Re: Whether County Auditor Must Be Appointed In Kerr County Dear Chairman Nugent: At the direction of the House Transportation Committee, you have requested our opinion concerning whether a County Auditor must be appointed in Kerr County. Article 1645, V.T.C.S. provided, "In any county having a population of 35,000 inhabitants or over according to the last preceding census, or having a tax valuation of fifteen million or over according to the last approved tax rolls, there shall be appointed every two years an auditor of accounts and finances, the title of said office to be County Auditor". In Attorney General's opinion WW1142, 1961 and 0-4828, 1942 this statute was held to be mandatory. Since we have been informed that Kerr County had a tax valuation of $41,622,707.00 in 1974, a County Auditor clearly must be appointed, pursuant to the procedure provided in Article 1447, V.T.C.S. Article 1645 A-9 which purports to prohibit the appointment of a County Auditor in counties of a population less than 25,500 except upon Petition of Commissioners Court is inapplicable for Article 1645 is of subsequent enactment. Popham v. Patterson, 51 SW 2d, 680, 684, Tex Sup, 1932. SUMMARY: A County Auditor must be appointed for Kerr County Very truly yours, /s/ John L. Hill Attorney General of Texas ~~ THE STATE OF TEXAS ~ , ~.-' COUNTY OF KERB X I, Mary Brooks Clerk of the District Court, Kerr County, Texas, do hereby certify that the above and foregoing is a true and correct copy of Appointment of County Auditor as same appears on file in manifest of record in my office. IN TESTIMONY WHEREOF, I have set my hand and official seal of office this the 20 day of April, 1977. (Seal) /s/ Mary Brooks Filed 20th day of May A.D, 1977 Clerk of the District Court, EMMIE M. MUENKER Kerr County, Texas Clerk, County Court, Kerr County, Texas By Deputy By /s/ Dorothy L. Pfeiffer, Deputy o-o-o-o-o-o-o-o-o-o COMMISSIONERS' COURT CONVENED IN SPECIAL SESSION MAY 26th, 1977 at 11:00 o'clock A. M., with the following officers present: Julius R. Neunhoffer County Judge Earl Garrett Commissioner Precinct No. 1 Clinton M. Sallee Commissioner Precinct No. 2 Victor Lich Commissioner Precinct No. 3 Roger Stone Commissioner Precinct No. 4 and the Court having duly opened, the following proceedings were had: N0, 13008 REPEAT OF THREE HILLS SUBDIVISION, SECTION 1 APPROVED On this the 26th day of May 1977, upon motion made by Commissioner Sallee, seconded by Commissioner Garrett, the Court unanimously approved the Repiat of Three Hi11s Subdivision, Section 1. o-o-o-o-o-o-o-o-o-o N0. 13009 APPROVAL OF RESOLUTION ACCEPTING THE PROVISIONS OF STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION MINUTE ORDER On this the 26th day of May 1977, upon motion made by Commissioner Sallee, seconded by Commissioner Stone, the Court unanimously approved the following Resolution: RESOLUTION ACCEPTING THE PROVISIONS OF STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION MINUTE ORDER THE STATE OF TEXAS ~ COUNTY OF KERR X KERRVILLE, TEXAS May 26th, 1977 MOTION was made by Commissioner Sallee and seconded by Commissioner Stone that the Kerr County Commissioners' Court accept the provisions contained in Minute Order No. 72797 passed by the State Highway and Public Transportation Commission on May 23, 1977, for the improve- ment by the State Department of Highways and Public Transportation of the roads described below and that Kerr County agrees to furnish all required right of way free of cost to the State: A Spur extending from State Highway 27, 1.4 Miles Southeast of Kerrville City Limit, Southeast to Kerrville Airport, a distance of approximately 1.3 miles. VOTE on the motion was as follows: EARL GARRETT, Comm. Prec. ~kl "AYE" CLINTON M. SALLEE, Comm. Prec. ~k2 "AYE" ROGER STONE, Comm. Prec. ~k4 "AYE" JULIUS R. NEUNHOFFER, Co. Judge "AYE" VICTOR LICH, Comm. Prec. ~k3 "AYE" WHEREUPON the motion was declared carried. Form 330-B Rev. 8-76 STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION KERR County Page 1 of 1 Pages District No. 15 MINUTE ORDER WHEREAS, in KERR COUNTY, the City of Kerrville and Kerr County have, by Joint Resolution, requested development of a route to the Kerrville Airport; and WHEREAS, an analysis indicates that this request will provide an improved facility; NOW, THEREFORE, IT IS ORDERED that a SPUR be and is hereby designated extending from State Highway 27, 1.4 miles Southeast of Kerrville City Limit, Southeast to Kerrville Airport, a distance of approximately 1.3 miles, subject to the condition that the City of Kerrville and Kerr County will furnish all required right of way clear of obstructions and free of cost to the State with acquisition procedures to be in accordance with applicable State laws governing acquisition policies for acquiring real property. Upon acceptance of the provisions of this Order by the appropriate officials of the City of Kerrville and Kerr County, the Engineer-Director is directed to proceed with preliminary engineering, including preparation of right of way data, to turn over such data to the ap- propriate officials for procurement of the required right of way, and to proceed in the most feasible and economical manner with construction of Grading, Structures and Surfacing at an estimated cost of $206,000, financing the cost in the 1978 Special Rehabilitation and State Highway Safety and Betterment and Farm to Markel Road Improvement Program. This Order is subject to acceptance by the City of Kerrville and Kerr County and if not accepted within 90 days of the date hereof, the action herein contained shall be automatically cancelled. Submitted by: Examined and recommended by: Title Program Engineer Assistant Engineer-Director Approved Engineer-Director State Highway Department Minute Number 72797 District No. 15 Date Passed May 23 77 San Antonio, Texas ,.May 24, 1977 Received Commissioner Commissioner Commissioner o-o-o-o-o-o-o-o-o-o COURT ADJOURNED MAY 26th, 1977 at 11:20 o'clock A. M. o-o-o-o-o-o-o-o-o-o The foregoing minutes from page 222 thru 234 were read in open Court and found correct and are hereby approved this 13th day of June 1977. -, ,~ D ~„ > '> ATTEST: .~'_.~l~=!~ /~ i/./!