ORDER NO. 20225
AUTHORIZATION FOR THE COUNTY ATTORNEY'S OFFICE
TO MAIL A LETTER BY CERTIFIED MAIL TO MR.
FLOYD LACKEY; AND, THE FINDINGS OF THE COURT IN
REFERENCE TO THE CATTLEGUARD CONSTRUCTED ON
SAW MILL ROAD
On this the 25th day of April 1991, came on to be considered
the matter of the cattleguard and posts constructed by Floyd
Lackey across Saw Mill Road, located west of Camp Verde,
Texas, and, it being found by the Court that:
1. Said roa4 is a county road, having been established
as such over fifty (50) years ago and having been
maintained by the county from that time until the
present;
2. Floyd Lackey has constructed a cattleguard and
posts in and upon the county right-of-way on Saw
Mill Road;
3. The construction of said cattleguard and posts was
done without authorization or permission; and,
4. The present location of said cattleguard and posts
is an inconvenience to the traveling public;
IT IS THEREFORE ORDERED on motion made by Commissioner
Holekamp, seconded by Commissioner Morgan, with
Commissioner's Holekamp, Morgan and Oehler voting "AYE", and
Commissioner Lackey "ABSTAINING" by a majority VOt• Of 3-0-1
by the Court, that authorization be and is hereby given to
the County Attorney's Office to take whatever action may be
necessary to enforce this order.
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COUNTY ATTORNEY
DAVID SAOTiBY
ASSISTANT COUNTY ATTORNEYS
E. BURKE HUBPA, JR.
STAN RFJD
COUNTY ATTORNEY
COUNTY OF KERB
STATE OF TEXAS
April 25, 1991
!2S•H HARL GARAETT
KFAAVII12t, TFXAS 78028
PAX (S 12) 896.7'JBO
(312) 696•S)38
CERTIFIED MAIL
Mr. Floyd Lackey
P. O. Box 157
Center Point, Texas 78010
Re: cattleguard across Saw Mill Road
Dear Mr. Lackey:
The Commissioners' Court of Kerr County has determined that
you have placed a cattleguard and posts in and upon a County road
without permission or prior approval of the County. This letter
will serve, therefore, as notice and demand that you remove the
cattleguard and posts and return the road to its original condition
within ten (10) days of receipt of this notice and demand.
You may, however, apply to the County Engineer for permission
to construct a cattleguard and place posts at a more suitable
location. The County Engineer is Franklin Johnston and may be
contacted at 101 Spur 100, Kerrville, Texas, 78028, 512/257-2993.
Any such cattleguard must be constructed and installed pursuant to
the County Engineer's specifications and requirements. The
cattleguard and posts will become the property of the County upon
installation.
Should you refuse to remove or relocate the cattleguard within
the ten days allotted herein, the County will be forced to remove
it and will institute an action against you for recovery of all
costs of removal and damages to the roadway plus attorneys' fees
and costs incurred in bringing the action.
I feel sure that you will take the proper steps to relocate
the cattleguard and hope that this will finally resolve the
problems.
Trul yours,
Sta Reid
Assistant County Attorney
/hh
cc: Mr. E. Dwaine Machann
Wallace, Mosty, Machann, Jackson & Williams
Attorneys at Law
820 Main Street
Kerrville, Texas 78028
The Honorable William G. Stacy
Kerr County Judge
Kerr County Courthouse
700 East Main Street
Kerrville, Texas 78028
Mr. Darrell G. Lochte
Lochte Law Offices
305 Earl Garrett Street
Kerrville, Texas 78028
ORDER NO.
RELATING TO THE CATTLEGUARD CONSTRUCTED BY FLOYD LACKEY
ON SAW MILL ROAD, A COUNTY ROAD.
On this the 25th day of April, 1991, came on to be considered
the matter of the cattleguard and posts constructed by Floyd Lackey
across Saw Mill Road, located west of Camp verde, Texas, and, it
being found by the court that:
1. Said road is a county road, having been established as
such over fifty (50) years ago and having been maintained by the
county from that time until the present,
2. Floyd Lackey has constructed a cattleguard and posts in
and upon the county right-of-way on Saw Mill Road,
3. The construction of said cattleguard and posts was done
without authorization or permission, and
4. The present location of said cattleguard and posts is an
inconvenience to the travelling public;
IT IS THEREFORE ORDERED that
remove said structures from the
receipt of such notice, and that
notice to return the roadway from
removed to its original condition
of such notice; and,
Floyd Lackey be given notice to
roadway within ten (10) days of
the said Floyd Lackey be given
which said structures are to be
within ten (10) days of receipt
IT IS FURTHER ORDERED that authorization be and is hereby
given to the County Attorney's Office to take whatever action may
be necessary to enforce this order.

COMMISSIONERS' COURT AGENDA REQUEST
*PEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Glenn Holekamp
MEETING DATE: 4/zs/91
OFFICE: Commissioners' Court
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) Consider action on and authorization for County
Attorney to take whatever action necessary to remove encroachments on Saw Mill Road.
EXECUTIVE SESSION REQUESTED: YES x NO
PLEASE STATE REASON FOR EXECUTIVE SESSION
ESTIMATED LENGTH OF PRESENTATION:
PERSONNEL MATTER - NAME OF EMPLOYE:
NAME OF PERSON ADDRESSING THE COURT: Commissioner Pct. ~~3
Time for submitting this request for Court to assure that the matter 1s posted in accordance
with Article 6252-i7 1s 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: is
THIS REQUEST RECEIVED ON : 4/22/91 ~ 8:30 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.