c~7~U~s ~-~, Item c.. '-3 Consider and di~sc~..~ss der_isions made try Environmental Health Department coneer-•ning Septic Tank at 417 Ingram Hills Road. (Marvin L. Willis) The Co~_irt asked David Litke to cheek into this matter that is in .J. F'. Co~_~rt # 4 as a co~_~rt case to see what is happening with the case. COMMISS1yNERS' COURT AGENDA REQUEST ~~ PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: ~~~,;~/~-... ~ /, /I ~ s MEETING DATE: / t7, / l7~_ SUBJECT: (PLEASE BE SPECIFIC) ~~~ ~ EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: R ~ v-~ ~ ,-, NAME OF PERSON ADDRESSING THE C~:.a?_IR"T: ~~ ~ ~ ~~ ! Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: OFFICE: TIlVI~ PREFERRED: 5:00 P.M. previous Tuesday. 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 will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. ' JUL. 5 '95 9=08AM KERR CO JP4 210 367 3005 P.1 WILLIAM E . RAGSI]ALE ,JUSTICE OF T1HE PF.~tCE lis ST. RK-C. z7 WEST INGRAM, TX, 78a25 {210) 367-2245 fax (210) 36T-3005 7'O: '1'HF.A COC.~N~'T Ct7Xiit~' FAX GC]VER SHEE'i' N4. Qi' PAGES XNCLtID.iNG OVER SHEET' 4 $LIBJEGT: Cc'}PT OI' CC311~LAINT IN CACiSE Nf7. I7283; THE STATE flF TEXAS VS. MELViN WiLLIS. - JUL. 5 '95 9~08AM KERR CO JP4 210 367 3005 P.2 ..,. ~1??$3 GE~ERaL con~PLAis~-r L-v T~ NA11rtE AN,p ~Y t#UTHt3RYT'Y VF THE STATE OF TEXt1S BEFORE :~E, the tmdarsigned tr+t trra day persat~aily +~fpC;arc;ci ~~ Gana T... - who after being sworn, upam or~h deposes and sa)~ (that he has Band reason to baIieti~e and charges) that one ~~~ ~4~i ii _ _.. _ . on (or about) the _31 da~v of Lfarch , 1993, and befare making and fifing of this complaint in tlae Justice of the Peace Preciect of Kerr Coun#~~, State ai' Texas, did then and there uniawfulh',,f,4iicd to transfer license to operate an can-*ite sewage ~acilit~ on ~~ ura~ iocatect act ~l~am Hills RoE~d, tot,.~,B Tttg~a~ T'z~as,..clo~g.Chagtec $ of the Rules _. and RcQUlati~ns of ICetr C:aunty for (]t--Site Sewage Faciliti~,~n against the peace and digxaty of the State. ~a~ Ssrotn to and subscribed before me by /dvf ~~.~' ~ ~,...~ on this the ~R~,~daY of --- - 19.~~~at.. ~l7 o`ckxl::~1~i~P~i~i. Tustice of the Pewee, pet. ~ Kea C;~untt' Address: ~1~am FFrlls Roa~_Ingratn, Texas 78025 Driver License 1`;0. Date of Rirth: iex: Race: Hr: - 1~%t: Other Names: i~'9~gencom-sam JUL. 5 '95 9~09AM KERR CO JP4 210 367 3005 P.3 AFFIDAVIT OF PRC?AaRi,'w~ CAITSE I, tiiano Ga<'rs-_--.._ _ ,state t}tat I am the comptaittant with rc~~t+d to the alleged offesL9e of fad to transfer licettisa w operate an on-~u~ s f~c~'h'ty on lvs IIL~. -~--~.,_..._.._,..~..._......._,._._..__.~_ which I state has been committed bti• I~teh~ Vflt~lis~._ ~..,__....~__ 1, iiurthcr stair that ~khia•u~ on ar about the 31st day of titatoh -_-, 1993, dad the £otlowing: _vio~d_ Chapter 8 of the I~~ies and Re.#iulataot~ a#' Kerr County for Qn-Side Sewage ~'ac:ilitaes by faitin~ tn.transfer 6cestu to operate-an nn~site sc~v~raae 'ilih• ~t ,lus Pm'Pevel~after being told to rtatisfer the license bye letters dated 3 X31 X93 and 1'1'94 ^_~ ,- L further state that I have furnished this infgtxnaGion to the Court of Jurisclaction Justice of the Peat;e Pct. ~# for prosecution and the propose of filing a cornglaint and information. .meant SR~O1Z~ti A~vT~ SL~BSC!{I]3EI~ TU BEFO1tE !VIl',. i3v the said Ai~iaryt on the ~___.._ ~dav trf ~ ~; 1994., i~ kerr e~ourtt_v. Tee _ ......~- :~rotarr•'s Punted Or Typed Name Notasv Publdc. State aria Ted :4iv Ccntn~sian T,~,pises _ ._ a#~pc.xaat JUL. 5 '95 9=10AM KERR CO JP4 210,67 3005 P.Q C~IAp'~'ER S ' SAI.,I"r UR 'T'RANSFER II~TSPECTX~JNS ~ .,; _ ~ ~ .8.41. APPLICATIt)1V FOR REINSP'ECT70N 4R INI'I'JCA):, INSPECTION. A person desiring to sell or transfer land upon tirhich is locattd an on-site sewage facility, shall make application to rile Licensing Authority far a reinspe~~tion of his an-site sewage facility, if licensed, and for an initial insl~ectiati by the Licensing Authority if the same is unlicensed. 8.02. INSPECTItaN AND PER11~Yx" - LICENSFJ) SYSTEMS. (a~ Upon the sale ar transfer of lands upon which the is Zocated an licensed ar existing ~n•site sewage :acility, a transfer cif the License to C)perate shad be required. (1) The holder of the operating license shall, within thirty (3Q) days prior to the sale or transfer of the land, rwtify the Licensing Authority, in writing, of the proposed sale and complete and submit an applicatian.fortronsfer of the operating license, of the on-site sewage Faculty, and pay the transfer fee. {2) The Licensing Authority, upon receipt of such notice, the application for transfer, and payment of tt~e fee, shall, within fsve (S) days from the tloTice received, contact the Applicant to arrange for an inspection of the facility. Such inspection shall be based upon a list of inspection items prepared by the Licensing A.uthorxty and prornulgaterl on a form that shall be available to arty interested person wind shall be provided to the Applic,.attt prior to tf~e inspection. (3) The Applicant shalt atso be required to: {A} Uncover the clean out/access ports to the treatment tank(s). (B} Uncc-ver the field Iine at a reasonable distance from the ranks; and _. .. - { ; Fill-the tank with +~tt~' ro tie overflour 'line 2d bouts prior ~ta the .. ,~ inspection. {~3) The Applicant having prepared the site as provided for in (3) above, shall notify the Licensing Authority that such facility is ready for' inspection. (b) The I.lcensing Authority may waive such provisions of Chapter 6 of these Rules as detrned by it to be repetitive andlor unnecessary to the accomplishment of the purposes aF these Rules. 24 JUL. 5 '95 9=10AM KERR Cd JP4 X10 X67 3005 P.5 8.03. I31tSPECTIOIV AIVD PERMIT - UNLICENSED FACILITIES. (a) Upon the sale or tt~nsfer of Iands upon which there is located an un]icensed on- site sewage facility, a License to Operate, as provided for in Chapter 6 of these Rules, will be rewired. (I) The Applit shall. prior to the salt or transfer of such Land, notify the Licensing Authority, in writing, of the proposed sale or transfer within thirty (30) days before Inc date of the proposed sale or transfer of such sand and short snake application for an operating license in the form and manner tequirtd by Chapter 6 of thaw Rules. (Z) The Licensing Authority, upon receipt of the application, and the payment of the applicable fee, and having been notified by the Applicant that the facility is wady for inspection, shall set a lima and a date for the inspection as provided for in Chapter d of these Rules, 8.04. LSSETANCE OF LICENSE. (a~ !f the Licensing Authority finds that the facility is not ea~,sing pollution, is not a threat to public health, sad is not creating nuisance conditions, and that the facility is in substantial compliartcc with the Standards and the Rules, then the Licensing Authority Shall issue a Iicense in the name of the new owner, as stated on the alplication. {b) If, however, the Licensing Authority shall find that the facility is not in substantial compliance with the Standards and/or these Rules, the Licensing Authority shalt, within five (5) days of the date of the most recent inspection, notify the Applicant, in wridng, of the violation and shall clearly state the n~inimustt repair uo be made to the facility to bring the same into compliance with these lZules, When the facility shall have been [Wade to evmpIy with these Rules, the Licensing Authority shalt issue the Applicant an Operating License as provided for in B.QA(a). 8.05. LICENSE REQUIREMENTS. - {a} A iicEnsc issued und4r the provisions of ~~~hapter, whctner an original license ~ ~ - -~ ar a transfer, shall contain the following language: "On , 19 ,the final physical inspection Of this facility was ~ made by . a - Based upon that limittd inspection, the information provided by the Applicant, the tecords of the Kerr CQUnty Environmental Healib Department, and the applicable RuIcs 4 and Standards, ttte Licensing Authority finds that the facility is in substantial compliance with the rrtinimum requirements of the Standards and Rules and that at the lime of the ,. inspection