ORDER NO. 28787
Kerrville/Kerr County airport
Condemnation Proceedings
Came to be heard this the 23rd day of August 2004 with a motion made by Williams,
Seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0 to
enter into a joint resolution authorizing TEXDOT to undertake condemnation
proceedings to acquire property interests for protection of airport approaches and to
proceed with airport improvements, and authorize the Judge to sign all deeds and other
documents required to complete TXDOT project #0315KERVL
~ ~y , --, k~ "7
,~,/r~/
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINNAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY TRHE COURT.
MADE BY: David C. Pearce OFFICE: Ai ort Mana er
MEETING DATE: August 23, 2004 TIME PREFERRED: As early as possible
SUBLECT: (Approve Resolution as Submitted)
Consideration and Approval of Joint Resolution to authorize the TxDOT to enter into eminent domain
proceedings for purpose of acquiring real estate to protect airport approaches and proceed with airport
improvements, and to authorize the Mayor, County Judge, and City Clerk to sign all documents to
accomplish all land acquisitions associated with TxDOT Project #0315KERVL.
The City of Kerrville, Texas ("CitY~, and Kerr County, Texas ("County"), as joint owners of the Kerrville
MunicipaUKerr County AirRort/Louis Schreiner Field ("the Airport" ,have jointly entered into a contract
with the Texas Department of Transportation, Aviation Division (Resolution No. 147-2001, dated October
9 2001) to expand and make improvements at the Airport (TxDOT Project #0315KERVL). This project
contains land and aigation easement purchases to protect and enhance instrument approaches and provide
safety distance areas at the approach end of the runway.
Within the scope of this project, land and avi atg ion purchases of approximately 3.02 acres from landowners
Guy S. and Dottie Jones have been identified. The property has been appraised and Mr. and Mrs. Jones
have accepted the appraised offer. The Mortgage Company, who holds the lien on the property has refused
to release the property. Eminent domain is the next step to acquire the needed Aigation easement and
property. TxDOT has been ne otg iatin alg 1 the purchases for the City and County, and has an agreement
with an attorney who will pursue the condemnation on the owners' behalf. The Mayor and Coun Jud e
need to be authorized to sign all necessary deeds and other documents associated with the property
acquisitions that will be made pursuant to this project (TxDOT Project #0315KERVL).
EXECUTNE SESSION REQUESTED: (PLEASE STATE REASON) _None
NAME OF PERSON ADDRESSING THE COURT: David C. Pearce
ESTIMATED LENGTH OF PRESENTATION: 10 Minutes
IF' PERSONNEL MATTER -NAME OF EMPLOYEE
Time for submitting this request for court to assure that the matter is posted in accordance with Title 5,
Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. Tuesday.
@.
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 the time of Court Meetings. Your cooperation will be
appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Rules Adopted
by Commissioners' Court.
CITY OF KERRVILLE, TEXAS
RESOLUTION NO. 0 91 -2004
COMMISSIONERS COURT OF KERR COUNTY, TEXAS
RESOLUTION NO. 28787
JOINT RESOLUTION AUTHORIZING TXDOT TO UNDERTAKE
CONDEMNATION PROCEEDINGS TO ACQUIRE PROPERTY
INTERESTS FOR PROTECTION OF AIRPORT APPROACHES AND
TO PROCEED WITH AIRPORT IMPROVEMENTS, AND
AUTHORIZING THE MAYOR, COUNTY JUDGE AND CITY CLERK
TO SIGN ALL DEEDS AND OTHER DOCUMENTS REQUIRED TO
COMPLETE TXDOT PROJECT #0315KERVL
WHEREAS, the City of Kerrville, Texas ("City"), and Kerr County, Texas
("County"), as joint owners of the Kerrville Municipal/Kerr County Airport/Louis
Schreiner Field ("the Airport"), have jointly entered into a contract with the Texas
Department of Transportation, Aviation Division ("TxDOT"), to expand and make
improvements at the Kerrville Municipal/Kerr County Airport/Louis Schreiner Field
Airport (TxDOT Project #0315KERVL); and
WHEREAS, the project requires the acquisition of approximately 3.02 acres for
runway approach protection and other improvements; and
WHEREAS, the property has been appraised and the land owners Guy S. and
Dottie Jones have accepted the offer; and
WHEREAS, the Mortgage Company Countrywide Home Loans, 5898 Condor
Dr., MP-88A, Moorpark Calif. 93021 has refused to release the property at the offered
price determined by the appraisal; and
WHEREAS, other property interests will need to be acquired that will require the
execution and acceptance of deeds and other documents by the City and County;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF KERRVILLE, KERR COUNTY, TEXAS AND THE COMMISSIONERS
COURT OF KERB COUNTY, TEXAS:
SECTION ONE. The City Council of the City of Kerrville, Texas, and the
Commissioners Court of Kerr County, Texas, in order to enable TxDOT to accomplish
the land acquisitions contemplated by TxDOT Project #0315KERVL, hereby authorize
TxDOT to take all steps necessary to commence and complete eminent domain
proceedings on behalf of the City and County, for the acquisition of the 3.02 acres.
SECTION TWO. The Mayor, County Judge and City Clerk, acting on behalf of
the City and the County, are hereby authorized to execute such additional documents as
may be reasonably required by TxDOT to acquire this and other property interests
associated with this TxDOT Project.
PASSED AND APPROVED BY THE C TY COUNCIL OF THE CITY OF
KERRVILLE, TEXAS, ON this the day of C .D., 2004.
ine, Mayor
ATTEST:
Bren a G. Craig, C' Clerk
APPROVED AS TO FORM:
~ ~~
~~
Michael C. Hayes, City torney
PASSED AND APPROVED B~THEISSIONERS COURT OF KERR
COUNTY, TEXAS, ON this the ~~ ay of , A.D., 2004.
ATTEST:
nnett Pieper, County Cle
APPR D AS~FORM:
Da 'd M. Motle ,County Attorney
-.~. - -~.
~ ~ ~
Pat Tin y, County Judge
~~SSIONERSc
~~ ~~ OG9
~~
~'~' _ ~
~ +~
~9COUNTY~~