9 ~ No. 3173. APPORTZON:dr:NT OF $10,000.00 OF THE GENERAL ROAD & BRIDGE FUND OF KERR COUNTY
This the 9th day of July, A. D. 1945, be and it Ss-ordered~by the Caprt~~t bat $10,000.00
^ of the unap por ti oia d Road ti: Bridge r'unde of Kerr fount y, be hereby app orti onld and cred it ad to
the respective Commissioners' Precincts of Kerr County, in the following pr oportiona, viz:
To R & B Fund of Precinct No. 1, 35yL - - - - - - - $3500.00
To H & B Fund oY Precinct No. 2, 15$ - - - - - - - $1500.00
To R & B Fund of Precinct No. 3, 15~' - - - - - - - $1500.00
To R & B Fund of Precinct No. 4, 35~ - - - - - - - i~3500.00
And the County Clerk shall credit the account of each of said precino is with the amount theret
apportioned hereunder.
-o-o-o-o-o-o-
No. 3174. TRANSFER OF $1,000.00 ?ROtd ROAD 8 B1?IDGE (/1 TO ROAD AND DRIDGE //2
This the 9th day of July, A. D. 1945, the County Olerk of Kerr County be and he is hareb
directed by the Court to transfer the sum of ;?1,000.00 from the Road and Bridge fund !/1 to the
iioad '- Bridge Fund ~/2, for the purpose. of balancing the road account when taken in connection
with the Bend era Road job, on the minutes of the respective precincts of the Ledger Accouata o
I his of Pica.
_ \ -o-o-o-o-o-o-
V No. 3175
The State oP Texas,: ORDER OF C05QdISSI ONLi25' COURT, KERB COUNTY, TELA.i
HEGULAF2 I~ETINC, JULY 9TH, 1945.
County of K a r r .. The Commiasiones a' Court of Kerr County, Texas, met in Regular
Seasi on, July 9th, A. D. 1945, et the Courthouse of Kerr County in the City of Kerrville, T
at 3:00 o'elook F-. td., with the following members present, to-wit:
JOHN S. ATKIN5, County Judge
13enry En kstein, Commissioner of Precin of No. One
Roy Nowlin, Commissioner of Yreoinot No. ltvo
iYilliem Karger, Commissioner of Precinct No. Three
T. J. I3oore, Commiss ioner of Pr scinct No. Four
Jno. R. Leevell, County Clerk, end %%x-of Pielo Clerk oP
County Commissioners' Court, rlhen and where the following proceedings were had, to-wit.:
Upon motion made by Commissioner 3enry :n kstein duly seconded by Commissioner 'Nm. Barger
the following action was taken: ,
BE 1T OiiDERED by the Commissioners' Court of Kerr County, that John d, Atkins, County
Judge of Kerr County be and he is hereby author lzed to enter Snto and execute for end on behalf
of Karr County en afire ement with the Mate of Texas wherein Karr County will agree to waive and
relinquish any and all rights Kerr County and/or road district has or may have for participat-
ion by-the State in the payment of any County and/or ro ed diatr iota bonds, warrants, or other
avid ens ea of indebtedness incurred by Karr County and/ar road distr int in the construction, re-
conatruotion, or maintenance of the county road Prom Hwy. 27 in Center point to Came Verde
(Approx. 6.6 Mi.) upon oond it ion the HSghw6y Commiasi on of the State of Texas will designate
such road es a farm-t®-market road as contemplated by S. B. No. 348, ibis oP the Forty-Eighth
Legislature, 1943, and conatruc t, rea vnstruot, and/or maintain the game flt the sole Cost and
..expense of the State as a part of the designated highway system of 2eaas; that the designation
of the road by the Aighwey Commission shall never Porm the basis oP a claim for partic ipatio~
by the State in the payment oP any County and/or road di atr iot bond a, warrants, or other evid-
ences of indebted ne se against said road; to agree to remove or abate any and all encroachments
or encumbrances on said road or right-of-v+ey at the sole ea pence of the County before its desiF
ation by the Highway Commission, end to further agree to obtain and Pence its eapease any new
or additional right-of-way on location approved by the Mate Highwav Egg inner et env time the
same should be cons id er a(~,~ggoaesary or desirable to the proper maintenance, c one truction, or ' !~ a
reoonstruct ion of said road es a part of the Sta to systom; to agree to indemnify sad save harm
1
less the St eta Prom all claims, demands, actions or causes oY actions arising Prom or growing t of
or damage to property resulting in any manner Prom the construction or maintenance of such roe
either prior to or after the designation of s mh road as a highway, which have accrued or may
accrue prior to the_t ime such highway is reconstructed by the State. In consideration of wh is
agreembnbp, waivers, and covenants on the part of the County, the State shall agree to designs
the County Haad from Hwy. 27 in Center 1-oint to Camp Verde (Approx. 6.6 mi.) as a farm-to-mark
road and to construct, reaonstruc t, and/or maintain the same at the sole coat snd eapense o2
the State as a part of the eye tam of designated highways of Texas as contemplated and set fort
in Chapter 1, Title 116, and Chapter 186, General Lawa of the Regular Session of the '~irty-
Nihth Legislature and amendments thereto.
Upon vote being taken, the foregoing order was passed, the me mbera present voting as
fo11oN S:
STATE CF TEYAS
Yes
eery Ec to
Ye s
oS' owl n
Ye a
m. rger
Yea
ore
COUNTY OF TRAVIS This agreement made this 9th day of July, 1945, by and between the State
of Texas through the State Highway Commission hereinafter called the State, party oP the First
Yart, and the County of Kerr hereinafter called the County, Yerty of the Second Part, acting
by and through its duly authorized County 7udg e. WITNESSETH:
`pfIi:REAS, Senate Bill No. 348, enacted by the Forty-Eighth Legislature of Teaas, in re-
gular session and approved by the Governor of Teaas on May _, 1943, provides that the State
H1 sway Commission is autho rizad to designate any county road in ttue `State ae a farm-to-market
road for purposes o2 cone trot tion, reconstruction, and maintenance only, provided the Commis-
sioners' Court of the County in w.iich such oounty road is located shall pass and enter in its ^!
minutes an order waiving any rights such County and/or road die tr iot may have for participat-
ion by the estate in the payment of any indebtedness incurred by the County and/or road distric ,
in the con atr uet ion oP suoh county road, and, provided further, that the State Highway Commis-
sion and the Commies ionar a' Court of the County may enter into a c mtreat setting forth the
duties of the State in the con struation, recona trot tion, end maintenance of the County road in
consideration of the County relinquishing and waiving any and ell claims that it has or may ha
Yor participation by the State in the payment of County and/or road diatr ict bonds, warrants,
or other evidene ea of indebtedne sa outstanding against such road for the oonatruo tion or im-
provement of the road before being designated by the State Highway Commission; and
Wi~REA3, Karr Couaty seeks to have its road from Hwy. 27 in Center Yoint to Camp Verde
(Approa. 6.6 Mi.) designated by the Highway Commission es a farm-to-market road and t9tan over
for ¢auetruo tion, reco na true tion, or ma iota na nee ea is he re inaf tar provided by the ~ezas High-
way Commission; end -.
WfiEREAS, the County represents to the State that it hoe pa seed an order waiving any and
all rights such County and/or road district has or may have for pa rt lc ipation by the Stet e~in
the payment of any County and/or road district bonds, warrants or other evidenoea of indebted-
ness incurred by the County and/or road die tr ict in the construction, reco ns true lion, or main-
ounty road end further that such
3 of the said court and that the same is embodied herein in full and made a part of this agree-
ment for all purposes; and
.-. '.YHEREAS, the Teaea Highway Commission is agreeable and willing to designate such road es
a farm-to-market road and to oonstr uct, reconstruct end to maintain the same as conditions end
finances may permit or require at the sole cost and cap ease of the State conditioned upon the
full compliance by the County with the prow isi one and requirements of Sehate Bill Ido. 348 here
above referred to end such other and further conditions as may be hereinaPt er more fully set
out.
AGuwx't~rtcam
For and in consideration oP the covenan ta, agreements, and waivers herein contained to
be mutually kept and performed it is and er at ood and agreed by and between the parties hereto:
RESPONSIBILITY OF THE COUNTY:
1. That Lhe County hen passed and entered of record in its official minutes in Volume
No. "J", page 93, the following order: Regular Meeting, July 9th, 1945. The Commisaione rs'
Court of Karr County, Teaea, met in Regular Session,July 9th, A. D. 1945, at the Courthouse oP
Kerr County in the City of Kerrville, Taaas, at 3:.00 o'clock P. M., with the Following members
present, to wit: John S. Atkin a, County Judge; Henry Eckstein, Commissioner of Precinct No
One; Ro,- Nowlin, Commissioner of Yreoinct No. Two; 7V111ism Karger, Commissioner of Precinct
No. Three; T. J. Moore, Commissioner oP Precinct No. Four; Jno. R. Leav ell, County Clerk, nad
rk-officio Clerk of County Commissioners' Court, when and where the Following proceedings were
had, to-wit:
Upon motion made by Commissioner 3enry Eckstein duly seconded by Commies toner NNm. Karger
the following action was taken;
BE IT ORDERED by the Commiaslon era' Court of Kerr County that John 5. At kin a, County
dodge of Kerr County be end he is hereby authorized to enter into and eaec ute for and on be-
half of Kerr County an agreement with the State of Teaea wherein Kerr County will agree to
waive and relinquish any and all rights Karr County and/or road district hen or may have for
participation by the State in the payment of any County and/or road district bond a, warrants,
or other evidences of indebtedness ins ur red by Kerr County and/or road district in the conatru t-
ion, reconstruc Li on, or maintenance of the county road from Hwy. 27 in Center Point to Camg
Verde (Approx. 6.6 W+i.) upon condition the Highway Commission of Texas will designate suoh
road as afarm-to-market road as ccnt empla tad by S. B. No. 348, Acts oP the Forty-Eighth Legis
let ur e, 1943, and construct, reconstruct, and/or :aaintain the same at the sole cost and aspens
of the estate es a part of the designated highway system oP Teaea; that the designation of the
road by the Highway Commisai on shall never form the basis of a claim for participation by the
Mate in the payment of any County ahd/or road district bonds, warrants, or other evidences of
indebtedness against said road; to agree to remove or abate any and ell encroachments or en-
cumbranoes on said road or right-of-way at the sole expense of the County before its designat-
ion by the dighway Commission, and to Pur ther agree to obtain and fence at its expense any new
or edditio nal right-of-way on location approved by the State H16hway Engineer et spy time the
same should be considered necessary or desirable to the proper maintenance, oonstruction, or
reconstruction of said road as a pert of the State system; to agree to indemnify and save harm
less the State from all claims, demands, actions or causes of ac tiona arising from or growing
'I out oP or damage to property resulting in any manner from the construction or maintenance of s
road either prior to or after the designation of such road ea a highway, which have aocraed or
may accrue prior to the time such highway is reconstructed by the 9tat a. In consideration of
which agreements, waivers, and covenants on the part of the County, the State shell agree to
designate the county road from Hwy. 27 in Center Point to Camp Verde (Approx. 6.6 i:ii.) as a
farm-to-market road and to construct, reconstruct, and/or maintain the same at the sole coat
and eapenae of the State as a part of the system of designated highways of Tezas sa contemplat
and set forth in Chapter 1, Title 116, and Chapter 186, General Laws of the Regular Session of
the'Thir ty-Ninth Legislature and amendments thereto.
;s '
Upon;Ckote being taken, the foregoing order was Passed, the members present voting as
Poll ows:
enr y to n
oy Nowlin
i1m. gar
Yes
Yes
Yes
Yea
:oore
2. That the County agrees to and does hereby waive and rel inq uiah any and ell claims it has
or may have for participation by the State in the payment of any and all County and/or road di
rict bonds, warrants, or other evidences oY indebtedness outstanding ego in at ouch road for the
construction or improvement of the road before being designated ea a farm-to-market road by the
State ighway Commission and further, that the designation of the road by the Highway Commies io
shall never form the basis oY a claim Yor partic ipaLioa by the State in the payment oY any Coun
or road district bonds, warrants, or other evideraea of indeb tedne as against said road.
3. That the County agrees to remove or abate any and ell enc rosohments or eno umbranc es on said
road and the right-of-way thereof at its sole eapenae and before designation by the Highway Con
mission, and the County fur then agrees to obtain and fence any new or additional right-oY-way
upon request of the State on location to be approved by the State Highway Engineer oho uld same
be considered necessary or desirable to the proper maintananae, construction, or reconstructior
of said road as a pert of the State system.
4. That the County agrees to indemnify and save harmless the State Prom any and all claims,
demands, actions, or causes of actions arising Prom any defects in the title o1 right-oi-way
and Yrom or growing out of or damage to property resulting in any manner from the conatruo tion
or maintenance of such road either Prior to or after the designation of sunk road as a highway,
which have accrued or may accrue prior to the time such highway is reconstructed by the State.
RESPONSIBILITY OF THE STATE:
1. In consideration oP which agreements, waivers, and covenants to be faithfully kept au
performed by the County, the State agrees to designate the oounty road Prom Hwy. 27 in Cea ter
Foist to @amp Verde (Approa. 6.6 ;di.) as a Parm-to-market road and to oonstruct, reaonatruot,
and/or maintain the same at the sole coat and ezpen se of the State as a part oP the system of
designated highways of Teaas sa contemplated sad set forth in Chapter 1, Ti tla 116, and Chapter
186, General Lawa of the Regular Session of the Thirty-Ninth Legislature and amendments theret~
Maintenenae on the ea is tine road will not be assumed until such tiros as sufficient improvement
has been made to Suet iYy adequate ma inteeance. COUNTY OF BERR
ATTEST:
County Clark, err unty, etas.
APPROVED;
B
ounty udge, Herr ounty, Baas.
T:'D; STATE OF TEXAS
Chairman, tote Highway o~ as on
Member, tote - ghway omm as on
DJamber, State Highway omm ssion
APPROVED AS TO FORM:
B
ota a Hig riway near
APFROVAL RECOMMENDED:
s r c sneer
~~

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