ORDER N0. `5~~b
INTER-LOCAL AGREEMENT
FOR OPERATION OF
IiERR COUNTY OSSF PROGRAM
On this the `4th day of J+_ine 19SS, upon motion made by
Commissioner Williams, seconded by Commissioner Paldwin, the
Co+_~rt +_~nanimo+_~sly approved by a vote of 4-~+-L~, the
I~+ter~-Local Agreement for Operation of Herr Go+_lnty OSSF
Program with the City of Center Point and a+_~thori~e
County Judge to sign same.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Fred Henneke OFFICE: County Judge
MEETING DATE:
June ,k~1999
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SUBJECT: (PLEASE BE SPECIFIC)
TIME PREFERRED:
Consider and discuss Inter-Local Agreement with City of Center Point for enforcement of Kerr
County OSSF Rules.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
County Judge
PERSONNEL MATTER -NAME OF EMPLOYEE:
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.
THE STATE OF TEXAS §
THE COUNTY OF KERB §
INTERGOVERNMENTAL AGREEMENT
FOR OPERATION OF
KERB COUNTY OSSF PROGRAM
This Agreement is entered into on this 2 ~~ day of June, 1999,
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 City of Center Point, hereinafter called "City", 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 fmds 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, the City is located within the territorial jurisdiction of Kerr
County and has not adopted an On-Site Sewage Facility
Program; and
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WHEREAS, the Upper Guadalupe River Authority ("UGRA")
territorial jurisdiction is the same as the County's; and
WHEREAS, UGRA operates the OSSF 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).
NOW THEREFORE,
be it resolved that Kerr County and the City enter into this
Intergovernmental Cooperation Agreement for the
administration and operation of the Kerr County OSSF
Program in the City.
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 City, its agents, designees or
employees, 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
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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' Courts and amended from
time to time.
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 Kerr County OSSF Program.
ARTICLE II
TERM/TERMINATION
2.1 The initial term of this Agreement shall be from June 14, 1999, through
September 30, 1999.
2.2 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. County through the UGRA agrees to provide complete
administration and operation to City 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.
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3.1(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.
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.
3.2 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.
ARTICLE IV
PAYMENTS
4.1 Payment by City:
4.1(a) City agrees to pay Kerr County the sum of $1.00 for
administration of the Kerr County OSSF Program in the City for
the term of this Agreement, with such payment being due on July
1, 1999.
4.1(b) Should this Agreement extend beyond September 30, 1999, City
agrees to pay Kerr County a sum to be agreed upon for services
for administration of the Kerr County OSSF Program for the
fiscal year of October 1, 1999 to September 30, 2000, with the
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payment for such services due on the first day of the fiscal year
during which the Agreement is in effect.
4.2 Fees:
4.2(a) UGRA is authorized to collect, retain and expend fees
established by Kerr County as part of its OSSF Program.
ARTICLE V
SPECIAL CONDITIONS
5.1 Administrative/Operation Methodology:
5.1(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 as an Appeal is properly submitted to the Kerr County
Commissioners' Court. Individual members of the
Commissioners of the City, their agents and employees shall
refer all questions and matters which come to their attention to
the UGRA and shall use their influence and good will to
encourage all applicants and permittees to resolve the issue with
the General Manager, when possible.
5.1(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.
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ARTICLE VI
INDEPENDENT CONTRACTOR
6.1 In performance of its obligations, the UGRA is an independent
contractor with the exclusive right to administer, operate and evaluate
the performance of the Kerr County OSSF Program. The City shall
look to the UGRA for results only and shall not have the right at any
time to direct or supervise the UGR.A 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.
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:
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Kerr County: Judge Fred Henneke
Kerr County Judge
Kerr County Courthouse
700 Main
Kerrville, Texas 78028
City of Center Point Mayor Mary Shults
Mayor of the City of Center Point
P.O. Box 219
Center Point, Texas 78010-0219
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, Texas this ~ day of June 1999.
COUNTY OF KERR
B•
Fred Henneke, err County Judge
TEST:
~~
.~ ~,~~a~~~~ieper, County Clerk
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APPROVED AND ADOPTED by the Commissioners' of the City of
Center Point, Texas this~_ day of .1 G r~ ~ , 1999.
CITY OF CENTER POINT
B
Mary Shul ,Mayor of Center Point
ATTEST:
CITY SECRETARY `~~ ~'`
`~/
~ YLL
B
APPROVED AS TO FORM
By:
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~- - \~/~
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:=J_<<
o~~~+lv oI
COUNTY JUDGE
FRED HENNEKE
COMMISSIONERS COURT
H. A. "BusTEe" BALDWPI, PcT. 1
WILLIAM "BILL" WILLIAM, PCT. 2
JONATHAN LETZ, PCT. 3
LARRY GRIFFIN, PCf. 4
Mr. John Monty
Commissioner
City of Center Point
P.O. Box 219
Center Point, Texas 78101-0219
THE COUNTY COURT
OF
KERR COUNTY, TEXAS
700 (v1A1N KERRVtLLE. TEXAS 78028
TFL: (830) 792-2211
Fnx:(830)792-2218
E-ntnn.: kcrtcocc@a-omega.nct
June 7, 1999
CLERK
JEANNETT PIEPER
ADMPIISTRATIVE ASST.
'IyIEA SovtL
Re: OSSF Program
Dear John:

of the Intergovernmental Agreement relating to the
Per your request, enclosed is a draft to ernut
administration of the Kerr County OSSF Program in the ~Ccrte of Center Point. For the County p
this service, we must have this or a similar agreement Jn p
B~ Williams and I discussed I am willing to put this item on the June 14`~ Commissioners'
~ uickl Please let me know your wishes on this matter.
Court Agenda if the City can act that q Y•
If you have any questions, Please let me know.
Sincerely yours,
Fred Henneke
Ken County Judge
cc: The Honorable Mary Shults
Commissioner Bill Williams
Jim Brown
FLH/ts
June 14, 1999
Giuaclnlupe Basin
Natural
Resources Center The Honorable Fred Henneke
125 Lehmann Driec Kerr COUnty Judge
sre. ioo Kerr County Courthouse
Kerrville, Texas '700 Mam
78028-5908 Kerrville, Texas 78028
(830)896-5445
Fax (830) 257-2621
E-maiL• ugraadmQugra.org Re: Center Point OSSF Issue
Dear Judge Henneke and Members of the Court:
The UGRA encourages and supports the County's Intergovernmental Agreement
with the City of Center Point for the administration of the Kerr County OSSF
program within the City of Center Point.
Over the past several months, the City has allowed several failing systems to
continue to operate and real estate transfers occur without inspection and license
transfers. The UGRA has continued to inspect those systems where owners have
requested inspections. We have investigated complaints and offered suggestions
to the owner and/or the person filing the complaint. Without jurisdiction,
UGRA's efforts over the past months have been nothing more than courtesy calls.
The River Authority continues to be concerned over the number of failing or
marginal OSSF systems in and adjacent to the City of Center Point.
UGRA is prepared to administer the County's program in the City of Center Point
without additional administrative charges. However, the UGRA expects to retain
the application fees as set out in the Intergovernmental Agreement with the
County.
~~- fA s
J. Brown
al Manager
cc: R Charles Wiedenfeld, SWQS
Manager, Hydraulic and Environmental Resources Dept.
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