DRDER AID. 19504
APPROVAL OF ISSUANCE DF A JUNKYARD LICENSE
FOR MR. BENJAMIN HARVILLE TO OPERATE A JUNKYARD
AT 54 E. SPICER RD. , KERRVILLE, TEXAS
On this the 10th day of May 1990, upon motion made by
Commissioner Holekamp, seconded by Commissioner Morgan, the
Court unanimously approved the issuance of a junkyard
license, in accordance with Kerr County Drdinance #18053, for
Mr. Benjamin Harville to operate a junkyard at S4 E. Spicer
Rd., Kerrville, Texas. Said junkyard is to be located on Lot
54, Spicer Ranch I, on the back half of the property.
COMMISSIONERS' COURT AGENDA REQUEST
' ~ • PLEASE FURNISH ONE ORICINA AND V N OPIFS OF THIS R QU STAND DOCUMENTS
TO BE REVIEWED BY ~I OURT
MADE BY: nAVTn T.TTKF. OFFICE: ENVIRONMEN'.j'AL. HFAr.mH
~. ' ~ .MEETING DATE: 5-14-9o TIME PREFERRED: 1: 3o P.M.
. SUBJECT: (PLEASE BE SPECIFIC): n~pRavnr. p,F JUNKYARD LICENSE FOR
'~ B,H. HARVILLE ,
ESTIMATED LENGTH OF PRESENTATION: ~n MTNTTTF.C
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: B.H. HARVIT,T.E DAVID T,ImKE
Time for submitting this request for Court to assure that the matter is posted 1n
accordance with Article 6252- i 7 Is as f ollows:
.Meetings held on second Monday: 12:00 P. M. previous Wednesday
• Meetings held on Thursdays: 5:00 P. M. previous Thursday.
. If preferable, Agenda Requests may be made on off Ice stationery with the above
Informatrlon attached.
THIS REQUEST RECEIVED BY: ~ ~~
~, .
THIS REQUEST RECEIVED ON: ~~~ - - ~//'? @ -- ~! ~ ~ : ~ "'r
All Agenda Requests will be screened by the County Judge's Off Ice 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
your request being addressed at the earliest opportunity.
~E ,~ KERR COUNTY
~,~P-~ ~~ ENVIRONMENTAL HEALTH DEPARTMENT
~ ; ~ ` ~9 101 Spur 100
~°or , oc tee` Kerrville, Texas 78028
(512) 896-5101
MEMORANDUM
T0: Commissioner's Court
FROM: David L. Litke ~''~
DATE: May 2, 1990
SUBJECT: Junkyard License for B. H. Harville, 54 E. Spicer Rd.
Mr. Harville has applied for a junkyard license in accordance to
the Kerr County Ordinance #18053.
Enclosed for your information is the application, location map and
the ordinance.
I recommend to the Court approval of a license for this location
with the license to be issued from this department.
E KERR COUNTY
~ ENVIRONMENTAL HEALTH DEPARTMENT
~ ~ ~ ~~ 101 Spur 100
°o„~ °s ~~` Kerrville, Texas 78028
(512- 896-5101
APPLICATION FOR JUNKYARD LICENSE
NAME: m/'~
~ ~-
'//~
ADDRESS: S5~ +~. J~OIC~/'/!~
STREET ``~~ CITY
TELEPHONE: o`7`S`~~ ` ~7v`'-~
/~. %~• ~ ~
STATE ZIP
Location of proposed junkyard S,~ic..o.~. /~nCh ~• Lo"~S ~ v~a••1~7 ~~'Q
(Attach map or plat to show s zi e and location of property)
Will junkyard violate deed restrictions or subdivision restrictions?
(Provide copy of restrictions)
Yes _,.~ Na
Explain what materials and methods will be used to prouide the required
ten (10) foot screening.
inflL V~ / OCc..~ ~Ld/ ! ~ ~a cl~C ~ ~~! lJrt~ ~~~yUc~'d`7 ~Uy~,- /~p'~ J S !R~ ~'7 ~ ~ ~ Y
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After provi ing the above requ sted information, the application will
be reviewed for completeness by the Kerr County Environmental Health
Department.
The application will then be placed on the Commissioners Court agenda
for their review and approval.
Fees ($25.00) will be collected and the license issued after appr•aval
by Commissioners Court.
Date • Signature of App l i cant
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COUNTY OF KERR
ORDINANCE NUMBER 18053
AN ORDINANCE RELATING TO THE SCREENING AND REGULATION OF
JUNKYARDS AND AUTOMOTIVE WRECKING AND SALVAGE YARDS
On the 15th day of August, 1988, on motion made by COMMISSIONER
LICH and seconded by COMMISSIONER RAY, the following ordinance was duly
adopted by vote of four members of the Commissioners Court of Kerr
County, Texas.
SECTION I
WHEREAS, Senate Bill No. 177 has been adopted as law by the State
of Texas, said statute giving to counties the power of adopt ordinances
regarding the screening and regulation of junkyards and automotive
wrecking and salvage yards; and
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.
NOW, THEREFORE, KERB COUNTY, TEXAS, HEREBY ADOPTS THE FOLLOWING
ORDINANCE:
SECTION I
1. The terms "automotive wrecking and salvage yard", "junk",
"junkyard". "recycling business:. and "wrecked vehicle" shall have
the same meanings ascribed to them in Senate Bill S.B. No. 177,
above referred t.o.
2. Person -- any individual, association, firm or cooperation.
SECTION II
1. The screening requirement established by Section 3 of this
ordinance does not apply to:
A. An automotive wrecking and salvage yard as defined by, and
that is subject to, Chapter 886, Acts of the 68th Legislature,
Regular Session, 1983 (Article 237dd, Vernon's Texas Civil
Statutes):
B. A junkyard or automobile graveyard as defined by the Texas
Litter Abatement Act (Article4477-9a, 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 or town;
E. A junkyard or automotive wrecking and salvage yard that began
operation before June 1, 1987.
2. The licensing provisions of Section 4 of this ordinance do not
apply to:
A. A recycling business;
B. 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 or town;
C. A junkyard or automotive wrecking and salvage yard that began
operation before June 1, 1987.
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 tPie 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 County but outside or partly outside the
jurisdiction of an incorporated city or town shall obtain and maintain
current a license from Kerr County, with such licenses being known as
junkyard licenses.
1. The fee for issuance or renewal of such junkyard licenses
shall be twenty-five (25) dollars.
2. The period of validity of such junkyard licenses shall be one
(1) year.
3. Junkyard licenses shall be issued only for junkyards or
automotive wrecking and salvage yards whose locations have been
approved by Kerr County Commissioners Court.
4. A junkyard license may be suspended or revoked by
Commissioners Court if the operator of the junkyard or automotive
wrecking and salvage yard:
A. Does not erect the required screening within sixty (60)
days after issuance of the license; or
B. Does not maintain 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 the county.
SECTION V
Failure to obtain or to maintain current a junkyard license or to
properly screen sites covered by junkyard licenses shall constitute a
violation of this ordinance.
SECTION VI
Any person is entitled to appropriate injunctive relief to prevent
a violation or threatened violation of this Kerr County ordinance.
SECTION VII
A person who knowingly or intentionally violates this ordinance
commits an offense. Such offense is a Class C misdemeanor.
SECTION VIII
This ordinance shall take effect August 15, 1988.
SECTION IX
If any section, subdivision, clause, phrase or provision of this
ordinance shall be adjudged invalid, the same shall not affect the
validity of any other part or provision hereof.
SIGNED on the 15th day of August, 1988.
/s/ Danny R. Edwards
/t/ Danny Edwards
County Judge, Kerr County
APPROVED AS TO FORM:
/s/ Gary E. Kersey
/t/ Gary E. Kersey
Kerr County Attorney