ORDER NO 27@14 APPROVRL OF OSSF REVISION RMENDED BY ORDER NO ^c7@1~ On this the 14th day of May ~@@1, upon motion made by Commissioner Griffin, seconded by Commissioner' Let z, the Court unanimously voted 6y a vote of 4-@-@, to adopt the r^evised r^ules of I'.er^r- County, Texas for on-site sewage facilities and a~.ithorize the County Judge to sign same and the County Cler^k to cer^tify same upon adoption 6y the Court of the doc~_~ment o~.itlining the inspection pr•ocedur^e s. To: Kerrville Daily Times From: Kerr County Clerks' Office March 14, 2001 RE: OSSF Public Hearing Notice Dear Cindy, Please look over this notice of public hearing and let me know if it looks "ok". We only need to run the notice one time on April 11, 2001. Feel free to call if you have any questions. Also we will need an Affidavit of Publication. Thanks a Million. Linda K. (792-2261) Sincerely, 71L~i `~1;~~-- Linda Kneese Kerr County Clerks Office Deputy JP/lk NOTICE OF PUBLIC HEARING CONCERNING PROPOSED ORDER ADOPTING RULES OF KERR COUNTY,TEXAS FOR ON-SITE SEWAGE FACILITIES. IT IS THE INTENTION OF KERR COUNTY COM- MISSIONERS' COURT TO ADOPT RULES FOR ON- SITE SEWAGE FACILITIES. PUBLIC HEARING WILL BE HELD ON APRIL 23, 2001 AT 2:00 P.M. IN THE COMMISSIONERS' COURT- ROOM KERR COUNTY COURTHOUSE 700 MAIN, KERRVILLE, TX. THE PROPOSED KERR COUNTY RULES FOR ON- SITE SEWAGE FACILITIES IS AVAILABLE FOR VIEW IN THE KERR COUNTY CLERKS OFFICE, ROOM 122 700 MAIN ST., KERRVILLE, TX. CITIZENS MAY MAKE THEIR VIEWS KNOWN AT THE PUBLIC HEARING OR IN WRITING TO THE COUNTY JiJDGE'S OFFICE, 700 MAIN, KERRVILLE, TEXAS 78028. Larry Griffin Kerr County, Texas Commissioner, Precinct 4 December 19, 2000 Mr. Kenneth L. Graber TNRCC Mail Code: MC-178 P.O. Box 13087 Austin, TX 78711-3087 Dear Mr. er; Enclosed for TNRCC approval is the Kerr County, Texas On-Site Sewage Facilities order adopted by the Commissioners Court on December 11, 2000. Also enclosed are the supporting documents outlined in your message of November 9, 2000. If I can be of any assistance in processing the order through the approval process, please feel free to contact me. Sincerely, f ??~~~~~ Larry iffin Courthouse Office: 700 Main St., KerrvAle, TX 78028, 792-2217 (Phone), 792-2218 (Fax), kerrcocc@a-omega.com (e-mail) Precinct Office: P.O. Box 613, Hunf, 7X 78024, 238-3030 (Phone), 238-3033 (Fax), Lgrifrn@ktc.com (e-mail) A Certified COPY Pa9e~of of Attosr JanneH Pieper, Ken County Cls^ COUNTY OF KERB § STATE OF TEXAS § AFFIDAVIT Before me, the undersigned authority, personally appeared who, being by me duly sworn, deposed as follows: My name isJannett Pieper I am of sound mihd, capable of making this affidavit, and personally acquainted with the facts herein stated: I am the custodian of the records of the County Clerks Office for the County of Kerr, Texas. Attached hereto are three (3 ) pages of records known as "ORDER ADOPTING RULES OF KERR COUNTY, TEXAS FOR ON-SITE SEWAGE FACILITIES." The records are kept by me as County Clerk, County of Kerr, in the regular course of business with knowledge of the act, event, condition, opinion, or diagnosis, recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon thereafter. The record attached hereto is the original or exact duplicate of the official record. BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Jannett Pieper known to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 15th day of Dec. ~ ZD00, (SEAL) TH61 SOVII , MY OOMAKfON IXNIIEt Jawvy OP, 7007 WMOED W ary/Public, State of Texas My commission expires: 1 ORDER N0. 26775 ORDER ADOPTING RULES OF KERB COUNTY, FOR ON-SITE SEWAGE FACILITIES PREAMBLE A Certified Copy Paged of S Attesh Jannett Pieper, Kerr Counts' ri~~. TEXAS WHEREAS, the Texas Natural Resource Conservation Commission has established Design Criteria for on-site sewage facilities to provide the citizens of this State with adequate public health protection and a minimum of environmental pollution; and WHEREAS, the Legislature has enacted legislation, codified as Texas Health and Safety Code, Chapter 366, which authorizes a local government to regulate the use of on-site sewage disposal facilities in its jurisdiction in order to abate or prevent pollution, or injury to public health arising out of the use of on-site sewage facilities; and WHEREAS, due notice was given of a meeting and public hearing to determine whether the Commissioners Court of Kerr County, Texas should enact an order controlling or prohibiting the installation or use of on-site sewage facilities in the County of Kerr, Texas; and WHEREAS, said meeting and public hearing were held in accordance with the notice thereof, and the evidence and arguments there presented were considered by the Commissioner Court of Kerr County, Texas; and WHEREAS, the Commissioners Court of Kerr County, Texas finds that the use of on-site sewage facilities in Kerr County, Texas is causing or may cause pollution, and is injuring or may injure the public health; and WHEREAS, the Commissioners Court of Kerr County, Texas has considered the matter and deems it appropriate to enact an Order adopting Rules regulating on-site sewage facilities to abate or prevent pollution, or injury to public health in Kerr County, Texas. NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF KERR COUNTY, TEXAS SECTION 1. THAT the matters and facts recited in the preamble hereof are hereby found and determined to be true and correct; SECTION 2. THAT the use of on-site sewage facilities in Kerr County, Texas is causing or may cause pollution or is injuring or may injure the public health; SECTION 3. THAT an Order for Kerr County, Texas be adopted entitled "On-Site Sewage Disposal," which shall read as follows: AN ORDER ENTITLED ON-SITE SEWAGE DISPOSAL SECTION 4. CONFLICTS. All Orders or parts of the Orders of Keir County, Texas not consistent with or in conflict with the provisions of this Order are hereby repealed. SECTION 5. ADOPTING CHAPTER 366. The County of Kerr Texas clearly understands the technical criteria, legal requirements, and administrative procedures and duties associated with regulating on-site sewage facilities, does adopt and will fully enforce Chapter 366 of the Texas Health and Safety Code. 2 k Certified cony P^age ~_ 04 SECTION 6. AREA OF JURISDICTION. Attest:JBl1t18flPIeP8~,K06CDMSfCI911; The Rules shall apply to all the area lying in Kerr County, Texas, except £or the area regulated under an existing Rule and the areas within incorporated cities. SECTION 7. ON-SITE SEWAGE FACILITY RULES. Any structure discharging sewage into an on-site sewage facility within the jurisdictional area of Kerr County, Texas must comply with the Rules adopted in Section 6 of this Order. SECTION 8. ON-SITE SEWAGE FACILITY RULES ADOPTED. The Rules ("Design Criteria FoF--. On-site Sewage Facilities" and Administrative Rules 30 TAC 285.1- 285.41; attached hereto, promulgated by the Texas Natural Resource Conservatioh Commission for on-site sewage systems are hereby adopted, and all officials and employees of Kerr County, Texas having duties under said Rules are authorized to perform such duties as are required of them under said Rules. SECTION 9. INCORPORATION BY REFERENCE. The Design Criteria and all future amendments and revisions thereto are incorporated by reference and are thus made apart of these Rules. A copy of the current Design Criteria is attached to these Rules as Appendix I. SECTION 10. DUTIES AND POWERS. The Designated Representative of Kerr County, Texas is herewith declared the designated representative for the enforcement of these Rules within its jurisdictional area. The appointed individual must be approved and certified by the Texas Natural Resource Conservation Commission before assuming the duties and responsibilities of the Designated Representative of Kerr County. SECTION 11. COLLECTION OF FEES. All fees collected for permits and/or inspections shall be made payable to Kerr County, Texas or to such other ent}ty as the Commissioners Court may designate. SECTION 12. APPEALS. ~ Persons aggrieved by an action or decision of the designated representative may appeal such action or decision to the Commissioners Court of Kerr County, Texas. SECTION 13. PENALTIES. This order adopts and incorporates all applicable penalty provisions related to on-site sewage facilities, which includes, but is not limited to, those found in Chapters 341 and 366 of the Texas Health and Safety Code, Chapter 7 and 26 of the Texas Water Code and 30 TAC Chapter 285. SECTION 19. SEVERABILITY It is hereby declared to be the intention of the Commissioners Court o£ Kerr County, Texas that the phrases, clauses, sentences, paragraphs, and sections of this Order are severable, and if any phrase, clause, sentence, paragraph, or section of this Order should be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or 3 Pa~B ~ 0i rJ~ Attest: Jannett Pieper, Ken County (;ic~ir sections of this Order, since the same would have been enacted by the Commissioners Court without incorporation in this Order of such unconstitutional phrases, clause, sentence, paragraph, or section. SECTION 15. RELINQUISHMENT OF ORDER. If the Commissioners Court of Kerr County, Texas decides that it no longer wishes to regulate on-site sewage facilities in its area of jurisdiction, the Commissioners Court shall follow the procedures outlined below (a) 'Phe Commissioners Court shall inform the Texas Natural Resource Conservation Commission by certified mail at least 30 days before the published date o£ the public hearing notice that it wishes to relinquish its On-site Sewage Facility Order. (b) The authorized agent shall post the required public notice in a newspaper regularly published or circulated in the area o£ jurisdiction at least 30 days prior to the anticipated date of action by the authorized agent. (c) The authorized agent shall send a copy of the public notice, a publisher's affidavit of public notice, and a certified copy of the minutes to the Texas Natural Resource Conservation Commission. (d) The executive director shall process the request for relinquishment and may issue an order relinquishing the authority to regulate OSSF's within the authorized agent's jurisdiction or may refer the request to relinquish to the commission. (e) Prior to issuance of a relinquishment order the local governmental entity and the executive director shall detezmine the exact date the authorized agent would surrender its authorized agent designation tc the executive director. SECTION 16. EFFECTIVE DATE This Order shall be in full force and effect £r om and after its date of approval as required by law and upon the approval of the Texas Natural Resource Conservation Commission. A Certified Copy Page _~ of .~ AND IT IS SO ORDERED: ""°S1: Jennett Pieper, Ken County Cler:% PASSED AND APPROVED THIS ~~/,C DAY OF ~~_, 20dG1 APPROVED: (SEAL) ~~~ County Judge ATTEST: County Clerl TFn ~1.~+!imnm tr NrlM,h 1htC rG{'li(N~~tq Nj aflixed is a Lull, true and COrr6Ct ce~y of the orgina; on file and cI r:1_ _: ~_ .:^ ;,:y 0'~Ce. ATfESI: rQccJ z~ o-o Jennett Pieper, un y Crrk ~~Coun ,Texas ~ ~_ / , G~~ MARG ETA. RARfit:'~~'DB~~J"tlf~' s TMTMTM AFFIDAVIT OF PUBLICATION The State of Texas: The County of Kerr: I Greg Shrader publisher of the Kerrville Times, a Notice to Publi9 Hearing Concernin newspaper published in the County of Kerr, State of Texas, do swear that ro osed order the foregoing and attached citation was Published in Kerrville, Kerr adopting rules of County, Texas, a newspaper of general circulation published regularly in Kerr County, Texas said Kerr County, Texas for more than one year before this date on the For on-site sewage following dates wit: facilities. I[ is the intention of Kerr County Com- QL 2 missioners' Court to 7 2000 adopt rules for on- site sewage facili- 2000 ties. - Public hearing will be held on December 11, 2000 at 10:00 2000 A.M. in the Commis_ -sinners' Courtroom, Kerr County Court- , 2000 house 700 Main, Kemille, Tx. The pfOUlesforKonr County site sewage facilities A printed copy of said writ as it was published is attached hereto as is available for re- a part hereof. view In the Kerr County Clerks Of- fice, room Kerrv I~e, -~^~~-- Maln, Texas. make _ Citizens may ubli er of their views known at THE KERRVILLE TIMES, the Public Hearing or in writing to the Kerr County, Kerrville, TX County Judges of- fice, 700 Matn, Ker- rvilit, Texas 78028. Sworn to and subscribed before me by the said Publisher of The Kerrville Times, on this the dear o ~A. 2000 _, to certify which witness my hand and seal of office. 1 ~ ~' l~J ~LIVI~-~ No ry Public, Kerr County, Texas PRINTER'S FEE '"rv°~ JACKIE S. WOERNER f~' •" ~~ Nou,,ry,I PuWk, &at9 0} Texas JOr m' I '•~ra,.~' DEC. 28, 2000 Sunday; DeCernber 3, 2000 - Kemiite DailyTimes -Page 9C 17. MISC. FOA SALE 17. MISC. POfl 8ALE 17. MISC. FOA SALE 19. APPL{ANCES An Ole LAYAWAY Railroad ties Maytog Washer t d D G Wives' Tale i l CLU$S FOR APProx, too, You haul rea ryer. an condition. $250. ter- A Holist c & A native Healing Center CHRlSTMAS!I . $400 for all. Call 895-5908 thru the treatment of 830-367-2735 after 6:00. $ody, Mind, 8 Soul. Custom Clubs & Christmas campaign. GolfAccessoriesl Seasoned Oak White G.E. 21.5 ft. Call US for great firewood. Round side by side refrig- prices & types of- CaddyShackGolf , split or mixed. A full orator, Ice dispenser treatment. 72g Country cord (128 cu ft) call in door, excellent 630-367-7536 CIUb Dr 830-249.8237 or condition $375. Call drdeb®omniglobal.net. . 89Jr-~ZZJr days 210-274-3263 257-4632. GiN Cert available 20. FURNITURE Automotive Lease/Purchase ' Shelled Pecans. Volume discount. ~ CASH Service Equi merit Rotunda R-12 efrig. $17/wk, Computer 17" monitor, print- Ca11995-2271. We bu ood, used Y 9 Reclaim system. ors, DVD optional, T k Tables w/folding tumiture.257-7133 Robinaire Smart Cart no credit check, a e R-12 AlC charging any trade in:. My Of- legs, drafting tables, 3 Pc. Antique system. Both units Oce! 896-4644... 2 step ladders, misc. Settee & Mr. & $1,000.00. Wayne ressor- Air Com Llke new all- wpol tools, fishing equip- merit, I(nens, plastic Mrs. Chairs with original petit point p Tw(n S H.P. Motors; Chinese "ABUSS'ON " lawn chairs, glass u holster . Ex. cond. P 220.V, 3 phase,' au- Pattern 9 x 12 rug. top dining fable w/4 pc. French style 9 tomatic switching $600 e 433 Water dining set, blonde w/ $1,000.00 Call 898.0579. OBO SL 792-416 marble top on serv- e 830-257-2688 ., Limestone Western Saddle er. Lighted hutch. Ex. cond 367-4645 BUY' bunk Blue metal Boulders For, .paid $900. sell for . Degll . brads $250.- Unl- Salel866.3633 ,$400.796-7080 Chest-of-drawers furniture . royal Tigerpaw XTM 459-1190 $43-95. Recliners -;- equip ; ;tires P235/75R15 WOOf~ Lathe 575-$785, Couches eslates. $130., Go ::cart, .5 Love seat"w(2„ re- ' ' 45" bed 8" swing. 575-$175, Wood •''-- ' H.P. $500:'; Tiffany y,r ., old. cliners, 1 Like new. Never end/coffee tables bti in Y 9 lamp $20.895-2719 Contemporary ,style ize Ar ade $350 used. Priced right. 525-$95. Dinettes Istamp Brass Samovar . c s pac-man game, great 898-7434 $125-$293/set. Up- holstered chairs :.Smolt w/ accessories. shape $150. Lazy- 18. MUSICALINSTAUMENTS $35-$125, light fix- ~, militar- $300. Embossed boy recliner. $75. "~' BALDWIN cures, TV's/VCR's, Iggoold.' 097 brass wallhanging ~ octagon w/carved Ca11895-3062. Bravo Model 160 appliances, 257- 4 ' ironwood frame. Men's Rolex Microcomputer 267. used f ' $300. Large uphol- , Watch Organ 1 C nd dA C t'fi Complete solid i ng. • d & ryer stared chair w/ ot- $200 896- man t 18 karat :gold;. day- . - o ar ie 11-14.00 wood bedroom fur- . 568 . . o 1 date, self winding. $f,000. Excellent niture w! armoire. .. 08 5 President bracelet Christmas Gift. White washed oak. UStSd CARRET~ (hidden clasp), never Owner paid $2200. 52200.367-4962 worn, ln, origmal 4102 V/DSS - CLEANING T box. Beautiful! (830)238. An time Custom floral Receiv_ EQUIPMEN $12,500, 257-8557 y sofa i cond. ResidenUaUcom- marclal carpet and Mink coat~.full length. Burgundy, mauve & ___ .,,,.,.,,, teal. 6 cushion+ 2 uuuse, ~ommisslon- ers', Courtroom, Kerrville, Texas. 78028: Citizens may make their views known at the public hearing or In writing.•'to the CouJtty Judge's Of- fice, 700 Main, Ker- sed regula- in view in r . County. Tice, room Main„ Ker- ~. Notice: to '.Public Hearing Concerning 'proposed order 'adopting rules of Kerr County, Texas For on-site sewage facilities. It is:the intention of Kerr County Com- missioners' Court to adopt rules for on- site sewage facili- ties. Public hearing will be held on Detiember 11, 2000 at 10:00 A.M. in the Commis- 2: PUBLIC NOTICE ' •- ~ostw sett Free PhotoAd kerivilleclassif ieds.tpm Loaf large gray male cat. White on face w/ gray moustache $ beard. Lost in Com- fort area. $50 re- ward. 995.2508 or 995-4232 . Call col- lect. - , 9. PETS b SUPPLIES AKC Golden Retriev ' er Female.2 yr pick of L, champ, beauti- ful, $300. 895-5920 AKC Tiny poodle, Pomeranian ~or Maltt4se.,puppies. Shots $ wormed. 896-6591 Adorable Collie Puppies) To loving home. 2 mos. old First shots $ wormed. $100 ea. 895-2673 2. PUBLIC NOTICE ' NU'171:1: I'wsuam to Tex. Rev. Civ. Stat., Art 6252-13c1, the I Police Department is required to pu4liah the fc Wotmation ebogt an adult, convicted of a sexual against s child, who has relocatd to our City: Namt: - ~ James Franklin Toalson Age & Gender. 30 yr. old/Ma1e OffensEi d- Indecency with a child Vic' AgdGender. ll yrJFemale. Off pi's Address: 5)S Roy St. Apt-I09 City and Zip: ICerrvSlle, 78028 - •Riskhevel: N/A , ' Authority: Chief Dickerson ' ~ ~ By: U. Joseph fanning This.is the otdy'utformation we are showed b law [c Itlfc[t~ao about dtia offetder has been sent m the Super of KLS.D. To see a photograph of this sex offender, Internet Web page, at www.kemillepd.org. •Ri! Defialtioas: Level C =High Risk; Level 1= Medii and Level2 =Lower Risk ' ~~; .,:er~ Anurtcid. De acuerdo a la Iry estatal.(Tex. Rev. Civ. 6252.13c1. at le reauiere at Detarrtamento de pertenecrente a.toao aemto que se nays encom de one ofensa sexual'la coal se balk enwelto un n si es{e'ofensor reside en la cudad de ICemille. Nombre: .~. :James Franklin Toalson Bdady'Geneio:.30 anoslHombm - Offenss: Jndecicia o contacm sexual con una menor de edad Vnaime Eded/flombr/Mujer: l1'anos/mujer Direction: ' 515 Roy SL Apf 149 Ciudad y Codigo Postal: ICerrvUla78028 •BI Nivel de Riesgo: N/A' alb breeds available at Ark l/eterlnary Hospital Please pa11257.6949 fora'chancato see these adorable animals) Part Cocker Spaniel 8 wks old..1 male, 1 ft3rpale. l st shots. For Information (830)995 2933 N. . rr)Sg , Pure Breed Blue Heeler Pups 7 wks old. $40. (830)995.3795 11. ANTIQUES Ample storage In this Beautifully carved antiqyue unk:" Great glftt 250.792-4336 , Bushwhack Canyon Antiques 229 Bushwhack Rd 257-6215 South on Hwy 16 to Upper Turtle Creek Rd, (FM 1273) right 1:2 ' mi. to Bush- whack Rd and follow the signs to the log cabin on the creek)) J'Hours are 'Wed-Sat. 11-5 Come; visit ,our shop now open on & Ann's to shop for Christ- mas. gifts. Our regu- lar hours are Thur- Sat -10:OOam till 5:30pm.& Sun. 1- 5pm.' We'thank you for'your patronage and wish you a Mer- ry Christmas. Items to se117:Cali us 257-9666 or home 896-7125. George Molnar oil 36x40 framed. Hide-away. Call Rich at210-885.5550.. 12. GARAGE SALES 50% OFF On all srtiall items all other Items Peddler's Square ' '425 Clay Tues. ttiN Sat. 10-5 VYR YC G,\r\G YC IYW6V~l\r\G I.SAIW NGbb'V, GFamlly Riesgo Mediano; y~Nive12 - Riesgo Mss Bajo. ' ' Garage Sale ' 200 G St. So. Autoridad: Jefe Dickerson sun. 12/3/00 Por: LL Joseoh lannin¢ ~-- ~-- .y....i ...-... ~..... mss stuff, lots of good misc. items. Fri. $ Sat. 8-3 Sun. 11-3. 70 Oak Dr. N. Mpvingg Out Sale. 9.4 Saterday 12/2 through Sunday 12/ 10. Everything must gga. #31 Hideaway Mobila Home Park. Moving Sale Sat. 8-2, Sun. 9-12 341 .Bluebonnet (Comer of Bluebon- net $ Town Creek) 4 pc. living room set, only 1 yr old. Men, women's cloth- ing. Boys size 7, toys, kitchen stuff. Lots of good buys)! QUALITY leweiry repair) Designers Choice Jewelry sizes rings, replaces missing stones; creates cus- tom designs. 250 West Main 792-GOLD. RULES £~ REGULATIONS The City Of Ke~rvllle lias Specific Rules And Regulations Regarding: Garage Sales, Moving Sales, Yard Sales Etc... +Any Location Or Address Can Have Only One (1) Sale Each Three f3)Months. (Max)imum Of 4 Per Year). •~Signs Can Be Displayed/ Attached To Utility Poles! The Cityy Of Kerrvil/e Thanks You For Adhering To These Rules! Scaling Down Sale- 120 Cynthia (off Methodist Encamp- ment) Frl and Sat. 8- 4, Sun. half price 1- 4.' 'Tools, gifts, linens, games, furni- ture, piano, sofa bed, WR Dallas, pic- nic tables--many new and used treas- ures: No early birds 17. MISC, POR SAIL' "Gars- g ft with 1/2 Hp opener. 3yr~ $300. 792-30631. $365/set Ney beds, compl~ mattresses. mattress/box springs, $11 dbl matte springs, new parr, Queen' tress/box j $175/pair. mattress/box springs, new set, Appliana niture, 257-4261 Tie 820 K Service U With 1f telephot receiver Exceller conditia $300 Or best (830) 257-! SOD fAl CHEYENNE PI rANCY $3.x51 CRACKED $3.4( or BRING YOURS AND WE'LL CRAU FOR.301h w CENTER POIM Po 79R-ear. Or 896-SRBS Share We Deeded near Island. Luxer} trade any World Wide. $8,700 d forces sale. only $ (406)758-6564 4 Michelin 1 215/70.1! 7/32 in. tea $10 ea. 367-767( 55GAL.BAR Burn barn Plastic ban Fuel barn NON-TOXIC. N 830-$89-21 BOXE Used packing at less tha mover's Several sizes. from $1 to $5_ ~Q u ~ S.Q~ ~rm~ 3~ 2/0, COUNTY OF KERR § STATE OF TEXAS § AFFIDAVIT Before me, the undersigned authority, personally appeared who, being by me duly sworn, deposed as follows: - My name is I am of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated: I am the custodian of the records of the County Clerks Office for the County of Kerr, Texas, Attached hereto are three (5) pages of records known as "ORDER ADOPTING RULES OF KERR COUNTY, TEXAS FOR ON-SITE SEWAGE FACILITIES." The records are kept by me as County Clerk, County of Kerr, in the regular course of business with knowledge of the act, event, condition, opinion, or diagnosis, recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon thereafter. The record attached hereto is the original or exact duplicate o£ the offir.ial record. BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared ~ known to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that she executed the same for the purpose's and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 (SEAL) 1 Notary/Public, .State bf Texas My commission expires: Draft 319/01 5:45 PM ORDER N0. ORDER ADOPTING RULES OF KERR COUNTY, TEXAS FOR ON-SITE SEWAGE FACILITIES PREAMBLE WHEREAS, the Texas Natural Resource Conservation Commission has established Design Criteria for on-site sewage facilities to provide the citizens of this State with adequate public health protection and a minimum of environmental pollution; and WHEREAS, the Legislature has enacted legislation, codified as Texas Health and Safety Code, Chapter 366, which authorizes a local government to regulate the use of on-site sewage disposal facilities in its jurisdiction in order to abate or prevent pollution, or injury to public health arising out of the use of on-site sewage facilities; and - ~_ WHEREAS, due notice was given of a meeting and public hearing to determine whether the Commissioners Court of Kerr County, Texas should enact an order controlling or prohibiting the installation or use bf on-site sewage facilities in the County of Kerr, Texas; and WHEREAS, said meeting and public hearing were held in accordance with the notice thereof, and the evidence and arguments there presented were considered by the Commissioner Court of Kerr County, Texas; and WHEREAS, the Commissioners Court of Kerr County, Texas finds that the use of on-site sewage facilities in Kerr County, Texas is causing or may cause pollution, and is injuring or may injure the public health; and WHEREAS, the Commissioners Court of Kerr County, Texas has considered the matter and deems it appropriate to enact an Order adopting Rules regulating on-site sewage facilities to abate or prevent pollution, or injury to public health in Kerr County, Texas. NOW, THEREFORE, BE IT ORDERED BY THE COI~IISSIONERS COURT OF KERR COUNTY, TEXAS: SECTION 1. THAT the matters and facts recited in the preamble hereof are hereby found and determined to be true and correct; SECTION 2. THAT the use of on-site sewage facilities in Kerr County, Texas is causing or may cause pollution or is inj~iring or may injure the public health; SECTION 3. THAT an Order for Kerr County, Texas be adopted entitled "On-Site Sewage Disposal," which shall read as follows: AN ORDER ENTITLED ON-SITE SEWAGE DISPOSAL SECTION 9. CONFLICTS. All Orders or parts of the Orders of Kerr County, Texas not consistent with or in conflict with the provisions of this Order are hereby repealed. SECTION 5. ADOPTING CHAPTER 366. The County of Kerr Texas clearly understands the technical criteria, legal requirements, and administrative procedures and duties associated with regulating on-site sewage facilities, does adopt and will fully enforce Chapter 366 of the Texas Health and Safety Code. ~~ z Draft 3/9/01 5:45 PM SECTION 6. AREA OF JURISDICTION. The Rules shall apply to all the area lying in Kerr County, Texas, except for the area regulated under an existing Rule and the areas within incorporated cities. SECTION 7. ON-SITE SEWAGE FACILITY RULES. Any structure discharging sewage into an on-site sewage facility within the jurisdictional area of Herr County, Texas must comply with the Rules adopted in Section 8 of this Order. SECTION 8. ON-SITE SEWAGE FACILITY RULES ADOPTED. The Rules ("Design Criteria For On-site Sewage Facilities" and Administrative Rules 30 TAC 285.1- 285.91, attached hek`eto, promulgated by the Texas Natural Resource Conservation Commission for os-site-sewage systems are hereby adopted, and all officials and employees of Kerr County, Texas having duties under said Rules are authorized to perform such duties as are required of them under said Rules. SECTION 9, INCORPORATION BY REFERENCE. The Design Criteria and all future amendments and revisions thereto are incorporated by reference and are thus made apart of these Rules. A copy of the current Design Criteria is attached to these Rules as Appendix I. SECTION 10. AMENDMENTS. (a) Upon the transfer of ownership or possession of a lot or tract of land which has one or more OSSF thereon by sale, contract for deed, or leasing for a period exceeding three years the owner shall apply to the Designated Representative for an inspection of each OSSF, if required, as shown in the following diagram: Is thereavalid Yes Was the License-to- Lkerlse-to-Operatethe Operate the OSSF issued OSSF on recordat3he lessthan 10.years before time oftranster7 the trdnsfeR tVo Na r-- An inspectintt shall be required;in-accordance wittttne procedures stpv~rti tiebw; (b)Znspection Procedures and Standards. Yes Have aH primary and _` secondary tard