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
South during the reconstruction of the existing roadway and as a portion of the construction
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 ORDER AUTHORIZING THE COUNTY JUDGE TO ENTER INTO CONTRACTUAL AGREEMENT FOR RIGHT
OF WAY PROCUREMENT BY AD7D 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
`~~~~
to sign any other papers that may be needed during the work on this project.
Kerr County accepts the offer made by the State to waive the requirements that the `-
County submit property valuations to the State and the State make the determination of values
at State expense, as provided for in Paragraph 2 under "Determination of Right of Way Values"
in said Contractual Agreement.
Under motion of Commissioner Stone and seconded by Commissioner Schwethelm, the motion
was passed unanimously and it was so ordered passed.
o-o-o-o-o-o-o-o-o-o
NO. 12090 APPROVAL OF CLAIMS AND ACCOUNTS
On this the 1st day of April 1974, came on to be considered 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 General Road and Bridge Fund and Road and Bridge No. 1 Funds,
as shown in the Minutes of Accounts Allowed on page 1684, Voucher Nos. 38051 and 38052,
which were made a part hereof and of this order.
Motion made by Commissioner Sallee, seconded by Commissioner Bartel and unanimously
approved by the Court.
o-o-o-o-o-o-o-o-o-o
COURT ADJOURNED APRIL 1, 1974 at 10:45 o'clock A. M.
o-o-o-o-o-o-o-o-o-o
The foregoing minutes from page 481 thru 492 were read in open Court and found correct
and are hereby approved this the 8th day of April 1974.
i_
ATTEST: _ ~
'County Clerk, Kerr County, Tex