Brown, Jr., property line, which fence shall conai at of heart cedar posts set 25 feet apart ~I with 3 heart cedar stays between and 832-12-12 1/2 net wire with 3 barb wires; and in addi- I tion, one 12 foot metal entrance gate will be in et alled south of Verde Pase at a point table to the property owners and the Texas Highway Department; and It is further ordered that the Clerk end the Treasurer be authorized to draw a voucher on the 689 No. 2 Right-of-Way Fund in the amount o£ $1,500.00 payable to Ralph K. Langley and Tommie Jean Langley, Kerr County having been advised that J. W. Stocksbury, et ux, as lienholdere, have agreed to e xecute a partial release as to the 1.833 acres of land concerns without participating in the compensation offered to be paid, with the said voucher to be delivered upon receipt of the duly executed Right-of-Way Deed and Partial Release of Liens. ~~J ~Gijj~ L~ o-o-o-o-o-o-o-o-o-o COURT RECESSED January 9r 1967 at 4:30 o'clock P.M. o-o-o-o-o-o-o-o-o-o CGURT RECONVENED January 13, 1967 at 11;00 o'clock A.M., with the following officers present: Jul tus R. Neunhof£er County Judge W. L'. Schwethelm Commissioner Precinct 1 C. D. Burney Commissioner Precinct 2 Roger Stone Commissioner Preoinet 4 ~~ and the Court having duly opened, the following proceedings were had: N0. 10428 APPROVAL OF CLAIMS AND ACCOUNTS On this the 13th day of January 1967, came on to be examined by the Court the various ', claims and accounts against Kerr County and the respective Commissioners Precincts since ~ the last term of Court, which claims and accounts were approved for payment by the Clerk ', and Treasurer, in amounts and out of Road and Bridge No. 1, Road and Bridge No. 2 and Gene r. ~~ Road and Bridge, as shown in the P1lnutes of Accounts Allowed on Psge 1051, Voucher Aos. ~I 17163 thru 17166 , whi rh were made a part hereof end of this order. 'i Motiori made by Commissioner Schwethelm, seconded by Commissioner Stone and unanimously approved by the Court. '. o-o-o-o-o-o-o-o-o-o COURT RECESSED Janus ry 13, 1967 et 11:15 o'clock A.M. o-o-o-o-o-o-o-o-o-o N0. 5819 CLINTON D. BURNEY IN THE DISTRICT COURT OF YS. CLINTON "MEL" SALLEE JUDGMENT KERR COUNTY, TEXAS SECOND 38TR JUDICIAL DISTRICT Came on the 5th day of January, 1967, to be heard the above styled and numbered cause, it having been specially set for trial on this date; and Marvin Blackburn, Jr., the duly elected Judge of the Second 38th Judicial District of Texas, celled said case for trial. And thereupon the Contestant, Clinton D. Burney, being present 1n person and by hie atto rneye of record, announced ready for trial; and the Contestee, Clinton "Mel" Sallee, being present in person and by his atto rneye of record, announced ready for trial, find no jury being demanded by either part, all matters oY Pact as well as of law were submitted to the Court, who then heard the pleadings read, the evidence and argument of counsel, and the stipulations of the pa rtiea, finds that: Contestee was certified by the County Commis- aione ra Court of Kerr County. Texas. as elected to the office of County Commissioner, Precinct No. 2, Karr County, Texas, Dy a total vote of 249 for Conteetee and 248 total. vote !` for Contestant; that three voters intended to vote for Contestant, which voters re aide~.d outside the precinct where they voted and such vot ee are ilia gal and should be subtra c~t ed from the total received by Contestant; that nine voters intended to vote for Conteat ee~, which voters resided outside the precinct where they voted and such votes are illegal and should be subtracted from the total votes received by Conteetee. The Court further £i.nda after a recount requested by joint motion of Conteetee and hie attorneys of record and. Contestant and hie atto rneye of record, that Conteetant, Clinton D. Burney received a total of 238 votes for County Commiealoner, Precinct No. 2, Kerr County, Texas, and Conteste:e, Clinton "Mel" Sallee received a total of 235 votes for County Commissioner, Precinct Ago. 2, Kerr County, Texas, in the general election held November 8, 1966. -1- It is, therefore, ORDERED, ADJUDGED and DECREED by the Court that the Contestant, Clinton D. Burney, be and he is hereby declared to be the duly elected County Commisai.oner of Precinct No. 2, Kerr County, Texas. _ It is further ORDERED that a copy o£ this judgment, certified to by the clerk of this court be transmitted to the County Commissioners Court, Kerr County, Texas, and to the: Secretary of State of Texas, and that ell other write neoeasa 1l' to effect this judgm en.t be issued. The coats of this proceeding are adjudged against Conteetee, Clinton "Mel" Sallee, for which execution may issue. To which action o£ the Court the Contest ee, Clinton "Mel" Sallee, in open court e•r ed and gave notice of appeal to the Court of Civil Appeals. Signed this the 16 day of January, 1967. /s/ Marvin Blackburn, Jr. /t/ Marvin Blackburn, Jr., Judge _p_ APPROVED AS TO FORM: Sam Darden and Carroll Cleo Heston, Attorneys for Conteetant. By /s/ Cleo Heston Robert R. Barton and Darrell G. Locht e, Attorneys for Conteat ee. By /s/ Robert R. Barton Filed 16 day o£ Tan. A.D. 1967 at 10:15 o'clock p.M. /s/ Ed Hones Clerk Di et rict Court, Kerr County, i'exa9 Recd. Vol. 13, Page 447 THE STATE OF TEXAS ) COUNTY OF KERR 4 I, Ed Hones, Clerk o£ the Se oond 38th Judicial Di et rict Court, Kerr County, Tezaei, do hereby certify that the above end foregoing ie a true and correct copy of Judgment in Cause No. 5819 Clinton D. Burney ve. Clinton "Mel" Sallee as the same appears on files in Vol. 13, Page 447 in my office. IN TESTIMONY WHEREOF, I have set my hand and official seal of office, thls the lfith _ day o£ January, 1967. (Seal) Ed Hones, By: /s/ Mary Brooks Deputy Ed Hones, Clerk of the Second 38th Judicial District Court Kerr County, Texas Filed 18 day of Jen. A.D. 1967 .~u /a/ Emmie M. Muenker Texas