ORDER NO.295 89
CERTIFY TO SECRETARY OF STATE OWNERSHIP BY COUNTY OF
TURTLE CREEK CEMETERY
Came to be heard this the 13th day of March, 2006, with a motion made by
Commissioner Baldwin, seconded by Commissioner Williams. The Court
unanimously approved by vote of 3-0-0 to:
Certify to the Secretary of State ownership by Kerr County of the Turtle
Creek Cemetery and that Kerr County took ownership on April 25, 1977.
~9SB'9
COMMISSIONERS' COURT AGENDA REQUEST
j,3
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Rex Emerson OFFICE: County Attorney
MEETING DATE: March 13, 2006 TIME PREFERRED:
SUBJECT: Consider, discuss, and take appropriate action certifying to Secretary of
State ownership by county of Turtle Creek Cemetary.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Rex Emerson
ESTIMATED LENGTH OF PRESENTATION: 5 minutes
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request far 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. previous 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 time of Court
Meetings. Your cooperation will be appreciated and contribute towards you request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
TX HEALTH & S s 713.026
V.T.C.A., Health & Safety Code § 713.026
Vernon's Texas Statutes and Codes Annotated Currentness
Health and Safety Code Refs &Annos
Title 8. Death and Disposition of the Body (Refs &Annos)
Subtitle C. Cemeteries and Crematories (Refs &Annos)
R~ Chanter 713.__.Local Regulation of Cemeteries
"l~ Subchapter B_County Regulation of Cemeteries
~§ 713.026. Use of Public Funds and Property Prohibited; Exceptions
Page 1 of 2
(a) Except as provided by Sections 713.027 and 713.028, a trustee of a fund established under this
subchapter or a member of the commissioners court or any other elected county officer may not pay
or use public funds or county employees, equipment, or property to maintain a neglected or unkept
public or private cemetery.
(b) Subsection (a) does not apply to a county if:
(1) the county owned the cemetery from September 1, 1976, through January 1,
1979; or
(2) the county used county funds, employees, equipment, or property to maintain acounty-owned
cemetery during 1976.
(c) A county described by Subsection (b)(1) or (2) may continue to own the cemetery or to provide
maintenance for the cemetery that qualified the county for the exception if the county files with the
secretary of state a certified copy of a commissioners court order certifying that the county qualifies
to own or maintain a cemetery under this section. The order must be kept in a register entitled
"County-Owned and -Operated Cemeteries."
CREDIT(S)
Acts 1989. 71st Leo., ch, 678.6 1, eff. Sept. 1 1989.
REVISOR'S NOTE
2003 Main Volume
The source law refers to Article 2351f-3, Revised Statutes. That statute is codified as Section
713.028, and the revised law reflects this change.
HISTORICAL AND STATUTORY NOTES
2003 Main Volume
Prior Laws:
Acts 1969, 61st Leg., p. 1652, ch. 516.
Acts 1977, 65th Leg., p. 1658, ch. 654, § 4.
Acts 1979, 66th Leg., p. 497, ch. 228, § 1.
Acts 1983, 68th Leg., p. 4602, ch. 780, § 1.
Acts 1985, 69th Leg., ch. 720, § 1.
Vernon's Ann_Civ.St. art. 2351f-1~~~8 9.
LIBRARY REFERENCES
http://web2.westlaw.com/resulUdocumenttext.aspx?cnt=DOC&rs=WL W6.02&fn-_top&qu... 3/7/2006
T~ HEALTH & S s 713.026
2003 Main Volume
Cemeteries X17.
Westlaw Topic No. 71.
C.].5..,.Cemeteries §~ 26 to 27.
RESEARCH REFERENCES
2005 Electronic Pocket Part Update
Encyclopedias
TX Jur._3d Cemeteries ~ 42, County Trust Funds for Perpetual Care.
Treatises and Practice Aids
Brooks,_36 Tex. Prac. Series 5 33_9, Parks-Cemeteries.
V. T. C. A., Health & Safety Code § 713.026, TX HEALTH & S § 713.026
Current through the end of the 2005 2nd Called Session of the 79th Legislature
© 2005 Thomson/West
END OF DOCUMENT
Page 2 of 2
(C) 2006 Thomson/West. No Claim to Orig. U. S. Govt. Works.
http://web2.westlaw.com/result/documenttext. aspx?cnt=DOC&rs= WL W 6.02&fn-_top&qu... 3/7/2006
~`~
ORDER N0. 12975
ACCEPTANCE OF DEED TO TiIRTLE CREEK CEMETERY PROPERTY
On this the 25th day of April 1977, upon motion made by
Commissioner Lich, seconded by Com,aisaioner Sallee, the
Court unanimously approved Che accep[ance of the deed from the
Kerrville Independent School District to the Turtle Cteek
Cemetery Property, as per bid specifications and restrictions,
including the responsibility for maintenance thereof.
29
On this the 11th day of April 1977, upon motion made by Coamiis sinner Stone, seconded
by Coimsissioner Sallee, the Court unanimously approved the Minutes of Commissioners' Court
of Kerr County, Texae, from pages 206 thru 214, Volume 0.
o-o-o-o-o-o-o-o-o-o
COURT ADJOURNED APRIL L1, 1977 at 12:05 o'clock P. M.
o-o-o-o-o-o-o-o-o-o
COURT CONVENED IN SPECIAL SESSION April 25, 1977 at 11:30 o'clock A. M., with
the following officers present: ~.
Julius R. Neunhoffer County Judge
Earl Garrett Coaeaissioner Precinct No. L
Clinton M. Sallee Commissioner Precinct No. 2
Victor Lich Commissioner Precinct No. 3
' and the Court having duly opened, the following proceedings were had:
N0. 12972 ACCEPTANCE OF DESIGN DEVELOPMENT DRAWINGS OF LESTER B. WNITTON ASSOCIATES
On this the 25th day of April 1977, upon motion made by Commissioner Sallee, seconded
by Commissioner Lich, the Court unanimously approved acceptance of Design Development Draw-
ings of Lester B. Whitton Associates and authorized Lester B. Whitton Associates to proceed
with design drawings for the proposed ree toration and remodeling of the Kerr County Courthouse.
o-o-o-o-o-o-o-o-o-o
NO. 12973 APPROVAL OF PLAT OF AQUA VISTA ESTATES SECTION TWO
On ehie the 25th day of April 1977, upon motion made by Commissioner Sallee, seconded
by Commissioner Lich, the Court unanimously approved the Plat of Aqua Vista Es rates Section
Two.
o-o-o-o-o-o-o-o-o-o
NO. 12974 APPROVAL OF PLAT OF MESA PARK SUBDIVISION PHASE I
On this the 25th day of April 1977, upon motion made by Commissioner Sallee, seconded
by Commissioner Garrett, the Court unanimously approved the Plat of Mesa Park Subdivision
Phase I.
o-o-o-o-o-o-o-a-o-o
NO. 12975 ACCEPTANCE OF DEED TO TURTLE CREEK CEMETERY PROPERTY
On this the 25th day of April 1977, upon motion made by Commissioner Lich, seconded
by Comai ssioner Sallee, the Court unanimously approved Che acceptance of the deed from the
Kerrville Independent School District to the Turtle Creek Cemetery Property, as per bid
specifications and restrictions, including the responsibility for maintenance thereof.
o-o-o-o-o-o-o-o-o-o
COURT ADJOURNED April 25, 1977 at 11:55 o'clock A. M.
o-o-o-o-o-o-o-o-o-o

"~'2~ Deso ~ 196 PAGE s77
F TEXAS ¢~"~"`
RNON ALL MEN BY THESE PRESENTSt
XERR '~ s
RERRVILLE INDEPENDENT SCHOOL DISTRICT, acting herein by
its duly anthorized PreBideii[ of the Hoard oP Trltstee9,
'for and in consideration of the sum of TEN AND NO/100THS ($10.00)
Dollars and other valuable consideration to it in hand paid by
EERR COUNTY, TEXAS, the receipt whereof being hereby acknowledged,
has until the time hereinafter stated, GRANTED, SOLD AND CONVEYD,
>-'ai~°?y iheso presents does GRANT, SELL AND CONVEY unto ICERR COUNTY,
RE7Cli$',~and for the purpose that such property is used and maintained
as a cemetery for the interment of present, former or future residents
of the Turtle Creek Community area, or the descendants of such
residents, without discrimination again at any each resident because of
race, color, aex~ or national origin, all that certain tract or parcel
of land in Rerr County, Texas, described as follows:
Being out of and part of that certain three (3)
acre tract of land out of Survey 1845,. J. P. Bird,
Abstract-Number 1058 conveyed by James Spicer to
P. H. Ridgeway, J. D. Ramsey and Arthur Real,
School Trustees of District Number Six, Rerr County,
by instrument dated the 13th day of June, 1892, and
recorded in Volume R at page 32, Deed Records oP
Rerr County, Texas/ being that portion of the afore-
said'three i3) acre tract, lying to the_north o£ Farm
~to Market Road 1273 from the midpoint of such roadway
and comprising two (2) acres of land, more or less,
and being the property on which the Turtle Creek
Cemetery is presently located, subject to all ease-
ments presently enforced.
SAVE AND EXCEPT AND THERE IS HEREBY RESERVED unto
Grantor, 1ta successors and assigns, all of the oil,
gas and other minerals in, on and under and that may
be produced from the above described proeprty, to-
gether with the right of ingress and egress at all
times for the purpose of mining, drilling, exploring,
operating and developing said land for oil, gas and
other minerals and removing the same therefrom.
This conveyance is made and accepted upon the further covenant,
consideration and condition that the following restrictions shall
Sn all things be observed, followed and complied with:
(a) The above described realty, or any part the;eof,
shall not be used in the operation of, or in conjunction
tion with, any school or other institution of learning,
study or instruction, which discriminates against any
person because of his race, color or national origin, '
regardless of whether such discrimination be effected
by design or otherwise. '
fi
1.
~r% ~ !96 PAGE 378
~; ~F~. e'
~:~,~; (b) Tha=eticv0'deecribed realty, or any part thereof,
shall not~-ba--used Sn the operntion of, or in conjunc-
tion with, :any school or other institution of learn-
inq, atudp`4r instruction which creates, maintains,
reinforces,=r+enewa, or encourages, or which tends to
-- create, maiatain, reinforce, renew or encourage, a
-. dual acboo3:.system.
~~ "Tlieisi6 restrictions and conditions shall be bind-
ing upon grantee, Karr County, Texas, its successors
and assigns.for a period of fifty yearn from the date
hareof~ and in case of a violation of either or both
of tho above restrictions, the estate herein granted
shall, without entry or suit, iaeaediately revert to
and vast in the grantor heroin and its aucceeaora,
this instrument shall be~null and void; and grantor
and its successors shall be entitled to immediate
poaseeelon of such premises and the improvements
thereon and no aat or omission upon the part of
grantor herein and its aucceeaora shall be a waives
of the operation or enforcement of such condition.`
"The restriction set out in (a) above shall be
construed to be for the benefit of any person pre-
judiced by Sts violation. The restriction specified
in ib) above shall be construed to be for the benefit
of any public school. district or any person prejudiced
by Sts violation."
TO NAVE ANO TO HOLD the above described premises unto the said
Kerr County, Texas, Ste aucceeaora and assigns, eo long as such pro-
por'ty Se used end maintained ae a oemetery for the interment of
present, former oz future Yeeidente o! the Turtle Creek Commun.lty
urea, or the descendants of such residents, wi~thovt diecrim.lnation
against any such resident be~:auea o! race, color, sex or national
origin] and , whenever the herein described property shall cease
ko be used fur the aforementioned purposes, then and thereupon,
this conveyance shall be null and void and the said land and premises
aha 11 absolutely revert without any necoeeity for suit or re-entry
by the grantor herein, 1!a aucceeaora or assigns] and no act or
omission on the part of any of them shall be a waiver of the operation
or enforcement of such limiation and/or condition.
But it is distinctly ONDERSTOOD AND AGREED that this conveyance
Sa made and accepted without covenants or warranty of any kind,
either express or implied.
EXECUTED this .~.G~h day of ~,DYi ~ 1977.
KERRVILLE INDEPENDENT SCHOOL DISTRICT j
i
r
ay: C, I
idney C. ,irkel
President, .Board of Trustees
,~
THE STATE OP TEXAS S oOL 196 PAGE 379
COUNTY OF RERR 3
BEFORE ME, the undersigned authority, a Notary Public in and
for Rerr ~COUnty, Texas, on this day personally appeared 3IDNEY C.
ZIRKEL, PreaidenL oL the Board of Trustees of Kerrville Independent
School District, known to me to be the person whose name Se sub-
scribed to the foregoing instrument and acknowledged to me that
he executed the same for the purposes and consideration therein ex-
pressed, and as the act and deed of the said Kerrville Independent
Schoo;District, and in the capacity therein stated.
~'G~yy•t~~t~~UNDER MY RAND AND SEAL OF OFFICE, this the ~~~h day of
'i4~~1,..L'h..', A. D. 1977.
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FILED FOR RECORD
ot... ~ s'°_.o'clockQ.JN.
APR Q R 1977
EMMIE M. MUENnHt
ti ^
8~~~~r
s ~ ~2~± ~~
to ~'PU c, Xerr~COVnty, Texas.
Filed for record ~A ril~ 2H, 1977 at e:50 ~.M , ,
Recorded May 3, 1977 A e ~a~
EMMIE M. MUENKER, Clerk By~N-Cam.<~.ea~ /~„rr'uai Deputy
Commissioners Court Order No.
Whereas, on April 25, 1977 in Order No. 12975 the Kerr County Commissioners Court
accepted a deed from the Kerrville Independent School District to the County for the Turtle
Creek Cemetery Property;
Whereas, Texas Health and Safety Code Section 713.026(a) states that unless specifically
excepted, the county is prohibited from the use of public funds and property to maintain a
neglected or unkept public or private cemetery;
Whereas, Texas Health and Safety Code Section 713.026(b)(1) excepts the county if the
county owned the cemetery from September 1, 1976 through January 1, 1979;
Kerr County hereby certifies to the Texas Secretary of State pursuant to Texas Health and
Safety Code Section 713.026( c) that Kerr County owned the Turtle Creek Cemetery on April 25,
1977 and thereby qualifies for an exception under Section 713.026(b)(1).
Pat Tinley -County Judge
Date
Commissioners Court Order No.
295139
Whereas, on April 25, 1977 in Order No. 12975 the Ikerr County Commissioners Court
accepted a deed from the Kerrville Independent School District to the County for the Turtle
Creek Cemetery Property;
Whereas, Texas Health and Safety Code Section 713.026(a) states that unless specifically
excepted, the county is prohibited from the use of public funds and property to maintain a
neglected or unkept public or private cemetery;
Whereas, "Texas Health and Safety Code Section 713.026(b)('1) excepts the county if the
county owned the cemetery from September 1, 1976 through January 1, 1979;
Kerr County hereby certifies to the Texas Secretary of State pursuant to Texas Health and
Safety Code Section 713.026( c) that Kerr County owned the Turtle Creek Cemetery on April 25,
1977 and thereby qualifies for an exception under Section 7l 3.026(b)(1).
/ % ~ NERS ~~ 3 ZtJa~
e~- c~y0 ,....,,,Cp ~-
Pat Tinley -County .fudge ~ G Date
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