~~aa~D~X C'OMMISSIONERS' COURT AGENDA REQUEST • PLEASE FURMSH ONE ORIGINAL AND SEVEN COPIE`; OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY FIE COURT MADE BY: David Litke OFFICE: Environmental Health ~?; jc MEETING DATE: Feb. 22, 1990 TIME PREFERRED: ~~ A. M. SUBJECT: (PLEASE BESPECIFIC): workshop to discuss particulars for connections to the Nimitz School sewer line. (background information in agenda packet fort-12-90 meeting.) ESTIMATED LENGTH OF PRESENTATION: ona hrnir IF PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT, ^---~ a T ' tke_,~~e~ kA~ Engin~~rinT, Kerrville South Water Company. Time for submitting this request for Court to assure that the matter Is posted In accordance with Article 6252- 17 Is as follows: • Meetings held on second Monday: 12:00 P. M. previous Wednesday • Meetings held on Thursdays: 5:00 P. M. previous Thursday. If preferable, Agenda Requests may be made on office stationery with the above information attached. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 2' 13 -~iC @ ~ io L "~ 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 well be appreciated and contribute towards your request being addressed at the earliest opportunity. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND "EIGHT" COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: David Litke OFFICE: Environmental Health ----------- MEETING DATE: 2-12-90 __ TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC: Update on sewer connections in Kerrville South area. and consideration of sewer extensions. ESTIMATED LENGTH OF PRESENTATION: 20 minutes IF PERSONNEL MATTER: NA~4E OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: David Litke TIME FOR SUBhIITTING THIS REQUEST POR COURT TO ASSURE THAT THE MATTER [S POSTED IN ACCORDANCE WI'CH AR"TICLE 6252-17 IS AS FOLLOWS: MEETINGS HELD ON SECOND MONDAY: 12:00 P.M. PREVIOUS WEDNESDAY MEETINGS HELD ON THURSDAYS: 5:00 P.M. PREVIOUS. THURSDAY. IF PREFERABLE, AGENDA REQUESTS MAY BE MADE ON OFFICE STATIONERY WITH THE ABOVE INFORMATION ATTACHED. THIS REQUEST RECEIVED BY: 4 THIS REQUEST RECEIVED ON: ~ i' 2 ~,~' [LJ ~~ A_ M. P. M. ALL AGENDA REQUESTS WILL BE SCREENED BY THE COUNTY JUDGE'S OFFICE TO DE- TERMINE 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. » i~ KERR COUNTY x .? > ENVIRONMENTAL HEALTH DEPARTMENT ~C lol sp,u loo °~,,, °t~` Kerrville, Texae 78028 (512) 896.5101 Vie.^'p~+p.:'v:va, __, yt~: Jdb'ld~_. LliN.c• „YJ~•~C.-LL GATE: Feoruarv 5. 1C"3D ._~'BJ~:T= Sewer ;or:nect.;n Ufi JdCiUdr'•' ij`iv t:°i2 ~'t,; _,. ,.. _. .' :. _t.2Q L!:e C~i ': ~~acg C,i Cif H:: 1, 71~ C''lcl;' t.i ~l.'1 d'?.,..5! i"8=1.+-~„L 7:.'l~. "BLO: t'-1ls a:?r~ ?~!"e6f118!iL5 dEC',IiI7;;. W', '. "1 tole cub?2.L Cf Sewe f'se i'Jire di!d C!-S'.''~ sewa_ie d i sposa ~ . .he fedSl Ol llt`/ ._' 4_ iiZ. .'rlc' fw'ji;ljti~ ~rnpr)i ~;c;kC-, .'le _.. ._.. d re. ;d`ve _; On-S1L8 .,ewc."`B f.'"., _.i . nct _.. er~e~i.^.. ~,~~ toy.-, of _~p~.rai e, ~ .e.y. e:.. ',:~ e~. . . ~ r _~ :....: ': it,l~:. t~ Scwc` i:C :C;I I?.t _ _e4ver fee w'.1i Le :~OF "!Pd~eia ~~,uOC.Du .. ,e_idenca. t:e _',eo ,= a~n±nlti ewe- `~.. w~ i' ':,~~~ ,:c ~,._:m; ,-.,., Hi X8::,'1 1112 ~~ _.. '_f:'u Il'8~' -I~c :: :-iei, .. 'V'8 ~U ill:: 8 .~....L~ .U.Id - ~" _ ~c::rl;e~'~at~~:n_ ~. `i d'.e Ct ~Iti1il2 .'1 a r 'i. .~Bicl~ti,' ~~ Ri~'_.. DI-f'. d!:G -'adlC:vl ~_4 _+~ ~~ c.~ _.IeC~C '' " 1'12E. t-; 52"`'0, LO:TI C. ilct __vd~. ., V',1 .6v. I_.. vr'~'? _.J ~JU l'- ..x,'15 4~:U ,S :Ll ~e v~{-, Dar r•;q ___ ^,, n; +r,o r±jt, "ipCt ~~.'_ e _ ~t 'r. r:i rY01'i Nw :'. + ~ v.,. _jf19. ~ :el~.e! F~j 'lE6 CeF i.,11E'G~ ftP ~.1„~ ' _ ewe _ a,!,,, rf ., ~.. , 'VE _,., ". 1'ev~~nr "c,- :.e5 v ,dD''... i"8 '-~d'; ci,, ,:. r? ha i!, r,ise~-. r ~~ 1....;mm"~3?e ~ , rr:e r :'!I' -OC rr. e_t;.,:`;: ..:r I . ~'Ne^~ "le'.r l ~ lV :i `- '1(iE "W'. _. _' 1 ~. ('... P~.,'-~.~L) py~, I_'l.. ..- `i is .- ...... ner:' ._._. r' ., dL'= 4.. :fit .. :. _ .._ .J ~ .. t'u "' .e:'1ri~'7„8 .,{ t c '..Gi ~.. 'lc.:,. ,. .. ", i.=,. ~.. .jc ,: c. i -V".el: .. lam: rC,.. _. F,e Il'', SS i':(l is r~L Ju ~.. !7t._, .+=i tV _:, C c c=_ $.7i1 ,*~~~.,~ .. f(ij'...+ a: h": ~e ..: __ u_-, 4rBPr-. -rte r,_, -. V'.I_ ',CI::, ~G'. '~ 8i7ti .'' ~flv w,e +' 'r. I.;, +`'~~'t C^l. -Pr1e~lP. ? :; G)2rIC~. (:7 _ - .wa iE ~:'~._ 'Y'~.:,~_ w .., Q _ I , {'~,1e -8t1~ ' fl ~ 03' ES .e _f-3 ~ e3. 25t ,P ~._. ._.u _ _.e. i ,e<. s .* COMMISSIONERS' COURT AGENDA KEQUEST PLEASE FURNISH ONE ORIGINAL AND "EIGHT" COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: David Litke MEETING DATE: 2-12-90 OFFICE: Environmental Health TIME PREFERRED: ----------- SUBJECT: (PLEASE BE SPECIFIC: Update on sewer connections in Kerrville area. and consideeation of sewer extensions. ESTIMATED LENGTH OF PRESENTATION: 20 minutes IF PERSONNEL MATTER: NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING TILE COURT: David Litke TIME C'OR SUBMITTING THIS REQUEST I'OR COURT TO ASSURE THAT THE MATTER IS POSTED IN ACCORDANCE WITH AK'I'ICLE 6252-17 IS AS FOLIAWS: MEETINGS HELD ON SECOND MONDAY: L2:00 P.M. PREVIOUS WEDNESDAY .. ' MEETINGS HELD ON THURSDAYS: 5:00 P.M. PREVIOUS THURSDAY. IF PREFERABLE, AGENDA REQUES'T'S MAY BE MADE ON OFFICE STATIONERY WITH THE ABOVE INFORMATION ATTACHED. ' it THIS REQUEST RECEIVED BY: i THIS REQUEST RECEIVED ON: ;1 J - ~'~l Q JC, ~/~ I A.M. P. M. ALL AGENDA REQUESTS WILL BE SCREENED BY THE COUNTY JUDGE'S OFFICE TO DE- TERMINE IF ADEQUATE INFORMATION HAS BEEN PREPARED FOR THE COURT'S FORMAL CONSIDERATION AND ACTION AT 'L'IME OF COURT MEETINGS. YOUR COOPERATION WILL BE APPRECIATED AND CONTRIBUTE 'TOWARDS YOUR REQUEST BEING ADDRESSED wm ~ruc cam room .~nnORTUNITY. KE1tIt, COUNTY .+1, >< ENVIRONMENTAL HEALTH DEPARTMENT s ACC ~ n 101 Spur 100 '°~,;, . „~ .~~` Kerrville, Texae 78028 i512t896.5101 MEMORANDUM T0: Commissioners Court FROM: David L. Litke ,,~.:z°x~ GATE: February 6, 1990 SUBJECT: Sewer Connections On January 9, 1990 the City Council f~.nisred the process c,f upgrading their ordinances, regulation=. resol_rt~cros and agreements dealing with the subject of sewer ser:~ice and on-site sewage disposal. The feasibility of utilizing the Nimitz Sch-col sawo->r line as :gin alternative to on-site sewage disposal is now deG~endent upon: 1. Determining how to extend collection lines from the sewer line to each individuals property; 2. Wiro is to pay, construct, operate and m~.intain thi: cc;llection lines; 3. The capacity of the sewer line, i5G residential connf~ctiens maximum under current conditions; 4. Approval by City Council for scone-~t i ni ; t Re .~l ~.rt ion 3'7-1 i 3l . The sewer as an option wiil not be cfieao. The total of capitol recovery few, tap f,-e. olwri'r in ~ ~_os>ts fr,.,a Krouse to sewer, and monthly sewer fee will ~e ep;roriniately $2,000.00 per residence. The average monthly sewer fees will be nppi~~~~inr,rt~~'. 'b'~.~'0. This fee fluctuates based on water usage. Attachments to this memo are prcwi~Jecr t ~ ~nie .uu m-ire b, c4 y!~ound information for decision maHing. Page Recommendation 1. Have an engineering firm develop a master plan and feasibility study for collection lines to serve Loma Vista, Loyal Valley, Oak Grove Subdivisions; Woods tAobile Noine Park; and properties adjoining Ranchero Road from Hwy. 1G to Oak Lane. Voelkel Engineering designed the existiny flimitz sewer line and would have surveying services available. TI!e plan =_hould 6e in phases to accommodate 150 connections (300 connections if a 12 inch sewer main connection was made along HW'J. 16. ). ?nitial phase should focus on Contour Drive, Loyal V-illey Drive, end Royce Wood property. 2. Determine funding sources available ;uch as general revenue, AACOG grants, FMHA loans, development grrnts. 3. Consider an agreement similar to the cit:-s_hoel sewer' contract for the cost, construction, operation, acid ma'~ntenance of the collection lines. 4. Begin sewer connection process for rrirect cnnnect.ian~ as outlined in Chapter 5 of the Rules. This would affect P.o~ce Wood and properties in Royal Oaks. 5. Once sewer collection lines are in place imnlernert connections as outlined in Chapter 6. If the Commissioners Court decides to act on the iec~minenc!~tions, coordination will be critical between the ci'v, ;ounty, contractual entity, and property crwnrar's affe~_ted. The benefits derived will be reduced contre:ers;:, especially with .lenelle Apartments, improved yroundwnter and :>urfa..e water quality, improvement in real estate transac.tiuns, an~f improved real estate values. ~a c.~iis.w..-~s - /O ~/t.~ KERR COUNTY ET Vii.~,IlT~di'vIEIoT'~' ~.;y III. L'I'iI DEPARTMENT or. Iil~lltl{ (v~liN'I'1' ('niilt'!'IIUIitiI•; v ~ .~ 7(NI Main " !ir•r'rrille•. 'I?•iati 7`?fl;,{4 ~~CEHD MEMORANDUM T0: Commissioner Mora_an FROM: David L. Litke ~~ ='~-~'" DATE: November 14, 1989 SUBJECT: Improvements for Ranchero Road from Highway 16 to Camp Meeting Creek. The housing immediately adjacent to both sides of the road is a mixture including single family residences, duplexes, apartments, mobile homes, mobile home parks, a church, convenience stores, the fire station, plus several undeveloped lots. The attached map shows the lay out of lots for the area. Assuming each lot is one connection and all lots were developed and considering the high density areas, the number of sewer connections involved would be approximately 90. Based on an average of 300 gallons per day this represents 27,000 gallons per day discharge into the soil which has some affect on drainage. The Loyal Valley Subdivision by itself has approximately 130 lots which would represent 39,000 gallons per day discharge. Concerning drainage, Jerry Menefee has done some oreliminary calculations for this area. Development of this area irl regards to sewer service is limited to the capacities of the existing sewer line. The primary restriction is the size of main and lift stations in the Riverhill area. Current conditions are limited to approximately 150. Bart Hines has suggested a 12 inch main along Highway 16 to bypass the smaller capacity line and lift station. By doing this capacities could be increased at least by double. ~,:~t• T KERR COUNTY y _,' y ENVIRONMENTAL HEALTH DEPARTMENT __ rC ,., ~ p*1 101 Spur 100 '00,,. or ~`~ Kerrville, Texas 78028 (5121 896-5101 MEMORANDUM T0: Commissioner Morgan FROM: David L. Litke d ~ - DATE: November 14, 1989 SUBJECT: Status of sewer connections to the Nimitz School line in the Kerrville South Area. This week the city and the school district board continue negotiating a refunding contract for connections to the sewer line. A refunding contract between the city and K.I.S.D. has not existed, consequently. the need for one is necessary if the city wishes to permit anyone to tie into the Nimitz sewer line. This fulfills the connection policy established in the city-school contract for this sewer line. Once this is achieved the city will be one step closer to allowing connections. Under the current capacities of the sewer line approximately 150 residential connections based on 300 gallons per connection could be allowed. This will be a start in alleviating the "hot spots" Based just on gravity flow for collection approximately 12 direct connections could be made in Roval Oaks. 1~ coonections for Jenelle and Nimitz Apartments, ~4 connections on Contour Drive and about 50 connections for P,oyce Wcod for an approximate total of 102 connections. To service any portion of the Loyal Valley Subdivision would require a lift station to cross the creek. The Loyal Valley Subdivision alone would reach the connection limit. Once the policies for connections are approved, the county must address how collection lines are to be designed. installed, maintained, operated and paid for. Section 2E.175 of the Texas Water Code allows for local governments to execute cooperati~~e aureements °for the transfer of money or property form any party to the agreement to another party to the ayreement for the purpose of water quality management, inspection, enforcement. technical aid and education, and the construction, aanership, purchase, maintenance, and operation of disposal systems." This section may be the avenue to provide the missing piece for providing collection lines between properties and sewer main. The Commissioners Court will need to decide what is the best approach in coveriny all details associated with providing collection lines and sewer service. Whatever the arrangements may be for service it will have to be accepted by the city to comply with disposal system rules established in Section 26.176 of the Texas Water Code. Attachments ~~ .La ~ ,\ d w ~ ~ • p m N `p A ~ ~ / u, ^ ~ n ~ n _r „~ ~ ~/ ~ Nimitz Elem. .S~t,.,,.i -, -C nu Y ' ~~ ~ ~ti ~ , ~~ .. ~ ;,~~ ~d e .;:,. o h ~ __ .-~~ ' ~ 3our~,kv ~1 /j ~~',~o ° /0 p d dY ad1 ,.:,.• d ~~, \Ca D r... - N ~ ~ ~' . • y~\~ N :. ' ~, ..~..... T RoYeG pq~s • •'~~; ~, dy 4- A ~'• _ Existing 6" sewer Suggested 12" sewer connection ~.'r ~l./ ~z' ~~ y0 w~n k ~NYCIN C2F e~ c COhrBoY ~ ~ + ~. y~q <` Existing S" sewer -A~ AA4E'R C C~F ~~ Fr ~ O :.:. BEND :~::: Si f/ ~-(iC SAN .. .. f ~. ~ .{ii.~;r.. LL LV8 L I 3/ ...... ::: :~FQ'::~v.'~ .` ~-:. pal. ~•..~ `:;{;, ::...,, .:., ~ d~ a . •woo ~. 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Z 105 I"LG it l'v 37 40 -~ •.t~t ,,~; 5 .#. V :-~i~f ~ / •:~ e o.n.I taMr 4~ '~•! ~\ cM4e s 45 j1 o; wro ~ Wit, ~ Qp.v _M O° ~n /~ ~ •y~ ti..J ' /~ D ~' no ~4-. y ~'. /~ U ~~ 3LEfD' ~ SA"`~yE POSNTS SEEP AgEiS ~ i p•35A r~ t •~ `~~y 1I~ 'j~~/i~`~\lJ L \\~ ~, V i 'r w 3 ,~ ~. ~: I '~ti 1~• A~ Zp.l °Ma o ~a`7-~\r '-s L •, z ~ i - ~ ~ ~ ~ ~ s ~i t 1 ~ r .~ ,o .-S ._ ~ a~.~ ~ ~ F ' ~' \~ V,~Z ClAK~ ~* i S~ R s,.. e . ~! .. r i y~ J~ 4 ~o ~Q., i 4 i O k ~- c K A U O ° ~ ^pOS` ~/ F~ -0y h ~~.r ~Cy ~P O m '7 0 ~__ _~-- le t3 1 a the the to and iay Ity :. ith nd to ' ,: o- ,is . to dl er ar is r p n e + d STATE WATER ADMINISTRATION § 26.175 75t1e 2 § 26.172, Recommendations to Commission A local government may make written recommendations to the commission as to what in its judgment the water quality standards should be for any public water within its territorial jurisdiction. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eft. Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.103, eft. Sept 1, 1985. 1985 Amendment In the section heading and Derivation: section substituted "commission" for "board". Former Section 21.352, § 26.173. Power to Enter Property (a) A local government has the same power as the commission has under Section 26.014 of this code to enter public and private property within its territorial jurisdiction to make inspections andtinvestigations of conditions relating to water quality. The lots! govern- ment in exercising this power is subject to the same provisions and restrictions as the commission. (b) When requested by the executive director, the result of any inspection or investiga- tion made by the local government shall be transmitted to the commission for its consideration. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § I, eft, Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.103, eft. Sept. 1, 1985. ]985 Amendment Substituted "commission" for "department" throughout section. Derivation: Former Section 21.353. Notes of Decisions Declaratory judgment 2 Purpose 1 1. Purpose System governing regulation of water pollu• lion, which empowers Railroad Commission with sole authority to "regulate" wa[ei pollution by oil and gas industry [V.T.C.A., Water Code § 26.131], but which empowers other state and local agencies to make "inspections" of all lands, public and private, as well as oil and gas lands, to determine whether water pollution was due to other than oil and gas activity on the premises (V.T.C.A., Water Code §§ 26.014, 26.173] was designed to harmonize goals of placing all mat- ters involving oil and gas regulation in hands of one agency and preventing water pollution by permitting local governments to help state agen- cies. Jackson County Vacuum Truck Service, Inc: v. Lavaca-Navidad River Authority (App. 13 Dist.1985) 701 S.W.2d 12, ref. n.r.e. 2. Declaratory judgment Local governmental agency which had authori- ty to inspect land for water pollution had author- ity to bring action for declaratory judgment that it had right to enter and inspect land, where landowner had refused to permit local govern- mental agency right to enter and inspect. Jack- son County Vacuum Truck Service, Inc. v, Lava- ca-Navidad Aiver Authority (App. 13 Dist.1985) 701 S.W.2d 12, ref. n.r.e, § 26.174. ErtCorcement Action ,f A local government may bring an enforcement action under this chapter in the manner provided in Subchapter D of this chapter' for local governments. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eft. Sept. 1, 1977. _~ 7 Section 26.121 et seq. Derivation: Former Section 21.354. § 26.175. Cooperative Agreements (a) A local government may execute cooperative agreements with the commission or other local governments: (1) to provide for the performance of water quality management, inspection, and enforcement functions and to provide technical aid and educational services to any party to the agreement; and 375 !: , ...i~~ :.,• :... ,,. -,< iy .~: ~~. 26.175 STATE WATER ADMINISTRATION Title 2 (2) for the transfer of money or liroperty from any party to the agreement to another party to the agreement for the purpose of water quality management, inspection, enforcement, technical aid and education, and the construction, ownership, purchase, maintenance, and operation of disposal systems. (b) When in the opinion of the executive director it would facilitate and enhance the performance by a local government of its water quality management, inspection, and enforcement functions pursuant to a cooperative agreement between the local govern- ment and the commission as authorized in Subsection (a) of this section, the executive director may assign and delegate to the local government during the period of the agreement such of the pertinent powers and functions vested in the commission under this chapter as in the judgment of the executive director may be necessary or helpful to the local government in performing those management, inspection, and enforcement functions. (c) At any time and from time to time prior to the termination of the cooperative agreement, the executive director may modify or rescind any such assignment or delegation. (d) The executive director shall notify immediately a local government to whom it assigns or delegates any powers and Functions pursuant to Subsections (b) and (c) of this section or as to when it modifies or rescinds any such assignment or delegation. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff. Sept. I, 197T; Acts 1985, 69th Leg., ch. 795, § 1.109, eff. Sept. 1, 1985. 1985 Amendment. In the introductory para• graph of subsea (a) and in subsec. (b) substitu4 ed "commission" for "department", each time it appears. Derivation: Former Section 21.355, as amended by Acts 1971, 62nd Leg., p. 1978, ch. 612, art. 1, § 5. water collection and treatment system and to perform water quality management functions, within the county, alone, or in conjunction with or under contract with the United States Govern- ment, or any agencies thereof, cities and towns within the county, other counties, regional plan- ning commissions, water districts or authorities, and the Texas Water Quality Board. Op.Atty. Gen.1972, No. M-1049. Notes oC Decisions 1. Construction and application A county has authority to plan, construct, operate and maintain an area or regional waste ~; § 26.176. Disposal System Rules (a) F.very local government which owns or operates a disposal system is empowered to and shall, except as authorized in Subsection (c) of this section, enact and enforce rules, ordinances, orders, or resolutions, referred to in this section as rules, to control and regulate the type, character, and quality of waste which may be discharged to the disposal system and, where necessary, to require pretreatment of waste to be discharged to the system, so as to protect the health and safety of personnel maintaining and operating the disposal system and to prevent unreasonable adverse affects on the disposal system. (b) The local government in its rules may establish the charges and assessments which may be made to and collected from all persons who discharge waste to the disposal system or who have conduits or other facilities for discharging waste connected to the disposal system, referred to in this subsectign as "users." The charges and assessments shall be equitable as between all users and shall correspond as near as can be practically determined to the cost of making the waste disposal services available to all users and of treating the waste of each user or class of users. The charges and assessments may include user charges, connection fees, or any other methods of obtaining revenue from the disposal system available to the local government. In establishing the charges and assessments, the local government shall take into account: (1) the volume, type, character, and quality of the waste of each user or class of users; (2) the techniyues of treatment required; 376 tN 3 n, e, e' d' STATE WATER ADMINISTRATION 75t1e 2 ( ~~ § 26.177 ~'~ is (3) any capital costs and debt retirement expenses of the disposal system required to be paid for from the charges and assessments; (4) the costs of operating and maintaining the system to comply with this chapter and the permits, rules, and orders of the commission; and (5) any other costs directly attributable to providing the waste disposal service under standard, accepted cost-accounting practices. (c) A local government may apply to the commission for an exception from the requirements of Subsections (a) and (b) of this section or for a modification of those requirements. The application shall contain the exception or modifications desired, the reasons the exception or modifications are needed, and the grounds authorized in this subsection on which the commission should grant the application. A public hearing on the application shall be held in or near the territorial area of the local government, and notice of the hearing shall be given to the local government. If after the hearing the commission in its judgment determines that the volume, type, character, and quality of the waste of the users of the system or of a particular user or class of users of the system do not warrant the enactment and enforcement of rules containing the require- ments prescribed in Subsections (a) and (b) of this section or that the enactment and enforcement of the rules would be impractical or unreasonably burdensome on the local government in relation to the public benefit to be derived, then the commission in its discretion may enter an order granting an exception to those requirements or modifying those requirements in any particular in response to circumstances shown fo exist. (d) At any time and from time to time as circumstances may require, the commission may amend or revoke any order it enters pursuant to Subsection (c) of this section. Before the commission amends or revokes such an order, a public hearing shall be held in or near the territorial area of the local government in question, and notice of the hearing shall be given to the local government. If after the hearing the commission in its judgment determines that the circumstances on which it based the order have changed significantly or no longer exist, the commission may revoke the order or amend it in any particular in response to the circumstances then shown to exist, (e} In the event of any conflict between the provisions of this section and any other laws or parts of laws, the provisions of this section shall control. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, etf. Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.105, eff. Sept. 1, 1985. 1965 Amendment. In subdiv. (b)(4) substitut- ed "commission" for "department". Derivation: Former Section 21.356, as added by Acts 1971, 62nd Leg., p. 1978, ch. 612, art. 1, § 6. Cross References Notice of hearings, exception under this sec- tion, see § 26.022(a). Notes of Decisions 1. In general Texas Water Code specifically authorizes re- gional authorities to charge connection fees, and this right cannot be denied by implication. Cibo- to Crcek Municipal Authority v. City of Univer- sal City (Civ.App.1978) 568 S.W.2d 699. Even i[ contract between city and conservation and reclamation district had purported to prohib- it district from charging correction fees, since Texas Water Code specifically aulb~>rized region- al authorities to charge connection fees and since order of Texas Water Quality Board designating district as regional entity prohibited district from permitting covenant or restriction to be placed in any of its contracts which would inhibit district from providing service throughout, region, con• tract between city and district could not prohibit district from imposing connection fees within corporate limits of city. Id. § 26.177. Water Pollution Control Duties of Cities (a) Every city in this state having a population of 5,000 or more inhabitants shall, and any city of this state may, establish a water pollution control and abatement program for the city. The city shall employ or retain an adequate number of personnel on either a part-time or full-time basis as the needs and circumstances of the city may require, who by virtue of their training or experience are qualified to perform the water pollution control and abatement functions required to enable the city to carry out its duties and responsibilities under this section. 377 ~tr.;~,- ,.~:,. ~. ,: ~ .'V y. .~1{". {'~~ 4„1,.,1 ;•' ... ~': ',Jf~~Y. ~. ~,~ 1.i. . '' , .'i• " ''~ , *~' `~ :i:: r F~i'1 C. ,.~. ',~ ,:~ r'i. rl,} `i%t>'' RESOLUTION 89-113 AMENDING CITY POLICY TO PERMIT OUT OF CI'PY SEWER CONNECTIONS WHEREAS, the City desires to be a regional leader in the prevention and mitigation of groundwater and surface water pollution; and WHEREAS, the City desires to cooperate with Kerr County Commissioner's Court toward the elimination of failing septic tanks in Kerr County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KEKRVILLE, KERB CUUNTY, TEXAS: THAT, the following is the City's policy pertaining to sewer connections for applicants located outside the city limits of Kerrville: 1. This resolution supersedes Resolution 83-113 regarding sewer connections only. 2. The City Council will review each request for sewer service by an applicant located outside the city limits of Kerrville on a case by case basis. The Council may elect to require annexation rather than grant outside city service. 3. Certain criteria (see exhibit 1) must be met by each applicant before City Council will take action on the sewer request. 4. Those applicants outside the City limits shall be required to pay a capital recovery fee pursuant to Ordinance 86-49, and a monthly sewer use fee which will be the out-of-city rate The capital recovery fee shall be paid prior to hook up. 5. The City is under no obligation to extend or upgrade sewer mains outside of its city limits in order to collect any applicants sewage. PASSED AND APPROVED this ~.~ day of n ,D 1989. -~--~---rf'c~l Leonard L. Holloway, Playor ExHlTirr 1 CRITERIA REGARDING OUT-OF-CITY SEWER COPINECTIOATS Before action by City Council on a request to receive sewer service to an applicant located outside of the City of Kerrville's corporate city limits, the following must be met. 1. The applicant shall submit to the City, by letter, its reason(s) for requesting sewerage service. Justification from the Kerr County Environmental Health Department must be included with such request. The request shall also include the applicant's location, and estimated sewage flow. 2. Each applicant shall submit a reasonable description of the property to be served. 3. The City must have excess treatment capacity before any connection can be made. If the applicant's sewage contribution will cause the City's treatment plant flows to reach seventy percent (70%) of permitted flow capacity, then the City does not have excess capacity. 4. The City must have excess sewer line capacity and sewage lift station capacity before any connection can be made. 5. Each applicant agrees to all current sewer use ordinances. REFUNDING CONTRACT C]'Cti' - SCHOOL NIMIT'Z SEWER LINE This Refunding Contract entered into by and between the City of Kerrville and the Kerrville independent School District as follows: 1. This Refunding Contract pertains to that portion of what is known as the Nimitz Sewer Line that lies outside the city limits, pursuant to that certain "City-School Sewer Contract", dated December 11, 1986. The linear feet of such sewer line is 3,471 feet, and the cost per foot thereof was 24.43. 2. In the event the City permits others to tie on to said line, then the City agrees to assess and collect a connection fee. A connection fee is not a tap fee, nor a capital recovery fee. A tap fee is to reimburse the City for the actual cost of making the tie in, and the capital recovery fee is for the recovery of the cost of the Wastewater Treatment Plant and the sewer system in general. 3. The connection fee to be charged shall be on a cost per front foot basis at $5.00 a front foot, or according to the attached schedule, whichever is greater. Except, however, no owner of a dwelling unit shall be obligat@d to pay a connection fee in excess of $750.00 per unit. 4. This Contract does not create a general obligation upon the City to permit out of city sewer connections. Thus, permission remains discretionary with the City, and in particular, each applicant must meet the requirements of Resolution 89-113, "Amending City Policy to Permit Out of City Sewer Connections." i~ 4 tt u 5. T'he city of Kerrville agrees to provide to Nimitz School, as long as desired by KISD, adequate sewerage service consistent with that provided other schools in the KISD system located within the city limits of Kerrville at costs consistent with those charged other customers of the City of Kerrville. 6. In the event the City collects such a connection fee, then the City shall retain 5% thereof for clerical and handling, and promptly remit the remaining 95~ to the School District. 7. The amount to be refunded to the School District shall not exceed $84,804.00. 8. KISD agrees to give ownership of the line to the City of Kerrville, and the City of Kerrville agrees to provide maintenance service. 9. This contract shall terminate on September 1, 1997. 10. Notwithstanding anything herein to the contrary, the City shall owe the identical duties, and shall have the identical liabilities, neither more nor less, to the School District, as the City has to an in-city sewer customer. This contract does not waive the goverrmiental immunit//i~~es of either party. SIGNED, this ~ day of d L~ ~ .~...,, /, .~ . 1989. ATTEST CIT't Or' KERRVILLE Sheila Bran City Clerk Leonard L. Holloway, Mayor PPROVED r--~ 1 Thomas S. T well City Attor ey ATTEST _f~~~j~L~ , ~ Secre~Eary a b SCHEDULE OF FEES Single family dwellings Multi-family dwellings (Apartments, Condominiums) Efficiencies and one-bedroom Two bedroom Three or more bedrooms c. Hospitals and/or Nursing Homes d. Hotels and Motels e. All other commercial indusr_rial fees will be based on water meter sizes as follows: Meter Size 5/8" - 3/4" 1" 11 ~, z 2" 3" 4" 6" Over 6" $ 500.00 200.00 ~~•• 350.00 -<•• 500.00 -~•• 400.00 '~ 100.00 ~~•• $ 500.00 1,000.00 1,500.00 2,000.00 4,000.00 5,000.00 7,000.00 15,000.00 •• Per Bed •••• Per Living Unit GniipTait :. DEVELUGDIENT OF uFGANI~ED ~~ISPGS~aL SYSTEM c.Ul. CGNIJECTIGN TG GRGANIZED U:Sr'=~'~i+L S'i~iEMS In order to implement the stated policy ~f the len is lat ~_lre and the Texas Water Carnrnissian to enco:_lraoe tine deveioornent and +_lse of orcanized disposal systems t~~ .=.erve t'ne waste disposal needs r_.f the citizens or the 5t ate and „= prevent pollution, pr•o•tect the p:.lblic health, and maintain and enr:ance the a,l_rality r_:f water in the State, the following rea:_lirernents are made: (?) No oersc~n rna.y ce.~..se or ai low the installation of a private sewage faci 1 ity when arty part =~r 'the prc~per•ty t r_~ 6e s=rued t+y 'the private sewage faci:ity is witr:ir~ .UU feet in horizontal oistance (meas~.lred on the cic~sest practicable access ro:.rte) or an exisiir~g or_e.nized disposal system, :_lnless ~~ne of the foliowino rey:_lirerner~ts has been rust ; (Gi The _er•sor~ has received a written denial of service fi`Ofn the owner or` ^~~verr~inG b~rdv car the organized disposal suss em: or (3) The person has r`eceie•ed a written u-'eterrninatior~ fr•oni the iicen=_in^ aut:hority that it is r-:ot feasible for the eersor~ to connect tc the or^a.nized' di=_GO~sal =_vsL'em. (~) Whenever an _anized dis:~_sa' =_~stem is ~.ev,_._..=,ped W ithlri ,-:1 lit fe°~~ iYi h0:"_ Oi":~~._ LL ~': ar:CS lnl9aSll i`6_L: nYi t r:B Cirr_.BSt Oi'c.~~_Cc.[~= Y=ill'. _. ° ?n' c, iv ._d:r`. ~. ipc,'LV :I-i c.t .S _e r'Vep G`l c. Dr'_"r.'~e o31~'2'- rn__.l " tr,at fae~1_ty sh_.;_ 6e _=rrmecc__ _ :.`~= `'_oe n._:.. ,, . sV=_tern within '_30 day=_ _ rc-ce':~ir~c r:,:~t:__ :, ~::nn '1': n: ~~W Y:et` _. C"'V°•"'r:l r:C b_~d ~' 01 the ~=~1`aal"ii _'_'Ci ..._-!?052i svstemthat caGa.city is avei lab. _, l:r;lc