~~~7`~~~.i~
COMMISSIONERS' COURT AGENDA REQUEST
" PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Franklin Johnston ,P.E. OFFICE: Road & Bridge Department
Leonard Odom, Jr.
MEETING DATE: June 7, 1994 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC): Clarification of roads in Kerr Wildlife Management
GamePreserve
EXECUTIVE SESSION REQUESTED: YES
N O XX
PLEASE STATE REASON ; Clarification of roads in K. W. M. G. P.
--- ESTIMATED LENGTH OF PRESENTATION:
PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: Leonard Odom, Jr
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 Tuesday: 12:00 P.M. previous Wednesday
` Meetings held on Thursdays : 5:00 P.M. previous Thursday
THIS RE6~UEST RECEIVED BY:
THIS RE6~UEST RECEIVED ON: ~
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.i
Memorandum
To: Commissioners Court
From: Leonard Odom, Jr. & Franklin Johnston, P.E.
Date: 05/18/1994
Subject: Roads in Kerr Wildlife Management Game Preserve
Ken County has been maintaining the roads in the area known as the Kerr Wildlife Management
Area in West Kerr County for quite some time. The main road listed as Game Preserve is open,
but Fossler is behind a locked gate.
Last year Ken Wildlife Management Area approached us with the idea of paving their roads. As
we begin to look into this matter we suggested that TXDOT participate in the cost of the project
because it is State property. TXDOT told us that it was not on their list of responsibilties,
because it was State property used mainly for research not recreation. Texas Fish Hatchery and
the Agricultureal Research Service are much the same situtation and Ken County does not
maintain roads in these areas.
State Consitiution law prohibits expenditure of county funds if the county does not own or
control such property. At this time we ask the Court for a clarification or ask the County
Attorney for a legal opinion.

~~ Texas Department of Transportation
P.O. BOX 29928 • SAN ANTONIO, TEXAS 78284-3601 • (512) 615-1110
P. 0. Box 951
Kerrville, Texas 78029-0951
May 17, 1994
Mr. Franklin Johnston
Kerr County Engineer.
101 Spur 100
Kerrville, Texas 78028
Dear Frank:
This is to confirm our conversation concerning the maintenance of roads
in the Kerr Wildlife Management Area.
TXDOT is not responsible for the maintenance of these roads.
Sincerely,
Bill M. Tucker, P.E.
Area Engineer
BMT:jb
An Equal Opportunity Employer
ti
82.1d owner nay present to the jury a written statement of the damages
claimed by him, incidental to the opening of the road, and the 'jury
shall proceed to assess the damages, returning its assessment and the /~
" claimant's statemenC with its report, If the commissioners Court k
approves the report .and orders the road to be opened, it shall
consider the assessment and damages by the jury and the claimant's.
statement and allow to the owner just damages and adequate
compensation for t}~e land taken. When the damages and compensation
are paid or secured by special deposit with the county treasurer to
the credit of the owner and after notice of the payment or deposit to
the owner, and if no objection is made to the jury's report, the
court may proceed to have the road opened, if it is considered to be
of sufficient importance. The owner may appeal from the assessment as
in cases of appeal from judgment of justice courts, but the appeal
s}~all not prevent t}ie road fro~u being opened, but shall be only to
fix the amount of damages.
::axa.ip~{z.r', ~~'nX~aw;i~,~_:c~~.c-.+cwvoj.~~c~+l t i va~ ~v+..t~~~", vvaa~q
for public purposes and not suh ject'~'to'~sale unifiers,, ~ e g n
the state, without the consent of t11e trustees of the institution and
the approval of the governor. The roads opened before September 1,
1925, across the land may be closed by the authorities in charge of
the land whenever they consider it necessary to protect the interests
of the state, on repayment to tt~e county where the land is situated,
wit} eight percent interest, the amount actually paid out by the
county for the condemnation of Che land ~s shown by the records of ,~`}
the commissioners court. ./
82.1f SECTION 2.006 - NEIGHBORHOOD ROADS
(a) The commissioners court ~aay declare as a public highway any line
between different persons or landowners, any section line, or any
practicable route (a practicable route being one convenient to
landowners while at t}le same time avoiding hills, mo~intains, or
streams through any and all enclosures), subject to the following
conditions.
(b) One or more persons, firms, or corporations, who are landowners'
into whose land there is no public road or public means of access and
who desire an access road connecting their land with the county
public road system, may make a sworn application to the commissioners
court for an order establishing the road, designating the lines
sought to be opened and the names and residences of the persons
affected by the proposed access road, and stating the facts that show
a necessity for the road.
(c) After the application is filed, the county clerk shall issue a
notice to the sheriff or constable commanding him to summon those
landowners affected by tl~e application. Those summoned must appear at
the next regular term of the commissioners court if they desire to
contest the application, The notice shall be served and returned as
the service of citations in civil actions in justice courts.
INFORMATION GUIDE ON COUNTY GOVERAIMI'NT - OCTOBER, 1989

Item No. 2.13
Clarification of roads in Kerr
Wildlife Management Game
Preserve.
June 7, 1994
Vol T, Page 444