IMPERIAL VALLEY NEIGHBORHOOD ASSOCIATION (IVNA)

Map [ftp://ftp.ci.austin.tx.us/GIS-Data/Regional/community_registry/maps/community_registry_map_1195.pdf]

Tex Nonprofit Charter 400688401 Founded 5-31-77, Uphold Property Title Covenant Restrictions IRS 74-2935680 Surveyed June 1970

East Travis County Development Plan see  http://dialoguemakers.org/ivnadevelopmentplan2.html

512.828.9778, imperailvalleyna@gmail.com, Box 1156, Austin TX 78617 c/o Austin TX 78724-5840

April 5, 2013/update


C8J-2013-0011, Planner I Elsa Garza 974-2308, elsa.garza@austintexas.gov joe.arriaga@ co.travis.tx.us

Bury & Partners, Inc (Bryant Bell) 221 W 6th St #600 ATx 78701 case manager don.grigsby@ co.travis.tx.us


RE: 100,000s not Engaged/Sunshine Homeless RV Commercial-Retail Park 9301 Hog Eye 78724 Split in 12 lots. Approving the project will breach the CC&Rs of 5 SubDivisions


Since 11-22-2010, we plead1 do NOT breach Property Title Covenant Restrictions/CC&Rs2. Forcing non-white dwellers to move is hostile; such administrative oppression sets a bad precedence amid this NA's 2035 multi-billion dollar infrastructure 750,000 newcomers drive3. Per NA's USDOJ CTS# 361475 and USHUD 323165 complaints4 the NA calls for the CoA Council/Staff & TCCC/Staff to halt oppressive forces/pushing homeless with no jobs, buses, parlors, grocers, libraries, medical clinics or support system. It defies logic & ethics to put homeless from West, North, Central, South & East Austin in the east-most ETJ. Here JD Equity RVs threatens springs feeding Elm Creek5. Of 5 SubDivisions, zero are prepared to support CoA homeless. Substandard developments hurt property values, cuts credit ratings and hurts families. Such blight is heavy after 45 years for peace loving dwellers, developers, FM969 Woodland Hills,6 Austin Hindu Temple, Gurdwara Sahib Shik Temple, Churches, Indian Hills, Limon-Hidrogo Addition. Unequal heavy pressure on PID and PUD fund raisings for developing land between BlueBluff Rd & Imperial Drive. It harms businesses, even Austin Colony, Kennedy Estates, and El Chaparal Crossing. Land owners in East Travis County object to Alan Graham's Mobile Loaves & Fishes homeless camp7 intrusion and demand full access to Elm Creek and a sustainable homeless program at another site, not one that is profited from. The City of Austin arrested 82 volunteers at City Hall amid efforts to develop a congenial alternative. This mentality breaches architectural control covenants/CC&Rs of five close by SubDivisions that prohibit trailers. The County and Austin's City engagement officials injure dwellers as SP-2012-0149D fails to engage 99 percent of County/City parcel owners. Bias against non-white skinned humans and unequal placement of homeless on IVNA turf is unconscionable; this bias against the homeless and local dwellers are called out. USDC Judge Lee Yeakel held "CoA wrongfully denied OATx volunteers free speech rights, feeding homeless and aiding City Hall support thereto five months." This NA holds County and CoA failure to provide sewers, street lights thus condemning Imperial Valley Section II and I owners possessing homes from 1969-2013 (while subdivisions deep within Trvs County were given them as early as 1970-93 led to "disparaged owners who got trampled and comparatively lower valuations;" and now face alienation as Ronald Lee Boatright Jr and Paul F. Grenard sold a holding and JP Equity LP gains CoA services for Commercial retail/$500 per habitation monthly8, which Alan Graham is intent on receiving Non-profit exempt status there on, aka, a restatement for charging fees. But "Texas courts have looked to the Restatement to determine issues regarding alleged restraints on alienation." Navasota Res., L.P. v. First Source Tex., Inc., 249 S.W.3d 526, 537 (Tex. App.--Waco 2008, pet. denied); see Sonny Arnold, Inc. v. Sentry Sav. Ass'n, 633 S.W.2d 811, 813-15 (Tex. 1982). As explained in the Restatement, "[a]n otherwise valid servitude is valid even if it indirectly restrains alienation . . . by reducing the amount realizable by the owner on sale or other transfer of the property, or by otherwise reducing the value of the property." Restatement of Prop.: Servitudes § 3.5 (2010). This NA charges all CoA & County council persons, commissioners, officers, board members, planners, case managers, engineers, contractors, etc., obligated by law9 to respect the engagement rights of all subdivision parcel holders as well as proximite individual parcel holders, in particular (in this NA's turf / see Community Map 1195), not to commit felonies by direct or indirect failure to sit with and advise via mouth to ear disclosures and accompanying discussions. We hold Zoning & Platting Commission 2-19-13 hearing chaired by Betty Baker failed to give JD Equity authority to clear cut or commence construction on this property. The NA asks those actions to be red tagged. See TCEQ, TMVD and TNR code enforcement staff studies are incomplete and CoA staff recommended disapproval.


Rights? Owners/dwellers suddenly are surrounded by guys staring them down. A 92-year old black female was goaded to sell four lots. Guard dogs/pets shot dead; others trapped and carried to a pound. A mailed court notice was stolen, crippling a victim's preparation. A mail box post was removed. Land survey stakes removed. Man with dread locks knocked to ground with 5.5 foot bamboo stick. TC TNR & CoA approval in reference to this 25.9 acre tract will return tax revenue to zero dollars for centuries. It blocks dweller access to the Creek. Clear cutting here repeats the NA's 2006-2013 USDOJ Map 1195 claim esp. along 9 miles of the Colorado River. Reducing appraised taxable values on record for 14 Chautauqua Foundation lots from $28k to $280 or $388,080. And, the equaled out base of $28k/lot for the other lots, i.e., 32 – 14, some set at $3k, 5.6k, 17k, 21k and 2 @ 28k reduces the actual appraised base value removed from the taxables by +/- $313,600. It means the County Auditor and County Tax Assessor Collector must increase tax on properties like Cole Lane Jr., who committed suicide in protest of being asked to pay taxes on a $28k lot and his yet uninhabited partially-constructed 5501 Larch Brook 78724 location, given a total taxable value of $197k. Most definitely [as per Texas PE Code 39.03 (b) and Texas PE Code 38.01 Texas Code of Criminal Procedures, Art. 38.01, Sec. 3(a)(1)(A)], illicit 2007 ugly dealing by Chautauqua implicates the LCRA under Art 16, Section 59 of the Texas Constitution. It's an accomplice in affiliation in a felonious collaboration with elective officials making oppressive decisions. The TCCC unconstitutionally locked out of SubDivision lot owners who'd donated their lots to develop Imperial Park – an initiative of local owners, not outsiders. Then Chautauqua without engaging 3 percent of 460 owners, combined with the TCCC and staffers ignored a Voter approved Bond issue designed to stop flooding and overcome the condemnation owners faced from 1978-2007. Contrary to Sec. 39.03, Official Oppression,10 harmful acts brought overwhelming outcomes hurting individuals and families, causing life-changing losses, financial foreclosurers, depressed land valuations, blight, hospital/health care costs not paid, condoning corrupt practices and leading to a loss of tax revenue (per in large part oppressive Commissioner decisions. Other owners were goaded to leave or give up their places. And in 2013 lot owner D Blaylark was told, “you may not “travel” over streets leading to 2 lots her family owns below 4400 Kings Crt/Imperial.” Flint's book Wrestling with Moses describes the epic Jane Jacob fight to save New York City and we follow her torch.


Due to the immensely biased practices by the CoA and Travis County, this NA demands 100 percent engagement and strict adherence to Davis v. Huey, 620 S.W.2d 561, 567 (Tex. 1981), which permts all lot owners and dwellers, what may be expected in a residential area infiltraded by homeless people having no access to buses, jobs, realistic chances of being entrepreneurs, libaries, groceries, pubs, parlors, ATMs, a CoA backed source of volunteer support as well as Davis guarantees so that “restrictive covenants will be enforceable, the grantee (Ronald Lee Boatright Jr and Paul F. Grenard) must have had notice, either actual or constructive, of the restriction when the property was purchased.” Whereas Alan Graham is the program operator, Boatright &Grenard names were on the 9301 Hog Eye property deed. When CC&Rs are breached, it demeans all. We oppose sub standard developments and band together to turn the tables on administrative oppression. We invoke Texas Penal Code 39.03 (a)(2). It falls on our side. We call for action from all who bear the losses. “East Austin has long been economically and racially segregated from the rest of the city. In 1928, the city of Austin institutionalized segregation through a master plan. This plan forced minority residents to move to East Austin using such measures as cutting off utilities to blacks living in Freedmen settlements at the city’s periphery and in other parts of the city, as well as moving their churches to East Austin and its neighboring communities. City leaders also pushed the relatively few Mexican immigrants out of downtown by relocating their churches and building Santa Rita Courts, the nation’s first federally funded housing project, in East Austin. Civic Engagement: Residents and business owners in East Austin reported that it is hard for them to get their voices heard by city government. Language, education, and trust can all be factors11.” Lets fight administrators/councilors who oppress dwellers and uninvited intruders as well. The NA pleas for neighbors to stay organized and be advocates for owners rights to prevail in all our sub divisions. We demand a halt to the marginalization/disenfranchisement of East Travis County dwellers.


Call for action: Give to the NA help fund care of Velocity Credit Union / Routing #3143977133 acct# 890531. Let's slow City of Austin (CoA) & Travis County Commissioners (TCCC) creation of tax loop holes for millionaires via the use of funding PID & PUD bonds on large tracts of land, a process that's simultaneously highly discriminatory. Non-white skinned and other poor dwellers end up denied benefit of  normal taxes which are co-opted by CoA & TCCC sell outs to developers who systematically zone the dirt (land valuations) at the lowest possible rate and then nudge bonds to be put on the ballot in low-voter turn out elections. If allowed, this gets bonds passed using greased lightening PR blitzes. And away goes a voter approved discriminatory “dwellers pick up the tab scam.” It's felonious. Ouch.


Risk faced: Besides the scams Alan Graham operations bring to your table, JD Equity Limited Partnership threats this commercial retail park is to the springs that feed Elm Creek. Being there is solely one entry to the property, this suggest the spring beds on each side will be strattled. The general lack of appreciation shown by Graham regards the watershed forces us to ask CoA and Travis County planners to at minimum review the CC&Rs of Walter E. Long Lake, Woodland Hills, Imperial Sec II & I, Austin Hindu Temple, the  Gurdwara Sahib Shik Temple, Limon-Hidrogo Addition, County Expo & East Service tracts and large tracts seeking NA development. See the East Travis County Development Plan (an incomplete document at http://dialoguemakers.org/ivnadevelopmentplan2.html).


NA has under study, efforts/forums to curb the use of oppressive schemes, which deny citizens of rights. In her book The Economy of Cities Jane Jacob the epic advocate for neighorhoods, writing regards local citizens' opposition to the “Discriminatory use of capital by New York City Planning Commissioner Robert Moses, Jane Jacobs held:

People at the bottom of a society customarily find it difficult to get capital for development work. Even if they can get it, they may not be permitted to use it. In socieites that are supposedly economically “free,” social discrimination and unequal protection of people and their rights by the law (in actual fact, as oppposed to theoretical equality of people under the law) can effectively prevent many persons from developing their work, no matter what their inherent capacities for doing so may be. ..... Whether good use, or any use, is made of such a privilege is another matter.

See, Jacobs, Jane. (1969) The Economy of Cities, A Vintage Book: New York.

Recognized as a power to contend with over 50 years Flint (2010) quotes Jane Jacobs over and over in his book Wrestling with Moses.

It would take discipline, Jacobs said. The neighbors must resist the temptation to negotiate or compromise, to accept trade-offs and scraps of concessions. It would also take a stepped up public-relations campaign, and for that Jacobs helped recruit Lewis Mumford, the architectural critic at the New Yorker whom Jacobs had befriended afater her speech criticizing modern planning techniques at Harvard.

Id. p. 80; Flint, Anthony (2009, 2011) Wrestling with Moses: How Jane Jacobs Took on New York's Master Builder and transformed the American City, Random House Trade: New York.


The picture on the next page brings to mind adamant demands made by angry neighbors who asked Mobile Loaves & Fishes to move from an East Austin location near the Montopolis River Bridge. Hundreds of drug user needles left on the ground, where, it is said, “a Brooke Elementary student walked the area and somehow got ,,, and infected with HIV virus. Medical professionals tracked her infection.” People demanded, “Move it!!! Get out of here now!!!” Is this story part of the C8J-2013-0011, C8J-2013-0011.A, and SP-2012-0149D record? If not why has it not been put there? Dwellers in this NA's 105 square mile turf have lived around the world. We know life is not all nice and sweet. At the same time, the CoA and County are obligated to prevent further conflicts, lawsuits and encouage frienly inactions.


Has the trash in the record been white washed? Why? Has it been competently sold to the City of Austin 785,000 citizens fully engaged in what is about to happen within the RV Commercial-Retail Park across the fence from fellow CoA citizens that live in $150-250 hundred thousand dollar Centex homes, which may soon be valued at far less? What will this non-sustainable addition to the NA's multi-billion dollar goal do behalf 750,000 newcomers? We feel planners should be closely aligned with conflict-free sustainable developlments. After decades of having no undisciplined blocking of roadways, and before the Travis County and City of Austin planners have completed their review of plans, a work crew placed the covered rocks obstructing anyone walking, driving or hauling valuables to the market. This blocks the road way contrary to law [TTC Ch 251.008 (1)]. In case of emergencies or emergency vehicle, the intruders announce their intent to obstruct life on Imperial N @ Hog Eye, ATX 78724. See Austin Hindu Temple in back ground.


Moreover, the manhole shown beyond the mound of covered rocks reaching over to 19 inches from Imperial Drive North, tells those who drive passed the Hog Eye Road intersection that both the Austin Hindu Temple and the operation at a 9301 is already fully tied to City of Austin sewer and super clean water supply, but not those who live in Imperial Valley Section II or Section I.


A lot is unclear here. Under Texas law, a covenant runs with the land when it: (1) touches and concerns the land; (2) relates to a thing in existence or specifically binds the parties and their assigns; (3) is intended by the original parties to run with the land; and (4) when the successor to the burden has notice. Inwood N. Homeowners' Assoc., Inc. v. Harris, 736 S.W.2d 632, 635 (Tex. 1987).


Noting the lack of good faith engagement, this NA demands that all involved be invited to multiple meetings where they are told the honest to God truth. And that they are assured that the covenant "runs with the land." All affected hereby need clarifications. We need to whether the covenant satisfies the three above requirements. Have independent legal counsel able to communicate in Spanish, Hindu and English assure all questions of fact and construction of the restrictive covenant. See Tex. Att'y Gen. Op. Nos. JC-0480 (2002) at 5 (explaining that intent involves fact. The NA cannot decide, JC-0282 (2000) at 4 (explaining that whether specific notice requirements must be met; see also Raman Chandler Props., L.C. v. Caldwell's Creek Homeowners Ass'n, 178 S.W.3d 384, 391 (Tex. App.--Fort Worth 2005, pet. denied) (construing the deed to determine whether the restrictions specifically bound the parties).


/s/ Kenneth Koym, President / imperialvalleyna@gmail.com


Community Strengthening Task Force: Delores Blaylark, Luis & Gwen Shaw, Janie Garcia, Ardel Williams, Jose y Juanita Silva, Martha Stockton, Don Miguel Pastor, Esperanza Briones, Sandra Williams, Anibal "Luis" Alvarez Family, Will Taylor, Doris Williams, Jewel Medearis, Angie Bedford, Mrs. Stevens, Eric Bookman, Luis Martinez, Pete Gonzalez, Doris Jackson, Mildred Maxwell, Sr. & Sra. Frank Reyna, Jose & Juanita Herrera, Graciela Reyna, Jesus Moreno, Luis Martinez, Samuel Tinnon, Matt Rayson, Mozell Stephen, Rafael Briones, Linda/David Richard, Barbara Tutt, Cynthia Kidd, Janice Flint (Deceased), Matilde Carrione, Jose & Lupita Torres, Guadalupe Salinas Family, Rafael Briones Family, Henry Ramirez Family, the Trinidad Montoya family, Jose & Anna Mendoza; plus, we invite thousands living in/outside our jurisdiction to join Task Forces.

Atch NA files:

  1. USHUD323165USDOJcts361475 - demand for non-discrimination, equality, felon free assurances

  2. WhitePaperConservationEasement.doc

  3. EnforcePropertyTitleCovenantRestrictions.doc

  4. NickiRileyTrvsCoAuditor.pdf

  5. See the NA YouTube call for indepth hearings on this with the like of UT & Prairie View A&M schools of architecture professionals talking on sustainable growth /+ Jane Jacobs approaches





1 Former San Diego Planning Commioner, a distinguished UC School of Architecture 60 hour Master's ended homeless on ATX streets could aid the CoA & TCCC; he was denied a chance to work behalf local homeless. Pierce v. TCC & CoA asked for his teeth pounded out on concrete by APD to be replaced and for rights denied by SO officers keeping him on 9th floor/jail nine months. NA 11-22-10 letter asked CoA to pay Pierce.

2 For five neighborhing subdivisions, Texas Property Code § 202.004(b), §202.004(c), § 5.006 “breach of property title covenant restrictions,” Keppel v. Bailey 2 MV&K 517, 39 Eng Rep 1042 (1834). TxAG Opinion No GA-0864 (2011); IVNA rejects Land Development Code alterations by the County & CoA, Since the 1970s, public services given to others have been withheld along with subdivisional flooding and condemnation of the Elm Creek catchment. This has disempowered CC&Rs on five subdivisions and negatively affected about 92,489 parishiners of two (2) Hindu Temples as well as Christian, Jews and non-believing dwellers. Pre-approval constructions violate Texas Transportation Code Ch 251.008 (1) “all public roads must be clear of all obstructions.” Dangerous unlighted add ons may now be hit by bicycles and cars. See illustration below.

3 See Imperial NA Map 1195 ftp.ci.austin.tx.us/GISData/Regional/community_registry/maps/community_registry_map_1195.pdf

4 Captain Cyril Friday's SO personnel and local neighbor contact with the RV Park affirm 3-13-13 its intent to bring homeless to 9301 Hog Eye ATX 78724 from far West, South, Central, East and North Austin. For non-white skinned and poor, this amounts to discriminatory inequality. Continuation of hate and racially discriminatory practices set forth in USDOJ CTS# 361475; Racially discriminatory efforts by the City to push dark skinned people out of East Travis County residences is repulsive, unconscionable and unethical. They committed a TX Penal Code 39.03(a)(2) felony, which jeopardizes millions of Federal dollar grants/ 42 USC §14141, 42 USC §§ 2000d to 2000d-7, 28 .FR §§ 42.101-42.112; PL 107-133; P.L. 106-314; P.L. 106-177;

5 Amid $1.9 million expenditure 2010 Bond Issue funds Smith Engineering was delayed saving springs on Elm Creek. TCEQ & TMVD have been asked to join the NA in a Save our springs movement.

6 See http://Divisions/Austin/Woodlands/Declarations/092805.doc U:\\Divisions\Austin\Woodlands\Declarations\092805.doc

7 PID 201588 23.755 acres, + PID 8222032 3.166 acres @ Tax Office combined assessed value $119,162.00 JD Equity LP, 805 Las Cimas Pkwy Wte 230 Atx 78746

8 As stated by Alan Graham at SXSW, describing plans for the homeless on local TV news 3-12-13..

9 One's immediate removal feasible per Tx Local Govt Code § 87.031, In Re Bazan 251 S.W.3d 39 (TX Sup Crt 2008), Talamantez v. Strauss,774 S.W.2d 661 (Tex.1989) (per curiam) [ditto NA footnotes 2, 4 & 9] and Tx AG Opinion 114 “ officers may be removed from office ... by (a) district judge (per) Art V, § 24 Texas Constitution § § 87.001 – 87.832 ... Aldine Indep. School Dist v. Standlev, 280 S.W.2d 578 (Tex. 1955), Green v. Stewart, 516 S.W.2d 133, 136 (Tex. 1974) (“One who acts in his own right is, in the words of Aldine and Dunbar, largely independent of the control of others”)

10 39.03 (a) A public servant acting under color of his office or employment commits an offense if he: (1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful; (2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful;

11 East Austin Neighborhood, http://www.frbsf.org/cpreport/docs/austin_tx.pdf And, Karen Riles, Austin History Center. Telephone and e-mail interviews. Study compiled by Elizabeth Sobel community affairs specialist Federal Reserve Bank Dallas.