ORDER N0. 20785
DECLARE AN EMERGENCY TO APPROVE TEN
PERCENT (10%) EXPENDITURE FOR
INDIAN CREEK ROAD AND AUTHORIZATIOi1
OF A HANDCHECK
On this the 10th day of February 1992, upon motion made by Commissioner
Oehler, seconded by Commissioner Lackey, the Court UNANIMOUSLY APPROVED
BY A VOTE OF 4-0-0, to declare an emergency and authorize a handcheck
for $48,400.00 made payable to Texas Department of Transportation for
the Indian Creek Road Project and authorization for Judge Stacy to
sign Construction and Maintenance Agreement between Kerr County and
Texas Department of Transportation.
The County Treasurer and the County Auditor are hereby authorized to
draw a voucher for $48,400.00 made payable to Texas Department of
Transportation.
County Kerr
Control 915-15
Project
Read/Street CFt 151 ( Indian Creek ttc
CONSTRUCTIOPI AND D'IAINTETIANCE AGREEMP'NT
FOR BRIDGE REPLACEP+iErTr OR REHABILITATION
OFF THE STATE SYSTEM
TfiIS AGREIIKIIai', made on the date shown hereinafter, by and between the Texas
Department of Transportation, hereinafter called the "Department", and
_ , a local government, of governmental agency
or entity, hereina ter called the "Goverrunental Agency" acting by an3 through its
and by virtue of the authority shown on Exhibit A
attached ereto and made a part hereof.
p1ITt3E5SETH
ti~7f~REAS, the Governmental Agency is owner of a bridge located on a public road
or street within its jurisdiction at CRl:i1 (Indian Creek nd) and the
C'i~ac3a l i~nP ::~ ver and
~JHERE~iS, under Title 23, United States Code as amended by the Surface
Transportation and Uniform Relocation Assistance Act of 1987 and subsequent
Federal legislation, a program entitled 1 987- 91 Off-State System Federal-Aid
Bridge Replacement and Rehabilitation Program has been approved by the Texas
Transportation Commission and said bridge is included in this program; and
;~~.S, it is incumbent upon the Department to assure accomplishment of this
work.
A G R E E M E N T
NOS9, THEREFORE, in consideration of the premises and of mutual covenants and
agreements of the parties hereto to be by them respectively kept and performed, as
hereinafter set forth, it is agreed as follows:
1. The Governmental Agency hereby authorizes the Department or its contracted
consultant and Department's contractor to enter on the site of said bridge and
adjacent right of way or relocation right of way to perform surveys, inspection,
construction and other purposes necessary to replace or rehabilitate said bridge
and approaches.
2. The Governmental Agency agrees to provide, at its expense, the necessary
adjustment of any and all utilities and services, whether publicly or privately
-I- `~~
owned, as may be necessary to permit the work authorized herein. E~cisting
utilities will be adjusted in respect to location and type of installation in
accordance with requirements of the Department.
3. The Governmental Agency agrees to provide ZO$ of the actual construction
cost of the bridge replacement or rehabilitation project including preliminary
engineering and construction engineering, or that portion of the cost of the
project not reimbursable by the Federal Highway l~dministration. The Governmental
Agency further agrees to acquire, at no cost to the Department, any additional
right of way, if required.
within 30 days following execution of this agreement the Governmental Agency
agrees to pay to the Department by check made payable to the Texas Department of
Transportation an amount equal to 10$ of the estimated cost of the project.
Forty-five days Frior to the Department's scheduled date for the contract letting,
the Governmental Agency agrees to pay to the Department an amount equal to the
remaining 10$ of its obligation. If, at any time during plan develorment or
construction of the project, it is found that the amount received is insufficient
to pav the Governmental Agency's obligation, then the Department shall immediately
notify the Governmental Agency which shall promptly transmit the required amount
to the Department. After the project is completed, the actual cost will be
determined by the Department, based on its standard accounting procedures, and any
excess funds paid by the Governmental Agency shall be returned to the Governmental
Agency.
4. If, after execution of the agreement, the Governmental Agency elects to
terminate the project, the Governmental Agency shall be responsible for those
eligible expenses incurred by the State which are attributable to the project.
5. The Department will prepare or provide for the construction plans,
advertise for bids and let the construction contract, or otherwise provide for the
construction and will supervise the construction or reconstruction as required by
the plans. The cost of all such services performed by the Department not
reimbursable by the Federal Highway Hdministration will be the responsibility of
the Governmental Agency. It is mutually agreed that as the project is developed
to the construction stage, both parties shall approve the plans by signature
approval thereon, and a copy of such plans will be attached hereto, marked
"Exhibit B", and made a part hereof.
6. Zn the event the terms of this agreement are in conflict with the
provisions of any other existing agreements and/or contracts between the
Governmental Agency and the Department, this agreement shall take precedence over
the other agreements and/or contracts.
7. Upon completion of the project, the Governmental Agency agrees to accept
ownership and operate and maintain the facility authorized by this agreement for
the benefit of the public without charge.
8. The Governmental Agency agrees to indemnify the Department against any and
all claims for damages to adjoining, abutting or other property for which the
Department is or may be liable arising out of, incident to or in any manner
associated with or attributed to the project.
-2-
I:7 TESTL'~NY ~•~E1EFtE0F, the parties hereto have caused these presents to be
executed in duplicate on the date herein stated.
THE GC~NTAL AGL;iICY
dame of Governmental Agency
By
_itle of executing fficial
i•J. G. STACY"", County Judge
^_I~ ST?~TE OF '_"EX1jS
Certified as being executed for the
purpose and effect of activating
and/or carrying out the orders,
established policies, or cork
programs heretofore approved and
authorized by the Texas Transportation
Commission under the authority of
tlinute Order 100002.
APPRCI~IED:
By
Luis Ybanez, P.E.
Director of Bridges
and Structures
Date
ATTEST:
(~
By• 1 deputy
sthe G~ za
-3-
COMMISSIONERS' COURT AGENDA REQUEST
V ',~,~'
*PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
_ DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Bruce Oehler
MEETING DATE: February lo, 1992
OFFICE: Commissioners' Court
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) Approve for signature Construction and
Maintenance Agreement for County Road 151, Indian Creek Road, and issuance of
- -----
County Check in the amount of $48,400.00 which is 10% up front money as required
EXECUTIVE SESSION REQUESTED: YES _ NO
PLEASE STATE REASON FOR EXECUTIVE SESSION
ESTIMATED LENGTH OF PRESENTATION:
PERSONNEL MATTER - NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: Commissioner Pct. ~~4
Time for submitting this request for Court to assure that the matter 1s posted in accordance
with Article 6252-17 1s as follows:
* Meetings held on second Monday: 12:00 P.M. previous Wednesday
* Meetings held on Thursdays: 5:00 P.M. previous Thursday
is
THIS REDDEST RECEIVED BY: --
THIS REGIUEST RECEIVED ON : February 3, 1992 ~ l0:4o am
All Agenda Requests will be screened by the County Judge's Office to determine tf
adequate information has been prepared for the Court's formal consideration and act{on
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.

TEYAS
DEPARTMENT OF TRANSPORTATION
P. 0. Box 951
Kerrville, Texas 78029-0951
November 12, 1991
Control: 915-15
Highway: CR 151
County: Kerr
Hon. Bill Stacy
Kerr County Judge
Kerr County Courthouse
Kerrville, Texas 78028
Subject: Off -State System Bridge Program
CR 151 (Indian Creek Road)
Dear Judge Stacy:
Attached find a Construction and Maintenance Agreement for County Road 151,
Indian Creek Road, for your execution. The agreement must have Exhibit A
attached. We have attached an example of Exhibit A to this letter which
may be used as a guide.
Please note that this Agreement requires that the County pay its 10°/0 'up
front" money within 30 days of the completed execution date. Payment will
be requested after all parties have executed this agreement. For this bridge,
10°/0 of the estimated cost is $48,400.00.
We will begin preliminary engineering on this project as soon as we receive
your check. If you have any questions please let us know.
Sincerely,
~~
Bill M. Tucker, P.E.
Supv. Resident Engineer
CAB:jb
Attachments
An Equa! Opportunity Employer
County Ke ~-~
Control 9i5-/S
Project
F3oad/Street c,Qis~ ~~da~ c~,~ ,tad J
cor:sTRUCTIOra Ar:D ru~rnTEru~~cE AGREEr~r:T
FOR BRIDGE R~LA.^_FT~L.T:"' OR RF.HABILITATIOr1
OFF ^.IiE S^.?~TE SYSTE^i
:"FiIS AGREEt-IEr°^, made on the date shown hereinafter, by and between the Texas
Department of Transportation, hereinafter called the "Department", and
,(~er~- C~u~ ~y a local government , or governmental agency
or entity, hereinafter called the '.'Governmental Agency" acting by and__ hrough its
~~ ~~ Coun~v .~uo~4~ and by virtue of the authorit oom on Exhibit Iv
attached ereto ahd made a part hereof. -~ ,
~~ ~~h/~/~ .'~ /S wnv ,7~~'C/ri
e~GGU~r+~rt ~rirho%i2inw So~eo~e
P1 I '" ?'. E S S E ".' H -~ ~X~! <_~ / /r/C e a ~~~ M ~ H r_~ ~" •
OC N w /! o~ 71 f. :O~in r y M/ ~hiS ,^,~O%eGT.
t•h~F1~S, the Governmental Agency is owner of a bridge located o~ a~public road
or street within its jurisdiction at c,2 isi ~/ndid~± ~~~ .2d;) ~.~~
die Gy.~,oe ~'y~° .~i•,,P ~ and
i•;H~tEAS, under Title 23, United States Code as amended by the Surface
'^ransportation and Unifo rn Relocation Assistance Act of 1987 and subsequent
Federal legislation, a program entitled / ~B 7- 4/ Cff-State System Federal-Aid
Bridge Replacement and Rehabilitation Program has been ao_aroved by the Texas
"_'ransportation Commission and said bridge is included in this program; and
~•)Eff~FF~.S, it is incumbent upon the Department to assure accomplishment of this
Ark.
AGREE61Er]T
idOL+T, '"fiEREFORE, in consideration of the premises and of mutual covenants and
agreements of the parties hereto to be by them respectively kept and performed, as
hereinafter set forth, it is agreed as follows:
1. '"he Governmental Agency hereby authorizes the Department or its contracted
consultant and Department's contractor to enter on the site of said bridge and
adjacent right of way or relocation right of way to perform surveys, inspection,
construction and other purposes necessary to replace or rehabilitate said bridge
and approaches.
2. The Governmental Agency agrees to arovide, at its expense, the necessary
adjustment of any and all utilities and services, whethez publicly or privately
~~ ~~~~J
~%~',
-1-
ORDER NO. 18001
I`1O'I'IOPI TO P1UVL•: UP PROGRAM UN PROJECT (2)F.: 1987-1991 UFF STATi
SYSTEr1 FEDERAL AID BRIDGE REPLACEMENT AND REHABILITATION
PROGRAPI - GUADRLUPE RIVER ON LANE VALLEY ROAD, BETWEEN THE
STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND
KERR COUNTY
On this the 12th day of July 1988, upon motion made by
Commissioner Lich, seconded by Commissioner Baldwin, the
Court unanimously approved that the County Judge be authorized
to sign a Letter of Intent to move up the Program on PROJECT (2)
RE: 1987-19°1 CFF ~'TATE SYSTEPI FEUEF2AL AID BRIDGE REPLACEMENT
71ND RP;fiABILITATION PROGRAM - GUADALUPE RIVER ON LANE VALLEY
1ZUAD, betcveen the State Department of Highways and Transporta-
tion and Kerr County, Texas, and to make payments as required
thereunder.

/~~
~/
~P
'rill; S~rn'Cl: Oi' 1'LK11S ~
I, 1'~~'I'IZICIII DYI,, Clcrlc of the County Court anti L:c-Ufficio
Clerk cif r_lie Commissioners' Court of Kerr County, 1'evas,
clc~ hereby certify th~:.t the above and foregoing is a true
atld correct copy of ORDLit N0. 18001 passed by the
Corrrmissioners' Court on the 12th--Tay of J~ul~
n. D. 1988 pis the same appears of record as tnani est,
of the I~[inutes of the Commissioners' Court of Kerr County,
'rc:ca ; .
IId TI;STIilOIIY t•JIICRL•'OF, I have hereunto set my hand and seal
of office at Kerrville, Texas, on this 3rd day of August _,
n. ll. lr9ss.
PATRICIA DY);
Clcrlc of the County Court
and h::-officio Clcrlc of the
Con-mi.^,~ior~ers' Court of I:ei-r
County, Texas
'! - '
Dorothy L. Pfeiffer Deputy
~- ~~~~~
~~
E1C/l~~iT '~