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NO. 17732 ORDER ADOPTING RULES OF KERR COUNTY, TEXAS FOR PRIVATE SEWAGE FACILITIES
WHEREAS, the Texas Department of Health and the Texas Board of Health have established
construction standards for private sewage facilities to provide the citizens of this State
with adequate public health protection and a minimum of environmental pollution; and
WHEREAS, the Legislature has enacted legislations, codified as Section 26.032 of
Vernon's Texas Water Code Annotated, which authorized the Commissioners' Court of any County
to enter an order, resolution, or other rule to abate or prevent pollution, or injury to
public health arising out of the use of private sewage facilities; and
WHEREAS, pursuant to Sections 26.022 and 26.032, Vernon's Texas Water Code Annotated ~'
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and Article 6252-17 of Vernon's Texas Revised Civil Statutes Annotated, due notice was given (I
of a meeting and public hearing to determine whether the Commissioners' Court of Kerr County,
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Texas, should enter an order, resolution, or rule controlling or prohibiting the installation~~~
or use of private sewage facilities in the unincorporated area of Kerr County, Texas; and
WHEREAS, said meeting and public hearing were held in accordance with the notice thereofir
and the evidence and arguments there presented were considered by the Commissioners' Court
of Kerr County, Texas; and
WHEREAS, the Commissioners' Court of Kerr County, Texas finds that the use of private
sewage facilities in Kerr County, Texas, is causing or may cause pollution, and is injuring
or may injure the public health; and
WHEREAS, the Commissioners' Court of Kerr County, Texas, has considered the matter and
deems it appropriate to adopt Rules regulating private sewage facilities to abate or prevent
pollution, or injury to public health in Kerr County, Texas;
NOW, THEREFORE, BE IT ORDERED, ADJUDGED, DECREED, RESOLVED, FOUND AND DETERMINED BY
THE COMMISSIONERS' COURT. OF KERR COUNTY, TEXAS, SITTING AS THE GOVERNING BODY OF KERR COUNTY,I,
TEXAS, that:
(1) The matters and facts recited in the preamble hereof are hereby found and
determined to be true and correct;
(2) The use of private sewage facilities in Kerr County, Texas, is causing or may
cause pollution or is injuring or may injure the public health;
(3) The rule attached and appended hereto entitled, "Rules of Kerr County, Texas
for Private Sewage Facilities" are adopted and all officials and employees or contractors
of Kerr County having duties under said Rules are authorized to perform such duties as
required of them under said Rules.
(4) The County of Kerr of Kerr County, Texas within five days after the entry of
this Order, shall obtain a certified copy of this Order and said Rules and submit both to
the Texas Water Commission for their written approval thereof;
(5) The County Clerk of Kerr County is authorized to publish this Order and
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these Rules in the Kerrville Mountain Sun, a newspaper of general circulation published in
Kerr County, Texas, after the same are approved by the Texas Commission, if required, and
(6) The Rules attached and appended hereto are incorporated herein as though
fully set forth in writing in this Order.
(Rules on file but not recorded.)
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COMMISSIONERS' COURT RECESSED MONDAY, FEBRUARY 8th, 1988 at 4;50 o'clock P. M.,
UNTIL TUESDAY, FEBRUARY 9th, 1988 at 9:00 o'clock P. M.