ORDER NO. ~=',7~b'~
AF't='ROYAL- TO RUTHORIZE COUNTY RTTORtJEY
TO PURSUE CIVIL_ LAW SUIT
RGRINST SRNTOS HERNRNDEZ
On this thi= 1Oth day of November 199n, upon motion made by
Commi.ssi.crner t-lo].ekamp, seconded 6y Ccmmissi.oner Oehler, the
Cu~..rrt unanimo~_rsly approved 6y a vote of °.,-0-0, to ai.rthori-r_e
Coy-inty Attorney to p~..v-s_ie civil law s~_iit against Santos
Hernandez, Rt. 7., Rox £i9c-4, Comfort, Te><as, who allegedly
violated on--site sewage ri_~les.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COt~RT
MADE BY: DA~~~ ~'".°'-~~ y
MEETING DATE:
//-/2-9L
SUBJECT~:A (PL
E BE SPECIFIC)
OFFICE:
emu. fFr-rY
TIME PREFERRED: /t•~++. _
EXECUTIVE SESSION REQUESTED: YES / NO
PLEASE' STATE REASON FOR EXECUTIVE SESSION ~~~~'~
ESTIMATED LENGTH OF PRESENTATION: ~~~
...~
~'ERSONNEL !'"ATTER - NAME OF EMPLOYEE: ,~.Q
NAME OF PERSON ADDRESSING THE COURT: ~ ~~ ~~ /
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
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON : ~
All Agenda Requests will be screened by the County Judge's Office to determine if
adequate information has been prepared f:,r the Court's formal consideration and action
at time of Court meetings. Your cooperation w111 be appreciated and contribute towards
your request being addressed at the earliest opportunity. See Agenda Request
Guidelines.
CAUSE NO.
Kerr County. Texas
PLAINTIFF
VS.
Santos Hernandez,
DEFENDANT
)( IN THE DISTRICT COURT
)(
)( OF KERR COUNTY, TEXAS
)(
)(
)( JUDICIAL DISTRICT
PLAINTIFF'S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF THIS COURT:
Kerr County, Texas, Plaintiff, represented herein by its Couny Attorney, files this its
Original Petition complaining of Samos Hernandez, an individual, who maybe served by
delivery of citation to Rt. 1, Box 892-4, Comfort, Texas, and for cause would show this Honorable
Court as follows:
L
SUMMARY OF FACTS
On or abom February 10, 1994, withom a permit from P1airRiff and in violation of The
Rules and Regulation of Kerr County, Texas, for On-Site Sewage Facilities (effective October 1,
i992), Sec. 10.02 and the Texas Heahh and Safety Code, Chapter 341, Defendam cammeaced
operation and utilization of a septic system Defendam had installed at his residence located at Rt.
I, Box 892-4, Comfort, Texas. The operation and utilization of said septic system continues to
this day.
Defendam had been, prior to the installation, connection, and utilization thereof,
repeatedly contacted by Plaintiff s employees concerning the requirements of the Texas Heahh and
Safety Code, Sec. 341.091 (a) and'Ihe Rules and Regulations of Kerr Coumy, Texas for On Site
Sewage Facilities (effective October 1, 1992), Sec. 10.02, with respell to on-site sewage facilities
in Kerr Couny, Texas, such as that proposed to be constructed, operated and utilized by
Defendam at said location. Defendam, withom justification or excuse, has failed to comply with
said Texas Heahh and Safety Code and/or said Rules and Regulations of Kerr Coumy, Texas.
Plaintiff agents and employees reviewed the Defendams proposed plans and proposals for
the construction and operation of said on-site sewage system by the Defendam and numerous
meetings were initiated by Plaintiff with Defendam in an attempt to obtain compliance with the
Texas Heahh and Safety Code and Rules and Regulations of Kerr Couny, Texas as set forth
above.
Defendant is well familiar with the requirements of said statutes, rules and regulations and
has previously convicted of the offense of Septic System Violation, being a violation of the Rules
and Regulations of Kerr Coumy, Texas, for On-Site Sewage Facilities (effective October 1, 1992)
Sec. 10.02, and the Texas Heahh and Safety Code, Chapter 341, on August 8, 1994, in Cause No.
94-00362, in the Justice of The Peace Court, Preciact No. 3, Kerr Coumy, Texas.
Defendant willfully, Imowingly and iateWianally, without justification or excuse, has
failed to obtain a permit from Plaintiff to permit Defendant to operate and utilize said on-site septic
system in violation of the Texas Heahh and Safety Code and The Rules and Regulations of Kerr
County, Texas, for the operation of On-Site Sewage Facilities as set forth above.
The Defendam has previously violated the provisicns of Chapter 341, Sec. 341.092, in
that the Defendam has previously been convicted ofthe offense of Septic System Violation, being a
violation of the Rules and Regulations of Kerr County, Texas, for On-Site Sewage Facilities
(effective October 1, 1992), and the Texas Heahh and Safety Code, Chapter 341, an August 8,
1994, in Cause No. 94-00362, m the Justice of'Ihe Peace Court, Precinct No. 3, Kerr Canty,
Texas.
II.
F[RST CAUSE OF ACTION
CIVII. ENFORCEMENT OF SEC. 341.092 OF THE TEXAS HEALTH AND SAFETY
CODE
follows:
Plaimiff would show as its FIRST CAUSE OF ACTION this Honorable Court as
Chapter 341, Sec. 341.092 of the Texas Heahh and Safety Code provides that the Texas
Department of Heahh is a necessary and indispensable party to this suit. Notice of Plai~iffs
Original Petition herein may be had on the Texas Departmant of heahh by deli very of citation tc
The Defendant has previously violated the provisions of Chapter 341, Sec. 341.092, in
that the Defendam has previously been convitted ofthe offense of Septic System Violation, being a
violation of The Rules and Regulations of Kerr County, Texas, for On-Site Sewage Facilities
(effective October 1, 1992), and the Texas Heahh and Safety Code, Chapter 341, on August 8,
1994, in Cause No. 94-00362, in the Justice of'Ihe Peace Court, Precinct No. 3, Kerr County,
Texas.
'Ihe violation of Chapter 341, Sec. 341.092, Texas Health and Safety Code and/or The
Rules and Regulations of Kerr Coumy, Texas, for On-Site Sewage Facilities (effective October 1,
1992), Sec. 10.02, is a public nuisance per se.
Defendam has repeatedly violated, and will continue to violate the said Texas Heahh and
Safety Code and the said Rules and Regulations of Kerr County, Texas, for On-Site Sewage
Facilities and will pose a continuing threat to the pubic safety and public welfare.
Defendants previous conviction of the offense of Septic System Violation, being a violaticn
of the Rules and Regulations of Kerr County, Texas, for On-Site Sewage Facilities (effective
October 1, 1992), and the Texas Health and Safety Cade, Chapter 341, an August 8, 1994, in
Cause No. 94-00362, in the Justice of The Peace Court, Precinct No. 3, Kea Cou~y, Texas,
demonstrates Defenda~s disregard for the public health and public safety. As a consequence,
Plaintiff asserts that Defendant will continue to disregard and violate the provisions of the Texas
Heahh and Safety Code and The Rules and Regulations of Kerr Cou~y, Texas, as set forth above
and that Plaimiff has no adequate remedy at law to hah Defendants unlawful use of said on-site
sewage facility.
III.
SECOND CAUSE OF ACTION
UNIFORM DECLARATORY JUDGEMENTS ACT
Pleading additionally and in the ahsmativa, and widrout waiving the relief requested of this
Honorable Court in Plaintiff First Cause Of Action set forth above, and incorporating by reference
herein the summary of facts set forth above in PlaiatiffFirst Cause Of Action as if fully set forth
below:
Kerr County, Texas, Plaintiff, petitions this Honorable Court pursuant to the Uniform
Declaratory Judgmerrts Act, Chapter 37 ofthe Civil Practice and Remedies Code of Texas for a
construction of the Texas Heahh and Safety Code, Sec. 341.091. (a} and The Rules and
Regulations of Kerr Cou~y, Texas, for On-Site Sewage Facilities (effective October 1, 1992),
Sec. 10.02, and a declaration that Defenda~ is not in compliance within the meaning of said
provision of the Texas Heahfi and Safety Code and/or within the meaning of said provision of The
Rules and Regulations of Kea County, Texas, for On-Site Sewage Facilities at the Defendants
residence at Rt. 1, Box 892-4, Comfort, Texas.
In support of this petition, Plaintiff shows as its SECOND CAUSE OF P.CTTON This
Honorable Court as follows:
Plaintiff request that this Honorable Cant ccnstrrre the Texas Heahh and Safety Code,
Sec. 341.091 (a) and The Rules and Regulations of Kea County, Texas for On-Site Sewage
Facilities (effective October 1, 1992), Sec. 10.02, and declare that Defenda~ dos not have a
permit to operate said on-site sewage facility located at Rt. 1, Box 892-4 Comfort, Texas, and that
the Defendant does not have authority to lawfully operate said on-site sewage facility at said
location.
An award of reasonable and necessary attorney's fees to Plaintiff would be equitable and
just under the facts and circumstances of this case and based on the actions of Defendam and
therefore authorized by Section 37.009 ofthe Civil Practice and Remedies Code.
WHEREFORE, Plaintiff requests that the Defendam be cited to appear and answer, and
that on final trial, Plaintiffhave the following:
Attorney's foes.
2. Costs of suit.
3. Civil penahies against Defeo t for not less than $10.00 or more than $1,000.00 for each
violation and for each day of a umg violation of Chapter 341 of the Texas Health and Safety
Code as determined by the+rie fad,
4. Defendam be c to appear and show cause that an such hearing, without bond or other
undertaking of the P mtiff as mandated by Sac. 341.092 (h) ofthe Texas Health and Safety Code,
a temporary a^~r«' be issued, arjoining Defendant from directly or indirectly, operating utilizing
or allowing the utilization of the an-site sewage facility located at Rt. 1, Box 892, Comfort,
Texas, his agents, servanrts, employees Or assigns from directly or indirectly utilizing or allowing
the utilization of the -site sewage facility located at Rt. 1, Box 892-4, Comfort, Texas.
5. A permanent injrmction, without bond or other rmdertaldng of the Plaintiff as mandated by
Sec. 341.092 (h) of the Texas Heahh and Safety Code, be ordered on final trial of this cause,
enjoining Defeodam from directly or indirectly, utilizing or allowing the utilization of the ao-site
sewage facility located at Rt. 1, Box 892f1, Comfort, Texas, his agents, servants, employees or
assigns from directly or indirectly operating, utilizing or allowing the utilisation of the cu-site
sewage facility located at 12t. 1, Box 8921, Comfort, Texas, in violaticn of Chapter 341 ofthe
Texas Health and Code and/or the Rules and Regulatim of Kerr County, Texas with respect to
On-Site Sewage Facilities.
6. A declaration that Defendam is rot m camopliance within the meaning of said provision of
the Texas Health and Safety Code Chapter 341, Sec. 341.092 and/or within the meaning of said
provision of'Ihe Rules and ]tegulations of Kerr County, Texas, for On-Site Sewage Facilities
(effective October 1, 1992), Sec. 10.02, at Rt. 1, Box 892-4, Comfort, Texas
7. Such other and firrdrer relief to which Plaintiff may be justly entitled.
Respectfully Submitted,
David Motley
Kerr County Attorney
State Bar No.1459590000
Kerr County Courthouse
Tel. 210-792-2220
Fax. 210-792-2228
Kerrville, Texas 78208
CAUSE NO.
Kerr County. Texas	x
PLAINTIFF	)(
	x
VS.	)(
	)(
Santos Hernandez,	u
DEFENDANT	K
IN T$E DISTRICT COURT
OF KERB COUNTY, TEXAS
JUDICIAL DISTRICT
ORDER SETTING HEARING
ON THIS DAY, KERR COUNTY, TEXAS, Plaintiff in the above entitled and numbered
cause, presented an application for temporary injunction in due form and manner.
ACCORDINGLY, IT IS ORDERED that Plaintiffs application for temporary injunction,
as contained in such petition, be heard before this Court at o'clock _. M., on the
day of .199,, in the courtroom ofthe district court, Kerr Couuty
Courthouse, Kerrville, Texas.
IT IS FURTHER ORDERED that the clerk of this Court issue notice for service on the
Defendam, Samos Hernandez, notifying him of the time and place of the hearing described above,
and commanding him to appear and show cause why the temporary injunction prayed for in the
Plaintiffs petition should not be grained.
SIGNED this day of .1996.
Order No. 23?09
Approval to Authorize County
Attorney to pursue CivilL•aw
Suit Against Santos :3ernandez
n?ovember 12, 1996
Vol L' pg ?86