COURT CONVEr1ED IN SPECIAL SESSION OCTOBER 15, 1971 at 9:45 o'clock A.M., with
the following officers present:
Julius R. Neunhoffer ^,ounty Judge
W. C. Schwethelm Commissioner Precinct No. 1
Roger Stone ^,ommissioner Precinct No. 4
and the Court having duly opened, the following proceedings were had:
N0. 11456 ORDER AMENDING ORDER N0. 11,447 RELATIVE TO INVESTrSENT OF SURPLUS FUNDS OUT
OF HIGHWAY 16 RIGHT-OF-WAY FUND
On this the 15th day of October, 1971, came on to be heard and considered by the
Court the matter of amending Order No. 11,447 as entered by the Court on the 12th day of
October, 1971, which order authorized the investment of surplus funds in the Highway 16
Right of Way Fund in U. S. Treasury Bills; and
It appearing to the Court that the Chas. Schreiner Bank will pay a higher rate of
interest on a Certificate of Deposit than the U. S. Treasury Bills proposed to be purchased
would currently yield and that such Certificate of Deposit would be protected by Kerr County's
current Depository Pledge Contract r,overing funds of Kerr County on deposit with the Chas.
Schreiner Bank, it is ordered on motion by Commissioner Schwethelm, seconded by Commission-
er Stone and unanimously approved by the Court that Order No. 11,447 as entered on the 12th
day of October to be amended so as to provide that the sum of $40,000.00 out of the Highway
16 Right of Way Fund be invested in a Certificate of Deposit (Time Deposit) with the Chas.
Schreiner Bank at an interest yeild of 5~ per annum, and that said Certificate of Deposit
shall be for a period ending June 1, 1972;
And it is further ordered that the County Judge be authorized to sign any necessary
matters relative hereto and that the Clerk and the Treasurer be authorized to draw a proper
voucher in the amount of $40,000.00 on the Highway 16 Right-of-Way Fund to effect the afore- 0~'~(v
y~.~ .
said investment with the Chas. Schreiner Bank.
o-o-o-o-o-o-o-o-o-o
COURT ADJOURNED OCTOBER 15, 1971 at 9:50 o'clock A.M.
o-o-o-o-o-o-o-o-o-o
The foregoing minutes from pages 257 thru 262 were read in open Court and found
correct and are hereby app~ryoved this 8th day of November 1971.
ATTEST ~j`yy~•yL~ o ~"/ ~~o~~.~~.f ~ _
ounty Clerk, Kerr Coun y~ C un y Judge, Kerr Cou , exas
o-o-o-o-o-o-o-o-o-
Re: Order No. 1144 - Page 258
Texas Highway Department
Form D-15-38
Page 1 of 5
Rev. 10-64
CONTRACTUAL AGREEMENT
FOR
RIGHT OF WAY PROCUREMENT
(COUNTY FORM)
STATE	OF	TEXAS	~
COUNTY	OF	TRAVIS	~
COUNTY Kerr
PROJECT 8015-1-30
HIGHWAY State 16
This agreement entered into this 29th day of October, 1971, by and between the State of
Texas, acting by and through the Texas Highway Department, hereinafter called the State,
and Kerr County, Texas, acting by and through its duly authorized official under Commission-
ers Court Order dated 12th day of October, 1971, hereinafter called the County.
WHEREAS, the State has deemed it necessary to make certain highway improvements on State
Highway No. 16 from F. M. 689, South of Kerrville, South to intersection with F. T1. 1273,
and which section of highway improvements will necessitate the acquisition of certain right
of way, and
WfiEREAS, it is agreed that such right of way purchase shall be by joint effort of the State
-- and the County;
NOW, 'T'HEREFORE be it AGRr;ED that acquisition of such right of way shall be in accordance
with the terms of this contract. The State hereby authorizes and requests the County to
proceed with acquisition and the State agrees to reimburse the County for its share of the
cost of such right of way providing such acquisition and reimbursement are accomplished
according to the provisions outlined herein and agreed to by both parties hereto.
LUCATIUN SURVEYS AND PREPARATION OF RIGHT OF WAY DATA: The State, without cost to the County,
will do the necessary preliminary engineering and title investigation in order to supply
to the County the data and instruments necessary to obtain acceptable title to the desired
right of way.
DETERMINATION OF RIGHT OF WAY VALID-~:S: The County agrees to make a determination of property
values for each right of way parcel by methods acceptable to the County and to submit to
the State's District Office a tabulation of the values so determined, signed by the appropri-
ate County representative. Such tabulations shall list the parcel numbers, ownership,
acreage, and recommended compensation. Compensation shall be shown in the component parts
of land taken, itemization of improvements taken, damages, if any (offset by enhancements,
if any,) to the remainder, if any, and the amounts the total compensation will be reduced
if the owner retains improvements. This tabulation shall be accompanied by an explanation
to support the determined values, together with a copy of information or reports used in
arriving at all determined values. Such work will be performed by the County at its expense
without cost participation by the State. The State will review the data submitted and may
base its reimbursement on the values as determined by this review. The State, however,
reserves the right to perform at its own expense any additional investigation deemed
necessary, including supplemental appraisal work by State employees or by employment of fee
appraisers, all as may be necessary for determination of values to constitute the basis
for State reimbursement.
Form D-15-38
Page 2 of 5
Rev. 1G-64
If at any stage of the project development it is determined by mutual agreement between the
State and the County that there should be waived the requirement that the County submit to
the State property value determinations for any part or all of the required right of way,
the County will make appropriate written notice to the State of such waiver, such notice
to be acknowledged in writing by the State. In instances of such waiver, the State by its
due processes and at its own expense will make a determination of values to constitute the
basis for State reimbursement.
DIEGOTIATIUNS: The State will notify the County as soon as possible as to the State's
determination of value. Negotiation and settlement with the property owner will be the
responsibility of the County without participation by the State; however, the County will
notify the State immediately prior to closing the transaction so that a current title
investigation may be made to determine if there has been any change in the title. The
County will deliver properly executed deeds which together with any curative instruments
found to be necessary as a result of the State's title investigation will properly vest
title in the State for each right of way parcel involved. The costs incidental to negotia-
tion and the costs of recording the right of way instruments will be the responsibility of
the County. The cost of title investigation will be the responsibility of the State.	
CONDEMNATION: Condemnation proceedings will be initiated at a time selected by the County	
and will be the County ~ responsibility at its own expense except as hereinafter indicated.	
The County will obtain from the State, without cost, current title information and engineer-	
ing data at the time condemnation proceedings are to be initiated. Except as hereinafter	
set forth, the County will concurrently file condemnation proceedings and a notice of lis	
pendens for each case in the name of the State, and in each case so filed the judgment of	
the court will decree title to the property condemned in the name of the State. The County	
will accomplish the legal procedures and curative matters found to be necessary as a result	
of the State's title investigation, fulfilling the obligation to properly vest title in the	
State of Texas. The County may, as set forth herein under "Excess Takings", enter condemna-	
	
tion proceedings in its own name.	
COURT_COSTS, COSTS OF SPECIAL COl~iISSIONERS' HEARINGS AND APPRAISAL EXPENSE• Court costs	
and costs of Special Commissioners' hearings assessed against the State or County in con-	
demnation proceedings conducted on behalf of the State, and fees incident thereto, will	
be paid by the County. Such costs and fees, with the exception of recording fees, will	
.~
be eligible for 50 per cent State reimbursement under the established reimbursement pro-	
cedure provided such costs and fees are eligible for payment by the State under existing	
State law. Where the County uses the State's appraisers employed on a fee basis in Special	
Commissioners' hearings or subsequent appeals, the cost of the appraiser of updating his	
report, of preparing new reports, preparing for court testimony and appearing in court to	
testify in support of his appraisal will be paid direct by the County, but will be eligible	
for 50 per cent State reimbursement under established reimbursement procedure provided	
prior approval for such appraiser has been obtained from the State. The fee paid the	
appraiser by the County shall be in accordance with the fee schedule set forth in the	
appraiser's contract for appraisal services with the State.	
EXCESS TAKINGS: In the event the County desires to acquire land in excess of that request-	
ed by the State for right of way purposes, the State's cost participation will be limited	Form D-

to the property needed for right of way purposes. If the County elects to acquire the	15-38
Page 3 of
	5
entire property, including the excess taking, by a single instrument of conveyance or in	Rev.
	10-64
one eminent domain proceeding, the property involved will be acquired in the name of the	_.
County and that portion requested by the State for right of way will be conveyed to the	
State. When acquired by negotiation, the State's participation will be based on the State's	
approved value of that part requested for right of way purposes, providing such approved	
value does not exceed actual payment made by the County. When acquired by condemnation,	
the State's participation will be in the proportionate part of the final judgment amount	
computed on the basis of the relationship of the State's approved value to the State's pre-	
determined value for the whole property.	
IMPROVEMENTS: Property owners will be afforded an opportunity in the negotiations to	
retain any or all of their improvementis in the right of way taking. In anticipation of	
the owner desiring to retain his improvements, the State's approved value will include the	
amounts by which the upper limit of State participation will be reduced for the retention.	
It is further agreed that the upper limit for the State's participation in the County costior	an
improved parcel will be reduced as sriown in ti:e State's approved value where the owner	
retains an improvement which is to be moved by either the County or the owner. In the	,,.,
event the improvements which are, in whole or part, a part of the right of way taking are	
not retained by the owner, title is to be secured in the name of the State. The State	
will participate in the acquisition of a structure severed by the right of way line if the	
part of the house, building or similar structure outside the right of way cannot be re-
constructed adequately or there is nothing but salvage left, provided the State's value
is established on this basis and provided title to the entire structure is taken in the
name of the State. The State shall dispose of all improvements acquired. The net revenue
derived by the State from the disposition of any improvements sold through the Board of
Control will be credited to the cost of the right of way procured and shared with the
County.
RELOCATION OF UTILITIES: If the required right of way encroaches upon an existing utility
located on its own right of way and the proposed highway construction requires the adjust-
ment, removal or relocation of the utility facility, the State will establish the necessity
for the utility work. State participation in the cost of making the necessary change, less
any resulting increase in the value to the utility and less any salvage value obtainable,
may be obtained by either the "actual cost" or "lump sum" procedures. Reimbursement under
"actual cost" wi7.l be made subsequent to the County's certification that the work has been
completed and will be made in an amount equal to 50 per cent of the eligible items of cost
,,,, as paid to the utility owner. The "lump sum" procedure requires that the State establish
the eligibility of the utility work and enter into a three party agreement with the owners
of the utility facilities and the County which sets forth the exact lump sum amount of
reimbursement based on a prior appraisal. The utility will be reimbursed by the County
after proper certification by the utility that the work has been done, said reimbursement
to be on the basis of the prior lump sum agreement. The State will reimburse the County
in an amount equal to 50 per cent of the firm commitment as paid to the utility owner.
The foregoing is subject to the provision that the individual lump sum approved value shall
not exceed $20,000, except as specifically approved by the State. In those cases where a
single operation is estimated to exceed $20,000, the transaction will be brought to the
attention of the State for determination of proper handling based upon the circusistances
involved. Such utility firm commitment will be an appropriate item of right of way. The
adjustment, removal or relocation of any utility line on publicly owned right of way by
sufferance or permit will not be eligible for State reimbursement. The term "utility"
under this contract shall include publicly, privately, and cooperatively owned utilities.
Form D-15-38
Page 4 of 5
Rev. 10-64
FEhTCING REQUIRED~NTS: The County may either pay the property owner for his existing right
of way fences based on the value such fences contribute to the part taken and damages for
an unfenced condition resulting from the right of way taking, in which case the estimated
value of such right of way fences and such damages will be included in the recommended
value and the approved value, or the County may do the fencing on the property owner's
remaining property.
Where the County performs right of way fencing as a part of the total right of way con-
sideration, neither the value of existing right of way fences nor damages for an unfenced
condition will be included in the recommended value or the approved value. State participa-
tion in the County's cost of constructing right of way fencing on the property owner's
remainder may be based either or, the actual cost of the fencing or on a predetermined lump
sum amount. The State will be given credit for any salvaged fencing material and will not
participate in any overhead costs of the County.
If State participation is to be requested on the lump sum basis, the State and the County
will reach an agreement prior to the actual accomplishment of work as to the necessity,
eligibility, and a firm commitment as to the cost of the entire fencing work to be perform-
ed. The foregoing is subject to the provision that the lump sum approved cost shall not
exceed $20,000, except as specifically approved by the State. In case the fencing is
estimated to exceed 520,000, the transaction will be brought to the attention of the State
for determination of proper handling based upon the circumstances involved.
REIMBURSEP~NT: The State will reimburse the County for right of way acquired after the
date of this contract in an amount not to exceed 50 per cent of the cost of the right of
way acquired in accordance with the terms and provisions of this agreement. The State's
reimbursement will be in the amount of 50 per cent of the State's predetermined value of
each parcel, or the net cost thereof, whichever is the lesser amount.
If condemnation is necessary and title is taken as set forth herein under the section
headed "Condemnation", the participation by the State shall be based on the final judgment,
conditioned that the State has been notified in writing prior to the filing of such suit
and prompt notice is also given as to all action taken therein. The State shall have the
right to become a party to the suit at any time for all purposes, including the right of
appeal at any stage of the proceedings. All other items of cost shall be borne by the State
and the County as provided by other provisions of this agreement.
If a lump sum fencing or utility adjustment agreement has been executed, the State will
reimburse the County in the amount of 50 per cent of the predetermined lump sum cost ofthe
right o£ way fencing or utility adjustment.
If the County prefers not to execute a lump sum agreement for either fencing or utility
adjustments, the State will reimburse on the actual cost of such adjustments. The County's
request for reimbursement will be supported by a breakdown of the labor, materials and
equipment used.
GENERAL: It is understood that the terms of this agreement shall apply to new right of way
authorized and requested by the Texas Highway Department which is needed and not yet de-
dicated, in use, or previously acquired in the name of the State or County for highway,
street, or road purposes. This agreement shall also apply, as to any existing right of way,
to outstanding property interests not previously acquired and to eligible utility adjust-
menu not previously made, as authorized and requested by the Texas Highway Department.
It is understood that this contract shall be effective from and after the date of full
execution by the State of Texas.
It is further understood that if unusual circumstances develop in the right of way acquisi-
tion which are not clearly covered by the terms of this agreement, such unusual circumstances
or problems will be resolved by mutual agreement between the State and the County.
COMMISSIONERS' COURT
OF
Kerr County, Texas
By: /sj Julius R. Neunhoffer
County Judge
By: /s/ W. C. Schwethelm
Commissioner, Precinct Number 1
By: /s/ Clinton M. Sallee
Commissioner, Precinct Number 2
By: /s/ Adolph Bartel
Commissioner, Precinct Number 3
By: /s/ Roger Stone
Commissioner, Precinct Number 4
1HE STATE OF TEXAS
Certified as being executed for the
purpose and effect of activating and/or
carrying out the orders, established
policies, or work programs heretofore
approved and authorized by the State
Highway Commission:
By: /s/ J. C. Dingwall
Executed as State Highway Engineer and
approved for State Highway Commission
under Authority of Commission Minute
60394
RECO;u1ENDED AOR APPROVAL
/s/ R. 0. Lytton
District Engineer
/s/ P. C. Goode
Program Engineer
Form D-15-
38
Page 5
of 5
Rev. 10-64
~I~
/1 k;
~~
%s/ R. F. Lewis
Chief Engineer of Highway Design
/s/ A. H. Christian
Right of Way engineer
BJ
o-o-o-o-o-o-o-o-o-o
THE STATE OF TEXAS
COUNTY OF KERR
~ BE IT REMEMBERED that there was begun and holden on the
8th day of November 1971 at 10:00 o'clock A.M., in the City of Kerrville, Texas, a Regular
Term of Commissioners' Court, with the following officers present:
Julius R. Neunhoffer	County Judge			
W. C. Schwethelm	Commissioner	Precinct	No.	1
Clinton M. Sallee	Commissioner	Precinct	No.	2
Adolph Bartel	Commissioner	Precinct	No.	3
Roger Stone	Commissioner	Precinct	No.	4
and the Court having duly opened,	the following	proceedings were had:
N0. 11457 ACCEPTANCE OF BID OF GABRIEL H. MATA FGR FEPdCING ON F. M. 480 RIGHT-OF-WAY
On this the 8th day of November 1971, came on to be considered by the Court the seal-
ed bids for fencing along the right-of-way of F. M. 480, as per specifications on file in
the office of the County Clerk.
Upon opening and reading the bids filed with the County Clerk of the Court, it is
found that the bid of Gabriel H. Mata be accepted as the lowest and best bid.
Motion made by Commissioner Schwethelm, seconded by Commissioner Sallee and unanimous-
ly approved by the Court.
o-o-o-o-o-o-o-o-o-o
N0. 11458 APPROVAL OF CLAIMS AND ACCOUNTS
On this the 8th day of November 1971, 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 & Bridge No. 1, 2, 3 and 4, Lateral Road 1,
General Road & Bridge, General, Officers Salary, County Law Library, Jury, F. M. 480 Right-
of-Way and Kerr County Public Library Funds, as shown in the Minutes of Accounts allowed
from page 1442 thru 1445 Voucher Nos. 30471 thru 30595 , which were made a part
hereof and of this order.
Motion made by Commissioner Stone, seconded by Commissioner Schwethelm and unanimous-
ly approved by the Court.
o-o-o-o-o-o-o-o-o-o
N0. 11459 MONTHLY REPORTS OF COUNTY AND PRECINCT OFFICERS OF KERR COUNTY APPROVED
Un this the 8th day of November 1971, came on to be examined by the Court the various
reports of October of the County and Precinct Officers of Kerr County, Texas, and the
same having been heard and considered by the Court, finds that said reports are true and
correct and should be approved; therefore upon motion of Commissioner Bartel, seconded by
Commissioner Sallee, the Court unanimously approved that the submitted reports be accepted
and filed with the County Clerk for future reference and subject to audit.
ENIMIE M. PflUENKER, County Clerk, collection of fees o£ office
ENIP'IIE M. P~4UENKER, County Clerk, fines, judgments & jury fees
ED HUiTEA, District Clerk, judgments & jury fees
LEOTd F. MAPLES, Sheriff, out of County fees
ROBERT I. ~9ILSON, Justice of the Peace, Prec. 1, fines & fees
Civil fees &
Small Claims
CHARLES J. REFS, Justice o£ the Peace, Prec. 2, fines & fees
ALBERT KESINEDY, JR., Justice of the Peace, Prec. 4, fines & fees
HEDTRY B. ENGELMATT, Justice of the Peace, Prec. 5, fines & fees
$3343.72
~ 878.00
~ 366.00
~ 98.50
~ 335.00
35.25
~ 948.00
$ 449.00
$ 82.00