I(___..__ ....__-_-_. .------- - _-_-------._. -----~- - ._ -------- -----___ -------- -- ---- -- .~-.
COMNLCSSI0NER5' COURT CONVENED IN SPECIAL SESSION ON August 15th 1988 at 5:00 o'clock P.M., in the County Courtroan~`
i~ ~
!!of the Kerr County Courthouse, with the following members of the Court present: II .,
DANNY R. EDWARDS County Judge I;~~;
BILL RAY Commissioner Precinct 2 ~
VICTOR LICH Commissioner Precinct 3
H. A. BALDWIN Commissioner Precinct 4 ~~
'ABSENT: FRED HOLLAND Commissioner Precinct 1
'at which time a public hearing was held, concerning screening and regulating junkyards and/or J
'salvage yards, under authority granted to Texas Counties by Senate Bill No. 177, effective ~`
I~January 1st, 1988. ~,
~i
;.
!8 members of the public were present at the hearing.
;
'~
'IPublic Hearing adjourned on August 15th, 1988 at 5:15 o'clock P.M.
o-o-o-o-o-o-o-o-o-o
COMMISSIONERS' COURT RECONVENED IN OPEN SESSION at 5:16 o'clock P.M., and the following
;
'Iproceedings were had: ''
F !I
'!ORDER NO. 18053 ORDINANCE RELATING TO THE SCREENING AND REGULATION OF JUNKYARDS AND AUTOMOTIVE Ili
WRECKING AND SALVAGE YARDS
Ii I'
~I COUNTY OF KERB ~'
ORDINANCE NO: 18053 ~ ORD-JUNK/
'~'IISC. 87/GEK/s
~' 0.1/17/87
AN ORDINANCE RELATING TO THE SCREENING AND REGULATION OF JUNKYARDS AND
AUTOMOTIVE WRECKING AND SALVAGE YARDS. ~I
On the 15th day of August, 1988, on motion made by COMMISSIONER LICH and seconded by
~iCOMMISSIONER RAY, the following ordinance was duly adopted by vote of four members of the
i
.Commissioners Court of Kerr County, Texas. r
r.
;';
SECTION I
i,
WHEREAS, Senate Bill No. 177 has been adopted as law by the State of Texas, said statute ,~I
~,
Lgivinq to counties the power of adopt ordinances regarding the screening and regulation of
is
junkyards and automotive wrecking and salvage yards; and I
WHEREAS, the Commissioners Court of Kerr County, Texas feels that it is in the best
interest of the citizens of Kerr County to adopt an ordinance in accordance with said statutes
NOSY, THEREFORE, KERR COUNTY, TEXAS, HEREBY ADOPTS THE FOLLOWING ORDINANCE:
SECTION I
1. The terms "automotive wrecking and salvage yard", "junk", "junkyard", "recycling business",
"wrecked vehicle" shall have the same meanings ascribed to them in Senate Bill S.B. No. 177
referred to.
2. Person -- any individual, association, firm or corporation.
1
SECTION II !,!
p
1. The screening requirement established by Section 3 of this ordinance does not apply to: ~j
I
A. An automotive wrecking and salvage yard as defined by, and that is subject to, Chapter jf
886, Acts of the 68th Legislature, Regular Session, 1983 (Article 2372dd, Vernon's Texas
i
I
Civil Statutes): 'I
B. A junkyard or automobile graveyard as defined by the Texas Litter Abatement Act (Article
4477-9a, Vernon's Texas Civil Statutes) and that is subject to Section 4.08 of that Act;
C. A recycling business;
D. A junkyard or an automotive wrecking and salvage yard that is located entirely within
an incorporated city or town and that is subject to regulation in any manner by the City
Y, ORD-JUNK f
sc.s7/GEK/s•
/17/87
=K or town;
E. A junkyard or automotive wrecking and salvage yard that began operation before June 1,
1487.
'2.	The	licensing provisions of	Section 4 of this ordinance do not apply to:
	A.	A recycling business;	~~
	B.	A junkyard or an automot	ive wrecking and salvage yard that is located entirely within
	an	incorporated city or town	and that is subject to regulation in any manner by the city
			Z
['Y.ORD-JONK/	or	town;	
CSC. 87 / ;EK/sgp,~			
L/17/87	C.	A junkyard or automotive	wrecking and salvage yard that began operation before June 1,
i
	
198	
7.	i
			SECTION III
A person who operates a junkyard or an automotive wrecking and salvage yard in this County
'shall screen it by natural objects, plantings, fences, or other appropriate means so that the
screen is at least ten (10) feet in height alongside that portion of the junkyard or automotive
,Wrecking and salvage yard that faces a public road or family residence.
SECTION IV ~~
A junkyard or an automotive wrecking and salvage yard located within or partly within Kerr
bounty but outside or partly outside the jurisdiction of an incorporated city or town shall
bbtain and maintain current a license from Kerr County, with such licenses being known as junk-'
yard licenses.
1. The fee for issuance or renewal of such junkyard licenses shall be twenty-five (25) ii
dollars. ~'
2. The period of validity of such junkyard licenses shall be one il) year. 4~'
'~
3. Junkyard licenses shall be issued only for junkyards or automotive wrecking and salvage j
yards whose locations have been approved by Kerr County Commissioners Court.
f
4. A junkyard license may be suspended or revoked by Commissioners Court if the operator o~
the junkyard or
3 ~~
i
`- automotive wrecking and salvage yard:
y.o~-JVNx/
SC 87/GEK/sgp/' A. Does not erect the required screening within sixty (60) days after issuance of the license; or
/17/87 B. Does not mZintain the required screening in a sightly manner; or
C. Conducts operations or stores junk or one or more wrecked vehicles outside the screened area.
5. Fees received by Kerr County under the above licensing program shall be deposited in the general fund of ~I~
the county.
SECTION V
Failure to obtain or to maintain current a junkyard license or to properly screen sites j';
',covered by junkyard licenses shall constitute a violation of this ordinance.. II
i f
SECTION VI j,
Any person is entitled to appropriate injunctive relief to prevent a violation or threatened
Violation of this Kerr County ordinance. ,I
i
SECTION VII
A person who knowlingly or intentionally violates this ordinance commits an offense. Such II
offense is a Class C isdemeanor,
SECTION VIII
-__--_-----; This ordinance shall take effect August 15, 1988. ;'_
4
`), ?~d
SECTION IX
If any section, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid, the
shall not affect the validity of any other part or provision hereof.
SIGNID on the 15th day of August, 1988.
/s/ Danny R, Edwards
/t/ DANNY EDV~RDS
County Judge, Kerr County
AS TO FORM:
County Attorney
5
o-o-o-o-o-o-o-o-o-o
N0. 18054 M7PION TO ADJOURN
this the 15th day of August 1988, upon motion made by Commmissioner Baldwin, seconded by Commissioner Ray, the
unanittously approved that the Commissioners' Claurt Meeting be adjourned.
o-o-o-o-o-o-o-o-o-o
COURT ADJOURNID AUGUST 15th, 1988 at 5:17 o'clock P.P4.
~~~ ~~ o-o-o-o-oro-o-o-o-o
TEST: 1.1 Glil/LL~I~C_J /V~
PATRICIA DYE
County Clerk, Kerr County, Texas
FRED HOLLAND, C sinner Prec. 1
BIL., Y~C 5 loner, Prec. 2
oro-o-o-oro-o-ororo
' COURT CONVENED IN SPECIAL SESSION ON Tuesday, August 16, 1988 in the County Courtroom of the Kerr
ty Courthouse at 4:30 o'clock P.M, with all members of the Court present, at which time
following procedures were had:
NO. 18055 MOTION BY COMMISSIONER RAY TO RATIFY CANCELLATION OF CONTRACT FOR ENVI
SERVICES, BETWEEN UPPER GUADALUPE RIVER AUTHORITY AND KERR COUNTY
this tYie 16th day of August 1988, a motion was made by Commissioner Ray, as follows:
"I move that we ratify the action of the Commissioners' Court of 9 May 1988 whereby the
ract, supplements, and amendments, relative to Private Sewage Control, between the Upper
alupe River Authority and the County of Kerr be terminated, effective 30 September 1988.
Kerr County Health Environment Department will assume the duties and responsibilities."
Said motion was seconded by Commissioner Holland, with Commissioners Holland, Ray and Baldwin
County Judge Edwards voting "AYE" and Commissioner Lich voting "NAY", said motion was
approved by a majority vote.
o-o-o-o-o-o-o-o-o-o
;ORDER NO. 18056 COUNTY JUDGE DANNY R. EDWARDS AUTHORIZED TO NOTIFY THE TEXAS WATER COMMISSION
OF CHANGE IN LICENSING AUTHORITY
IOn this the 16th day of August 1988, upon motion made by Commissioner Holland, seconded by
Commissioner Ray, the Court unanimously approved that County Judge Danny R. Edwards be autho-
!rized to notify the Texas Water Commission of change in Licensing Authority, under rules and
(regulations previously approved.
o-o-o-o-o-o-o-o-o-o
~',
Y.ORD-
NK/MISC.
/GEK/sgp/
/17/87
C oner Prec. 4