Association By-Laws

  • Article I - Name

    The name of this organization shall be the Walnut Place Neighborhood Association, a non-profit organization, hereinafter referred to as the Association.

  • Article II - Purpose

    The purpose of the Association is to seek to improve the quality of life in the neighborhood in matters such as land use, environmental protection, public services and other matters of neighborhood concern.

  • Article III - Objective

    1. Represent and advance the interests of residents in the neighborhood.

    2. Keep all residents informed of issues vital to the neighborhood by appropriate communications and meetings.

    3. Work toward development of general land use management and flood control.

  • Article IV - Membership

    Section 1 - Eligibility

    Membership in the Association shall be open to all residents within the following boundaries: commencing at the intersection of Big Walnut Creek and U.S. Hwy 290 East, thence north along Big Walnut Creek, encompassing residents on east and west sides of Springdale Road, but excluding Chimney Hill and Colonial Place, to Sprinkle Road, thence along Sprinkle Road to the intersection of Sprinkle Road and Ferguson Lane to include areas adjacent to Ferguson Lane, thence along Ferguson Lane to the intersection of Ferguson Lane and Sansom Road, to include areas adjacent to Sansom Road, thence to the intersection of Sansom Road and Springdale Road, to include both sides of Sansom Road and Bosque Lane, thence south along Springdale Road to U.S. Hwy 290 East, to point of origin at the intersection of Big Walnut Creek and U.S. HWY. 290 East.

    Association membership shall be on the basis of the household as a unit upon payment of annual dues.

  • Article IV - Membership

    Section 2 - Dues

    Dues in the amount of $30.00 per household shall be payable once each fiscal year. (April 1 through March 31). Association membership shall be granted upon payment of annual dues.

  • Article V - Voting

    Section 1

    Members of the Association present at any meeting shall be entitled to one vote per household on each matter submitted to a vote of the membership.

    Section 2

    A quorum shall be necessary for the transaction of Association business. In no event, however, shall a quorum be constituted with less than five percent of the member-households represented.

    Section 3

    An affirmative vote of more than fifty (50) percent of the member-households in attendance at any meeting shall be binding on the Association.

    Section 4

    The privilege of holding office, introducing motions, floor debate, and voting shall be limited to members of the Association.

  • Article VI - Officers

    Section 1

    The officers of the Association shall be elected from the active membership and shall consist of a President, Secretary, Treasurer, and six Executive members-at-large. These officers shall comprise the Executive Committee. These officers shall comprise the Board of Directors.

    Section 2

    Officers shall be nominated and elected for two year terms or until replaced by vote of the Association membership.

    Section 3

    Nomination of officers may be made from the floor at the annual meeting of the Association.

  • Article VI - Officers

    Section 4

    The President, or their designee, shall preside at all meetings of the Board of Directors. In the absence of the Treasurer, the President will sign all checks drawn on the account of the Association.

    Section 5

    The Association President or the Secretary shall be responsible for establishing and maintaining an Association mailing address to receive all correspondence pertaining to Association business and for disseminating copies of correspondence to members of the Executive Committee.

  • Article VI - Officers

    Section 6

    When necessary, vacant offices may be filled at any meeting of the Board of Directors for the unexpired portion of the term or as directed in the Roberts Rules of Order, Newly Revised.

    Section 7

    Elected officers must give two weeks written notice before a resignation can become effective.

    Section 8

    Board of Directors members absent from three or more scheduled meetings within a year may be removed and replaced by majority vote of the Board of Directors.

  • Article VII - Meetings and Organization

    Section 1

    In addition to the annual meeting, the Board of Directors may schedule additional meetings as necessary.

    Section 2

    The Board of Directors shall hold meetings as called by the President.

    Section 3

    The fiscal year of the Association shall run from April 1 to March 31.

    Section 4

    In such circumstances that have been deemed an emergency by two-thirds of the Board of Directors, temporary suspension of the Bylaws may be enacted to conduct necessary business of the Association. In order to revisit the above language, the Board of Directors will suspend the Bylaws to create an on-line forum. This forum will be limited to a specific time period, as established by the Board of Directors.

  • Article VIII - Committees

    The Board of Directors shall transact necessary business as may be referred to it by the Association, and shall appoint all committees and approve the work of such committees.

  • Article IX - Parliamentary Authority

    When not inconsistent with these bylaws, Robert’s Rules of Order, Newly Revised shall be the parliamentary authority for all matters of procedure. These rules may be suspended at any meeting by a majority vote.

  • Article X - Prohibitions

    Section 1

    The Association shall not endorse any candidate for political office nor shall discussions extend to matters outside the purpose of the Association as set out in Article II.

    Section 2

    The identity of Association members shall be confidential and may not be released by the Association without permission of the members concerned unless legally required.

  • Article XI - Amendment of Bylaws

    These bylaws may be amended at called meeting of the Association by a two-thirds vote of the member-households constituting a quorum provided that the amendment(s) has been submitted in writing to the membership at least two (2) weeks prior to the meeting. New Bylaws will become effective upon approval.

  • Article XII - Dissolution

    Upon dissolution of the Walnut Place Neighborhood Association no member shall have any right to, nor shall they receive, any assets of the Association. The assets of the Association are permanently dedicated to the tax exempt purpose. In the event of dissolution, the Association’s assets, after payment of debts, will be distributed to an organization which is tax exempt under the provisions of Section 501 (c) (3) of the Internal Revenue Code as approved by the Board of Directors.

Deed Restrictions

Walnut Place Subdivision Deed Restrictions by Section

 

  • 1. All of said property shall be used for residence purposes only.

    2. No part of any said property shall ever be used for a business or commercial purpose or for carrying on any trade or profession.

    3. No trailer, basement, tent, shack, garage, barn or other out-building, except permanent servants' quarters, erected on any part of said property shall at any time be used as a residence, either temporarily or permanently, nor shall any structure of a temporary character ever be used as a residence.

    4. No residence erected or placed on any of said property shall have a ground floor area of less than 1,000 square feet, excluding porches, garages, car-ports, and store rooms and closets other than those in the livable portion of the house.

    5. No building shall be erected or placed on any of said lots, nor shall any existing structure be altered, until the building plan and specifications and a plot plan have been submitted to and approved in writing by Carl A. Feuerbacher or Veatrice Feuerbacher, or a representative by them designated in writing, or, it the event of the death or incapacity of the said Carl A. Feuerbacher or Veatrice Feuerbacher, then by their personal representative or a representative designated in writing by such personal representative. If said building plans and specifications and said plot plan be not approved or disapproved within 30 days or if no injunctions suit shall have been commenced prior to the completion of the work, then proper approval of the building plans and specification and of the plot plan shall be conclusively presumed to have been had and obtained.

    6. Each residence erected on any of the above described property shall be set back at least 25 feet from the front property line, shall not be nearer than 12 feet to any side street line, and shall not be nearer than 10 feet to any inside property line provided also that there shall be not less than a total of 25 feet when the clearance on both sides are added; and there shall be a difference of at least 4 feet in the front setback lines between all adjoining residences.

    7. Not more than one dwelling house, which shall be a single family dwelling unit, with necessary servants' quarters and garages, shall be erected, placed, or permitted to remain on any building plot. All garages or car-ports shall be attached to main dwelling. Any out-buildings are to be at the back of building plot and at least 3 feet from back property line and at least 10 feet from side property line, and not nearer than 12 feet to side street. All out-buildings shall be of the same type constructions as the main dwelling except that there need not be any masonry, and the inside need not be finished.

    8. For the purpose of these restrictions, a "building plot" shall consist of a lot as shown on plat or parts of lots having a contiguous frontage of not less than 100 feet on a street, except lots facing dead end circles. No lot shall be resubdivided so as to admit an additional dwelling facing on a side street, or for any other purpose.

    9. The dwelling shall be recognized standard construction with a minimum of 10 percent (10%) net exterior wall surface composed of masonry materials.

    10. Easements are reserved as indicated on plat for public utility installation and maintenance.

    11. No building shall front on Springdale Road.

    12. These covenants, conditions, and restrictions shall be binding on the undersigned and on all persons claiming under him until January 1, 1975, and thereafter for successive periods of 10 years, unless by a majority vote of the then owners of the above described property said covenants, conditions and restrictions are revoked or amended.

    13. The foregoing covenants, conditions, and restrictions shall be deemed to be covenants running with the land, and by the acceptance of a deed to any part of the above described property each grantee shall thereby bind himself, his heirs, assigns, and legal representatives, faithfully to keep and observe each of the same.

    14. In the event any person shall violate, or attempt to violate, or fail to perform or observe any of the foregoing covenants, conditions, and restrictions, then any person owning any part of the above described property shall be authorized to enjoin such violation, or proposed violation or to recover damages for such violation and to that end, to institute and prosecute appropriate proceedings either in law or in equity; and the undersigned, their heirs, assigns, or legal representatives, may also institute and prosecute any such proceedings, without being obligated to do so.

    15. If any of the foregoing covenants, conditions, and restrictions shall be invalidated by any judgment or other court order, the remaining covenants, conditions, and restrictions shall not be affected thereby, and they shall remain in full force and effect.

    SECTION 1 Owner: Carl A. or Veatrice Feuerbacher Recorded Sept 24, 1957

    SECTION 2 Owner: Carl A. or Veatrice Feuerbacher March 26, 1963

  • 1. All of said property shall be used for residence purposes only.

    2. No part of any said property shall ever be used for a business or commercial purpose or for carrying on any trade or profession.

    3. No trailer, basement, tent, shack, garage, barn or other out-building, except permanent servants' quarters, erected on any part of said property shall at any time be used as a residence, either temporarily or permanently, nor shall any structure of a temporary character ever be used as a residence.

    4. No residence erected or placed on any of said property shall have a ground floor area of less than 1,200 square feet, excluding porches, garages, car-ports, and store rooms and closets other than those in the livable portion of the house.

    5. No building shall be erected or placed on any of said lots, nor shall any existing structure be altered, until the building plan and specifications and a plot plan have been submitted to and approved in writing by Carl A. Feuerbacher or Veatrice Feuerbacher, or a representative by them designated in writing, or, in the event of the death or incapacity of the said Carl A. Feuerbacher or Veatrice Feuerbacher, then by their personal representative or a representative designated in writing by such personal representative. If said building plans and specifications and said plot plan be not approved or disapproved within 30 days or if no injunctions suit shall have been commenced prior to the completion of the work, then proper approval of the building plans and specification and of the plot plan shall be conclusively presumed to have been had and obtained.

    6. Each residence erected on any of the above described property shall be set back at least 25 feet from the front property line, shall not be nearer than 12 feet to any side street line, and shall not be nearer than 10 feet to any inside property line provided also that there shall be not less than a total of 25 feet when the clearance on both sides are added; and there shall be a difference of at least 4 feet in the front setback lines between all adjoining residences.

    7. Not more than one dwelling house, which shall be a single family dwelling unit, with necessary servants' quarters and garages, shall be erected, placed, or permitted to remain on any building plot. All garages or car-ports shall be attached to main dwelling. Any out-buildings are to be at the back of building plot and at least 3 feet from back property line and at least 10 feet from side property line, and not nearer than 12 feet to side street. All out-buildings shall be of the same type constructions as the main dwelling except that there need not be any masonry, and the inside need not be finished.

    8. For the purpose of these restrictions, a "building plot" shall consist of a lot as shown on plat or parts of lots having a contiguous frontage of not less than 100 feet on a street, except lots facing dead end circles. No lot shall be resubdivided so as to admit an additional dwelling facing on a side street, or for any other purpose.

    9. The dwelling shall be recognized standard construction with a minimum of 10 percent (10%) net exterior wall surface composed of masonry materials.

    10. Easements are reserved as indicated on plat for public utility installation and maintenance.

    11. No building shall front on Springdale Road.

    12. These covenants, conditions, and restrictions shall be binding on the undersigned and on all persons claiming under him until January 1, 1980, and thereafter for successive periods of 10 years, unless by a majority vote of the then owners of the above described property said covenants, conditions and restrictions are revoked or amended.

    13. The foregoing covenants, conditions, and restrictions shall be deemed to be covenants running with the land, and by the acceptance of a deed to any part of the above described property each grantee shall thereby bind himself, his heirs, assigns, and legal representatives, faithfully to keep and observe each of the same.

    14. In the event any person shall violate, or attempt to violate, or fail to perform or observe any of the foregoing covenants, conditions, and restrictions, then any person owning any part of the above described property shall be authorized to enjoin such violation, or proposed violation or to recover damages for such violation and to that end, to institute and prosecute appropriate proceedings either in law or in equity; and the undersigned, their heirs, assigns, or legal representatives, may also institute and prosecute any such proceedings, without being obligated to do so.

    15. If any of the foregoing covenants, conditions, and restrictions shall be invalidated by any judgment or other court order, the remaining covenants, conditions, and restrictions shall not be affected thereby, and they shall remain in full force and effect.

    Owner: Carl A. or Veatrice Feuerbacher March 26, 1963

  • 1. DESIGNATION OF USE: All lots as shown on the plat of said subdivision shall be used for single family residential purposes with not more than one residence on any lot. No trade, profession, business or commercial purpose of any kind shall be carried on, within or on any of said lots, nor shall anything be done thereon which may create or become any annoyance or a nuisance to the neighborhood, nor shall storage tanks containing inflammable fluids or gases be maintained above the surface of the ground.

    2. RETENTION OF EASEMENTS: Easements are reserved as indicated on the recorded plat for drainage easements and utility installation and maintenance. No overhead lines for public or private use shall be permitted in this subdivision.

    3. TEMPORARY STRUCTURES AND GARAGE APARTMENTS: No tent, shack, mobile home, house trailer, garage apartment or other outbuilding shall be placed, erected or permitted to remain or ["on"?] any of said lots nor shall any structure of any temporary character by used at any time as a residence thereon.

    4. SIZE AND CONSTRUCTION OF DWELLINGS, SEPARATE GARAGES AND GUEST HOUSES: All dwellings shall be of recognized standard construction with outer walls composed of at least seventy-five per cent (75%) masonry by area in the event that the dwelling is more than one story only the first story shall be required to be at least 75% masonry, except as provided below. The dwelling, if one-story shall not contain less than fourteen hundred (1,400) square feet in the house proper, exclusive of garage and porches; if the dwelling is one and one-half stories, not less than one thousand two hundred (1,200) square feet of ground floor area must be in the house proper, exclusive of garage and porches; if the dwelling is two full stories, not less than one thousand (1,000) squre feet of ground floor area must be in the house proper, exclusive of garage and porches. Each house must have at least a two car garage unless approval is obtained as outlined in paragraph 6. A separate garage building, servants quarters of one story, or a one-story guest house not to exceed six hundred (600) square feet of floor area will be permitted provided that such structure or structures be attached to the main walls of the dwelling by the same construction and percentage of area of masonry as the main dwelling; provided that the main dwelling be substantially completed prior to erection of such structure or that they be built simultaneously and provided further that all other restrictions, covenants, conditions and uses herein are complied with. Ornamental structures, fences, hedges and walls shall not be permitted to extend forward of the front wall line of the respective dwelling unless approved in writing by the developer or in the alternative by the architectural committee referred to under Paragraph No. 6.

    5. SET-BACK: FRONT LINE AND REAR LINE: SIDEWALKS: No structure shall be located or erected on any lot nearer to the front plot line than as indicated by the "building line" shown on the recorded plat of said subdivision, nor nearer than five (5) feet to any side plot line except that the total combined set- back from both sides shall in no event be less than fifteen (15) feet nor nearer than twenty (20) feet to the rear plot line unless first approved by the architectural committee. Within one year from date of purchase of upon completion of the dwelling it shall be the sole responsibility of each lot owner to construct a sidewalk upon his lot beginning 36" from the edge of the curb. The sidewalk shall be 42" wide. Said sidewalks shall comply with the code ofh the City of Austin, 1967, according to Sections 31- 23, A-S, regulating the construction and design of sidewalks in the City of Austin. No radio or television or guy wires shall be maintained on any portion of any lot forward of the front wall line of the respective dwelling.

    6. ARCHITECTURAL CONTROL: For the purpose of insuring the development of the subdivision as a residential area of high standards, the developer or in the alternative an architectural committee, composed of John T. Jones, Jr., and Charles R. Wayson, reserves the right to regulate and control the dwellings or structures or other improvements placed on each lot. No dwelling, wall fence or other structure shall be placed upon such lot until the plan therefor and the plot plan have been approved in writing by the developer or the architectural committee or by an appointee of the architectural committee. Refusal or approval of the plans and specification by the developer or by the architectural committee may be based on any grounds including purely aesthetic grounds which in the sole and uncontrolled discretion of the developer or architectural comittee shall seem sufficient. No alterations in the exterior appearance of any dwelling or structure shall be made without like approval. No dwelling or other structure shall remain unfinished for more that one (1) year after the same has been commenced.

    7. ANIMALS: No animals, livestock or poultry shall be raised, bred or kept on any lot except that cats, dogs, or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose.

    8. CLEANLINESS: No trash, ashes or other refuse may be thrown or dumped on any vacant lot, park or drainage area in said subdivision.

    9. GENERAL PROVISIONS: These provisions are hereby declared to be restrictions, conditions, covenants and uses running with the land and shall be fully binding on all persons acquiring property in Walnut Place Section 4 whether by descent, devise, purchase or otherwise and every person by the acceptance of title to any lot in this subdivision shall thereby agree to abide by and fully perform the foregoing restrictions, conditions, covenants and uses which shall be binding until September 15, 1990. On and after September 15, 1990, said restrictions, conditions, covenants and uses which shall be automatically extended for successive periods of ten (10) years unless changed in whole or in part by a vote of three-fourths (3/4) majority of the then owners of the lots in Walnut Place Section 4, each lot or plot to admit of one (1) vote.

    10. PENALTY PROVISIONS: if any person or persons shall violate or attempt to violate any of the above restrictions, conditions, covenants and uses, it shall be lawful for any person or persons owning any of the lots in Walnut Place Section 4 to prosecute proceedings in law or in equity against the person or persons violating or attempting such violation to prevent him or them from so doing, or to recover damages for such violation. No act or omission on the part of any of the beneficiaries of the covenants, conditions, restrictions and uses herein contained shall ever operate as a waiver of the operation of or the endorsement of any such covenants, conditions, restrictions and uses.

    INVALIDATION of any one or part of these conditions, restrictions, covenants and uses by judgment or Court Order shall in no wise affect any of the others which shall remain in full force and effect.

    Owner: the Vara Corporation Filed Sept. 29, 1970

  • Building in this subdivision shall be restricted to single family dwellings only.

    Each house constructed in this subdivision shall be connected to a septic tank with a capacity of not less than 750 gallons and with a drain field of not less than 150 feet and shall be installed in accordance with the regulations of the County Health Officer and shall be inspected and approved by such officer. This restriction is enforceable by the Travis County Health Unit and/or the subdivider.

  • I. No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single family dwelling. This prohibits the building of a duplex on any lot.

    II. The total floor area of the main structure or dwelling, exclusive of one-story open porches and garages, built on any lot in Walnut Place, Section Six, shall contain no less than 1,650.00 square feet.

    III. Seventy-five per cent (75%) of the area of the exterior walls of each dwelling erected on any above cited lots shall be masonry construction. No carports will be permitted. Each garage shall have no less than three enclosed sides.

    IV. No building shall be located nearer than five feet to an interior lot line. No building shall be located on any interior lot nearer than 15 feet to the rear lot line.

    V. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the Recorded Plat.

    VI. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.

    VII. No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.

    VIII. No oil drilling, oil development operations, oil refining, quarrying, or mining operations, of any kind, shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mining excavations, or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted upon any lot.

    IX. No part of any of said property shall ever be used for a business or commercial purpose or for carrying on any trade or profession.

    X. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred, or maintained for a commercial purpose.

    XI. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.

    XII. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be placed on any lot at any time as a residence either temporarily or permanently.

    XIII. No lot may be resubdivided.

    XIV. No fence, wall, hedge or shrub planting which obstructs sightlines at elevations between 2 and 6 feet above the roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sightline limitations shall apply on any lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sightline.

    XV. No fence, wall, or hedge shall be built or maintained forward of the front wall line of any house erected on any lot, except for trellises, and decorative fences included in the architectural design of the house, and these shall be no more than 15 feet from the front house wall line.

    XVI. No existing dwellings shall be moved onto any above cited lot in this subdivision.

    XVII. These restrictions, covenants and easements are hereby declared to be covenants, easements and restrictions running with the land and shall be binding upon all persons acquiring title to property in this subdivision, whether by descent, devise, purchase, or in any manner whatsoever, and any person or persons in accepting title to any lot or plot in this subdivision shall thereby agree and covenant to abide by and fully perform the restrictions and covenants herein set out.

    XVIII. If any person or persons shall violate any of the restrictions and covenants herein, it shall be in order for any other person or persons owning real property in this subdivision to prosecute any proceedings at law or in equity against the persons or persons violating or attempting to violate any restriction, easement or covenant stated herein and either prevent him or them from doing so or to require him or them to correct such violation, or to recover damages or other dues for such violating.

    XIX. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.

    XX. Invalidation of any of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.

    Owner: Dennis M. Bethke Filed July 28, 1975

 

Map of Sections