C,~' ORDER OF COMMISSIONERS' COURT, IGIii2 COUNTY, TEYAS Regular W[ae ting, July 9th, 1945. The Commissioners` Court of Kerr County, Tessa, met 1n'Re- gular Session, July 9th, A. D. 19 L5, at the Courthouse of Kerr County, in the City of $err- _______, villa, Texas, et 3:00 o'clock, p. m., with the following members pre aen t, Lo-wit: I r'~ John S. Atkins, - - County Judge, 3 I1IIY'" Henry Eok stn in, - - Commiesio net of Frec last No. One Roy Nowlin, - - - Commis aioner of Precinct No. Two .Yilliam Barger, - - Commissioner of 1'r ecinot No. Three T. J. Moore, - - - Commissioner of Precinct No. Four Jno. R. Leavell, -County Clerk, and Ea-officio Clerk oP County Commi as ions rs' Court, when and where the following proceedings rusts Dad, to ~v it: Upon motion made Dy Commissioner Idenry Eckstein duly seconded by Commissioner Nm. Karger, the following eotion was taken: BE TT ORDERED by the Commies loners' Court oP Kerr County that John S. Atkins, County Judg of Kerr County be and he is hereby authorized to enter into and oxoc ute for and on behalf of ~- Kerr County an egreeme nt with the State of Tesas wherein Kerr County will agree to waive and i relinquish any and all rights Kerr County/and or road die trlet has or may have for participat- ion by the State in the payment of any County and/or road district bonds, warrants, or other evidences of Sndebte dna ss incurred by Barr County and/or road district in the construction, re construction, or maintenance of the County road from Hwy. 27 N, W, of Ingram, S:. to Ward Reset vation Community (Appr oa. 9.0 M1.) upon condition the Highuvay Commiasi on of the State oP Tesas will designate such road as a farm-to-mar kat road as contemplated by S. B. No. 348, Ac is of th Forty-L ighth Leglslature, 1943, and construct, reconstruct, and/or maintain the same as the sole cost sna expense of the State as a part of the de signs tad highvs y system of Te ass; that t designation of the road by the Highway Commission shell never form the basis of a claim Por participation by the State in the payment of any County end/or road district bonds, warrants, or other evidences of Sndebtedn ens against said road; to agree to remove or abate any and all encroachments or encumbrances on said road or right-of-way et the sole saps nse of the County before its designatior: by the Highway Commission, end to further agree to obtain and Pence its expense any new or additional right-of =;,ay on location approved by the State Highway Engineer at any time the sa[m should be considered necessary or desirable to the proper maintenance, co str uc ti on, or reconatructi on of said r ~ d as a part of the State System; to agree to indemnify and save harmle sa the State from all claims, demands, actions or causes of actions arising Pro or growing out oP or damage to property resulting in any manner from the construction or main- tenanee of such road either prior to or after the deal gnation of such road as a highway, which have eo trued or may socrue prior to the time such highway is reconstructed by the State. In cons ideratlon o2 which agreements, waivers, and c wens nts on the part of the County, the State she 11 agree to designs to the county road f mm Fiwy. 27 N. W. of Ingram North toward Reservation Community (Appr oa. 9.0 Mi.) as a farm-to -market road and to construct, reconstruct, and/or maintain the same at the sole ooat and sap ease of the State as a part of the system of design- ated highways aP Tesas sa aontempl ated end set forth in Chapter 1, 'title 116, and Chapter 186, General Lawa oP the Aegular Session of the Thirty-ninth Legislature and amendments thereto. IIpon vote being taken, the Por eg oing order was passed, the members present voting as follows: Yes eery okste In Yes coy avl n Yes (Wm. Karger) ~ ~ Yea ~ 4(. T. Dore STgTE OF TEXA4 CCUNTY CF TRAVIS This agreement made this 9th day of July, 1945, by and between the State I of Texas through the State Highway Commission hereinafter called the ~t ate, Party of the First Fart, end the County of Kerr hereinafter called the County, Party of the deco nd Part, acting b end through its duly authorized County Judge. '+YI TNESSETH ,JHr:REAS, Senate Bill No. 348, enacted by the Forty-Eighth Legislature of Texas in regular ~', session end ep proved by the Governor of Texas on May _, 1943, provides that the 3tete Highway! Commisai on is authorized Lo design,te any county road in the State es a farm-to-market road for.. purposes of construction, reconatr uc tl on, end ma in tenanoe only, provided the Commissioners' Court of the County in which such county road Sa loaeted shall pass and enter in its miyiutes an order waiving any rights such County and/or road district may have for participation by the State in the payment of any indebtedness incurred by the County and/or road distr iot in the cos struc ti on oP such county road, and, pro vidYd further, that the State Highway Commis aion and the Cormnisa inners' Court oP the County may enter into a contr sot setting forth the duties of the State in the construction, recona tructi oa, and maintenance of the County road in consideration of the County relinquishing end waiving any and all claims that it hos or may have for pa rticip ati on by the State in the payment of County and/or road district bonds, warrants, or other evidences oP indebtedness outstanding against such road for the construction or improve ma nts of the road before being designated by the State Highway Commission; and 1YHEHEAS, Kerr County seeks to have its road Prom Hwy. 27 N. W. oP Ingram N, toward Reser- vation Community (Ap~rox. 9.0 Mi.) designated by the H16hway Commission ea a farm-to-market roa~ and taken over for construction, reoonstr action, or maintenance as is hereinafter provided by the Teafls Highway Commission; and 'AREAS, the County represents to the State that it has passed an order waiving sny and all ri ghLS such County and/or road district has or may have for part is ipaLion by the State in the payment of any County and/or road district bond e, warrants or other ev ideno ea of indebtedne ihcu rred by the County and/or road district in the con struo ti on, reconstruction, or maintenance oP such county road end further that such and er has been entered in the official minutes of the snid court and that the same is embodied herein in full and msde a part oP this agreement for all purposes; and 'NHE:REAS, the Texas Highway Commission is agreeable and willing to designate such road as a farm-to-market road and to construct, re conatru at, and to maintain the same es conditions and finan cas taay permit or require at the sole cost and expense of the State aonditi oned upon the full compliance by the County with the provisions and requirements of Senate Bill No. 348 here- imbove referred to and such other end further conditions as may be hereinafter more fully set out. A G R E E P.1 E N T For and in Dons ids rat ion of the covens rts, agreements, and waivers herein contained to be mutually kept and pe rf ormad it is and er stn od and agreed by and between the part ins hereto: fiESI~~ONSIBILITY OF THE CCUNTY: 1. That the County hsa passed and entered of record in its Of finial Minutes in volume No, J, page 96, Lhe following order: Reg ulcer Heating, Suly 9th, 1945. The Commissions re' Court of Karr County, Tease, met in Regular session, July 9th, A. D. 1945, at the Courthouse of %err -~ County in the City of Kerrville, Texas, at 3:00 o'cloo k, p. m., with the fallowing me mbera pre- sent, to-wit: John S, Atkins, County Judge; Henry Ea ks fain, Commisa inner of 1'r ecim t No. Ong; 6 ^ Roy Nowlin, Commiasion~ of Precinct No. Two; William Karger, Commissioner of Pr ec inat No. Thr l •/ T. J. Moore, Commissioner of irec inet No. Four; Jno. R. Le avell, County Clerk, sad Ex-oifio io .-- Clerk of County Commisai oners' Court, when and where the following prooeedings were had,to wit: IIpon motion made by Commission Henry Rekstein duly seconded by Commissioner Wm, Rarger the following as tion was taken: BE IT ORDERED by the Commissioners' Court of Kerr County that John S. At kln s, County Judg of Derr County be and he is hereby authorized to eater into and exenute for s~ on behalf of Kerr County en agreement with the State of Tea as wherein Serr County will agree to waive end relinquish any and all rights Kerr County anfl/or road district has or may have for pa rtia ipatio by the State ir. the payment of any County end/or road district bonds, warrants, or other evade es of indebte dneas incurred by Rerr County and/or road district in the construction, rec onatrueti or ma in tens nca oP the county road Prom Hwy 27 N. W. of InP.ram N. toward Reservation Community (Approx. 9.0 N,i.) upm condition the Hig hwaq Comr..iss ion of Te ass will designate such road as a farm-to-market road as contemplated by S. H. No. 348, .ia is of the Forty-Eighth Legislature, ^ i 1943, and construct, reeonstr uc t, and/or maintain the same et the sole coat and expense of the dtate as a part of the designated highw av system of Teaas; that the designation of the road~by the dighway Commission shall never form the basis of a claim for pe rtic ipa tion by the Sts tE in the payment of any County and/or road district bonds, warrants, or other evidences of indebted ss against said road; to agree to remove or abate any and all encroachments or encumbrances on said road or right-of-way at the sole expense oP the County before its desig n.~tl on by the High- way Commission, and to further agree to obtain and fence at its ea pense any new or additional right-of-way on location eppr ~~~d by the State 3lghway ingineer at aqy time the same should be considered necessary or desirable to the proper main tenence, construction, or reconstruction of said road as a part of the State syate m; to agree to indemnify and save harmless the State Prom all claims, demands, ac ti one or aauaes of actions arising Prom or growing out of or damage to property resulting in any manner from the construction or maintenance of such road either prior to or after the designation of such road as a highway, which have accrued or may acorue prior to the tlme such highway is reconstructed by the State. In consideration of which agree men ts, waivers, and covens nta on the part oP the County, the :hate shall agree to designate th~ county road from Hwy. 27 N. W. of Ingram N. toxand Reservation Community (Approa.9.0 Ki.) as a farm-to-market road and to Iona tr ue t, reconstruct, and/or ma ant ein the same at the sole cost a: expense of Lhe State as a part of the system of designated hag hva ys of Texas as Conte m~latec} e; I set forth in Chapter 1, Title 116, aad Chapter 186, General Laws of the ,ieg ular mess ion of the Thirty-IJ inth Legislature and amendments thereto. Upon vote being taken, the foregoing order was passed, the members present voting as fol- lows: Yes eery ackate a Yea oy Now n _ Yea m, rger Yes or e 2. That the County agrees to and does hereby waive and relinquish any and all claims it has or may have for participation by the State in the payment of any and sll County and/or roe district bonds, ws rrant s, or other evidences of igiebtedness outstanding against such road 2or Lhe construction or improvement of the road before being designated es a farm-t o-market road b'. the Mate 3ighway Comvis9lon and further, that the desigretion of the road by the Highraey Com- mission shall never Porm the basis of a claim for participation by the state in the rs yment of any Cotygty or road distr iot bonds, warrants, or other evidences of indabtadne as against said 9 g road. 3. That the County egre es to remove or abate any and all encroachments or encumbrances on said road and the right-of-way thereof at its sole expense and before designation by the Highway Com