Hudspeth County Herald and Dell Valley Review (Dell City, Tex.), Vol. 52, No. 17, Ed. 1 Friday, January 25, 2008 Page: 2 of 12
This newspaper is part of the collection entitled: Hudspeth County Area Newspaper Collection and was provided to The Portal to Texas History by the UNT Libraries.
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4.
Donna Morrell was named Citizen of the Year.
5.
More Vandalism, this time at City Hall
2.
6.
3.
4.
2.
The:
expa
NOTE: The laws governing roads are very complex. The purpose
of this article is to give you a general picture of Hudspeth County’s
current, Texas Legislature driven, up-dating of its list of county
roads. This article is not meant to be legally authoritative. Its author
is not a lawyer. If you need more detail information your options
include looking at chapter 258 of the Texas Transportation Code,
telephoning your county commissioner, or seeing a lawyer. The
Texas Transportation Code is available thru the computer internet
which also has access to the University of Texas Law Library.
PUBLIC MEETING ON IDENTIFYING
COUNTY ROADS-COMPLICATIONS
APLENTY
years, after 1981,
becomes a county
road. The county may
own the road, have a
public right of way
easement, etc. The
etc. means there are
many strange twists,
inconsistencies and
outright contradictions
in the laws governing
roads. If you have a
right of way issue that’s
important to you, you
probably need a lawyer.
Prior to 1981, if a road
was used by the public
for more than 10 years,
than the county could
claim a legal easement.
That law is no longer
valid.
To claim county interest
in a road, or close
the road, the county
should use a jury of
viewers. They are
5 people appointed
by the county, and
their decisions are
binding on the county
commissioners. If the
county adds or deletes a
“county road” without
using a jury of viewers,
the county’s action
MAY not be valid.
The County may stop
maintaining a road, but
depending upon the
circumstances, may
still own it or a right of
way for the public.
Alan
in-la
Texa
whec
them
Colo
Dell Valley Chamber of Commerce
By Susan Gatzke
The new law required the Public Meeting Notice be
published, for 4 straight weeks, in a newspaper circulated
thru-out the county, and that the county customarily
places public notices in. The meeting was announced in
the newspaper, but not for 4 consecutive weeks before the
meeting . Accordingly, another meeting was scheduled
for March 14, 2008. That also delays the cut off date for
protesting the list of county roads, until the end of the
meeting on March 14th
The list of county roads distributed with our tax bills, names
many roads that are not on the maps and perhaps many that
no longer exist. A rancher stated the list of roads names
a canyon that’s on his ranch, but that there’s no road in
the canyon. Many other people also pointed out apparent
discrepancies in the list and many omissions in the maps.
To protest a road the county claims an interest in, fill in the
form “PROTEST OF ROAD DEPICTED ON COUNTY
ROAD MAP.” The emphasis is to delete roads now seldom
used. However, attempting to add or deleting a road is
started by filling in the form available in the county judge’s
office and submitting a copy of the filled in form to the
judge’s secretary. The “burden of proof’ may be on you,
especially if you’re trying to add a road. Accordingly put
your justification on the form. If it’s important you may
need to see a lawyer. For a new sub-division, the county’s
approving the platt (map) does not mean the county accepts
responsibility for maintaining the roads.
Of the people that spoke, most were either ranchers that
want roads across their ranch discontinued, or people lacking
access to land they own.
5. Illegal subdivisions are again a problem. Some sub-dividers
put in roads and road signs, sold some lots, and then sold
out to a different developer. The next developer often
changed the lay-out of roads which later causes much
confusion. It’s become apparent why some people who
come out here to look at their land, need 4 days to find it.
The county’s lawyer for this project, Mr. Robert “Bob” Bass, of the
Austin law firm Allison, Bass & Associates started the meeting with
a brief history of the development of our roads and laws governing
them. His major points were:
1. The United States Constitution requires public officials
spend public funds in a prudent way. The usage of a road
must justify the county funds spent on it.
Just because a section of land does not have a road to it,
does not mean the county has to provide a road to it.
3. The current, state legislature driven shake-up in the laws
determining which roads are public, was preceded by a
similar shake-up in 1981. One important law from 1981
is that any road that has been graded yearly for 15 straight
The1
Vaqu
Upcoming Chamber events include Bingo on Sunday, Februiset
10th at 3 PM at the Spanish Angel Cafe and the monthly mefacdo
ing on Thursday, February 14th at 5 PM also at the Span
Angel Cafe. Genf
'days
Rube
his d
The 5th grade class put on a play during dinner about the tMan.
ginnings of Dell City. They also had a contest to design a co\
picture for the program. Donte Sunne was the winning artislCour
Sienna Archunde, as Chile Princess, helped to pick out the wand C
ning door prize tickets. The ]
John Lujan, Superintendent of Guadalupe National Park, G^r
don Dees, from the Hudspeth County Landfill, and Roxansi
Campbell, from the Sierra Blanca Clinic were the guest speand T
ers.
the c
Mayor Guillen asks. “Where are the parents?”
That thought is echoed by many in the community while the vat
dalism continues. Parents have a responsibility to teach their childf'
right from wrong.
It is reported that a road sign was removed from a road also the
same weekend. Are these items hanging on some bedroom wall? &
Look around parents and find out what your young people are doin-®^ C
Remember there is a curfew for both Dell City and the County I appi
is time to start strictly enforcing it. won
This is one of the few places where people feel free to leave the®
doors unlocked but it looks like that is changing. Nearly a year ag°
there was a fire of suspicious origin. I fear that someone will be
severely injured before this vandalism stops. The general public
a responsibility. We must be more observant and report suspicious
activities.
The Dell Valley Chamber of Commerce had their annual dinn T"’
on Saturday, January 12th at the Community Building. Dinn I
was prepared and served by the junior class and their spore
Della Tavarez.
Deciding which county roads should be closed is difficult.
Accordingly, the Texas Legislature has adopted/invoked a method to
update a county’s list of roads. Complying with that law, Hudspeth
County included in its tax bills, the current list of county roads. The
public meeting mandated by the legislature, to discuss up-dating the
list of roads convened Tuesday of last week, with standing room
only. Problems quickly developed:
1.
PAGE 2 HUDSPETH COUNTY HERALD - DELL VALLEY REVIEW JANUARY 25,2008
County Government
By
Bill Morrell
This post is the only designation for the Dell City City Hall. Ovi
the past weekend, someone removed the sign that has been in place
for a number of years. jt .
It is sad to report, two weeks in a row, about vandalism in our whoj
town. But it has happened again.,
Mayor Marcy Guillen states that Councilman Ralph Sanchez w—
try to meet with County Sheriff Arvin West in an attempt to obtain
more of a police presence in town. In a service agreement betweei
Hudspeth County (Hudspeth County Commissioner’s Court) and
City of Dell City, it states:
“County’s Responsibilities:
1. The County will grade existing dirt streets (County and
City) Del]
2. The County will pay for street lights in Dell City (excltfgoa
ingairport) low
3. The County will license and maintain landfill or transfer
station caP‘
4. The County will load and dispose of municipal solid
waster (household trash)
5. The County will provide necessary law enforcement
for Dell City to enforce State Laws and City Ordinance that an
enforceable through a Justice of the Peace Court”
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Morrell, Donna. Hudspeth County Herald and Dell Valley Review (Dell City, Tex.), Vol. 52, No. 17, Ed. 1 Friday, January 25, 2008, newspaper, January 25, 2008; (https://texashistory.unt.edu/ark:/67531/metapth1190143/m1/2/?q=%22%22~1: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; .