COMMISSIONERS' COURT CONVENED IN SPECIAL SESSION MAY 23,r~, 1983 at 10:00 o'clock A. M., with the following officers present: GORDON S. P40RRISS County Judge FRED HOLLAND Commissioner Precinct No. 1 EDWARD D. HIGGINS Commissioner Precinct No. 2 VICTOR LICH Commissioner Precinct No. 3 BILLY JOE GUTHRIE, JR. Commissioner Precinct No. 4 and the Court having duly opened, the following proceedings were had: N0. 15049 APPROVAL OF CLAIMS AND ACCOUNTS On this the 23rd day of May 1983, came on to be examined by the Court, the various claims and accounts against Kerr County and the various Commissioners' Precincts, since the last term of Court, which claims and accounts were approved for payment by the Auditor and Treasurer, in amounts and out of Road & Bridge Nos. 1, 3 and 4 Funds, General, Public Library, Tax Appraisal Office, Jury, 216th District Probation and Juvenile Services Funds, as shown in the Disbursements Journal of the County Auditor's Office, which are made a part hereof and of this order. Motion made by Commissioner Holland, seconded by Commissioner Higgins and unanimously approved by the Court. o-o-o-o-o-o-o-o N0. 15050 RESIGNATION OF WANDA PACE, DEPUTY COUNTY CLERK OF KERB COUNTY, TEXAS On this the 23rd day of May 1933, upon 'motion made by Commissioner Holland, seconded by Commissioner Guthrie, the Court unanimously approved that the resignation of Wanda Pace, Deputy County Clerk of Kerr County, Texas, be ratified and confirmed, with regret, effective May 31st, 1983, which includes a week's vacation. o-o-o-o-o-o-o-o N0. 15051 APPROVAL OF COUNTY TREASURER'S REPORT FOR QUARTER ENDING r~fARCH 31st, 1983 On this the 23rd day of May 1983, in Special Session of Commissioners' Court, came on for examination the Quarterly Report of Dorothy H. Hilburn, County Treasurer of Kerr County, Texas, for the period beginning January 1st, 1983 and ending March 31st, 1983, and the same having been examined and compared by the Court and found correct. And it appearing to the -'-~ *h~ Laid time the Treasurer has received for account and credit and paid ~ ~ eflected in the report and become a part hereof; and that sai~ ~O it of the respective funds, since the filing of the preceding ' above stated, are found correct as therein shown. It is therefore ordere led report be, and the same is hereby approved and the Cle red to file same in the record accounts of said Treasurer Motion made by Commis: unissioner Lich and unanimously approved by the Court. o-o-o-o-o-o-o-o PETITION FOR ABANDONMENT OF A PUBLIC ROADWAY T0: The Honorable Commissioners' Court Kerr County, Texas Pursuant to Article 6703 and 6705 of Vernon's Annotated Texas Civil Statutes, the undersigned, being freeholders in Commissioners Precinct 2 of Kerr County, Texas, hereby petition said Court to discontinue the use of a portion of a public roadway in Kerr County, Texas. The portion of public roadway sought to be discontinued is described as follows: A part of that particular roadway known as River View, which is depicted on that certain; plat of Verde Creek Estates o f record in Volume 3, Page 99, of the Plat Records of Kerr County, Texas, the portion to be abandoned being that part of said River View Road that lies north of and adjacent to Lots No. 31, 32, 33, and 34 of the avove-described Verde Creek Esta tes. The undersigned would sh ow the Court that the discontinuance of the above-described portion of River View Road as a public roadway will serve the public interest of Kerr County, Texas, and specifically, the public interest in Commissioners Precinct 2, Kerr County, Texas. Respectfully submit ted, /s/ G R Crowley /s/ Eva B. Crowley /p/ Eva B. Crowley /s/ W. L. Clark /s/ Verna Mae Crutchfield /p/ W. L. Clark /p/ Verna P4ae Crutchfield /s/ Laverne Clark /s/ J. B. Crutchfield /p/ LAVERNE CLARK /p/ J. B. CRUTCHFIELD /s/ Janet N. Stanley /s/ Nell I. Sevey /p/ Janet N. Stanley /p/ Nell I. Sevey /s/ Paul W. Stokely /s/ Sunshine Love /p/ PAUL W. STOKELY /p/ SUNSHINE LOVE /s/ Florence L. Stokely /s/ James A. Love /p/ Florence L. Stokely /p/ JAMES A. LOVE /s/ C. M. Devereaux /p/ BETTY J. STRICKLAND /p/ C. M. DEVEREAUX /s/ Betty J. Strickland /s/ James R. Strickland /s/ Frankie Strickland /p/ JAMES R. STRICKLAND /p/ Frankie Strickland /s/ C7_aude Swearingen CLAUDE SWEARINGEN /s/ Edith R. Swearingen SWEARINGEN / EDITH R / /p/ . p /s/ Elvin R. Irving WALLACE, JACKSON & ABLES /p/ ELVIN R. IRING A Professional Corporation By: /s/ Stephen B. Ables /t/ Stephen B. Ables Texas State Bar No. 00812500 Attorneys for Petitioners ', Filed 22nd day of April A.D. 1983 at 9:30 A.M. PATRICIA DYE Clerk County Court, Kerr County, Texas ', By /s/ Dorothy L. Pfeiffer, Deputy THE STATE OF TEXAS X X AFFIDAVIT OF POSTING NOTICE COUNTY OF KERR X BEFORE ME, the undersigned a uthority, on th`_s day personally appeared LEO C. P~IARTINEZ, who, known to me to be a Deputy Sheriff of Kerr County, Texas, and after being by me first duly sworn, says on his oath: "1. That I posted a true and correct copy of the Petition for Abandonment of a Public Roadway, hereto attached, at the following places, to-wit: a. One (1) at the courthouse door of the County Courthouse of Kerr County, Kerrville, Texas. b. One (1) at the beginning of the county road described in such Petition for Abandonment of a Public Roadway; and c. One (1) at the termination of the county road described in such Petition for Abandonment of a Public Roadway. 2. That said notices were posted by me on the 22 day of April, 1983." /s/ Leo C. Martinez De Sheriff ut p y Kerr County, Texas SWORiV TO AND SUBSCRIBED BEFORE ME by the said Leo C. Martinez on this 22 day of April, 1983 (SEAL) /s/ Evelyn Oates Notary Public in and for Kerr County, Texas My commission expires: 2/21/84 (Notary type or print name) EVELYN OATES KERR COUNTY NOTARY PUBLIC MY COMMISSION EXPIRES 2-21-84 Filed 22nd day of April A.D. 1983 PATRICIA DYE j Clerk County Court, Kerr County, Texas { By js/ Dorothy L. Pfeiffer, Deputy C ~ - - - - - - - I ~ ORDER N0. 15052 j STATE OF TEXAS X COMMISSIONERS' COURT ':i COUNTY OF KERR ~ OF KERR COUNTY, TEXAS ORDER CLOSING ROAD WHEREAS, a Petition for Abandonment and to permanently close a certain easement and a ;, portion of a roadway now designated as a public road in Precinct No. 2 was previously filed with the Commissioners' Court of Kerr County, Texas, pursuant to Article 6705, V.A.C.S., the road concerned being referred to in such Petition as RIVER VIEW ROAD; AND WHEREAS, such Petition has been duly posted at the Courthouse door of the County Courthouse of Kerr County, Texas, and at two (2) other public places in the vicinity of the route of such RIVER VIEW ROAD, for a period of at least twenty (20) days prior hereto, all in i. I' compliance with Article 6705, V.A.C.S.; ~ AND WHEREAS, such Petition was duly signed by at least eight (8) freeholders in and of ~i the said Precinct in which such RIVER VIEW ROAD is desired to be discontinued; AND WHEREAS, such Petition specified the beginning and termination of such road, all ' in compliance with Article 6705, V.A.C.S.; AND WHEREAS, the Commissioners' Court of Kerr County, Texas, has conducted a full investigation of the proposal stated in such Petition, as required by Article 6703, V.A.C.S.; P f AND WHEREAS, it has been determined that a suitable alternate route and roadway has been ., I dedicated to public use as a public road and has been accepted by the' Commissioners' Court of ',: ~. Kerr County, Texas, heretofore; ~ NOW, THEREFORE, BE IT RESOLVED that on the 23rd day of May, 1983, at a special meeting ~,~' of the Commissioners' Court of Kerr County, Texas, convened in accordance with all required ',~ !i notices, procedures, and other legal requirements, the aforesaid Petition was duly considered ~' by the said Commissioners' Court, and the Commissioners' Court assembled by unanimous consent , ~'i of all the Commissioners elected thereupon duly made the following findings: 1. That it would be expedient to discontinue and close a portion of such RIVER VIEW ;', ROAD: and 2. That the public interest will be better served by making such change and by dis- continuing and closing a portion of such RIVER VIEW ROAD; and 3. That all requirements of the State of Texas both as to law and procedure and all prerequisites for the aforementioned change and discontinuance and closing of a portion of said road have been duly met and that all such requirements have been substantially complied with; i On motion by Commissioner Higgins, seconded by Commissioner Holland, and unanimously -- approved by the Court, the Commissioners' Court of Kerr County, Texas, accordingly hereby ORDERS that a portion of such RIVER VIEW ROAD (being the identical roadway described in EXHIBIT "A" being here referred to and incorporated herein verbatim for all purposes) and any use thereof by the public shall be, and the same is hereb;~ DISCONTINUED AND PEP.MANENTLY CLOSED from this time forward. The following members of the Commissioners' Court were present and each participated fully in all discussion, consideration, decision, and the final vote regarding the matters herein contained: GORDON S. MORRISS, County Judge FRED HOLLAND, Commissioner Prec. 1 EDWARD D. HIGGINS, Commissioner Prec. 2 VICTOR LICH, Commissioner Prec. 3 BILLY JOE GUTHRIE, JR.Commissioner Prec. 4 The Clerk of the Court is further hereby ORDERED to insert this Order in its entirety in the minutes of the Commissioners' Court of Kerr County, Texas. IT IS THE FURTHER ORDER of the Commissioners' Court of Kerr County, Texas, that JUDGE L GORDON S. MORRISS, County Judge, Kerr County, Texas, be and is hereby authorized to execute a Quitclaim Deed of the property described in the above referenced EXHIBIT "A" to WILLLAP4 -2- H. ALLEN. SIGNED AND ORDERED this 23rd day of May, 1983. COMMISSIONERS' COURT OF KERR COUNTY, TEXAS /s/ Gordon S. Morriss /t/ Gordon S. Morriss County Judge Kerr County, Texas -3- EXHIBIT "A" A part of that particular roadway known as River View, which is depicted on that certain plat of Verde Creek Estates of record in Volume 3, Page 99, of the Plat Records of Kerr ,~~v County, Texas, the portion to be abandoned being that part of said River View Road that lies ~r''(~~ north of and adjacent to Lots no. 31, 32, 33, and 34 of the above-described Verde Creek Estates. EXHIBIT "A" o-o-o-o-o-o-o-o-o N0. 15053 APPROVAL OF PLAT OF FAIRWAY PLAZA On this the 23rd day of t4ay 1983, upon motion made by Commissioner Higgins, seconded by Commissioner Holland, the Court unanimously approved the PLAT OF FAIRWAY PLAZA, a sub- division comprising 1.75 acres out of Wm. C. Francis Survey No. 146, Abstract No. 137, located in Kerr County Commissioner's Precinct No. Two. o-o-o-o-o-o-o-o-o-o N0. 15054 APPROVAL OF TRAVEL ALLOWANCE OI' SUSAN K. BLOOM, DEPUTY APPRAISER IN THE KERR CENTRAL APPRAISAL DISTRICT On this the 23rd day of May 1983, upon motion made by Commissioner Holland, seconded by Commissioner Higgins, the Court unanimously approved a travel allowance of Susan K. Bloom, Deputy Appraiser in the Kerr Central Appraisal District in the amount of $200.00 per month, ($2400.00 per annum), effective as of May 1st, 1983, for payroll purposes only. o-o-o-o-o-o-o-o-o-o N0. 15055 RESIGNATION OF MICHAEL D. WEST, DEPUTY SHERIFF OF KERR COUNTY, TEXAS On this the 23rd day of May 1983, upon motion made by Commissioner Holland, seconded