l~~
'Texas, in Precinct T_?o, 2 was approved by the Court, and contract entered into by and between
the Commissioner of Precinct P?o. 2 and aforementioned party, Motion made by Commissioner Witt, ^
seconded by Commissioner Stone and unanimously approved by the Court.
o-o-o-r,-,^,-c-o-o-o-c
?v'0. 9705 ORDER AFROVING COPiTP,ACT BF.T'a~Eid KLRR COtiNTY AND CARL D. ~Ii;L+'K FOR FUI4FIIv'~ GF WATER
FRO"n FLATROCR LAi~ AP?D AUPFi0RI7,ING CO?JIdTY JUDGE TO ,~X}?Ci1TE SAPiE TOGE`iHER ',tiITH Ai~t
AF_LICA`iION 'TO AT~~'P?D I:AT-.R FER;iIT N0. 1752
On this the lth day of Arri_1, 1964 came on to be heard and considered by the Court the
Proposed contract between Kerr County and Carl D, MFek whereby Kerr County would grant the
said Carl D, Meek the right to pump unappropriated waters not to exceed 200 acre feet per
annum from Flatrcck Lake, subject to the granting of the necessary amended permit by the Texas
hater Commission to Kerr County, the right ;ranted being for and. in consideration of the said
Carl D, Meek's wanting of a deed of conveyance to Kerr County of a land area abutting Flat-
rock Dam, the said land area tc be used for a pud is nark and recreational area; and it appear-
i.ng to the Court that it would be advantageous to Kerr County to accept the proposed offer of
Carl D, Meek as set forth in *., he proposed contract submitted this date to the Court, it is
ordered on motion by Commissioner Schwethelm., seconded by Commissioner Witt and. unanimously
approved by the Court that Kerr County enter into the proposed contract and that the County
Judge he authorized to execute the same for and in behalf of Kerr County, whereupon the said
contract shall be recorded in the minutes of this Court;
And it is further ordered that the County Judgo be authorized to execute an application
to the Texas hater Commission to amend Kerr County's existing water permit No, 1752 so as to
provide for the use of otheririse unappropriated waters from Flatrr.clt Lake for irritation
purposes, said use not to exceed 200 acre feet per annum;
And it is further ordered that the said Carl D, Meek be provided with three certified
copies of this order,
o-r,-o-c-o-c-c-c-o-e
THE STATE OF TEXAS d
C OII;QTY OF KERR G
THIS CONTRACT by and between KERR COIINTY, TEXAS, a governmental sub-division of the State .-.
of Texas, acting herein by and through its County Judge, Julius R, Neunhoffer, hereunto duly
authorized by order of the Commissioners Court of said County dated the ljth day of April, 1964.,
and recorded as Order Number 9705, in Volume I•I, at page 14b, of the Minutes of said Court,
hereinafter referred to as Party of the First Fart, and CARL D. %1EEi~, of Kerr County, Texas,
hereinafter referred to as Party of the Second Fart,
,,' I T D? E S S E T H
ir.'iL:REAS, Party of the First Part is the owner of an impoundment created on the Guadalupe
River by a Flood Control Dam constructed by Party of the First Part as Dam Site "D", such dam
being constructed by F'arty of the First Part pursuant to Permit No. 1752 issued by the State
Board of Ur'ater Engineers (now the Texas Water Commission) on the 1st day of June, 1955, and
such impoundment being corvmonly known and referred to as "F'latrcck Lake"; and
B••,T-IEREAS, the aforesaid Permit P;c, 17c2 provides for the construction of said da:!i and the
creation of said impoundment for purposes of recreation and flood control; and
':i?~yREAS, Party of the Second Fart is desirous of pumping unappropriated flood .raters from
said "Flatrock Lake ''for the purpose of irrigating lands owned by him located adjacont to and
in the vicinity of said Lake;
~~~
I~101~:, THEREFGRE, i;NODi ALL MEN DY TiIL;SE PRL'SFNTS, that, for and in consideration of the
"'~ premises and the covenants and conditions hereinafter stipulated, Party of the First Part and
Party of the Seccnd Fart mutual ly agree as follows, to-wit:
I
Party of the First Part does hereby grant unto Party of the Second Part the perpetual
-1- right tc pump a maximum of Two ??undred (200) acre-feet of unapprecriated flcod waters per year
from the aforesaid "Flatrock Lake", subject to the limitation hereinafter provided in Paragraph
V, for the purpose of irrigating lands ocaned by Party of the Second Part located adjacent to
and in the vicinity of said Lake; such lands being situated in F:err County, Texas, and describ-
ed generally as follows: 57,932 acres out of Survey No, 67, D, Schauchard; 156.1, 5l, acres out
of Survey No, 66, Ulm, Blatt, and Survey No, 65, Wm, Watt; t?,29~ acres out of Survey No. 65, Dim,
Dlatt, and 267,36 acres out of Survey No, 65, Wm. Watt, and Survey No, 66, Wm. D+att,
II
Party of the First Fart does hereby agree to make application to the Texas Water Commis-
.-. sion requesting t'-~at the aforesaid Fermat Ido, 1752 be amended to include irrigation as ono of
the _rurposes for such dam and impoundment, Party of the Second Fart agrees to bear all of
the expense incident to the preparing and filing of such application, and the securing of such
amendment to said permit, and Party of the Second Part further agrees to prepare and return
in behalf of Party of the First Fart the annual water report required by the said Texas Water
Commission,
III
Party of the Seccnd Fart covenants and agrees, as a part of the consideration moving
to Party of the First Fart, to execute and deliver to Party of the First Fart a Deed conveying
in fee simple to Party of the First Yart the following parcel of land now owned be Party of
the Second Fart, to-wi.t: Being located on the South bank of the Guadalupe River, and abutting
on the South end of said Flat Rock Dar:; being approximately 200 feet in width measured as
follows: arproximately 60 feet upstream from the center of said Dam and approximately 140
feet downstream from the center of said Dam; and extending back between parallel lines to the
,_.. North line of the relocated right-cf-way of Farm-to-i4arket Highway No. 6~9. Such conveyance
shall be mZde and accepted for the purpose of a public park or recreation area, subject to
-2- the terms of Paragraph VII hereinafter set forth and subject to tle following conditions, to-
wit: Party of the First Fart shall maintain said nroperty so that the same shall be accessible
at all reasonable times to the members of the general public, no commercial business enterprise
of any nature shall be permitted to locate and operate upon said property, and Party of the
First Part shall keep said property free of all trash, litter and debris,
IV
Party of the First Part agrees to furnish. the necessary wire and posts and Party of the
Second Fart agrees to furnish the labor in erecting a substantial fence around said prcperi;y,
Such fence shall be maintained, repaired and replaced, as necessary, by Party of the First
Part,
V
Party of the Second Part shall be permitted and shall have the right to pump a maximum
of Two Hundred (2C0) acre-feet of water per year from such impoundment, as hereinabove provid-
ed, It is specifically agreed and understood, however, that Party of the Second shall
cease to pump and use said waters at any time the flow of water over and across the spillway
of said Dam measures not more than ono inch (1") in depth, and shall continue such cessation
A @~~
of use until such time as the depth of such flow rises above one inch (1"). It is the desire
and intention of the parties to maintain and preserve at all times a spillway flow of at least ..
one inch (1") in depth; such depth being deemed and agreed by the parties to be the average
annual normal flow of said river over and across said spillway. ^_he measurement of such flow
maq be made with a common rifler raduated in inches, and shall be made at the horizontal center
of said spillway. Party o£ the First Fart, its agents and representatives, shall have the
ri.;ht at any and all times to make measurements of such. spillway flow, and tarty of the Seccnd
`rart, upon determinin? or bei.nm informed that such flow has receded to a depth of not more
thar, one inch (l '), shall immediately cease his use of such waters, and shall not resume such -3-
use until determining or being informed that said flow has risen to a depth of more than one
inch (1"),
VI
It is mutually agreed arxiunderstood that the granting of the above-mentioned amendment to
Fermit No, 1752 by the Texas 'dater Commission to include irrigation, and the granting of a
Contract Fermit to Farty of the Second Fart by said Texas Water Commission, are conditions ,.~
.precedent to this contract beccming effective and binding upon the parties hereto,
?III
It is further mutually agreed and understood that, in the event either of the aforesaid
permits is revoked, cancelled or set aside by the Texas Water Commission for any reason other
thar, a violation by Farty of the Second Fart of same restriction imposed upon him, this Contract
shall be rescinded, the above-described land shall be reconveyed to Farty of the Second cart,
less any improvements rlaced thereon b,~ Farty cf the First Fart, and said parties shall be
fully restored to their respective positions existing prior to the execution hereof.
V TI7.
This contract shall be applicable to and binding upon the heirs, szccessors, assi3ns and
legal representatives of the parties hereto.
EXECTTTED this the 13th day of April, A.D, 1964.
^_';?E STATE OF TEXAS ~
C CUNTY OF K°.RR 4
KE;RR COUNTY, TEXAS
Party of the First Fart
By: /s/ JL'LIUS R. NEUi~IHCFFER
/t/ Julius R, Pdeunhoffer,
County Judge
/s/ CARL D, ;i'n'EK
/t/ CARL D. I•ic:EK, Party of the Second
Part -(+-
PEFORE ~Cr;, the undersigned authority, in and for said County, `jexas, on this day perscnal-
ly a_~peared CAR:"_ D. r~ILEK knoVm to me to be the person whose name is subscribed to the fore-
going instrument, ar.d acknowledged to me that he executed the sa.,e for the r_urposes and con-
s;deration therein expressed,
:rTVl~;rd TiP?D_;R '~4Y F?A?'D AiJ vEAL CF OFFI:CF, This 13th day of April., A. D. 196L~,
Seal /s/ Agnes P%tacDonald
Tug STATE OF TEXAS ~
CUUiITY OF k~'RR Q
ido~ary .ubLic, Kerr County, Texas
-~
BEF~R';~1E, the undersigned authority, on this day personally appearad JULIUS R.
Nd~ZI'?';~~F7?R, County Judge of Kerr County, "_'exas, known to me to be the person and officer whose
~~A
name is subscribed to the foreSein?; inst.ru-cent, and ac'.nowl~;dged to me that he executed the
" same for the nur,,oses and consideration therein expressed, and in the capacity trcrein express-
ed, as the act and deed of said county,
GIV_'s'?I ?Jt,DER ?:,~! HAiiD AidD S:?AL OF OFFICE, This 13th day of April, A. D, 1964,
Seal /s/ Ames MacDonald
Notary Public, :err County, Texas
o-o-o-o-o-o-o-o-o-o
?d0. 9705 AeYO.RTIOP;?4I~;NT OF :jpS,000,00 FRGM ~iE1~1ERAL R~~AD AND BRIDGE FUND
On this the 13th day of April 1961+, upon motion 'lade by Commissioner Schwethelm, seconded
by Commissioner Bartel, and unanimously approved by the Court that the Ccunty Clerk and County
Treasurer be, and are hereby directed to apportion the sum of tip5,000,00 out of the General
3oad and Bridge Fund to the respective Commissioners' Precincts:
Road	and	Bridge	=t1 ---	- :;~1,700.CC'
Road	and	Bridge	''-2 ---	- ~, 850,OC
Head	and	Bridge	;r3 ---	- *+ `'SO.OC
Road	and	Bridge	{f4 ---	- ~1,500,OC
o-o-o-o-o-o-o-o-o-o
PIO, 9707 TRA??SFi'R OF :," 2, 500.00 FRO"'I ;,s'^?RAf_~ F?TPiD T C PAR°°TAT•`r;NT 1MFROVr'.':~";E°.ST FUND
On this the 13th dare of Arril 1964, upon notion made by Commissioner Sciwethelm, seconded
by Commissioner iaitt, the Court unanimously approved that the County Clerk and County Treasurer
be and are hereby directed to transfer the sum of ,;2,500,00 from the General Fund to the
Permanent Improvement Fund,
o-o-o-o-o-o-o-o-~-o
NO, 9708 mom;?SEER OF ;'15,000,00 FROi? Jb7NliRA'~ F1fi?D TO OFFICERS SB~LARY FiJPTD
Un this the 13th. day of April 1961}, upon motion mada by Commissioner Witt, seconded by
Commissioner Bartel, the Court unanimously approved that the County Clerk and County Treasurer
be and are here'oy directed to transfer tha sum of ~S,000.CO from the General Fund to the
Officers Salary Fund,
o-o-o-o-o-o-o-o-o-o
N0. 9709 READ?NG AND AIFR(iVAf ~'F MINUTi;S
On this the 13th da,y of April 1964, upon motion made by Commissioner Bartel, seconded by
Co*nmissioner Giitt, the Court ~xnanimously a proved the Minutes of Commissioners' Court of Herr
County, Texas, from pages 1111 thru 145, Volume M,
O-O-O-O-O-O-O-O-O-O
COUP,1' RECESSED April 13, 1964 at 3:30 o'clock P,M,
o-o-o-o-o-o-o-o-o-o
CO??RT COPIV3NFD li? SPECIAL SF]SSiC; April ~0, 1964 at 11:10 o'clock A.~i, with the following
officers present:
Julius R, iJeunhoffer
~;:, C, Schwethelm
Ro-T,er Stone
County Judge
Commissioner recinct 1
Commissioner Precinct 4
and the following orders were passed:
N0. 9710 APPROVAL,vF LEASE AGRE~M:'7TdT BETWEEI9` WM, rt, HCLT FTACpIN"li.RY COi~IPP.2iY AND iii;RR COliNTY,
TEXAS
On this the 20th day of April 1964, upon motion :-lade by Commissioner Schwethelm, sccnnded
by Commissioner Stone, i-t was una.r.imously a proved by the Court that the Commissioners' Court
of Kerr C unty, Texas execute a lease a=reerrent with the lJm, K, iiolt Machinery Co~npar•y for one
Caterpillar D?o. 112 °~Iotor Grader, Series i;, as per bid acce^ted on February ?_f, 1964, ana that