ORDER NO. `E~~~
AF~F~ROVE ESTALLISHING MINIMUM INFRASTRUCTURE STANDARDS
FOR MANUFACTURED HOME RENTAL COMMUNITIES
#IN COUNTY, OUTSIDE THE CITY LIMITS OF A MUNICIF~ALTTYl
On this the 1`th day of October, 1'~G'~, ~_~pon motion made by
Commissianer^ Griffin, seconded by Commissioner Williams, the
Ca~_irt ~_~nanimausly approved by a vote of 4-0-Q~, the order as
amended, establishing minim~_~m infractr~_ict~_~re standards for•~
man~_-fact~_~red home rental communities located in I~.err Ca~_inty
o~_-tside the city limits of an incorporated or chartered
m~_inicipality, s~_~b.ject to a review and conc~_~rrence by o~_-r
County Attorney.
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: October 12 , 1999 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss proposed order establishing minimum infrastructure standards for manufactured
home rental communities in the county outside the city limits of a municipality.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
County 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 RECEIVED ON:

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.
5:00 P.M. previous Tuesday.
MEMORANDUM
TO: Judge Fred Henneke
FROM: David Motley
SUBJECT: Comments regarding Proposed Kerr County minimum infrastructure standards
for manufactured home rental communities.
DATE: September 30, 1999 ~ ~,,,~-
I would recommend that the order include a definition for "OSSF Rules." Senate Bill 712- ~"`~
provides that the commissioners' court rather than the county engineer issue the certificate of
completion. Also the bill provides a scenario whereby a certificate of completion may issue
in the event that the county engineer determines that a final inspection is not required. ~/~~
Perhaps it is the court's intention that a final inspection shall always be conducted I would ~~ ~l
prefer to see a bit more direction as to what is expected in the written confirmation from the`"r~'~'~"
owner that the construction of the infrastructure has been completed in compliance with the
approved infrastructure development plan. As to § § 3 & 4 of the proposed order, I am
assuming that the remedies and penalties therein provided are those generally provided to the
court relative to its authority to adopt orders as the statute in question is silent in that regard.
DM/s
file
cc: Franklin Johnston
2~
~f~sy,~~
NO. 26065
An Order establishing minimum infrastructure standards for Manufactured Home
Rental Communities located in Kerr County outside the city limits of an incorporated or
chartered municipality.
BE IT ORDERED and ADOPTED by the Commissioners Court of Kerr
County, Texas:
SECTION 1. GENERAL PROVISIONS AND FINDINGS
WHEREAS, the Kerr County Commissioners Court has both the responsibility
and the authority to protect the health, safety, and welfare of the citizens of Kerr County,
Texas; and
WHEREAS, the unregulated development and establishment of manufactured
home rental communities in Kerr County outside the city limits of incorporated or
chartered municipalities has high potential to adversely impact the health, welfare, and
safety of Kerr County; and
WHEREAS, this Court finds that the unregulated development or establishment
of manufactured home rental communities in Kerr County outside the city limits of
incorporated or chartered municipalities would constitute an unacceptable risk and threat
to the public health, safety, and welfare of Kerr County and would further negatively
impact the economic development and growth of Kerr County; and
WHEREAS, Section 232.007 of the Texas Local Government Code grants to the
commissioners court of a county the authority to establish minimum infrastructure
1
standards for manufactured home rental communities in the county outside the city limits
of a municipality;
SECTION 2. SUBSTANTIVE PROVISIONS AND DEFINITIONS
NOW, THEREFORE, for the reasons cited above, and pursuant to Section
232.007 of the Texas Local Government Code, the Kerr County Commissioners Court
hereby RESOLVES, ORDERS, and ESTABLISHES the following Order:
A. DEFINITIONS
(1) "Manufactured home rental community" means a plot or tract of land that
is separated into two or more spaces or lots that are rented, leased, or
offered for rent or lease, for a term of less than 60 months without a
purchase option, for the installation of manufactured homes for use and
occupancy as residences.
(2) "Business day" means a day other than a Saturday, Sunday, or holiday
recognized by this state.
(3) "Subdivision Regulations" mean the Kerr County Subdivision Rules &
Regulations adopted by Ken County Commissioners Court Order No.
25314, dated May 1 1, 1998, as amended from time to time.
(4) "County Engineer" means the individual designated from time to time by
the Kerr County Commissioners Court to act and serve as the Kerr County
Engineer.
(5) "Development Plan" means a complete and exact plan for the infrastructure
of manufactured home rental community including, but without limitation,
the survey and all drawings and specifications required herein.
(6) "Certificate of Compliance" means a Certificate signed by the Kerr County
Judge on behalf of the Commissioners' Court stating that infrastructure for a
specific manufactured home rental community has been constructed in strict
compliance with the approved Development Plan for such Manufactured
Home Rental Community.
(7) "TNRCC" means the Texas Natural Resources Conservation Commission.
2
(8) "Kerr County OSSF Rules" means the Rules and Regulations of Kerr
County, Texas for On-Site Sewage Facilities adopted by the Kerr County
Commissioners' Court on April 13, 1992, Order No. 20862, and as amended
from time to time.
B. APPLICATION PROCESS
(1) The owner of land located outside the city limits of a municipality who
intends to use the land for a manufactured home rental community must have
an Development Plan prepared that complies with the minimum
infrastructure standards set forth below.
(2) Not later than the sixtieth (60`h) day after the date the owner of a proposed
manufactured home rental community submits an Development Plan for
approval, the County Engineer shall approve or reject the Development Plan
in writing. If the Development Plan is rejected, the written rejection must
specify the reasons for the rejection and the actions required for approval of
the Development Plan. The failure to reject a plan within the period
prescribed by this subsection constitutes approval of the Development Plan.
(3) Construction of a proposed manufactured home rental community may not
begin before the date the County Engineer approves the Development Plan.
The County Engineer or Commissioners Court may require inspection of the
infrastructure during its construction and shall require a final inspection. The
final inspection must be completed not later than the second business day
after the date the County Engineer receives an affidavit from the owner of
the manufactured home rental community that construction of the
infrastructure has been completed in accordance with the approved
Development Plan. If the County Engineer determines that the infrastructure
complies with the Development Plan, the Commissioners' Court shall issue a
Certificate of Compliance not later than the fifth (5"') business day after the
date the final inspection is completed.
(4) A utility may not provide utility services, including water, sewer, gas, and
electric services, to a manufactured home rental community subject to an
Development Plan or to a manufactured home in such community unless the
owner provides the utility with a copy of the Certificate of Compliance. This
subsection applies only to:
(a) a municipality that provides utility services;
(b) a municipally owned or municipally operated utility that provides utility
services;
(c) a public utility that provides utility services;
3
(d) a nonprofit water supply or sewer service corporation organized and
operating under Chapter 67, Texas Water Code, that provides utility
services;
(e) a county that provides utility services; and
(f) a special district or authority created by state law that provides utility
services.
C. MINIMUM INFRASTRUCTURE STANDARDS
(1) The Development Plan shall include provisions for adequate drainage. To
satisfy this requirement, the Development Plan shall comply with and satisfy
the requirements of Section 5.07 of the Subdivision Regulations.
(2) The Development Plan shall include provisions for streets and roads to
provide ingress and egress for fire and emergency vehicles. To satisfy this
request, the Development Plan shall comply with Section 5.02 of the
Subdivision Regulations. The type or classification of the road or roads to
be included in the Development Plan shall be based upon the standards
referenced in such Section 5.02.
(3) The Development Plan shall include provisions for an adequate public or
community water supply in accordance with Subchapter C, Chapter 341,
Texas Health and Safety Code. To satisfy this standard, the Development
Plan shall include approval by the Executive Director of the T.N.R.C.C. of
the business plan and the plans and specifications for the water system, if the
public or community system is a new system OR, if water is to be supplied
by an existing public or community water system, a copy of the agreement
between the owner of the manufactured home rental community and the
owner of the existing public or community water system for the provision of
water to the manufactured home rental community and a letter from the
Executive Director of the T.N.R.C.C. stating that the existing public or
community water system has sufficient capacity to serve the manufactured
home rental community.
(4) The Development Plan shall include provisions for the effective and
authorized treatment of wastewater. If the owner of the manufactured home
rental community plans to treat wastewater by connection with an existing
central collection and treatment system, the Development Plan shall include a
copy of the agreement between such owner and the owner/operator of the
existing wastewater collection/treatment system whereby the owner/operator
of such system contracts for and agrees to accept the wastewater created by
the manufactured home rental community. If the owner of the manufactured
home rental community plans to treat wastewater created by such community
4
with on-site sewage facilities, the Development Plan shall include a letter
from the Upper Guadalupe River Authority stating that the plans and
specifications for on-site treatment of wastewater satisfy all requirements of
the State of Texas and the Kerr County OSSF Rules.
(5) As part of the Development Plan, the owner of the manufactured home rental
community shall include a survey prepared by a registered professional
surveyor licensed in the State of Texas that shall include:
(a) The boundary of the proposed manufactured home rental community;
(b) Any significant features of the proposed manufactured home rental
community;
(c) The proposed location of the manufactured home rental spaces;
(d) Any existing or proposed utility easements;
(e) Any existing or proposed roads, streets, and dedications ofrights-of--way;
(f) Any areas located in the 100-year floodplain;
(g) Any existing or proposed drainage culverts and easements;
(h) Any existing or proposed sanitary sewer lines and/or on-site sewage
facilities; and
(i) Any existing or proposed public or community water system lines,
pumps, or storage tanks and/or all private wells.
SECTION 3. SEVERABILITY
If any portion of this order is deemed to be in violation of the statutes or the
constitution of this state or the United States by a court of competent jurisdiction, said
portion shall be severed, and the remaining portions of the order shall remain in full force
and effect.
SECTION 4. PROSPECTIVE EFFECT
This order applies only to a new or existing manufactured home rental community
for which construction is commenced on or after the date the minimum infrastructure
standards adopted by the Commissioners Court take effect.
5
SECTION 7. EFFECTIVE DATE
This order shall become effective immediately upon adoption.
Read and adopted this 12t'' day of October 1999, by a
vote of 4 ayes and 0 nays.
A i . L//i~ ~-^~-~
County Judge
ATTEST:
. ,. ,~~
°,, a Clerk ;` ~ ~.
,~t, . , ,.., t ~~~
': ,
.,~,.a~,.;., .