ORDER NO. 20250 RELATING TO THE APPEAL OF THE GRANTINI; OF A PERMIT FOR A PRIVATE SEWAGE FACILITY 'I'O JULiA HOLMES On the 25th day of April, 1991, came on to be heard the appeal by the Community Action Group, ("CAG"), of the granting of a permit for a private sewage facility (to be located on a tract of land in the then Uaks Subdivision in Kerr County, Texas, C "the Tract" ] ), to Julia Holmes. Mr. Bob Haynes, representing CAG, and Mrs. Holmes and her attorney, Laverne D. Harris, appeared and presented testimony and arguments. After considering the evidence and arguments, the Court finds that: 1. This appeal involves the construction of Section 5. 02 (k ) of the Rules of Kerr County, Texas, for Private Sewage Facilities, ("the Section"), and, as such, is a case of first impression for this Court; 2. This Court has not giver, clear guidance as to the construction and meaning of the section, a factor which has led to the present situation; 3. The Section prohibits the issuance of a permit for the installation of a private sewage facility until a plat of the building lot has been approved by the Commissioners" Court; 4. The Tract is a subdivided tract out of a lot in an approved subdivision; ~. The T7-act has never been platted or recorded as part of a platted subdivision; 6. The Tract was required by state law to be platted at the time it was subdivided and is not exempted from the platting requirements; 7. The Tract has not received an agricultural exemption from ad valorem taxation; 8. The Tract is nat entitled to a permit pursuant to the Section because the Tract is in an illegal subdivision; 9. A private sewage facility, ("the Facility"), ha s• been completed on the Tract in accordance with the permit requirements; 10. The Facility is a self-contained system that meets or exceeds the state construction standards for protection of ground water; 11. The Facility is an alternative, non-conventional system that, as designed, and if properly operated, i~~ very protective of the environment; I"1' IS THEREFORE ORDERED that: 1. This appeal is granted. '~. The Section is valid as written. No furthfr permits shall be issued for the in®tallation of private selvage facilities for building lots that have been subdivided in violation of state law and/or the county subdivision regulations. :s. The County Attorney is authorized to take whatever action necessary to have the private sewage facility of Julia Holmes removed and such other action as necessary to bring her illegal lot in compliance with all applicable laws and rules. On motion made by Commissioner Morgan, seconded by Commissioner Holekamp, with Commissioner's Morgan and Holekamp, and Judge Stacy voting "AYE", and Commissioner's Lackey and Oehler voting "NAY", the above Order was approvfd by a majority vote of 3-2-0 on this 13th day of May, 1991.. C'OMMISSIONERS' COURT AGENDA REQUEST ~>>~`~~,~" • PLEASE FURNISH ONE ORIGINAL AND SEVEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: ~ ~~ ~~ OFFICE: MEETING DATE: K~~ __ _ TIME PREFERRED: ~xZ~ ~ ~SS ESTIMATED LENGTH OF PRESENTATION: ate- ~ ~ ~0~~ IF PERSONNEL MATTER - NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: ~ ~ ` Time for submitting this request for Court to assure that the matter Is posted In accordance with Article 6252-17 is as follows: • 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 office stationery with the above information attached. 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 your request being addressed at the earliest opportunity. SUBJECT: (PLEASE BE SPECIFIC): ~~~~^-~'~'- °~ ~c~ °~ ~~ ORDER NO. RELATING TO THE APPEAL OF THE GRANTING OF A PERMIT FOR A PRIVATE SEWAGE FACILITY TO JULIA HOLMES On the 25th day of April, 1991, came on to be heard the appeal by the Community Action Group, ("CAG"), of the granting of a permit for a private sewage facility (to be located on a tract of land in the Glen Oaks Subdivision in Kerr County, Texas, ["the Tract]), to Julia Holmes. Mr. Bob Haynes, representing CAG, and Mrs. Holmes and her attorney, Laverne D. Harris, appeared and presented testimony and arguments. After considering the evidence and arguments, the Court finds that: 1. This appeal involves the construction of Section 5.02(k) of the Rules of Kerr County, Texas, for Private Sewage Facilities, ("the Section"), and, as such, is a case of first impression for this Court; 2. This Court has not given clear guidance as to the construction and meaning of the Section, a factor which has led to the present situation; 3. The Section prohibits the issuance of a permit for the installation of a private sewage facility until a plat of the building lot has been approved by the Commissioners' Court; 4. The Tract is a subdivided tract out of a lot in an approved subdivision; 5. The Tract has never been platted or recorded as part of a platted subdivision; 6. The Tract was required by state law to be platted at the time it was subdivided and is not exempted from the platting requirements; 7. The Tract has not received an agricultural exemption from ad valorem taxation; 8. The Tract is not entitled to a permit pursuant to the Section because the Tract is in an illegal subdivision; 9. A private sewage facility, ("the Facility"), has been completed on the Tract in accordance with the permit requirements; 10. The Facility is a self-contained system that meets or exceeds the state construction standards for protection of ground water; 11. The Facility is an alternative, non-conventional system that, as designed, is very protective of the environment; Revocation of the permit un er these circumstances would cause an unjustified hardship on Mrs. Holmes. IT IS THEREFORE ORDERED that: 1. This appeal is d~i~a-.- - ~~ The denial of this appeal does not, in any way, amend Section 5.02 (k) of the Rules of Kerr County, Texas, for Private Sewage Facilities. The denial of this appeal is based upon equitable considerations and upon the assurance that the environment is not being threatened. 2 ,~! The Section is valid as written. No further permits shall be issued for the installation of private sewage facilities for building lots that have been subdivided in violation of state law and/or the county subdivision regulations. s ontained in Se 5.02 the es of Kerr xas, riv to wage sties ntinue COMMISSIONERS' COURT:IHOLM ES.ORD 3. ~ C~,,,,~ Ot~v~ M. a..:P7~,;.y,~1 d~.s dam or~v~-- ~cs~~ ~ 1.~ -Fly Va=t ~cw~ ~ l: ~~~~. ORDER NO. RELATING TO THE APPEAL OF THE GRANTING OF A PERMIT FOR A PRIVATE SEWAGE FACILITY TO JULIA HOLMES On the 25th day of April, 1991, came on to be heard the appeal by the Community Action Group, ("CAG"), of the granting of a permit for a private sewage facility (to be located on a tract of land in the Glen Oaks Subdivision in Kerr County, Texas, ["the Tract]), to Julia Holmes. Mr. Bob Haynes, representing CAG, and Mrs. Holmes and her attorney, Laverne D. Harris, appeared and presented testimony and arguments. After considering the evidence and arguments, the Court finds that: 1. This appeal involves the construction of Section 5.02(k) of the Rules of Kerr County, Texas, for Private Sewage Facilities, ("the Section"), and, as such, is a case of first impression for this Court; 2. This Court has not given clear guidance as to the construction and meaning of the Section, a factor which has led to the present situation; 3. The Section prohibits the issuance of a permit for the installation of a private sewage facility until a plat of the building lot has been approved by the Commissioners' Court; 4. The Tract is a subdivided tract out of a lot in an approved subdivision; 5. The Tract has never been platted or recorded as part of a platted subdivision; 6. The Tract was required by state law to be platted at the time it was subdivided and is not exempted from the platting requirements; 7. The Tract has not received an agricultural exemption from ad valorem taxation; 8. The Tract is not entitled to a permit pursuant to the Section because the Tract is in an illegal subdivision; 9. A private sewage facility, ("the Facility"), has been completed on the Tract in accordance with the permit requirements; 10. The Facility is a self-contained system that meets or exceeds the state construction standards for protection of ground water; 11. The Facility is an alternative, non-conventional system that, as designed his very protective of the environment; 12 voca 'on t e u r t ci um a o ca e a nj tit ha shi on Hol s. IT IS THEREFORE ORDERED that: 1 1. This appeal is 2. T denial o his appeal does not, in any way, amend Section 5. of the Rules of Kerr County, Texas, for Private Sew e Fa~'llities. 3. The enial this appeal is based upon equitable consideratio and upon the assurance that the environment is not being eat ned. ~, The Section is valid as written. No further permits shall be issued for the installation of private sewage facilities for building lots that have been subdivided in violation of state law and/or the county subdivision regulations. The exemptions contained in Section 5.02 (k) of the Rules of Kerr County, Texas, for Private Sewage Facilities continue to apply. COMMISSIONERS' COURT:VIOLMES.ORD ~ ~%I _... r.~._ _. .:_ r _._,~ . A A ^ 'tl 7 k „c .: ~ F ~~.4 f .,~ .` - ~ ~G ~~ k e:''' - ~5~'~ ,,;, i~,r ~~ ~ . x ~ ~ • 4 ~~ + u .`;. F t s ~ `~~~ ~ 1 1 1 1 ~ ~ ~~ . r d ~ ~~' p '''' ~~ ~~ ~~~~~ ppp ~~~ ., ~ . L yy ~~'~ ~~ µ y yry P ~ , ~ bn ,: S ~ ~~z `~t#e~,_ ` ~ '~ ~a d ~',t :~-~.s ,, ,.e c,~ - Cll. ~] ~G t"~,i1'II" ItEGt LAR ~1~.~tiIO\~ CO'rIIIISSIOI'EIiS COUPTS-SL'PDI~"ISIO\ PL.1TS I~ iLI\ (; A~I3 PECORDI~tr I~ CERTAI~i COL'\TIES CHAPTER 436 "6 H. F,. No. 289 An Act requiring the filing of sutadivision plats and the recording of same and au- thorizing the Commissioners Court of any county having a population not more than one hundred thousand (100,000), according to the fast preceding Federal Census, to regulate the construction of roads or streets in subdivi- sions situated outside of the boundaries of incorporated towns or cities; au- thorizing such Courts to require minimum right of way for such roads or streets and to require minimum roadway; authorizing such Courts to promulgate reasonable specifications for the construction of such roads or streets and drainage of such roads or streets; authorizing such Courts to require a bond for the proper construction of. such roads or streets; au- thorizing such Courts to refuse to approve or authorize maps or plats of subdivisions upon failure to comply with the provisions of this Act; •repeal- ing all laws or parts of laws [n conf{ict with the provisions of this Act; pro- viding asaving clause; and declaring an emergency. Be it enacted by the Legislattcre of the State of Texas: Section I. Hereafter, in al] counties having a population of not more than one hundred thousand (100,000) according to the last preceding Fed- eral Census, every owner of any tract of land situated without the corpo- rate limits of any city in the State of Texas, who may hereafter divide the same in two (2) or more parts for the purpose of laying out any sub- division of any such tract of land, or an addition without the corporate limits of any town qr city, or for laying out suburban lots or building lots, and for the purpose of laying out streets, alleys, or parks, or other por- tions intended for public use, or the use of purchasers or owners of Iota fronting thereon or adjacent thereto, shall cause a plat to be made there- of, which shall accurately describe al) of said subdivision or addition by metes and bounds and locate the same with respect to an original corner of the original survey of which it is a part, giving the dimensions there- of of said subdivision or addition and the dimensions of all lots, streets, alleys, parks, or other portions of same, intended to be dedicated to public use or for the use of purchasers or owners of lots fronting there- on or adjacent thereto, provided, however, that no plat of any subdivision of any tract of land or any addition shall be recorded unless the sam© shall accurately describe all of said subdivision or addition by metes and bounds and locate the same with respect to an original corner of the original survey of which it is a part giving the dimensions thereof of said subdivision or addition, and dimensions of all streets, alleys, squares, parks or other portions of same intended to be dedicated to public use, or for the use of purchasers or owners of lots fronting thereon or adjacent thereto. Sec. 2. That every such plat shall be duly acknowledged by owners or proprietors of the land, or by some duly authorized agent of said owners or proprietors, in the manner required for acknowledgement of deeds; and the said plat, subject to the provisions contained in this Act, shall be filed for record and be recorded in the office of the County Clerk of the County in which the land lies. Sec. 3. The Commissioners Courts of any much counties may, by an order duly adopted and entered upon the minutes of the Court, after a notice published in a newspaper of general circulation in the county, be specifically authorized to make the following requirements: 26. Vernon's Ann.Civ.St. art. 6G2Ga. 1302 C.O:l1.l~II~S.IONEPS COURTS Ch. -436 v PLATS F'ILI\G (a) To pro~•ide for right of way on main artery streets or road: tvithiu such subdivision of a width of not less than fifty (50) feet nor more than Oli~TIES one hundred (1QU) feet.. (b) To provide for right of way on all other streets or roads in such subdivision of not less than forty (40) feet nor more than fifty (50) feet. (c) To provide that the street cut on main arteries within the right of way be not less than thirty (30) feet nor more than forty-five (45) feet. (d) To provide for the street cut on all other streets or roads within ~rding of same and au- SI1Ch subdivision within the right of way to be not less than twenty-five wing a population not to the last preceding (25) feet nor more than thirty-five (35) feet. or streets in suGdivi. (e) To promulgate reasonable specifications to be followed in the con- d towns or cities; au. struction of any such roads or streets within such subdivision, consider- Nay for sucn roans or ing the amount and kind of travel over said streets. izing such Courts to lion of such roads or (f) To promulgate reasonable specifications to provide adequate drain- rizing such Courts to ~ age in accordance with standard engineering practices for all roads or •oads or streets; au. ~ streets in said subdivision or addition. ^ize maps or plats of ~ (g) To require the owner or owners of any such tract of land, which 5 of tnis act; repeal- ions of this Act; pro may be so subdivided, to give a good and sufficient bond fox- the proper t - construction of such roads or streets affected, with such sureties as may be approved by the Court; _and in the event a surety bond by a corporate f surety is required, such bond shall be executed by a surety company au- pulation of not more thorized to do business in the State of Texas. Such bond slxall be made last preceding Fed- ~ Payable to the County Judge or his successors in office, of the county d without the corpo- wherein such subdivision lies, and conditioned that the owner or owners lay hereafter divide ~ of any such tract of land to be subdivided will construct any roads or laying out any sub- streets within such subdivision in accordance with the specifications pro- ithout the corporate mulgated by the Commissioners Court of such county. The bond shall be lots or building lots in such an amount as may be determined by the Commissioners Court, but , parks, or other por- shall not exceed a sum equal to Three Dollars ($3) far each lineal foot of rs or owners of lots ,road or street within such subdivision. at to be made there- Sec. 4. The Commissioners Court of any such county shall have the ision or addition by , ; authority to refuse to approve and authorize any map or plat of any such ~ an original corner ~ subdivision, unless such map or plat meets the requirements as set forth e dimensions there- ~ in this Act; and there is submitted at the time of approval of such map or of all lots, streets, plat such bond as may be required by this Act. to be dedicated to Sec. 5. Al] laws or parts of laws in conflict with the provisions of lots fronting there- this Act are hereby repealed; and, in case of such conflict the provisions of any subdivision of this Act shall control and be effective; provided, however, that nothing 'd unless the same herein shall repeal, nullify, alter or change the rights of Home Rule lition by metes and Charter cities to regulate, zone, and restrict subdivisions within a five final corner of the (5) mile radius of their corporate limits. ensions thereof of Sec. 6. If any section, paragraph, sentence, clause, or word of this its, alleys, squares, Act is held to be unconstitutional, the remaining portion of the same, ited to public use, nevertheless, shall be valid, and the Legislature hereby declares that the hereon or adjacent Act would have been enacted without such unconstitutional provision. _ Sec. 7. The fact that there are no adequate la«•s giving supervision deed by owners or to subdivisions without the corporate limits of a city- creates an emergency ant of said owners and an imperative public necessity that the Constitutional Rule requiring !gement of deeds; bills to be read on three several days in each House be suspended, and this Act, shall be said Rule is hereby suspended, and that this Act shall take effect and be unty Clerk of the in force from and after its passage, and it is so enacted. • Passed the House, April 17, 1957: Yeas 84, I~~ays 34 ; House concurred xnties may, by an in Senate amendments, May 15, 1957: Yeas 92, 1`ays 22, two present he Court, after a not voting; passed the Senate, as amended, Illay 14; 1957: Yeas 2'8, in the county, be Nays 0. ts: Approved June 6, 1957. Effective 90 days after May 23, 1957, date of adjournment, 1303 I i~ ;. •-: ., T,cl~ its r,~r,a~:, Fut= rs ,~ ho pur- rv:~~ Ir_I,1 I wife of at- • adeed exe- ~y of attach- ment crcdi- until suLSe- ed for filing ing filing or cny subdivi- mm iss toners to dedicate make them t obligation since file nmissioners' oPment Co, rel. n. r. e. ivision pur- rg filing or ,nv subdici- amissioners' ~ceptance o[ ,:igation on c land and on to a city and filed it :ah,ral sur- C t:ew addi- park area, lots n'ithin the vse of icator could nd Property r, notn•ith- r.a{ aceopt- ication and park area. 233 S.IV. Baling with ions or ad- ,f the state tats of sub- ,ipal limits. r (C'tv,APp• d. ructtve no- pplewelt v. 342 S.tiV.2d missioners' City Plan- ;rning body s, must be „ , y r ~_ y ',;: q, ::,`< ~: ~F r~ s's[i~ ; 3r ~1t.:ii ,~~, f ,, s g •. ~` 4 i~ ~' ,:% ~,:A- °'r°°.. :.. .:- ~~ cn. s IJr r>JcT o>, R~.colznl~o Art. fi626a r.i,,~n before county- clerk is authorized to „ ., pr rccor;l a plat of a subdivision 1}'ing ,,,aside of, but within five mHes of a city of _~,,~in(i or more population. Op.Att}'.Gen, y ln, So. 0-2105. 1`:,rtition deeds executed by co-tenants f~~r purpose of effecting a partition of land ,i~> not come within statutes rei;ulating reg- ;~tration of Plats or maps, Op.Atty.Gen, Pi i."., No. O-u1o0. The City Planning Commission or other l;nvcrning body of cities containing 20,000 inhabitants or more has no authority to ap- l,rove or disapprove plats and maps of land n~here such addition is outside corporate limits of such towns or cities but within a five mile radius. Op.Atty.Gen.1944, No. 6~~90. Commissioners' court of county cannot refuse to authorize filing and recording of maps or plats of subdivisions of realty situ- ated outside corporate limits of any city or tncvn, but within limits of a town, for sole reason that roads set forth in subdivision nre not of proper width or that subdivision rrfuses to give a drainage easement to county. Op.Atty.Gen.1996, No. 0-7125. 11'here property is located within an fn- rorPOrated town and outside limits of but titi ithin xis miles of a larger incorporated r,nvn, only approval of governing body of s,naller town in which property is located is rc~luired in order that a plat of such prop- erty be filed and recorded by county clerk. Op.Atty.Gen,1948, No. V-624. 'claps or plats Of land situated ~cithlr, `i~~e miles of corporate limits of aay cif}- are re- quired to br_ approved by proper auth~-,riries of city, and if ]and lies within five miles of more than one city, approval of proper au- thorities of city having lamest population must be obtained, and maps or plats of land lying outside corporate limits of city re- quire additionai approval of commissioners' court- Op.Atty.Gen.1350, No. Z'-1135. 2t. Mandamus «"here platter had done all that this arti- cle, forbidding filing or recording of a map or plat of any subdivision unfit authorized by Commissioners' Court, demanded, an authorized filing by Commissioners' Court became a mere ministerial duty, the per- formance of Which could be compelled by mandamus. Commissioners' Court v. Frank Jester Development Co. (Civ.App.194i) 199 S.~V.2d 1004, ref. n. r. e. lfandamus proceeding to compel Conmis- sioners Court to authorize filing and recor- dation in deed records a map or plat of subdivision of land not situated n•ithin five mites of corporate limits of any incorporat- ed city or town was not rendered moot by entry of order by Commissioners Court granting such authorization encumbered with a number of provisions and limita- tions. Chesser v. Grooms (Civ.App.195~) 302 S.~V.2d 488. County Cleric's ministerial duty to re- cord affidavits of heirship a•as properly enforced by mandamus. Turrentine v. Lasane (Civ.App.1965) 389 S.\V.2d 336. Art. 6626a. Subdivision plats; recording; counties of less than 190,000 population; powers of commissioners court Section 1. Hereafter, in all counties having a population of less than one hundred ninety thousand (190,000) according to the last preceding Federal Census, every owner of any tract of land situated without the corporate limits of any city in the State of Texas, who may hereafter divide the same in two (2) or more parts for the pur- llose of laying out any subdivision of any such tract of land, or an ad- dition without the corporate limits of any town or city, or for laying aut suburban lots or building lots, and for the purpose of laying out streets, alleys, or parks, or other portions intended for public use, or the use of purchasers or owners of lots fronting thereon or adjacent thereto, shall cause a plat to be made thereof, which shall accurately describe all of said subdivision or addition by metes andJbouncis and 19 Tex.Civ.St.-ld 14e7 ,~fllr~ ~ 4.:"., x~lF tai.' t ~'•'df 4 `~~ i ~~~ _ '~~~{~ ~. ~ ~~! '! ~~~ I,j,; ,l x ~•lyy .. „ ,i.~ .. +~ ~~~ 1 , .~ f i; i r. r IL, . ~i id • rr ..- . . . a,. ~`~ ,•, _.. ~4 Art. 6626a xLCis~rz:~~rio~ T,ct~ its locate the same ~aitli respect to an origin~~l eorner of the original sur- vey of which it is a part, gi~-ing the dimensions thereof of sari subdi- vision or addition and the dimensions of all lots, streets, alleys, parks, or other portions of same, intended to be dedicated to public use or for the use of purchasers or owners of lots fronting thereon or adja- cent thereto, px•ovided, howevex•, that no plat of any subdivision of any tract of land or any addition shall be recorded unless the same shall accurately describe all of said subdivision or addition by metes and bounds and locate the same with respect to an original corner of the original survey of `which it is a part giving the dimensions thereof of said subdivision or addition, and dimensions of all streets, alleys, squares, parks or other portions of same intended to be dedicated to public use, or for the use of purchasers or o~vnex•s of lots fronting thereon or adjacent thereto. Sec. 2. That every such plat shall be duly acknowledged by owners or proprietors of the land, or by some duly authorized agent of said owners or proprietors, in the manner required for acknowledgement of deeds; and the said plat, subject to the provisions contained in this Act, shall be filed for record and be recorded in the office of the County Clerk of the County in which the land lies. Sec. 3. The Commissioners Courts of any such counties may, by an order duly adopted and entered upon the minutes of the Court, after a notice published in a newspaper of general circulation in the county, be specifically authorized to make the following requirements (a) To provide for right of way on main artery streets or roads within such subdivision of a width of not less than fifty (50) feet nor more than one hundred (100) feet. (b) To provide for right of way on all other streets or roads in such subdivision of not less than forty (40) feet nor more than fifty (50) feet. (c) To provide that the street cut on main arteries within the right of ~vay be not less than thirty (30) feet nor more than forty-five (45) feet. (d) To provide for the street cut on all other streets or roads with- in such subdivision within the right of ~vay to be not less than twenty- five (25) feet nor more than thirty-five (35) feet. (e) To promulgate reasonable specifications to be followed in the construction of any such roads or streets within such subdivision, con- sideringthe amount and kind of travel over said streets. r 146 s,. ~.~~' ~~~ },> „~`,. ,'~~:° F.I: w ;x:~.. v'~', d~:S'~ _'~~4 ,~,~, F';, :~ ,~~. <<.,~ ~~. ~_. ~_ b :.~„. -.~~ '~; ,_x.J .:~~ '_ ~:_ i:F:. " .. ~:.. ~` ". su r- _tbdi- arks, ~e or ldja- ' any shall and f the of of lleys, zd to sting rners said ant of this f the ~y an after unty, roads ~t nor such (50) right (45) with- •enty- n the con- (f) To promulgate reasonable specifications to hro~-ide adequate drainage in accordance with standard engineering practices for all z~oads or streets in said subdivision or addition, (g} To require the owner or owners of any such tract of land, which nzay be so subdivided, to give a good and sufficient bond for the proper construction of such roads or streets affected, «Zth such sure- ties as may be approved by the Court; and in the e~-ent a surety bond by a corporate surety is required, such bond shall be executed by a surety company authorized to do business in the State of Texas. Such bond shall be made payable to the County Judge or his succes- sors in office, of the county wherein such subdivision lies, and condi- tioned that the owner or owners of any such tract of land to be subdi- ~•ided will construct any roads or streets within such subdivision in ac- cordance with the specifications promulgated by the Commissioners Court of such county. The bond shall be in such an amount as may be determined by the Commissioners Court, but shall not exceed a sum equal to Three Dollars ($3) for each lineal foot of road or street within such subdivision. Sec. 4. The Commissioners Court of any such county shall have the authority to refuse to approve and authorize any map or plat of any such subdivision, unless such map or plat meets the requirements '~ as set forth in this Act; and there is submitted at the time of approv- al of such map or plat such bond as may be required by this Act. Acts 1957, 55th Leg., p. 1302, ch. 436. Amended by Acts 1961, 57th Leg., p. 1022, ch. 449, § 1, eff. June 17, 1961. Historical Note Section 5 of the Act of 1957 provided that all laws or parts of laws in conflict with the provisions of this Act are hereby repealed; and, in case of such conflict the provisions of this Act shall control .and be effective; provided, however, that nothing herein shall repeal, nullify, alter or change the rights of Home Rule Charter cities to regulate, zone, and restrict subdivisions within a five (5) mile radius of their corporate limits. Section 6 provided that if any section was declared unconstitutional, it should not af- fect the remainder. The Act of 1961, in section 1, changed the poDUlation requirement front "not more than one hundred thousand (100,000)" to "less than one hundred ninety thousand (190,000)." Section 2 of the amendatory act of 1961 prov[ded: "Chapter 436, Acts of the 65th Legislature, Regular Session, 1957, as here- by amended, does not liii~it the requirement of Prior approval of plats by cities, under Chapter 231, Acts of the loth Legislature, Regular Session, 1927, as last amended by Chapter 317, Acts of the 54th Legislature, P.egular Session, 1955." 147 ~j~ ~ f~+ ~ ~~ . {iw I ~ , ~.M ' Cross References Condominium property, sec art. la~la, S G. County clerk's failure of duty a~ to recording plats, see Cernou's .lnn.P.C. art ~';h. )/uforcement of land use restrictious contained in plats, cities of more than 1,0(10,U0u, see art. 'J74a-1. Platting and recordin;; suLdicision~ or uclditions; cities and totcns, see art. J7la. Recordin; maps or plats of subdivisions, requirements and violations. see ~'crnou's Ann.P.C. art. 1137h. Library References \Rmicipa] Corporations «43. C.J.S. DIunicipal Corporations §; 83, 8t. Art. 6627. [6824] [4640] [4332] When sales, etc., to be void unless registered All bargains, sales and other conveyances whatever, of any land, tenements and hereditaments, whether they may be made for passing any estate of freehold of inheritance or for a term of years; and deeds of settlement upon marriage, whether land, money or other per- sonal thing; and all deeds of trust and mortgages shall be void as to all creditors and subsequent purchasers for a valuable consideration without notice, unless they shall be acknowledged or proved and filed with the clerk, to be recorded as required by law; but the same as be- t~veen the parties and their heirs, and as to all subsequent purchasers, with notice thereof or without valuable consideration, shall be valid and binding. Acts 1840, p. 154; P.D. 4988; G.L. vol. 2, p. 328. Cross References Acknowledgment, see art. GG02 et seq. Place of recording, see arts. 1?S9, G630. Similar provision, see art. 1?S9. Law Review Commentaries After-acquired title and the Texas LIs pendens. Dwight A. Olds, 4 Houston recording acts. Richard tiV. Hemingway, 20 L.Rev. 221, 231 (1966). Southwestern L.J. 97, 127 (1966). Quitclaim deed in Texas. 18 Say]or L. Federal tax lien-Role of a state record- Rev. 618 (1966). ing statute. 20 Southwestern L.J. 186 (1966). Library References Deeds G~82 et seq. C.J.S. Deeds § 7{. Mortgages x173-176. C.J.S. \lortgages §§ 269-275. Vendor and Purchaser 0220-245. C.J.S. `'endor and Purchaser ˘; 320-374. 148 `.S' 7+ :r, ~f.°. ~> ~: ~.; f #.. -_ .*< ~~` ,~ .~~ ~~~YY ?~;' +~'k~" a ~` ,'~.,t-. . ~ _.. #;' ; ~: r r i 4 _~ ch z W allows you to ~ as with the Insta-Cite ;earth, see the WESTLAW DUTIES § 49(1), eff. Sept. 1, 1987 .ified as art. 1941(a)] to the with ch. 886. e to the repeal of art. 6600 by gig., ch. 149, § 49(1), art. 6600 acts 1987, 70th Leg., ch. 349, )87. Acts 1987, ?0th Leg., ch. aled by Acts 1989, 71st Leg., Aug. 28, 1989. ~OF FOR RECORD i9, § 9(1), eff. Sept. 1, 1985 )2a, relating to stockholders as ved from Acts 1971, 62nd Leg., 159, § 9(1), eff. Sept. I, 1985 07x, relating to short forms for was derived from Acts 1981, ', ch. 338, § 1. K1.(,1~ 1 Ic:i i iv,~ Ari. bbLbB.: Title 115 Repealed 1rts. 6609 to 6623. Repealed by Acts 1985, 69th Leg., ch. 959, § 9(1), eff. Sept. 1, 1985 Historical and Statutory Notes section 1 of Acts 1985, 69th Leg., ch. 959, r,pealing these articles, enacts the Civii Practice and Remedies Code. For disposition of the subject matter of the repealed articles, see Disposition Table preceding V.T.C.A. Civil Practice & Remedies Code. CHAPTER THREE-EFFECT OF RECORDING Article ~5'?6aa. Repealed. s E Article 6626x.1, 6626x.2. Repealed. 6626b to 6626e. Repealed. t4'ESTLAW Electronic Research See WESTLAW Electronic Research Guide fol- lowing the Preface. Arts. 6624 to 6626. Repealed by Acts 1983, 68th Leg., p. 3729, ch. 576, eff. Jan. 1, 1984 Historical and Statutory Notes Acts 1983, 68th Leg., ch. 576, repealing these articles, enacts the Property Code. For disposition of the subject matter of the repealed articles, see Disposition Table preceding V.T.C.A. Property Code. Prior to repeal, art. 6626 was amended by Acts 1975, 64th Leg., p. 944, ch. 353, § 13; Acts 1981, 67th Leg., p. 498, ch. 206, § 1. Art. 6626a. Repealed by Acts 1983, 68th Leg., p. 1526, ch. 288, § 2, eff. Sept. 1, 1983; Acts 1984, 68th Leg., 2nd C.S., ch. 8, § 2(b), eff. July 12, 1984 Historical and Statutory Notes Prior to repeal, this article was amended by Acts 1983, 68th Leg., p. 1717, ch. 327, § 1. Enforcement of requirement established or adopted under this repealed article before Sept. 1, 1983 and applicability after that date, see V.T.C.A. Local Government Code, § 232.005. See, now, art. 6702-1, § 2.401. Art. 6626aa. Repealed by Acts 1987, 70th Leg., ch. 149, § 49(1), eff. Sept. 1, 198? Historical and Statutory Notes Section 1 of Acts 1987, 70th Leg., ch. 149, repealing this article, enacts the Local Govern- ment Code. For disposition of the subject matter of the repealed article, see Disposition Table preceding V.T.C.A. Local Government Code. The repealed article, relating to subdivisions in municipal extraterritorial jurisdictions in coun• ties operating under art. 6626x, was added by Acts 1983, 68th Leg., p. 1720, ch. 327, § 2. Art. 6626a.1. Repealed by Acts 1984, 68th Leg., 2nd C.5., ch. 8, § 2(b}, eff. July 12, 1984 The repealed article, relating to subdivisions in municipal extraterritorial jurisdictions in coun- ties operating under art. 6626x.1, was added by Acts 1983, 68th Leg., p. 1721, ch. 327, § 4. Historical and Statutory Notes The repealed article, relating to optional sys- tem of subdivision control for certain counties, was added by Acts 1983, 68th Leg., p. 1721, ch. 327, § 4. See, now, art. 6702-1, § 2.402. Art. 6626a.2. Repealed by Acts 1987, 70th Leg., eh. 149, § 49(1}, eff. Sept. 1, 1987 Historical and Statutory Notes Section 1 of Acts 1987, 70th Leg., ch. 149, repealing this article, enacts the Local Govern- ment Code. For disposition of the subject matter of the repealed article, see Disposition Table preceding V.T.C.A. Local Government Code. 81 °-