NO. 17856 APPROVAL OF PURCHASE OF MANUAL BINDING SYSTEM - LETTER SIZE
FOR USE BY ALL OFFICES IN THE KERR COUNTY COURTHOUSE
On this the 21st day of April 1988, upon motion made by Commissioner Holland, seconded
by Commissioner Ray, with Commissioners Holl
voting "AYE" and Commissioner Baldwin voting
approving the purchase of one Dlanual Binding
approximate amount of $249.00, plus supplies
Kerr County Courthouse.
(HIC 210 - Catalog No.)
end, Ray and Lich and County Judge Edwards
"NAY", said motion carrying by a majority vote,
System (2 year warranty) - letter size, in an
and shipping, to be used by all offices in the
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NO. 17857 APPROVAL OF TRANSFER OF $2500.00 - BALLOT EXPENSE 10-402-310
TO JUDGES AND CLERKS 10-402-108 IN COUNTY CLERK'S ELECTION EXPENSE BUDGET
On this the 21st day of April 1988, upon motion made by Commissioner Holland, seconded
by Commissioner Lich, the Court unanimously approved a transfer of $2500.00 from Ballot
Expense 10-402-310 to Judges and Clerks 10-402-108 in County Clerk's Election Expense Budget.
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N0. 17858 REQUEST FOR OPINION BY ATTORNEY GENERAL
On this the 21st day of April 1988, upon motion made by Commissioner Ray, seconded
by Commissioner Holland, the Court unanimously voted to request the County Attorney seek
an opinion from the Attorney General on Section 232.009 of the Local Government Code
as follows.
As regards Section 232.009 of the Local Government Code, Commissioners' Court
requests of the Attorney General the answers to the following questions:
(1) Section (a) initially speaks of
"A person who has subdivided land that is subject
to the subdivision controls of the County..."
Is such "person" limited only to the original sub-
divider or would it apply to a~ "person" who
wishes to revise a plat?
(2) Section (b) provides for notice to be given to
nondeveloper owners "at the owner's address in
the subdivided tract."
Is notice required to be given to nonresident
owners?
(3) Section (c) requires the Commissioners' Court to
make a finding that (1) "the revision will not
interfere with the established rights of a~ owner
of a part of the subdivided land;"
To what extent must the Court go to make such a
finding? (Example - Check deed restrictions for
minimum lot size, etc?)
As to (1) and (2) above, damage could obviously be done by allowing nondevelopers
to subdivide and replat without complying with this Section. Also, nonresident owners
could be damaged if not notified and have no opportunity to respond.
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MEMO: A certified copy of the above Order No. 17858 was sent to the Attorney General,
by Kerr County Attorney Gary E. Kersey with his letter, recorded herin.
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Gary E. Kersey
County Attorney
Honorable Jim Mattox
Attorney General of Texas
P. 0. Box 12548
Capitol Station
Austin, Texas 78711
Office of The County Attorney
Kerr County
317 Earl Garrett
Kerrville, Texas 78028
April 29, 1988
Attention: Mr. Rick Gilpin
Opinions Committee
Dear Sir:
Re: Request for Opinion on Article
232.009, Local Government Code
(512)896-5338
Enclosed please find Commissioners Court Order No. 17858
requesting a specific opinion with regard to certain issues found
in Section 232.009 of the Local Government Code. Please consider
this request to be a request from this office for an Attorney
General's opinion on the matters found therein.
Very truly yours,
/s/ Gary E. Kersey
GEK/sara
Enclosure as stated
', cc: Hon. Danny R. Edwards
County Judge
Kerr County Courthouse
Kerrville, Texas 78028
/t/ GARY E. KERSEY
County Attorney
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NO. 17859 APPROVAL OF REPEAT FOR TRACTS NOS. 41-A, 41-B AND 41-C
WOOD TRAILS RANCH
On this the 21st day of April 1988, upon motion made by Commissioner Baldwin, seconded
by Commissioner Lich, with Commissioners Holland, Lich and Baldwin voting "AYE" and
Commissioner Ray and County Judge Edwards "ABSTAINING FROM VOTING", said motion carrying
by a majority vote, approving the REPEAT FOR TRACTS NOS. 41-A, 41-B and 41-C, WOOD TRAILS
RANCH, located in Commissioner's Precinct No. Four.
Said Replat was approved as is, subject to approval of UPPER GUADALUPE RIVER
AUTHORITY.
All improvements that are to be made shall comply with the existing KERR COUNTY
SUBDIVISION "RULES AND REGULATIONS" that became effective January 1st, 1984 and amendments
to the regulations that were approved by the Kerr County Commissioners' Court on
April 9th, 1984.
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