ORDER NO. ~:~,457
AF~F~ROVAL OF INTERLOCAL AGREEMENT BETWEEN F'.ERR
COUNTY AND UGRA REGARDING ON-SITE SEWAGE FACILITIES
AND AUTHORIZE THE COUNTY JUDGE TO SIGN SAf~(E
On this the ~.:,rd day of .7~..~1y 1996, ~_ipon motion made by
Commissioner Holekamp, seconded by Commissioner Oehler, the
Co~_tr,t unanimously approved by a vote of 4-~-~, to ~~pprove the
interlocal agreement between Ker~r-• Co~_~nty and UGRA r-~egarding
On-Site Sewage Facilities and a~_~thori~e the Co~_~nty J~_~dge to
said doc~_~ment.
STATE OF TEXAS }
COUNTY OF KERR }
INTERGOVERNMENTAL AGREEMENT
FOR OPERATION OF
KERR COUNTY OSSF PROGRAM
This Agreement is entered into on this 22nd day of July 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 Kerr 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 Kerr 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/permittee 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 Ken 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/TERIVIINATION
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:
3.1.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 Kerr 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, Registered Sanitarians, 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 Kerr County OSSF Program for the period of October 1, 1997 through
September 30, 1998, with such payment being due on October 1, 1997.
4.1.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 year'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
4.2.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 Kerr County Commissioners
Court. Individual members of the Ken 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 permittees 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 Ken 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 Ken 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 may be 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„~~, 1996.
COUNTY OF KERR
ATTEST: ~~
P CIA DYE, COUNTY C,~RK Bye
/~} Ro ert A. Denso ,County Judge
Patn~Y ~. my Clerk
g eputy
Intergovernmental Agreement for Operation of Kerr County OSSF Program
Page 9
APPROVED AND ADOPTED By the Upper Guadalupe River Authority Board of
Directors this 22nd day of July .1996.
UPPER GUADALUPE RIVER
AUTHORITY
n R Mosty, President
ATTEST:
~ a.,~ ~-
Georgia H. Christley, Secretary-Treasurer
APPRO D AS TO FORM
By: ~.._"
McGinnis, Lochridge, & Kilgore, L.L.P.
October 10, 1996
The Honorable Robert A. Denson
Kerr County Judge
Kerr County Courthouse
700 Main Street
Kerrville, Texas 78028
Dear Judge Denson:
Attached for your file is an executed original of the Intergovernmental Agreement for
Operation of the Kerr County OSSF Program.
Sincerely,
~. ~ ~~
M. K. Olsen
Executive Assistant
Attachment
Filed ____ Day of A D 19 _.. IME
PATRIGIr, ;!~'E:
erk Co ry Court, err L' n , le.~x.
E~)'. ~~j
P.O. Box 1278 215 West Water Street Kerrville, Texas 78029-1278 (210) 896-5445 Fax (210) 257-2621

COMMISSIONERS' COURT AGENDA REt?UEST
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY: Robert A. Denson OFFICE
MEETING DATE: July 22, 1996
SUBJECT: (PLEASE BE SPECIFIC) *
(County Judge
TIME PREFERRED:
Consider and discuss Interlocal Agreement with UGRA regarding On-Site Sewage Facilities and
authorize the County Judge to sign same.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: (Coon Judge)
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 RECENED ON:
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.