COMMISSIONERS COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED 8Y THE COURT. MADE BY: Dave Nicholson OFFICE: ommissioner. Precinct 4 MEETING DATE: July 28. X003 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss proposed new OSSF Rules and Regulations for Kerr County and set a public hearing on same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Comm. Pct #3/Comm. Pct. #4 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: 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. County Judge and Commissioners: This agenda item does three things: 1. It deletes the Section 10 real estate transfer rule. 2. It establishes a rule in Section 10 more stringent than State Of Texas requirements - disallows the 10 acre exemption. 3. It revises the appeal process. The attached order was prepared by our designated representative, Stewart Barron. The changes are generally along the lines proposed by the joint Kerr County/UGRA committee, but the wording my not exactly fit the intent of the committee. For example, Section 10 requires that "any repairs... are required to be permitted and licensed". In my opinion this is unneeded and unenforceable. This would required a fee, permit and inspection to run a rotor rooter in a leach line. I have also attached the law on real estate transactions which requires sellers to certify whether or not their OSSF is functioning properly. This partially addresses the issue raised by Commissioner Williams, but does not provide for the reporting to an Authorized Agent that he recommends. ORDER ADOPTING RULES OF KERR COUNTY, TEXAS FOR ON-SITE SEWAGE FACILITIES PREAMBLE WHEREAS, the Texas Commission on Environmental Quality has established Rules 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 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 public meeting 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, 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 iri Kerr County, Texas. NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT O~Ke~ COUNTY, TEXAS: SECTION 1. THAT the matters and facts recited in the preamble hereof are hereby found and determined to fie true acid correct; SECTION 2. THAT the use of on-site sewage facilities in Ken 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 Facilities", which shall read as follows SECTION 4. CONFLICTS. This Order repeals and replaces any other On-site Sewage Facility order for Kerr ~ounty_ SECTION 5. CHAPTER 366. The County of Kerr, Texas clearly understands that there are technical criteria, legal requirements, and administrative procedures and duties associated with regulating on-site sewage facilities, and will fully enforce Chapter 366 of the Texas Health and Safety Code (H&SC) and Chapters 7 and 3'7 of the Texas Water Code (TWC), and associated rules referenced in Section 8 of this Order. AN ORDER ENTITLED ON-SITE SEWAGE FACILITIES SECTION b. AREA OF JURISDICTION. (A) The Rules shall apply to aII the area Iying in Ken County, Texas, except for the area regulated under an existing Rule and the areas within incorporated cities. {B) These Rules shall apply to those incorporated cities or towns that have executed intergovernmental contracts with Ken County, Texas. SECTION 7. ON-SITE SEWAGE FACILITY RULES. Any permit issued for an on-site sewage facility within the jurisdictional area of Kerr County, Texas must comply with the Rules adopted in Section S of this Order. SECTION 8. ON-SITE SEWAGE FACILITY RULES ADOPTED. The Rules, Title 3~ Texas Administrative Code (TAC) Chapter 28~ and Chapter 30, attached hereto, promulgated by the Texas Commission on Environmental Quality for on-site sewage facilities are hereby adopted, and aII 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 Rules, 30 TAC Chapters 30 and 285 and all future amendments and revisions thereto are incorporated by reference and are thus made a part of these Rules. A copy of the current Rules are attached to these Rules as Appendix I. SECTION i0. AMENDMENTS. The County of Ken, Texas wishing to adopt more stringent Rules for its ~n-Site Sewage Facility Order understands that the more stringent conflicting local Rule shaII take precedence over the corresponding Texas Commission on Environmental Quality requirement. Listed below are the more stringent Rules adopted by Kerr County, Texas: (A) Regardless of the acreage involved, any repairs, alteration, or new installation of an OSSF located within the Derr County, Texa~ are required to be permitted and licensed. r SECTION 11. DUTIES AND POWERS. The OSSF Inspector of Kerr County, Texas, must be certified by the Texas Commission on Environmental Quality before assuming the duties and responsibilities. SECTION 12. COLLECTION OF FEES. All fees collected for permits and/or inspections shall be made payable to Ken County, Texas. SECTION 13. APPEALS. Persons aggrieved by an action or decision of the designated representative may appeal such action or decision to the General Manager of the organization contracted by the Comrriissioners`Court of Ken County, Texas to administer the Courts OSSF program. If the aggrieved person is unsatisfied with the General Manager decision or there has been no action taken within atwo-week period from the date the correspondence was submitted to the General Manager Office (the General Manager office shall issue a receipt for all correspondence of this nature~~~e aggrieved person may appeal to the Commissioners Court of Kerr County, 'Texa . II -~3 If Kerr County chooses to administer~erre own OSSF program; persons aggrieved by an action or decision of their designated representative may appeal such action or decision to Commissioners Court of Kerr County, Texas. SECTION 14. PENALTIES. This Order adopts and incorporates aII appIicable penalty provisions related to on-site sewage facilities, which includes, but is not limited to, those found in Chapters 341 and 3 b6 of the Texas Health and Safety Code, Chapters '~, 26, and 3~ of the Texas Water Code and 30 TAC Chapters 30 and 285. SECTION 15. SEVERABILTTY It is hereby declared to be the intention of the Commissioners Court of 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 sections of this Order, since the same would have been enacted by the Commissioners Court without incorporation in this Order of such unconstitutioral phrases, clause, sentence, paragrapli, or section. SECTION lb. EFFECTIVE DATE. This Order shall be in foil force and effect from and after its date of approval as required by Iaw and upon the approval of the Texas Commission on Environmental Quality. AND IT IS SO ORDERED: PASSED AND APPROVED THIS DATE OF , 20 (SEAL) APPROVED: County Judge ATTEST: County Clerk COUNTY OF SS STATE OF TEXAS SS 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 Ken, Texas. Attached hereto are Opages of records known as (Order) . The records are kept by me as County Clerk, County of , 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 ,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 day of , 20_ (SEAL) Notary/Public, Mate of Texas My commission expires: 5.008. Se11Er's Disclosure of Property Condition (a; A selle_~ of residential real property comprising not more than one dwelling unit located in this state shall give to the purchaser of the property a written notice as prescribed by this section cr a written notice substantially similar to the notice prescribed by this section which contains, at a minimum, all of the items in the notice prescribed by this section. (b) The notice must be executed and must, at a minimum, read substantially similar to the following: SELLER'S DISCLOSURE NOTICE CONCERNING THE PROPERTY AT (Street Address and City) THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS. Seller is is not occupying the Property. If unoccupied, how long since Seller has occupied the Property? 1. The Property has the items checked below: Write Yes (Y), No (N), or Unknown (U). Range Oven Microwave Dishwasher Trash Compactor Disposal Washer/Dryer Hookups Window Screens Rain Gutters Security System Fire Detection Equipment Intercom System TV Antenna Cable TV Wiring Satellite Dish Ceiling Fan(s) Attic Fan(s) Exhaust Fan(s) Central A/C Central Heating Wall/Window Air Conditioning Plumbing System Septic System Public Sewer http://www.capitol.state.tx.us/statutes/py/py0000500.htm1 7/23/2003 System Patio/Decking Outdoor Grill Fences Pool Sauna Spa Hot Tub Pool Equipment Pool Heater Automatic Lawn Sprinkler System Fireplace(s) & Chimney (Woodburning) Fireplace(s) & Chimney (Mock) Gas Lines (Nat./LP} Gas Fixtures Garage: Attached Not Attached Carport Garage Door Opener (s): Electronic Control(s) Water Heater: Gas Electric Water Water Supply: City Well MUD Co-op Roof Type Age: (approx) Are you (Seller) aware of any of the above items that are not in working condition, that have known defects, or that are in need of repair? Yes No Unknown. If yes, then describe. (Attach additional sheets if necessary): 2. Are you (Seller) aware of any known defects/malfunctions in any of the following? Write Yes (Y) if you are aware, write No (N) if you are not aware. Interior Walls Ceilings Floors Exterior Walls Doors Windows Roof Foundation/ Slab (s) Basement http://www.capitol.state.tx.us/statutes/py/py0000500.htm1 7/23/2003 tVall_s!Fences Driveways Sidewalks Plumbing/Sewers/ Electrical Lighting Fixtures ~Septics Systems Other Structural Components (Describe): If the answer to any of the above is yes, explain. (Attach additional sheets if necessary): 3. Are you (Seller) aware of any of the following conditions? Write Yes (Y) if you are aware, write No (N) if you are not aware. Active Termites (includes wood-destroying insects) Previous Structural or Roof Repair Termite or Wood Rot Damage Needing Repair Hazard or Toxic Waste Previous Termite Damage Asbestos Components Previous Termite Treatment Urea formaldehyde Insulation Previous Flooding Radon Gas Improper Drainage Lead Based Paint Water Penetration Aluminum Wiring Located in 100-Year Floodplain Previous Fires Present Flood Insurance Coverage Unplatted Easements Landfill, Settling, Soil Movement, Fault Lines Subsurface Structure or Pits If the answer to any of the above is yes, explain. (Attach additional sheets if necessary): http://www.capitol.state.tx.us/statutes/py/py0000500.html 7/23/2003 4. Are you (Seller) aware of any item, equipment, or system in or on the property that is in need of repair? Yes (if you are aware) No (if you are not aware). If yes, explain (attach additional sheets as necessary). 5. Are you (Seller) aware of any of the following? Write Yes (Y) if you are aware, write No (N) if you are not aware. Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time. Homeowners' Association or maintenance fees or assessments. Any "common area" .(facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others. Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property. Any lawsuits directly or indirectly affecting the Property. Any condition on the Property which materially affects the physical health or safety of an individual. If the answer to any of the above is yes, explain. (Attach additional sheets if necessary}: Date Signature of Seller The undersigned purchaser hereby acknowledges receipt of the foregoing notice. Date Signature of Purchaser http://www.capitol.state.tx.us/statutes/py/py0000500.htm1 7/23/2003 lc} A s~~Ll~r_ or seller's agent shall have no duty to m~-ake a ~~isc].os~lra ~~r release information related to whether a death b~ natural ca~ises, suicide, or accident unrelated to the Condit-ion o the property occurred on the property or whether a previous occupant had, may have had, has, or may have AIDS, HIV related illnesses, or HIV infection. (d} The notice shall be completed to the best of seller's belief and knowledge as of the date the notice is completed and signed by the seller. If the information required by the notice is unknown to the seller, the seller shall indicate that fact on the notice, and by that act is in compliance with this section. (e) This section does not apply to a transfer: (1) pursuant to a court order or foreclosure sale; (2} by a trustee in bankruptcy; (3) to a mortgage by a mortgagor or successor in interest, or to a beneficiary of a deed of trust by a trustor or successor in interest; (4) by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a deed of trust or a sale pursuant to a court ordered foreclosure or has acquired the real property by a deed in lieu of foreclosure; (5} by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; (6} from one co-owner to one or more other co-owners; (7) made to a spouse or to a person or persons in the lineal line of consanguinity of one or more of the transferors; (8) between spouses resulting from a decree of dissolution of marriage or a decree of legal separation or from a property settlement agreement incidental to such a decree; (9) to or from any governmental entity; (10) transfers of new residences of not more than one dwelling unit which have not previously been occupied for residential purposes; or (11) transfers of real property where the value of any dwelling does not exceed five percent (50) of the value of the property. http://www.capitol.state.tx.us/statutes/py/py0000500.html 7/23/2003 (f; The r.o-~.ce shall be delivered by the seller to the purchaser on or before the effective date of an executory contract binding the pur_chaser_ to purchase the property. If a contract is entered withoui~ the sel-per providing the notice required by this section, the purchaser may terminate the contract for any reason within seven days after receiving the notice. Added by Acts 1993, 73rd Leg., ch. 356, § 1, eff. Jan. 1, 1994. http://www.capitol.state.tx.us/statutesJpy/py0000500.html 7/23/2003 2~~~~ v ~~ PUBLIC PARTICIPATION FORM FOR U KERR COUNTY COMMISSIONERS' COURT Instructions: Fili out all appropriate blanks. Please print or write legibly. Present to the County Clerk prior to the time that the Age da Item (or Items) you wish to address are discussed. Name: Address: ~_~ I ~IJ i ~~~ ~`.,ele~~r).G ' 7 Telephone: ~ O ~ (p La ~g Place of Employment: ~'~,Y-~ Employment Telephone: Do you represent any particular group or organization? Yes ^ No ~/ If you represent a group or organization, please state the name, address and telephone number of such group or organization. Which agenda Item (or Items) do you wish to address? ~~ ~ Q In general, are you for or against such Agenda Item (or Items)? For ^ Against W t. ...cs-~'` Signature NOTE: This Public Participation Form must be presented to the County Clerk prior to the time the agenda item(s) are discussed. Once you reach the sodium, please state your name and who/what you represent clearly for the court reporter to accurately record who you are.