ORDER NO. 17434
ORDER CALLING FOR A SPECIAL ROAD TAX ELECTION FOR RESIDENTS
OF WEST CREEK HEIGHTS SUBDIVISION
On this the 31st day of August 1987, upon motion made by
Commissioner Ray, seconded by Commissioner Holland, with
Commissioners Holland, Ray and Lich and County Judge Edwards
voting "AYE" and Commissioner Baldwin voting "NAY", said
motion carrying by a majority vote, approving that an election
be called for residents of the West Creek Heights Subdivision,
for a Special Road Tax Election, and that ballots shall be
printed to provide for voting for or against the proposition:
"Adopting a 15C per $100.00 evaluation Special Road Tax for
Roundabout Lane and that portion of Sandy Lane that lies
within the West Creek Heights Subdivision', as recorded in
Volume 4, Page 107, Plat Records of Kerr County, Texas.
(Should this proposition be approved by a majority of the
voter s, the construction will be contracted.)
t~[t. 6702-1 ROADS, BRIDGES, & FERR[E9
Tille 118
(h) On request by a county the State Highway and Public Transportation Commission
shall provide technical and engineering assistance in making surveys, preparing plans and
specifications, preparing project proposals, and supervising construction. The coat of this
assistance shall be paid by the county.
Earmdo-market rood fund '
Sec. 4.002. (a) The farm-to-market road fund is established for financing the construc-
tion, improvement, and maintenance of farm-to-market roads by the State Department of
Highways and Public Transportation.
(b) The State Department of Highways and Public Transportation shall use the money
transferred to the farm-to-market road fund under Article 4364a, Revised Statutes, as
amended, and other funds made available to the department for such purposes so that not
less than $23 million each year is used for the construction, improvement, and mainte-
nance of designated farm-to-market roads.
(c) The farm-to-market road fund shall be used for a system of roads selected by the
State Department of Highways and Fublic Transportation after consultation with the
commissioners courks of the counties of the state relative to the most needed roads in the
counties. The selections shall be made in a manner to ensure equitable and judicious
distribution of funds and work among the several counties of the state.
(d) The general characteristics of the roads to be selected are as follows:
(1) the roads shall not be potential additions to the federal aid primary highway system;
(2) the roads shall serve rural areas primarily and shall connect farms, ranches, rural
homes, and sources of natural resources such as oil, mines, timber, and water loading
points, schools, churches, and points of public congregation, including community develop-
ments and villages;
(3) the roads shall be capable of assisting in the creation of economic values in the
areas served;
(4) the roads shall preferably serve as public school bus routes or rural free delivery
postal routes or both; and
(5) the roads shall be capable of early integration with the previously improved Texas
road system, and at least one end should connect with a road already or soon to be
improved on the state system of roads.
County road and bridge fund
Sec. 4.003. (a) Article VIII, Section 9, of the Texas Constitution, as amended, gives
counties the authority to establish a county road and bridge fund and to use a portion of
its general revenue as a source of money for the fund, subject to the limitation on tax
rates described in that article. That article, with limitations, permits counties to levy an
additional tax for the road and bridge fund if that tax is approved by the voters in a
manner described by Section 4.102 of this Act.
(b) Money in the road and bridge fund may be spent only by order of the commissioners
court, except when otherwise provided, and'"only for working public roads or building
bridges. The court may make the necessary drders for utilizing the money and for using
convict labor for these purposes.
(c) The county's share of funds collected from the registration of motor vehicles that is
deposited in the county mad and bridge fund shall be determined according to Chapter SR,
General Laws, Acts of the 41st Legislature, 2nd Called Session, 1929, as amended (Article
6675a-10, Vernon's Texas Civil Statutes), or a future law,
SUBCHAPTER B. TAXES
Authority to levy tnx
Sec. 4.101. The commissioners court of each county may levy a Tax, part of the
revenue Crom which may be used to establish [he road and bridge fund, as 'ong as the
limitations in Article VIII, Section 9, of the Texas Constitution, as amended, are observed.
24 '
ROADS, BRIDGES, & FE
Tltle 118
Sec. 4.102. (a) On preset,
petition signed by 200 qua;
qualified in any political sr.
election, the court shall ord.
road tax not to exceed 15 cc~
amendment of 1889 to the c:
may act on the petition with<
amount to be levied, not to er
to be held on the next uni'~
Code, as amended (Article _
20th day after the day the
qualified voters of any porti
to the court requesting that
a defined district, the court
order for the district in the rr
bounds the territory desire8
(b) No forma] notice need I
election proclamation. Notici
county or political subdivision
election shall be printed by 1
judge before the election opa,
shall be printed to provide `~
tax:' The expenses of the e?
shall be conducted as other a
the same shall be appofnted'~,
political subdivision or define
(c) If at the election a may,
the tax, it is not nece ary t
votes, as in other case and
shall then levy a road tax, in
specified in the order for th".
county taxes are levied, if th.
be made at any time before t.
the tax shall cam, no petitio
if it fails to carry, another p.
order granting the second or
levy, but not to exceed 15 cr
levied for any one year the
without a petition for that acts
as in other cases, but there
court that there is great dissa(
of the citizens of the county o
to vote for the tax would vot
petition to repeal shall be den
(d) No bonds may be issues
Additional county tex levy
Sec, 9.103. (a) No state ai
state for general revenue pur
(b) The several counties of i
all property within their res
$3,000 value of residential hori
addition to all other ad valore
revenue from these taxes shall
maintenance of farm-to-marke
purposes only.
)S, BRIDGES, & FERRIES	BRIDGF,S, & FERRIES Art. 6702-1
ROADS
TltJe 118	,
Tltle It6
c Transportation Commission	Specinl rond fez
surveys, preparing plans and
The cost of this s
onstruction	~~
Sec. 4.102. (a) On presentation to the-commissioners court at any regular session of a
.	petition signed by 200 qualified voters of the county or a petition of 50 persons so
	qualified in any political subdivision or defined district of the county requesting the
	election, the court shall order an election to determine whether the county shall levy a
ed for financing the construe-	road tax.not to exceed 15 ce»ts on the $100 value of property under the provisions of the
s by the State Department of	amendment of 1889 to the constitution of the State of Texas, adopted in 1890. The court
i
	ng the
may act on the petition without notice and may make an order for the election, fix
	amount to be levied, not to exceed 15 cents on the $100. The court shad order the election
~ortation shall use the mone
Y	to be held on the next uniform election date authorized by Section 9b, Texas Election
4364a, Revised Statutes, as	Code, as amended (Article 2.016, Vernon's Texas Election Code), that occurs after the
for such purposes so that not	20th day after the day the order is made. On a petition signed by a majority of the
n, improvement, and mainte- .	qualified voters of any portion of any county or of any political subdivision of any county
	to the court requesting that the portion of the county or political subdivision be created as
tem of roads selected by the	a defined district, the court shall declare the territory a defined district and record the
~ after consultation with the	order for the district in the minutes of the court. The petition must define by metes and
the most needed roads in the	bounds the territory desired to be incorporated in the defined district.
tsure equitable and judicious	(b) No formal notice need be given of the election, but the county judge shall issue an
of the state.	election proclamation. Notice of the election shall be pub)ished in the newspapers of the
d are as follows:	county or political subdivision or defined district as fully as practicable. Ballots for the
aid primary highway system;	election shall be printed by the county and sent to each voting precinct by the county
	judge before the election opens and as long before that time as practicable. The ballots
connect farms, ranches, rural	shall be printed fo provide for voting for or against the proposition: "Adopting a road
's, timber, and water loading	tax." The expenses of the election shall be paid for by the county. The special election
including community develop-	shall be conducted as other elections to the extent practicable. The officers to conduct
	the same shall be appointed as in other cases. Only qualified voters in the county or
an of economic values in the	political subdivision or defined district shall be permitted to vote at the election.
	(c) If at the election a majority of the qualified voters voting on the question vote for
routes or rural free delivery	the tax, it is not necessary to make further proclamation of that fact than to count the
	cotes, as in other cases, and officially announce the result, and the commissioners court
ne previously improved Texas	shall then levy a road tax, in the same manner that other taxes are levied, in the amount
. road already or soon to be	specified in the order for the election. The levy shall be made at the same time other
	county taxes are levied, if the election is held in time for that action. Otherwise, it may
	be made at any time before the rolls are made out. If at the election, the proposition for
	the tax shall carry, no petition for its repeal shall be granted in less than two years. But
nstitution, as amended, gives	if i[ fails to carry, another petition may be granted in one year, but not sooner, and the
fund and to use a portion of	order granting the second or any subsequent petition may fix a greater or lesser rate of
ibject to the limitation on tax	levy, but not to exceed 15 cents on the $100 worth of property. If no greater rate is
s, permits counties to levy an	levied for any one year the commissioners court may lower the rate for the next year
approved by the voters in a	without a petition for that action. An election to repeal the levy may be ordered and held
	as in other cases, but there must be satisfactory proof presented to the commissioners
by order of the commissioners	court that there is great dissatisfaction with the tax and that it is probable that a majority
king public roads or building	of the citizens of the county or political subdivision or defined district who are authorized
izing the money and for using	to vote for the tax would vote for the repeal of the law. Unless the proof is made, the
	petition to repeal shall be denied.
•ation of motor vehicles that is	(d) No bonds may be issued under this subchapter.
Wined according to Chapter 88,
;ion, 1929, as amended (Article	Additional county tax levy for flood control and roads; discontinuance of state levy
	Sec. 9.103. (a) No state ad valorem tax may be levied on any property within this
	state for general revenue purposes, except as provided in this section.
	(b) The several counties of the state may levy, assess, and collect ad valorem taxes on
	all property within their respective boundaries for county purposes, except the first
	S3.000 value of residential homesteads, not to ex~~ed 30 cents on each $100 valuation, in
may levy a tax, part of the	addition to all other ad valorem taxes authorized by the constitution of [he state. The
id bridge fund, as long as the	revenue from these taxes shall be used as provided in tfiis section for the construction and
ion, as amended, are observed.	maintenance of farm-CO-market and lateral roads or for flood control and for these two
	purposes only.
i	25
COMMISSIONERS' COURT MEETING AGENDA REQUEST
** PLEASE FURNISH ONE ORIGINAL AND SIX COPIES OF THIS REQUEST AND ANY DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY:_~/~ ~ ~/ _ OFFICE: ~~
MEETING DATE: ~~~/~ /J //TIME PREF~ER~REfID: A.M. OR P.M. ~;/˘
SUBJECT: (PLEASE BE SPECIFIC) ~˘C (i~Zt~i /Vt%~ /~`~` ~~
ESTIMATED LENGTH OF PRESENTATION: (`J
TF PERSONNEL MATTER: NAME OF EMPLOYEE:_
NAME OF PERSON ADDRESSING THE COURT
e
THE TIME FOR SUBMITTING THIS REQUEST FOR COURT TO ASSURE THAT THE MATTER IS POSTED IN
ACCORDANCE WITH ARTICLE 6252-17 IS AS FOLLOWS:
* MEETINGS HELD ON SECOND MONDAY OF THE MONTH: 5:00 P. M. PREVIOUS WEDNESDAY
* MEETINGS HELD ON OTHER DAYS: 5:00 P. M. FOUR WORK DAYS BEFORE MEETING DATE.
IF PREFERABLE, AGENDA REQUESTS MAY BE MADE ON OFFICE STATIONERY WITH THE ABOVE INFORMATION
ATTACHED.
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
A.M. -
ALL AGENDA REQUESTS WILL RE SCREENED BY TILE COUNTY JUDGE'S OFFICE TO DETERMINE IP ADE-
QUATE INFORMATION HAS BEEN PREPARED FOR THE COUR'P'S FORMAL CONSIDERATION AND ACTION AT
TIME OF COURT MEETINGS. YOUR COOPERATION WILL BE APPRECIATED AND CONTRIBUTE TOWARDS
YOUR REQUEST BEING ADDRESSED AT THE EARLIEST OPPORTUNTIY.
ORDER N0.17434
ORDER CALLING FOR A SPECIAL
ROAD TP.X ELECTION FOR
RESIDENTS OF S9E5T CREEK
HEIGHTS SUBDIVISION
8-31-87
,;.> >`-
VOL, Q, Page 461