ORAER NO. :?3.s92
AP'P'ROVAL OF AGREEh1ENT PERTAINING TO
LOTS 1 THROUGH 4 IN LOYAL VALLEY NO. 1
On this the 1st day of July 1996, upon motion made by
Commissioner Holekamp, seconded by Commissianer Lehman, the
Court unani~ously approved by a vote of 5-0-0, to approve the
Septic System Agreement pertaining to Lots 1 through 4 in
Loyal Valley No. 1, Kerr County, Texas and authorise the
County Judge to sign same.
S. PRESTON DOUGLASS, JR.
DAVID L. JACKSON
E. DWAINE MACHANN
RICHARD C. MosrY
EDGAR A. WALLACE
N. KECTH WILLIAMS"
WALLACE, MOSTY, MACHANN, ,JACKSON &WILLIAMS
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
TELEPHONE 210/896-3811
TELEFAX 21U/257-6119
820 MAIN ST., SUITE ]00
KERRVILLE,TEXAS 78028-5300
June 25, 1996
Honorable Robert A. Denson BY HAND DELIVERY
Kerr County Courthouse
Kerrville, TX 78028
Re: Estate of George J. Muck, Deceased
Cause No: 13920
Our File No: 6074.001
' BOARD CERTIFIED
FARM, RANCH, COMMERCIAL
AND RESIDENTIAL REAL ESTATE
"BOARD CERTIFIED
PERSONAL INJURY TRIAL LAW
Dear Judge Denson:
Enclosed is an original, signed Septic System Agreement
pertaining to Lots 1 through 4 in Loyal Valley No. 1, Kerr County,
Texas.
Please place same on the very next Commissioner's Court agenda
for consideration and approval.
Thank you.
Sincerely,
}fah---~ C~ ~,<,r~.~~~-~-..._
/mbo Ed'a A. Wallace
Encls: as stated
Copy to: Mr. James Ray Muck
Mr. Charles Digges
File (Septic System)
THE G UADAL U PE COMPANIES ~~~~~~~~~~~~~~
SURVEYING & SEPTIC SYSTEMS • 217-A Wast Water Street • Kerrville, Texas 78028-4262 • Telephone (2101696-1808 • Fax 898-3634
INITIAL SERVICE CONTRACT
AEROBIC SEPTIC SYSTEM
Guadalupe Wastewater Company will, for a period of two (2) years
beginning July 1, 1996, make twelve (12) premise visits per year for
the purpose of inspecting the septic system located at: 102, 104
and 106 Loyal Valley Drive, Kerrville,~Texas 78028.
The visits will consist of the following service terms:
Inspect the drain field.
Clean the air compressor and check for wear and/or vibration.
Check the fluid in the tank or tanks for color and/or unusual odor.
• Check the function of the chlorinator, and supply tablets.
• Test all alarm systems including the mercury float switches.
• Provide a written record of the visit to the homeowner.
• Provide written notice to the Health Department to show compliance with the
State regulations, where appropriate.
The term of this contract is for two (2) years and the cost is $840.00. This is an ongoing
contract which requires renewal as a condition of the operating license. The frequency
of the site visits may be reduced for future contracts at the discretion of the regulating
authority.
ACCEPTED ON: ~ ~ `~ ~ ~*'
Date
OFFERED ON: ~
ate
BY: -~.~-
o eowner
B -~-~
Guadalupe Wastewater pany
IlVIPORTANT: This warranty/service agreement does not cover additional service calls or
any labor and/or materials (other than items covered by a warranty) which are required:
due to "misuse" or "abuse" of the system; failure to maintain electrical power to the
system; sewage flows exceeding the hydraulic/organic design capabilities; disposal of non-
biodegradable materials; or as advised by the authorized service representative.
2loyalva.wps
~ J"

WALLACE, MOSTY, MACHANN, JACKSON Rt WILLIAMS
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
S. PRESTON DOUGLASS, JA. TELEPHONE 210/896-3511
DAVID L. JACKSON' TELEEAX 210/257-61]9
E. DWAINE MACHANN
RICHARD C MoslY
EDGAR A. WALLACE 820 MAIN ST., SUI'CE 100
N. KEFFH WILLIAMS •• KERRVILLE, TEXAS 78028-5300
June 25, 1996
Honorable Robert A. Denson &
Kerr County Commissioner's Court
Kerr County Courthouse
Kerrville, TX 78028
"BOARD CERTIFIED
FARM, RANCH, COMMERCIAL
AND RESIDENTIAL REAL ESTATE
•• BOARD CERTIFIED
PERSONAL INJURY TRIAL LAW
BY HAND DELIVERY
Re: Septic System Agreement Approval
Estate of George J. Muck, Deceased
Our File No: 6074.001
Dear Judge Denson:
Enclosed herewith is original of signed Septic System
Agreement which has been executed by the Estate of George J. Muck,
Deceased by James Ray Muck as Administrator with Will Annexed, the
current owner of the lots to be served by the septic system
variance granted by previous Commissioner's Court Order No. 23363
dated June 10, 1996.
Please place this on the agenda for the next Commissioner's
Court meeting for review and approval and execution of such
approval and acceptance by yourself on behalf of the Commissioner's
Court on page 3 thereof. Please be sure and have your signature
notarized on page 4. The copy of the Service Contract and
Maintenance Agreement for the septic system is attached as an
Exhibit to the Septic System Agreement.
Charles Digges will be representing Mr. Muck at the next
Commissioner's Court in regard to this matter.
I would assume that after Commissioner's Court has executed
it's approval and acceptance, the entire Agreement should then be
recorded in the Deed Records of Kerr County, Texas, and a certified
copy of same obtained from the County Clerk and furnished to the
Environmental Health Department for their file to authorize
licensing of the communal septic system when installation is
complete.
Please call me if you have any further questions.
Very truly yours,
~ ~ ~~~-`~
EAW/mbo Edg _, Wallace
Encls: as stated
Robert A • -- enson
_ Hoi~rab7-e 1996 (gaffe ~ 1
June 25 ~ 60'74.001
Bile No~
James Ray Muck
COPY tO' Mr• Charles Digges
Mr• Septic SYstem~
File
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SEPTIC SYSTEM AGREEMENT
(Lots 1, 2, 3 and 4 in Loyal Valley No. 1)
The following Agreement is hereby entered into by the current
owner of the Property described below upon the terms and provisions
set forth herein:
1. Current Owner. The current owner ("current owner") of
fee simple title to all of the Property described below
is the ESTATE OF GEORGE J. MUCK, Deceased, acting herein
through the undersigned JAMES RAY MUCK, acting as
Administrator with Will Annexed of such Estate pursuant
to the appointment and powers set forth in the Order
Admitting Will to Probate and Authorizing Letters of
Administration with Will Annexed dated July 28, 1993 in
Cause No. 13920 on the probate docket of the County Court
of Kerr County, Texas.
2. Property. The Property which is the subject of this
Agreement and which is now owned by the Estate of George
J. Muck, Deceased, comprises and includes 3 separate
residences located respectively on all of Lots 1 and 2
(being 102 Loyal Valley Drive, Lot 3 (being 104 Loyal
Valley Drive ) and Lot 4 ( being 106 Loyal Valley Drive ) in
Loyal Valley No. 1, as described in the recorded plat of
said subdivision, and being situated in Kerrville, Kerr
County, Texas, and all of such lots are herein
collectively referred to as the "Property". Any owner of
a residence served by the septic system is referred to as
"residence owner".
3. Installation of Communal Septic System. Current owner
agrees to promptly install at current owner's sole
expense a communal septic system ( "the septic system" ) to
be shared by and to provide sewage disposal service to
. the three residences now located on the Property. Design
and installation of the septic system shall be done by or
under the supervision of Charles Digges and Guadalupe
Wastewater Company and shall be in conformity to the
requirements of the Commissioner's Court of Kerr County,
Texas and applicable regulations as interpreted by the
Commissioner's Court of Kerr County, Texas. The septic
system shall be installed in conformity with the
authorization granted by Order No. 23363 of the
Commissioner's Court of Kerr County, Texas dated June 10,
1996, to grant a variance from the On-Site Sewage Rules
and Regulations for the Property contingent on
Maintenance Agreement protecting the public and
environment.
9\Muck\Agreement
4. Maintenance Expense. So long as the current owner owns
all of the Property, such current owner shall be
responsible for monthly maintenance and inspection
charges to insure that the communal septic system is
operating properly and in accordance with applicable
regulations. Each future owner of each residence located
on the Property shall be responsible for one-third of the
monthly maintenance and inspection charge, if any. In
event of default by any residence owner, the other
residence owners shall pay proportionately the amount of
such default. Such maintenance contract has been entered
into by current owner with Guadalupe Wastewater Company,
copy of which is attached hereto. Such contract is now
in full force and effect.
5. Obligations Continue; Lien for Payment. The obligations
and privileges provided herein in regard to the Property
and each tract comprising the Property shall bind each
future owner of each residence now located on the
Property. Each future residence owner shall be jointly
and severally liable to comply with the provisions of
this Agreement and to pay all of the monthly maintenance
charge for the maintenance contract and any renewal
thereof, and to pay any repair expense or replacement
expense which may be required from time to time so long
as such future owner is an owner of such residence. Any
residence owner who fails to pay his or her share of any
such expenses and charges ("defaulting owner") shall be
liable to the other non-defaulting residence owners for
the amount of such default plus 18$ interest thereon plus
all attorney's fees and court costs incurred by non-
defaulting residence owners to recover such expenses and
charges. Each non-defaulting residence owner shall have
a lien on the defaulting residence owner's lot or lots,
enforceable by non-judicial power of sale, to secure the
payment of any such charges and expenses paid by the non-
• defaulting residence owner on behalf of the defaulting
residence owner. These obligations and agreements shall
run with the land. Failure of any residence owner to
comply with this Agreement or to make the payments
required shall cause such Owner's residence to be subject
to disconnection from the septic system. Such defaulting
residence owner shall also be subject to any further fees
and penalties as may be available under the laws of the
State of Texas then existing and the ordinances and
regulations of the County of Kerr as may then be
applicable.
6. Joint Use. Any residence owner shall have the right to
be connected to such communal septic system and to use
9\MUCk\Agreement
same without any other charge except as stated herein so
long as such residence owner's payment of charges and
expenses hereunder are current and not in default.
7. Recording. This Agreement shall be recorded in the Real
Property Records of Kerr County, Texas.
SIGNED this . ~t ~ day of J~,ti~E~ , 1996 .
ESTATE OF GEORGE J. HTJCK,~DECEASED
BY : i ..~ C. /~i~.r
J S RAY MUC , A i istrator
wi Will Attached, urrent Owner
THE STATE OF TEXAS ~§
COUNTY OF KERR ~
This Agreement was acknowledged before me this ~y~ day of
~~~,~~ , 1996, by JAMES RAY MUCK, in the capacity stated.
,`:~";°~~;_ MARY B. (?EDEN ~~~ ~>/,
-.: •' MY CCM6MlSSION IXPIRES GG L~~, -t~.L~~l•'~_
~s~E'F ~~?~ January 3l, 1997 Notary Pu ic, State of Texas
Approval and Acceptance by
Commissioner's Court of Rerr County, Texas
The foregoing Septic System Agreement and the service contract
for maintenance attached thereto has been reviewed by the members
of the Commissioner's Court (the "Court"). The Court finds that
same is in compliance with the Court's Order No. 23363 dated June
10, 1996. The Court further hereby accepts and approves the Septic
System~Agreement and authorizes JAMES RAY MUCK to proceed with
installation of the septic system described the ein.
~~ 1996
SIGNED AND APPROVED this ~' day of ,
COMM IONER'S C RT OF KERR COUNTY
TEXAS
BY:
BO RABL R E T ENSON, County
Ju a of Kerr County, Texas
9\Muck\Agreement 3
THE STATE OF TEXAS §
COUNTY OF KERR §
This Agreement was acknowledged before me this ~ day of
1996, by HONORABLE ROBERT DENSON, in the capacity
st"ted.
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NOTARY PUBL;C
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Comm. Exp. Ol•0~•99
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JUL ° 2 1996
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9\Muck\Agreement 4
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: Edgar A. Wallace
MEETING DATE: JULY 1. 1996
SUBJECT: (PLEASE BE SPECIFIC)
OFFICE:
TIlVIE PREFERRED:
Consider and discuss Septic System Agreement pertaining to Lots 1 through 4
in Loyal Valley No. 1, Kerr County, Texas 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: Charles DiggesBdgar A. Wallace
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:
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.
ORDER ~' 23392 TO
~ Am Y~~~'OY N0, 1
~~~ 4 ~ TA
July 1. 1996
Vol U. paae 519