C ~.3L°?2: /~
COMMISSIONERS COURT AGENDA REQUEST
MADE BY: Dave Nicholson
MEETING DATE: January 13, 2003
SUBJECT: (PLEASE BE SPECIFIC)
OFFICE: Commissioner. Precinct 4
TIME PREFERRED:
Consider and discuss and take appropriate action to inform the Upper Guadalupe River
Authority of the County's intention to not extend the current contract for administration
of On-Site-Septic-Facility (OSSF) program and to establish a transition team to create a
plan for administration of the OSSF program by the County or another entity.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
. IF PERSONNEL MATTER - NAME OF EMPLOYEE:
Commissioner Precinct #4
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.
3ro Januazy 2003
Judge Tinley, Commissioners Baldwin, Williams and Letz:
Re: On-Site-Septic-Facility Program
The UGRA has demonstrated that it is incapable of administering the OSSF program in a
responsible way. Members of The Commissioners Court aze well awaze of this problem
so I will not repeat the azguments for the Court to re-assume this critical responsibility.
It is very likely that we will see change in water governance in 2003. A significant
number of Kerr County citizens have petitioned our legislators to abolish the UGRA, the
UGRA has not budgeted funds to administer the OSSF beyond this yeaz and our State
Representative will introduce legislation to permit the combining of UGRA and HGCD
into a single agency.
We need to take back this important responsibility and we must do that in a deliberate
and responsible way. The right way to do this is to appoint a team of knowledgeable
people to create a plan for transition and administration and that is what I am proposing.
..-. Regazds,
Dave Nicholson
ORDER NO. 27283
FIRST AMENDMENT TO UGRR/OSSF CONTRRCT
On this the `3th day of October c001, ~_ipon motion made 6y
Commissioner Williams, seconded by Commissioner Letz, the
Cour-t unanimously approved by a vote of 4-0-Q, the First
Rmendment to Inter•gover•mental Agreement for• Operation of N.er•r^
County OSSF Program, and authorize County Judge to sign same.
`~ FDZST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
FOR OPERATION OF KERR COUNTY OSSF PROGRAM
This amendment to the Intergovernmental Agreement for Operation of Kerr County OSSF Program dated
July 22, 1996, (the "OSSF Agreement") is entered into this Cj/3 day of Dr.Iv bW , 2001, pursuant to the terms
of Chapter 791 of the Texas Government Code, between Kerr County, Texas, acting through its Commissioners
Court (the "County'), and the Upper Guadalupe River Authority ("UGRA").
Whereas, the OSSF Agreement provides for automatic annual renewal periods pursuant to Article II,
Section 2.2, and the County and UGRA desire to continue the relationship; and
Whereas, the OSSF Agreement does not provide a specific payment schedule for the fiscal year beginning
October 1, 2001;
Therefore, it is agreed that Article N, Section 4.Ic of the OSSF Agreement is amended to read as follows:
ARTICLE IV
PAYMENTS
4.1(c) Kerr County agrees to pay UGRA the sum of 530,000 for the services rendered beginning October
I, 2001, with such payment to be made on the l" day of October 2001, or as soon thereafter as this
amendment is executed.
EXCEPT AS AMENDED HEREIN, the OSSF Agreement remains in affect.
APPROVAL
,.-. APPROVED AND ORDERED by the Commissioners Court of Kerr County this ! day of
2001
OF KERB

APPROVED AND
day of ~rvgE,~L, 2001.
ST:
Guadalupe River Authority Board of Directors this /7 T.~!
UPPER GUADA~-~ORITY
By:
/ic~ .~.oex~o
-.
ORDER NO. 23457
AFGROVRL OF INTERLOCAL RGREEMENT PETWEEN Y.ERR
COUNTY AND UGRA REGARDING ON-SITE SEWAGE FACILITIES
RND AUTHORIZE THE COUNTY JUDGE TO SIGN SAME
On this the 23rd day of July 1996, upon motion made by
Commissioner Holekamp, seconded by Commissioner Oehler-, the
Court unanimously approved by a vote of 4-~D-~D, to approve the
interlocal agreement between Kerr County and UGRA regarding
On-Site Sewage Facilities and authorise the County Judge to
said document.
.-. STATE OF TEXAS }
COUNTY OF KERR }
INTERGOVERNMENTAL AGREEMENT
FOR OPERATION OF
KERR COUNTY OSSF PROGRAM
This Agreement is entered into on this 22nd day of JAY 1996,
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 Upper
Guadalupe River Authority, hereinafter called "UGRA", 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 Ken
County by the Texas Natural Resource Conservation Commission; and
WHEREAS, the County finds 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 fords 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, UGRA's territorial jurisdiction is the same as the County's; and
WHEREAS, UGRA has an established environmental services program consisting
of Registered Sanitarians, Limnologists and other water quality specialists; and
WHEREAS, UGRA has expressed a willingness to operate the 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).
Intergovernmental Agreement for Operation of Kerr County OSSF Program
Page 2
NOW THEREFORE, be it resolved that Kerr County and the Upper Guadalupe
River Authority enter into this Intergovernmental Cooperation Agreement for the
administration and operation of the Ken County OSSF Program.
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 Kerr County
Commissioners' Court, its agents, designees or employees of Kerr County, 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 nrles 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 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 Ketr County OSSF Program as adopted, by the
Ken County Commissioners Court.
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 terms of this Agreement and the Kerr County OSSF
Program.
^ Intergovernmental Agreement for Operation of Kerr County OSSF Program
Page 3
ARTICLE II
TERM/'I'ERivIINATION
2.1. The initial term of this Agreement shall be from October 1, 1996, through
September 30, 1997.
2.2. This Agreement shall be renewed automatically, without action by any party
hereto, for successive periods of one (1) year each, commencing on the first day of
October, 1997, and the fast day of every subsequent October, unless notice of
cancellation is given by either party hereto not less than ninety (90) days prior to
the commencement of the renewal term in question.
2.3. Either party may tem~inate 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 temunating party.
ARTICLE III
CONTRACTED SERVICES
3.1. General. UGRA agrees to provide complete administration and operation to Kerr
County of its OSSF Program, including but not limited to the following:
3.1.a. Maintenance of forms for applications foc a pemut to construct an on-site
sewage facility, review of the same for compliance with the Hiles 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.
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..
Intergovernmental Agreement for Operation of Kerr County OSSF Program
Page 4
3.1.c. Review of each apphcation for location of any such OSSF and its related
appurtenances within the flood plain boundaries designated or established
by the Corps of Engineers.
3.1.d. Subdivision plat review providing a certification that the proposed plat
meets any requirements of the Kerr County OSSF Program.
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, RegisteredSanitazians, 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. Ten (10) copies of the OSSF Program audit will be submitted to the
County within ten (10) days following acceptance of the audit by the UGRA Boazd
of Directors.
3.4 Quarterly reports on the program's activities will be furnished to the County within
30 days following the end of each quarterly reporting period, identified as ending
on December 31, March 31, June 30 and September 30 of each year.
ARTICLE IV
PAYMENTS
4.1 Payments by Kerr County.
4.1.a. During the first year of operations pursuant to this agreement, Kerr County
agrees to pay UGRA a sum of $40,000.00 per year for administration of
the Kerr County OSSF Program for the period of October 1, 1996 to
September 30, '997, with such payment being due on October 1, 1996.
""1 Intergovernmental Agreement for Operation of Kerr County OSSF Program
Page 5
4.1.b. Should this agreement extend into a second yeaz, Kerr County agrees to
pay UGRA a sum of $35,000.00 per year for services for administration of
the Kerr County OSSF Program for the period of October 1, 1997 through
September 30, 1998, with such payment being due on Octobec 1, 1997.
4.1.c. Should this Agreement extend beyond September 30, 1998, Kerr County
agrees to pay UGRA a sum of $30,000.00 per year for services for
administration of the Kerr County OSSF Program for each fiscal yeaz of
October 1, 1998 to September 30, 1999; October 1, 1999 to September
30, 2000; and October 1, 2000 to September 30, 2001, with the payment
for such services due on the first day of the fiscal year during which the
Agreement is in effect.
4.1.d. Should this Agreement terminate pursuant to part 2.3, a prorated amount
of the fiscal year's annual services payment shall be refunded from UGRA
to Kerr County within fifteen (15) days following the termination date.
"~ 4.1.e. Should this Agreement extend beyond September 30, 2001, payments for
services, if any, shall be subject to further agreement of the parties pursuant
to the terms of part 7.3. of this Agreement.
4.2. Fees
4.2.a. In addition to the payments described in part 4.1., UGRA is authorized to
collect, retain and expend fees established by Kerr County as part of its
OSSF Program.
4.2.b. When requested by UGRA, Kerr County agrees both to consider UGRA
proposals for adjustment of OSSF Program fees and to act to accept,
modify or deny such requests within sixty (60) days following receipt.
ARTICLE V
SPECIAL CONDITIONS
5.1. AdministrativeJOperationMethodology.
S.l.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 an
Appeal is properly submitted to the Kerr County Commissioners
"' Court. Individual members of the Kerr County Commissioners Court, their
agents and employees shall refec all questions and matters which come to
"'- Interngovernmental Agreement for Operation of Kerr County OSSF Program
Page 6
their attention to the UGRA and members of the Court shall use their
influence and good will to encourage all applicants and permittees to
resolve the issue with the General Manager, when possible.
5.1.6. 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. The County agrees to pay or cause
to be paid to any professional or technical expert, any fees relating to the revision
or amendment to the Kerr County OSSF Program Rules and Regulations.
5.3. UGRA may present the County with requests for amendments or modifications to
the County OSSF Program Rules and Regulations.
5.4. The UGRA agrees to submit the preliminary annual funding request no later than
the third (3rd) Wednesday of the month of July of each year of this Agreement and
every year thereafter until July 2000; and shall submit the final request for funding
no later than the third (3rd) Wednesday of the month of August of each year of
this Agreement and every year thereafter until August 2000.
5.5. The County agrees to allow UGRA to form various advisory boards and/or
standing or ad hoc committees it deems necessary to assist with the effective and
efficient delivery of the services set out herein, and shall give Kerr County the
option of appointing one of its officers or agents to sit on any such board or
... Intergovernmental Agreement for Operation of Kerr County OSSF Program
Page 7
committee. UGRA agrees to notify all members of such committees or boards in
writing seventy-two hours in advance of the meetings of such boards or
committees unless an emergency exists, and the UGRA will notify all members
telephonically not less than three (3) hours before such an emergency meeting.
The County agrees to hear reports from the board or committee at its next regular
scheduled meeting, but is neither obligated nor required to adopt the action or
recommendation of the advisory board or committee.
ARTICLE VI
INDEPENDENT CONTRACTOR
6.1. In performance of its obligations hereunder, the UGRA is an independent
contractor with the exclusive right to administer, operate and evaluate the
performance of the Kerr County OSSF Program. The County shall look to the
UGRA for results only and shall not have the right at any time to direct or
'~ supervise the UGRA 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.
Intergovernmental Agreement for Operation of Kerr County OSSF Program
Page 8
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:
Kerr County: Judge Robert A. Denson
Ken County Judge
Kerr County Courthouse
Kerrville, Texas 78028
UGRA Tun T. Brown, General Manager
UGRA Admin. Offices
Kerrville, Texas 78028
Notices maybe 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 This
~~„r~ day of ,T„iy 1996.
COUNTY OF KERR
ATTEST: ~ ~,
By:
P~ICIA DYE, COUN7.'Y CLIIZEC
L n Ro ert A. Denso ,County Judge
n s
1~
Latergovernmental Agreement for Operation of Kerr County OSSF Program
Page 9
APPROVED AND ADOPTED By the Upper Guadalupe River Authority Board of
Directors this 22nd day of July .1996.
UPPER GUADALUPE RIVER
AU3'~ORTTY
R Mosty, President
ATTEST:
Georgia B:. Christley, Secretary-Treasurer
APPRO D AS TO FORM
By:
McGinnis, Lochridge, & Kilgore, L.L.P.
~-C/ Q~
SPECIAL COMMISSIO RS' COURT AGENDA
WEDNESDAY, SEPTEMBER 13, 2000, 6:30 P.M.
COUNTY COURTROOM
KERB COUNTY COURTHOUSE
KERRVILLE, TEXAS 78028
THIS NOTICE IS POSTED PURSUANT TO THE TEXAS OPEN
MEETINGS ACT. (TITLE 5, CHAPTER 551, GOVERNMENT CODE AND
TITLE 5, CHAPTER 552, GOVERNMENT CODE.)
This Commissioners' Court will hold a joint meeting with the UGRA Board
of Directors at 6:30 P.M., Wednesday, September 13, 2000 at the Kerr County
Courthouse in the Commissioners' Courtroom.
CALL MEETING TO ORDER
I CONSIDERATION AGENDA: (Action may 6e taken on Items
.-, listed below)
1. Consider and discuss the appointment of Sub-committee to discuss
renewal of the Interlocal Agreement between Kerr County and UGRA for
the administration of the Kerr County OSSF and Flood Damage
Prevention Order programs effective September 30, 2001.
2. Consider and discuss the lease and/or transfer of Ingram, Flat Rock and
Center Point Lakes and dams by Kerr County to UGRA.
3. Consider and discuss a report on UGRA's Regional Utility Project
Update.
4. Consider and discuss Conflict of Interest Rules for Designated
Representative, may be conducted in Executive Session in accordance
with Texas Government Code, Section 551.075.
~~?~-!may=J~=~'~,~r a~ ~'o oA~~
1Maa~sn r~°~'.
Bl' .
iNARGARErA. BARBEE, Deputy
t
Robert J. Huston, Chairman -M,
R. B. "Ralph" Marquez, Commissioner I`_°~ ~ ly
~`hleen Hartnett White, Commissioner ~~~ ~ _~ ~ _ ;~"'~
- _.frey A. Saitas, Executive Director
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Protecting Texas bg Reducing and Preaenting Pollution
Apri129, 2002
The Honorable Larry Griffin
Kerr County
P.O. Box 613
Hunt, Texas 78024
RE: County of Kerr
This letter is your notice that the Texas Natural Resource Conservation Commission (TNRCC)
executive director has issued final approval of the above-named application.
You may file a motion to overturn with the chief clerk. A motion to overhlrn is a request for the
commission to review the TNRCC executive director's approval of the application. Any motion
must explain why the commission should review the TNRCC executive director's action.
A motion to overturn must be received by the chief clerk within 23 days after the date of this letter.
An original and 11 copies of a motion must be filed with the chief clerk in person or by mail. The
Chief Clerk's mailing address is Office of the Chief Clerk (MC 105), TNRCC, P.O. Box 13087,
Austin, Texas 78711-3087. On the same day the motion is transmitted to the chief clerk, a copy
must be mailed to the applicant's address listed above. If a motion is not acted on by the
commission within 45 days after the date of this letter, then the motion shall be deemed overruled.
Individual members of the public may seek further information by calling the TNRCC Office of
Public Assistance, toll free, at 1-800-687-4040.
t,J/ D 5 5 F ~ kAJS~•4~
LDC/cz
cc: Blas Coy, Attorney, TNRCC Public Interest Counsel (M.
Ken Graber, TNRCC Compliance Support Division (MC
P.o. Box 13087 • Austin, Texas 78711-3087 • 512/139-1000 • Internet address: www.tnrccstate.bc.us
orinted on rewded Asper using soy-bued ink
TEXAS NATURAL RESOURCE CONSERVp~oF~.~?~~'IISSION
''~ n•CE Op I hcrcby testify that this is • Iruc and Corr«i eoyy 2f ~ Sexss tiltwal
qT Resource COns<[vatinn Corsuniuion dtlGtlffiM4 Mltlch is filCd OG thO
y per,nment records of the CottunllilHH.
2 ~ ~ Given undn my hand a d the sell fitefHe! sM
F
- - a, APR 2 9 2002
L omsa Cassadueli, Chset`C1csk
Texas Nasnral ResdstttC
Canscrvation Cuih7M"~ko*
IN THE MATTER OF THE APPLICATION § BEFORE THE EXECUTIVE
OF THE COUNTY OF KERB § DIRECTOR OF THE TEXAS
FOR A TEXAS HEALTH AND SAFETY § NATURAL RESOURCE
CODE §366.031 ORDER § CONSERVATION COMMISSION
On APR 2 3 2002 the Executive Director of the Texas Natural Resource
Conservation Commission ("Commission" or "TNRCC"), considered the application of the
County of Ken, ("Applicant" or "Kerr"), for an Order pursuant to §366.031, Texas Health and
Safety Code ("Code"), and 30 Texas Administrative Code (TAC) §285.10 of the rules of the
Commission.
No person has requested a public heazing on the application, therefore the Executive Director, on
bchalf of the Commission, is satisfied that the Applicant has satisfied the requirements of
,-~ §366.031 of the Code and, therefore, the Commission finds that the Kerr County Order should be
approved.
FINDINGS OF PACT
The County of Kerr drafred a proposed amendment to the current order which
regulates on-site sewage facilities.
2. On April 11, 2001, the County of Kerr caused notice to be published, in a
newspaper regulazly published and of general circulation, in Ken's azea of
jurisdiction, of a public meeting to be held on Monday, Apri123, 2001.
_ The County of Kerr held a public meeting to discuss the proposed amendment on
Apri123, 2001.
4. Kerr County Order regulating on-site sewage facilities was adopted on May 14,
2001.
A certified copy of the minutes was submitted to the Texas Natural Resource
Conservation Commission.
6. A certified copy of Kerr County Order was submitted to the Texas Natural
Resource Conservation Commission.
.- APPLICATION BY KERB COUNTY TO AMEND THEIR ON-SITE SEWAGE FACILITY
ORDER
Honorable Larry Griffin
Kerr County Commissioner, Precinct 4
P.O. Box 613
Hunt, Texas 78024