ORDER ND. ~8~`5
AP'P'ROVE WAIVER DF SEPTIC SYSTEM IMPROVEMENTS
On this the 4th day of March, 2003, ~_ipon motion made by
Commissioner Williams, seconded by Commissioner Baldwin, the
Co~_trt unanimously approved by a vote of 4-0-~, the req~_~est as
presented that wo~.ald enable Felix H~_~nter and Liz F'rice to
enter into an agreement with N.er,r~ Co~_inty far a waiver, of
improvements if it's not ca~_ising a n~_~isance condition to
remain operating ~_~ntil the time it can be hooked onto the city
septic system, at ~~` Ranchero Rvad, with the clear,
understanding that the q~_~id pro q~_~o for that waiver is hooking
onto the sewer system within 120 days of it becoming
available, and that the contract be presented for review to
the Co~_inty Attorney, and that Mr'. Rar,ron, O. S. 5. F. Designated
Representative, do a surface inspection and report back to the
Co~_irt his findings.
~ ( ~„ 1
COMMISSIONERS' COURT AGENDA REQUEST I
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS RE VEST AND DOCUM
TO BE REVIEWED BY THE COURT.
MADE BY: _ Beverly Buffington OFFICE: Buffington Realty
MEETING DATE: next meeting if possible TIME PREFERRED:
SUBJECT: (Please Be Specific)
Request for waiver of immediate inspection of septic system at 302 Ranchero Road.
This request is being made by Felix Hunter, owner of the property and represented by
his agent, Beverly Buffington, and Liz Price, purchaser of the property. [,,)e have
spoken with Bill Williams by telephone regarding this request, and he indicated he
would place this on the agenda.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON):
NAME OF PERSON ADDRESSING 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,
Chapter 551 and 552, Government Code, is as follows:
Liz Price & Beverly Buffington
5 minutes
Meeting schedule 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 prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation
will be appreciated and contribute towards your request being addressed at the earliest opportunity. See
Agenda Request Rules Adopted by Commissioners' Court, Court Order No. 25722.
302 AJ~B Ranchero Road
Contract Concerning Kerrville . TX 78028 _ Page Four 10-29-01
(Address of Properly)
repairs and treatments prior to the Closing Date, Buyer may do so and receive reimbursement from Seller at
closing. The Closing Date will be extended up to 15 days, if necessary, to complete repairs and treatments. .
G. ENVIRONMENTAL MATTERS. Buyer is advised that the presence of wetlands, toxic substances, including
asbestos and wastes or other environmental hazards. or the presence of a threatened or endangered species or
its habitat may affect Buyer's intended use of the Property. If Buyer is concerned about these matters, an
addendum promulgated by TREC or required by the parties should be used.
H. RESIDENTIAL SERVICE CONTRACTS. Buyer may purchase a residential service contract from a residential
service company licensed by TREC. If Buyer purchases a residential service contract, Seller shall reimburse
Buyer at closing for the cost of the residential service contract in an amount not exceeding
$ .Buyer should review any residential service contract for the scope of
coverage, exclusions and limitations. The purchase of a residential service contract is optional. Similar
coverage may be purchased from various companies authorized to do business in Texas.
8. BROKERS' FEES: All obligations of the parties for payment of brokers' fees are contained in separate written
_agreements.
9. CLOSING:
A. T'he closing of the sale will be on or before April 21 2003 , or within 7 days
after objections to matters disclosed in the Commitment or by the survey have been cured, whichever date is
later (Closing Date). If either party fails to close the sale by the Closing Date, the non-defaulting party may
exercise the remedies contained in Paragraph 15.
B. At closing:
(1) Seller shall execute and deliver a general warranty deed conveying title to the Property to Buyer and
shawing no additional exceptions to those permitted in Paragraph 6 and furnish tax statements or certificates
showing no delinquent taxes on the Property.
(2) Buyer shall pay the Sales Price in good funds acceptable to the escrow agent.
(3} Seller and Buyer shall execute and deliver any notices, statements, certificates, affidavits, releases, loan
documents and other documents required of them by this contract, the Commitment or law necessary for the
closing of the sale and the issuance of the Title Policy.
C. Unless expressly prohibited by written agreement, Seller may continue to show the Property and receive,
negotiate and accept back-up offers.
10. POSSESSION: Seller shall deliver to Buyer possession of the Property in its present or required condition,
ordinary wear and tear excepted: ®upon closing and funding ^ according to a temporary residential lease farm
promulgated by TREC or other written lease required by the parties. Any possession by Buyer prior to closing or by
Seller after closing which is not authorized by a written lease will establish a tenancy at sufferance relationship
between the parties. Consult your insurance agent poor to change of ownership or possession because insurance
coverage may be limited or terminated. The absence of a written lease or appropriate insurance coverage may
expose the parties to economic loss.
11. SPECIAL PROVISIONS: (Insert only factual statements and business details applicable to the sale. TREC rules
prohibit licensees from adding factual statements or business details for which a contract addendum, lease or other
form has been promulgated by TREC for mandatory use.)
(1) This contract is contingent upon a Maiver of immediate inspection of the
septic system being granted by Kerr County Coatmissioners' Court, wad further,
buyer accepts full responsibility for the septic system and agrees to
imsaediately connect to city sewer xhen available, all Mork at buyer's cost.
(2) Buyer is aMare the tenant in 302B aide is on a month-to-month basis and
seller sill give tenant a 30-day notice of lease cancellation. (3) Seller is
axare that Liz Price is a TREP,.
12. SETTLEMENTAND OTHER EXPENSES:
A. The following expenses must be paid at or prior to closing:
(1 } Expenses payable by Seller (Sellers Expenses): Releases of existing liens, including prepayment penalties
and recording fees; release of Sellers loan liability; tax statements or certificates; preparation of deed;
one-half of escrow fee; and other expenses payable by Seller under this contract.
Initialed for identification by Buyer and Seller 01A
(TAR-1601) 10-29-01
TREC NO. 20-5
Page 4 of 8
ORDER NO, c7~22
APPROVAL TO GRANT A TEMPORARY "EXCEPTION" OR "VARIANCE"
TO THE O. S.S. F. REAL ESTATE TRANSFER REDUI REMENTS
On this the 22nd day of April 2002, upon motion made by
Commissioner Williams, seconded by Commissioner Baldwin, the
Court unania~ausly approved by a vote of 4-0-0, to grant and
exception to the Section 10 real estate transfer requirements
in the Kerr° County 0. S. 5. F. Rules far 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
purchaser, and Y.er•r County that the mobile home park will be
connected to the central sewer collection System not later
than 24 months after such sewer collection system is available
for use.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE F[JRNISii ONE ORIGINAL AND NINE COPIES OF THIS REQUEST
AND DOCUMENTS TO BE ~VI~ W~ B~ T~iE COURT.
MADE BY: William H. VNiIliams OFFICE: Commissioner, Pct. 2
MEETING DATE: April 22, 2002 TIME PREFERRED:
SUBJECT: (Please be specific) Consider and discuss appropriate action to grant a temporary
"exception" or "variance" to the OSSF Real Estate Transfer requirements for Bill Clements,
owner of the Ra~rcho Oaks Mobile Home Panic on Ranchero Road in n~turn for agreement to hook
mobile home park onto sewcr 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 PRESENTATION: 10 minutes.
IF PERSONNEL MATTER-NAME OF EMPLOYEE:
Time for suMnitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter S51 and 552, Gove{nment Code, is as follows:
Meeting scheduled far Mondays: 5:00 P.M. previous Tuesday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON: (c~
A Il Agenda Requests will be scr+eenad by the County Judge's Offioe to determine if adequate
information has been prepared for the Court's formal consideration and actkn at time of Corot
meetings. Your cooperation is appreciated and conin'butes toward your request being addressed
at the carliest opportunity. See Agenda Request Rule adopted by Commissioners Court.
Asenda Item Back¢ronnd Information
April i S, 2002
The property in question is within Phase I of the forthcoming Kerrville South
wastewater collection project for which we expect constnrction 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 are willing to enter into agreement(s) to provide the necessary easements onto
and the property for the sewer collection line, and that all existing units and/or
pads for additional units will hook ug to the sewer litre when it becomes available.
Attached hereto is copy of a memorandum addressed to County Attorney David
Motley in which Commissioner Ballwin and I raise some issues for response and
guidance. To date, nD response has been forthcoming.
Mr. Clements has discussed the urgency of this matter with both Commissioner
Baldwin and me. We indicated our wr"~ess 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 Tim Brown to Judge Henneke,
Comer Gri$'ar and me.
wxw
Memorandum
March l s, zone
To: David Matle~y, County Attorney
From: William H. Wilkmrm, Comanmssioner, Pct. 2
H. A. "Buster" Baldwin, Commissioner, Pct. t
Subject: I~si~mg from Kerrville South Wastewater Coliection~
BACKGROUND: Kerr County is recipient of two grants for the purpose of
constructing a wastewater collection system in an imiacorporateci area of Kerrville South
designated as Phase I of the project. Kerr County by Interlocat Agreement with the
Upper Gu~ulahipe River Authority has contracted for UGRA to be the project manager
for construction, and uhiroately the system owner aril operator resulting from a future
transfer from Kerr County.
CI7RRENT ISSUE TO BE RESOLVED: The Rancho Oaks Mobile Home
Park, on Ranchero Road, owned and operated by Mr. Bill CIerra+r-ts is for sale. This
MHP has 23 amts, all on separate septic systerr~. Mr. Clements and a prospective
purchaser would tike to have the MHI' served by the new sewage collection system, and
are ready and willing to grant the necessary ea~-ents for sewer collection lines #o be
laid on this property.
The attached letter (draft) was sent to Mr. Clements from Kerr county Desig~ted
Representative Stuart I3arron In it he references recent OSSF inspect~ns, fees, etc.
Further, suggestions are made as to the need to find a way to avoid firture inspections,
fees, etc., if the seller and purchaser agree by contract to provide the required sarnitary
mss, 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 are: 1. In this circumstance, would it be better for
Comrrrissioners Court to approve a variance to the real estate transfer requiremerrts of our
current. OSSF Rules; or can we grant an "exception" based on the w~ of the
parties to enter into an agree~t for future hookup? Z. Can Commissioners Court
waive the fees involved, or is this a fimction of the Designated Representative? 3. What
type of agreement do we need to acquire necessary ~ and assure future hookup
to the sanitaq- sewer when completed? 4. Are there additional questions that arise from
Mr. Barmn's letter that must be resolved?
The sale of this property is awaiting resolution ofthese questions. We w~71 not put
this matter before the Court untfi you provide us guidance on these questions. However,
we have indicated to Mr. Clements we wt71 strive to place same on the April 22
Commmissioners Court agenda.
Bill Williams
Buster Baldwin
March 14, 2002
Gmalalupc Basin
Natural
Raosaza Center
125 Lehmann Drive
Sce. loo
Kerrville, Tezas
1801&5908
tom) ~b-54445
Faz (834125?-Ib2t
~msll: ~~ar
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,
In the 700 block of Ranchero Road, Kerr County, TX
Dear Sirs:
Qn February 22, 2002, I inspected nine septic systems located in the Rancho Oaks
Mobile Iiome Park for a cost of 5100. 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
Kett 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 wilt 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 to be developed by Kerc County and executed
before a Notary Public. This property wilt then be eligible for transfer without
having to complete the entire real estate transfer as set out in Kerr County Order No.
27480 Section 10, of the adopted Kerr County OSSF Rules.
!~
Stuart ]. Barron, Manager
Environmental Health & Safety Division
Designated Representative
Kerr County OSSF Program
SJB:psh
cc: UGRA OSSF File Nos, 079-385, 082-308, 087-043
Clements Rancho Oaks MHP 031402.doc
ilk;: t~.. ..
BiN WiNiants
From: "J.T.Brown" cugrajtt~ugra.or+g>
To: "Fn~d Hennetce" <kerrktc.corn>; "Coro. Vlfilliam H. Wl~ms" <kerna2~kbc.com>; "Larry
Griffin" <lgritbn®klc.com>
Ce: "Sett A Loveland" <ugrasal~ktc.com>; "Stuart Barron" <ugrasjb~u9m•a'9>
Sant: Tuesday, February 12, 2002 3:28 tsNl
Sub~ct: Kerrville South OSSFNVastewafier Issues
Judge, Bill and Larry,
Reference my e-mail dated Wedr-esday 2-06-02 aQ I I :09 A.M, Subject: OSSF Units
and Sewer Connections,
The owner of the mobile home park on Ranchero Road is preparing to sell the
mobile home park. There are approximately 27 OSSF units in the area, most
or about 90'/e 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
Giantworks input as tv 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
mare and similar issues arising out of the wastewater installations and
mobile home parks through out the county.
I understand that the throe 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 around the Judge's schedule. Your
cortunents appreciated.
Jun Brown
2/13/02
'~ ~~~ -~RSy,35

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AGREEMENT FOR REQUEST FOR
WAIVER OF IMMEDIATE INSPECTION
OF ON-SITE SEPTIC FACILITY
This agreement, made this ~~ day of April, 2003, between Felix Hunter as
Seller, and Liz Price as Buyer of the property located at Lot 7, Oak Grove Addition,
Kerr County, Texas, known as 302 A&B Ranchero Road, Kerrville, Texas 78028,
and Kerr County Commissioners Court for the purpose of granting of a waiver of
immediate inspection of the on-site septic facility located on the property. A non-
invasive inspection of the septic facility has been performed by Upper Guadalupe
River Authority.
On March 24, 2003, the buyer and seller made a request of Commissioners Court
for a waiver of immediate inspection of the Ranchero Road on-site septic facility.
Per the terms of the earnest money contract and this agreement, the buyer agrees, at
her sole expense, to connect to the public sewer when it becomes available to the
302 Ranchero Road residence within l 80 days of sewer availability. If connection
to public sewer is not made with 180 days, the Buyer agrees to have Upper
Guadalupe River Authority inspect the system for licensing.
With the above terms and conditions being agreed to by the undersigned, Kerr
County agrees to the granting of a waiver of immediate inspection of the on-site
septic facility.
SIGNED:
,~
elix unter
SIGNED:
~r
Liz Pric
SIGNED:
`~~
Representative for Kerr County
Commissioners Court
April 22, 2003
Bill,
Enclosed is the Agreement for Request for Waiver of Immediate Inspection of On-Site
Septic Facility located at 302 Ranchero Road.
David Motley has reviewed, made one change/addition, and I have given a copy of the
revised agreement to him.
As soon as the Commissioners have made a decision and signed the Agreement, please let
me know and I will pick up a signed copy for my file and one for Felix and
Liz.
Thank you for all of your assistance and guidance in this matter,