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ORDER NO. 16257
ORDER CALLING FOR Art ELECTION FOR ADOPTION OF THE OPTIONAL COL1i~1TY
ROAD SYSTEi~ IN KERR COUNTY
THE STATE OF TEXAS
COUNTY OF KERR
On this the 4th day of
Kerr County, Texas, co
at the regular meeting
Kerrville, Texas, with
to-wit:
September, 1985,
evened in special
place thereof at
the following men
GORDON S. A4ORRISS
FRED HOLLAND
EDti°dARD D. HIGGINS
VICTOR LICH
BILLY JOE GiJTHRIE, JR.
PATRICIA DYE
the Commissioners' Court of
session open to the public,
the Courthouse in Kerr County,
nbers of the Court present,
County Judge
Commissioner Precinct 1
Commissioner Precinct 2
Commissioner Precinct 3
Commissioner Precinct 4
Clerk of the County Court
and Ex-Officio Clerk of tho
Commissioners' Court of Kerr
County, Texas
and the following absent members:. None
constituting a quorum, and among other proceedings, passed the
following order:
There came on to lie considered a Petition for the Adoption of the
Optional County Road System in Kerr County=, Texas, as auti~orizeci by
Article 6702-1, Subchapter C, Sec. 3.201, V.T.C.S., for the purpose
of submitting to the legal qualified voters of said Count1~ the
determination of the issue described therein.
It appearing to the satisfaction of the Court that said petition
was filed and contained the number of required signatures, it is
ordered that the issue of the adoption of the Optional County Road
System be placed on the November 5th, :1985 ballot, along witr. the
Constitutional Amendment Election to be held.
BE IT FURTHER ORDERED that the County Clerk will verify the signa-
t,,,-~~ ~f i-hP registered voters who have signed the petition, and
~,:~MS
THEREFORE, BE IT FURTHER ORDERED BY THE COMMISSIOATERS' COURT that
an election be held i_n Kerr County, Texas, on the 5th day of November
1985, same being after the 30th day after the day the petition was filed
with the Commissioners' Court, for the purpose of submitting to the
legally qualified voters of said County, the determination of the
following issue, to-wit:
FOR "Adopting the Optional County Road System in
Kerr County°'
AGAINST "Adopting the Optional County Road System in
Kerr County",
and that said election shall be held in such consolidated Election
Precincts and by such persons as has been designated by the Commis-
sioners' Court by separate order entered in the Minutes ~f the Court,
Order No. 16237, for the Constitutions}_ Amendment Election on November
5, 1985.
The polls at each of the designated po:Lling places shall on said
election date be open from 7 : 00 0' clock A. M. to 7 : 00 0' clock P. PSI.
Said ballot shall also have printed thereon the proposition appro-
priate to this election in the exact language stated in Article
6702-1, Subchapter C, Sec. 3.201 (b), to-wit:
FOR "Adopting the Optional County Road System in Kerr
County"
AGAINST "Adopting the Optional County Road System in Kerr
County"
Notice of said e~.ection shall be given as required by Article 4.05
of the Texas Election Code and Article 29e, Texas Revised Civil
Statutes.
Absentee voting for said election shall be conducted by the County
Clerk in accordance with the terms and, provisions of the Texas
Election Code.
It is further found and determined that written notice of the date,
i'
the Court voted "AYE":
County Judge Gordon S. Morriss, Commissioner Fred Holland, Commis-
sioner Ed~,.ard D. Higgins, Commissioner Victor Lich and Commissioner
Billy Jae Guthrie, Jr.,
and the following members voted "NO'°: None,
Whereupon the Order was declared to have bin an' ou,~y approved.
PASSED, APPROVED AND ADOPTED this the 4
Co
ATTEST:
~~
i~ / ,3' "
PATRICIA DYE ~/
Clerk of the County Cour and Ex-
Officio Clerk of the Commissioners'
Court of Kerr County, Texas
er 1985.
1
v ~ 4 I/
vor n S. Morriss
Judge, Kerr County, Texas
;3.~, SECTION 3.107 -COUNTIES EXEMPT FROM APPLICATION OF THIS LAW The
counties of Angelina, Aransas, Blanco, Bowie, Calhoun, Camp, Cass,
Cherokee, Cos~al, Dallas, Delta, DeWitt, Fayette, Franklin, Galveston,
Gillespie, Grayson, Gregg, Harris, Harrison, Henderson, Hill Hopkins,
Houston, Jack, Jackson, Jasper, Lamar, Lavaca, Limestone, McT.ennan,
Milam, Montgomery, Morris, Nacogdoches, Newton, Panola, Parker,
"` Rains, Red River, Refugio, Sabine, San Augustone, Shelby, Smith,
Tarrant, Titus, Travis, Trinity, Tylex, Upahur, Van Zandt, Victoria,
~ Washington, and Wood are exempt from this subchapter. However, the
commissioners courts of Dallas and Collin counties may accept and
adopt this subchapter instead of the special acts for Dallas or
Collin county, if in its judgment, the provisions of this subchapter
are better suited to Dallas or Collin county than the special laws.
3.3 SUBCHAPTER C - COURT/ENGINEER SYSTEM
~ 3,3 SECTION 3.201 - ADOPTION OF OPTIONAL COUNTY ROAD SYSTEM (a) By a
f majority vote of its qualified voters, any county at an election held
for that purpose may adopt Chis subchapter for the construction and
maintenance of county roads and bridges and for r_he expenditure of
the county road and bridge fund.
(b) The commissioners court shall submit the question to the
qualified voters of the county at a general or special election if it
receives a petition of the qualified voters of the county in a number
equal to 10 percent of the number voting for governor at the last
preceding general election .n the county. The court shall order the
a~~ D election to be held on the next uniform election date authorized by
3~~ Section 9b,	Texas Election Code, as amended (Article	2.Olb, Vernon's
,~	T Texas Electi
[he petition	on Code), that occurs after the 30th day
is filed with the commissioners court.	after the day
The ballot for
	the election	shall be printed to permit voting for	or against the
	proposition:	'Adopting the Optional County Roa	d System in
	County.'		
(c) If the majority of the votes cast at the election favor adoption,
this subchapter becomes effective in the county with the official
proclamation of the results of the election. In like manner, a county
that votes to come under this subchapter may vote to abandon this
subchapter. No election on the questions of adopE'ing or abandoning
this subchapter may be held more often than every two years.
~3.3b SECTION 3.202 - ORGANIZATION OF SYSTEM The construction and
maintenance of county roads is vested in the county road department,
which shall include the commissioners court as the policy-determining
~ body, the county road engineev as the chief executive officer, other
administrative personnel, and road employees.
. ,~ .
;,3 .3c SECTION 3.203 = SYSTEM BASED ON WHOLE COUNTY The construction and
maintenance of county roads, the ownership and use of all county road
department equipment, materials, and supplies, and the administration
of the county road department shall. be on the basis of the county as

V~~~S~
INFORMATION GUI OE ON COUNTY GOVERNFIENT - October, 1583
1
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a whole without regard to commissioners precincts.
SE(;ION 3.204 - APPOINTMENT OF COUNTY ROAD ENGINEER The county road
~engineer shall be appointed by the commissioners court. He must be a
~ licensed professional engineer experienced in road construction and
~~~ maintenance and must meet the qualifications required by the State
Department of Highways and Public Transportation for its county
engineers. If the commissioners court is not able to employ a
licensed professional engineer for any reason, the commissioners
court may employ a qualified road administrative officer, who is to
be known as the county road administrator, to perform the duties of
the county road engineer. The county road administrator must have had
experience in road building or maintenance or other types of
construction work qualifying him to perform the duties imposed on
him, but it is not necessary that he have had any fixed amount of
professional training or experience in engineering work. The county
road administrator shall perform the same duties ae are imposed upon
the county road engineer, and all references in other sections of
this subchapter to the county road engineer include and apply to the
county road administrator.
SECTION 3.205 - COMPENSATION The county road engineer shall receive
an annual salary to be paid in 12 equal monthly installments out of
the road and bridge fund of the county.
SECTION 3.206 - TERM AND REMOVAL The county road engineer holds his
position foi an indefinite term and may be removed by a majority vote
of the commissioners court. Removal does not become effective until
the 30th day after the day he receives notice in writing of the
intention of the commissioners court to remove him. The court shall
hold a public hearing on the question of his removal before the
removal becomes effective if the hearing is requested in writing by
the county road engineer.
83.3c
83.3d
83,3e
83.3f
SECTION 3.207 - INABILITY TO PERFORM DUTIES In the absence or 83.39
inability of the county road engineer to perform his duties, the
commissioners court may designate a qualified administrative officer
to perform the duties of county road engineer during the absence or
inability.
~ SECTION 3.208 - DUTIES (a) The county road engineer is responsible to
the commissioners court for the efficient and economical construction
and maintenance of the county roads. He may appoint for an indifinite
tera4 and remove all county road department personnel, subject to the
approval of the commissioners court. He may authorize certain
administrative personnel to employ and remove subordinates or
employees under their respective direction. Except for the purpose of
inquiry, the commissioners court shall deal with the county road
~ department's administrative personnel and employees through the
county road engineer.
83.3h
INFORMATION GUIDE ON COUNTY GOVERNMENT - October, 1983

J.3h (b) The county road engineer shall attend all meetings of the
~l commissioners court when it sits to consider county rood matters. The ~
'~ county road engineer has the right to participate in the discussions ~,~
and to make recommendations: He shall see that the ,policies of the
commissioners court relating to county roads are faithfully executed,
supervise the administration of the county road department, and
prepare detailed annual budget estimates for the construction and
maintenance of the county roads and the operation of the county road
~' department. The county road engineer shall prepare estimates and
specifications for all equipment, materials, supplies, and labor
necessary for the construction and maintenance of the county roads
and the operation of the county road department, serve as custodian
for all equipment, materials, and supplies belonging to the county
road department, prepare plans and specifications for all county road
construction and maintenance, maintain cost-accounting records on
county road department expenditures, keep a perpetual inventory of
all county road department equipment, material, and supplies, and
perform other duties that are required by the commissioners court and
are consistent with this subchapter.
33.31 SECTION 3.209 - INSPECTIONS On projects of county road construction
and maintenance let to private contractors, the county road engineer
is the representative of the county in inspecting the progress of the
work. Before a claim for county road construction or maintenance done
by private contractors may be ordered paid by the commissioners
court, the county road engineer must certify in writing the
correctness of the claim and must certify that the work done conforms
to the plane and specifications called or in the contract. '~ ~
83.3j SECTION 3.210 - FUNDING All expenditures for the construction and
maintenance of the county roads and the operation of the county road
department shall be paid out of the road and bridge fund strictly in
accordance with anneal budgeted appropriations. However, on
application of the county road engineer, the commissioners court may
transfer any part of any unencumbered appropriation balance for some
item within the road and bridge fund budget to some other item.
~3.3k SECTION 3.211 - COMPETITIVE BIDDING All equipment, materials, and
supplies for the construction and maintenance of county roads and for
the county road department shall be purchased by the commissioners
court on competitive bids in conformity with estimates and
specifications prepared by the county road engineer. However, on
recommendation of the county road engineer and when in the judgment
of thejcommissionera court it is considered in the best interest of
the county, purchases in an amount not to exceed $1,000 may be made
through' negotiation by the commissioners court or the commissioners
court's'~suthorized representative on requisition to be approved by
the commissioners court or the county auditor without advertising for
competitive bids. Before any claim covering the purchase of the
equipment, materials, and supplies and for any services contracted
for by the commissioners court may be ordered paid by the
commissioners court, the county road engineer must certify in writing
the correctness of the claim and must certify that the respective
INFORFIATION GUIDE ON COUNTY GOVERNMENT - October, 1983
equipment, materials, and supplies covered by the claim conform to 83.3k
~ specifications approved by him, that the equipment, materials, and
supplies were delivered in good condition, and that any road
department services contracted for by the commissioners court have
been satisfactorily performed. This section does not permit the
division or reduction of purchases for the purpose of avoiding the
requirement of taking formal bids on purchases that would otherwise
exceed $1,000.
SECTION 3.212 - BONDING The county road engineer and other 83.31
administrative personnel of the county road department as required by
the commisaioaera court shall give bond in an amount and with surety
approved by the commissioners court. The premiums on the bonds shall
be paid by the county.
SECTION 3.213 - OATH The county road engineer must take the official 83.3m
oath of office.

w
IN FORMATION GUIDE ON COUNTY GOVERNMENT - October. 1983
.. A ~ x
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!~Y'i;. S7U2-1 ROADS, BRIDGES, & FERRIES	

Title 11G	ROADS, BRIDGES, & FERRIES
Injuring prcperty	Title 116

Sec. 3.104. Any person who knowingly or wilfully destroys, injures, or mis-	Organiz.

p'.aces any bridge, culvert, drain, sewer, ditch, signboard, or milepost or anything	Sec. 3.202. The construction and r,
of like character placed on any road for the benefit of the road is liable to the	county road department, which shat
county and any person injured for all damages caused by that action.	policy-determining body, the county r
	other administrative personnel, and r
Person authorized to drain land along public road	

Sec. 3.105. (a) The commissioners court, a road commissioner, or a road	System base

superintendent may authorize a person to make a drain along a public road for	Sec. 3.203. The construction and n

the purpose of draining the person's land. The road superintendent must have	and use of all county road departure.

the concurrence of the commissioners court to grant the authorization.	the administration of the county roar
(b) The person shall make the drain under the direction of the commissioners	county as a whole without regard to
court, road commissioner, road superintendent, or another person designated by	Appointment of
the commissioners court.	Sec. 3.204. The county road enginE
Law cumulative ~	court. He must be a licensed professi
Sec. 3.106. This subcha ter is cumulative of all other
p general laws on the	lion and maintenance and must mee

subject of roads and bridges but in case of conflict with those laws; this	Department of Highways and Public
the commissioners court is not able t
subchapter controls. ;	
for any reason, the commissioners coo
Counties exempt from appficatlon of this law	live officer, vrho is to be known as the
Sec. 3.107. The counties of Angelina, Aransas, Blanco, Bowie, Calhoun,	duties of the county road erginee-•.
Camp, Cass, Cherokee, Comal, Dallas, Delta, DeWitt, Fayette,.Franklin, Galves-	had experience in road building or m
ton, Gillespie, Grayson, Gregg, Harris, Harrison, Henderson, Hill, Hopkins,	work qualifying him to perform th
Houston, Jack, Jackson, Jasper, Lamar, Lavaca, Limestone, McLennan, Itililam,	necessary that he ha~~e had any f
Montgomery, Morris, Nacogdoches, Newton, Panola, Parker, Rains, Red River	experience in engineering work. The
,
Refugio, Sabine, San Augustine, Shelby, Smith, Tarrant, Titus, Travis, Trinity,	the same duties as are imposed upon t.
Tyler, Upshur, Van Zandt, Victoria, Washington, and Wood are exempt from this	in other sections of this subchapter to
subchapter. However, the commissioners courts of Dallas and Collin counties	to the county road administrator.
may accept and adopt this subchapter instead of the special acts for Dallas or	Com
Colin county, if in its judgment, the provisions of this subchapter are better	The county road engine
205
Sec
3
suited to Dallas or Collin county than the special laws.	.
.
.
in 12 equal monthly instaliments~out c.
` / SUBCHAPTER C. COURT/ENGINEER SYSTEM	Tefm a
v Ado lion ojo tip onat county riad sr S
tCm	Sec. 3.206. The county road engine
~
Sec. 3.201. (a) By a majority vote of its qualified voters, any county at an	and may be removed by a majority v
does not become effective until the 3G'
election held for that purpose may adopt this subchapter for the construction a:nd	writing of the intention of the commi
maintenance of county roads and bridges and for the expenditure of the county	shall hold a public hearing on the qu
road and bridge fund. ~	becomes effective if the hearing is r
(b) The commissioners court shall submit the question to the qualified voters	engineer.
of the county at a general or special election if it receives a petition of the	
qualified voters of the county in a number equal to 10 percent of the number	Inability to•
voting for governor at the last preceding general election in the county. The	Sec. 3.207. In the absence or inabil.i
court shall order the election to be held on the next uniform election date	his duties, the commissioners court i
authorized by Section 9b, Texas Election Code, as amended (Article 2.Olb,	officer to perform the duties of cour
Vernon's Texas Election Code), that occurs after the 30th day after the day the	inability.
petition is filed with the commissioners court. The ballot for the election shall be	
printed to permit voting for or against the proposition: "Adopting the Optional	D
County Road System in County."	Sec. 3.2pR. (a) The county road ens.
(c) If the majority of the votes cast at the election favor adoption, this	court for the efficient and economic
subchapter becomes effective in the county with the official proclamation of the	cnunh• roads. Fie may aj,l~nint for an i
results of the election. In like manner, a count}• that votes to come under this	d~•Irartnx~nt t,c~r~r~nnt•(. ~uiiie•rt to the i
subchapter may vote to abandon this subchapter. do election on the questions	rna}• auth~~rizc~ +•~~rlain ~uin;ir•i:U•,cti•:e !
of adot>tint; or abundoninR this subchaiter map he ht•!<1 nu,re often than every	>>:.!~•~ <~,' ~•n.pl~,},~~~< ' ~~~!~ ~' their r~•sF.~ r•
two }•ears,	im!uir~. th~• c•nnuni-~i„~,~ :•~ c~~urt ~h::!'
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u,ln~in