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
MdrCh 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 re-
construction 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 agreement 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 Commissioners' 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 Department 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 Commissioners' 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.
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 da so shall be the prime responsibility 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 Gity 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 Department does
not reimburse Kerr County shall be paid to Kerr County by the Gity of
Kerrville, p~xrsuant to written statement rendered to tie City by the County.
n the event ~f a shortage of available funds on the part of Kerr c'.ounty
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 anticipated 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
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day of March 1974.
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G' u ~ y '3;x, ge, Kerr C
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City of Kerrville
Gbunty''Cl~~k and Ex-Officio
Ci'~1r~Z`'of the Commissioners'
Court of Kerr County
Filed_ ~ ~~g of
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By
Clerk, City of Kerr
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AGREEMENT BETWEEN KERB 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 CITX
OF KERRVILLE SOUTH TO F, M. ROAD
689
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