Q~Q7 road which would be a benefit to the community as a health measure in the ca:oe of sickness or accident while or during a high water flood over the low water bridge which prevents any com- munication to the community. Wherefore the court having considered the aforementioned pet- ition, feel that it would be beneficial to the community providing that all ls~nd owners agree willingly to furnish a forty foot right of way at no cost to Kerr County for a distance of approximately two miles, and that the expense of extending said roadway should be bore out of Road & Bridge Precinct #3 when such funds become available; therefore by motion duly made by Powell, seconded by Goff and unanimously approved by the court, that CommjLssioner Molter be, and is hereby authorized to build a second class road beginning from the Cherry Creek Road and extending through to Hermansons Road at a distance of approximately two miles prov- iding the land owners agree willingly to furnish at least a forty foot right of way at no cost to Kerr County, when such funds become available in Road & Bridge Precinct #3, and due and payable therefrom. -o-o-o-o-o- No. 5595. FINAL SETTLEMENT ON .105 OF A MILE F(7P FENCING AT X600.00 PER MILE;, ON FM #1338. ~- This the 15th day of April, A. D. 1952, came on to be considered by the court the complet- ion of the erection of .105 mile of fence performed by J. M. Egan along his property on the Farm to Market Road FM #1338, and it appearing to the court that said owner i.s entitled to $63.00 out of the Road & Bridge Right of Way Fund FM #1338 and that a voucher should be issued at this time; therefore by motion duly made by Goff, seconded by Molter and unanimously appr- owed by the court that proper conveyance has been made by Mr. J. M. Egan and that he has erected .105 of a mile of fence and the County Clerk be and is hereby directed to issue vouc- her in amount of $63.00 payable to J. M. Egan against Road & Bridge Right of Way Fund FM #1338 in full and final settlement thereof. -o-o-o-o-o-o- No. 5596. ORDER NUNC PRO TUNC FOR CANVASSING TRUSTEE SCHOOL ELECTION AS OF APRIL 14, 1952. This the 15th day of April, A. D. 1952, came on to be considered by the court, an over- sight of entering an order on April 14, 1952 when the Commissioners Court canvassed and tab- ulated the School Trustee Election Returns as shown in Volume 3, Page 6, of the Minutes of Election and failed to allow the compensation due the officers that held such. election, and it appearing to the court that an order should now be entered nunc pro tune as of April 14, 1952, that such returns were properly tabulated and convassed and as shown by the election minutes thereon as set out in Volume 3, Page 6. Therefore by motion duly made by Powell, se- conded by Goff and unanimously approved by the court that the minutes as set out in Volume 3, Page 6, are true and correct tabulations of the returns of the Trustee School election held on April 5, 1952, and that this order be entered nunc pro tune as of April 14, 1952, being the date such proceeding was actually had. -o-o-o-o-o-o- No. 5597. APPOINTMENT OF EMIL. BATHGE, ASSOCIATE JUDGE OF ELECTION PRECINCT #12, AS A VACANCY OCCURS. This the 15th day of April, A. D. 1952, came on to be considered by the court the vacancy now existing in Election Precinct #12, of an associate fudge as the fudge previously appointed, Drew Forrester, has changed his residence to the Goat Creek Community, and it appearing to the ~ court thawt a necessity exists that an associate fudge be allowed tc fill such vacancy; there- fore by motion duly made by Goff, seconded by Molter and unanimously approved by the court that the office of associate fudge of election °recinct #12 be declared vacant and that Emil Bathge be and is hereby appointed in such capacity to fill the unexpired term of the said e~i~ Drew Forrester. -o-o-o-o-o-o- r-. No. 5598. COURT RECESSED TUESDAY, APRIL 15TH, 1952 AT 6:30 O'CLOCK P. M. UNTIL WEDNESDAY ~ APRIL 16, 1952 AT 10:00 A. M. -o-o-o-o-o-o- No. 5599. COURT RECONVENED APRIL 16, 1952 AT 10:00 A. M. Pursuant to adjournment taken by this court on April 15, 1952 at 6:?0 o'clock P. M.,, the following officers being present, to-wit: Honorable Jno. F. Leavell,.....County Judge Henry Eckstein .................Commissioner Precinct #1 V. D. Powell ...................Commissioner Precinct #2 Chas. H, Molter ................Commissioner Precinct #3 Lee Goff .......................Commissioner Precinct #4 Earl Garrett ...................Sheriff and Lawrence Ste phens ..............County Clerk and the court having reconvened, the following matters were had to-wit: -o-o-o-o-o- No. 5600. COUNTY JUDGE AUTHORIZED TO ENTER ORDER OF CONDEMNATION PROCEEDINGS NO. 379, IN THE COUNTY COURT. This the 14th day of April, A. D. 1952, came on to be considered by the court, the re- Guest of John R. Leavell, County Judge, to enter an order or confirm the acticns of the special commissioners authorized in Cause #379, entitled "State of Texas vs. J. P. Swayze, et u~:" and to award said defendant the damages of ffi504.00, and it appearing to the court that such condem- nation secured 0.151 of an acre of land more or less for right of way purposes, and that; the special commissioners awarded said defendant 9504.00 with the cost of court to be paid out of Kerr County Road & Bridge Precinct #1, including the cost of the special commissioners therein; therefore by motion duly made by Goff, seconded by Eckstein and unanimously approved by the court that the County Judge be and is here authorized to enter an order as County Judge in Cause #379, entitled "The State of Texas vs. J. P. Swayze and wife," and to give said defendants the sum of X504,00 for the 0.151 of an acre to be used for right of way purposes, and that the County Clerk be and hereby is directed to issued voucher in like amount payable to said defendants and that the bill of cost be prepared and chargeable against Road & Bridge Precinct #1, Kerr County, Texas, to cover the damage, special commissioners fee and all other costs incurred herein. -o-o-o-o-o-o- No. 5601. TRANSFERS. This the 16th day of April, 9. D. 1952, after motion having been duly made by Eckstein, seconded by Goff and unanimously approved by the court, that the following amounts be transferred to the various funds: 1. X397.34 .`rom Road ~ Bridge Fund to Road & Bridge Right of ~(ay Fund Hwy. #39, to cover deficit in said fund; 2. $658.88 from Road & Bridge Right of Way Fund FM #1340 to Foad & Bridge Fund for an excess in said fund. 3, .$1181.89 from Road & Bridge Fight of Way Fund FM #1341 to Road & Bridge Fund, for an excess in said fund; that said funds be declared closed on the financial ledger of the court. that the County Clerk be directed to transfer same. -o-o-o-o-o-o- No. 5602. TRANSFER OF $4499.87. This the 16th day of April, A. D. 1952, after motion having been duly made by Eckstein,