from injury or loss arising in connection with this Contract. He shall make good any such damage, injury or loss, .except such as may be directly due to errors in the Contract I)ocuments or caused by agents or employees of the Owner. He shall adequately protect adjacent property as provided by law and the Contract Documents. The Contractor shall take all necessary precautions for the safety of employees on the work, and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the ,""ark is being performed. He shall erect and properly maintain at all times, as required by the condi tions and progress of the work, all necessary safeguards for the protection of workmen and the public and shall post danger ;igns warning against the hazards created by such features of construction as protruding nails, hod hoists, well haleSt elevator hatchways, scaffolding, window opcnings, stain,"ays and falling materials; and he shall designate a responsible member of his organi- zation on the work, whose duty shall be the prevention of accidents. The name and position of the person so designated shall be reported to the Architect by the Contractor. In an emergency affecting rhe safety of life or of the work or of adjoining property, the Con- tractor, without special instruction or authorization from the Architect or Owner, is hereby per- mitted to act, at his discretion, to prevent such threatened loss or injury, and he shall so act, without appeal, if so instructed or authorized. Any compensation, claimed by the Contractor on account of emergency work, shall be determined by agreement or Arbitration. Art. 13. Inspection of Work.- The Architect and his representatives shall at all times have access to the \vork wherever it is in preparation or progress and the Contractor shall provide proper facilities for such access and for inspection. If the specifications, the Architect's instructions, laws, ordinances or any public authority require any work to be specially tested or approved, the Contractor shall gi.ve the Architect timely notice of its readiness for inspection, and if the inspection is by another authority than the Architect, of the date fix~d for such inspection. Inspections by the Architect shall be promptly made, and "...here practicable at the source of supply. If any work should be covered up without approval or consent cf the Architect, it mu~tJ if required by the Architect, be uncovered for examination at the Contractor's expense. ' Re-examination of questioned work may be ordered by the Architect and if so ordered the work must be uncovered by the Contractor. If such work be found in accordance with the Contract Documents the Owner shan pay the cost of re-examination and replacement. If such work be found not in accordance with the Contract Documents the Contractor shall pay such cost, unless he shall show that the defect in the work was caused by another Contractor, and in' that event the Owner shall pay such cost. . Art. 14. Superintendence: Supervision.-The Contractor shall keep on his work, during its progress, a competent suprrintendent and any necessary assistants, all satisfactory to the Architect. The superintendent shall not be changed except with the consent of the Architect, unless the super- intendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. The I I General Conditions. Smh Edition-Ten Page&-Page 3. I ~ ''\ " ., ^I&-'f'-I) 3/ !I : :, I :1 I: ~ i I .... r 1/ fJ t - /)- .J).. superintendent shall represent the Contractor in his absence and all directions given to him shall be :is binding as if given to the Contractor. Important directions shall be confirmed in- writing to the Contractor. Other directions shall be so confirmed on written request in each case~ The Contractor shan give efficient supervision to, the work, using his bes~ skill and, attention. He shall carefully study and compare all drawings, specifications and other instructions and shall at once report to the Architect any error, inconsistency or, omission' which he, may. discover, but he, shall not 'be held responsible for their existence or discovery. Art. 15. Changes in the Work.-The Owner, without invalidating the Contract, m~y order extra work or make changes by altering, adding to or deducting 'from the work, ,the Contract Sum being adjusted accordingly, All such work'shall be executed under the conditions o,f the original contract except that any claim for extension of ti",. caused thereby shall be adjusted at the time of ordering such change. . . " ' ~ ' . . . In giving instructions, the Architect shall ,have authority to make minor changes ,in. the work, not involving.extra cost, "and not inconsistent with the purposes of the building, but otherwise, except in an emergency endangering life or property, .'no extra work or charige shall be made unless .in pursuance of a written order from the Owner signed or countersigned by the Architect, or a written: order from the Architect stating that the Owner has authorized the extra work. or change, and no claim for an addition to the contract s~m shall be valid unless so ordered., ". "'. " The value of any such extra 'work or change shall be det~rmined in one or mare or the following ways: c, (a) By estimate and acceptance in a lump sum. "( b) By unit juices named in the contract or subsequently agreed upon. . (c) By cost and percentage or by cost and a fixed fee, If none of the above methods is agreed upon, the Contractor I provided he .re~'eives' an order as above, shall proceed with the work. In such c:ase and also under case (c), he shall keep and present in such form as the Architect may direct, a rorrtet account of- the cost, together with vouchers." In any case, the Architect shall certify to the amount, including reasonable allowance for voverhead . and profit, due to the Contractor. Pending final determination of .value, pay~ents on account of changes shall be made on the Architect's certificate. ' Should conditions. encountered below the surface of the' ground be at "ariance With the con- ditions indicated by the drawing. and specifications the contract sum shall be equitably adjusted upon claim bX either party made within a reasonable ~ime ~fter.,~he first observance of th.e "conditions. Art. 16. Claims for Extra CoaL-Hthe Contractor claims that any instructions by drawing. or otherwise involve extra cost c'under 'this contract, he shall give the Architect written notice thereof within a reasonable time after the receipt" of such instructions, and in any event before proceeding to execute the work, except in emergency endangering life or property, and the procedure shall then be as,provided for changes in the work. No such claim shall be valid unless so' made; Art. 17. Deductions for Uncorrected Work.--'--lf the Architect and Owner deem it inexpedient to,; correct work injured or done not in accordance with the Contract, an equitabJe deduction from the contrl'ct price shall be made therefor. ' ' 'I' . Dela s and . of the wor y any act or neglect of the Owner or the Architect,or of any,emp!oyee of eith y any separate Contractor employed by the O~ner, or by changes ordered in the wor y strikes" lockouts, fire, unusual delay in transportation, unavoidable casualties ora ~uses beyond the Contractor's control, or by delay authorized 'by the Architect pendin tration, or by any cause which the Architect shall decide to justify the delay, then the . comple~ion s~all be extended for such reasonable time as the Architect may decide. . No such extension shall be made for delay, occ . g more than seven days before claim therefor is made in writing to the Architect. In e, of a continuing cause of delay, only one claim is necessary. ' . .' If no schedule or agreem stating the dates upon which drawings shall be furnished is made, then no claim for del a be allowed on account of failure to furnish drawings until two weeks after demand uch drawings and not then unless such claim be reasonable. T rticle does not exclude the recovery of dam~ges for delay.by either party under other, " , , ' p General Conditions. Sizth Edition.-Ten Pagell--Page 4. Rr~. ~ I I - o o I I I I I I Art. 19 Correction of Work Before Final Payment.- The Contractor shall promptly remove from the premises all work condemned by the Architect as failing to conform to the Contract, whether incorporated or not, and the Contractor shall promptly replace and re-execute his own work in ac- cordance with the Contract and without expense to the Owner and shall bear the expense of D'!~~~g good all work of other contractors destroyed or damaged by such removal or replacement. .. If the Contractor does not remove such condemned work within a reasonable time, fixed by written notice, the Owner may remove it and may store the material at the expense of the Con- tractor. If the Contractor do~ not pay the ~xpenses of such removal within ten days' time there- after I the Owner may I upon tt'~. days' written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof, after Ifeducting all the costs and expenses that should have been borne by the Contractor. Art. 20. Correction of Work After Final Payment.-Neither the final certificate nor payment nor any provision in the Contract Documents shall relieve the Contractor of responsibility for faulty materials or workmanship and, unless. otherwise specified, he shall remedy any defects due thereto- and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of substantial completion, The Owner shall give notice of observed defects with reasonable promptness. All questions arising under this article shall be decided by the Archi- tect subject to arbitration. Art. 21. The Owner's Right to Do Work.-lf the Contractor should neglect to prosecute the work: properly or fail to perform any provision of this contract, the Owner, after three days' written notice to the Contractor may, without prejudice to any other remedy he may have, make good such de- ficiencies and may ded.uct the cost thereof from the payment then or thereafter due the Contractor, provided, however, that the Architect shall approve both such action and the amount charged to the Contractor. Art. 22. Owner's Right to Terminate Contract.-lf the Contractor should be adjudged a bank:. rupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which ex.te'nsion of time is provided, to supply enough properly skilled work- men or proper materials. or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Architect, or otherwise be guilty of a substantial violation of any provision of the contract, then the Owner, upon the certificate of the Architect that sufficient cause exists to justify such action, maYI without prejudice to any other right or remedy. and after giving the Contractor seven days' written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the W(lrk: by whatever method he may deem expedient. In such case the .Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work: including compensation for additional managemental and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. The expense incurred by the Owner as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Architect. Art. 23 Contractor's Right to Stop Work or Terminate Contract.-If the work: should be stopped under an order of ~ny court, or other pubIlc authority, for a period of three months, through no act or fault of the Contractor or of anyone emplo'yed by him, or if the Architect should fail to issue any certificate for payment within seven days after it is due, or if the Owner should fail to pay to the Contractor within seven days of its maturity and presentation, any sum certified by the Architect or awarded by arbitrators. then the Contractor may, upon seven days' written notice to the Owner and the Architect, stop work or terminate this contract and recover from the Owner payment for all work executed and any loss sustained upon any plant or materials and reasonable ~rofit and .damages. Art. 24. Applications for Payments.-The Contractor shall submit to the Architect an application for each payment, and, if required, receipts or other vouchers, showing his payments for materials and labor, including; oaymcnts to subcontractors as required by Article 37. If payments are made on valuation of work: done, such application shall be submitted at least ten days before each payment .falls due, and, if required, the Contractor shall, before the first application, submit to the Architect a schedule of values of the various parts of the work, including quantities, aggregating the total sum of the contract, divided so as to facilitate payments to sub- General Conditions. Sixth Edition-Ten pagea-page $. I I I 0\ ,,-"'" ,- 1-/8&J~ ,4 S] ., ..... -'li,f~ A .if' I ~. <';. :';1 Art. 19 Correction of Work Before Final Payment.- The Contractor shall promptly remove from the premises. all work condemned by the Architect as failingotoCconform to the Contract, whether incorporated or not, and the Contractor sh3:11 promptly replace and re-execute his own work in ac- cordance with the Contract .and without expense to the Owner .and shall bear~the expense of Il'!~~~g good all work of other contractors destroyed or damaged by such removal or replacement. ' If the Contractor does not remove such condemned work" within' ,3 reasonable time, fi~ed. by written notice, the Owner may remove it and may store the material at the expense of the Con- tractor. If the Contractor does not pay ,the expenses of such removal within tto days' time there~ - after, the Owner may, upon ten days' written notice. sell such materials at auction or at private sale and shall account for the net procec_ds thereof) after deducting all the costs and expenses th'at should have been borne by the Contractor. . ,'" < ' , ~ -' Art. 20. Correction of Work Mter Fimll Payment.~Neither the final certificate nor payment rior any provision in the Contract Documents' .shall ~relieve. the -Contractor of responsibility for faulty materials or workmanship and,\.::').lessotherwise specified, he shall remed'y any.defects due thereto2 and pay for any damage to other work resulting therefrom, ~vhich shaH app'ear ,vithin a period of onc year.from the date~of substantial. ~ompletion. The Owner shall give notice of observed defects '0 with reasonable promptness. All questions ',arising under 'this artide shall be decided by the Archi. tect subject to arbitrati~n. Art. 21. The Owner's Right to Do Work.-lf the Contractor should neglect to pr(lSecute the work properly or fail to perform any provision of this contract~ the Owner, after three days' written notice to the Contractor may, \vithout prejudice to a'ny other remedy he may "have, make good such de- ficiencies and may deduct the cost thereof from.the payment then or thereafter due t~e Coritnictor, provided, however) that the Architect shall approve both such action and the amC!unt charged, to the Contractor. . . , , '. Art. 22, Owner's Right to Terminate Contract.-If the Contractor should be adjudged a ,bank- rupt, or if he should make a general assignment for the benefit of,his qeditors, or-~if a receiver should . be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should . fail, except in cases for which extension of time is. provided; to supply enough properly skilled work": ' men or proper materials, or if he should fail to make prompt pay~ent to subcon~ractors or for material or labor, or persistently disregard laws, ordinances or the instructions,of the" Architect, or otherwise be guilty of a subo;tantial :violation of any provision of the contract, then the Owner, upon ~., the certificate of' the Architect that sufficient cause exists to justify such action, may, without - prejudice to any other right or remedy:and after' giving the Contractor seven,days' written 'notice, terminate the employment of the Contractor and take,"possesSion of the premises and o,f all materials, tools and appliances thereon and finish the work by whatever method, he may deem eXJU:;dient. . In such case _the Contractor shall not be, entitled to receive any further payment until the work -is finished. If the unpaid balance of the contract price shall exceed the expense .of finishing the work including compensation for additionaJ managemental and administrative. services, 'su~ti ex_cess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the' Contractor shall pay the difference to the Owner, The expense incurred by the Owner. as ,herein provided, and the 'damage incurred through the Contractor's default" sh~ll be certified by the, Architect. ", . , " Art. 23 Contractor's Right toStop"Work or Terminate Conttaci.-If the 'work should be stopped under an order of any court, or ,other -puhlic authority, for 'a period of tnree months, through 'no. act or fault of the Contractor or of, anyone employea by him, or if the Architectshould fail to issue any certificate for payment within,seven days: after it is due, or if'the Owner,sh6uld fail to pay ~o the Contractor within seven 'days of its' maturity.: and presentation, any sum ceitified,'by the Architect. or awarded by arbitrators, then the Contractor may, upon 'seven days' written notice to 'the Owner and the Architect, stop work or ter~inate this contract an"d recoyer from the,Owner payment "for all work executed and any loss sustained upon 'any ,pla;nt or materials and reasonable 'profit ilnd damages. Art. 24. Applications for Pa~ents.- The Contractor 'shall sub;"it t~ the Architect ;n application /-- for each payment, and, if required, receipts or other vouchers, showing his, payments, for materials and labor, including oayments to subcontractors as required by ArticIe'37~ ~ " , If payments are made on" valuation of work ~one,. such application shall be submitted at least ten days before each payment falls due, land, if required, the, Contractor shall, .before the first .application, submit to the Architect a schedule 'of values of the various parts of the work, il)cluding quantities, aggregating the total sum of'the contract) divided so "as to facili.tate payments to sub. Gentral Conaitio~8.t Sixth Editiou..::...:ren Pagea-Page S. " ' -..::r--_<f-'-~ # I I OJ j i , ) .1 .1 I I I I ....j f/.~~.//f 3r I I contractors in accordance with Article 37 (e), made out in such form as the Architect and the Con- tractor may agree upon, and, if required, supported by such evidence as to its correctness as the Architect may direct. This schedule, when approved by the Architect, shall be used as a basis ror certificates of payment, unless it be found to be in error. In applying for payments, the Con- tractor shall submit a statement based upon this schedule, andJ if required, itemized in such form and supported by such evidence as the Architect may direct, showing his right to the payment claimed, . If payments are made on accou"t of materials delivered and suitably stored at the site but n~t incorporated in the work, they shall, if required by the Architect, be conditional upon submission by the Contractor of bills of sale or such other procedure as will establish the Owner's title to such material or otherwise adequately protect the Owner's interest, Art. 25. Certificates of Payments.-If the Contractor has made application as above, the Architect shall, not later than the date when each payment falls due, issue to the Contractor a certificate for such amount os he decides to be properly due, or state in writing his reasons for withholding a cer- tificate. . No certificate issued nor payment made to the Contractor, nor partial Or entire use or occupancy of the work by the Owner, shall be an acceptance of any work or materials not in accordance with this contract. The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing after final payment or from requirement of the specifications, and of all claims by the Contractor, except those previously made and still unsettled. Should the Owner fail to pay the sum named in any certificate of the Architect or in any award by arbitration, upon demand when due, the Contractor shall receive, in addition to the sum named in the certificate, interest thereon at the legal rate in force at the place of building. Art. 26. Payments Withheld.- The Architect may withhold or, on account of subsequently dis- covered evidence, .nullify the whole Or a part of any certificate to such extent as may be necessary to protect the Owner from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating probable filing of claims. (c) Failure of the Contractor to make payments properly to subcontractors or for material or labor. (d) A reasonable doubt that the contract can be completed for the balance then unpaid. (e) Damage to another Contractor. When the above grounds are removed payment sball be made for amounts withheld because of them. I ontractor protect him from claims under workmen's' compensation acts and from claims for damages bec of bodily injury, including death, which may arise from and during operations under thi ontract, whether such operations be by himself or by any subcontractor or anyone directly ndirectly em- ployed by either of them, This insurance shall be written for not less than limits of liability specified as part of this contract. This insurance need not cover any liabil' Imposed by Article 31 of these General Conditions. Certificates of such insurance shall be with the Owner if he so re- qUires. Art. 28. Owner's Liability Insurance.- The Owner s e responsible for and at his option may maintain such insurance as will protect him from . contingent liability to others for pamages be- cause of bodily injury, including death, which y.arise from operations under this contract, and any other liability for damages which the Con ctor is required to insure under any provision of this contract. I Owner shall effect and maintain fire insurance ,ipon the entire structure on which the of this contract is to be done to one hundred per cent of the insurable value thereof, inclu . g items of labor and materials connected therewi.th whether in or adjacent to the structur nsured, materials in place or to be used as part of the permanent construction including s us materials, shanties, protective fences, bridges, or temporary structures, miscel- laneous aterials and supplies incident to the work, and such scaffoldings, stagings, towers, forms, . .. in th General Conditions. Sinh Edition-Ten. Pages-Page 6. I y~ -~ ... - 1../ ~ rf - It ,3 (;, I c ' any tools, equipment, scaffolding, staging, towers,' and forms ownlid or rented by the Con the capital value of which is not included in the cost of the work, or any cook shanties, b houses 'or other structures erected for housing the workmen, The loss, if any, is to be e adjustable with and payable to the Owner as Trustee for the insureds as their interests ma pear, except in such cases as may require payment of aU or a proportion of said insurance to bade to a mortgagee as his interests may app~ar. The Contractor and all subcontractors shall be named or design at capacity as ,insured jointly with the Owner in all policies, all of, which shall be op to the Contractor's ins"pection., Certificates of such insurance shall be filed with the Contracto . he so reqiJires. If the Owner fails " to effect or maintain insurance as above and so notilies the ntractor, the Contractor may insure his own interest and that of the subcontractors~and charg e cost thereof to the Owner. If the Con- tractor is damaged by failure of the. Owner to ma' ain 'such insurance or to so notify the Contrac- tor, he may recover as stipulated in the contrac or recovery of damages. If extended coverage or other special insurance not herein provided f is required by the Contractor, the Owner shall effect such insurance at the Contractor's expe by appropriate riders to his lire insurance policy, If required in writing by any pa in interest, the Owner as Trustee shail, upon the occurrence of loss, give bond for the pro!>"r dormance of his duties. He shall deposit any money received from insurance in an account s arate from all his other funds and he shall distribute it in accord. anee with such agreement the parties in interest may reach, or under an award of arbitrators appointed, 'one by the 0 er, another by joint action of the other parties in interest, all other pro- cedure being as provielsewhere in the contracts 'for Arbitration. If after loss no special agree- ment is made, repl men't of injured work shall be ordered and executed as provide for changes in the work. .The Tr ees shall have power to adjust and settle any loss with the insurers unless one of the Contract interested shall object in writing within three ~"orking days of the occurrence of loss, and reupon arbitrators shall be chosen as above: The Trustee shall in that case make settle- I!J m with the . . dance, with the directions of such arbitr '7,.e, y arbitration i~ required, dueet sue Istri ution. Art. 30. Guaranty Bonds.- The Owner shall have the right, prior to the signing of the Contract, to require the Contractor to furnish bond covering the faithful performarice of the Contract and the payment of all obligations arising thereunder, in such form as the Owner may prescribe and with such sureties as he may approve. If such bond is required by instructions given previous to .the sub- mission of bids, the premium shall be paid by the Contractor; if subsequent thereto, it shall be paid by the Owner. I D I , , Art. 31. Damages.-lf either party to this Contract should ,suffer damage in any manner because of any wrongful act or ,neglect of the other party or of anyone employed ,by him, then he shall be reimbursed by the other party for, such damage, provided, the Owner shall be responsible for and at his option insure against loss of use of any of his existing property, due to lire or otherwise,how, ever caused. Claims under this clause shall be made in writing to the party.' liable within a reasonable time of rhe first observance of such damage and not later than the time of linal payment, except as expressly stipulated otherwise in the case of faulty work or materials, and shall be adjusted by agreement or arbitration. '. , The Contractor is relieved of'responsibility for damages to the work due to causes beyond the control of and without fault or negligence of the Contractor. Art. 32: Liens.-Neither the final pay;"ent nor' any part of the retained percentage 'shall beco~e due unt,l the Contractor, if required, shall deliver to 'the, Owner a complete release of alllie05 arising out of this Contract, Or receipts in fiJll in lieu thereof and, if required in either case; 'an, affidavit that so far as he has knowledge or information the releases and receipts include all the labor and material for which a lien could be liled; but the Contractor inay, if any subcontractor refuses to furnish a release or receipt in full, furnish a 'bon'd- satisfactory to ~he Owner, to "jndemnify him against any lien. If any lien remain unsatisfied after all payments are made, the Contractor shall refund to the Owner all moneys that the latter may'be compelled to pay in discharging such a lien, inCluding all costs and a reasonable attorney s fee. ' " '. ' Art. 33. Assignment. Neither party to the, Contract shall assign the ,Contract or sublet it as a I General ConditioDs. Sixth Edition.-Ten Pages-Page 7. I """I 41/t-A .3 7 I I whole without the written consent of the other, nor shall the Contractor assign any moneys due or to become due to him hereunder, without the previous written consent of the Owner. Art. 34. Mutual Responsibility or Contractors.-Should the Contractor cause damage to any separate contractor on the work the Contractor agrees, upon due notice, to settle with such con- tractor by agreement or arbitration, if he will so settle. If such separate contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor, who shall defend such proceedings at the Owner's expense and, if any judgment against the Owner arise therefrom, the Contractor shall payor satisfy it and pay all costs incurred by the Owner. Art. 35. Separate Contracts. -The Owner reserves the right to let otber contracts in connection with this work. The Contractor shall afford other contractors reasonable opportunity for the intro-' duction and storage of their materials and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results upon the work: of any other contractor, the Contractor shall inspect and promptly report to the Architect any defects in such work that render it unsuitable for such proper execution and results, His failure so to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper for the reception of his work, except as to defects which may develop in the other contractor's work after the execution of his work. To insure the proper execution of his subsequent work the Contractor shall measure work already in place and shall at once report to the Architect any discrepancy between the exccuted work and the drawings. Art. 36. Subcontracts.- The Contractor shall, as soon as practicable after the execution of the contract, notify the Architect in writing of the names of subcontractors proposed for the principal parts of the work and for such others as the Architect may direct and, shall not employ any that the Architect may within a reasonable time object to as incompetent or unfit. If the Contractor has submitted before execution of the contract a list of subcontractors and the change of any name on such list is required in writing by the Owner after such execution, the contract price shall be increased or diminished by the difference in cost occasioned by such change. The Architect shall, on request, furnish to any subcontractor, wherever practicable, evidence of the amounts certified on his accc;unt. The Contractor agrees that he is as fully responsible to the Owner for the acts and omissions of his subcontractors and of pr.rsons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. Nothing contained in the contract documents shall create any contractual relation between any subcontractor and the Owner. Art. 37. Relations or Contractor and Subcontractor.- The Contractor agrees to bind every Sub- contractor and every Subcontractor agrees to be bound by the terms of the Agreement, the General Conditions, the Drawings and Specifications as far as applicable to his w.ork, including the follow- ing provisions of this article, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the Owner or Architect. This does not apply to minor subcontracts. The Subcontractor agrecy-- (a) To be bound to the Contractor by the terms of the Agreement, General Conditions, Draw- ings and Specifications, and to assume toward him all the obligations and responsibilities that he, by those documents, assumes toward the Owner. (b) To submit to the Contractor applications for payment in such reasonable time as to enable the Contractor to apply for payment under Article 24 of the General Conditions. . (c ) To make all claims for extras, for extensions of time and for damages for delays or other- wise, to the Contractor in the manner provided in the General Conditions for like claims by the Contractor upon the Owner, except that the time for makin~ claims for extra cost is one week, The Contractor agrees-- (d) To be bound to the Subcontractor by !Ill the obligations that the Owner assumes to the, Contractor under the Agreement, General Conditions, Drawings and ~pedfications, and by all the provisions thereof affording remedies and redress to the Contractor from the Owner. I I General Conditions. Sixth Edition-Ten Pages-Page 8. I /' ,-" ---- ...,j ".. ,y ~t"~ If a 8 (e) To pay the Subcontractor, upon the payment of certificates, if issued under the schedule of values described in Article 24 of the General Conditions, the amount allowed to the Contractor on account of the Subcontractor's work to the extent of the Subcontractor's interest therein. (f) To pay the Subcontractor, upon the payment of certificates, if issued otherwise than as in (c), so that at all times his total payments shall be as large in proportion to the value of the work done by him as the total amount certified to the Contractor is to the value of the work done by him. (g) To pay the Subcontractor to such' extent as may be provided by the Contract Documents or the subcontract, if either of these provides for earlier or larger payments than the above. (h) To pay the Subcontractor on demand for his work or materials as far as executed and fixed in place, less the retained percentage, at the time the certificate should issue, even though the Architect fails to issue it for any cause not the fault of the Subcontractor. ,(j) To pay the Subcontractor a just sbare o} any fire 'msurance money received by him, the Contracror, under Article 29 of the General Conditions. (k) To make no demand for liquidated damages or penalty for delay m any sum in excess of such amount as may be specifically named in the subcontract. (l) That no claim for services rendered or materials furnished by the Contractor to the Sub- contractor shall be valid unless written notice thereof is given by the Contractor to the Subcontractor during the first tell days of the calendar month following that in which the claim originated. (m) To give the Subcontractor an opportunity to bPo present and to submit evidence in any arbitration involving his rights. en) To name as arbitrator under arbitration proceedings as provided in the General Conditions the person nominated by the Subcortractor, if the sole cause of dispute is the work, materials, rights or responsibilities of the Subcontractor; Of, if of the Subcontractor and any other subcontractor jointly, 'to name as such arbitrator the person upon whom they agree. The Contractor and the Subcontractor agree that- (0) In the matter of arbitration, their rights and obligations and all procedure shall be analogous to those set forth in this contract. Nothing in this article shall create any obligation on the part of the Owner to pay to or to see to the payment of any sums to any subcontractor. Art. 38. Architect's Status.- The Architect shall have general supervision and direction of the work. He is the agent of the Owner only to the extent provided in the Contract Documents and when in special instances he is authorized by the Owner so to act, and in such instances he shall, upon request, show the Contractor written authority. He has authority to stop the work when- ever such stoppage may be necessary to ,insure the proper execution of the Contract. As the Architect is, in the first instance, the interpreter of the conditions of the Contract and the judge of its performance, he shall side neither with the Owner nor with the Contractor, but shall use his powers under the contract to enforce its faithful performance by both. In case of the termination of the employment of the Architect, the Owner shall appoint a capable and reputable Architect, against whom the Contractor makes no" reasonable objection, whose status under the contract shall be that of'the former Architect; any ,dispute in connection with such appointment te 'be subject to arbitration. Art. 39. Architect's Decisions.-The Architect shall, within a reasonable time, make decisions ,on all claims of the Owner or Contractor and on all.other matters relating to the execution and progress of the work or the interpretation of the Contract Documents. . The Architect's decisions, in matters relating to artistic effect, shall be final, if within the terms of the Contract Documents, Except as above or as otherwise expressly provided in the Contract Documents, all the Archi- tect's decisions are subject to arbitration. If, however, the Architect fails to render a decision within ten days after the parties have presented their evidence, either party may then demand arbitration. If the Architect renders a decision after arbitration proceedings have been in.itiated, such decisiori~ may be entered as evidence but shall not disturb or interrupt such proceedings except where such decision is acceptable to the parties concerned. General Conditions. Sixth Edition-Ten Pages-Page 9, I I I I I - I I I I I ::> -- /.Iff'$-'"/ A- g 9 m c shall be submitted to arbitration in accordance with the provIsIOns, then obtaining, Form of Arbitration Procedure of The American Institute of Architects, and this a nt shall be specifically enforceable under the prevailing arbitration law, and judgment upo e award r"ndered may be entered in the court of the forum, state Or federal, having ju' Iction. It is mutually agreed that the decision of the arbitrators shall be a condition prece to any right of legal action that either party may have against the other. The Contractor shall not cause a delay of the work ng any arbitration proceedings, except by agreement with the Owner. Notice of the demand for arbitration of a te shall be /iled in writing with the Architect and the other party to the contract. If the a . ration is an appeal from the Architect's decision, the demand therefor shall be made within t days of its receipt; in any other case the demand for arbitration shall be made within a r onable time after the dispute has arisen; in no case, ,however, shall the demand be made later t the time of /inal payment, except as otherwise expressly stipu- lated in the contract. The arbitrators, if y deem that the case requires it, are authorized to award to the party whose contention is ained, such sums as they or a majority of them shall deem proper to com- pensate him for time and expense incident to the proceeding and, if the arbitration was demanded without rea a Ie cause, they may also award damages for delay. The arbitrators shall /ix their /2 Own ensation '. s an c ~'Jf. mgs upon either or both parties. T Art. 41. Cash AlIowan~:es.- The Contractor shall include in the contract sum all allowances named in the Contract Documents and shall cause the work so covered to be done by such con- tractors and for such sums as the Architect may direct, the contract sum being adjusted in conform- ity therewith. The Contractor declares that the contract sum includes such sums for expenses and profit on account of cash allowances as he deems proper. No demand for expenses or profit other than those included in the contract sum shall be allowed. The Contractor shall not be required to employ for any such work persons against whom he has a reasonable objection. Art. 42. Use or Premises.- The Contractor shall confine his apparatus, the storage of materials and the operations of his workmen to limits indicated by law, ordinances, permits or directions of the Architect and shall not unreasonably encumber the premises with his materials. The Contractor shall not load or permit any part of the structure to be loaded with a weight that will endanger its safety. The Contractor shall enforce the Architect's instructions regarding signs, advertisements, /ires and smoking, Art. 43. Cutting, Patching llIld Digging.- The Contractor shall do all c:Jtting, fitting Or patching of his work that may be required to make its several parts come together properly and /it it to receive Or be received by work of other contractors shown upon, Or reasonably implied by, the Drawings and Specifications for the completed structure, and he shall make good 'after them as the Architect may direct. , Any cost caused by defective or ill-timed work shall be borne by the party responsible therefor. The Contractor shall not endanger any work by cutting, digging or otherwise, and shall not cut or alter the work of any other contractor save with the consent of the Architect. Art. 44. Cleaning Up. -The Contractor shall at all times !ceep the premises free from accumulations of waste material Or rubbish caused by his employees or work, and at the completion of the work he shall remOVe all ,his rubbish from and about the building and all his tools, scaffolding and surplus materials and shall leave his work "broom-clean" or its equivalent, unless more exactly speci/ied. In case of dispute the Owner may remove the rubbish and charge the cost to the several contractors as the Architect shall determine to be just. ' \ General Conaltiolls. Sixth Eilitioll-Tell Pageo-Page 10. .f " ..,j r- 11 go?~ Jl. 1/ 0 ~. I .... <:x:: ~ "- " k, "<: -; "" " . d." '" Ii ~ jl,' 'J : 'r C' .' .' ."., J~' . . . ~:' ' _'I i -, "II /.: d;.' .. I ,'" j _ :~.'1, :~;1... . '. :....1. OWNER'S PROTECTIVE BOND 1.j. \ .~ , -_. . "1 , . .".,?~:';... .. I 'I ";ti'-'.\> '\0 },.f, I ',r'!,,',"';' . L II :S?:~NDt\RPJ;f9~.;u~: . :'.;":1;11 ",V'::Jf Copyright, 1940 by THE SURETY Assoc1^n~N OF AMERICA. ~ THis ST~kD;RDtFCiR;~f[O~:OW~EP.'S ~R~.!;m:E.BON~' [s;_P~i~TEti'AKD-~r.b ~~'q:j;;~AM:2~}Cl~'~~J~1~IJ '. OF ARCHIttcTS'UNDER LICENSE'OP THE SURElY ASSOCIATION OF AMllklC'A 'FOR USE 'IN ~CoNNECnOlr WITH .1" THE STANDAR.D nnllot-OF ...~nEMENT'AND;CENEiAL OONDmON5 OF THE'CONTaA'CT'FoK.nla.CONSTllUC-; , . . " ~-' T:t~N'ioF._nUJ~UJC;.S~'\'TH ~DqJq'NI ~PYaIGH:i' 1915-~91~:'~~2~-1937-'1!?Sl:~Y TH~ ~M~1.1CAN :HI~IT1JTE_l"" 'JI"i"", t',.)' to'-' :','. ,!,~ ,,!~ ...PF ^RCJ;l~T~~~,1 ~,^~~I~~~., ~~.:~,..~~P.:OTHE~.~B. " \ ;.l"..l ......,::~'.' .~. L :::: . , , I. [, ".. ";:1" j,,,",,., .,,', '. :f.-'~':"~\'i:'~: ~;C:(i'~'!":/I}"'~i~:~l~.,.~"{:t:",~~ ',l!)d r'!~,'(! ~J/itr , ~,.jqb!ih~l ':J .. ,I K:NOW"'A:Lt;"ME~ : :'Tliat'we:p.':::~~~':.~!!~~.~..:~~,~~9.~~~:'.~mr.?;~;~n ; ,;~.,,:. ".,!c !':':"', , ,l.l::' ..' , i t.'" "Ill., I" ' ". ',' ":,, :.', '{f' .1.:-t':" .". .I .....1'..-: ' ,.-"" '.. ~ .'.' "01 .:. "1... '":' ',' ",;:'1. >:!'_<. ':~:.' ,';:Vicwria :Texa.S""'}'">"'h+'. '.il'I,:Itfr-:.,'; .l'ti'i~p''''. ':""-'1: ....' ...........,..__.................__.....__.............___....1........'"............,........................................., . nncl pa , ',;.. . ,J.". I' :. 1 'f (Rerc'inscrtithe namet an.d addreU'oi leIiaJ' tltle'ot: the' ContrUtOr). T....: . .....".; ,'f~.'." :' :~ . ..,..: ,: . "'. 'q 1:Anle~1~ .Generai"IiiB~ance~"d~:V;' ~ }J:;. i~ t' .:~i ,,~~:.. '>l~t;l;;;t1,/ ',,'1 '~I"'-"'~" I ,,', J and ....'...' __........ ____.... ____ ...' ............ ...... ,...., ..,....." ,..."l;r!I?~W,::.,.. ..." "..,,,,.,.,....,.... ..:::.,........,: ""::,,'. ",,'J .,....'..,.,. __...... !~:\l:!'... ...... __... __.....:... .".,,~. '.'...'........ __. ;.~:.,....... .::,...... :..:. :" :..:. --........: ,....: .;...J' SU rety, 1....."-- '1.1".,. -(iierv(riseii~ the'iesral'tlUe or Sl1rety)~'.. ,..~."U~.... .H'" l"_n;:.... t...J.... .....;T.~. ',: _ ,are,hel'd,:and,firmly; hound(,unt6 .:...~...~9.\m..Qsnm.u...:.1:~lt.....?,R1;W,.Q~r.~~..~..--.,.. .. .... n. ..,.. .... ,...." , ' .. , '; . ., I' , , ~ J . . . .,~~..~~~:'.9.Q~Z..Q9.~:.I.~~iQ~~~.~:,~....~Q~:J~~~....1:~!L.--...--......, Owner, (Here inaert the nDm~ and address or JqA1 UUo. of the Owner) . , in the .sum_of,..~~IJ{{1...~..t@!..~~<!.Ii.!~l!:~..'ruQ~~..f.J:y.~..!M!Q~f:~!..$.~..~..,*-~I'J:~.... n -". '1' .' ' __~.,~.:7.;~~~:~,:~,.:::.:.':'::;,~:,~.:7::+.':d7-,~':;:~~:..~:-:~:::-..:::..::..::.:::..::..::..:: . Dollars ($..gJ.$...5.~1l'!+5...) . for the"payment ~t;which,:~e'h.il).d ourselves, our legaltepre~entatives, succ'essors and as- . ",: j.......s-I.d.-.dJ:'!~.J.l.. .- ' . signs, jo~nify:ands~v"e~i\l1y, firmly by these presents. . Where~s, Principal has executed contract with Owner~ dated ....~y.~~r.__9....J9.5.'L___.. .' , . . .'~ . .". , ... ' ' , for .....99.~,~~~~;~~..9.L9.9,~~,~.~..?:~~Lo!.~.P.:..?!~~,~.~~...J.!!~~~~.~tU'i~~!~............___, ., ~.. .. ~ . ......:.. ... ~ ...~." 'Y ....' I ,.~9.!Wtt~~'!:tMm....~~~9.ttr;.7-?:~..~r.Jf~..,~~t.~..~g:.~--,?!~.,~~~p.~~~;,~r.~;.~,!..,....:.....__. . 1 :. i " :.' ii' . ' ,. .!. . ~ :; j i) ,.:;. ..l?~~~~~~.~.S!.~~~I.:~~._r...~:~~....,~_~~I~.~..::_:.~.~..._,.'~;".~.~:~~.I_;:._:~~:~;~~:~:~..~:.,::~:~~;__....~:.~~j~'...~....~~_~:~~~.~~;~~.;';~~;~_;.~~.~:~~~'.~'::l.~~I;~', ',)','. ..... .,'''..ti.. ."', "', .t.:. 'j',,> , ~. .!...';";:L~i..:::', copy of which qmtract is by ref~rerice m,ade a p'ar'fhe'reot' '~ ." ',,,, ... _, ...'.... , ....h... _,f. :....Jr~'J, '.. ~ J' ,~:'''.. 1! _I '- ~ 1..,1 ".' '" j:n~ Hl - ,.,.) ~ . NOW, THEREFORE, if Principal.shall faithfully perform-such contract and pay all persons wh~'have furhished labor <ir mat~~iar,fqr ils~ 'in, o'r a~~~t tlte;impi;'venlliri~'and' ihall ;iridemnify,~n~:saye ,harmless the'Owner from all cost-and. datriage,by. reason ,0f:Principal's 'default or failure 5O,to do"then this obliga. tion'shall'be null'and'void;'otheiwise'it'shalhemairi"infull force",md"effec(" ,I,: ", , ',' '. , ... :." . ~... All persons who have furnished labor or, material for use in,or about the improvement shall have a direct right of action under th~' bo~d,.sub'j'ect to 'the, Owner's, prioritY. 'I,' .'. ':., '" " ,< . The Contract, including ,the" completion<th~reof ~fter .d<;faOlt;if ar1'y;:~~alllle l>r~s~cute~:\lnder full super- vision of a duly qualified architect, '."'~ ' "", : ".' . , , An)' payment or payments under the bond shall redoce it~ penaltY to the extent of such payment or pay- ments. .. I I I t:l :<; 0 !'Xl ~ ~ U r.:t ~ ~ ~ rn ~ 0 :<; ~ I 0 I ~ 4~(~1f1f1 -.l No suit or action may be maintained under the bond unless it shall have been instituted within two ycars from the date on which final payment under thc contract falls due. The Owner and Architect shall cooperate with and assist Surety in prosecuting its rights and claims, if any, against Principal a..d others by supplying testimony, books, records and documentary evidence in their possession. The Surety hereby waives notice of any alteration, extension or forbearance made or extended by the Owner or Principal. , , In event Principal is in default under the contract as defined therein, Surety will (al within fifteen ( 15) days of determin~\ion of such 'default, take over and assume completion of said contract and become cntitled to the payment,of the balance of the contraeb price, or (b) pay the Owner in cash the reasonable cost of completion, less the balance of the contract price induding retained percentage. The cost 'of completion shall be fixed by taking bids from 'at least d;ree responsible contractors, one chosen by the Owner, one by the j\rchitect and one by the Surety. The Surety will make such payment within fifteen (15) days after the cost of completion shall have been so determined, " .. ,;Pto.yid~, h!>w~'t'er, "tQ.aLllnIessAhe' ..foresaid cqrttract is executed upon The Standard Documents of The American Institute of Archite.:ts;' it is liereby stipulated' and agreed and ihis bond is executed and delivered upon the condition that all disputes, claims or questions arisirg',undef.iiuch contract shall be subject to arbi- tration in accordance with the provisions of Article 40 of the General 'Conditions of the Contract for the Construction of Buildings contained in the Sixth Edition of such ,Standarp, Documents ;aforesaid, anything to the contrary contained in such aforesaid, contract notWithstanding, ' ., "," ,,- ..', , Signed and sealed this:::..Qtl.L....:........:......... day of ...~X~--...___..____..A.D..:...~921.........:....._________ +.:.~o: t,.'<.::' .. t .~ . (~ ;. .'I!LW..__.~~~..9.Q~~1W9TI;!m ~~ION <~. .;-(~.S4J:~:...r:..: :......"..--:..__.,__:.,,;__c... '<~__' ~.,,::~'.l: c ~ -.."~.,.. .- :~~_:~1;j......:.....,.:.,.:,.,<~~::~t.( ......:.. -"":'c. ..). . ........~n......... .......:h.....zt....:..~..:..._..:... .:.:~...:-l:. ~ ~~_~/.,I//> .. ..........(.0 1/. Bv , , .~.. ~ ~.;;.... /I.,. I,;. ,/. :. .,...... ...._.~.._.~.......h.,..~.i:\ ..-_;.~_n..i.i.'6j-.. - '.~".";t.-;;'!'~'.~4,...-v '-;', Attorney-in-...act .c' -t:! "')~ ,;;":;;;,'''\ y "c' '. _. I-.,,~'" -., .t:....\."'\. _ o' , .... tI) r'r."" .... '_\" ....- " . . .u_u.n...._..n_......_.._...__:_~.._._._....hh..~__h-=.:.;~-..t-4.~-?';-.~",:;;:~:,. <rf: .....c:: ;. (S",.tJty) .:..:..J t~~.,-'...!:.,. ":";\-':'k~"'-":: :".c{~O:~dj",,\. 'n'l.':>f.:: ,'.,: .t......::i ':'l.:C... '. . .~:-;r:.-...~.\~~~-;r;,rA..:J.:~~ ... I '... -:.,,;> .....~-:tl!~~'::.t-;..., ..' ~ .~, "~:..":I", ...~';:.~'~::.(;..,...~ '4 "':'~-'.~ f .. r-' .. _. .. " ., , .. ..:;,.,~ ...)....... tif;! .~ . 'If':}_' . .' -'...." "-n-,- I ,0 . ......-t.I'l.J.~J rv-"NVO''''' ......'.. COpy OF AitBiTRATION CLAUSE' REFERRED TO'IN-BOND. ., ....-- ""'.: --;./~>f;!'IIIIIII'\\~>~'~: '.'.- '. .... " ,.'. . .-,-' ~t,_ _ ' "i,.,..J.....-:- ..j ...l...,-.,.r:?~~-:~r:~:'. Art oH). Arbitration:--I"')AlI di,pute;;CliHn9~~r qiiesrion's(. subject to arbitlritio& under thii"contta~t iDih be ~8ubmitt~ri'o- arbitration in accordance with the provisiom, then obtaining, of the Standard Form of Arbitration Procedure of The American Institute of Architects, and this agreement sban be .specilica.lly enforceable under the ~~e~iJiQg[ a.rb'itr~~.on law, and judgment upon the award rendered may be entered lQ the hIghest court of . the f.orumj stlite or feClerat,' bavmg juris-diction. It is mutually agreed that the dedsion of the arbitrators shall he a condition precedent to any right of legal action that either party may have agains:t t.h,e other., _'. '. I .' " , The Contractor shall not caUSe a delay of the work during Bny arbitration proceeding, except by agreemeht with the Owner. Notice of the demand for arh!tration of a 'dispute shan be. filed i.nwriting with the Architect nnd th'e otber party to the contract. If the arbitration is an 'appeal from tlle Architect's'decision, the demand therefor sha1l"be made within ten days of its receipt; in nny other caSe the demand for arbitration shall be made within a reasonabJe time after the dispute has arisen; in no case, however, shall. the.dcf!land ,be made later than the time of final payment, ex~ept asothenvige expressly stipulated in the contract. .., > The arbitrators, if they deem that the case- requires it, are authorized to award to the Pol'rty whose contention. is su,- tained, such sums as they or a majority of them shall deem proper to' compensate it for tbe tim~ and expense incident to the proceeding and, if the arbjtratioD was _dema.Dded without reasonable cause, they may alIa award 'damage, for delay. The arbitrators shall.fix'their own compensation, unJess otherwise provided by. agreement,' and shaH aSgess the costs and charges of the proceeding upon either or botb partie,. (From G~n~ra/ Conditions of tJu Contract for th~ Construction of Buildings, Sixlh Edilion, Copyriglrl 1915.1918,I9~5-1~37-~95! by Th. j{m"ica~ Inslilul. of j{rchiucts.) . ' " . . , , .. . .I.~. ...,.. ...,j r- ~ 8 tf- Ii Jf~ I AMERICAN GENERAL INSURANCE COMPANY HOUSTON, TEXAS No.......................:..... I GENERAL POWER OF ATTORNEY ,(BONDS FOR UNLIMITED AMOUNTS) .', )'; . :. \' , Know All Men by these Presents: ,. That the AMERICAN GENERAL INSURANCE COMPANY, a eorporation, duly ineorporated ,!nder the laws of the State of Texas, cloth h<;?reby constitute and appoint......._................uu.....................................~........................................-.................... . ........-............................................................................-.......-.........................-.......-..........-..........-.................. Albert W. Smith of the City of............ ..."':......~()l,1~~'-',...............................,,State of.....:.......................'1.'.e.":8:8.......:......'............." to be its true and lawful attorney-in-fact for the foliowing purposes, to-wit: To sign its name as surety, and to execute, seal and acknowledge any and aU bonds, recognizances, obligations, stip~ ulntions, undertakings. or anything in the nature of the same, and to respectively do and perform any and all acts and things set forth in the appended resolution of the Board of Directors of the said AMERICAN GENERAL INSURANCE COMPANY; provided, that the penal sum of no single one of such bonds, recog~izances, obligations, stipulations or under- c taki ngs' shall exceed the sum of.. .....".., ",..' ,,,.....,, "..".... "..,.....'" ..."....'"" "Q" .!l~jm~~~:.." ".. ".. ...'" """"........"..." ......""......"..... ,Dollars U ); the Company hereby ratifying and confirming all and whatsoeve-r the said attorney~in-fact may law- fully do in the premises by virtue of these presents, but reserving to itself full power of substitution and revocation. In Witness Whereof, The said AMERICAN GENERAL INSURANCE COMPANY, pursuant to a resolution passed by its Board of Directors, at a meeting.'held on the 11th day of September, A. D.'1930, a eertifiedeopy of which is hereto annexed, nas caused these presents to be sealed with its corporate seal, duly attested by the signature of its I Presinent, Vice-Presidents and Secretary this",,,,~,9.t.h.......,.day oL...."".......................1.~~......"....,...,.....'.......,,' A. D. 19..A!L.... American General Insurance Company (SEAL) ATTEST:".". ....".....__~rl!J:~II;~..~~"Ml:'ll.k.",....".....,",..." ~ecretary . E. R. Barrow By...."""".""....."..""...,...........,,,...,,,,,,......,,",,..,,..,,''',,....,,''....."....."" , , . ' . ,Vice President. . . STATE OF TEXAS, } COUNTY OF HARRIS. ss: CITY OF HOUSTON. . On this...."_2.~t.h.""".,,day of."..."......."........"....J.~e....,.."...."'":....".....,,,,in the y~ar 19"J!L." before me perBonaily came to me k~ownJ who, being by me duly;.sworn. did dep'ose and s~y,: ;h~t he ~eside~ in Houston, Tex~s;. that.he is..y~~.~P~esi- dent of the AMERICAN GENERAL INSURANCE COMPANY, the corporation described in and which exe~uted the a~ve instrument; that he knows the Seal of said corporation; that the SeaL affixed to said instrument is such corporabon Seal; that it was affixed to such instrument by and under authority conferred by the Board of Direr.tors of said corpora- tion; and that he signed his name thereto by like authority. . . ....HHH.H__H__HHHH....~'..I.l:..~~:...H_H..H_".H.....H .............-....-...,.-............--. I (SEAL) Harriet Stewart'. ............n_...._..............._...._...................___.........n. Notary Public, Harris County, Texas. A-715 I .' l ..... "18,3"- It 'I J I RP.solution I Resolved, That this Company do, and it hereby does authorize and empower its President or anyone of its Vice~ Presidents, in conjunction with anyone of its Secretaries or anyone of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney-in-fact or attorneys-in-fact, or agent or agents of this Company, in its nam(! and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding posi- tions of public or private trust, guaranteeing .the performance of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowedj and, in its name and as its attorney-in-fact or attorneys-in-fact, or agent or agents, to execute and guarantee the conditions of Bny and all bonds, recognizances, obligations, stipulations, undertakinl!s or anything in the nature of the same, which arc or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local municipal or otherwise, be aHowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the securit.y or protection of, by or for any person or persons, corporation, hody, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the aoing or not doing of anything or any conditions which may be provided for in any such bond, recog- nizance, obligation, stipulation or undertaking, or anything in the nature of the same; the nature, class or extent of the instruments so authol'ized to be specified in such power of attorney. I, ...........,...".................~r.J,11(),Il~..S.:..M.1l1l,1t......................,...., Secretary of the AMERICAN GENERAL INSURANCE COMPANY, hereby certify that at a meeting of the Board of Directors of said Compar.y, duly called and held at the office of the Company at the City of Houston, on the 11th day of September, A. D. 1930, at which was present a quorum of said Directors, duly authorized to act in the premises, resolutions were passed and entered on the minutes of said Company, of which resolutions the foregoing is a true copy and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and seal of the AMERICAN GENERAL INSURANCE I COMP ANY, this"...",~!l,t.h."..".day or..."......."......."."".!.ll.II/!....."""......".."...., A. D. 19....~~.",... (SEAL) '''''''''~r.~()':'~"~~"!\t:l,lll.k............."....,,.,,..........., Secretary. STATE OF TEXAS COUNTY OF HARRIS }ss: Houston, Texas, this..",9.t.b....,...."day of....''''..''hhNo.Y.!l!!Ib.~r...'.......h......''.h....' I, ,..,'".."..,..,.."'"..,...."""..,",..,,,.......,"~r.gl!...w.,....F.1l!l!t....,,,..,"....,.".....,..,....,,,..,..,,,..:...,,..., Secretary of the AMERICAN GENERAL INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said AMERICAN GENERAL INSURANCE COMPANY, which is still in fun fo.rce and effect. ' . ' , . :~ -:.'" . ;.;;'.;~ ~;;j . .'-.' , Compai1.l'at:,:tker.~jbf<: .' ::;:t~i~~:?~~~{,::2~tt\:! '. ,', (''/'.;''.'1 \\ v U :-. "..... 2\--:'; IN WITNESS WHEREOF, I have hereunto set my hand I I ...oiIl r-- 'I t 3'- /f .1/ f ..... "'l E ... " r., "'l ....; "'l ~ THE STANDARD ,FORM OF AGREE~ENT BETWEEN CONTRACTOR AND OWNER FOR CONSTRUCTION OF BUILDINGS ISSUED BY THE AMERICAN INSTITUTE OF ARCIDTECTS FOR USE WHEN A STIPULATBD SUM FORMS THE BASIS OF PAYMENT THE SIXTH InmON OF THIS FORM BAS UCBIVED mB APPROVAL OF TUB ASSOCIATRD GENERAL CONnACTOU OF AMERICA i TUB CON11t.AcnNC PLABTRR.E1lS' INTER.NATIONAL A.S!OCIATION j THB NATIONAL BUILDINC CRANITB QUARIlIES ASSOCIATION, INC.; .THS NATIONAL BLBCT'RlCAL CONTllAcroas ASSOCIATION; TUB PAINTING AND DICORATING CONTRACTORS or AMBJUCA, AND THB PIODUCllU COUNCIL, IHe. COPD,IGHT 1915-1918-1925-1937 BY THB AMERICAN INSTlTlTI'B OF ARCBrn:cn, THB OCTAGON, WASHING- TON, D. C. RBPRODUCTlON or TaB MATBIlIAL BBJUlIN Oil SUBSTANTIAL QUOTATION OP m PR0VJ.!10NI WITHOUT PBRMLSSION OF THI A).t:BRJCAN INSTITUTB OF ARCHrrECJ'B VlOLATBJI THB COPnICHT LAW, or THB UNITBD STATES AND Wu.L BB SUBJECT TO LB~AL ~R05lctrnON. THL5 FORM 18 TO DB USED ONLY WITH THa STANDARD CENERAL COHDmONS OF THB QlN'I1lACT FtR CON8Tl.UcnON OF BUILDINGS. THIS AGREEMENT madetheu.~.~~~J~L______.___u______...n.___.n___n.. day of..~,o.v:~z:n:])~.~n.,,___in the year Nineteen Hundred an~___FlF.T.Y.-=SEY.E.N..{51}u___.u by and between ,~Qg.~!;!:~~..$.I~~~nG.Q..,...,~.~.Q~P.QMJ'.~I;lnln..1'.u~,Statl:..Qi.Tllxas, P. O. DRAWER 2021, SAN ANTONIO, TEXAS TEXAS hereinafter called the Contractor, and.C.ALHQllN,.C.O,UN.T.Yla.cting.herein..and.through .~.t~__g.()~;tl,~~~A()n..~.~ !L~.~~~~.... __. nn nuu.".___. u.. un.. ._____,u...,herei nafter called the Owner, WITNESSETH, that the Contractor and the Owner for the considerations hereinafter named agree as follows: Article 1. Scope of the Work-The Contractor shall furnish all of the materials and per- form all of the work shown on the Drawings and described in the Specifications entitled JAIL EQUIPMENT for CALHOUN COUNTY COURT HOUS~ lot JAIL BLDG. Port L<lvaca, Texas ...".......,..........................u......u.....,....,......,___....u...........,'... ......n......'..n....nunn___.u...n.....__.n.u.___. (Here insert the capt.ion descriptive of the work u..I used on the Drawini'.' and in the other Co~tnlct Documenta) prepared by ..........RV.~.'J;AXn~..MARJ:lN....ARClUT!:;.GT.s".HQUB.to~.,.Texas.....'un.u acting as and in these Contract Documents entitled the Architect;. and shall do every- thing required by this Agreement, the General Conditions of the Contract, the Speci- fications and the Drawings. Agreement Between Contractor and' Owner. Sixth Edition - Five Pages - Page 1. . I I I t>.. I :--- t>.. ...., " ., 3 t>.. ... I .., -</8'd"- A 1./5 I I Article 2. Time of Completion- The work to be performed under this Contract shall be commenced as soon as roof is on and building closed in ..---------------------.-...---.---..----..---.-----.-.----------.-.-.-------.--------..----..---.----...-...._..._-_.-._._..._..~... and shall be substantially completed....!P.-..~~~~!Y..<?gl.~.C?~~~~g__~~y..~..~_~~E~.~~~E.........._ (Here inH~ atipumtion as tQ Uquidac.ed damaa.. U any.) LIQUIDA TED DAMAGES: For each calendar day that the work remains uncompleted after the expiration or consumption of the number of working days above stipulated, the County shall be entitled to deduct from any compensation due the undersigned, and the undersigned binds and obligates himself or itself to pay to the County, as liquidated damages, the sum of $100. 00 for each such calendar day. I Article 3. The Contract Sum-The Owner shall pay the Contractor for the performance of the Contract, subject to additions and deductions provided therein, in current funds as follows: .Q~T.Y-EIGHT THOOSAND NINE HUNDRED SEVENTY-FIVE & is;;..~--h;~--ib;.i~;.~-;~_.~~~-~~--~~-i~.-;ri~~:-_;;-~tb:.;;. --d;;i~- -i-~-j~di~i~i~;j-~.-i .............h.....n_..._ NO/loa DOLLARs ($68,975.00). I Where th~ qu~ntities originally contemplated are so changed that application of the agreed UnIt pnce to the quantity of work performed is shown to create a hardship to the Owner or the Contractor, there shall be an equitable adjustment of the Contract to prevent such hardship. Agreement Between Contractor and Owner. Sixth Edition - Five Pages _ Page 2. I $~ --- ~ /(ffP- A )Ie" I Article 4. Progress Payments-The Owner shall make payments on account of the Contract as provided therein, as follows: On or about the.Y~,~~~J~,~L_________..__day of each month.~?~::Y.~.??L~..__..___.___.__per cent of the value, based on the Contract prices of labor and materials incorporated in the work d f . I . bl d h'. h '''f ' h' First (lst) d f h an 0 materIa s sUlta y store at t e sIte t ereo up to t e__.____..:..____.__..__..__.."'. ay 0 t at month, as estimated by the Architect, less the aggregate of previous. paymynts; and upon' substanti.al completion of the entire work, a sum sufficient to increase the total payments to,____7..~::-!__.__ per cent of the Contract price ____:...:..:__.:.....___...:...__.__...__.__..__..__...:__..________.___.--.... (Insert h('~ nny Vl"Qvision made fO,r limitin~ or rcdueinR' the amount retainm after the work reaches tL certo.in .tage ot completion.) I Article 5. Acceptance and Final Payment-Final payment shall be due.~~~~.~..~~.~)days after suhstantial completion of the work provided the work be then fully completed and the contract fully performed. Upon receipt of written notice that the work is ready for final in~pection ~nd acceptance, the Architect shall prornptly make s.uch inspection,' and whei'l he finds the work accept- able under the Contract and the Contract fully performedh~ shall promptly issue a final certificate, over his own signature, stating that the work provided forin this Contract has been completed and is accepted by him under the terms and conditions thereof, and that the entire balance found to be due the Contractor, and noted in said final certificate, is due and payable, Before issuance of final certificate the Contractor shall submit evidence satisfactory to the Architect that all payrolls, material bills, and other indebtedness connected with the work have been paid. If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Architect so certifies, the Owner shall, upon certificate of the Architect, and without terminating the Contract, make pay- ment of the balance due for that portion of the work fully completed and accepted. , ' Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. '\ ' I I. Agreement Between Contractor and OWner. Sixth Edition - Five Pages - Page 3. -= I ~ ""'I ~gY-A "17 I I Article 6. The Contract Documents-The General Conditions of the Contract, the Spec- ifications and the Drawings, together with this Agreement, form the Contract, and they are as fully a part of the Contract as if hereto attached or herein repeated. The follow- ing is an enumeration of the Specifications and Drawings: PLANS: Sheets JE-l, JE-2/ JE-3 and JE-4 dated 8/2.3/57. SPECIFICA TIONS: Sections 1 through 48 inHusive, Addendum #1 dated 10/8/57; and including Instructions to Bidders, Form of Proposal, and Supplemental General Conditions. Agreement Between Contractor and Owncl. Sixth Edition - Five Pa9:es - Page 4. I IN WITNESS WHEREOF the parties hereto have executed this Agreement, the day and year first above written. SOU'fRRRll S1'EElL COt1PANY CALHOUN COUNTY. TEXAS ;; .. . - :. , i . ~ :. r ' 1.:. ( !: : I' ~ t ~.. \ .. ,. ) ~ ,. . 1'0'," B C~~~~ I ,,'1",., -,' ATTEST: COUNTY CLERK'S CERTIFICATE , '. :1 certify that u!e 'COZiSBiOWB Court approved thiB contract and the attached ,!Jond on4?~.....;fi'n ~ ~- , 1957. , ~ Y,,, ..../ "\' .," ,',' .... ...... ,.' C:J' , ~ ~:~ :,.,;~: I :"~ I I " Agreeine.Dt,Betw~eD Contractor and Owner. Sixth Ellition - Five Pages - Page 5.. APP OVED AND/OR CERTIFIED ay/ ounty Auditor '. \1.....__ r- , /!~?~ 4 ,,/p N <: :::- - ~ - , :>- ,. , -~ ~;; , " ,x ..: l o TITLE PAGE TITLE AND LOCATION OF THE WORK.: NAME AND ADDRESS OF THE OWNER: NAME AND ADDRESS OF THE AR<;::RITECT: TITLES OF DOCUMENTS BOUND HEREWITH AND ENUMERATION OF DRAWINGS: , .. - , ~ General Conditions Sixth Edition-Cover , -_3- ..... f I' ;Y 1/ .:. () , I I I ( ?> I ~..... l<l" ~?> ~""l -0 . 8 . "" -, - " ,~ ~ I I ~ s;; ~~ o~ "-0- I ~~ ~=- ~ I I I /" ~ THE GENERAL CONDITIONS OF THE CONTRACT FOR THE CONSTRUCTION OF BUILDINGS Standard Form of The American Institute of Architects THB STAliDAID FOaM OF GBNDAL anlOmOWB. aam EDlnall, BAS IJlCBlVBD TUB APnovAL OP TIll: &.8)CUDD GB.NKU.L CO'NTI.AC'J'OI! 'OF AMWCA; TBB CONTIAcrDlQ PLABrltI..ItU' INTBI.NAnONAL A.8SOCIA.nON j TaB lIA'l'WWn BUlLDIWG GlAN'rrB QUARRIES A8!OClAnoN, [He.; TBB NATIONAL B.LaC'I'1I~ CONTI.A~ ASSOClATIDlI; TBJ: PAUlTING AND DBCORATINO CONTB.A.C'I'OU (g AMBl.ICA, AND TUB PJ.ODUCBU' OOUHCIL, Ole. SIXTH EDITION, COPYRIGHT 1915 - 1918 - 1925 - 1937 - 1951 BY THE AMERICAN fNSTITUTE OF ARCHITECTS, W'\SHtNGTON, D. C. REPRonUCI10N OF TIfE MATERIAL HEREIN OR SUn$TANTU.L OUOTATION OF ITS PROVISIONS WiTHOUT PERMISSION OF THE AMERICAN ISSTITUTE OF ARCHITECTS VIOLATES The COPYRIGUT LAWS OF TUB UNITED STATES AND WtLl. DE SUBJECT TO LEGAL PROSECUTION, INDEX TO THE ARTICLES OF THE GENERAL CONDITIONS 23. Contractor', Right to Stop "'ork or Terminate Contract. 24. Application for P:l)'mellts. 25. Certificates nf Payments. 26. Payments Withheid. 27. Contractor's Liability Insurance. 28. Owner's Liability Insurance. 29. Fire Insurance. 30. Guaranry Bonds. 31. Damages. 32. Liens. 33. Assignment. 34-. Mutunl Responsibility of Contractors. 35. Separate Contracts. 36. Subcontracts. 37. Relations of Contractor and Subcontractor. 38. Architect's Status. 39. Architect's Decisions. 40. Arbitration. 41. Cash Allowances. 42. Use of Premises. 43. Cutting, Patching and Digging. 44. Cleaning Up. 1. Definitions. 2. Execution, Correlation and 11ltem of Documents. 3. Detail Drawillgs and Instructiolls. 4. Copies Furnished. 5. Shop Drawings. 6. Drawings and Specifications on the Work. 7. Ownership of Drawings and Models. 8. Snmples. 9. Materials, Appli..nces, Employees. 10. Royalties and Patents. 11. Surveys, Permits and Regulations. 12. Protection cf \Vork ..nd Property. 13. Inspection of \Vork. 14. Superintendence: Supervision. 15. Changes in the Work. 16. Claims for Extra Cost.. 17. Deductions for Uncorrected Work. 18. Delays and Extension of Time. 19. Correction of Work Before Final Payment. 20. Correction of Work After Final Payment. 21. Owner', Right to do \Vork. 22. Owner's Right to Terminate Contract. Art. 1 Definitions. (a) The Contract Documents consist of the Agreement, the Gen"ral Conditions of the Contract, the Drawings and Specifications, including all modifications thereof incorporated in the documents before their execution. These form the Contract. (b) The Owner, the Contractor and the Architect are those mentioned as such in the Agreement. They are treated throughout the Contract Documents as if each were of the singular number and masculine gender, . (c) The term Subcontracto~. as employed herein, includes only those having a direct con- tract with the Contractor and it includes one who furnishes material worked to a special design according to the plans Or specifications of this work, but does not in- clude one who merely furnishes material not so worked. (d) Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. (e) The term "work" of the Contractor or Subcontractor includes labor or materials or both. (I) All time limits stated in the Contract Documents are of the essence'of the Contract. (g) The law of the place of building shall govern the construction of this Contract, Art. 2. Execution, Correlation and Intent of Documents.- The Contract Documents. shall be signed in duplicate by the Owner and the Contractor. I n case the Owner and the Contractor fail to sign the General Conditions, Drawings or Specifications, the Architect shall identify them. FORM A2 General Conditions. Sixth Edition Ten Pages-Page 1. 'I f/rY ~ A- l' '1 ( [:P ~.... :>:I' ~[:P ':""':1 -0 ,~ Es ~ ... r"'" ,if ~ g- -/J- ::J d , The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. The intention of the documents is to include all labor and materials, equipment and transportation necessary for the proper executio"n of the work. It is not intended, however, that materials or ,york not covered by Or properly inferable from any he:J.ding, branch, class or trade of the specifications shall be supplied unless distinctly so noted 'on the drawings. ;VIaterials or work described in woros which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. Art. 3. Detail Drawings and Instructions,- The Architect shall furnish with reasonable pronipt- ness, additional instructions, by means of drawings or otherwise, necessary for the proper execution' of the work. All such drawings and instructions shall be consistent with the Contract Documents, true developments thereof, and reason'ably inferable therefrom. ' The work shall be executed in conformity therewith and the Contractor shall do no work without proper drawings and instructions. ' oj The Contractor and the Architect, if either so requests, shall jointly prepare a schedule, subject to change from time to time in accordance with the progress of the work, fixing the dates at which the' various detail drawings will be required, and the Architect shall furnish them in accordance with that schedule. Under like conditions, a schedule shall be prepared, fixing the dates for the submission of shop drawings, for the beginning of manufacture 'and ;nstallation of materials and for the com- pletion of the v~rious parts of the work. An 4-GepiesJ\umisbed:;~~e~~pr-Owd~lKlt n81H1R.eRt':[l tI~-_ _\.':R:teet will fllrni...h to. .t.b_.c.nn.t~C~b- ...&. .cJ....o::g..; ...11 ""p;A~ n&. .1....u.r.inw ...-.:1 ...pB,.:h,.....;_~A .........".....J..I}. lA__...J) neC:I'<;:<::'1J::Y fnr th,. p,prlltinn nf thp :wnrJ....- fJ:JIUJ 1<....., Art. 5. Shop Drawings,- The Contractor shall submit with such promptness as to cause no delay in his own work or in that of. any other Contractor, two copies of all shop or setting drawings a~d schedules required for the work of the various trades, and the Architect shall pass upon them with reasonable promptness, making desired corrections,. inclucing all necessary corrections relating to artistic effect, The Contractor shall make any corrections required by the Architect, file with him t\\'o corrected copies and furnish such other copies as may be needed. The Architect's approval of such drawings or schedules shall not relieve the Contractor from respol)sibility for deviations from drawings or specifications) unless he has in \vriting called the Architect's attention to such deviations at the time of submission, nor shall it telieve him from responsibility for errors of any sort in shop drawings or schedules, Art. 6. Drawings and Specifications on the Work. -The Contractor shall keep 'one copy of all draw- ings and specifications on the work, in good order, available to the Architect and to his repre- sentatives. ' Art 7. Ownership of Drawings and Models.-All drawings, specifications and copies thereof furnished by the Architect are his property. They are not to be used on other work and; ,with the exception of the signed Contract set, are to be returned to him on request, at the completion of the work. All models are the property of the Owner. Art. 8. Samples.- The Contractor shall furnish for approval all samples as directed. The work shall be in accordance with' approved samples.> . , Art. 9. Materials, Appliances, Employees.-Unless otherwise stipulated, the Contractor shall pro- vide and pay for all materials, labor, water, tools, equipment, light, -power, transportation and other facilities necessary for the execution and completion of the work. ' , Unless otherwise specified, all 'materials shall be new and both workmanship and materials shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. " The Contractor shall at all times enforce strict discipline and good order among his employees, and shall not employ on the work any unfit person or anyone not sk,iIIed in the work aSsigned to him. Art. 10 Royalties and Patents.~The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any 'patent rights and shall save the Owner hatmless from loss on account thereof, except that the Owner shall be responsible for all such loss when a particular process or the product of a particulat manufacturer or manufacturers is specified, but General Conditions. Sixth Edition-Ten Pages-Page 2. =""..- I , I c' I I I ... /.f~~/ II SI I I If the Contractor has information that the process or article specified is an infringement of a patent he shall be responsible for such loss unless he promptly gives such information to the Architect or Owner. Art. 11. Surveys, Permits and Regulations.- The Owner shall furnish all surveys unless otherwise specified. Permits and lice!lses of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor. Permits, licenses and easements for permanent struc- tures Or permanent changes in existing facilities shall be secured and paid for by the Owner, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Architect in writing, and any necessary changes shall be adjusted 'as provided in the Contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Architect, he shall bear all costs arising therefrom. Art. 12 Protection of Work and Property.- The Contractor shall continuously maintain adequate protection of all his work from damage and shall protect the Owner's property from injury or loss arising in c0nnection with this Contract. He shall make good any such damage, injury or loss, except such as may be directly due to errOrs in the Contract Documents or caused by agents or emplorees of the Owner. He shall adequately protect adjacent property as provided by law and the Contract Documents. The Contractor shall take all necessary precautions for the safety of employees on the work, and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building code:.> to prevent accidents Or injury to persons on) about Or adjacent to the premises where the work is being performed. He shall erect and properly maintain at all times, as required by the conditions and progress of- the work, all necessary safeguards for the protection of workmen and the public and shall post danger ;igns warning againsr the hazards created by such features of construction as protruding nailsl hod hoists, well holes, elevator hatchways, scaffolding) window openings, stairways and falling materials; and he shall designate a responsible member of his organi- zation on the work, whose duty shall be the prevention of accidents. The name and position of the person so designated shall be reported to the Architect b)' the Contractor. In an emergency affecting the safety of life or of the work Or of adjoining property, the Con- tractor, without special instruction or authorization from the Architect Or Owner, is hereby per- mitted to act, at his discretion, to prevent such threatened loss or injury, and he shall So act, without appeal, if so instructed or authorized. Any compensation, claimed by the Contractor on account of, emergenc)' work, shall be determined 91' agreement or Arbitration. Art. 13. Inspection of Work.- The Architect and his representatives shall at all times have access to the work wh"ever it is in preparation or progress and the Contractor shall provide proper iaciHties for such access and for inspection. If the specifications, the Architect's instructions, laws, ordinances or any public, authority require an)' work to be specially tested Or approved, the Contractor shall give the Architect timely notice of its readiness for inspection, and if the inspection is by another authority than the Architect, of the date fiXed for such inspection. Inspections by the Architect shall be' promptly made, and where practicable at the source of supply. If any work should be covered up without approval or consent of the Architect, it must, if required by the Architect, be uncovered for examination at the Contractor's expense. . Re-examination of questioned work may be ordered by the Architect and if so ordered the work must be uncol'ered by the Contractor, If such work be found in accordance 'with the Contract Documeilts the Owner shall pay the cost of re-examination and replacement,. If such work be found not in accordance with the Contract Documents the Contractor shall pay such cost, unless he shall ,how that the defect in the work was caused by another Contractor, and in that event the Owner shall pay such cost. Art. 14. Superintendence: Supervision.-The Contractor shall keep on his work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the Architect. The superintendent shall not be changed except with the consent of the Architect, unless the super- intendent prOl'es to be unsatisfactory to the Contractor and ceases to .be in his employ. The I I General Conditions. Sixth Edition-Ten Pages-Page 3. I :::-, , .sf' - .... .... ~~~_ /} :F,2, superintendent shall represent the Contractor in his absence arid all' directions given to him shall be ~s binding as if given to the Contractor. Important directions shall be confirmed in writing to the Contractor. Other directions shall be so confirmed on written request in each case. The Contractor shall' give efficient supervision to the work, using his best skill ,and attention. He shall carefully study and compare all drawings, specifications and other instructions and shall at once report to the Architect any error, inconsistency or omission which he may discover, but he shall not be held responsible for their existence or discovery, Art. 15. Changes in the Work.- The Owner, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract Sum being 0 adjusted accordingly, All such work shall be executed under the conditions of t!te original contract except that any claim for extension of time caused thereby s~~ll be adjusted at the time of ordering such change. :~', . .~ ;-. In giving instructions, the Archil,,,t sliall have authority to make minor changes in the work, not involving'extra cost, and not inconsistent with the purposes of the building, but otherwise, except in an emergency endangering life or property, no extra work or change 'shall be made unless in pursuance of a written order from the Owner signed Or countersigned by the Architect, or a written order from the Architect stating that the Owner has authorized the ~xtra work or change, and no claim for an addition to the contract sum shall be valid unless so ordered. ' The value of any such extra work or change shall be determined in one Or mare of"the following ways: o (a) By estimate and acceptance in a lump sum. (b) By unit prices named in the contract Or subsequently,.agreed upon. (c) By cost and perr.enrage or by COSt and a fixed fee. If none of the above methods is agreed upon, the Contractor, provided he receives an order aso above, shall proceed with the work, In such jOase and also under case (c), 'he shall keep 'and' present in such form as the Architect may direct, a correct account of the cost, together with vouchers.' In any case, the Architect shall certify to the amount, including reasonable allowance for overhead and profit, due to the Contractor. Pending final determination of value, payments on account of changes shall be made on the Architect's certificate. ' Should conditions encountered below the ,surface of the ground be at variance with the con- ditions indicated by the drawings and specifications. the contract sum shall be equitably adjusted upon claim by either party made within a reasonable time after the first observance of the conditions. ,Art. 16. Claims for Extra Coat.-If the Contractor claims that, any instructions by drawings or otherwise involve extra cost under this contract, he shall give the Architect writtefl notice tbereof within a reasonable time after the receipt of'such instructions" and in aflY event before proceeding' to execute the work, except in emergency endangering life or property" and the procedure shall then be as provided for changes in the work. No such claim shall be valid unless so made. ' Art. 17. Deductions for Uncorrected Work.-If the Architect and Owner deem it inexpedient to correct work injured or done not in accordance with the Contract, an equitable deduction from the contract price shall be made therefor. ' . 19 . >>8183"8 8IltI ER1!D8isB 01 'Rme. If th~ ~~.ll_.t..:L_ b.l!. J_b) tJ _l _oOJ l:~..... :1. t1.{. p~vgr~ o rk by any act or neglect of the Owner or the Architect, or of ,any employee of either, or by any separa tractor employed by the Owner, or by changes ordered , in the work, or by strike<!, lockouts, fire, un delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or ay authorized by'the Architect pe,nding arbitration, or ,by any cause, which the Architect shall deci e . stify th~ delay, then the'time of completion shall be extended for such reasonable time as the Arch.t decide. No such extension shall be made for delay ing more than seven days before claim therefor is made in writing to the Architect. In the ,case 0 tinuing cause of delay, only one claim is necessa ry. If no schedule or, agreement stating the dates upon which dra hall be .fu;nished is made, then no claim for delay shall be allowed on account of failure to furn,ish' until nvo weeks after demand for such drawings and not then unless 'such claim be reasonable. This article does not exclude the recovery of damages for delay by either ~er ~W R. General Conditions. Sizth Edition,-Ten Pages-Page 4. l I .1 I ,. .J I /' I C1 I ""'III 1/ 8"y ~ t9 fr3 I I Art. 19 Correction of Work Before Final Payment.-The Contractor shall promptly remove from the premises all work condemned by the Architect as failing to conform to the Contract, whether incorporated or not, and the Contractor shall promptly replace and re.execute his Own work in ac- cordance with the Contract and without expense to the Owner and shall bear the expense of m.~!si!,g good all work of other contractors destroyed or damaged by such removal or replacement. . If the Contractor does not remove such condemned work within a reasonable time, fixed by written notice, the Owner may remove it and may store the material at the expense of the Con- tractor, If the Contractor doeS not pay the expenses of such removal within ten days' time there- after, the Oll..ner may, upon ten daysl wriecn notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and expenses that should have been borne by the Contractor. Art. 20. Correction of Work After Final Payment.-Neither the final certificate nor payment nor any provision in the Contract Documents shall relieve the Contractor of responsibility for faulty materials or workmanship and, unless otherwise specified, he shall remedy any defects due thereto. and pay .for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of substantial completion. The Owner shan give notice of observed defects with reasonable promPtness. An questions arising under this article shan be decided by the Archi- tect subject to arbitration. Art. 21. The Owner's Right to Do Work.-If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this contract, the Owner, after three days' written notice to the Contractor may, without prejudice to any other remedy he may have, make good such de- ficiencies and may deduct the COSt thereof from the payment then or thereafter due the Contractor, provided, however, that the Architect shan approve both such action and the amount charged to the Contractor. Art. 22. Owner's Right to Terminate Contract.-If the Contractor should be adjudged a bank- rupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently Or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skined work- men or proper materials, or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Architect, or otherwise be guilty of a substantial violation of any provision of the contract, then the Owner, upon the certificate of the Architect that sufficient Cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor seven days' written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method he, may deem expedient. In such case the Contractor shan not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shan exceed the expense of finishing the work including compensation for additional managemental and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. The expense incurred by the Owner as herein'provided, and the damage incurred through the Contractor's default, shall be certified by the Atchitect. Art. 23 Contractor's Right to Stop Work or TermiDate Contract.-If the work should be stopped under an order of any court, or other public authority, for a period of three months, through no act Or fault of the Contractor or of anyone employed by him, or if the Architect should fail to issue any certificate for payment within seven days after it is due, or if the Owner should fail' to pay to the Contractor within seven days of its maturity and presentation, any sum certified by the Architect or awarded by arbitrators, then the Contractor may. upon seven days' written notice to the Owner and the Architect, stop work Or terminate this contract and recover from the Owner payment for all work executed and any loss sustained upon any plant or materials and reasonable profit and damages. Art. 24. Applications for Payments.- The Contractor shall submit to the Architect an application for each payment, and. if required, receipts or other vouchers, showing his payments for materials and labor, including Dayments to subcontractors as required by Article 37. If phyments are made On valuation of work done, such application shall be submitted at least ten days before each payment falls due, and, if required, the Contractor shall,before the first application, submit to the Architect a schedule of values of the various parts of the work, including quantities, aggregating the total sum of the contract, divided so as to facilitate payments to sub- General Conditions. Sixth Edition-Ten Pagea-Page s. I I I (..r.......... ", ( , ... ~ ~ ~ g A:) fj contractors in accordance with Article 37 (e), made out in such form as the Architect anil the Con- tractor may agree upon, and, if required, supported by such evi~e~ce as to its correctness, as the Architect may direct. This schedule, when approved by the Architect, shall be used as a basis for certificates of payment, unless it be found to be in error. In applying for payments, the Con- tractor shall submit a statement based upon this schedule, and, if required, itemized in such form and supported by such evidence as the Architect may direct, showing his right to the payment claimed. ' 'If payments are made on account of materials delivered and suitably stored at the site but ~ot ipcorporated in the work, they shall, if required by the Architect, be conditional upon submission by the Contractor of bills.of sale or such other procedure as will establish the Owner's:' title to such material or otherwise adequately protect the Owner's interest. ' Art. 25. Certificates of Payments.~ if the Contractor, has made application as above, the Architect shall, not Jater than the date when each payment f~lIs due, issue to the Contractor a certificate for such amount as he deciqes to be pr,!perly due, or state in writing his reas'ons for withholding a cer- tificate. No certificate issued nor payment, mad~ to the (:ontractor, nor partial Or entire u~e or occupancy of the work by the Owner, shall be an acceptance of any work oromaterials not in accotdancewith this contract. The making and' accep:ance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens; frrim faulty work appearing after final payment or from requirement of the specifications, and of,a11 claims by the Contractor; except those previously made and still unsettled, ., , Should the Owner fail to pay the sum named in any certificate of the Architect or in any award 'by arbitration, upon demand when due, the Contractor shall receive, in addition to the sum named in the cettificate, interest 'thereon at the legal rate in force at the place of building. Art. 26. Payments Withheld.- The Architect may withhold or, on account of subsequently dis- covered evidence, nullify the whole or a part of any certificate to "such extent as may be necessary to protect the Owner from loss on account of: . (a) Defective 'work not remedied. (b) Claims fild or reasonable evidence indicating probalile filing of claims. (c) Failure of the Contractor to make payments properly to subcontractors or for material or labor, (d) Areasomible doubt that the contract can be completed for the balance then unpaid. ' (e) Damage to another Contractor. . , . , , When the above grounds are removed payment shall be made fo~ amounts withheld because of tbel)'l. / from claims under workmen's compensation acts 'and' from claims for damages because of including deatb, which may arise from and during. operations under this Contract, whether suc erations be by himself or by any subcontractor or anyone directly or indirectly em- ployed by either 0 ~m. This insurance shall be written .fornot less than any limits of liability specified as part of !?is'~act. This insurance need not cover any'liability impoSed, by Article, 31 of these General Conditions, tificates of such insurance. shall, be filed ,with the Owner if he so re- quires. '.' ,. , . Art. 28. Owner's Liability Insurance. e Owner shall be responsible, for and at' his option. may maintain such insurance a~ will protect him his contingent liability to otryers for damages be- cause of bodily injury, including death, which ma 'se from operations under this contract, and any other liability for dartlages which the Contractor is req' to insure under any provisio"1 of this contract. Art. 29. Fire Insurance.- The Owner shall effect and maintain' structure on which the work of this contract is to be done to one hUDdr ercent of the insurable value tbereof, including items of labor and materials connected therewith w er in or adjacent to the structure insured, materials in place or to be used as '-part 'of the perm t construction ~ including surplus materials. shanties, protective fences, bridges, or temporary" struct miscel- laneous .materials and supplies incjdent to the work, ~nd: such scaffoldi~'gs, st~ginJ?S'. towers, . rms, "'" a ,~ . General Conditions. Sirlh. Editi.on-Ten Pages-Page 6. / It.. r:..:>} ~"~ ~,..,.., I I ~ I I I ., ~e~' A ~f:) I I an ools, equipment, scaffolding, staging, towers, and forms owned Or rented by the Contractor, the ca ' al value of which is not included in the cost of the work, or any cook shanties, bunk: houses or other ctures erected for housing the workmen. The loss, if any, is to be made adjustable with and pay e to the Owner as Trustee for the insureds as their interests may appear, except in such cases as ma equire payment of all or a proportion of said insurance to be made to a mortgagee as his interests may a ar. . The Contractor an I subcontractors shall be named or designated in such capacity as insured jointly with the Owner in I policies, all of which shall be open to the Contractor's inspection. Certificates of such insurance s be filed with the Contractor if he so requires. If the Owner fails to effect or maintain insurance as a ve and so notifies the Contractor, the Contractor may insure his own interest and that of the subcontr rs and charge the cost thereof to the Owner. If the Con- tractor is damaged by failure of the Own to 1Il- otain such insurance or to so notify the Contrac- tor, he may recover as stipulated in the contr recovery of damages. If extended coverage or other special insurance not herein provided far is guired by the Contractor, the Owner shall effect such insurance at the Contractor's expense by appro .ate riders to his fire insurance policy, If required in writing by any party in interest, the 'ner as Trustee shall, upon the occurrence of loss, give bond for the proper performance of his duties. , He shall deposit any money received from insurance in an account separate from all his other funds d he shall distribute it in accord- ance with such agreement as the parties in interest may reach, 0 nder an award of arbitrators appointed, one by 'he Owner, another by joint action of the other pa' in interest, all other pro- cedure being as provided elsewhere in the contracts for Arbitration. If er loss no special agree-. ment is made, replacement of injured ".ork shall oe ordered and executed as vide for changes in the work. The Trustees shall have power to ~djust and settle any loss -with the insurers un one of the Contractors interested shan object in writing within three working days of the occurre and thereupon arbitrators shall be chosen as above. The Trustee shall in that case ma iii ~ent w~th the in~urers in accor~ance with the directions of such arbitrators, who shall vJ ,,..,, I I Art. 30. Guaranty Bonds.- The Owner shall have the right, prior to the signing of the Contract, to require the Contractor to furnish bond covering the faithful perfor!"ance of the Contract and the payment of all obligations arising thereunder, in such form as the Owner may prescribe and with such sureties as he may approve, If such bond is required by instructions given previous to the sub- mission of bids, the premium shall be paid by the Contractor; if subsequent thereto, it shall be paid by the Owner. Art. 31. Damages.-If either party to this Contract should suffer damage in any manner because of any wrongful act or neglect of the other party or of anyone employed by him, then he shall be reimbursed by the other party for such damage, provided, the Owner shall be responsible for and at his option insure against loss of use of any of his existing property, due to fire or otherwise, how, ever caused. _ Claims under this clause shall be made in writing to the party liable within a reasonable time of the first observance of such damage and not later than the time of final payment, except as expressly stipulated otherwise in the case of faulty work or materials, and shall be adjusted by agreement or arbitration. The Contractor is relieved of responsibility for damages to the work due to causes beyond the control of and without fault or negligence of the Contractor. Art. 32. Liens.-Neither the final payment nor any part of the retained' percentage shall become due until the Contractor, if required, shall deliver to the Owner a complete release of all liens arising out of this Contract, Or receipts in full in lieu thereof and, if required in either case, an affidavit that so far as he has knowledge Or information the releases and receipts include all the labor and materi~1 for which a lien could be filed; but the Contractor ma)', jf an)' subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the Owner, to inderrinify him against any' lien. If an)' lien remain unsatisfied after all payments are made, the Contractor shall refund to the Owner all moneys that the latter may be compelled to pa)' in discharging such a lien, including all costs and a reasonable attorney's fee, . Art. 33. Assignment. Neither party to the Contract shall assign the Contract or sublet it as a General Conditions, Sizth Edition.-Ten pagea-Page 7. I ,~ 'j...:.......... ----- r- L/frg. A 0(, whole without the written consent of the other, nor shall the 'Contractor assign any moneys due or to become due to him hereunder, without the previous written consent of the Owner. . Art. 34. Mutual Responsibility of Contractors.-Should thee Contractor cause damage to any 0 separate contractor on the work the Contractor agrees, upon due notice, to settle with such con- tractor by agreement or arbitration, if he will so settle. If such separate contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor, who shall defend such proceedings at the Owner's expense and, if any judgment against the Owner arise therefrom, the Contractor shall payor satisfy it and pay all costs incurred by the Owner. , 1\ Art. 35. Separate Contracts.- The Owner reserves the,' right to let other contracts in" connection with .this work, The Contractor shall afford other contractors reasonable opportUnity for ~he intro- duction and storage of their materials and the execution of their work" and shall properly connect and coordinate his work with theirs. . If any part of the Contractor's work depends for proper' ~xecution or -results upon the work of any other contractor, the Contractor shall inspect and promptly. report to the Architect' any, ' defects in such work that render it unsuitable for such proper execution. and results,' 'His failure so to inspect and report shall' constitute an acceptance of the other contractor's work ,as fit and proper for the reception of his work, except as to defects which may develop in the other contractor's work after the execution of his work. ' ". '., To insure the proper execution of his subsequent work the Contractor shall measure work " already in place and shall at once report to the Archite~t any' discrepancy between the executed " work and the drawings. . Art. 36. Subcontracts.-The Contractor shall,' as soon as ,practicable, after'. the ex~c~tion ~f 'the contract, notifv the Architect in writing of the names of subcontractors proposed for the principal parts of the w~rk and for such others as the Architect may direct an(!, shall not employ any that the Architect may within a reasonable time object to as incompetent or unfit. ", " , If the Contractor has submitted before execution of the contract a list of subcontractors and the change of any name on such list is required in writing by the 'Owner after such execution, the contract price shall be increased or diminished by the difference in cost occasioned by-such change;'.. The Architect shall, on request, furnish to any subcontractor, wherever practicable, evidence of ' the amounts certified on his ~ccount. " .' ',' The Contractor agrees that he is as fully responsible to the ,q,wner for the ac.ts "and omissions of his subcontractors and of persons either directly or indirectly employed by ,them, .ashe is for theo C acts and omissions of person. directly employed by him. : . Nothing contained in the contract documents shall create, any .'conmictual reiation between 'any, subcontractor and the Owner. Art. 37. Relatians of Contractor and Subcontractor.-The Contractor agrees to binCi, eve,y,Sub- contractor and every Subcontractor agrees to be bound by the terms of' the Agreement, the .General Conditions, the Drawings and Specifications as' far as applicable.to his work, including the follow- ing provisions.of this article, unless specifically noted to the contrary in a'subcontract approved in writing as adequate by the Owner or Architect. This does not apply to minor subcontracts. The Subcontractor agrees- " , (a) To be bound to the Contractor by the terms of the Agreement, General C"ndiiions, Draw- ings and Specifications, and to assume toward him all the obligations and responsibilitie~ that he, bv those documents, assumes toward the Owner. .. .' ..; 0 . (b) To submit to the Contractor applications for payment in such reasonable time as to eitable the Contractor to, apply for payment under Article 24 of the General Conditions. ' (c) To make r,ll claims for extras, for exterisions of time and 'for damages for delays or .other-' wise to the Contract"r in the manner provided in the General Conditions for like Claims by the Con;ractor upon the Owner, except that the time for makinJ:' claims for extra' c,?st is one 'week. The Contractor al:rees- '; . .... (d) To be bound 'to the Subcontractor by ,!ll the obligations' that the Owner assumes to the Contractor under the Agreement, General Conditions, Drawings and SpecificatiOltSj and by all tile' provisions thereof affording remedies and redress to the Contractor from the Owner. General Conditions. Sixth Edition-Ten Pagea--page 8. " I I I I .~1 . ~, I *8"8"'- 17 .j-7 .., .. I I (e) To pay the Subcontractor, upon the paYlnent of certificates, if issued under the schedule of values described in Article 24- of the General Conditions, the amount allowed to the Contractor on account of the Subcontractor's work to the extent of the Subcontractor's interest therein. (f) To pay the Subcontractor, upon the payment of certificates, if issued otherwise than as in (e), so that at all times his total payments shall be as large in proportion to the value of the worle done by him as the total amount certified to the Contractor is to the value of the worle done by him. (g) To pay the Subcontractor to such extent as may be provided by the Contract Documents or the subcontract, if either of these provides for earlier or larger payments than the above. (h) To pay the Subcontractor on demand for his work or materials as far as executed and fixed in place, less the retained percentage, at the time the certificate should issue, even though the Architect fails to issue it for any cause not the fault of the Subcontractor. (j) To pay the Subcontractor a just share ol any fire lDsurance money received by him, the Contractor, under Article 29 of the General Conditions. (k) To make no demand for liquidated damages Or penalty for delay m any sum in excess of such amount as may be specifically named in the subcontract. (I) That no claim for services rendered or materials furnished by the Contractor to the Sub- contractor shall be valid unless written notice thereof is given by the Contractor to the Subcontractor during the first ten days of the calendar month following that in which the claim originated. (m) To give the Subcontractor an opportunity to be present and to submit evidence in any arbitration involving his rights. (n) Tc name as arbitrator under arbitration proceedings as provided in the General Conditions the person nominated by the Subcontractor, if the sole cause of dispute is the work, materials, rights or responsibilities of the Subcontractor; or, if of the Subcontractor and any other subcontractor jointly, ',0 name as such arbitrator the person upon whom they agree, The Contractor and the Subcontractor agree that- (0) In the matter of arbitration, their rights and obligations and all procedure shall be analogous to those set forth in this contract. Nothing in this article shall create any obligation on the part of the Owner to ;Jay to or to see to the payment of any sums to any subcontractor. Art. 38. Architect's Status.- The Architect shall have general supervision and direction of the work. He is the agent of the Owner only to the extent provided in the Contract Documents and when in special instances he is authorized by the Owner so to act, and in such instances he shall, upon request, show the Contractor written authority, He has authority to stop the work when- ever such stoppage may be necessary to insure the proper execution of the Contract. As the Architect is, in the first instance, the interpreter of the conditions of the Contract and the judge of its performance, he shall side neither with the Owner nor with the Contractor, but shall use his powers under the contract to ef)force its fai'thful performance by'both. In case of the termination of the employment of the Architect, the Owner shall appoint a capable and, reputable Architect, against whom the Contractor makes no reasonable objection, whose status under the contract shall be that of the former Architect; any dispute in connection with such appointment to be subject to arbitration. Art. 39. Architect's Decisions. -The Architect shall, within a reasonable time, make decisions on all claims of the Owner or Contractor and on all other matters relating to the execution and progrl'SS of the work or the interpretation of the Contract Documents, The Architect's decisions, in matters relating to artistic effect, shall be final" if within' the terms of the Contract Documents. Except as above or as otherwise expressly provided in the Contract Documents, all the Archi- tect's decisions are subject to arbitration. If, however, the Architect fails to render a decision within ten days after the parties have presented their evidence, either party may then demand arbitration. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but shall not disturb Or interrupt such proceedings except where such' decision is acceptable to the parties concerned. I I General Conditions. Sixth Edition-Ten Pages-Page 9. I '.f " l' r- \ /fg r?- )- 6-9 ~' I Art~4{)."UlIA.,hih.(ltiuu.-MI ~;;:!pub::;:!, .dujlll~~mJt!i.uu... ...ub;...Gl t_ __L:l._~:~.. ...lIdb 'rJ::... ...vulaad" sh"iltl-.l1e submitted to arbitration in accordance with the provisions, then obtaining, of the Standard. Form ~bitration Procedure of The American Institute of Architects, and this agreement shall be specifically '7irto~eable under the pre,'ailing arbitration law, and judgment upon the awar9 rendered may be entered 4i~ court of the forum) state or federal, havin-;:. jurisdiction. It is mutually agreed' that the decisioii'>Qi the arbitrators shall be a condition precedent' to any right of legal action that either party may have ~st the other. ' . , The Contractor shall not 2iib..:, a delay of the work during any arbitration proceedings, except by agreement with the Owner. Notice of the demand for arbitration dispute shall be filed in writing with the Architect and the other party to the contract. If the arbl 'on is an appeal from the Architect's decision, the demand therefor shall be made within ten days 0 receipt; in any other case the demand for arbitration shaH be made within a reasonable time after ispure has arisen; in no case, .how"ever, shall the demand be made later than the time of final payment, ept ~s otherwise expressly stipu- lated in the contract. The arbitrators, if they deem that the case requires it, are author ' to award to the party whose contention is susta'ined, such sums as they or a majority of- them sha em proper to com.. pensate him for the time and expense incident to the proceeding and,if the arbitrat. vas demanded. ~ without reasonable cause, they may also. award damages for delay.' The arbitrators s x their' ..\ own compensation, unless otherwise provid.ed.- by agreement, and shall ass~ss the costs and es jJVJ , Art. 41. Cash Allowances.- The Contractor shall include in the contract sum all allo,vances' named in the Contract Documents and shall cause the work so' covered to be done by such con. tractors and for such sums as the Architect may direct, the contract sum being a"justed in conform- ity therewith. The Contractor declares that the co'ntract sum includes such sums for expenses and profit on account of cash allowances as he deems proper, No demand for expenses or profit other than those included .in the contract sum shall be allowed, The Contractor shall not be required. to employ for any such work persons against whom he has a reasonable objection. .. . Art. 42. Use of Premises.-The Contractor shall confinc his apparatus; the storage of materials and the operations of ,his .workme~l to limits indicated by Jaw," ordinances; permits ,or directions of the Architect and shall not unreasonably .encumber the premi,es with his materials, , .. The Contractor shail not load or permit any part of the structure to be loaded with a weight ,. that will endanger its safety. ' The Contractor shall enforce the Architect's instructions regarding signs, . advertisements, , fires and smoking. Art. 43. Cutting, Patching and Digging.- The Contractor shall. do all cutting, fitting or :patching of his work that may be reqaired to make its several parts come together properly and fit it to receive or be received by work of other contractors shown upon, or, reasonably implied by, the Drawings and Specifications for the completed structure, and he shan make good after them as the Architect may direct, ' Any ,cost caused by defective 'or ill-timed work shall be borne by the party responsible. therefor. The Contractor shall not endanger any work b)' cutting, digging or otherwise, and shall not cut or alter the work 0'1 any other contractor save with ~he consent of the Arc~itect. " Art. 44. Cleaning Up.- The Contractor shall at all times keep the premises free from accumulations of waste material or rubbish c.aused by his employees or work, and at the. completion of the work he shall remoVe all his rubbish from and about the' building and all his tools, scaffolding and surplus materials and shall leave his work "broom-clean" or its equivalent, unless more exactly specified.' In case of dispute the Owner may remove the rubbish and charge the cost to the sevetal contractors as the Architect shall determine to be just. ' I I \ , \ (I ''"4> General Conditions. Sixth Edition-Ten Pages-Page 10. \... ~ I .... / ) '"""l "I ff f, II /)-1 I /LrTABU511ED lS9i ~@ythern Stee~ e@)lYn~~IJ1)M SAN ANTONIO 6. TEXAS JAIL AND PRISON EQUIPMENT ~ I 1ll:11 y"t'''<.~l'''l' \"11' J '"111'1 '"..J.., ~ ,,,,,.,, 101.."" '.~. '....h., I' nl"1I1 h,f"..J,., III lllllM ~.. ,."""., <.IoH..I r IUlll ......'..,.r......" I. .'~ll"" U-'1; ...._...lr,,,,,,, J'li1.l:l'1I0:"E I.E:I.ip. .\..11.11 ..Jnlru..11 ,.....ic..tW,II.,IN to_J'W-) POST OFFICE I>RAWI:R lOll (\OP! OF lIINU'l'ES OF SPECIAL MEETING OF SOUTHERN STEEL CQ!PANY OO\RD OF DIRECTORS Pursuant to notice dated November 4, 1957, a sp8c1al 81eet1llg of the Board ot Directors or Southern Steel Canpany \IIlI.S held at the main office of the Cnnop"ny at San Antonio, Texas, at 10 o'clock A. Y.I November 51 19571 a majority of the members of the Board being present and acting in said meetingo I Upon motion duly seconded, the following resolution was unan1Jnoualy adopted: RESOLVED, that Ho 1. Dreeke, Vice President of this C-r""Y', bel and he is hereby authorized and directed in the name and on behalf of this Company to execute formal contract with the Hon01'8b1e County Judge and Commissioners of Calhoun Count.YI Port Lavacsl TexUl tar tum1shiJIg and 1natal1 'fig the jail equipment in the new Calhaun County Courthouse aDd Jail, Port lavacal Texas, in accordance with the plana and sp8cUicatioDB therefor prepared and furnished by Ruatay & MartinI Houstonl Texas. There being no further business, ths meeting was' then adjourned. -----------~----------- I The undersigned. Secretary, of Southern Steel CM\pAflY, San Antonio, Texasl hereby certUias that the toregoing resolution was dul,y adopted on the 5th day or November, 1957, at a meeting of the Board of Directors ot said Company regularly called and dul,y constituted and at 1lhlch a quorum was present.. ;t WITNESS MY HAND AND THE SEAL OF THE CORPORATION, this the E day of Novemb,er>> 1957. .' ..Ill",/, ",,::\1.':'::.">"" 'c' '/\ ",,",0, : ..,_I \ ' " - . " ". -J =-_ . '{,;':;';,:>? \ /.1 ',\'.' '.,. ,..,." ~--)~ George P. Isbell, I , . . ' ? '89~'IiTH ANNIVERSAR:)19S7' ~ Cdl, 0 Kn It', I.,,,-'klll~ Jlld ()l'cr~li"e D('\.jn.... 0 T"..I R .. I () II I' , . , . ....I'IIII~ Jill 1"-"11 C"Jn 1 Surl PUle JIld (.r,lle \V..rl 0 \Vindo'" CUJrd! 0 Ihl',h 0 C.d! Furlli,h:ng' 0 I!IC. 0 For PClIilC'nliniC'"l. JJils JlIU ! (1 ,~ -[ I --- ... if 8'ff, ~ A (pO , " ~ '" ~ i:,r' /. '1.. ,t.t;'.;,;; ~i'~:~ ~~, ~:.:~:;:'. ': '.:~~ :~_~-:~~ __-,'I't" !' ..." I'; ~., ",.: : o k, .~ :'3 j:r::1~1' '~';'::-J ~.;..,; ,I '" , ~i,_ .l~~~J~ 1tU~I. I/'.-~ d;r / '..1n'.r.~~y;, II. ,{ ~j::-hL':", ;1.' -+:;~l'~') ~rn 'OWN€R"S PROTECTiVE IioN'I>' it" 1.-.;..,,;' 'l'-"" .",.;li '~'Z-~__!l.,'tc;..f;. " -: .." "" ~I' '.l,:-s:r~~~-_~q~.. :Oil ~:.,": e~<t~r. c.,pyrigh~ 19411 by THB Suun AJsoa.lTlOJI ar AWIlIlICA ~t7-:;.:'. \_~ywd '0'12 ~("~'I'.' l .~, ~11.1:) ~ TRII aTAWDASlD wOu..'av ~Na.'i;nm~~';'~~Bo)iDlu1pu~i .'H~'~BY ii:B A;'wh.u~'m~:'';''; n I " 0'1' .I.CHlTSCI'I UNDO LIClHU::'OF THIIVUT"I',IAUOCuTtoJri;m.AMUlCA rol>U!ll)1-00NJlIC'J1ON~WrrB rV:-b ((;J J- TUB sTANDARD roUt M ACI.IUJSNT ANDjCE..<>iDAL;CONDmONSOI"TBB COlfnAcr...:rOI.' numwlTl.uc- ~,. ri~bij."f, :nO!, _~ B,U;WIIIIGI, 1lp'B. ~.moNt_ ~~~CH1',!?1~il9.l!::,!9~!:~?~1,-!9!!!"Bt:.TII}/.,,~~C.U! ~~_~.:. .::,a)(<~, if) . ~ . ... -~ ""';' <<2~..~~~ '!~~P!'?~.!l',~;.,~~~ ~~_-,:i ,f-:.J :jdh:J 'ld ~~ "; ~i [1::d4 . ~-". t. ;';'/1', :....1;.... J'1T .." u,":: 'j~$ ..j 9~!ri' t.W3 1:.. .i-,~:;--,f 'Jr.'! .: '1":"---;'. ~l, '1--4 'j' ;.:. -~.- r ,.. ;!~'~!'.{i~; J 'I /~-:r, ',r-11 KNOW '^'L"T.!., 'MEN""lJWfi'" "'~:Soa:th8m S_l:,C__'~a"~PMrat;b. . or~I"d ~, a~81i1z!g' aD:&.r;tli;t,1::e'iFiif:th"i''S'~iicf'iit~~~;h8Vr~''''fiiii';;::ri -~' "'! ,.... ",": 'R.-':':- '.,:,.,,;111 ';:1'1;",!'" ..h.r'~'1r,', .u.....j, .J-~'.~'~ J . r,;_' rf't'J"'p'.'~"''''~'I' ,.,l'ltiD~plW...f)~i~..iJ&.,......~t;,o:Il~.' '~"""~".:,,,,..,..,,,...;....,,,,.,;.~.,,.m,....,.,:.:":m,.;. . ,qnpp'l,l, . I ' ,...."...'.., .' (B~ lua1.tbenam.and addiaiiI or JetiLltlt:le of.tIut'COatn.ctor) -' ... ...1 ~", -' o. I. ' , . !'..f '~ . 'THE' A:imlA . CAStrALfi' m'SUREY ICCllPABl'" 'ii' COrpOration' org8~1t~8d 'aad,ilix1at.1zIc ~~r'~tt;"ia;;"iit"tiie'State"iif'1f;~~t1~~~;;;;~t"g'~li~"prIliclpa~~otflce;'Ii'~' ,H---.........r;~--....<..n.. . .,.."__.__r,, . . " . ,,,,...0. .. .. , . Surety .__Atli."hNA"" ~x_9A:r:r~._......__. ..,....;;.:;.u.._____n__n......_._....._..~..-..--.-...-.-....-----....--...., . , . ~-..~ ,.".--- ' ,,~ . . tBn'mS.z.iihO."'I'8:.i'dd.Crl:-Sali.tir"';"'-~ _'''i~d'- ,.....'e- ....'.~. '~'.'~,,-'''- h Id '" fi---'l"i""" T~~,"~ "')];0"'''''''''_ COtIDt; 5!_ &01;<- ~ze1a a1ld thre""" arc e . a,!!,! rip Y uOUBu-unt&. "'~......_.m.m~".........m~.........~.....m...............m......~ ~,~.~!!..~.~#~~,~.~~!!::~~~:!j~~~);~~.!_:,:~~~.!.......~.......,.,.........:...:..............:..,. O~ner, .. "'-.:.'1 T?~ r(HiNliiiin:ttii"aaiDiTaiid. addrftsI or Iqa1 tiu. of Ut. Owmrr) " .' , ,.,. .'>'-s:,~.pli"Bim"TJJ~~1iIii.ii~ J:I"NnHIGU WllV.l5llTY:JnVR .ABD 110/100 _ 'to I n the,s~~R..fl:;Et"",,,.,,,,,,,''''''',..........---.m.......---m..---..........'......:.'m.,..............:.........."............__. ~"i::,,' ".Kl ~'r1'fi{.r-H.lj:"t .rilA Y'7'. ~".TI}!..'\Q c'ti.r,:~ 0~1$" . " ' ~8 '97""00 ,., ... ..~:~:~.~:~.::'..~u~:~~~_':~.'~~~.;.~.:.-:'~..~:_\::~~:~..:~.:_.~u~..:__~m-:..~_.~... Dollars (:p:"'"_..!._____!._.___.~w) j\ " '.." ""''':-'. Y':r. ) , . for the paYmem.9Ji~N~h~~f~j;~R-H.:'~~~lves, our legal representatives, 5ucc~s;ors and as. ,~- " '>.r ,'.' m~~I:~lJ'j\ signs, jO!':lt1Y, anr.!,~ey~'i~!yt;~rnY,iDy.tJ1ese presents. , .J,..... :..~~~..:.L.< ._.~~:I"J.",(i.l:t, .;..,.:.:.J..!..... u~'.:. Whereas, Principal has executed contract with Owner, dated m.~~.!~..~~L!~.7...., for ....tlmliBl1.1.IIg..uj..s.u!c\Il~!.ftP.:.!l.lL~~~!!!..~:!L~!!..~~~..~~~f.,.?~~.~.. . ,I..',;.!OV'.... ~~,& V~ ~.....-....J",_'r_ ...-.!;;,-I)~ .,..' .~ .....k..,...J. ~_'...' '-1.,' '~-_'J J 0 ,.~~~~,.~.,~!g~.~~:J:~!~).:~~J~~?~!'.~,:~_~~l.!..r.~~"'~!~~.!,,~:-;.:::~;;,.:::!.~!....o.~..,';, ; I . ~lll~ll_',('.'!'1 Lu..ut:,~'ip.f. :a.h mol J 'h;i;.'.. .- ..l, '.,AI h .: d;.... .__-" ,f]. n"1rj~:-i ..,Ii-- !t-j7. ..~rt--:!;'!II~.-.'J; rroiz~'Dir:'1Jl 1-:....: 1, ~ :'Hii.tl n'1 ::H:. 1)h,~u .:fd..;J~..; 1. '{14- ,/~t. ..\t- :.1 fl~' ~T1 r ~.I:ti, it, L.."'l'; .' ':2--:;.'it~'.A~' ~t' :iJ,.;:I f.t.:,:)h;;.mA ;.~:~..!:-..~~~:~!-::;t~.~~~~.~t~.t~;:;:;~.,:;:;::;~~..::-~-;~;;I~;;~::~.~~i~~":~{~~l~~~~~;~~.~;~...~~~-:~~::~.-;~~~,~~~-~~:~~;;.~:y~"i~L_~~-~~~i~~;l~~.: copy of which contract.is by reference made ,apariji'~feof:"' ,. ,t. ;', "', ~ '.':'" ".. """~ , ',,',":'.,..'..... :.3';-'-;'::' ''dU~U.:J:..~.<!.1t :'I-nl~'", -'11,: ",l.tl.;l.l ;1_..", ,.l.,! 1" .',,1',,' tJ.:. ('J." .... .hJ., J~-jJtJ.'ih..,..:J ',,~l . .NOW" THEREF.q:RE" it.,Pr!~cip~,~1 j~thJ.~lr.P."r!or"1.u~ ~!l!}tr~~t,~~lP,~y :U(,p~~~.,~6;,h~~~ furmshed, labor .or .matena!. for.f\USe;.lD-.~r,;a~.out,jthe~lmprovement.:and fsblll~l- mdenmlfyj_and _:sav;e _n.armle_ss. the Owner' from ,all cost 'and damage'by reason '<if" Principal's' default 'or' failure;so' to',do;nthen lthi.'obliga.' riOD shall be-null aria void';'othei'Wiseifshall'remam1Hicftill force andleffett/ '..:~ .4'J....,~.1:..13:....: OC.,el ;ru'n:';- .1J!:".lr.\.') 'lIJJ al hMDJL~,:t;> . . .All per.sons whC? h~,,?e f~r~~~~~!!~i?9rb,o~l~~tia.!' f,or;~~ ~~..P;_ !~o..1!! !he,~~P!..o!~!!Ie?t ~~~J~!lxe~I!-.~irect rlght- of'actlon" under..the bond" subJect,\tC?.,theu~er s.pnonty~. 1:: . J. ~,,~,.h'1,!. I I .. ;,> ,-e{ ", ',.m.:"!; fj'-"L, .b"tlj..., '. The tJ~t~ac;t, i1Cl~ding :,~he~~~i~#Q~!;'~~~J' ~f!~~;j~;li;.if."~y~'~~~~i(~:e. ~!C?s~~f~d:;{lriA~r~:~~))~~Gp,~t- VISIOn of a.'duly.quabfied_arclu~t.~\\,.\ 1~'J~1.,,~...;)t.~..''',). "j.l.:.q riJrJd"'D :'-n':' .~,~ ...:",.......,1rl' '~'1"0 ,;,"',s;i--:: '- '..' ':. ~.--~~,.', -'.. _~ "_ ~'r ...," t~J".~:"'.._~~.'~.(t.~\:_~... .;".~ '.~_ '''',~ ,~,-'''r .+.;\.,l~..n Any payment or paymenllfunaer the bOnd sliiill reduce Illl'penalty to the extent'of'.uch'payment'or pay. 'UeIltL I I , " '> o I ~~ "'. 0 l'l! fz::: ~' . ,... g ,-,} 0 .4 >'-\ I !\l ;, ~ " ..,' ;sj ~ 0 l>. :- I :>- ." 0 ... :l t'l I I I I @ 0 lQ ~ I P< rn a .. lZi ~ I I - " N>_ - .<(~~- -A 61 ~~..... .\. No suit or action may be maintained under the bond unless it shall have b~n imtituted within two years from the date on which final payment under the contract falls due. The Owner and Architect shall cooperate with and assi.t Surety in prosecuting its rights llIId claim.. if anI', against Principal and others by supplying testimony, books, .record. and documentary evidence in their possession. . The Surety hereby waives notice of any alteration, area.;on or forbearance made or extended by the Owner or Principal. , . In event Principal is in default under the contiact as defined therein, Surety will (a) witbin fifteen (15) days of determination of such default" take over and assume completion of .aid contract and become entitled to the payment of the balance of the contract price, or (b)' pay the D..-ner in'cash the reasonable cost of completion. less the balance of the cOntract price including retained percentage. The 'cost of completion shall be fixed by taking bids from at least tbroe responsible contractors, one cbosen by the Owner, one by the Architect and one by the Surety. The Surety will make such payment within fifteen (15) days after the cost of completion sball bave been so determined. ' nc.l:Provid~dp:howe~i1.th?t:.Unlc!Ss <tII,;;ahullllliilltc;ontract is executed upon Tbe Standard DOCuments of Th. Arne~ca,n ~.~lfJ~ of&ffiIlit~'i~, i~ ;isJ.I!ere!ly,~ti!!~~tffl~~~ftHL t\!jJ, m~~",el'I.~El_lei .11~4 A~U)lel.e.d upo~ th~ condlllon iliat,all dISPutes,. ~allns orq~es\1o~JlrlSmg,l!!)i&f.suc~~:Vaa,~lWL1ie 'i""!i)~T.(it.:'!bl- trattOn In accordance WIth the provlS,ons 01 Artlcl!-40 "of d1c!"Gen'eiiit 6iit'aiiI'JDs~th~"C~%r the'".. ;..tfl~!1"u,q!ioJl9H~~ ~l!i"~4 ,!!,.~~F.,.!!t~'~Ji1Iit!ol!oaf ,,~;~~_ ~~\t,aI?J~~ ~~ing to the contr~..conta.IDed-ln.8ucn aforerwdcontr&Ct notwlth1taaQQl~ ' . ''; "~'.-.~.~-~~ \~\\"\1l11f1 " . I.1L G:.'l.r._.LO Jf;...!J:'O!f..CICl c;1..c ~;1.tV~.VI c31J!Ji:.~'O~:aIov .fO Cjf;jC ertj .:lC 3tl:jI .9ri~\'''R~Jml,:J',,;/ ; it~ I:T1 "L', ,~ day of .JI ;t!l:- '~e/T.~'oJ.:~~.:I't'r!i:,..... l' "~ _ .u. ~.' .... ....I;~ .,."ff "--../'." ""'. <.~..~--.:t;. ,'. -,' \ /1 ',.\' .-', . ". I "4'f(.: c.~.~~.' j .' '- <;:)- .- . ~"1:<....!::.'(. iJ!t')l"';~ '. ./'...... ..'~.;:. .. ......? .::-,....... '. ..,...:e., ...... . n. s; \\ ,.:..< 11/, ,"."'_' . . " Signed and sealed this ,. t'..n;Ie~ d"j('U'1 ;:i b1f.3 111?I9:1 ;plt.:ls .n~:'.:a:'" ~ 'V;.:.un"O jJ.I' .... - OCI\~~ L..:'"&. , L' ....... '''--'' i.'....l-':~.;ud ~,''1;. .;:..,: OC.;:'i':::.Eii ---...---- llBS 'i'(,:?'( . r;{" 'Lc;fclC'l'~'~ ~'! - c;' '~~'a~'o C fi ";6~~::.isMi{i8i1GJt'.tljjsi ~;.~i'MJriiiR~Jw: .~2~e:j! ..l-~~V.~'I:: \t"!~..-... ....jf1r,:a;) IF'Olir_'I~1 -0"- .of\fir~ r.;'r'"l (i"ll" f.\n"'~ Art. 40 . ArbItradon,- All dllPUtet. JaIDl. or qnelbbn. .UbJecf~to arSiUarioD UDcR'I' 1tlf,..toDti&er. a11."W-"ub~M 'to arbitration io accordance with. the provisions, then obtaining, of the Standard Form of Arbitration Procedure of The American ID.titute of Architects, and this agreemeDt .baIl be .pecifieally enforceable under the prevailing ..rbitratiOll law, and judgment upon the awnrd tendered ma., be entered iD tbe .bighe.t court of. the. forum, .tate or federal, baTiDa: jurisdiction. It is mutually agreed that the deci.ioD of the arbitrator. sball be a condition precedeDt to aGJ riabt of leaat a~~ue~r~~m~b"eagai~~e~er. . The Contractor .ball Dot cau.e a delay of the wort during &BY arbitutioD proceeding, except by agreement with the Owner. '. Notice of the demand for arbitration of a dispute ,hall be .filed in writing with the An::hitect .and the other parti to the contract. If the arbitration is an appeal from the ArchiteCt', decitiOD, the demand therefor .ban be made 'Within ten day. of itl nceipt; in any other cale the demand for arbitration .b.n he mllde withiD~ a rea.ooable time after the di.pute ha. arisen; in no case, however, sball the demand be made later than the time of final payment, a<<pt.a otherwi.e expreally ltipulated in the contract. The arbitrators. if they deem that the cue requiree it, In authorized to award to the party who.e contention i. .u.~ tained, lucb lumj ns they or a majority of them shall deem proper to compensate it (or tbe time and espen.e~ncideDt to the proc,eeding and, if the arbitration was demanded without r~alonable cau.e, they may allO award damage. for delay. The arbitrators than fix their own compenlation, unJell otherwise provided bv agreement, and shall ...eu the co.ts and charges of the proceeding upon ei.ther or both pattie.. (From G.nuraJ Condil:ons of t"~ Con/,.ad fo,. th~ Conltrudilln of BuiIdiH91, SUtlh Edition, Copyrighl 1916~1918-199fj..lQ$7-1951 b, Till 4f11.nUtltJ.ltutUfII, (If 4rchit,cts.) ..... ~ 4g'~- A- &:, ;L The ./Etna . Casualty and Surety Company Htrrtford, Connecticut Certificate of Authority of Resident Vice. Presidents and Resident AsSistant Secretaries. KNOW ALL MEN BY THCSE PRESENTS, THAT The lEtna CaS1U1lty and Surety Company, a corporation organized under the Jaws of the Statt of COr4,ecricut and having its principal office in the City of Hartford, Statt of Connecticut, by its duly authoriud officer, does hereby appoint the following resident officers, with bwines.s address indicated below but without territorial restriction, and dot$ grant full power and authority to each Resid~nt Vice-President to sign and execute on its ~f, and to each Resident Assistant Secretary to seal and attest on its behalf, any and all bonds, rec..>gnizance5, contracts of indemnity, or writings obligatory in the na:ture of a bond, recognizance, or conditional undertaking, and all such. instruments signed by any one of said Resident Vice-Presidents, when scaled and attested by any other person named below as one of said Resident Assistant Secretaries, shall be as valid and binding upon the Company as if the same had been signed by the President and duly eUIed and attested: RESIDENT VICE.PkESIDENTS RESIDENT ASSlSTANT SECRETARIES BUSINESS ADDRESS " ;:-}, Travis Do Bailey Chaso Wo Schneider Carl Wright Johnson Travis Ao Yancey /' Robert Wietzel *** Travis Do Bailey Chaso Wo SChneider Travis A. Yancey Robe;:-t Wietz3l Co Eo Blumberg J. No Saathoff/' *** San Antonio. Texas *** <<~.~ .... .~, These Olppoimments are made under and by authority of the following provisions of the by.latvs of the Company which provisions are now in full force and cHeer and are the, only applicable: provisions of said by-laws: ARTICLE N--Section 8. The Pruic!er.t. lIny Vice.President, or any Secretary may from tim~ to time appoint 'R~id~t Vice.Preaidmta, Resident Auistant Secrctariu, Attorneys.in.Elct, and Agents to act for and on behalf of the CompAny and may give any such appointee IUch authority a' hi, certificate of authority may prescribe tD .ign with the Com~ny', name and scal with the Company', seal boncU, recognizances, eontractl of indemnity, :Jnd olhet wridngs oblig.cory in the narure of II bond, recog.uunce, or conditional un~ng, and any of laid officers Of the Board of Ditector, may at any time temove nny such appointee and revoke the powtr and authority given him. ARTICLE IV-SectiCln 10. Any hond, r<<ogn;zance, contract of indemnity, or writing obligatory in the nature of a bond, reeogni:tant:e, Or Cond.i. tional undertllking .hall bt valid and binding upon the Company when (11.) aigned by the President or a Vice.President or by a Raident Vice. President, pursuant to the power prescribed in che arti6utt! of authority of Jurh Ruident Vice. President, and duly attuted and auled with tho! Company', .ul by a Secretary or Assistant Serretary or by a Resident As.inant Seaetary, pur.WU\t to the power prescribed in the artihcatc of authority of lUch Resident Auistanr Secretaryj or (b) duly executed (under aeaI, if required) by one or more Attorneys.ie.Fact pur.uant to the power preacribed in his or their certificate or certi6cates of authority. IN WITNESS WHEREOF, The lEtno Cas""lty and Surety Company has cawed thi. instrument to be aigned by its Secretary, and its corporate seal to be hereto allized, this 26th day of August , A, D., 19 57. (CORPORATE SEAL) Th~ JEma Casualty and Surety Company, By __.....______..........,_,~.~...l!:~...~~._____.....__.._____...__...._,______ S~crdttr'Y. State of r;onnecticut, County of Hartfotd-ss: On this 26th day of August , A. D., 19 57, before me personally came H 0 Eo ROWELL , to me known, who, being by me duly'swom, did depose and say: that he is Secretary of Tbe lEh/D Ca",alty and Surety Company, rhe corporation desctibed in and which executed the above instrumcntj that he knows the seal of said corporation; that th~ se:ll affixed to the said instrument is such corporate &e.2l; chac it was so affixed by .1urhoriry of his office under the by-laws of said corporation and that he signed his name thereto by lilce authority. (NOTARIAL SEAL) GRACE Eo DONNELLY .--...-.....---......--... ........-.........--.....-..-..............---.....--...--......--...__.-.. Notary Public. My. C~jssion Expire, !thr. 31. 195B . State 0 f Connecticut, County of Hartford~: I, GRACE Eo DONNELLY , a Notaty Public in and for the County and State aforesaid, do hereby certify that this day personally appeared before me, in my said County, II 0 Eo RCWELL , known to me to be Secretary of The .lEtna Casualty and Surety Campany, of Hartford, Connecticut, who, being by me first duly sworn, did depose and say: That as such Secretary he executed the original of the foregoing lnsttUnlent; that the provisions of Article Four of the by.laws of said Company as set forth in the foregoing instrument are now in full force and effect and that they .are the only applicable provisions of said by-laws as above set forth; that the above-copy of certificate of authority is a true and correct copy of the :;riginal thereof, and that said certificate of authority has not been revoked or moc:llUed but is still in full force and effect. Given under my hand and notarial seal this 6th day of Hovll1llber , A D. 1951 ' ;/ /! ~ ~ ~............---------- .--~....,.------- _......._.._.~ Not"", Pub/i<. 147 Cammission Exoir~' Mar_ 31. 19 5~o l (S'.~I.B)(M) " ........!:. v ,- l --c ..J I ,- I I I ~ \. I .' r- - --- --- . I !ACCEPT CONTRACT-AGRICULTURE BUILDING ON A MOTION by Commissioner R. F. Kemper, seconded by Commissioner Ernest Radtke and unanimously carried, the Court accepted and approved the contract of the D. W. Marshall Construction Co., as amended October 30th, 1957, for construction of the Agriculture Building. CONTRACT-COURTHODSE-JAIL I ON A MOTION made by Commissioner Clarence Barton, secanede by C~nmissioner Frank Wedig and unanimously adopted, the Court accepted and approved the contract of the D. W. Marshall Construction Co. as amended October 30th, 1957, for construction of the Courthouse-Jail. JAIL EQUIPMENT . ON A MOTION made by Commissioner Frank Wedig, seconded by Commissioner Ernest Radtke and unanimously adopted, the Court approved the contract of the Southern Steel Company of San Antonio, Texas, for providing and installing the Jail Equipment. INITIALING PLANS-COURTHODSE-JAIL AND AGRICULTURE BLDG. ON MOTION made by Commissioner Kemper, seconded by Commissioner Barton and unanimously carried,the Court authorized the County Clerk to initial the plans and specifications for the Courthouse-Jail and Agriculture Buildings. . - - - - - - - - - - - - - RETURN DEPOSIT CHECKS TO CONTRACTORS I ON MOTION made by Commissioner Barton, seconded by Commissioner Wedig and unanimously adopted, the Court ordered that the bid check of the D. W. Marshall Construction Co. and the bid check of the Southern Steel Co. be returned by the County Auditor to their indivmdual . representatives; and that the. checks of the Sub-Contractors be retained until after execution of their contracts and the filing of their bonds with D. W. Marshall, General Contractor. RECORD CONTRACTS .. ON MOTION duly made, seconded and unanimously carried, the Court ordered that the contracts for the above named construction be recorded in the Minutes of the Commissioners' Court. . It is so ordered. - - - - - - - - - - - - CONDEHNATION-RIGHT-OF~WAY FH 2433 CONDEMNATION ORDER I THE STATE OF TEXAS I I COUNTY OF CALHOUN I On this the 6th day of November, 1957, at a Special Term of the Commissioners Court of Calhoun County, Texas, with all of the members of the Court present, there came on for oonsideration the acquisition of the right-of-way for State Highway-Farm-to~~arket Road No. 2433 in Calhoun County, Texas, and the Court finds that the offers heretofore made by the Court to such owners as hereinafter stated have not been accepted and that any further attempt at negotiation would be vain and useless, and I . 489 "'ll . . ...oil "'490 QZ)~ ~ ~ ~~ -"^, '- "1" ... . That the State of Texas requires suc~ right-of-way priQrto November 11, 1957, and that the Commissioners' Court is obligated by Minute Order to acquire the same by Eminent Domain, therefore On Motion made by Clarence Barton, seconded by Frank Wedig and unanimously adopted, , -I It is hereby ordered that County Attorney Jack .Fields-, 'assisted' by Frank Guittard and R. A. Barton, are hereby authorized and instructed to proceed in condemnation to acquire limited title in and to such land for the State ,o~_~__._ Texas for right-of-way purposes; That the title to be acquired be an easement for the State Highway Department, with the State to take and use any stone, earth, gravel, coliche or any other material or minerals. upon, in and under said land except oil, gas and sulpher; That the Right-of-Way Easement to be acquired for Farm-to-Market High- way No. 2433 across such property is described as follows: I' I Estate of Joseph Paul Buren: , Described as follows, to-wit: . Being a part of 114.0 acres of land situated in the Samuel Shupe Survey conveyed by J. V. Shiller to Paul Buren by. deed dated the.]~h day of ~ebruary A.D. 1947, and recorded in Volume 55, Page '251 of Deed Records of Calhoun County, Tex~s, and being more particularly described as follows, to-wit: BEGINNING at the most Northern corner of the J. P. Buren Estate, said point being 40 feet Southeast of and at right angles to centerline Sta. 695/25.9 of st. Hwy. 238; THENCE S 44 deg. 29' E with the proposed right-of-way line of st. Hwy. No. 238;a distance of 20.0 feet to a point for corner, said point being. 60.0 feet Southeast of and at right angles to centerline Sta. 695/25.8 of St. Hwy. 238; THENCE S 45 deg. 40' W with the proposed right-of-way line of State Highway 238 a distance of 532.3 feet to a point for corner, said point being 60.0 feet Southeast of and at right angles~to centerline Sta. 689/93.5 equals Sta. 690/00.2 of State Highway 238; I . l r- '"""l 491 . -.---- . I THENCE N 36 deg. 46' W a distance of 75.4 feet to a point for corner, said point being 40.0 feet Northeast of.and at right angles to centerline rta. 674/38 of st. Hwy. 238; THENCE N 20 deg. 15' .Iv a distance of 224.0 feet to a point for corner, said point being 40.0 feet Norhteast fa and at right angles to centerline fta. 676/62.0 of St. Hwy. 238; L THENCE with a 6 deg. 00' curve to the right along the following pourses and distances: N 19 deg. 07' W a distance of 36.4 feet, N 14 deg 59' W a distance of 95.8 feet, N 8 deg. 59' W a distance of 95.8 feet, N 2 deg. 59' W a distance of 95.8 feet, N 3 deg. 01' E a distance of 95.8 feet, N 9 deg. aI' E a distance of 95.8 feet, N 15 deg. aI' E a distance of 95.8 feet, N 21 deg. aI' E a distance of 95.8 feet, N 27 deg. aI' E a distance of 95.8 feet, N 33 deg. aI' E a distance of 95.8 feet, N 39 deg. aI' E a distance of 95.8 feet, N 43 deg. 50' E a distance. of 58.1.feet to a point for corner, ,said point being Southeast of and at right angles to centerline Sta. ~87/60.0 equals Sta. 686/83.8 fa St. Hwy 238; [THENCE N 45 deg. 40' E a distance. of 842.1 feet to the place of . eginning, containing within these metes and bounds 2.79 acres of land lore or less, of which 2.79 acres are in the J. P. Buren estate. II wned by Frank Kula, Steve Kula and Joe Kula: Ii ~ ' . Being a part of 45.59 acres of land situated in Lot 11 of the "Westerlund Subdivision out of the Ys~dro Benevides Grant conveyed by l~oUiS Geryk et al to FraJ;1k Kula ,and Steve .Kula, subject to the life estate ~f Joe Kula in and to one-third thereof, by deed dated the 7th day of II~une, 1952, and,recorded in Volume $1, Page 611 of. Deed Records of Calhoun County 'rexas' I, ' B;GINNING at the most Western corner of the 45.59 acres in the Nor~h right-of-way of the present county road, said corner being the South corner of Henry Hartman Estate lands and also being 27.59 feet North- bast of and at right angles to centerline Sta. 52/32.95 of F.M. 2433; l THENCE N 54 deg. 14' E 23.63 feet with the Northwest line of I he Kula 45.59 acres to a point being 50.00 feet Northeast of and at right ~ngles to centerline Sta. 52/40.46 of F.M. 2433;; THENCE S 54 deg. 17' E 575.29 feet with the North right-of-way f F.M. 2433 to a point for corner in the Southeast line of the Kula 45.59 '. ~cres, said line also being the Norhtwest line of lands belonging to "rank and Steve Kula, said point being 50.00 feet Northeast of and at "ight angles to centerline Sta. 58/15.75 of F.M. 2433; THENCE S 54 deg. 30' W 52.81 feet (at 23.32 feet passing the outh corner of the Kula 45.59 acres) to a point for corner being _enterline Sta. 57/98.74 of F.M. 2433; THENCE 'N 54 deg. 17' W 575.03 feet with the centerline of ".M. 2433 to centerline Sta. 52/23.71 of F.M. 2433; ~NCE N 54 deg. 14' E 29.10 feet to the place of beginning, pontaining within these metes and bounds 0.66 acres of land, more or less, ~f which 0.51 acres are in the existing public road and 0.15 acres are .n the Kula tract. I . 1 . .1 . OWNED BY FRANK AND STEVE KULA 'I Being a part of 5.925 acres of land situated in Lot 11 of the esterlund Subdivision out of the Ysidro Benevides Grant conveyed by Eula Gilbert to Frank Kula and Steve Kula by deed dated the 24th day of lrune,1952, and recorded in Volume 93, Page 450 of Deed Records of ~alhou~ vounty, Texas; . It... ""492 00'" ~ ~ e:J.j N '. I I . ~ . MINUTES AND ADJOURNl'lENT ON THIS, the 6th day of November, 1957, at a Special Term of the Commissioners' Court of Calhoun County, Texas, on motion duly made, seconded and unanimously adopted, the Minutes of the previous meeting of October ]0, 1957, were read and approved. . ., Attest: I t . . SPECIAL NOVEMBER TERM HELD NOVEMBER,8, 1957 .. . . . THE STATE OF TEXAS 0 [ COUNTY OF CALHOUN [ .. o . BE IT REMEMBERED, that on this the 8th day of November, 1957, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, a gpecial Term of the Commissioners' Court.within and for. said County and State, same being the Second Special November Term, 1957, and there were present on this date the following officers of the Court, to-wit: , HOWARD G. HARTZOG, FRANK E. WEDIG, R. F. KEMPER, ERNEST H. RADTKE, CLARENCE BARTON, MAURICE G. WOOD, . County Judge, Cormnissioner, Pro 1, Commissioner, Pro 2, COmmissi~ne~,. Pro 3, Commissioner, Pro 4, County Clerk,~/- ,. .~ and entered by said Court, to-wit: I: - - - - - - - - - - - - - - --" lif -- ...:::" whereupon, the following orders were made . ~ .... 493 " " .<-~- . I CANVASS ELECTION RETURNS THE STATE OF TEXAS 0 o COUNTY OF CALHOUN 0 I ON THIS, the 8th day of November, 1957, the Commissioners' Court of Calhoun County, Texas, convened in regular session of a Special Term thereof at the regular meeting place in the Courthouse at Port Lavaca, Texas, with all members of the Court being present, there came on for consideration the canvass of the votes cast in Calhoun County in the Special Election to Amend the Constitution held on November 5, 1957; And it appearing that said election was in all respects legally held after due notice had been given, and that the said returns were duly and legally made that there were cast at said election 763 valid and legal votes of which number there were cast: Amendment No.1: 185 votes FOR Amendment No.2: 226 votes FOR Amendment No.3: 165 votes FOR 69 votes AGAINST 30 votes AGAINST 88 votes AGAINST . therefore on motion by Commissioner Barton, seconded by Commissioner Radtke and unanimously adopted the Court declared the returns of the above named election to be correct and ordered that they be made of record in the Election Records of Calhoun County. ROEDO ASSOCIATION-DEDICATE EXPENSES ON MOTION made by Commissioner Radtke,. seconded by Commissioner Barton and unanimously adopted, the Court ordered that the dedication of expenses at the Rodeo Arena by the Rodeo Associ ation be accepted. I RESOLUTION TO THE CO~1ISSIONERS' COURT OF CALHOUN COUNTY, TEXAS. GENTLEMEN: . The Calhoun County Rodeo Association of Calhoun County, Texas, by vote of its Board of Directors at a called meeting the 28th day of October, 1957, adopted the following Resolution: BE IT RESOLVED, by the Calhoun County Rodeo Association of Calhoun County, that whereas this Association has expended the sum of $520.06 for the improvement of the Rodeo Arena on the Agricultural, Horticultural and Industrial Fair Grounds in the construction of a permanent fence around the Arena, a ticket office, flood lights, woring, poles, gates and signs as reflected by the following paid items: Power Electric Co. $125.00 Thayer-Harwood 22.18 Ed Melcher Co. 19.28 I Labor, fence & gate 73.00 Porter Sign Co. 6.00 Blasingim Lumber Go. 250.00 $520.06 I AND WHEREAS, it is the desire of the Association that all these items and improvements become the permanent property of such Fair Grounds under the control and ownership of the Commissioners' Court. THEREFORE, it is ordered that all of the same are hereby dedicated to Calhoun County ror the use and benefit or the public. ADOPTED THIS, THE 28TH DAY OF OCTOBER, 1957. sf w. W. Zwerschke President . Attest: Sf Louis Jaster Secretary A. J. Zwerschke Committee Chairman H. D. Shillings Selby Canion J. A. Morgenroth lit.. r'"494 MINUTES AND AD JOURN11ENT oc '" I':..t l?::J N . ON THIS, the 8th day of November, 1957, at a Special Term of the Commissioners' Court of Calhoun County, Texas;'~nmotion duly made, secpnded and unanimously adopted, the Minutes of the previous meeting of November 6th, 1957, were read and approved. L; - - - - - - - - - - - - - - - - - --. REGULAR NOVEMBER TERM HELD NOVEMBER 12, 1957 THE STATE OF TEXAS I I COUNTY OF CALHOUN I BE IT REMEMBERED, that on this the 12th day of November, 1957, there was begun and holde.n at the Courthouse in the City of Port. Lavaca,_ said _County ana. State, a Regular Term of the Commissioners' Court within and for said County and St.ate, same being the Regular November Term, 1957, and there were present on these dates the following officers of the Court, to-wit: ------..'-'----' County Judge, , HOWARD G. HARTZOQ" . FRANK E. WEDIG, C ommi s sioner, Pro 1, R. F. KEMPER, Commissioner, Pro 2--- , ERNEST H. RADTKE, Commissioner, Pro 3, CLARENCE BARTON, Commissioner, Pro 4, MAURICE G. WOOD, County Clerk, whereupon, the following orders were made and entered by said Court, to-wit: - ., PPROVE PLATT-ROBIffi100D SUBDIVISION ON MOTION made by Commissimner Wedig, seconded by Commissioner KemPer and unanimously adopted, ,the Court apProved the, platt. of the Rob.in Wood Subdivision, Jim P. Wood and wife, owners, out 'or. the Fred W. Roemer Survey, Abstract No. 221, Calhoun County, Texas, a part of Block No.8 of the W. R. Carter Land Co. Subdivision consisting of 31.19 acres; s,ndordered tqat said platt be filed for record. . It is so ordered. I AMAGES-PLOWING-RIGHT-OF-WAY 2 ON MOTION made by Commissioner Wedig, seconded by GOmmissiorer Kemper and unanimously carried, the Court authorized payment o~ damages i~ the amount of $20.00 for plowing already done on the J. E Shannoncl-acres of land for right-of-way on F.M. 2433; and $5.00 to Joe Spann for plowing. INCREASE DISTRICT COURT REPORTERS SALARY ON MOTION made by Commissiorer Bartqn, seconded by.Commissioner Kemper and unanimously carried, the Court authorized the-increase in salary of the two District Court Reporters to $67.00 for.Mr. K~hren; and 94.80 per month for r. Hoffman, as requested by the District Judges Martin and Greene. .... . - - - - - - - . . - ~ ._- . . - - - - -- ~ . _.- - - ~ -- . I' I' . I' .. / i . I I. . . .' - - - - -- _.~ - - - - -- ~ .... ~ 495 ~ . HOSPITAL SURVEY CONTRACT 1 ON MOTION made by Commissioner Radtke, seconded by Commissioner Kemper and unanimously adopted, the Court authorized the Hospital Board to negotiate a contract with O'Connel & Probst of Austin to perform a Hospital survey, and ordered that the cost of the contract be paid from the Hospital Available Fund. CONTRACT 'I STATE OF TEXAS COUNTY OF TRAVIS : KNOW ALL MEN BY THESE PRESENTS: This Agreement made and entered into this fourteenth day of November, 1957, by and between the County of Calhoun, State of Texas, acting by and throu~h the Calhoun County Commi'ssioners Court, 'herein- after called "Owner, and O'Connell and Probst, a partnership of Travis County, Texas, Consultant Architects, hereinafter called the "Consultant". WIT N E SSE T H: . That whereas the the Owner intends to have a survey of medical facilities and services made for the area being served by the Calhoun County Hospital, Port Lavaca, Texas, and to receive recommendations and consultant services for the expansion of said hospital plant here- inafter called the "work": Now, therefore, the Owner and Consultant, for the consideration hereinafter named, agree as follows: 1. 'I The Consultant agrees to perform for the above named work, professional 'services consisting of items listed as Phase I on the attached sheet. Tha consultant will consult with Owner, Hospital Board memvers, hospital staff, and any other persons as directed by the uwner. The Consultant will deliver to the Owner thirty bound copies of the Survey in final form. II The Owner agrees to pay Consultant for such services a lump sum fee of Two Thousand Five Hundred ($2,500.00) Dollars. Payment to the Consultant shall be made in one sum after Consultant delivers to Owner final bound copies of the Survey. The Consultant further agrees that in the event the Owner desires to commission him to do additional work on this pribject, then the fee paid for this Phase I of the work will' be the first payment on any subsequent fee agreed upon between Owner and Consultant. . III The Owner and the Consultant hereby agree to the full performance of the covenants contained herein, and each party hereby binds hamself, his partners, successors, legal representatives, and assigns to said performance. IN WITNESS WHEREOF, they.have executed this agreement the fourteenth day of November, 1957. 1 O'CONNELL AND PROBST By: S/ Victor G. Probst Partner: Victor G. Probst Consultant COUNTY OF CALHOUN By: S/ Howard G. Hartzog Howard G. Hartzog County Judge Owner O'CONNELL AND PROBST, AlA Architects Hospital Consultants 1 504 West Seventh Street Ph. 8-8118 Austin, Texas PHASE I (Fact Finding) 1. Study of existing hospital area facilities for most efficient utilization: ' . ... .... "'-496 2. 3. 4. 5. 6. 7. 8. 9. Trade Area (define) Population of Medical Service Area Community Development Medical Services Study of A'ssemhled Da'ta Conferences with Hospital Board Recommendation (narrative form) Program (breakdown of departments into major ro~~~_~it~ approximate areas) Schematic Plans (single line drawings) Conference with Hospital Board: " Final schematic drawings Final area computation Cost Estimate (by squ.are foot methods) 10. 11. Ie. 13. 14. , ---~----,- DVERTISE FOR BIDS-MUDSHELL ON MOTION made by Commissioner Kemper, seconded by Commissioner Radtke unanimously adopted, the Court ordered that sealed bids be requested for he purchase of mudshell for use and delivery in each precinct and that each ommissioner prepare an estimate of the quantity of mudshell so required with oints of delivery specified in order that the County Aud~tor may prepare the ecessary bid specifications and order for advertisement in t~is wee~s_issue. f the local papers. ------------- OAD MAINTAINANCE # 1 , ON MOTION made by Commissioner Barton, seconded by Co~issioner Radtke nd unanimously adopted, the Court ordered that the advance of $5000.00 from he General Road & Bridge Fun~ to Road Maintainance #1 be authorized for ransfer by the Treasurer when the escrow funds are distributed in Jan.,1958. - - - - - - - - - - - - - - - - - - - REASURER'S REPORT FOR OCTOBER, 1957 . l On this, the 12th day of November, 1957, at a Regular Term of the ommissioners' Court of Calhoun County, Texas, Miss Mary Stephens, County reasurer, presented her report for the month of October, 1957, and it having een read in open court and the Court haying.:duly consid~red the same together ith the exhibits accompanying same, and having compared balances in the various ccounts and finding said report to be correct, on motion duly made,.seconded. ,nd unanimously carried, theCoynty Treasurer's Report for the month of November, 957, be and the same is hereby appro~ed. '. It is so ordered. ::; ------------------ ,PPROVAL OF BILLS On motion made 6y Commissioner Radtke, seconded by Commissioner Barton and unanimously carried, the Court approved October Bills Nos. 1 through [95 as presented by county_A~~it:r_J~:S_F~ ~oulih:n~ _ _ _ .INUTES AND ADJOURNMENT . . - - -- - _.- - - - -- - . -- - -- - -----+ ------ ON THIS the 12th day of November, 195'7. at a Regular Term of the . Commissioner~l Court of' Calhoun County, Texas, .on motion, duly made, seconded' and unanimously adopted the Minutes of' the previou~meetin~ o! pove~ber 8th, 1957, were read and approved. County Judge p~o ~~~ A - - - - - - ;.. -- - - - - - - - - -- - - . -~- '}.::; l . I' I' '. . I' . I. I . .... r- 497~ . SPECIAL DECEMBER TERM HELD DECEMBER 3, 1957 I THE STATE OF TEXAS ! I COUNTY OF CALHOUN ! BE IT REMEMBEhED, that on this the 3rd day of December, 1957, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, a Special Term of the Commissioners' Court within and for said County and State, same bein& the First Special December Term, 1957, and there were present on this date the following officers of the Court, to-wit: 'I HOWARD G. HARTZOG, FRANK E. WEDIG, R. F ~ -KEHPER, , ERNEST H. RADTKE, CLARENCE BARTON, MAURICR G. WOOD, County Judge, Commissioner Pro 1, Commissioner Pro 2, Commissioner Pro 3, Commissioner Pro 4, County Clerk,< whereupon, the following o.rders were made and entered ,by said Court , to-wit: . CHANGE WINDOI'I TYPE IN COURTHOUSE On motion by Commissioner Barton, seconded by Commissioner Kemper and unanimously adopted, the IJourt ordered that Casement windows be substituted for the sliding type window at a $2118.00 additional difference. MINUTES AND ADJOURNtlliNT I ON TRIS, the 3rd day of December, 1957, at a Special Term of the Commissioners' Court of Calhoun County, Texas, on motion d~ly made, seconded and unanimously carried, the Minutes of the previous meeting of November 12, 1957, were read and approved. Attest: ~~/~/_~Z~.~ County Clerk '-' Te /Y} -.) . REGULAR DECEMBER TERM HELD DECffi1BER 9, 1957 THE STATE OF TEXAS I ! COUNTY OF CALHOUN I 1 BE IT REI1EMBERED, that on. this the 9th day of December, 1957, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State ,a, Regular:', Term of the Commissioners' Court within and for said County and State, same being the Regular December Term, 1957, and there were present on these dates the following officers of the Court, to-wit: HOWARD G. HARTZOG, FRANK E. WEDIG,. R. F. KEMPER, ERNEST H. RADTKE, CLARENCE BARTON, l'1AURICE G. WOOD, County Judge, Commissioner Pro 1, Commissioner Pro 2, Commissioner Pro 3, Commissioner Pro 4, County Clerk, 1 whereupon, the following orders were made and entered by said Court, to-wit: . 10.. r498 I I I . """Ill 00 ~ ~ ~ ~ . OPEN BIDS FOR MUDSHELL ON A MOTION MADE by Commissioner Barton, seconded oy'Commisslorier'Wedig and unanimously adopted, the Court accepted the bid of Bauer-Smith Dredging Company as the lowest and best bid received. Bids received were as folloWffi: I SMITH BORS,. DREDGING CO.: WE PROPOSE to the Commissioners ' Court the following shell bids, at the delivered price a t .our Hopper to the location shown. . Precinct 1: Approx. 2,000 ~dB~~at~Miller~$~Boint, $1.95" . $2100.00 Approx. 8,000 yds. at Port Lavaca .915 7320.00 . . . Precinct 2: Approx. 8,000 yds. at P.ort Lavaca .915 . 7320.00, . Precinct 3: Approx. 5,000 yds. at O,li via 1.035 5175.00 Approx. 500 yds near Pt. Comfort .99 495.00 Precinct 4: Approx., ~, opo yds. at Pt.O'Connor 1.41 56~0.00 Approx. ,000 yds. at Seadrift .945 75 0.00 - - - . - - - I' BAUER.SMITH DREDGING CO., INC.: . In response to your invitation we propose to deliver mUdshel1 at the points specified and at the following prices: Precinct #l-Miller's Point-approx. At Port Lavaca-approx. Precinct #2-Pt. Lavaca- approx. 2,000 yds. @ 85i p~r C.Y. 8,,000 .yds.- @. 85i- per- C. yo. 8,000 yds. @ 851 per C.Y. Precinct #3-delivered on the road anywgere in Prct. #3- approx. 5,000 yds. @ $1.20. per C.Y. At Pt. Comfort,"approx. 500 yds. @ 85i per C.Y. I] Precinct #4-at Pt. O'Connor-approx. ~,OOO yds. @ 85i per C.Y. at Sea drift-approx . ,000 yas. @ 851 per C.Y. - - - - - - --- - - - - - - - - - - - - ACG~PT BID ON BOOKKEEPING MACHINE ON A MOTION MADE by Commissioner Barton, seconded and unanimously adopted, the Court accepted the bid of Register Company. by Commissioner Radtke the Nationai 'Cash' . . Bids received were as follows: National Cash Regis ter Compa~y: One National model l58K Additional program bars Non-.s'elect' "A'" 'total ,. feature (optional) Model BS stand (optional) $1,128.00 . __'" 16,.,0.0... 10.50 60.00 . ~ccepted by Commissioners' Court from above items plUS $16.00 for a third program bar, omitted Non-select. "A"total feature $10.50 for a .total cost of, $1,230.50. National Accounting Ser. #5805971 Fed. Tax. . Carrying Charge Delivered,Price Less Cash Paid Balance Due Machine 32:"10-10C35X)26" $5700.00 342.00, *9~.00 $6 3 .00 642;00 $5994.00 I Smith Bros. Dredging Co.: ---------- I t '.' \ . I ..... ,... ..... 499 - - -~ . I COASTAL STATES GAS PRODUCING COMPANY THE STATE OF TEXAS 0 o COUNTY OF CALHOUN I KNOW ALL MEN BY THESE PRESENTS: I That the County of Calhoun, Texas, acting by and through its Commissioners' Court, by virtue of motion and resolution introduced and adopted by said Commissioners' Court on the 9th day of December, 1957, does by these presents GRANT, GIVE AND RELIN~UISH to COASTAL STATES GAS PRODUCING COMPANY, of the County of Nueces, Texas, Right, Priviledge and Authority to construct, recon- struct, lay and maintain a 3" inch gas ~ine, said line to be constructed of steel material, along the following publiC road held by the County of C~houn, ~exas, up on the conditions, obligations and requirements as hereinafter s et forth, saiQ pUblic road ~pon which s aid Gas line is to be constructed, reconstructed, laid and maintroned being as follows: Beginning at a point in the North corner of Port Alto Subdivision Unit No.1; Thence, Northwesterly across intersection of First Street and Pers immon Point Drive to the Southwest corner of Lot 112, Port Alto Subdivision Unit No. .2; Thence, Parallel with and about 5 feet Northwesterly from the west property line of said Lots 112, Ill, and a protion of 110 to a point on our existing 8-inch gas line for a total distance of approximately 250 feet. . I The granting, giving and authorizing of permission for the said aforenamed grantee to so construct, reconstruct, lay and maintain a gas line along the above described public road being conditioned that grantee agrees that: 1. It will install sadd pipeline so that the top of the line will be at the minimum depth of 36" below the flow line of the ditches on either side of s aid road. 2. It will employ a competent person or firm to do such installation and complete it in accordance with the co~enants and conditions herein set forth and cause said firm or person to endose both copies of the permit, agreeing to its terms. 3. It will use all proper caution in performing the work to prevent injury to all persons and property, and it will indemnify Calhoun Gopnty against all damages that may be assessed against it by reasons of thework here permitted and the maintenance of such pipeline. ',4. It will replace the road in the dame condition as it was, which will require a refill of the ditch caused by installation of the pipe, tamp~ng, and a waiting period of approximately sixty (60) days to allow for proper settling and then.a.replacement of the surface if required. It will notify the County Engineer on the completion of the refill above mentioned and the County Engineer will make such inspections as he deems necessary at that tim~ at the expiration of said sixty (60~ day period and after resurfacing has been made to determine if the work has been done properly. It will comply with such requirements in replacing said road as the County Engineer may require. ' 5. In the event Calhoun Gounty, Texas, the State Highway Department or any other municipality then constructing, reconstructing, maintmning and operating said public road should, in the orderly course of its construction, reconstruction, and/or repairing and maintaining of said road, deem it advisable to relocate said pipeline or to have same removed from said right- of-way entirely, then the grantee covenants and obligates itself to remove and relocate said pipeline or to remove same entirely from right-of-way at its own expens e, such removal or relocation to be done at the will and pleasure of the County of Galhoun, Texas, the State Highway Department or any other municipality that may be constructing, maintaining and operating said public road, which said coysnants, obligations and agreements shall be binding on grantee, its successors and assigns, and'should grantee, upon being given 30 days notice in writing to remove or relocate said pipeline by any of the aforementioned agencies, fail to do so, then the agency then constructing, reconstructing, maintaining and operating said public road may thereupon remOVe same and be absolved of any responsibility and liability resulting from damage to said pipeline, or injuries to grantee, its successors and assigns, as a result of removing same. By toe acceptance of this granting of permission to lay, construct and maintain said pipeline, grantee fully assumes responsibility and obligates itself to perform in its entirety the covenants, obligations and requirements hereinbefore set out. . I I It is understood and agreed that in the event a leak should develop in said pipeline, and upon being notified by the 00unty of Calhoun, Texas, acting through any of its authorized agents and representatives, grantee will immed- iately repair and/or replace the injured or damaged section of said pipeline without delay. . ... "'-500 00'" ~ ~ ~ . It is exp~essly upderstood and agreed that no represent~~~on is ~ade that. the County of Galhoun fexas, is the owner in fee of the public road right-of- way in question and under ccnsidaration, and grantee shall fully satisfy itself of the right to enter upon said land for the afvrementioned purposes in the laying, constructing and maintaining of said pipe~ine, so far as the fee owner thereof is concerned, and the County of Calhoun, :J:'exaK, shall be, by grantee, . held blameless from any damages or injuries occasioned by .the acts of grantee as a result of the constuction, maintenance and operation of smd pipeline, and grantee assumes full responsibility and liability for any damage or injuries arising or.00ccasioned therefrom. I , W1LTNESS OUR HANDS THIS THE 9th DAY OF DECEJiIBER, ,1957.. S/ Howard G. Hartzog County Judge S/ Frank E. Wedig Commissioner, Pret. 1 , I sl R. F. Kemper Commissioner, Pret. 2 sl ErnestH. .Radtke Commissioner, Pret. 3 . S/.Clarence Barton Commissioner, Prct. 4 COASTAL STATES GAS PRODUCING COMPANY, being the grantee in the aforementioned easement, does hereby accept the granting of_same upon the terms, conditions and agreements, cORsnants and obligations as set ,forth therein, and agrees that same shall be fully binding upon grantee, 'i ts successors and assigns. .. WITNESS THE SEAL this the 2nd day of December, 1957. ATTEST: Sj N. T. Arnold Assistant Secretary By Sj Jack Ware Vice President I THE STATE OF TEXAS I I COUNTY OF CALHOUN I BEFORE HE, the undersigned authority, CountY',Clerk in and.for Calhoun County, ,Texas, on this day personally appeared Howard G. Hartzog, Frank E. Wedig, R.F. Kemper, Ernest H. Radtke and Clarence Barton, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and cons iderations therein expressed and in the capacity therein stated. . Given under my hand and seal of office this 9th day of December, 1957. S/"Mauric~,G. Wood County Clerk . Calhoun County, . . mAL '" ~exas 'HE STATE OF TEXAS I I OUNTY OF NUECES I BEFORE ME, the undersigned authority, on this day personally appeared ack Ware, known to me to be the person whose name is subscribed to the foregoing nstrurnent, as Vice President of Coastal States Gas Producing Company, a 'corpor- tion, and acknowledged to me that he executed the same for the 'purposes' and ' onsideration therein expressed, in the capacity stated, and as:the act and deed r said corporation. -.""'. Given under my hand and seal of office this the 2nd day of December, 1957. sl c. E. Culberton Notary Public in and for Nueces County, Texas , I , I . ' . ~ ~OEJA .1 -'t- I "" ... '" ., . , ~.~r L),R/V.e pl)pr I. F/~.:sr 5T/?EET , . 1 " n. I, 14- IS 1(; I . J r... , r ': -" , ,~ , r'" I ~. .~. .', '"r , ' ...,,~ .~, 'd"d 5"b";Y/ NDf ---==..-....--- ~:,:.:.~::.~......,..,: - ;~!t.:...._ _'_::::-~-::'_H' ~ ~ ~ ~ ~ ~ " ~ ~ > J :... "- ~ ~ t ~ I> , '* ~ ...~ *' , ) , "- -I ~ ... < " li *: ~ ....' < ... '" -~ 'V " " \) ~ .., , ~ :t -.. .... ~ '" ~~ I , o <'-- . ....~_ ".~~";;c ", '''-'--' ,........~:-. - - -,'" -._,.- -. -.',~- ~----- .. - ...... '~'--.., . . I C/fRANCA,H'UA O.Ay COASTAL STATES GAS PRODl~ING COMPANY 1]0 Oil Industries Bulldina . __-' " Cor:",us Christi, Texas - Plat Showing Route of Proryosed 3" Gas Line Port Alto Subdivision Calhoun County. Texas --------~----~-------- - Scale: 1" = 100' ~~ "* --.- -.,. -,,"~-.~-... ~-=P- ; /i .....~ ~--:::o.__ -=-=---~~ - ~~-- ^ -~........~- "~ ,.....-....... '-~.-----......-~--~ '..-... ~ '<--.........1 " ~~~..--..:"="'-~-......::::~ -"-_--~.""_:';,r:;..!:::'.'~,~:~4..---.~&__ _ _-~ ii' ---=:.- "'- --, ~"""- ------=-~~----~-=-----" 1 /J 'I~ r ,~~~-~ .FE.I~ '", , . ~ ;"'-,...... .;;: I 1= ...' l ~ I . 501 ~ . RESTORE FENCE-MRS. ALMA lJAJRTMA:N I The offer of Mrs. Alma HSir1mm to accept the sum of $115.00 in settlement of the County's obligation to remove and restore the fence front- ing her line on State Highway FM 2433 was ordered accepted and paid on a motion made by Commissioner Frank Wedig, seconded by Cownissioner Barton and unanimously adopted. Said sum to be paid out of the Right-of-W~y Fund. --....,;.......- - - I RIGHT OF WAY TO AGRICULTURE BLDG. & FAIR GROUNDS Whereas, to provide proper access to the Agriculture Building and Fair Grounds, the Court finds that a pUblic necessity exists that additional right- of-way be acquired over the adjacent Sternberg Estate lands. Therefore, on motion made by Clarence Barton, seconded by R. F. Kemper and unanimously carried, it is ordered that Commissioner Wedig be authorized to request the County Surveyor to make a survey and prepare field notes for such right-of-way. . . -~ - - - - DONATION IN LIEU OF TAXES-GOOSE ISh~ND WILD LIFE PRESERVE ON MOTION DULY ~~DE, secended and unanimously carried, the donation,from the Goose Island Wild Life Preserve which lies partly in Calhoun County, in the amount of $126.49 he endorsed to the Calhoun County District for deposit to its Available Fund, representing the division heretofore agreed to as the County retained a like ~ount for 1956. FM 2433-KULA CONDEMNATIDN -I On motion made by Dommissioner Wedig, seconded by Commissioner Barton and unanimously adopted, the County Treasurer was authorized to deposit with the Clerk of the County Court the sum of $130.50 and the sum of $18.00 representing the jury award to Frank, Joe and Steve Kula on the 0.29 acre tract and to Frank and Steve Kula on the Q.04 acre tract; and the Court Vosts of $56.15 in Cause No. 572 in the County Court, to be held by the Court subject to the order of Steve, Frank and Joe Kula. I il'ffiMCJRANDUJvl OF AGREEMENT. WITH PROPERTY OWNERS-FM 2433 L. J. Foester: Four wire fence, creosoted post 12' centers, adjust water trough to satisfaction. . Gulf Coast Gin: 40' pipe for added driveway to be furnished by the County. Port Lavaca, Texas November 6, 1957 Mr. Joe F. Brett Port Lavaca, Texas I P:Jear Sir: 'I I As a part of t:,e consideration for your granting a right-of-way easement .jon your home place, as set out in the easement dated the 6th day of November, A.D. 1957, the Commissioners' Court of Cal~oun County, Texas, does hereby agree at any time in the future when requested by you, your heirs or assigns, to construct a driveway from the pavement of Highway 87 to your property line furnishing forty feet of concrete pipe for each driveway as reqUired by the State Highway Department to service the land adjacent to your corner being cut off by this easement. I This agreement is to be put into the l\inutes of tl-,e Commissioners' Court lof Calhoun County, Texas at its next meeting. . Yours truly, Frank Wedig Commissioner, Prct. 1 Calhoun County, Texas. - - - - - - - - - - - - - - - - - - - - - . 10... .... ,.. 502 00 ~ ~ S; . ,Eulalia Martinez: Move house and garage. L. D. and Winnie Mae Harris: Move 2 560 gal gas tanks. AdJust'3'driveways:'--" . Mrs. Agnes Hawkins: 40' pipe to be furnished by the County for .crossing. John Krizek: Four wire fence 12' center creosot.ed Hosts. I --------- SETTLEMENT STATE HIGHWAY NO. 2433 John J. Dusek Estate, Paid by County W.F. and Mae Bond Holloman Estates, Paid by County Trustee for Mildred.Shofner, Paid by County . Joe F. and Ora S. Brett, Paid by County Mrs. Agnes Hawkins, Paid by Cou~ty Florence Clark, Paid by County Nrs. A. S. Bowers, Paid by County ._ _~ _ Edwin J. and Sadie R. Smajstrala, Paid ~y County Harry and Lera Mar Holloman, Paid by County J. E. and 11ary Boyd, Paid by County Thomas L. and Esther Boyd, Paid by County ~rs. Alma Hartman, Paid by County ~gnes Krizek, Paid by County Joe Frank Krizek, Paid by County John Krizek, Paid by County Julius Krizek, Paid by County ~ouis J. Foester, Paid by County Rudolph Geryk, Paid by County Martinez, Paid by Oounty 'Eulalia IAlfonso Borik, Paid by County iL. D. and Winnie Mal'} Harr.iJ>bP~id by County Louis and Nora Geryk, Pa~Q y GOun~y ~rank and Mary Geryk, Paid by County , r,ugust and Beulah Geryk, Paid by County ii. C. Phillips, Paid by County - - - - -"- - - - -------------- ON THIS, the lOth day of December, 1957, at a Regular Term of the Commissioners' Court of Calhoun Coun~y, Tex?s~ Miss Mary Stephens, County ~reasurer, presented her report for the month of November, 1957, and it having ~een read in open court~and the Court having duly considered the sarne together ~ith the exhibits accmnpanying sarne, and having compared balances in the ~arious accounts and finding said report to be correct, on motion duly made, ~econded and unanimously carried, the County Treasurer's Report for the month pf November, 1951, be and the same is hereby approved. ~REASURER1S REPORT FOR NOVEMBER,1957 It is so ordered. . - - - - - - - - - - - - - - - - - - - - - II l .- $ 225.00 "3;$i4.50 . 499.50 120.50 3,287.00 519.50 486.00 144.00 50.45 639.50 268.00 -- 400.50 - .- ~9_. 75 _ , 30.75 92.25 I, I . . 30.. 75 1,887.50 - 189.00.- .. _, ,93q&Q. 148.50 S4.00 18"9 .00 647; 00) 238.50 153.00 , . . . I' I . . ...oil r- 503 ..... . APPROVAL' OF BILLS I On motion by Commissioner Radtke, seconded by Commissioner Kemper and unanimously adopted, the Court approved November bills Nos. 1 thru 318 as presented by County Auditor James F. Houlihan. -------- TAX ASSESSOR-COLLECTOR'S REPORT I ON THIS, the 19th day of December, 1957, at a Regular Term of the Commissioners' Court of Calhoun County, Texas, Mrs. C. V. Guidry, Deputy, presented the Tax Assessor-Collector's Report for the month of October, 1957, and it having been read in opan court, and the Court having duly considered the same, and having the balances compared in the various accounts, f'inds ,that said report is correct; on motion duly made, seconded and unanimously carried, the Court ordered that the Tax Assessor-Collector's Report for the month of ctober, 1957, be and the same is hereby approved. It is so ordered. ------------ . MINUTES AND ADJOURm1ENT ON THIS, the lOth day of December, 1957, at a Regular Term of the Commissioners' Court of Calhoun County, Texas, on motion duly made, seconded and unanimously adopted, the Minutes of the previous meeting of December 3, 1957, were read and approved. _I v Attest: i? 'EIYI , SPECIAL DECE}ffiER TERM HELD DECEMBER 19, 1957 THE STATE OF TEXAS I o COUNTY OF CAIHOUN I . BE IT REMEMBERED, that on this the 19th day of December, 1957, there was begun and holden at the Courthouse in the City of Port Lavaca, said County and state, a Special Term of the Commissioners' Court within and for said County and State, same being the Second Special December Term, 1957, and ther e were present on this date the following off~cers of the Court, to-wit: I HOWARD G. HARTZOG, FRANK E. WEDIG, ERNEST H. RADTKE!, CLARENCE BARTON, MAURICE G. WOOD, County Judgfj) , Commissioner Pro 1, Commissioner Pro 3, Commissioner Pro 4, County Clerk, hereupon, the following orders were made and entered by said Court, to-wit: . I. D. SLAUGhTER, INDIGENT I Whereas, I. D. Slaughter, an indigent of Calhoun County died on the 8thc day of December, 1957, as a result of burns and That he received treatment at County expense, and was buried by the County at Port Lavaca, Texas, by the Rendon Funeral Home on the 11th day of December, 1957; . - ~~ - .... ...,j r504 00" 1::: ~ I'.X1 ~ . That after his death, his relatives were contacted, but because of illness and age, were unable to assist the County with these expenses and Whereas, at the time of his death I. D. Slaughter was found to have $21.15 in cash and certain househo[d tools; . . I Therefore, on motion duly made by Ernest Radt_ke, _secopded_ by ,F'r51n_k .'^'e.sJ.ig and unanimously adopted, Commissioner Clarence Barton was authorized to deposit the sum of $21.15 in the County General Fund and to have such tools appraised and sold at private sale and,deposit the funds from such sale,in the County' General Fund in order to partially repay the County for the costs of last ill- ness, ,'ambulance and burial expense of. the said indigent. ' . t I APPROVE RENEWAL BOND OF COUNTY' TREASURER , ON MOTION duly made, seconded and unanimously adopted, the Renewal Bond of County Treasurer, Miss Mary Stephens, was ordered approved. This, the 19th day of December, 1957. " - - - - - - - - - - - - - --------- THE STATE OF 'rEXAS I I COUNTY OF CALHOUN 0 REQUEST FOR HOLIDAY VACATION IN .' THE' . COMMISSIONERS" COURT Whereas, certain department heads have request~d a ruling of the Commissioners' Court as to whether or not their employees may be allowed Christmas vacation and . . _ __ _ _ _, , Whereas, under the law, the Commissioners' Court has no authority to suggest or recommend the employment of any individual by any elected official or to dictate their hours of work and that such details should be -left up to the elected officers of the County. _: ,_.' , I' ~ Therefore, on motion made by Ernest Radtke, seconded by Clarence Bar.~on and unanimously adopted, the Court suggest- tha.t each- elected- offIcIil aetermine, as provided by law, whether or not to keep their office open for the convenience of the public on any day through the holidays not set aside as a legal holiday by law,. and that a copy of- this order be made .available to the following department heads: Ed Dumas, District ,Clerk, Maurice G. Wood, County Clerk, D. B. Halliburton, Sheriff-Tax Assessor-Collector, James Houlihan, County Auditor. This the 19th day of December,A.D. 1957. . S/ Howard G. Hartzog Howard G. Hartzog, County Judge - - - - - - - - - - - - - - - INUTES AND ADJOURNMENT . ON THIS, the 19th day of December, ommissioners' Court of Calhoun County, nd unanimously adopted, the Minutes of 957, were re~d and approved. 1957, at'a Special Term of'the Texas, on motion duly made, seconded the Previous meeting of December 9, I ttest: cl~/;)- - County Judge f'~ I . l ...4