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COURT CONVENED IN SPECIAL SESSION APRIL 1, 1974 at 10:15 o'clock A. Ni., 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:
NO. 12088 APPROVAL OF AGREEMENT BETWEEN KERR COUNTY AND THE CITY OF KERRVILLE RELATIVE
TO ACQUISITION FOR RIGHT OF WAY ALONG THE WEST SIDE OF STATE HIGHWAY 16 FROM
THE CITY LIMITS OF THE CITY OF KERRVILLE SOUTH TO F. M. ROAD 689
On this the 1st day of April 1974, upon motion made by Commissioner Bartel, seconded
by Commissioner Sallee, the Court unanimously approved the following agreement:
AGREEMENT BETWEEN KERR COUNTY AND THE CITY OF KERRVILLE RELATIVE TO ACQUISITION
FOR RIGHT OF WAY ALONG THE WEST SIDE OF STATE HIGHWAY 16 FROM THE CITY LIMITS
OF THE CITY OF KERRVILLE SOUTH TO F. M. ROAD 689
This agreement is entered into this the 26th day of March, 1974 between Kerr County
and the City of Kerrville as evidenced by appropriate approval of record by the Commissioners'
Court of Kerr County and the City Council of the City of Kerrville. The purpose of this
agreement is to provide the necessary administrative procedures for the acquisition of
necessary right of way for the reconstruction of State Highway 16 from Water Street, South
to the Kerrville City Limits at the intersection of State Highway 16 and F. M. Road 689,
which roadway is also known as Sidney Baker Street South, a street within the City Limits
of the City of Kerrville.
1. The City of Kerrville will enter into the customary contractual agreement with the
Texas Highway Department for right of way acquisition and utility relocation as to those
portions of additional right of way which lie within the present corporate limits of the
City of Kerrville.
2. Due to the Texas Highway Department's inability to enter into a contractual agree-
ment with the City of Kerrville for the acquisition of right of way and utility relocation
on those portions of additional right of way along the west side of Sidney Baker Street
South which lie outside the present corporate limits of the City of Kerrville, the Commis-
sioners' Court will assist the City of Kerrville by entering into the necessary contractual
agreement for the acquisition of those portions of additional right of way which lie outside
the City of Kerrville, together with making utility relocations along such areas where
necessary.
3. It is the understanding of the parties to this agreement that the responsibility
for the net local cost of right of way acquisition and utility relocations made pursuant
to the contractual agreement entered into between Kerr County and the Texas Highway Depart-
ment shall be borne by the City of Kerrville and that the responsible representatives of
the City shall conduct the principal negotiations with property and utility owners affected
by the County's right of way acquisitions.
4. Procedural formalities incidental to normal right of way acquisition by negotiation
will be in accordance with those normally employed in similar situations by the Commission-
ers' Court of Kerr County, however, before final agreement for the payment of a given sum
of money for any individual right of way parcel or utility relocation is entered into by
Kerr County, the City of Kerrville shall be advised in writing of the proposed sum to be
paid by Kerr County and such proposal shall be first ratified by such representative or
agency of the City of Kerrville as the City Council shall designate.
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5. In the event that proceedings in eminent domain must be resorted to to effect the
acquisition of any parcel of right of way, the decision to do so shall be the prime re-
sponsibility of the City of Kerrville. For procedural and administrative purposes, the
name of Kerr County may be used where necessary, however the provision of legal counsel and
other elements necessary to prosecute a proceeding in eminent domain shall be the prime
responsibility of the City of Kerrville.
6. Kerr County will make the initial payment of funds for right of way parcels
acquired and utility relocations made pursuant to contractual agreement with the Texas
Highway Department. Those costs and/or portions thereof for which the Texas Highway Depart-
ment does not reimburse Kerr County shall be paid to Kerr County by the City of Kerrville,
pursuant to written statement rendered to the City by the County. In the event of a shortage
of available funds on the part of Kerr County occasioned by administrative procedures of the
Texas Highway Department incidental to its reimbursement procedures, Kerr County shall have
the option of requesting the advance of funds by the City of Kerrville to meet its anticipat-
ed obligations of reimbursement to Kerr County.
7. In the event that the City of Kerrville and the Texas Highway Department should
elect to have curbing and guttering installed on all or a portion of Sidney Baker Street
(~f South during the reconstruction of the existing roadway and as a portion of the construction
Jn~'~ contract to be awarded by the Texas Highway Department, the local costs thereof shall be
borne solely by the City of Kerrville insofar as any portion thereof shall be constructed
along the west side of said roadway.
This agreement is entered into and executed this the 26th day of March, 1974.
/s/ Julius R. Neunhoffer
County Judge, Kerr County
ATTEST:
/s/ Emmie M. Muenker (Seal)
County Clerk and Ex-Officio
Clerk of the Commissioners'
Court of Kerr County
/s/ Zelma Hardy
Mayor, City of Kerrville
/s/ Gene Barton (Seal)
City Clerk, City of Kerrville
o-o-o-o-o-o-o-o-o-o
NO. 12089 OKDER AUTHORIZING THE COUNTY JUDGE TO ENTEK INTO CONTRACTUAL AGREEMENT FOR RIGHT
OF WAY PROCUREMENT BY ADTD BETWEEN THE STATE OF TEXAS AND COUNTY OF KERR FOR 50-
50 RIGHT OF WAY LOCATED ON STATE HIGHWAY 16 FROM WATER STREET IN KERRVILLE, SOUTH
TO FARM TO MARKET ROAD 689 (EXCLUDING THAT PORTION WITHIN THE CITY OF KERRVILLE)
On this the 1st day of April 1974 A. D. came on for consideration by the Commissioners'
Court of Kerr County, Texas, convened in Special Term, the matter of Kerr County entering
into Contractual Agreement for Right of Way Procurement by and between the State of Texas,
acting by and through the Texas Highway Department and Kerr County, acting by and through
its authorized officials, by executing four copies of Form D-15-38 for the procurement of
right of way on a 50-50 right of way project on State Highway 16 from Water Street in Kerr-
ville, South to Farm to Market Road 689 (Excluding that portion within the City of Kerr-
ville) in Kerr County, Texas and that the County Judge be authorized to sign any other
papers that may be needed during the work on this project.
THEREFORE, IT IS ORDERED BY the Commissioner's Court of Kerr County that Kerr County
enter into Contractual Agreement for Right of Way Procurement by executing four copies of
Form D-15-38 for procurement of right of way on a 50-50 right of way project on State High-
way 16 from Water Street in Kerrville, South to Farm to Market Road 689 (Excluding that
portion within the City of Kerrville) in Kerr County, Texas; and
IT IS FURTHER ordered that the County Judge be authorized and he is hereby authorized