ORDER NO. 27 ~'~c RF'PROVRL TO GRRNT R l"EMPORRRY "EXCEPTION" OR "VRRIRNL'E" TO THE O. S. S. F. RERL ESTRTE TRRNSFER REOUTREMENTS On this the S2nd day of Rpril 2002, upon motion made by Commissioner Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-~, to grant and exception to the Section 10 real esi;ate transfer r•eq~air•ements in the Kerr County O. S. S. F. Rules for the sale of the Rancho Oaks Mobile Home Park, a onetime exception, upon approval by the Court of an agreement between the seller, the prospective p~ar•chaser•, and N,er•r• County that the mobile home park will 6e connected to the central sewer collection system not later than 4 months after such sewer- collection system is available for lase. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: William H. Williams OFFICE: Commissioner, Pct. 2 MEETING DATE: Apri122, 2002 TIME PREFERRED: SUBJECT: (Please be specific) Consider and discuss appropriate action to grant a temporary "exception" or "vaziance" to the OSSF Real Estate Transfer requirements for Bill Clements, owner of the Rancho Oaks Mobile Home Park on Ranchero Road in return for agreement to hook mobile home park onto sewer collection line to be constructed in near future. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON(S) ADDRESSING THE COURT: Bill Williams, Pct. 2. ESTIMATED LENGTH OF PRESENTATTON: 10 minutes. 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, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday 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 prepazed for the Court's formal consideration and action at time of Court meetings. Your cooperation is appreciated and contributes toward your request being addressed at the earliest opportunity. See Agenda Request Rule adopted by Commissioners Court. Agenda Item Background Information April 15, 2002 The property in question is within Phase I of the forthcoming Kerrville South wastewater collection project for which we expect construction to begin later this year. Mr. Bill Clements, owner of Rancho Oaks Mobile Home Park on Ranchero Road, has entered into a contract to sell this property. He asserts that both he and the purchaser aze willing to enter into agreement(s) to provide the necessary easements onto and inside the property for the sewer collection line, and that all existing units and/or pads for additional units will hook up to the sewer line when it becomes available. Attached hereto is copy of a memorandum addressed to County Attorney David Motley in which Commissioner Baldwin and I raise some issues for response and guidance. To date, no response has been forthcoming. Mr. Clements has discussed the urgency of this matter with both Commissioner Baldwin and me. We indicated our willingness to place the matter on the April 22 Commissioners Court Agenda for discussion and action. Attached also is correspondence from Kerr County OSSF Designated Representative, and an e-mail from UGRA GM Jim Brown to Judge Henneke, Commissioner Griffin and me. WHW Memorandum March 18, 2002 To: David Motley, County Attorney From: William H. Williars, Commissioner, Pct. 2 H. A. "Buster" Baldwin, Commissioner, Pct. Subject: Issues arising from Kerrville South Wastewater Collection Project BACKGROUND: Kerr County is recipient of two grants for the purpose of constructing a wastewater collection system in an unincorporated area of Kerrville South designated as Phase I of the project. Kerr County by Interlocal Agreement with the Upper Guadalupe River Authority has contracted for UGRA to be the project manager for construction, and ultimately the system owner and operator resulting from a future transfer from Kerr County. CURRENT ISSUE TO BE RESOLVED: The Rancho Oaks Mobile Home Pazk, on Ranchero Road, owned and operated by Mr. Bill Clements is for sale. This MHP has 23 units, all on separate septic systems. Mr. Clements and a prospective purchaser would like to have the MHP served by the new sewage collection system, and aze ready and willing to grant the necessary easements for sewer collection lines to be laid on this property. The attached letter (draft) was sent to Mr. Clements from Kerr county Designated Representative Stuart Barron. In it he references recent OSSF inspections, fees, etc. Further, suggestions are made as to the need to find a way to avoid future inspections, fees, etc., if the seller and purchaser agree by contract to provide the required sanitary easements, and make arrangements to hook up the MHP to the sewer system within a reasonable period of time after same becomes available. The questions we have aze: 1. In this circumstance, would it be better for Commissioners Court to approve a variance to the real estate transfer requirements of our current OSSF Rules; or can we grant an "exception" based on the willingness of the pazties to enter into an agreement for future hookup? 2. Can Commissioners Court waive the fees involved, or is this a function of the Designated Representative? 3. What type of agreement do we need to acquire necessary easements and assure future hookup to the sanitary sewer when completed? 4. Are there additional questions that arise from Mr. Baryon's letter that must be resolved? The sale of this property is awaiting resolution of these questions. We will not put this matter before the Court until you provide us guidance on these questions. However, we have indicated to Mr. Clements we will strive to place same on the Apri122 Commissioners Court agenda. Bill Williams Buster Baldwin March 14, 2002 Guadalupe Basin Natural Resources Center 125 Lehmann Drive Ste. 100 Kerrville, Tezas 78028-5908 (830) 896.5445 Faz(830) 257.2621 E-mail: ugraadm®ugra.org The Honorable Fred Henneke And the members of Kerr County Commissioner Court Kerr County Courthouse 700 Main Street Kerrville, TX 78028 RE: On-site sewage facilities located in Rancho Oaks MHP, [n the 700 block of Ranchero Road, Kerr County, TX Dear Sirs: On February 22, 2002, I inspected nine septic systems located in the Rancho Oaks Mobile [tome Park for a cost of $100. I was specifically looking for any on-site sewage facility that was causing nuisance conditions. I did not find any nuisance conditions on this property. However, four of the nine septic tanks will require pumping before ownership of this property can be transferred. This property has not gone through the official transfer procedures as required by KerC County Commissioners' Court Order No. 27080, at this time. The justification for requesting this variance is to minimize transfer fees, while the centralized collection system is being developed in the area. The owner of the subject property will be required to hook-up to this centralized collection system within 24 months of it becoming available. The new owner will need to allow sanitary easements, into and or through their property in writing, for the collection system. The sewer hook- up fees will be determined by the amount of income in each specific household, If the buyer and seller agree to hook onto the centralized sewer system within 24 months of it becoming available and will allow a sewer easement into and or through this property, the Rancho Oaks MHP, I recommend a variance be granted that will allow the owner and buyer to be exempt from the Kerr County OSSF transfer process. The seller and the buyer must execute a document between the seller, buyer, and the County, whereby the seller and buyer agree to connect to the centralized wastewater collection system. The document is [o be developed by Kerr County and executcd before a Notary Public. This property will then be eligible for transfer without having to complete the entire real estate transfer as set out in Kerr County Order No. 27080, of the adopted Kerr County OSSF Rules. Stuart J. Barron, Manager Environmental Health & Safety Division Designated Representative Kerr County OSSF Program SJB:psh cc: UGRA OSSF File Nos. 079-385, 082-308, 087-093 Clements Rancho Oaks MHP 031402.doc ,:~; Bill Williams From: "J.T.Brown" To: "Fred Henneke" , "Com. William H. Williams" ; "Larry Griffin" Cc: "Scott A Loveland" ; "Stuart Barron" Sent: Tuesday, February 12, 2002 3:28 PM Subject: Kemille South OSSFNVastewater Issues Judge, Bill and Larry, Reference my a-mail dated Wednesday 2-06-02 @ 11:09 AM, Subject: OSSF Units and Sewer Connections, The owner of the mobile home pazk on Ranchero Road is prepazing to sell the mobile home pazk. There aze approximately 27 OSSF units in the area, most or about 90% are not licensed. He is interested in connecting to the wastewater system if and when available, wants to sell the tract with those conditions attached to the sell. Stuart needs direction. If a visual inspection, which is non-invasive, indicates none are failing, the man is willing to sign an agreement with the County agreeing to connect to the wastewater service, can we issue a conditional license with binding terms that expires upon a reasonable date subsequent to wastewater service being made available? I realize there is no policy on the county's books at this time and one should be developed and approved as soon as feasibly possible, is there a prohibition against issuing such a conditional permit. Since TNRCC rules are silent of the issue of real estate transfers, we will have to look beyond their rules. I would like to discuss this issue at the 11:OOAM meeting tomorrow. We need Grantworks input as to the eligibility of the park's participation in the grant process, the county's position on the issue, and instructions as to how the county wants UGRA to proceed on the matter. I suspect there may be more and similaz issues arising out of the wastewater installations and mobile home pazks through out the county. I understand that the three of you cannot be here at the same time. If this is something that the Judge prefers the two commissioners to take the lead on, then we can schedule the item azound the Judge's schedule. Your comments appreciated. Jim Brown 2/13/02 y~5 ~o P-dSerY~evr~5 M1 ease,-ra,{' R=~s R,~.N C ~-t Q 4A.KS A vU8olVtSt~]N coMPRtSING 6.~7.d•GRE.S GtF LANOti MORE 4R l_E55, C~t,r'C of wM. G. Ft2A,t~lCtS SuR~lE~( No. 14.6 ~ ,O,~S'~R,~,G~' rta, ~3Z ~ -N KERR co~..~tiaT~(~ 't"EXA.S Au~usT t9t?i5 ~c~d~~a ~~~ ~ ~ ~~~V~ Li CuY 8111EET, REPIIVILLE. 1fan0 >epi~. ODtiNlq 3