a
ORDER N0. 2585
CONSIDER ACTION FOR VIOLATION
OF I;ERR COUNTY SUBDIVISION RULES AND REGULATIONS
On this the 1^cth day of April 1999, upon motion made by
Commissioner- Williams, seconded by Commissioner^ Griffin, the
Court yfl~F1~lADUSiy approved by a vote of 4-0-0, that the
Co~_~nty Engineer^ write a letter to Mr^. FCen Muller notifying
him that the status of the subdivision will be reviewed
by the Cour^t at the April cEth agenda, and that the County
.Tudge ask o~.ir^ civil attar^ney, Mr. F'ollar^d, to prepare a
review and report pr^ior^ to that Apr^il c6th meeting.
COMMISSIONERS COURT AGENDA REQUEST
*PLEASE FURNISH ONE ORIGINA AND FIVE COPIES OF THIS REQUEST AND
~-. DOCUMENTS TO BE VIEWED BY THE COURT
MADE BY: Franklin Johnson. P.E. OFFICE: Kerr County Road & Bridge
MEETING DATE: Aoril 12.1999 /TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC): Consider action for violation of Kerr County Subdivision Rules
8~ Regulations.
EXECUTIVE SESSION REQUESTED: YES
~^
NO roc
PLEASE STATE REASON: Consider action for violation of Kerr County Subdivision Rules & Regulations
ESTIMATED LENGTH OF PRESENTATION: 10 minutes
PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston. P.E.
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapters
551 $ 552 of the Government Code is as follows:
Meetings held on 2n° & 4"' Monday: 5:00 P.M. previous Tuesday
Meetings held on Thursday: 5:00 P.M. previous Thursday
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. See Agenda Request Guidelines.
/"`

Kerr County Road & Bridge
,-~ ao10 San Antonio Hwy
Kerrville, Tezas 78028
Phone: 830-257-2993 FAX 830-896-8481
MEMO
TO: Commissioners Court
FROM: Franklin Johnston, P.E.
DATE: April 1, 1999
RE: Lots offered for sale on "The 1869 Ranch" without platting
The 1869 Ranch, between Center Point and Comfort, is offering lots for sale without filing a
subdivision plat (Kerr County Subdivisions Rules & Regulations paragraph 6.02.E.6.)
No sale of lots in arty subdivision shall begin until the final plat has been approved by the
Court and subdivision plat has been filed with the County Clerk, Kerr County, Texas.
Lots 2 and 3 do not access State Highway 27 or Stoneleigh as Mr. Muller stated in
Commissioners Court September 28, 1998, so they would require some kind of road or easement
'~ to provide access. This requires a plat per Ken Coutrty Subdivision Rules & Regulations
because it does not fall under the "Elgin Bank" exceptions.
I recommend Commissioners Court consider action per paragraph 3.03 of the Ken County
Subdivision Rules & Regulations.
Orr behalf of Kerr County, the County Attorney shall, when directed by the Court,
institute appropriate action in a court of competent jurisdiction to enforce the provisions
of these Rules and Regulations or the Standards referred to herein with respect to any
violation thereof which occurs within the County.
Attachments
1. Sales advertisement for RFJMAX Associates.
2. Transcript from Mr. Ken Mueller which be addressed the Commissioners Court on
September 28, 1998.
Commissioners Court Agenda September 28, 1998
<",


a.
03-22-1999 11~06AM
1
2
3
9
5
6
7
8
9
10
11
12~
13!
19
15
16
1?
18
19
20
21
22
23
29
25
FROh1 KERB CO CLERK OFFICE TO
98968481 P.02
COMMISSIONER LETZ: At 10 o'clock.
COMMISSIONER OEHLER: Second.
JUDGE DENSON: Ali in favor?
(The motion was carried by unanimous vote )
JUDGE DENSON: 2.2, consider enforcement of Kerr
County Subdivision Rules and Regulations at 1669 RaACh
Subdivision, Precinct 2. The County Engineer put this on.
And we have a reQutst from Mr. Ken Mulltr from Boerne to
speak on this matter, which, Mr. Muller, we`ll recognize you
and let you speak in lust a moment, but let's let the
Engineer lay this out first.
MR. JOHNSTON: This was an item that waa brought to
r. .
my attention by Commissioner Lackey. He said there was a
road built down there some time back, and he said he was told
that was a private road to a residence, wasn't. any part of a
subdivision. And then we went down; we saw the sign that
went up that says, "Land For Sale" next to that road. We
didn't know anything about it, so we assumed that it was some
kind of a subdivision. So, that's why we've brought it to
your attention, and thought it should be investigated.
JUDGE DENSON: Okay. And the backup material for
this agenda item rtflects that the property is owned by Ken
Muller.
HR. JOHNSTON: That's my understanding. I think we
Called KCAD; I think that is the owner of it.
18
/^
~"~
/"`
03-22-1999 11~06AM FROM KERB CO CLERK OFFICE TO 98966481 P.03
COMMISSIONER BALDWIN: I've got a Question, just to
get me up with y'a12, obviously. It looks like there may be
a subdiviaion down there that hadn't come before this Court,
and a road being built into it, and -- I mean, the whole
thing. Areal, live subdivision going in.
6 HR. JOHNSTON: Well, looks like it, but we have no
7 way of knowing --
8 COMMISSIONI';R BALDWIN: That's what I'm saying;
9 that's what it looks like. And pzoperty foz sale, et cetera.
10 So, okay, I'm there.
11 COMMISSIONER LETZ: It's on Highway 27, right on
12 the border between my precinct and Butch's, real close there.
r.. .
13 And it's -- it's got frontage cn Highway 27. Then I believe
14 the developer built a road, you know, just -- maybe Ken can
15 explain it -- along the fence line on the east side, and it
16 was a place where they had to call it -- it's a long,
17 straight road right along the fence Line on the east side of
18 the property; that's all I know about it. I believe there's
19 some property on the -- probably on the south aide of the
20 highway, as well; both north and south aides of 27.
21 JUDGE DENSON: Okay. Mr. Muller?
22 MR. MULL ER: Thank you, Judge, Commissioners.
23 I want to thank you for allowing me to appear before you.
29 I would request, though, if possible, I might go as long as
25 5 minutes, and I notice you nave a 3-minute limit, so I would
19
F"~
~'`
/'`
IN
03-22-1999 11 ~ 06f~1
FROM KERR CO CLER{< OFFICE TO
98968481 P.04
2 request that. What I'd like to do is lust discuss why I'm
2 here, what are my plans, and the governing laws and then the
3 summary.
4 I'm here because of a third-party call that someone
5 called and said, "Hey, I see where you're on the agenda in
6 Kerr County on Monday morning." And that sort of surprised
T me, 'cause i didn't know what was happening. And I called up
8 last week, and Tammy was kind enough to send me a copy of
9 your agenda, and I saw where my property was on there. And
10 so, one of the first Questions I would ask is, would not the
11 process be better served if someone who owns property in Kerr
12 County, if theze is a question about it, if that party was
,,.
13 contacted and the questions asked of them, rather than taking
19 up the time of the Court? Because in this particular case,
15 if I hadn't heard about it through a third pazty, I wouldn't
16 be here and there might be some misimpressions. So, all I
17 would suggest is that you possibly consider a method or
18 procedure that gets the party involved whose property it is
19 before, necessarily, it comes before the Commissioners Court.
20 What are my plans? I have approximately 750 acres on
21 both sides of Highway 27, and also on Stoneleigh Road. My
22 circumstances have changed and I wish to sell two or three
23 parcels, and that's how I have it advertised. I have it
29 advertised from 115- to 200-acre, 250 acres; in other words,
25 four parcels. 1-Eter I sell two or three, I will keep the
20



03-~-1999 11~07RM FROM KERR CO CLERK OFFICE
TO
98968481 P.05
1 rest, including the south side of Highway 27. In fact, I
2 have somebody looking at approximately 400 acres of it, and
3 if they purchase it, I probably won't sell any more. Any
9 aale of property will include frontage on either Highway 27
5 or 3toneleigh Road. I gave Mr. -- Commisslonez Lackey a
6 railroad storage tank down there for the Elm Pass Fire
7 Department, so I got to meet him. 11nd I believe he asked me
8 at that time about that, and I told him it was lust a
9 driveway. It's only 10-foot wide; it is paved. It was never
10 any intention to be a road And to subdivide off it.
11 The governing points on this potential sale are as
22 follows. Unless your rules have changed, agricultural use is
,•. .
13 excluded from the general provisions, and that's your Order
14 15296, which I believe is recorded in Volume 291, Page 332,
15 et cetera. And, in that, especially under Section 3.16,
16 subdivision does nut include division of land for
17 agricultural purposes. My land is being sold for
18 agricultural purposes, because I'm talking about 200-acre
19 parcels. But, even if it was not agricultural, the State law
20 is as follows. Platting requirement under Section 232.001 of
21 the Local Government Code, and under the A. G.'s opinion,
22 J.M. 1100 on the summary, page 576 of the Attorney General's
23 recoxds, is that under Local Government Code, a division of
24 land is subject to platting raquirements only if the division
25 includes laying out streets, alleys, parks, and so forth.
21


,~'~
03-22-1999 11~07RM FROM KERR CO CLERK CFFICE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
TO
98968481 P.06
I'm not laying out a street, I'm not building a road. ~~Any
land that I sell is going to come -- going to be a Bart
that's cut off of the hiyhway or off of 8toneleigh Road. My
division is into two or three parcels of 700-plus acres. It
does not involve any new streets, and any property sold will
have frontage on Highway 27 or Stoneleigh Road.
There is a Case in point which I'm sure you're familiar
with, but I'm just going over some of this to have it of
record, and I appreciate your patience, and that's the Court
of Appeals Case dated 8/16/95, which is Ela1n Bank vs.
Travis County, which was appealed from the District Court.
Elgin'l3ank owned 150 acres. It had frontage on several
roads, and they wanted to cut it into eight pieces. Now,
they were certainly smaller and they weren't agricultural, i
wouldn't think. but, nevertheless, it was 150 acres into
eight pieces. Travis Caunty asserted that they file a plat.
The Court of Appeals disagreed. Section 232.003 of the Local
Government Code is the only authority upon which the County
may base a platting requirement.
The Court of Appeals held that Travis County may not
require any owner who subdivides, but does not lay out
streets, alleys, and ao forth, to prepare a plat. And in
that particular case, Travis County wound up paying all the
costs relating to appeals, both in the District Court and in
the Court of Appeals, and probably wound up paying the
22

~,
03-22-1999 11~08f~`1 FROM KERB CO Cl_ERK OFFICE TO 99968481 P, 07
• I
~`

1 attorneys fees because the Declaratory Judgment Act waives
2 governmental Immunity. All of that, as I say, is basically
3 for the record. The question is, I have some land; I'm going
9 to cut it up into two or three pieces. It's advertised that
S way. How anybody got the idea I was going to have a
6 subdivision -- I suppose my name precedes me, and some of my
7 other wank and activities. Maybe that's what it was, I don't
8 know. But I wanted to bring this to your attention so that
9 you would know what I was doing, and I have no intention of
10 cutting any lots off that road, and you have that on record.
11 Do you have any questions?
12 COMMISSIONER LETZ: The only comment I have is you
r., ,
13 cited a -- in the Subdivision Rules, 3.16. Ous rules don't
14 have 3.1 b, which leads me to believe you probably don't have
15 tFte current rules. Curzent rules were passed under Order
16 25314 on May 11th of '98.
17 MR. MULLER: Okay, then, I do not have it.
18 COMMISSIONER LETZ: So, anyway, in that regard,
19 there is no longer an exemption for agricultural land.
20 MR. MULLER: Okay.
21 COMMISSIONER LETZ: Tn the toles.
22 MR. MULLER: Well --
23 COMMISSIONER LETZ: The reason I think you were --
24 it was put on the agenda by Commissioner Lackey and the
25 Engineer is that we were not aware of what you were toying
23
r
~`
i^
II
03-22-19'39 11~08HM FROM KERR CO CLERK OFFICE
10
11
12
13
19
15
16
17
18
19
20
zl
2z
23
z4
25
TO
96'968481 P.08
do. It was our way to get you here to explain it.
MR. HULLER: Yeah, but no one called me and told me
to come today.
COMMISSIONER LETZ: Well, I don't know --
MR. HULLER: You know, that -- that's ail I'm
saying. But I --
COMMI3SIONER LETZ: Hut your reputation does -- is
part of the issue. And you did cut a road along the side,
and the appearance was you were doing a subdivision. And if
you're not, you're -- under the Elgin Bank rules, as known,
you know, I don't think there's any problem with that.
'"•~' MR. HULLER: Well, it's nice to get it clear and to
bring it up ao that you know.
COMMISSIONER LETZ: That'5 my only comment.
JUDGE DEN30N: Yeah. The only comment I would have
is -- and, of course, Commissioner Lackey is not here to
respond to any of these statements -- is that I know the
Engineer, per his little note in the file, and the fact that
Butch Lackey saw some work being done out there on the road,
was to put on it the agenda, bring it to the Court, and the
Court to take action as a body and possibly appoint someone,
either on the Court or the County Attorney, whomever, to --
to get 1n touch with you and ask you for an explanation. It
was not to make any finding today that some violation had
occurred oz some ulterior motive was in play. I think that
24
~~'^


1{
03-22-1999 11:09RM FROM KERR CO CLERK OFFICE
6
8
0
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
TO
96968481 P.09
was probably the reason why you were not contacted direct, is
that this Court certainly was not going to take any action
today that would be detrimental to you, Mr. Muller.
Otherwise, I think that puts the issue to bcd.
MR. MULLER: Well, I appreciate tha time and I
appreciate your comments, and I'll do what I have said and
we'll go from there. I thank you very much.
COMMISSIONER BALDWIN: Nice to see you.
JUDGE DENSON: When is the courthouse going to be
complete down in Boerne?
MR. MULLER: They're looking now at probably
opening it up on Election Day, unless the County Clerk has
~.
her way, and she's asked them to wait a few days. They're
looking at around November the 1st. It keeps getting pushed
back because of problems and supply and contracting.
JUDGE DENSON: It will be a nice addition --
MR. MULLER: Yeah, it's going to be a nice --
JUDGE DENSON: -- for the County government.
MR. MULLER: Thank you very much.
JUDGE DSNSON; Yes, sir. Thank you. 2.3, consider
and discuss Financial Investment Quarterly Report. Barbara
Nemec, our Treasurer.
MS. NEMEC: Good morning.
JUDGE DENSON: Good morning.
MS. NEMEC: Ouz first page here, we have the total
25
s^~
TCTRL P.09
,
'" FROM SHERRQV PROPERTIES
f;nb Buckhult. REALTOR°. GRI

~xk.
PHOr•E r•D.
Laz
~~J
~ ~~ a ~ ~S
~ .;~,~
` ~~ 4
MAR. 10 1999 02:11PM P1
~ ~ ~~
25 YEARS
Above the Crowd'
THE 1869 RANCH
(S MILES FRAM COMFQR'I)

BEAUTIFUL HILL COUNTRY RANCH LAND
- ~` ~: ,: ,
', ~-: ~
,: , . ,
c .,
,~;,` `,
115 ACRES
About 90 acres is
beautiful Guadalupe
river valley land. The
property can possibly
be irrigated. The rest
of the property is
roldrtg, tree covered
land with a wonderiuk
view to the south_
Lots of deer.
5339,250.
i29SWSC.
139 ACRES
Beautiful rollinfl land
with meadows and
oak clusters. Excel-
tent soil. Lots of
white-tail and aids
deer. Good views
from several building
sites. This property
can be one of the
prettiest placos
around.
$310,000.
sz2eya~.
250 ACRES
If you want variety,
this is your property.
Hiyh hills to a wed
weather Croak with
a large pond. Great
homesittis with
views. Big variety of
trees and lots of
wildiffe. Two wind-
mills.
5623,7b0.
524B51ac.
~,
OWI~'ER FINANCING IS AVAIL4BLE - CIP TU 30 YEAR AMORTIZATION
204 ACRES
Great ranch land with
good soil and lots of
trees. Very private
area. Lorry views and
lush valleys. Many
white-tail and aids
deer. You wIB love
this property. 4 miles
from IH-10 oft Cy-
press Croak mad.
5379,000.
$1895/ac.
RE/MAX Associates
110 Fast Bandeta • Borne, Tezaa 7f1006 • Office: (630) 616-2660 • Toll Free: 1.500-455-155 i • E.Mail: txland~flacb.net
~..~ ~ ~' Each FiE,1MAX° office is iodctw_ndently owned and opcmtwl
Iw
FROM SH62RON PROPERTIES
PHONE N0.
. ,, ~, _ ..
~,~., ... ~ r~' `r
~~~'r
1
~r 'i,I
4 . %I
\C~ 1
I
'x'.`,11'
l ! .,
ti .. ~~' ? Irr ~ ~' ~Itli/- r \N n f
" ill `~ {~ ~1 ~rr1
f/ • . ~ ``
f ~ 1 ~- C ~! ;1\ 1
1 1 ~ ~ ~ ..i `h ` {~ ~ it ~' 1 \ ~ ~
4. r. ,~ ,~ , C .. I ~ ~ '
i 5 '
° ~ I ! ,~
- t' , 1 -
~.~ lr o I {' ~' i.
,'
I a ~ ~,~
,~ ~~ .~ I
!¢
~ti /~~a ii `~ ~ ~I u,7rP ~1 i r ~ ti~~,
J r k '
w '
Ati -~. ! 1 p ~ _ 1 ~^I
!. r
`-, I
~ 1 ~ III^'{I~.
,~ X1'1 ~ I' .~',_
f ~
f ~+~"~~ ~ .~ - fir/ ~11~
1 1
1 `
e ' e
c c•
MRR. 10 1999 02:11PM P2
I , -'
1 Y`~,'..
,= ~ •--
(: ~ y.h
i ° .~~ ~ " ,
~b, ^i
I
!Ia ~ ~,
r
` \ .1 .~ 1 !i!\I!\~~
I ,~ `~ 3!
! ,/ ' X11 ~,;i
!

Y~ 3!, f
~T l..f,~v r/~'l f11.~. ..r
! .~'M~ 3.R~ ~.t~lry ~ ~ `tjl
_ ~ !

-25-1998 09~14AM

II
FROM I~RR CO CLERK OFFICE
CONSIDERATION AGENDA:
listed below)
TO
98968481 P.02
(Action may be taken oa Items
2.1 Consider and discuss Preliminary Re-Plat for Falling Waters
Subdivision. (County Engineer/Dave Ellis) .
2.2 Consider enforcement of Kerr County Subdivision Rules &
"Regulations at 1869 Ranch Subdivision, Precinct 2. (County Engineer}
2.3 Consider and discuss Financial Investment Quarterly Report.
(Treasurer)
2.4 Discussion of Inter-Local Co-0p with Local Governmental entities.
(gryan Finley/Ray Rothwell)
2.5 Consider and discuss for approval Iaterlocal Agraetinent for Mental
Health and Chemical DependBncy Commitments at Kerrville State
Hospital with Lavaca and Jim Wells Counties and authorize the County
Judge to sign same. (Cormty Clerk}
2.6 Consider and discuss changes in appointments of Alternate Judges for
'~ the November 3`~ General Election. (Sharon Bartling)
2.7 Consider and discuss approval of refund of Ad Valorem Taxes to
Henry Stegruann in the amount of $988.82. (Tax Assessor/Collector)
2.8 Consider and discuss appro~g amended job descriptions for the
Animal Control Facility. (Animal Control Manager)
2.9 Consider and discuss approving contract for telephone equipment at
the Road and Bridge offices and authariu the County Judge to sign
same. (County Judge)
2.10 Consider and discuss approving the Ninth Amendment and Extension
of City/County Fire Fighting Agrocmcnt and authorize the County
Judge to sign same. (County Judge)

ORDER NO. 2~31~
APPROVAL TO AUTHORIZE GLENN HOLEKAMP TO
PROCEED WITH ANIMAL CONTROL DIALOGUE
WITH THE CITY OF ~:ERRVILLE
On this day the 11th day of May, 1998 upon motion made by
J~_idge Denson, seconded by Commissioner Baldwin, the Court
unanimously approved by a vote of 5-0-0, to authorize Glenn
Holekamp to proceed with animal control dialogue to attempt to
reach an agreement with the City of Kerrville.
2.11 Consider and discuss resignation of Victoria Roberts as
Head Librarian at the Butts-Holdswor•th Memorial Library.
(Commissioner Pct#1)
Victoria Roberts is resigning as Head Librarian at the Butt-
Holdswor•th Memorial Libr•ar•y effective May 22, 1998.
COMMISSIONERS' COURT RECESSED AT 10:10 AM
COMMISSIONERS' COURT RECONVENED AT 1~D:25 AM
2.14 Consider and discuss Adoption of new Subdivision Rules
and Regulations. (Commissioner Pct.#3)
ORDER N0. 2~~14
M APPROVAL TO ACCEPT THE NEW N.ERR COUNTY
/,°,~~(' SUBDIVISION RULES AND REGULATIONS AS AMENDED TODRY
Dn this day the 11th day of May, 1998 upon motion made by
' Commissioner Let z, seconded by Commissioner Baldwin, the Court
unanimously approved by a vote of 4-0-0, to accept the New
N,er•r• County S~_ibdivision R~_iles and Regulations as amended
today and charge a fee of X5.00 far a copy.

RAGE E,40