~.., ' : ... .. I __.... .. _. ~ ~ .: .. ... :: .. ... ~ .. .. :. -: : COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Lavern D. Harris MEETING DAT ~~ OFFICE: Harris & xarris, P.C. TIME PREFERRED: ~ o : oo A.M. SUBJECT: (PLEASE BE SPECIFIC) Application for variance for 300 Earl Drive, Kerrville, Texas, undue-r Section 5.02F:. EXECUTIVE SESSION REQUESTED: YES _ NO xx PLEASE STATE REASON FOR EXECUTIVE SESSION na ESTIMATED LENGTH OF PRESENTATION: Two (2) minutes PERSONNEL MATTER - NAME OF EMPLOYEE: na NAME OF PERSON ADDRESSING THE COURT: _ Lavern D. xarris, as Attorney for Julia Holmes 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 Monday: 12:00 P.M. previous Wednesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON All Agenda Requests will be screened by the County Judge's Office to determine it adequate lntormatloR 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. See Agenda Request Guidelines. Harris & onroe, P.c. Attorneys and Counselors at Law Lavern D. Harris Bank of Kerrville Tower -Suite 500 Scott F. Monroe 222 Sidney Baker South Susan F. Harris Kerrville, Texas 78028-5900 Fave C. Harris (512) 896-2711 Fax (512) 792-3323 March 27, 1992 Honorable Kerr County Commissioners' Court HAND DELIVERED Kerr County Courthouse Kerrville, TX 78028 RE: Agenda Request - Application for Variance 300 Earl Drive - Julia Holmes Gentlemen: Enclosed is the completed original and five (5) copies of the Commissioners' Court Agenda Request for the above-referenced Application for Variance. Respectfully submitted, Julia Holmes, by an through her attorney, Lavern D. Harris LDH:CAV:cav Enclosures (6) cc: Ms. Julia Holmes 300 Earl Drive Kerrville, TX 78028 9008032.Comm.Ct.Agenda ~~ C A COMMUNITY ACTION GROUP INC. Box 124, Kerrvil}e, Tx. 78029 ~r ~'~ ~"'~'~`~ M arc h 9 , 19 C A G Inc. Helping Conserve Hill Country Living. Honorable William G. Stacy, Judge Kerr County Commissioners Court Kerr County court House Dear Judge Stacy, This is to confirm my oral request that item 2.12 of the Court's Agenda of this date be rescheduled to a mutually convenient date. This resched~.:ling is necessary because r~~ Harris failed to mee*_ the scheduled Agenda date. You offered tc reschedule the agenda item, request for a variance from 5.0~~ k) for Ms. J. rolTes. to 1'~ic'i~=F'~ ~J 19'.~ F'?:/w~"/e~ 1 w_l~ bE• C.. Gr +c=~i~:Ti tha' t,~'G=-• Urt-- ~Cr 11 ~_' . This reaues*. for a variance :__. *_hF: co^*_ir~~ar~ce o* _ lcr~ ~`a•~d; ~~ disA~~te and the various schedulec' rr,eeting~ relatinc *_o this- matter ha~..~e deer re=_cheduled numerous. times to meFt M. Ha~-ri5' scheGUle, starting with his oric+3na request of uece rr;_~e~- 14. 1990. The backgro~;nd material furnished with thi=. agenda item included GAG 's letter of February 6, 199 whicr~ is stii'_ Gendinc a reply from your office for an agenda date. I wi 1 1 contact yo~~ ar, Apri 1 3 , to set. a date that is rr,utua 1 ~y acceptable to all parties. Sincerely yours „ ~~ ~ • , R. D. Haynes, vice-Chairman c c : Dr . lv'organ County Attorney A ~~olunteer Civic organization working for the betterment of the Kerr~-ille Sovth Area Harris & Monroe, P.c. Attorneys and Counselors at Law Lavern D. Harris Scott F. 1~lonroe Susan F. Harris Faye C. Harris February 17, 1992 Honorable Kerr County Commissioner's Court Kerr County Courthouse Kerrville, Texas 78028 Re : ~PPT,ICATIC2i FOR VAitT_A1dCE 300 Earl Drive - Julia Holmes Gentlemen: Bank of Kerrville Tower -Suite 500 222 Sidney Baker South Kerrville, Texas 78028-5900 (512) 896-2711 Fax (512) 792-3323 This application is made for a variance from under Section 5.02K for the good and sufficient reasons heretofore stated to this Court including, but not limited to, all prior testimony and all prior exhibits, documents and diagrams heretofore furnished to such Court. Respectf ly submitted, i ~.~-~t Julia Holmes, by and through her attorney, Lavern D. Harris LDH/jer 9008032.comm.ct.2.13.92 cc: Mrs. Julia Holmes C A COMMUNITY ACTION GROUP INC. G Box 124, Kerrville, Tx. 78029 ~`~ CAG Inc. Helping Conserve Hill Country Living. February 6, 1992 Kerr County Commissioners' Court Kerr County Court House Kerrville, Texas 78028 Dear Sirs _ C y ~- Please refer to Court Order No. 20250, dated May 13, 1991. Said order found that the Licensing Authority violated Kerr County's Rules for Private sewage Facility in granting Permit No 90-47, dated April 8, 1991. The Order found that the private sewage was installed illegally and set aside Permit No. 90-47. Court Order No. 20250 further instructed the County Attorney to take such action in State District Court to obtain an Order, requiring, the removal of the private sewage facility installed under Permit No. 90-47. On May 16, 1991, the Court passed Order No. 20262. This order stayed the enforcement required in Order No. 20250. By letter of June 5, 1991, CAG Inc. objected to the Court's failure to enforce it's Order 20350, and the subsequent issuance of a li- cense to operate an illegal system. These objections were never acknowledged or heard by the Court. The question before us now is "Will this Court enforce Kerr County Rules for Private Sewage Facilities?". New Rules are not the is equally important. is the passage of an ~ strict and impartial excellent opportunity enforcement. only problem before this Court. Enforcement A corollary requirement to adequate Rules order of this Court stating it's policy of enforcement. Order No. 20250 provides an for~the Court to prove it's commitment to Will this Court enforce a Rules' violation or is the Order stay- ing enforcement merely a device to subvert the Rules and the Appeals procedure? CAG Inc. respectfully requests that the Court effectively enforce order No. 20250. An application to have this order placed on the Court's agenda is attached. Sincerely yours, Roy J . Harvey, Chairman .A volunteer Civic organization working for the betterment of the Kerrville South Area ORDER NO. 20262 AMENDMENT OF ORDER NO. 20250 OF THE ORDER, SECTION 3 PASSED ON MAY 13, 1991 RELATING TO THE APPEAL OF THE GRANTING OF A PERMIT FOR A PRIVATE SEWAGE FACILITY TO JULIA HOMES On this the 16th day of May 1991, upon motion made by Commissioner Morgan, seconded by Commissioner Holekamp, with Commissioner's Morgan and Holekamp, and Judge Stacy voting "AYE", and Commissioner Oehler "ABSTAINING", the Court approved by a majority vot• of 3-0-1 to amend Court Order No. 20250 of the Order, Section 3, passed on May 13, 1991 relating to the appeal of the granting of a permit for a private sewage facility to Julia Holmes, as follows: DUE TO THE COMPLEXITY AND INTERRELATIONSHIP WITH OTHER COUNTY AHD STATE LAWS, IT IS THE DESIRE OF THIS COURT THAT AHY FURTHER LEGAL ACTION OF THE COUNTY TO ENFORCE THIS FINDING BE STAYED UNTIL FURTHER ORDERS OF THE COURT. AMENDMENT TO COURT ORDER NO. 20250 Due to the complexity and interrelationship with other County and State laws, it is the desire of this Court that any futher legal action of the County to enforce this finding be stayed until further orders of the Court. i. i F. r. ':.~~ ~ _ _~ ` . is ._.__._,..! _ ~I'.. CT'..'._ i-:_I"'.'C'!-1!._ +'ti J T'.._ ':F'fYa'~~'i~'.I: i I;: 1+. .~F,~..i'11 T ;};r,.._,._t_ i::tlF: ;_~!fli;}CI !': _1 T'- _._ .1•-,ra ',Y'r:rI~~. :rl', i _ ,_,± 1,-:, _ ~ _~, -._'~r. ._,:~.E -_ - %y ~•-~'~~ J_'~_ 1!-'}' __• ~r,Y~i -r~ ~t=• ._~: (+}-'~c_ 1 ~ ~_.~ .L-t Y ,'F i_i t 7_~~ _ . ' ~ _ '. i t-- Y . J :-' ~ ~_~ *~ 1 =3 : U~ _.... {:: F~! ~.' 1~ ?_ t. r; 1_i ~ ! - .. _? - _ ~ - _.. _ ' 1 _, f = _ - ~:-• ,_.r° .. ~_ ~ t-.rte..:: ~ ,.. ~ + r:. _ ._ - _f3 _ _._J_w _ .i!~_. I' - Fi -.. _. ~ "_ :. . . l-:'F . f.: .:: h: ", ~' ~ T"i 1~- 1^ -I 1 ~ ~ ~ T~I 1 1 _ ~ - _ _ - _ i' t ~ ~ _ {. _ _ - __ .----~-iF? -- . ..:~.t"~ ~_._;, t_. 1. 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No further F~errnits sI-~all he issued for the installation of private sewa~3e facilities for huil~~in~3 lots that have been sur~divided in violation of state law and/or the r_ounty sut~division re~3ulations. ... ~. .. v., r. ~cj ~ .,.~.~. ~ .~- 1..1 _Ea S-1i-11{lid = l-..c"T:iC~°. _ =-_'a =':i^fi - _ .2T` + ' •.. ... _ , , i_. _ ~ i rr., -i i"r' fit='~J.t:i "" '~ "'fl'fil =1' ~St=~i' h~~-;t•T.~:• _ ~f -- -- .-~'.- - :ii ?. .; >i ~r r~;~'. ,~'.a;"it~~, t:,"t}fi ;iffi?7_- =;.~_i~17'a''': ~ir,:['~T:~.l :Jr,a ~..~~_..~__ii,,~._._ -tr':.i~ :.'?.°s:- :i1:~.-.i .'i=:1_.].-'_i ~~rli'~~~ =i11!' .:,. ?. '_.-...'T_= _- ._ r. i•~ =.. ~~-17 __ -.•{- ,..iE!~ n ej~ I n , _t. ._ il}~'._ a ~ i~.C~'~ .-_'r r; _ = dpprOVed Y~y a majority vote of 3-2-~:~. RI/'Lr}TII1 ~ T~ 'CkiE AC':'L;AI, ~7F' THE GRAk~'1'IF10 QF A FERMIT F'CJR A FF:IVATE ~13t~)rl~:=E }~ AC'IL1:TY TO JULIA }IOLME~~ On tI-,e ;?nth ,-1<~:Y rr A.[~ri_J_, l~r~~l, ~_arne nn to t~F? hearl9 the ,L~F~r~.,l. ?~~~ tY,e %c~rnrnunity :lotion rrouF~, ("CAG") , of the ~7:c-antin~7 of a l:~c~rrnit foi~ ', griv~~te sewd~~e facility (to to looted an ~ tr. act of lati~:l i.n tk,r_~ glen Oal~.s Sut_~division in k:err ~~oczn±}~, Te:cas, C"t'tic~ Tr:-,~~t"7) , to •?ulia Holr;~es. Mr. r{r.~r~ H..,,:nes, rE~F~rE~rsen±in~7 CAr~, -~r~d Mrs. kialrnes an~3 Y,er attorciey, L-yvet,nP L~. Ii<~rt~i<, eF~Z~n:~rr~,9 an~7 F~reente~l testirnony an~~ ,r~~urnent=_,. After ~-on=.i~jex~i.n,_) the ovi~~en~,e an~:i .~r~aurnents, tt,e :"out,t fin~3:, tP,dt 1. This :~}~l~eal. involvE~s the constru~,tion of :7ection ,c_~? (1;) of the R.ct.l.es of k:err County, Te::aa, .for Frl:'dtE~ ~'~E'GJd~a~'. "dC'.1~1t1P5, ("thE' Se~_tiOn") , cln~~, ;J5 ,ti,.h, i:s ~ ~_'~i~e of first irnF~ression for this Coctrt; Tt;is Go~trt has ncit t7iven clear ~3uiddnce as to the onstruction <~n~~ rne.ynin~~ of the =ecti.on, a fa~_tor at,i~~h P,ds 1e~1 to tY:e F~resent =ituati.on; '3. The Section r~rol-,ibits thrz is~uan~-e of a l~errnit for t.l,e inst.al.l~rtion of ~., r~rivate =ewa~7e facility until a plat of tt~~e tuil~?in~~ lot has teen af~prove~7 }:~y the Carnrnissioners' Gour,t ~ 4 C 6. 7. 8. ~. 1~~. 11. TI,e Tr > ._. TtiE~ `?~'~~'tli7n 1'~ t•:~1i~9 as caritten. No further permits shall be issued for the installation of private sewage facilities for buildin~3 lots that have been subdivided in violation of state law and/or the county subdivision regulations. 3. The County Attorney is authorize~~ to take whatever ~. action ner.es~~dry to t,ave the private sewa7e fa~:ility of Jvlia Holmes removed and such other ' a~,tion as necess~~ry to bring her ille~~al lot. in ~-ornpli~,n~-e with ~1.I applicable laws and rules. On motion rna~~e }iy Cornrnissioner Morgan, seconde~~ by Commissioner Hole~:arnp, with Gornrnissioners' Morgan and Hole}:.arnp, and Jv~~~3e 'titacy voting "AYE", and Gornmissioner's La~_k:ey anal Oehler vrtin~3 "FLAY", the above Order was approved by a majority vote of 3-2-4. 0 n _!'~~ _ r~ Zl ORDER NO. 20262 AMENDMENT OF ORDER NO. 20250 OF ORDER SECTION 3 PASSED ON MAY 13, 1991 RELATING TO THE APPEAL OF THE GRANTING OF A PERMIT FOR A PRIVATE SEWAGE FACILITY TO JULIA HOMES On this the 16th day of May 1991, upon motion made by Commissioner Morgan, seconded by Commissioner Holekamp, with Commissioner's Morgan and Holekamp, and Judge Stacy voting "AYE", and Commissioner Oehler "ABSTAINING", the Court approved by a Ipa~ority vot• of 3-0-1 to amend Court Order No. 20250 of Order Section 3, passed on May 13, 1991 relating to the appeal of the granting of a permit for a private sewage facility to Julia Holmes, as follows: DUE TO THE COtiPLEXITY AND INTERRELATIONSHIP WITH OTHER COUNTY AND STATE LAWS, IT IS THE DESIRE OF THIS COURT THAT ANY FURTHER LEGAL ACTION OF THE COUNTY TO ENFORCE THIS FINDING SE STAYED UNTIL FURTHER ORDERS OF THE COURT. ~ 1 1 •' ~ ~ ti ^~~ ~J l.-i' 1 1 p~ AMENDMENT OF ORDER NO. 20250~PASSEU ON MAY 13, 1991 RELATING TO THE APPEAL OF THE GRANTING DF A PERMIT FUR A PRIVATE SEWAGE FACILITY TO JULIA HOMES On this the 16th day of May 1991, upon motion made by Commissioner Morgan, seconded by Commissioner Holekamp, with Commissioner's Morgan and Holekamp, and Judge Stacy voting "AYE", and Commissioner Oehler "ABSTAINING", the County approved by a majority vote of 3-0-1 to amend Court Order No. ~ c~v J?e . 3 20250, passed on May 13, 1991 relating to the appeal of the granting of a permit for a private sewage facility to Julia ~_ Holmes'^ due to the complexity and interrelationship with C~ ~'~' other County and State laws, it is the desire of this Court~`~ that any futher legal action of the County to enforce thi finding be stayed until further orders of the Court. ORDER NO. 20250 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, Texae, [ "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, f or 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; 5. A private sewage facility, ("the Facility^>, hss 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, is very protective of the environment; I"T IS THEREFORE ORDERED that: 1. This appeal is granted. 2. The Section is valid as written. No further permits shall bQ issued for the install:tion of private sewage facilities for building lots that have been subdivided in violation of ^tate lav and/or the county subdivision regulations. 3. 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 "HAY", the above Order was apprOVSd by a majority vote of 3-2-0 on this 13th day of May, 1991.. ~OMM~c • PLEASE FURNISH ONE ORIGII j0 BE REVIEWED BY THE Ci _._ ~~~~ '" THtS REQI ~~ ti1ADE BY: ~ <<-'~ ~~ OFFICE: MEETING DATE: 1~~T" l~r~~ TIME PREFERRED: ~x~z\1 ~ ~e-ss b~ Cam,- ESTIMATED LENGTH OF PRESENTATION: ~~~wk. 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 RECElVEO BY: THIS REQUEST RECEIVED ON: Ali 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): ~~^~'`~~~~- /~ ~~~~-~ ~--1 ~~ 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,~(i_s very protective of the environment; ~d~.:~.U ~~ 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 dei°ri-gc"C~ J The denial of this appeal does not, in any way, amend ection 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. shall be issued for the installation facilities for building lots that have violation of state law and/or the regulations. ~T x mpt' ns ontained in Se 5.02 unt exas, riv to wage sties CO \i ~11SSIONERS' COLRT:WOLMES.ORD No further permits of private sewage been subdivided in county subdivision ~ th es of Kerr ntinue pgi~. - 3. ~ Cam..,.-,~ ~d~vv~ ;,,, a..~.e.:-~ P d+~ da,Gt~- u.~l~--'~- ~Y.- .w.csn~a+~ '~ I.a..~ -Flc~. NAT shwo-~C ~.; l: I> ORDER NO. RELATING TO THE APPEAL OF THE GRANTING OF A PERMIT FOR A PRIVATE SEWAGE FACILITY TO JULIA HOLMES On tlZe 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 ~~ private sewage facility (to be located on a tract of land in the c;len Oaks Subdivision in Kerr County, Texas, ["the Tract]), to Juli;~ 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 argu;vents, 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; 20. 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 vocal~--on t ~ e u r t ci um a o ca e a nj~tif ha shi on Hol s. IT IS THEREFORE ORDERED that: a 1. This appeal is 2. T denial o his appeal does not, in any way, amend Section of the Rules of Kerr County, Texas, for Private Sew a Fa 'lities. 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. COMM{SSIONfRS' COURT:WOLMFS.ORD ~ h / y ° ~ ,~ ~ ~ lti z t` t~ ryf ~i. ~ ~ r..r ^ ~ ~ t>'3~, e, ~ ka ~' Ch. -I~;u 55"Ell PI;f,L~I,.41; ~I;~~,1)ti COJLIIISSIO\ERS COliRTS-SC'PDI~'I~IO\ I'L.~T~ FILI\G A1D RIJCORDI\Cx I1~ CFRT.~I~ CUt'\TIES CH:IPTER 436 =° H. B. No. 289 An Act requiring the Elting of subdivision plats and the record ng 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 last preceding Federal Census, to regulate the construction of roads or streets in subdivi• lions situated outside of the boundaries et incorporated towns or cities; au• thoriziny 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 at ouch 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 ouch 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 fn conflict with the provisions of this Act; pro• viding a saving clause; and declaring an emergency. Be it e~tacted by the Legislature of file State of Texas: Section 1. Hereafter, in all 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 ~rithout the corpo- rate limits of any city in the State of Texas, who may hereafter dividt 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 Iota, and for the purpose of laying out streets, alleys, or parl.s, or other por- bons 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 there- of, which 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 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 safno 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 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: `~, u5 ~;_ ,.~ ,, 26. Vernon'a Ann.Clv.St. art, 6626a. ~ ~~' ~~`:~~3~~ 'a ~ ~ ~ a ~ ~ i ' ~t~ ~ 2 s d E p 4 ' ~ 1 i I x~ M ~ n ._ 1302 ''~ Z `Gy µ;, i !}K a ~`t ~ ,,.~ ~ t ~ ! ? t s ~~ ~ t9x' . r } •• ~~ f t. .f11.l~':Yh$~;,~,d ~. ~:.d.,k,L', k3?ai,~ ~A'. ]Y y.t. :~ ;~: 3. ~,1,L.r; .,.i+. ~.._i .. ~~. .. .., :i~~ .,...,: ~i~~ ~ A .L. ..i ~ ._. ... '~ '"' CO11M15ti1O\ERS COL~ItTS C•h. 436 v PLATS FILL(; (a) To provide for right of ~;~ay on main arter5• streets er rc ~~.1, «•ithin such subdivision of n ~r•idth of not less than fifty (50) feet nor rr;ore than Oli`TIES 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 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 or same and au. such subdivision within the right of way to be not less than twenty-five ruing a population not ~ t to the last preceding ~ (`-'S) feet nor more than thirty-five (35) feet. or streets in subdivl. (e) To promulgate reasonable specifications to be followed in the con- d gown, or cieies; au. struction of any such roads or streets within such subdivision, consider- vay ror such roads or ing the amount and kind of travel over said streets. izinp such Courts to ~ tion or such roads or (f) To promulgate reasonable specifications to provide adequate drain- rizin0 such court, to ; age in accordance with standard engineering practices for all roads or ~oads or streets; su. streets in said subdivision or addition. ^ize maps or plat, of j (g) To require the owner or owners of any such tract of land, which s or this act; repeal- f ions or this Act; ro may be so subdivided, to give a good and sufficient bond for the proper p - construction of such roads or streets affected, with such sureties as may j be approved by the Court; and in the event a surety bond by a corporate 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 dial] be made last preceding Fed- j 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 Zay 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) for 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 j 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- i in this Act; and there is submitted at the time of approval of such map or of al] lots, streets, plat such bond as may be required by this Act. to be dedicated to Sec. 5. All 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. 1 Sec. ?. The fact that there are no adequate laws giving supervision dged 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, Nays 34; House concurred unties may, by an in Senate amendments, May 15, 1957: Yeas 92, ?gays 22, two present he Court, after a not voting; passed the Senate, as amended, Dlay 14; 1957: Yeas 28, in the county, be Nays 0. ~' Approved June 6, 1957. ' ~+~'o..+;~,a QIl ~iava afFor 1LTav R3 19F7 rlato of arjinnrnmonf ''y a r z t', ; ~ • ~"~' d~ ~J: if v ~ .~:~' _~T~`~,,f,ir~.~., ~,. ~ ~, i r. J 7 L' Y Title 115 rrrtn in lots, ~i~ !'s v. h0 lnrr- - wa.; held to wife of at- a deed exe- 'y o[ attach- ment credi- until subse- ed [or filing ing filing or • my subdivi- t' ntntissioners •=r to dedicate make them • t ob'igation since tl~e nnucsioners' opment Co. ~2 ret. n. r. e. ~ . r ivision pur- . ~ ~ ~ rg filin:c or ~~ ~+~ ' .m' gtthdioi- „ unissroners' ~S'd~ :ceptance of ,:igation on d l d ' an an e '~'" on to a city and filed it ~-~" iatural sur- ' r` -, park area, -' lots within M' h~ the use o[ 1.' cator could { " td prePCrty '~ ~, notn'ith- ' ral accept- ~'~ c~ ication and :.' s park area. - n•" . 233 S.\~ Baling with - ions or ad- - c >[ the state !~_ ,ats o[ sub- ~-y- -ipal limits. _-- r (Civ.App. ~ r ~ d. ructh•e no- '~ ppiewell v, ' 342 S.«'.2d rrtfasioners' City Plan- :rning body s, must be 4 i ,< t u Ch. 3 EFFECT OF RECORDI\G Art. 6626a 4-i~on before coimty clerk is authorized to t,;. or record a y'.at o[ a subdivision lying c,utside of, but Within five miles of a city oC _ ;.~~00 or more population. OD•Atty.Gen. l:~ln, No. 0-2108. 1•artition deeds executed by co-tenants f~,r purpose oC effecting a partition of ]and iL> not come within statutes regulating reg- „tration of plats or maps, Op.Atty Gen. 1~1~, No. 0-5150. Tile City Planning Commission or other Fnvcrning body o[ ctties containing 25,000 inhabitants or mare has no authority to ap- I•rove or disapprove plats and maps of land ~chere such addition is outside corporate Irmits of ouch towns or ctties but wlthln a flee mile radius. Op.Atty.Gen.1944, No. G~~90. Comtnlssioners' court of county cannot refuse to authorize filing and recording of maps or Diats of subdivisions of realty situ- nted outside corporate limits of any city or tnn•n, but within limits of a town, for sole reason thnt roads set forth 1n subdivision me not of proper width or that subdivision refuses io give a drainage easement to County. Op.Atty.Gen.1946, Ao. 0-7125. •1•here property is located wlthln an in- rornorated ton•n and outside 1[mits of but n'ithin six miles o[ a larger incorporated r~,n'n. only approval of governJng body of ~inaller town in which property is located is required in order that a plat of such prop- erty be filed and recorded by county clerk. Op.Atty.Gen.1948, No. V-624. Mays or plats o` ].end situated within !i~ e miles of corporate linuts of any city- arc re- quired to be approved by groper authorities of city, and I[ land lies within five mile, of more than one city, approval of proper au- thorities of city having largest population must be obtained, and maps or plats of land lying outside corporate lim(ts of city re- quire additional approval of commissioners' court. Op.Atty.Gen.1950, No. V-1138. 21. Mandamus tiVhere platter had done all that this arti- cle, forbidding filing or recording of a map or plat of any aubdl~'ision until authorized by Commissioners' Court, demanded, an authorized filing by Commissioners' Court became a mere mfnisterial duty, the per- formance of which could be compelled by mandamus. Commissioners' Court i•. Frank Jester Development Co. (CIv.App.1747) 199 S.tiV.2d 1004, ref. n. r. e. Mandamus proceeding to compel Commis- sioners Court to authorize filing and recor- dation fn deed records a map or plat of subdit•ision of land not situated within flee miles of corporate limits of any Incorporat- ed city or town was not rendered moot by entry of order by Commissioners Court granting ouch authorization encumbered with a number of provisions and limita- tions. Chesser v. Grooms (CIv.App.195i) 302 S.w.2d 188. County clerk's ministerial duty to re- cord affidavits of heirship u•as properly enforced by mandamus. Turrentine v, Lasane (C1v.ADD 1965) 389 S.\V.2d 336. Art. 6626a. Subdivision plats; recording; counties of less than 190,000 population; po«•ers of commissioners court Section 1. Hereafter, in all counties having a population of Iess til~,n one hundred ninety thousand (190,000) according to the last preceding Federal Census, every owner of any tract of land situated «•ithout 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- 1)ose 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 out suburban lots or building lots, and for the purpose of laying out stl•eets, alleys, or parks, or other portions intended for public use, or the use of purchasers or owners of lots fronting thel•eon or adjacent thereto, shall cause a plat to be made thereof, which shall accurately describe all of said subdivision or addition by metes and bounds and 19 rcx.ciYst.-lo 145 r; ~ a x aa~ tl S a Art. 6626a r~cisTR:~Tro~ T;c~e ii, locate the same `~•ith respect to an original cornet• of the original sur- vey of `rhich it is a part, giving the dimensions thereof of said 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 olvners of lots fronting thereon or adja- cent thereto, provided, however, 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 ~ti•ith 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, squaz•es, 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 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 way 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- ~idering the amount and kind of travel over said streets. 146 f.: -~'~ k.,~ ~ =r, ~$4 . ... °<~ ... ~ yd4 ~ i its su r- ~bdi- arks, ~e or ldja- ' any shall and f the of of Ileys, ed to sting ,'Hers said nt of this E the ~y an after unty, toads ~t nor such (50) right (45) with- enty- n the Con- Ch. 3 EFFECT OF RECORDING Art. 6626a (f) To promulgate reasonable specifications to pro~-ide adequate drainage in accordance with standard engineering practices for all 1•oads or streets in said subdivision or addition. (g) To require the owner or owners of any such tract of land, which may be so subdivided, to give a good and sufficient bond for the l~l~oper constl•uction of such roads or streets affected, R-ith 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 sul•ety company authorized to do business in isle State of Texas. Such bond shall be made payable to the County Judge ol• his succes- sors in office, of the county wherein such subdivision lies, and condi- tioned that the owner or owners of any such tl•act of land to be stlbdi- ~•ided will construct any xoads 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 r 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 S of the Act of 1957 provided that ail laws or parts of ]awe in conflict with the provisions of this Act are hereby repealed; and, Sn case of such conflict the provisions of this Act shall control and be ettectlve: 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 flue (5) mile radius of their corporate limits. Section 6 Drovided that if any section was declared unconstitutional, it should not af- fect the remainder. The Act of 1961, in section 1, changed the population repulrement from "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 provided; "Chapter 486, Acts of the 65th Legislature. Regular Session, 1957, a, here- by amended, does not limit the reQUirement of Prior approval of plats by cities, under Chapter 231, Acts of the 40th Legislature, Regular Session, 1927, as last amended by Chapter 317, Acts of the 54th Legislature, Regular Sesslon,1955." 147 ;u~. ~ :~~a ,. . •~l~ ~ I: x lr ~ .~ • a . M ' "'1~.~j l,~ f P: 5 ~~ ., t, .. - ., lf~~,+ ^:~,. % '; gM1~,4t~ ~ ,`..e ~ ~,I Kr ~ til - _~ ~Ye" 'e'n^ ~ rv ~, 'r'~'i# 1~ ~ ~e~'e z {''; kr a ~' ~Y~ai Yx ~ryl „FE ~'~~ fA t r ~ f~ '~1 1~ ! ~1~ - ° ir, - ~~' 6 ~„ S Y t <1i i 1 r ! 1 l ~;S t J t 1+ ' ~'• ~ w dJ a ~ ~ q 1 P, ,k u, , ~ ~- 9~, ~ +t.Bl.~ ~..i.i _,,. ,._.. s; t` ~} ~.,~ ,~ ~ r ~.,.~,M '.i }~ ~ ~ ~ i ' >~"~'~'T~ ~,~ .t ~%- f{ ~ r r '~ .__.~~u;i,Jsi`s,__.lsi~'~e3?.S_ -s..r ,.[:.`!a !„ ,~..vd:.2.~V ~4 ... _...a.e x.~6.k(.. s,..~r~»>~ ~,. ~....~I,kl...<~:~ .iii:... ~,.s,~~l.:~c 1' t~fl~ ~ :t~ ~>:;clsrx~Tlo~ Tale 215 .~~. 6609 to 6623. Repealed by Acts 1985, Historica! and Statutory Dotes Section 1 of Acts 1985, 69th Leg., ch. 959, ~praling these articles, enacts the Civil Practice and Remedies Code. ch W allows you to ~s with the Insta-Cite Art. ss2sa.2 Repealed 69th Leg., ch. 959, § 9(1), eff. Sept. 1, 1985 For disposition of the subject matter of the repealed articles, see Dispositior. Table preceding V.T.C.A. Civil Practice & Remedies Cade. CHAPTER THREE-EFFECT OF RECORDING Article r626aa. Repealed. search, see the V,'ESTLAW DIJ'TIES § 49(I), eff. Sept. I, 1987 ified as art. 1941(a)) to the ;ith ch. 886. e to the repeal of art. 6600 by gig., ch. 149, § 49(1), art. 6600 lets 1987, 70th Leg., ch. 349, )87. Acts 1987, 70th Leg., ch. aced by Acts 1989, 71st Leg., Aug. 28, 1989. ~OF FOR RECORD i9, § 9(I), eff. Sept. 1, 1985 )2a, relating to stockholders as ved from Acts 1971, 62nd Leg., )59, § 9(1), eff. Sept. 1, 1985 07x, reiating to short forms for was derived from Acts 1981, :, ch. 338, § 1. N'ESTLAW Electronic Research See WESTLAW Electronic Research Guide fol- lowing the Preface. Article 6626x.1, 6626x.2. Repealed. 6626b to 6626e, Repealed. 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. Loca] 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, 1987 Historica[ and Statutory Notes Section 1 of Acts 198?, 70th Leg., ch. 149, repealing this article, enacts the Local Govern- ment Code. Foi 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. 6626a, was added by Acts 1983, 68th Leg., p. 1720, ch. 327, § 2. Art. 6626x.1. Repealed by Acts 1984, 68th Leg., 2nd C.S., ch. 8, § 2(b), eff. July 12, 1984 Historical and Statutory Notes was added by Acts 1983, 68th Leg., p. 1722, ch. The repealed article, relating to optional sya- 327, § 4. rem of subdivision control for certain counties, See, now, art. 6702-1, § 2.402. Art. 6626x.2. Repeated by Acta 1987, 70th Leg., ch. 149, § 49(1), eff. Sept. 1, 1987 Historical snd 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 artic]e, see Disposition Table preceding V,T.C.A. Local Government Code. The repes]ed article, relating to subdivisions in municipal extraterritorial jurisdictions in coun- ties operating under art. 6626a.I, was added by Acts 1983, 68th Leg,, p. 1721, ch. 327, § 4. 81 r ..- .A COMMUNITY ACTION GROUP INC. Box 124, Kerrville, Tx. 78029 March 9. 1992 ~~ c :~~_ C A G Inc. Helping Conserve Hill Country Living. TO:- Honorable Kerr County .Commissioners' Court What is Mr. Harris requesting this Court to do? His letter of February 17, 1992 says he's asking for a variance. What does he really want? He wants what he already has to be blessed and approved by .the Court. This will be the third time that Mr. Harris (on behalf of Mrs- J. Holmes) has requested approval for a Private Sewage Facility for the site (property): couched in terms of a request for a vari- es nce . The first time he wanted to hook-up a new residence to an exist- ing sewage facility after the connection had already been made; and that was denied by the Court as being untimely. The second time was with regard to a new Private Sewage Facility for the same property. In this request the Permit was protested and appealed to the Court by CAG Inc. The County Commissioners' Court over-turned the granting of the Permit and authorized the "County Attorney to take whatever action necessary to have the private sewage facility of Julia Holmes removed and such other action necessary to bring her illegal lot in compliance with all applicable laws and rules." Refer to Order No. 20250. This Court subsequently stayed the order by stating in part `... It is the desire of this Court that any further legal action of the County to enforce this finding be stayed until further orders of the Court." Refer• to Order No.20262. The central focus of this dispute has been those actions taken by Ms. J. Holmes and Mr. Harris, and then asking for the Court's approval after the fact. On each appearance in this Court Mr. Harris or Ms. Holmes has asked for the Court's approval of action already taken by Ms.J Holmes. In the first instance, Ms. Holmes was denied a permit by Mr. Like's letter of September 12. 1990 after she had made an unauthorized connection. The actions cited above followed. In substance, Mr. Harris is again asking the Court to tell him that past actions taken by his client are okey. A volunteer Civic organization working for the betterment of the Kerrville South Area ti .-.. _ Page 2 - Commissioners Court Holmes case. The Court spoke clearly in its finding in Order No. 20250 The Court did not change its decision but only stayed the en- forcement until further order by the Court. Order No. 20262 The question before the Court today is: "When is the Kerr County Commissioners' Court going to enforce its findings and Order No, 20250?" The Court has spoken twice on this issue and the •response has been clear. We respectfully request the Court to please demon- strate its support for the enforcement of Kerr County Rules for Private Sewage Facilities. Some may think the Rulesl under which this issue has been consid- ered have been changed because of all the publicity given to the wor {~ on new Rules . But this is not the case . These actions on this issue have all been taken under the current set of Rules that are in force. During the entire period of this dispute the Rules have remained unchanged. Asain, we say that the matter before this Court is: Will it en- force its Order No. 20250? We do not ask that the system be removed;. however, the Court should prohibit its operation and use. Respectfully Submitt d: ~~ ~ 2~ ~ ~ ~ . ~ ~ , ~.,~=, William G. Pearson, Chairman of the Board TIME LINE OF EVENTS RELATING TO HOLMES REQUEST FOR A "VARIANCE" 1. Holmes enlarged and expanded an out building (shed) into a residence, sometime around July 1990 without a Private Sewage Facility Permit. 2. About the same time Ms. Holmes began the construction with- out a Permit from the appropriate building board. 3. By letter dated August 30, 1990 the Environmental Health Director denied issuing a permit to Ms. Holmes in responce to her application. 4. By letter dated September 12, 1990 the Environmental Health Director notified Ms. Holmes that she had made a plumbing connec- tion (of sewer) to an.existing sewage faciity without a permit, and that she must make a visible disconnect of the remodeled dwelling plumbing from the septic tank until a permit to con- struct is issued. 5. Ms. Holmes did not respond to either letter. 6. On October 29, 1990 The Environmental Health Director again wrote Mr. Holmes a letter advising her that she was in violation of the Rules and denying her a Permit to Construct. It was this letter that Mr. Harris' letters of December 14 ,1990 and Febru- ary 25, 1991 was responding to and by which he requested a vari- ance from the Court. 7. On December 14, 1992 Mr. Harris wrote a letter to the court advising that Ms. Holmes disagreed with Mr, Like's letter of October 29, 1990 advising Ms. Holmes that she was required to do some replatting before a permit could-be issued. He further advised that Ms. Holmes wished to appeal the matter to the Court. He requested that the December 17, 1990 Executive Session be rescheduled to an open Court meeting at a~ mutually convenient future date. 8. By letter dated February 25, 1991 Mr. Harris requested the Court to hear Ms. Holmes request for a variance from having to repalt. 9. The Court heard the request on February 28, 1991 and denied the request because it was not timely. 10. On April 8, 1991 Mr. ~itke granted Ms. Holmes a permit to construct an aerobic on-site sewage facility on the 0.19 ac. Tract . 11. This permit was appealed by CAG April 10, 1991 on the grounds that issuing the permit was in violation of 5.02(k) of the Rules . The appeal asked that the granting of the permit be overturned.. 12. The appeal was heard on April 25, 1991 and the court 1 e granted CAG's appeal and found that the Tract is not entitled to a permit pursuant to the Section because the Tract is an illegal subdivision. On May 13, 1991 County Order No. 20250 was issued giving the details of the Court's findings and decision. 13. On May 16, 1991 the Court Passed Order No. 20262 Staying its direction to the County Attorney to take whatever action necessary to bring her illegal lot in compliance with all ap- plicable laws and Rules. 14. By letter of February 6, 1992 CAG Inc. asked the Court when it was going to enforce its decision in Order 20250. 15. Late Thursday evening March 5, a CAG director learned that Mr. Harris was again asking the Court for a "variance", this time from 5.02( k ). A copy' •of the March 9th Court agenda( viewed for the first time by a CAG rPpresentat~ive at 9:00 A. M. March 6th) showed Mr. Harris on the agenda but CAG was not. 2 ORDER N0. 20899 OF pFPL~ ~ ~ ~}g 300 S~l~ 5.02K aril 21, 1992 Vol S, Page 598