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I~' N0. 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
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r by Commissioner Ray, with Commissioners Holland, Ray and Lich and County Judge Edwards
' voting "AYE" and Commissioner Baldwin voting "NAY", said motion carrying by a majority vote,
IP approving the purchase of one Manual Binding System (2 year warranty) - letter size, in an
~' approximate amouht of $249.00, plus supplies and shipping, to be used by all offices in the
Kerr County Courthouse.
',, (HIC 210 - Catalog No.)
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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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NO. 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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