ORDER NO. E3457
AP'P'ROVAL OF IN'TERLOCAL AGREEMENT BETWEEN KERR
COUNTY AND UGRA REGARDING ON-SITE SEWAGE FACILII"IES
AND AUTHORIZE THE COUNTY JUDGE TO SIGN SAF4E
On this the Ear^d day of .J+..ily 1996, +_ipan motion made by
Commissioner^ Halekamp, seconded by Commissioner- Oehler^, the
Co+_ir^t +_~nanimo+_~sly appr^nved by a vote of ~+-O-O, to approve the
inter^local agreement between Kerr Ca+_tnty and UGRA r^egar^ding
On-Site Sewage Facilities and a+_~thori;~e the Co+_~nty J~_idge to
said dac+_iment.
INTERGOVERNMENTAL_ AGREEMEN~i"
FOR OP'E RAT I DN OE
hCERR COUNTY OSSf= PROGRAM
This Agreement i.s entered into on this day of ,
1996, p+_~rs+_iant to the terms of Chapter 741 of the Texas
Government Code, by and between the Commissioner^s Co+_~r^t of
Kerr Co+_inty, hereinafter called "the Co~_~nty", and the Upper
G+_iadal+_-pe River A+_~thor^ity, hereinafter called "UGRA", for^ the
p+_~r^pose of providing certain services relating to the
oper^ation of the On-Site Sewage Facility P'rogr^am, hereinafter
ca.l 1 ed "OSSE".
WHEREAS, the Co+_inty has been designated as the Program
P'ravider^ for Kerr Ca~_~nty by the Texas Nat+_-ral Resn+sr^ce
Conservation Commission; and
WHEREAS, the County finds it in the best interest of the
health and welfare of its residents, absentee proper^ty owners,
visitor^s and guest, to maintain the OSSE Program effectively;
and
WHEREAS, the Ca+_tnty fi.rtds that s+_~ch effective operation of the
program wi11 provide gooci environmental health practices which
+.iltimately will promote safeg+_~ar^ds far the area° s p+_~blic
drini~ing water^ standard; and
WHEREAS, UGRA'S territor^ial .j+_~risdiction is the same as the
Co+..tnt y' s and
WHEREAS, UGRA has an established environmental services
program consisting of Register^ed Sanitarians, Limnalagists and
other water q+_iality specialists; and
WHEREAS, UGRA has expressed a willingness to operate the
program an behalf of the Co+_rnty; and
WHEREAS, the public health, safety, and welfare of the
citi ens of Y,err Co+_inty wo+_rld be best served by both parties
enter^ing into this Inter^gover~nmental Caaperatian Agreement
purs+_rant to the a+..cthority granted by Chapter 741 of the Texas
Government Cade (the Texas Intergovernmental. Caaperatian Act7.
NOW THEREFORE, be it resolved that Kerr Co+_rnty and the Upper
G+_tadal+_ipe River A+_rtharity enter into this Intergovernmental
Cooperation Agreement far the administration and operation of
the Kerr Co+_-nty OSSF F'r~a gram.
ARTICLE T
DEF= I N I l"IONS
1. 1 "Sole and 7ata1 A+_rtharity" •to operate the i]SSF p'r^ogram
adopted by F;err Co+_-nty means that UGRA has complete
a+.athority granted by this Agr~eement to administer
the R+_~les and Reg+_~lations of the Kerr Co+_tnty OSSF F'rvgram
witho+_~t interference or~ inp+..rt from any other person or^
a+_rtharity, inc1+_tding members of the f',er~r~ Ca+_rnty
Commissioners' Co+_~rt, its agents, designees or employees
of Kerr Co+_inty, their agents, designees ar^ employees
or ca-employees.
1.:? "Appeal" means that element of the application ar
permitting process when^e the applicant/permittee and UGRA
have been +_~ns+_~ccessf+_rl in reaching an amicable agreement
an the design, canstr+ar_tian methodology or any other
aspect of the installation of an OSSF +_~nit in acccrr~dance
with the r+_iles and reg+_ilations adopted by 'the Ca+_~nty.
S+_~ch an Appeal sha17. be i.ni.t i.ated by the UGRA when UGRA
determines that it has exha+_rsted all administrative
remedies granted to UGRA in the adopted rules and
reg+_-latians, or by an applicant p+_rrs+_lant to R+_~1es and
Reg+_il at i on.
1.3 "R+_~les and Reg+_~latians" ar "p'rogram" means the
req+_~irements for the administration and operation of the
Kerr County DSSF F~'rogr~am as adopted, toy the F:err Co+_~nty
Commissioners Co+_trt.
1.4 "General Manager" as that term is +_ised in this Agreement
means the Gener^al Manager oi= the UGI;A, his staff, agents,
cans+_iltants that may or~ will be involved in the exec+_tti.an
of the terms of this Agreement and the F',err Ca+_rnty OSSF
F'rogr•am.
AR'I"ICLE II
TERM/TERMINA7IOIV
E.1 The initial term of this Agreement shall be from October
1, 199, thro~_tgh September 3+Z~, 1997.
E. ~ This Agreement shall be r~enewed
action by any party hereto, for
{1) year each, commencing on the
1997, and the first day of every
~_tnless notice of cancellation is
hereto not less than ninety {9~->
commencement of the renewal term
~'..?, Either~ party may terminate this
action of the governing body oi=
fallowing which at least thirty
sixty {6~) days written notice
shall be delivered to the other
par^t y.
ARTICLE III
COIVTRACTE~ SERVICES
at.ttomatically, witho~_~t
s~_tccessive periods of one
first day of October,
s~_tbseq~_tent October~,
given by either party
days prior to the
in q~_testion.
Agreement at any time by
the appr^opriate party,
{3~> b~_tt not more than
~f the intent to terminate
party by the terminating
3. 1 Gener~al. UORA agrees to provide complete administr~ation
and open~ation to Kerr Co~_tnty of its OSSF [~'rogram,
incl~_tding bttt not limited to the fallowing:
S. 1. a. Maintenance of forms for applications far a
permit to constr~_tct an-site sewage facility,
review of the same 'For camp.liance with the r~~_~les
and reg~_t].ations of the Kerr Co~_tnty OSSF F'rogr~am;
and prep~~rat ion of a dec.lar^at ion o•F compliance,
or~ of a resolution of need for~ variance from the
r~_tles of the program.
~. 1. b. Assignment of the appl.i.catian to field services
for^ site inspection, constr~_tction condition and
installation overview, and eval~_tation of the
asb~_~ilt installation for final permitting or
rejection of same for~ non-compliance, with the
N.err Co~_tnty OSSF program.
3. i. c. Review of each application far location of any
st.tch OSSF and its related app~_~rtenances within
the flood plain bo~_indar^ies designated ar~
established by the Co'r^ps of Engineer^s.
3. 1. d. S~_tbdivision plat r~eview providing a certification
that the proposed plat meets any r^eq~_tir~ements of
the Kerr Ca~_tnty OSSF Program.
?~.E Administration of the F'rogr~am will be provided by the
General Manager~ of the UGRA thro~_tgh direct action and
thra~_tgh s~_tpervision of appropriate professional and
technical personnel., incl~_tding b~_tt not limited to, Seniar^
Water G!~_iality Specialist, Registered Sanitarians,
Cealagists, Field Inspectors and ather~ appr-•apr~iate
s~_tpport per~sonnel.
ti:,.,~ The General i~1t{nager, either directly or^ thr^a+_-gh personnel
operating +_~nder hi.s s,_-pervisian, shall provide fisc~cl
services in connection with this Agreement which will
incl~_-de, witha+_-t limitati.on, the col3.ection of fees and a
timely distrib+_-tion of same to appropriate receiving
a+_-tharities and an o~_-tside a+_-dit of the pr--ogr^am in
con,j~_-nctian with the ann+_-al o+_-tside a+_-dit of the UGRA
operations. Ten tip) copies of the OSSF Program a+_-dit
will be s~_-bmitted to the Co+_-nty within ten t1+Zi7 days
following acceptance of the a+_-dit by the UGRA Poar^d of
Direct ors.
,?,.4 G!+_-arter-ly reports on the program's activi.ti.es will. be
f+_-rnished to the Co~_-nty within SO days fallowing the end
of each q+_-arterly reporting per^iad, identified as ending
an December ;~1, March 51, ,7+_-ne ::,y7 and September ,~~ of
each year^.
ARTICLE ]:V
F'AYMEIVTS
4. 1 Payments by Kerr Ga+_-nty
~. 1. a, D+_-ring the fir^st year^ of operations pur^s~_tant to
this agr^eement, I'.er^r^ Co~_-nty agr^ees to pay UGRA a
s+_-m of ~~4~, ~~~. ~~- per^ year for administration of
the N.err Co+_-nty 05SE Program for the period of
October i, 1996 to September-- .?~, 1997, with st-ch
payment being d+_-e on October 1, 1996.
4. 1. b Sho+_-ld this agreement extend iota a second year,
Herr Co,_~nty agrees to pay UGRA a s+_-m of
'~,:,C, ~~0. ~0 per^ year far services for
administration of the h'.err^ Co+_-nty OSSF E'r-•ogr^am
far^ the per^iad of October^ 1, 1997 thr^a,_-gh
September .?,~, 1998, with s+_-ch payment being d+_-e
on October 1, 1997.
4. 1. c. 5ha+_-ld this Agreement extend beyond September 39,
1998, t~.er^r^ Ca,_inty agr^ees to pay USRA a s+_-m of
~uk~, ~-Z+~. ~V7 per year for services far
admi.ni.str^atian of the k'.err Ca+_-nty OSSF Program
far each fiscal year^ o•F October 1, 1998 to
September S~, 1999; October 1, 1999, to September
~~, `~-~~; and Or_taber 1, E~7~~ to September .?,~["~,
E~4~1, with the payment far s+_-ch services d+_-e an
the first day of fiscal year d~_-r'ing which the
Agreement is in effect.
1h. i. d. 5ho+_-1d this Agreement ter^minate p+_-rs+_-ant to pant
L. ?,, a pr^or^ated amo,_-nt of the fiscal year' s
ann~_-al ser^V 1Ce5 payment sha.l l be ref+_-nded from
UGRA to N:err^ Ca+_-nty ovithin fifteen tip) days
following the ter^mination date.
~-. 1. e. Sho~_i1d this Agr^eement extend beyond September 3-~,
c~~1, payments far^ ser^v ices, i.f any, sha7.1 be
s~_rb.ject to f~_rr^tl-rer agr^eement of the par^ties
p~_rrs~_rant to terms crf par^t 7. C. of this Agr-eement.
4. c Fees
4. ~:. a. In addition to the payments descr^ibed in part
4. 1. , UDRA is a~..~tliari~ed to collect, r^etain and
expend fees established by N.er^r^ Co~_rnty as part of
its DSSF Program.
4.c:. b When req~_~ested by UDRA, N.err Co~.inty agrees both
to consider UDRA proposals for^ ad.j~_rstment of
DSSF Program fees and to act to accept, madi.fy or
deny s~_rch r^eq~_~est within sixty {6~? day following
r^ece i pt .
AR"CICLE V
SPEC I AI_ CD(VD I T I OILS
v. 1 Administrative/Dperation Methodo}.ogy.
.~~. 1. a. The UDRA sha11 have sole and total a~_rthority to
admini.ster^ the DSSF R~_rles and Reg~_rl.ation adopted
by Herr Co~_rnty witho~_rt inter^ference or inp~_~t from
any other party or-• a~_rthar^i.ty ,_rnti}. s~_rch time an
Appeal is properly s~sbmitted to the 1'.er^r^ Co~_~nty
Commissioners Co~_rrt. Indi.vid+_ial members of the
1'.err Co~_~nty Commissioners Co~_rr^t, their agents and
employees shall r^efer^ all q~_-estions C-~nd matters
which come to their^ attention to the LlfURA and
members of the Co+_ir^t shall ,_rse their infl~_-ence
and good will to enco~_tr^age all applicants and
per^mittees to rescr].ve the iss~_re with the Genera].
Manager, when possible.
~. ].. b. The N.er^r C;o~_rnty Commissioners Coatrt will ass,_rme
f~_r1.1 responsibility for the application and
per^mitting process far any individ~_ra1
application, inc.l~_rding inspection of constr^~_lctlon
grid a}.}. other matters described i.n Article III of
this Agr^eement, ~_~pon the Co~_~r•t's receipt of a
wr^itten notice that iss~_tes on a partic~_~lar
application cannot be r^esolved by UDRA and the
above--noted appeal notice is delivered to the
Ca~_rrt.
~.~ R+_r}.es and Reg~_rlatians for the DSSF Program and other
pr^ograms r^elated to this Agr^eement shall be prom~_rlgated
by the Ca~_tnty and shall be consistent witt•r and at least
as stringent as standar^ds, r~..rles anti r^eg~_~lations
applicable to on-site sewage systems pr^om,_r}.gated by the
Texas hJat~_iral Reso~_rrce (~'onservation Commission and Texas
Depar^tment of Health. l"he Co~_inty agrees to pay or^ ca~_tse
to be pGaid to any professional or ter_hnical expert, any
fees relating to the revision ar-• amendment to the Ker^r-•
Co~_rnty DDSF !='rogram R~_rles and Regt.llatlons.
~. ,.~ UGRA may pr^esent the Ga+_~nty with 'r^eq+_~ests 'For amendments
ar modifications to the Ca+_~nty C15SF= p~r-•agr^am R+_~Ies and
Reg+_~lat i ons.
5.4 The UGRA agr-•ees to s+_ibmit the preli.mi.nary ann+_~al f+_inding
'r^eq+_~est na .1G~ter than the thir^c~ {Cr^d} Wednesday of the
month of J+_~1y of each year-- of this Agreement and ever^y
year-• ttrer^eafter +_cntil July c~~~; and shall s+_rbmit the
final req+_~est far f+_~nding no later than the third {3r^d}
WednesdL~y of the month of A+_~g+_~st of each year of this
Agr^eement and every year thereafter +_~nti}. A+_-g+_~st ~~'-~4'~.
5. ~ The Co+_tnty agrees •ta allow UGRA to form var^ia~_~s advisory
boards and/or standing or ad hoc committees it deems
necessary to assist with the effective and efficient
delivery of the services set a+_~t herein, and shall give
I:err^ Ca+_tnty the option of appointing one of its affice•+^s
or^ agents to sit an any s+_tch board or^ committee. UGRA
agrees to notify al.l member of s+_ich committees or board.=_.
in writing seventy-two ha+_~rs i.n advance of the meetings
of s+_~ch boards or^ committees +..-nless an emergency exists,
ar7d tt-~e UGRA will nati.fy all member^s telephonically not
less than three {3) ho+_~r^s before s+_~ch an emergency
meeting. The Ca+_~nty agrees t:a Fear r-~epor^ts from the
board or committee at its next reg~_~.lar sched+_;Ied meeting,
b+.~t it neither-• obligated nor required to adapt the
action ar r^ecammendation of the advisory board ar
committee.
ARTICLE VI
INDEF~ENDENT CONTRACTOR
E+« 1 }:n performance of its cibl.igati.ans her°e,_tnder, the UGRA is
an independent contractor with the excl+_~sive right to
administer, operate and eval+_~ate the performance of the
I',err^ Co+_-nty OS Sr p~ragram. The Co+_rnty shall Tool{ to the
UGRA for^ res+_~}.ts on}.y and shall not have the r-•ight at any
tuna to direct or s+_-pervise the UGRA General i~lanager^ or
any of the UGRA per°•sonnel, agents, employees ar
professional and/or technical cons+_~ltants employed by
UGRA an the delivery of the services as set a+_~t herein in
the performance of s+_~ch services ar as to the manner,
means or-• methodology in which the services ar-•e performed.
ARTICLE VII
GENERAL CONDITIONS
7. i In case any one or more of •Fhe provisions contained in
this Agreement sha}.l for any reason be held to be invalid,
illegal or^ enforceab.le in any respect, s+_~ch invalidity,
i 1 }.egal ity or +_~nenfarceabi ]. ity sha}.l not effect ar7y other
provision hereof and this Agreement shall be cons•~rr+_~ed as if
s+_~ch invalid, illegal. ar +_rnenfarceable pr^avisi.an had neve-.r been
canf.:aineci her^ein.
7.E This Agr^eement canstit~_~tes the sole and only agreement o1=
the par^ties her^eto and s+_tper^sedes any pr^inr~
~.ander^star+dings or wr^itten or^ or^al agreements betw~ien
ttiE parties with respect to the s+_~b.ject matter her-•eof.
7. G "this Agreement may be amended fr^om time to time by m+_ct+_~al
consent, with any s+_-ch amendments being attached to tl-•~e
originals of the Agreement ~f~ol.lowing exec+_~tion.
7. r+ "Phis Agreement is exec+_~ted i.n d~_~plicate originals 4vi.tl-~
one ar^iginal to be retained by each party.
7.~ Any rfotices r^eq+_~ir^ed to be sent +_inder the ter-•ms cat this
Agreement shall be sent as follows:
Kerr Ca+.tnty: J~_idge Robert A. Denson
h',err Co'_-nty J+_~dge
Kerr Co+.{nty Ca+_trtho+_~se
I;errv i 11 e, Texas 78~~8
UGRA Jim T. Dr-~awn, General Manager
UGRA Admin. Offices
Kerry i 11 e, Texas 780c`.'8
Notices may be delivered toy act+_-al delivery, cer^tified
mail, facsimile, or-• other appropriate method creating a
recor^d of the date of delivery.
AP'P'ROVAL
AP'P'ROVED AND ORDERED By The Commissioners Co~_~rt of I.er^r Co~_lnty
This `~~nd day of J'+_kl y, i.9G6.
COUNTY OF N,F_RR
E~y:/s/ Rober^t A. Denson
/t/ Rober-•t A. Denson
ATTEST:
/5/ F'ATRIGIA DYE, COUNTY CL_ERN.
lt/ E'ATRTCIA DYE, CDUhdT`{ CLERK
By:/s/ Esther R. Gar^ a, dep+_~ty
/t/ Esther' R. Cesar^~a
APF"'RDI,'ED AND ADORTEI) Ny the Upper- G+_~adal+_ipe River A~_~thor^i.ty
Poard of Directors this day of , 1396.
UP'F'E R GUADAL_UF'E RIVE R
AUTHORITY
Hy:/s/John R. Mosty
/t/John R. Most y, F'residen~L-
ATTEST:
/S/ Georgia H. Chr^istley
/t/ Georgia H. Chr^istley, Secretary-Treas+_~rer
RE'P'ROVED AS TD FORM
H}+:: s/ McGinnis, L_oct-,ridge, & t',i.lgore
t/ h1c:•Ginni.=_>, L_ochridge, & r; i. ].gore, L_. L. F'.
STATE OF TEXAS }
COUNTY OF KERB }
INTERGOVERNMENTAL AGREEMENT
FOR OPERATION OF
KERR COUNTY OSSF PROGRAM
This Agreement is entered into on this day of 1996,
pursuant to the terms of Chapter 741 of the Texas Government Code, by and between the
Commissioners Court of Kerr County, hereinafter called "the County", and the Upper
Guadalupe River Authority, hereinafter called "UGRA", for the purpose of providing
certain services relating to the operation of the On-Site Sewage Facility Program,
hereinafter called "OSSF".
WHEREAS, the County has been designated as the Program Provider for Kerr
County by the Texas Natural Resource Conservation Commission; and
WHEREAS, the County finds it in the best interest of the health and welfare of its
residents, absentee property owners, visitors and guests, to maintain the OSSF Program
effectively and efficiently; and
WHEREAS, the County finds that such effective operation of the program will
provide good environmental health practices which ultimately will promote safeguards for
the area's public drinking water standards; and
WHEREAS, UGRA's territorial jurisdiction is the same as the County's; and
WHEREAS, UGRA has an established environmental services program consisting
of Registered Sanitarians, Limnologists and other water quality specialists; and
WHEREAS, UGRA has expressed a willingness to operate the program on behalf
of the County; and
WHEREAS, the public health, safety and welfare of the citizens of Kerx County
would be best served by both parties entering into this Intergovernmental Cooperation
Agreement pursuant to the authority granted by Chapter 741 of the Texas Government
Code (the Texas Intergovernmental Cooperation Act).
Intergovernmental Agreement for Operation of Kerr County OSSF Program
Page 2
NOW THEREFORE, be it resolved that Kerr County and the Upper Guadalupe
River Authority enter into this Intergovernmental Cooperation Agreement for the
administration and operation of the Ken County OSSF Program.
ARTICLE I
DEFINITIONS
1.1. "Sole and Total Authority" to operate the OSSF Program adopted by Kerr County
means that UGRA has complete authority granted by this Agreement to administer
the Rules and Regulations of the Kerr County OSSF Program without interference
or input from any other person or authority, including members of the Kerr County
Commissioners' Court, its agents, designees or employees of Kerr County, their
agents, designees or employees or co-employees.
1.2. "Appeal" means that element of the application or permitting process where the
applicant/penmittee and UGRA have been unsuccessful in reaching an amicable
agreement on the design, construction methodology or any other aspect of the
installation of an OSSF unit in accordance with the rules and regulations adopted
by the County. Such an Appeal shall be initiated by the UGRA when UGRA
determines that it has exhausted all administrative remedies granted to UGRA in
the adopted rules and regulations, or by an applicant pursuant to the Rules and
Regulations.
1.3. "Rules and Regulations" or "Program" means the requirements for the
administration and operation of the Kerr County OSSF Program as adopted, by the
Kerr County Commissioners Court.
1.4. "General Manager" as that term is used in this Agreement means the General
Manager of the UGRA, his staff, agents, consultants that may or will be involved
in the execution of the terms of this Agreement and the Kerr County OSSF
Program.
Intergovernmental Agreement for Operation of Kerr County OSSF Program
Page 3
ARTICLE II
TERM/TERIYIINATION
2.1. The initial term of this Agreement shall be from October 1, 1996, through
September 30, 1997.
2.2. This Agreement shall be renewed automatically, without action by any party
hereto, for successive periods of one (1) year each, commencing on the first day of
October, 1997, and the first day of every subsequent October, unless notice of
cancellation is given by either party hereto not less than ninety (90) days prior to
the commencement of the renewal term in question.
2.3. Either party may terminate this Agreement at any time by action of the governing
body of the appropriate party, following which at least thirty (30) but not more
than sixty (60) days written notice of the intent to terminate shall be delivered to
the other party by the terminating party.
ARTICLE III
CONTRACTED SERVICES
3.1. General. UGRA agrees to provide complete administration and operation to Kerr
County of its OSSF Program, including but not limited to the following:
~. l.a. Maintenance of forms for applications for a permit to construct an on-site
sewage facility, review of the same for compliance with the rules and
regulations of the Kerr County OSSF Program; and preparation of a
declaration of compliance, or of a resolution of need for variance from the
rules of the Program.
3. l .b. Assignment of the application to field services for site inspection,
construction condition and installation overview, and evaluation of the as-
built installation for final permitting or rejection of same for non-
compliance. with the Kerr County OSSF Program..
Intergovernmental Agreement for Operation of Kerr County OSSF Program
Page 4
3.1.c. Review of each application for location of any such OSSF and its related
appurtenances within the flood plain boundaries designated or established
by the Corps of Engineers.
3.1.d. Subdivision plat review providing a certification that the proposed plat
meets any requirements of the Ken County OSSF Program.
3.2. Administration of the Program will be provided by the General Manager of the
UGRA through direct action and through supervision of appropriate professional
and technical personnel, including but not limited to, Senior Water Quality
Specialists, RegisteredSanitarians, Geologists, Field Inspectors and other
appropriate support personnel.
3.3. The General Manager, either directly or through appropriate personnel operating
under his supervision, shall provide fiscal services in connection with this
Agreement which will include, without limitation, the collection of all fees and a
timely distribution of same to appropriate receiving authorities and an outside audit
of the program in conjunction with the annual outside audit of the UGRA
operations. Ten (10) copies of the OSSF Program audit will be submitted to the
County within ten (10) days following acceptance of the audit by the UGRA Board
of Directors.
3.4 Quarterly reports on the program's activities will be furnished to the County within
30 days following the end of each quarterly reporting period, identified as ending
on December 31, March 31, June 30 and September 30 of each year.
ARTICLE IV
PAYMENTS
4.1 Payments by Kerr County.
4.1.a. During the first year of operations pursuant to this agreement, Kerr County
agrees to pay UGRA a sum of $40,000.00 per year for administration of
the Kerr County OSSF Program for the period of October 1, 1996 to
September 30, '997, with such payment being due on October 1, 1996.
Intergovernmental Agreement for Operation of Kerr County OSSF Program
Page 5
4.1.b. Should this agreement extend into a second year, Kerr County agrees to
pay UGRA a sum of $35,000.00 per year for services for administration of
the Ken County OSSF Program for the period of October 1, 1997 through
September 30, 1998, with such payment being due on October 1, 1997.
4.I.c. Should this Agreement extend beyond September 30, 1998, Kerr County
agrees to pay UGRA a sum of $30,000.00 per year for services for
administration of the Kerr County OSSF Program for each fiscal year of
October 1, 1998 to September 30, 1999; October 1, 1999 to September
30, 2000; and October 1, 2000 to September 30, 2001, with the payment
for such services due on the first day of the fiscal year during which the
Agreement is in effect.
4.1.d. Should this Agreement terminate pursuant to part 2.3, a prorated amount
of the fiscal yeaz's annual services payment shall be refunded from UGRA
to Kerr County within fifteen (15) days following the termination date.
4.1.e. Should this Agreement extend beyond September 30, 2001, payments for
services, if any, shall be subject to further agreement of the parties pursuant
to the terms of part 7.3. of this Agreement.
4.2. Fees
42.a. In addition to the payments described in part 4.1., UGRA is authorized to
collect, retain and expend fees established by Kerr County as part of its
OSSF Program.
4.2.b. When requested by UGRA, Kerr County agrees both to consider UGRA
proposals for adjustment of OSSF Program fees and to act to accept,
modify or deny such requests within sixty (60) days following receipt.
ARTICLE V
SPECIAL CONDITIONS
5.1. Administrative/Operation Methodology.
S.l.a. The UGRA shall have sole and total authority to administer the OSSF
Rules and Regulations adopted by Kerr County without
interference or input from any other party or authority until such time an
Appeal is properly submitted to the Ken County Commissioners
Court. Individual members of the Kerr County Commissioners Court, their
agents and employees shall refer all questions and matters which come to
Interngovernmental Agreement for Operation of Kerr County OSSF Program
Page 6
their attention to the UGRA and members of the Court shall use their
influence and good will to encourage all applicants and pernuttees to
resolve the issue with the General Manager, when possible.
S.l.b. The Kerr County Commissioners Court will assume full responsibility for
the application and permitting process for any individual application,
including inspection of construction and all other matters described in
Article III of this Agreement, upon the Court's receipt of a written notice
that issues on a particular application cannot be resolved by UGRA and the
above-noted appeal notice is delivered to the Court.
5.2. Rules and Regulations for the OSSF Program and other programs related
to this Agreement shall be promulgated by the County and shall be consistent with
and at least as stringent as standards, rules, and regulations applicable to on-site
sewage systems promulgated by the Texas Natural Resource Conservation
Commission and Texas Department of Health. The County agrees to pay or cause
to be paid to any professional or technical expert, any fees relating to the revision
or amendment to the Kerr County OSSF Program Rules and Regulations.
5.3. UGRA may present the County with requests for amendments or modifications to
the County OSSF Program Rules and Regulations.
5.4. The UGRA agrees to submit the preliminary annual funding request no later than
the third (3rd) Wednesday of the month of July of each year of this Agreement and
every year thereafter until July 2000; and shall submit the final request for funding
no later than the third (3rd) Wednesday of the month of August of each year of
this Agreement and every year thereafter until August 2000.
5.5. The County agrees to allow UGRA to form various advisory boards and/or
standing or ad hoc committees it deems necessary to assist with the effective and
efficient delivery of the services set out herein, and shall give Kerr County the
option of appointing one of its officers or agents to sit on any such board or
Intergovernmental Agreement for Operation of Kerr County OSSF Program
Page 7
committee. UGRA agrees to notify all members of such committees or boards in
writing seventy-two hours in advance of the meetings of such boards or
committees unless an emergency exists, and the UGRA will notify all members
telephonically not less than three (3) hours before such an emergency meeting.
The County agrees to hear reports from the board or committee at its next regular
scheduled meeting, but is neither obligated nor required to adopt the action or
recommendation of the advisory board or committee.
ARTICLE VI
INDEPENDENT CONTRACTOR
6.1. In performance of its obligations hereunder, the UGRA is an independent
contractor with the exclusive right to administer, operate and evaluate the
performance of the Kerr County OSSF Program. The County shall look to the
UGRA for results only and shall not have the right at any time to direct or
supervise the UGRA General Manager or any of the UGRA personnel, agents,
employees or professional and/or technical consultants employed by UGRA on the
delivery of the services as set out herein in the performance of such services or as
to the manner, means or methodology in which the services are performed.
ARTICLE VII
GENERAL CONDITIONS
7.1. In case any one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision hereof and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision
had never been contained herein.
7.2. This Agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understandings or written or oral agreements between the
parties with respect to the subject matter hereof.
7.3. This Agreement may be amended from time to time by mutual consent, with any
such amendments being attached to the originals of the Agreement following
execution.
Intergovernmental Agreement for Operation of Kerr County OSSF Program
Page 8
7.4. This Agreement is executed in duplicate originals with one original to be retained
by each party.
7.5. Any notices required to be sent under the terms of this Agreement shall be sent as
follows:
Kerr County: Judge Robert A. Denson
Kerr County Judge
Kerr County Courthouse
Kerrville, Texas 78028
UGRA Jim T. Brown, General Manager
UGRA Admin. Offices
Kerrville, Texas 78028
Notices maybe delivered by actual delivery, certified mail, facsimile, or other
appropriate method creating a record of the date of delivery.
APPROVAL
APPROVED AND ORDERED By The Commissioners Court Of Kerr County This
22nd day of ,T„~Y 1996.
COUNTY OF KERR
ATTEST:
By:
PATitICIA DYE, COUN'T'Y CLERK
Ro ert A. Denso ,County Judge
~ - ~ ,~ ~ ~ ~
Patn Dyk,~ n Clerk
BY;r;„~ / ' TePutY
Intergovernmental Agreement for Operation of Kerr County OSSF Program
Page 9
APPROVED AND ADOPTED By the Upper Guadalupe River Authority Board of
Directors this day of , 1996.
UPPER GUADALUPE RIVER
AUTHORITY
By:
John R Mosty, President
ATTEST:
Georgia H. Christley, Secretary-Treasurer
APPROVED AS TO FORM
By:
McGinnis, Lochridge, & Kilgore, L.L.P.
ORDER NO. 23457
APPROVAL OF TNTERLCCAL AGREEN~IT
BE`IWEE~I KERB COUNTY AND UGRA
RF~',ARDING ~]-SITE SEWAGE FACILITIES
AND AUTHORIZE THE COUNTY JUDGE ~
SIGN 5AI~
July 22, 1996
Vol U, Page 563