ORDER NO. 20417
CONSIDER FOLLOW-UP ACTION AND AUTHORIZATION
OF COUNTY ATTORNEY TO TAKE WHATEVER
ACTION NCECESSARY TO REMOVE ENCRACHMENTS
ON SAW MILL ROAD
On this the 25th day of July, upon motion made by
Commissioner Holekamp, seconded by Commissioner Oehler, the
Court unanimously approved by a vote of 3-0-0, to rescend
Order No. 20385, Mr. Lackey was asked to remove the the fence
and cattle guard by August 1, 1991, and to contact the Road
and Bridge Department for the correct procedures, on the
placement of the fence and cattleguard.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE OURT
MADE BY: STAN REID
OFFICE: COUNTY ATTORNEY
MEETING DATE: JULY 2s, t99t
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC )
DISCUSSION OF POSSIBLE LITIGATION REGARDING ORDER N0. 20385 ON SAW MILL ROAD
EXECUTIVE SESSION REQUESTED: YES x= NO
PLEASE STATE REASON FOR EXECUTIVE SESSION P~ssTRr,F T,TTT[~ATT(lN
ESTIMATED LENGTH OF PRESENTATION:
PERSONNEL MATTER - NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: Ass~T coUNTY ATTORNEY
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; 12;00 P.M. previous Wednesday
* Meetings held on Thursdays: 5:00 P.M. previous Thrusday
THIS REQUEST RECEIVED BY:
TS
THIS REQUEST RECEIVED ON : 7/22/91 ~ 11:30 am
All Agenda Requests will be screened by the County Judge's Office to determine if
adequate information has been prepared for the Court'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 opportunity. See Agenda Request
Guidelines.
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J ORDER NO.
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RELATING TO THE RECONSIDERATION OF ORDER NUMBER 20385, APPROVING
THE LOCATING OF CATTLEGAURDS ON SAW MILL ROAD BY FLOYD LACKEY
On this the 25th day of July, 1991, came upon motion made by Glenn
Holekamp, the reconsideration of Order Number 20385, approving the
locating of two cattlegaurds on Saw Mill Road by Floyd Lackey, and
after receiving additional evidence and testimony, the Court finds
that, contrary to the assertions of Floyd Lackey, the placement of
a cattlegaurd or cattlegaurds on or across Saw Mill Road is not
reasonably necessay to his livestock operations and will present a
danger and an inconvenience to the travelling public.
The Court further finds that rather than construct the cattlegaurds
in accordance with Order Number 20385, Floyd Lackey has constructed
a fence within the county right-of-way which constitutes an
encroachment and a danger and an inconvenience to the travelling
public.
IT IS THEREFORE ORDERED that Order Number 20385 is hereby recinded
and the County Engineer is hereby directed to remove the
cattlegaurd placed in Saw Mill Road by Floyd Lackey.
IT IS FURTHER ORDERED that Floyd Lackey remove the fence that he
has placed in the County right-of-way on Saw Mill Road on or before
12:00 noon on August 1, 1991, and that upon his failure to remove
said fence, that the County Attorney of Kerr County is hereby
authorized to take any and all steps necessary to accomplish it's
removal and further that the County Attorney is exempted from bond
and security requirements for court costs, appeal, and for the
issuance of extraordinary writs.
ORDERED on the motion of Commissi°ner
by Commissioner
and _ _
with Commissioners,
seconded
voting "AYE," by a majority
L
vote of the Court of ~- -
July 12, 1991
Kerr County Commissioners' Court
Kerr County Courthouse
700 Main Street
Kerrville, TX 78028

RE: Sawmill Road, Cattleguard and Access to ~Gerstenberg
Property
Gentlemen:
we have reviewed the diagram attached as Exhibit "A". It is
sufficient to enable the school bus to turn around at the entrace
to the Gerstenberq property and is acceptable to the Center Point
School District.
Very truly yours,
BRUCE BRULEW, Bus Driver

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