ORDER NO. 30532
MILTON TAYLOR COURT-MANDATED PROPERTY CLEAN UP
Came to be heard this the 24th day of September, 2007, with a motion made by
Commissioner Williams, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Approve limited access to Mr. Taylor as detailed by counsel by restructuring the
fence and tying it to a gate at the point identified by counsel as an access location
until January 24, 2008 at which point the fence should be restored like he found it,
at Mr. Taylor's expense, and Mr. Taylor will keep the County gate locked at all
times when he is not using it. Mr. Taylor will be under a mandate to remediate
whatever may occur to the County property as a result of these actions (possibly
the fence or the roadway may get rutted up due to heavy rains and be in a worse
condition that it is presently in).
3 oS3~
~, a ~ COMMISSIONERS COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
~f f
MADE BY: Ilse Bailey
OFFICE: County Attorney
MEETING DATE: 9/24/07
TIME PREFERRED: Any
SUBJECT: Consider, discuss and take appropriate action to allow Milton Taylor to
have limited temporary access across county land to enter a portion of his property in
order to facilitate court-mandated cleanup of his property.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Ilse Bailey
ESTIMATED LENGTH OF PRESENTATION: 5 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:
5:00 P.M. previous Tuesday.
THIS REQUEST RECEIVED BY:
THIS REQUEST 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 you request
being addressed at the earliest opportunity. See Agenda Request Rules Adopted by
Commissioners= Court.
~,~P'iE OF ~
x
H
., ~.~
~.. {,
KERR COUNTY ATTORNEY
REX EMERSON
COUNTY COURTHOUSE, SUITE BA-lO3 7OO MAIN STREET KERRVILLE, TEXAS 78028
MEt~lE2RA[VD!!M
To: Kerr County Judge and Commissioners
• rr Count Attorne r%
From. Ilse D. Bailey, Assistant Ke y y
Date: September 7, 2007
Re: Agenda Request re Milton Taylor (Backup)
Milton Taylor has been under court order since November, 2005, to remove
solid waste (mostly junk cars) from his property. This property is adjacent to
county property along Ftat Rock take. He failed to clean the property up as
ordered, and was briefly jailed as a result. The County Attorney's office has
now reached an agreement with him whereby he has agreed to complete the
cleanup to the specifications required in the Texas Administrative Code, using
a properly licensed engineer to direct and verify to TCEQ that the cleanup is
done.
Taylor maintains that his cleanup efforts wilt be hampered by the fact that
the portion of his property closest to the county park wilt be difficult to
access with the large vehicle crushers that will be needed for the project
unless he is permitted to come through county property as indicated on the
aerial photograph. He has agreed that if this permission is granted, he
understands that it wilt expire on January 24, 2008, the fast date for
compliance as set out in the court order requiring the cleanup. He also
agrees that any costs associated with gaining access and restoring any
fencing/gates after the access is terminated will be his responsibility. Any
costs incurred or damage done that is not paid for by him immediately will
entitle Kerr County to pay for or remediate, and thereafter to assess these
costs against Taylor and/or his property.
The Kerr County Attorney's office respectfully recommends that this Court
authorize Mr. Taylor to have this limited temporary access as requested, at
his full cost, in order to remediate the environments! issues that have been a
source of concern far Kerr Country since at least 1999, and perhaps earlier.
MAIN NUMBER (830) 792-2220 HOT CHECKS (830) 792-2221 Fax (830) 792-2228
Website: http://www.co.kerr.tx.us/attorney