COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: TlSt 1"j' a:~l~c...,
MEETING DATE: Oc,}v~,en Z S ~`~ q
OFFICE: k~ Co ~} H~-t's ofc.
TIlv1E PREFERRED:
SUBJECT: (PLEASE BE SPE~ Ccc)al~.vud ~ ~~~~ ti,~.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapte
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
. F.~- -Da~~ 7it~rcu-~c~..

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has beet
prepazed for the Court's formal consideration and action at tune of Court Meetings. Your cooperation will b~
appreciated and contribute towazds you.request being addressed at the eazliest opportunity. See Agenda Request Rule
Adopted by Commissioners' Court.
5:00 P.M. previous Tuesday.
~~
~OMv ut~`'~~
KERB COUNTY ATTORNEY
DAVID M. MOTLEY
COUNTY COURTHOUSE, SUITE BA-103 ~ 700 MAIN STREET ~ KERRVILLE, TEXAS 78028
MEMORANDUM
To: Kerr County Commissioners
From: Ilse Bailey, Assistant County Attorney ~/~~
Date: October 4, 1999 v
Re: Procedures for Contempt Proceeding Before Commissioners' Court Pursuant to
the Kerr County Flood Damage Prevention Ordinance
Commissioners -- Attached is a copy of the memo that you have already received from me
regarding the above subject, as well as a response memo from Judge Henneke. Based on his
reply, I am submitting this item for consideration by the whole court, with a view toward
establishment of the procedures that will be followed in such hearings. Just a few of the issues
which must be addressed are as follows:
^ The rule appears to contemplate that the contempt motion will be heard before the
entire court. Will this be set at a regular Commissioners Court meeting date, or
will it be held at a different time and place (Note considerations of required
posting of meeting, court reporter, physical setup for witnesses, parties and
counsel)?
^ If the respondent denies the allegations that constitute the contempt, indicates a
desire to contest the charges, but claims indigence, will the court consider this a
circumstance which would entitle the respondent to appointed counsel? If so,
what provision will you make for funding of same?
^ Who will rule on objections and procedural disputes? If there is a disagreement
between commissioners as to how an objection or procedural dispute should be
resolved, does this disagreement get resolved by means of majority rule, or must
it be unanimous? Or will you all defer to the County Judge, as presiding officer
of the Court?
MAIN NUMBER (830) 792-2220 HOT CHECKS (830) 792-2221 ~ FAX (830) 792-2228
Commissioners Court
October 4, 1999
Pagc 2
^ What burden of proof will. you proceed under ("preponderance of the evidence",
"beyond a reasonable doubt", "clear and convincing", or some different burden)?
^ Will the Court choose to inquire of the witnesses and/or parties, or will they
leave it up to the parties and/or counsel to elicit testimony? If the members of
the Court choose to inquire, what format will you employ? Will you each take
turns inquiring after a witness has testified? What about cross-examination?
^ Will you follow Texas Rules of Court for procedure, or do you want to adopt
some other standard? Do you want this to be a formal or informal hearing
process?
^ With respect to deliberation and decision-making at the conclusion of the hearing,
how will you accomplish this? If you intend to go into executive session, you
must first identify which exception, if any, from the open meetings requirement
applies. The posting of this hearing should probably include an indication that
the Court will deliberate in executive session, if this is your intention.
^ If the court finds Che respondent in contempt at the conclusion of the hearing, and
there is a difference of opinion about what penalty should be imposed, how will
you resolve it? Majority rule, or unanimous decision, or deference to the
presiding officer?
^ [f the court does not find the respondent in contempt at the conclusion of the
hearing, what effect does this have on the County's flood insurance rates? Does
this operate as a do facto variance from the flood plain regulations, which in turn
may serve as a trigger to increase our rates?
E: \W PDOCS\MCMOS\PROCHDUR. MEM
MEMORANDUM
TO: ILSE BAILEY
ASSISTANT COUNTY ATTORNEY
FROM: FRED HENNE
COUNTY
DATE: SEPTEMBER 30,1999
SUBJECT: PROCEDURE FOR CONTEMPT
Ilse -the procedure in the Flood Damage Prevention Order is cleaz to
me, but I am used to legal procedures. Please place this on the October 12~'
Agenda to walk the Commissioners' Court through the procedure and its role
in the determination.
cc: Commissioners'
'L%' ~~
.~
o~~
KERR COUNTY ATTORNEY DAVID M. M O T L E Y
COUNTY COURTHOUSE, SUITE BA-103 700 MAIN STREET ~ KERRVILLE, TEXAS 78028
MEMORANDUM
To: Kerr County Judge Fred Henneke
From: Ilse Bailey, Assistant County Attorney
Date: September 29, 1999
Re: Procedure for Contempt Actions Under the Kerr County Flood Damage
Prevention Order (11/13/92)
Judge Henneke --
I am in receipt of a request from Charlie Wiedenfeld, the Ken County Flood Plain
Administrator, that I pursue a contempt action against a Ken County property owner who has
failed or refused to comply with the requirements of the Kerr County Flood Damage Prevention
Order, which was passed by the Kerr County Commissioners Court and made effective
November 13, 1992. The Flood Damage Prevention Order contains a provision whereby such
a contempt action is to be heard by the entire Commissioners Court, presumably acting as an
adjudicative body. I have attached hereto a copy of the relevant portion of that Order, as well
as the Commissioners Court Order approving the adoption of the current wording of the Flood
Damage Prevention Order, for your review.
Since I am unaware of any of the enforcement provision of this Order ever having been
being utilized in the past, and since there are some obvious questions that will arise as to
implementation of the contempt provision, I felt that it would be appropriate for us (the Court
and the County Attorney's Office) to have some clarification as to procedures before I go
forward on the case which has been presented to me by UGRA. I am aware of at least one
additional (as yet unfiled) case which may need to be addressed using this same contempt
provision.
The contempt provision appears to contemplate that the entire Commissioners Court
would sit as an adjudicative body to make a determination as to whether the respondent should
be held in contempt for failure to comply with the Flood Damage Prevention Order, and further
that the Court would then mete out punishment as provided for in the Order. That being the
MAIN NUMBER (830) 792-2220 HOT CHECKS (830) 792-2221 ~ FAX (830) 792-2228
Kerr County Judge Fred Henneke
September 29, 1999
Page 2
case, I suggest that this matter be placed on the Commissioners Court agenda as soon as possible
for discussion and decision as to the proper procedures to be used in such hearings. I will make
myself and the Flood Plain Administrator available at your convenience to discuss this matter
with you prior to having it placed on the agenda, if you wish. If you would rather the matter
be placed on the Commissioners Court agenda by this office, let me know and I will arrange it.
xc: Charles Wiedenfeld, Kerr County Flood Plain Administrator
Commissioner Precinct 1t1, Buster Baldwin
Commissioner Precinct 112, Bill Williams
Commissioner Precinct #3, Jonathan Le[z
Commissioner Precinct 114, Larry Griffin
E:\WPDOCSIMEMOS\FLOODPLA.MEM
''
KERR COUNTY
FLOOD DAMAGE PREVENTION ORDER

November 13, 1992
/ (7) Insure that potential buyers are notified that proper~y ~~ ~~~ a
1rea.' ~vvV
SECTION D. METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this order uses the fallowing methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or
property in times of flood, or cause excessive increases in flood heights or
velocities;
(2) Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of initial
construction;
(3) Control the alteration of natural floodplains, stream channels, and
natural protective barriers, which are involved in the accommodation of flood
waters;
(4) Control filling, grading, dredging and other development which may
increase flood damage;
(5) Prevent or regulate the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards to other
lands.
SECTION E. VIOLATIONS AND PENALTIES
Any person, firm, corporation or agent who shall violate a provision of this
regulation, or fail to comply therewith, or with any of the requirements thereof,
or who shall erect, construct, or alter, any structure, or shall place any fill
material, in violation of the detailed statement or drawing submitted and
approved thereunder, shall be guilty of contempt of the Commissioners' Court of
Kerr County, Texas. Each such person shall be deemed guilty of a separate
offense for each and every day, or portion thereof, during which any violation
or any of the provisions of this regulation is committed, or continued. The
Flood Plain Administrator is authorized to file with the County Clerk a Motion
suggesting contempt for failure to comply with these regulations. After filing,
said Motion shall be presented to the County Judge who shall set a day and time
for the Respondent to appear and show cause why he should not be held in
contempt, which time shall not be less than ten (10) nor more than twenty (20)
days from the date of filing of said Motion, whereupon the clerk shall issue a
citation and notice of setting for service upon said Respondent. At said hearing
Respondent shall be accorded the right to counsel, the right of confrontation,
the right to summon and examine witnesses, and the right to testify and offer
evidence in his behalf. If after such hearing before the Commissioners' Court
he should be held in violation of the regulations and in contempt of the Orders
of the Court as expressed in these regulations, then he may be punished by a fine
not to exceed $25.00 for each offense or by imprisonment not to exceed twenty-
four hours for each offense.
0.
URllER NO. 1176
RF'F'ROVRL OF REVISION TO fHE FLOOD DRMRGE
F'REVEM"f ION ORDER
On this the Smith day of November 1992, upon motion made by
Commissioner Holekamp, seconded by Commissioner Lackey, the
Court unani~ously approved by a vote of 4-0-0, to accept and
approve the wording submitted by Enviromental Health fors the
revision of the Flood Damage prevention Orders.
i