No. 6138. ASR'fiORIZATION FOR PAYMENT OF 3PECL9L AWARD, IN RE: OONDElRIATION PROCEEDINGS iGAINST~
MARIETTA RII.BORN, NEE fiITCED*~15.
This the.l7th day of June, A. D. 1953, came on to be considered by the Court the Speo iel
Award greaLec~ Dy the Special Commissioners in condemnation proceedings in cause X400, State of
Texas vs. Marietta Rilborn, nee Ritchenc. It appearing to the Court that the Spea ial Commiss-
ioners therein have awarded the defendant the sum of One Hundred and No/100 ($100.00) Dollars ~
and the payment of all costs incurred therein, in actor dame with Article 3267, R. C. S. The
Court is ,oP the opinion that said defendant should be paid the sum of One Hundred and Noj100
0100.00) Dollars out of R. & B. R. W. Fund F. M. 1350 for a full and final settlement es a
result of the condemnation award. Therefore, by motion duly made by Guthrie, seconded by Go1Y~
i~
and unanimously approved by the Court, that the County Clerk ~b c, and is hereby directed to dra
voucher against the County Treasurer in the amount of One Hundred and No/100 0100.00) Dollars
payable out of the R. & B. R. W. Fd. F. M. 1350, to Marietta Rilbo rn, nee Eatohena, sa a full
and final settlement of the damages resulting from judgment in the aforementioned condemnation
proceedings.
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No. 6139. APPROVAL CF CLAIMS AND ACCOUNTS.
This the 17th day of June, A. D. 1963, came oa to be considered by the Court, the claims
and eacounts filed against Kerr County, since June 10th, 1953, egalnat the General Fund and R.
& B. //1 Fund. It appearing to the Court that said claims are true and just and should be sl-
lowed out of the respective Pund s. Therefore, by motion duly made by Goff, aeaonded by Powell,
and unanimously approved bg the Court, and the County Clerk be and is hereby directed to draw
vouchers against the County Treasurer on both claims filed in like amounts therefor, payable
out of the respective funds to the parties entitled thereto.
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No. 6140. FIXING OF RATES FOR USE OF COTINT7 MACHINERY FOR 507E CONSERVATION, IN RE: ARTICLE
2372c, Revised Civil Statutes.
This the 17th dab of June A. D. 1953, came on to be determined by the Court the necessity
to fix a uniform basis which the County Commissioners shall asaeea and/or charge each lead own-
er and receive therefrom arch compensation for services rendered for the conservation of the
soil by the use of County machinery as provided under Article 2372c, R. C. S. It appearing to
the Court that an equitable rate for the use of such machinery should be fizad at ~B.00 per
hour for the use oY each maintainer, $3.00 per hour for the use oY eeah highloader, and X2.50
it per hour for the use of eeah trunk, with an operator furnished by the County to operate such
~i equipment. The receipts therefor should be deposited to the R. & B. Fond of each Commissioner'
'I respective receipt. Therefore, by motion duly made by Powell, aeaonded by Guthrie, end unan-
imousl9 approved by the Court that the Pollaw i.ng rates Da fixed in accordance with Article
2372c, R. 0. 5., is the co naervet ion of the soil by use of road machinery, to-wit: X5.00 per
hour for the use of each maint airier; f3.00 per .hour for the use of eeah highloader; sad $2.50
per hour Yor the use of each truck, with an operator furnished by the County to operate such
equipment. The County Clerk end County Treasnrer be and are hereby directed to deposit the rs
Il ceipta for such service to the Road & Bridge Fnad of the respective Commissioners performing
such service.
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II NO. 6141. GRANTING APPLICATION AND ENTERING INTO A CONTRACT FOR TERRACING FITZSIMONS FARDf.
This the 17th day of Tune, A. D. 1953, came on to be considered Dy the Court, the applica•
u
t ion of Floyd Clarl;, soti.ag for and in the capacity of H. A. Fitzsimons, end as Foreman there-
of, for the terrao ing of Fitzsimons Ferm, under the provia ions of Article 23720 of the Ravisat
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Civil statutes of t719Stgta of Texas. Wherefore, the Courtin isiformed by ~Commiaeioaer of
Preainot #1, that equipment of suoh precinct would be available for suoh terracing ea of the
18th day of Jura, 1953 ,. and until such pro3eot is completed, as the use of sash egnipment is
not needed on the County roads at this time. It appearing to the Conrt that a ao ˘traot should
be entered into with Mr. Fitzaimonsand that the Commissioner thereof should be authorized to
proceed with suoh terracing. Therefore, by motion duly made by Guthrie, seconded by Bartel,
and unanimously approved by the Court that the following application should be eaoepted and
that a oontract be executed and entered into and that the prooeeda therefrom shall be charged
and/or assessed against H. A• Fitzsimons, in accordance with the fixed rates and manner sat by
this Court. (The application and oontract entered as follows, to-wit:)
Commissioners' Court, gerr County, Texas,
%errville, Texas
Dear Sirs:
Ea accordance with the prow isio˘s oY Article 23720 oY the Heviaed Civil Statutes oY Texas
I would like to have you come upon my land at Fitzsimons Farm lower Bandera Rd, for the purpos
of terracing, or ditching the same. I will pay you the standard county charge for such work
toward the conservation of the fertility of my land. I believe that thin work would be for
some public benefit end ask that you do so find.
RespectYUlly yours,
R. A. Fitzsimons
Hy Floyd Clark Forama˘
STATE OF TEXAS,
COONTY OF %ERR. {
%err County sating through her Commissioners' Court, hereinafter celled Party of the F
Part, and H. A. Fitzsimons, noting by Floyd Clark, his Foremen, hereinafter celled Parts of
the 9eco nd Part, aontraa is as Pollows:
I
Party of the First Part, in consideration of the hereinafter mentioned undertaking (or
payment) of the Party of the 9eaoad Part agrees to Stern Sete county machinery to Party of the
Second Part for those uses as net forth in accordance with Art Sole 2372c of the Revised Civil
Statutes of the State of Texas, charging for suoh use of maintainer, highloader and truck at
8.00, 83.00 and X2.50 Dollars per hour, respectively, with operator furnished by Party of the
First Part.
II
Party of the Second Part, in consideration of the hereinbafore mentioned undertaking (or
payment) of the Party oP the First Part agrees to pay the county for Lhe use of maintainer,
highloadar, end truck machinery at the rate of $8.00, $3.00, and $2.50 Dollars per hour, res-
peotivaly.
WITNE93 our hands this 19th day of Jude A. D. 1953.
Jno. H. Leavell County Judge
~I
L. M. Guthrie Commissioner, Precinct ~1
P. D. Powell Commissioner, Preo Snot ~2
Adolph Bartel Commissioner, Precinct $3
Party of the First Part- Lee Goff Commissioner, Precinct ~4
Party of the Second Part - B. A. Fitzsimons, By Floyd Clark, Foreman
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Pic. 6142. AVIEORIZATION OF PAYPiENT OF $1189.80 FOR RIGHT OF AAY OF E. C. PRITCRETT.
This the 17th day of June A. D. 1953, Dame on to be presented to the Court an eaeouted
contract oP E. C. Pritchett end wife, in respect to an agreement made between the Commiesio