any CoµgL~por road distr iot bonds, warrants, or other evidences of ind abttd ne ss ego in st said
road.
3. That the Couhty egre es to remove or abate any and all en cr oechmants or encumbrane es
on said road and the right-of-way thereof at its sole eapenae end before des iP,natioa by the
Highway Commission, and the County further agrees to obtain and fence any new or additional
right-cf-way upon reo,uest of the Mate nn location to be ap pr owed by the State Highway Engine a:
shoubd same be considered necessary or desixa ble to the proper maintenance, aonstr action, or
reconstruction of said road as a part of the State System.
4. That the County agrees to indemnify end save harmless the State from any and all cla li
demands, actions, or causes of actions arising from any dePec is in the title of right-of-way
and from or growing out of or damage Lo property resulting in any manner Prom the construction
or maintenance of such road either prior to or aP ter Lhe de signaLinn of such road as a highway
which have accrued or may ec cr ue prior to the time such highway is reoonstruated by the State.
RESF~ONSIHILITY OF THE STATE:
1. Zn consideration of which agreements, waivers, and covenegts to be faithfully kept
and performed by the County, the State agrees to designate the oounty road it cm Hwy. 27 N. iN.
of Ingram N, to•rdard Ras ervation Community (Appr oa. 9.0 M1.) as afarm-to-market road and to
construct, reconstruct, and/or maintain the same at the sole cost and expense of the State as
a part of the system of designated highways of Teaas as Conte dated and set forth in Chopper
1, Title 116, and Chapter 1A6, General Laws of the Regular Session of the Thirty-Ninth Legis-
lature and amendments thereto. Maintenance on the ezis ting road will not be assimed until
such time as sufflc iant improvements has been made to ~uatify adequate maintenance.
ATTEST: COUNTY OF KERR
County Clerk, err ount y,,e xa s.
By
Cou7l y Judge ,Karr ounty, es as
AYPROVE'D: THE STATE OF TEXAS
h~l'man, State Highway ommis si on
bar, State 1 way omm ss i0h
Member, eta to Highway ommissi on
APPROVED AS TO FORM:
assistant Attorm y enera
By
State - ghway ear
APPROVAL RECOMD~NDED:
D str et near
-o-o -o-o-o- o-o -
No. 3177. ORDER OF COMPdISS IONEIRS' COIIftT
$ERR CODtdTY, TEXAS-
Regular plea ying, July 9th, 1945, The Commissioners' Court oP Kerr Couat y, Teaas, met in
Regular Session, July 9th, A. D. 1945, at the Courthouse of Kerr County in the City of Kerr-
ville, Texas, at 3:00 o'clock p.m., with the following members present, to-w 1t:
JOHN S. pTKIN9, - - County Judge
Henry Eckstein, -	- Commissioner	oP	Fr ec inet	No.	One
Hoy Nowlin, - -	- Commissioner	of	rrec inet	No.	Two
~N ill ism Karger, -	- Commies Toner	of	Yr ecinct	No.	lhree
T. J. Moore, - -	- Commissioner	oP	ireoinet	No.	Four
Jno. R. Le avell, - County Clerk, and I.z-ofPiaio Clerk of County
Commissioners' Court, when and where the follow ing proceedings were had, to-wit:
Upon motion made by Commissioner Henry 1%ckste in, duly seconded by Commissioner Wm. Karger
Lhe following eotion was taken:
98
--,
v
-1
9 C BE IT ORDERED by the Commissioners' Court of Kerr County t hlt John S. Atkins, County
7 Judge of Kerr County be and he is hereby authorized to enter into end execute for and on be-
half of Kerr County an agreement with the State of Texas wherein Kerr County will agree to
~ waive and relin4uish any end ell rights Karr County and/or road district has or may have for
participation by the State in the payment of any County en Q/or road district bonds, warrants,
or other evldenoea of lndebtedness incurred by Kerr County and/or road district in the con-
atruoti on, reeonstr uc tion, or ma intenm ce of the County road from Hwy. 16 S. E, to Camp Verde-~
Kerrville Rd. (Approx. 6.3 .iii.) upon condition the High•,vay Commission of the State of Texas wi
designate such road as a farm - to - market road as contm:plated bq S. H. No. 348, Ae to of the
I
Forty-Eighth Legislature, 1443, and construct, rec onatruct, and/or maintain the same at the
sole cost and expense oP the State as fl part of the designated highway system of Taxes; that t
designation oP the road by the :Iighway Co~iasion shall never form the basis of a Claim fOr
participation by the State in the payment of any County end/or road district bonds, warrants, '.
or other evidences of indebtedness against acid road; to agree to remove or abate an9 and all
encroachments or encumbrances on said mad or right-of-way at the sole expense n4 the County
- before its designation by the Highway Commission, and to Further agree to obtain and fence at
its expense any new or flddit io nal right-of-way on location approved by the Sta to ?ighway Engine
at any time the same should be considered necessary or desirable Lo the proper maintenance,
construction, or reconstruction oP said road as a part of the .?ta to System; to agree to in-
II de,.~nify and save harmle sa the State from all claims, demands, actions or causes of actions
arising fmm or growing out of or damage to property resulting in any manner Prom the constru-
ction or maintenance of such road either prior to or aP ter the designation of s ~h road es a
highway, which have ecor ued or may accrue prior to the time such highway is reconstructed by
the State. In consideration of whl ah agreements, waiver a, and covenants on the part of the
County, the State shall agree to designate the county raid from Hwy. 1B S. $. to Camp Yarde^
Kerrville load (Approx. 6.3 Mi.) as a farm-t o-market road and to construct, reconstruct, and/
or maintain the same et Lhe sole cost and exp enae of the State as a part of the system of de-
signated highways of Texas as contemplated and set forth in Chapter 1, Title 11E, and Chapter
186, Cen oral Laws of the Regular Session of the `dirty-Ninth Legislature and amendments therat
Upon vote being taken, the foregoing order was passed, the members present voting as fol-
lows: Yes
enry eksta n
Yea
oy No
Yes
'I~ ~ m, rger
N Yea
I~ oor e
STATE OF TH7CAS _
CavN-ry of TRAVIS: This agreement made this 9th day of July, 194 5, by and between the State of
Texe s, th rough the State Highway Co~isslon hereinafter celled Lhe State, Party of the First
Part, and the County of Kerr hereinafter called the County, Party of the Second Part, ac t1~ b
and through its duly authorized Couatq Judge.
NI'INESSETH
MiEREAS, senate Bill No. 348, enacted by the Forty-Eighth Legislature of Teaas in regular
session and epprov ed by the Governor of Texas on May _, 1943, provides that the State High-
way Commission is authorized to deaigneta any County Road in the 3ta to as afarm-to-market roe
for purposes oP construction, reconstruction, and meinten once only, provided the Comnisai mere
Court of the County in which such county rosd is located shell peso and enter in it,s minutes e
,. _.: ,._ ..._: _., __ .._.. ..: ,.... .. ......w n..,,..~., and/or road district may have Por nart;einets ~n by the
State in the payment of any indebtedness incurred by the County and/or road diet rict in the ~ ~ O
construction of sunh county road, and, provided further, that the Stato Highway Commission and
the Commissioners' Cu art of the County may enter into a Contract setting forth the duti ea of
the State in the constr ue tion, reconstruction, and maintenance of the county road in c msider-
ation oP the County relinquishing and waiving any and all cladms that it has or may have for
particl pats on by the 3ta to in the payment of County and/or road district bonds, warrants, or
other ev idanc es of ind ebtednesa outstanding against such road for the construction or improve-
me nt of the road befo xe being designated by the State Highway Commisa ion; ahd
YVHEREAS, Kerr County seeks to have i ffi road Pr on Hwy. 16 S. E. to Camp Verde-KerrvSIle
xoad (Appr ar. 6.3 PGi.) deaig Hated by the Highway Commission as a Perm-to-market road and taken
over for cone tr action, reconstruction, or im intenanoe as it+ here inapt ar provided by the Teaas
Highway Commission; and
',^,'i1EREAS, the County represents to the State that it has pesaed an order waiving any and
~,' all rights such County and/or road district has or rosy have Por participation by the State in
the payment of any County and/or road district bonds, warrants or other evidences oP indebted-
ness incurred by the County and/or road district in the oonetruc Lion, reconat tact ion, or rosin- -~
tenance oP surh county road and Purther that sic h order has been entered in the of Pic iel minut
of the said court end that the same is embodied in Y all and made a part oP this agreement Por 1
p urposea; sad
+~iF.REAS, the Taxes Highway Commission is agreeable and wi 111 to designate such road ea
afarm-to-market road and to construct, reconstruct, and to maintain the same as conditions an
finances may permit or require at the sole cost and ez penes of the State conditioned upon the
fail compliance by the County with the prow isiona and requirements of Senate Bill No. 348 here
inabove referred to and such other and Purther Condit ioha as may be hereinafter more Pul ly set
out
AGREEI.J'',NT
For and in cu ns ider at ion of the covenant a, agree~nta, end waivers herein contained to be
mutually kept arH pe rPormed it is understood end agreed by and between the parties hereto:
REST OISSZBZ..I TY OF THE COUNTY:
1. That the Gounty has passed and entered of reoord in its off ieiel minutes in Volume No -~
J, page 100, the following order: Regular Pdeeting, Julq 9th, 1945. The Commis sio~rs` Court
oP aerr County, Texas, met in Regular Session, July 9th, A. D. 1945, at the Courthouse of Kerr
County in the Gity oP rierrvil le, Texas, et 3:00 o'c to ok p. m., with the Yollow ing members pre-
sent, to-wit: John S. Atkins, County Judge; 3enry Eckstein, Commissioner of Freci nct No. One;
Roy Nowlin, Commissioner of Precinct No. Two; ?fill ism Barger, Commissioner of Precinct No.
Three; T. J. Idoore, Commissioner of Frec inet No. Four; Jno. R. le even , County Clerk, and Da- ,
of Picio Clerk oY-County Commies ioner a' Court, when and where the following proceedings were ha
to-wit: L'pon motion made by Gommiss ioner 3enry Lekste in duly seconded by Commissioner "iVm. Kan r,
the following action was taken:
BE IT ORDERED by the Commissioners' Court of Kerr County that John ~. Atkins, County Judg
of Kerr County be and he is hereby authorized to enter into end execute Por and on behalf oP
Kerr County an agreement with the State of Texas wherein Kerr Corm ty will agree to waive and
relinquish any and all rights Kerr County and/br road district has or may have Por partic ipat io --.
by the Sta to in the pe yment oP any County and/or road district bonds, wary eats, or other ev lde es
of indebtedness incurred by Kerr County and/or road district in the construction, reoo nstr~ct io ,
or maintenance of the county road Prom Hwy. 16 S. E. to Cemp Verde-Kerrville Road (Approa.6.3 .)
upon conk tion Lhe Highway Commission oP Teaas will designfl to such road as afarm-to-market ro
as contemplated by S. B. No. 348, m is of the Forty-Eighth Lag islature, 1943, and constr act, re
~ Q ~ oonatr uc t, and/or maintain the same at the sole coat end expense of the State sa a part of the
designated highway system of Teaas; that the deaig nation of the road by the Highway Commission
shall never form the basis of a claim f ~ participation by the State ill the payment of any
County and/or road district bonds, warrants, or bffi~9er evidem es of indebtedness age inst said
road; to agree to remove or abate any and all encroachments or encumbrances on said road or
right-of-way et the .sole eapense of the County before its designation by the Highw fly Commisa io
and to further agree to obtain end fence et its expense any new or addit local right-of-way on
location approved by the State Highway Engineer at any time the same should be considered nets
sary or desirable to the proper mein tenants, construction, or reconstruction of said road as s
part of the State system; to agree to indemnify and save harmless the Mate from all claims,
demands, actions or causes of ac ti one arising from or growing out oP or damage to nronerty re-
sulting Sn any manner fmm the con et ruct ion or maintenance of such road either prior to or aft
the deaig mti on of such road as a hig hwe y, which have accrued or may accrue prior to the time
such highway is reconstructed by the State. In consideration oP vdi ich agreements, waivers, an
covenants on the part of the County, the State shall agree to designate the ccunty road Prom
- Hwy. 16 S. E. to Camp Verde-Kerrville rtoad (Approx. 6.3 Ai.) as a farm-to-market road and to
construct, reconatr uc t, and/or main ffiin the same at the sole cost and eapehae of the State as
a part of the system oP designated highways oP Texea as contemplated and set forth in Chapter
~ 1, Title 116, and Chapter 186, General Laws oP the fieg ular Session of the Thirty-Ninth Leg1s-
lature and ems ndme nts thereto. Upon vote being taken, the foregoing order was passed, the
members present voting as Poll ow a:
Yes
em'y ak ste n
Yes
oy ow n
m. rger
Yea
Ye s
oore
2. That the County agrees to and does hereby waive end relinquish any and a ll claims 1t
' has or may have for participation by the State in the payment oP any and all County and/or roe
district bonds, warrants, or other evidences of indebtedness outstanding against such road for
the construction or improvement of the road before being designated as a farm-to -market road
by the State Highway Commission and fhrthe r, that the designation oP the road by the Highway
Commission shall never form the basis of s claim for participation by the State in the payment
of any County or road district bonds, werr ant s, or other evidences of indebtedness against sei
p road.
3. That the County agrees to remove or abate any and all encroachma nts or encumbrances
on said road and the right-of-way thereof at its sole expense and before designation by the
Highway Commlesl on, and the County Further agrees to obtain and fence any new or additional
right-of-way upon requ eat of the State on location to be approved by the State Hig hwey Eng ins e:
should same be considered necessary or desirable to the proper maintenance, construction, or
reoon strut ti on oP said road sa a pert of the State system.
4. That the County agrees to indemnify and save harmless the State Prom any and all cla ii
demands, ec ti on a, or causes oP actions erisi ng Prom any dafec to in the title oP right-of-way
and from or graving out oP or damage to property resulting is any manner from the con atr ucti on
or maintenance of such road either prior Lo or after the designation of such road ass hABh-
way, which have accrued or may accrue prior to the time such highway is reconstructed by the
State.
f2ESl ONSZHI LITY OP' TfH':
1. In c m aideration of which agreements, waiver e, and co vanenta to be faithPlilly kept as
performed by the Count„ the State agrees to designate Lhe county road from Hwy. 16 S. E. to
Camp Verde-%errville Road(Approa. 6.3 Eii.) as a farm-to-market road and to construct, reconstr
and /or.mp:intain the saws at the sole coat and expense of the State sa a part of the system of
desigm tad highways of Texas as contemplated and set fcP th in Chapter 1, Title 116, and Chapte~.
18fi, General Laws of the Regular Session of the Thirty-Ninth Legislature and amendments ther et
Maintenance on the eais tang road will not be assumed until each time as sufficient improvement
has been made to dust lPy adequate meintenanc e.
ATTEST:
County Clerk, r ounty, Teaas.
APPROVED:
COUNTY OF %ERR
By
County udga, rr ounty, Texas.
THE SPATE OP '"EYAS
hatr'man, tote i way omm sa on
em er, State ighwey omm ea on
er, tats ig way omm es on
APPROVED AS TO FORhf:
nss stant,~ attorney Hera
Hy
State 18 way ng near
APPROVAL RECOl9/~ENDED:
tr o ng near
-o-o-o-o-o-o-o-o-o-
The foregoing minutes Prom page 88 to 102, inclusive, were read in open Court and Pound
correct and are hereby in all respects approved by the Court, this the 13tH dqV of August,
::. D. 1945.
aTTEST: ~ ~ ~t4•
C1erk,Co n y our rr oun y,Texsa. J ge, ounty our ,I err ounty,,'ezas.
- o-o-o-o-o-
THE STATE OF TEXAS,:
COUNTY OF K E R R .. BE ZT RELr>uMBERE D, Thet on this the 13th day oP Augu at, A. D. 1945, th
was begun and holden a ~iegular Term oP the Commissioners' Court of Kerr County, at tho Court
House thereof, in the town of iCe rrville., Texas, officers present:
JOHN S. ATKINS, - - - - - - - - - County Judge,
?6 NRY ECKSTEIN, - - - - - - - - - Commissioner Frecinet No- 1,
ROY NO;JLIN, - - - - - - - - - - Commissioner Precinct No. 2,
WM KARGER, - - - - - - - - - - - Commie sinner Precinct No. 3,
T. J. MOOHE, - - - - - - - - - - Commissioner Preoiact No. 4,
n. F. idoore, Sheriff and Jno. R. Leavell, County Clark, and the Court having been regularly
opened, the following proceedings were had, to-wit:
-o-o-o-o-o-o-o-
No. 3178. ALLOWANCE OF CLAILS AND ACCOUNTS
This the 13th day of August, A. D. 1945, came on to be eaamined by the Court, the various
clai me end accounts Siled against %err County end its' respective Commissi onera' precincts
since the last Cerm of the Court, ell of which claims and ao counts were approved by the Court
for payment by the County Clerk in amounts and out of respective Punds es shown by the Minutes
of Accounts allowed for %err County, Teaas, which are made apart of this order.
-o-o-o-o-o-o-o-
No. 3179. APPROVAL GF R:Ot7THLY REP Oi2T OF JffiTICE OF THE FEACE OF PRECINCT N0. 1.
t,
/ O ~,
This the 13th day oP August, A. D. 1945, came on to De examined by the Court the monthly
report of Bob Bennett, Sua tiae oP the Peace oP Frec inet No. 1, of Kerr-County, Texas, Por the