ORDER N0.28378
APPROVE AN ORDER ADOPTING RULES
OF OSSF AND SET PUBLIC HEARING
On this the 27th day of October, 2003 upon motion made by
Commissioner Letz, seconded by Commissioner Nicholson, the
Court unanimously approved by a vote of 4-0-0, an order
adopting rules for On-Site Sewage Facilities and authorize the
County Judge to submit the proposed rules to the Texas
Commission on Environmental Quality for approval and set a
Public Hearing on November 3, 2003 at 1 p.m.
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COMMISSIONERS COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY: Dave Nicholson
MEETING DATE: October 27, 2003
SUBJECT: (PLEASE BE SPECIFIC)
OFFICE: Commissioner. Precinct 4
TIME PREFERRED:
Consider, discuss and approve an order adopting rules of Ken County, Texas for
On-Site Sewage Facilities and authorize the County Judge to submit the proposed
rules to the Texas Commission on Environmental Quality for approval.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Comm. Pct. #3/Comm. Pet. #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 is the first step in altering the rules. Attached is the proposed order which follows
the TCEQ's model order the the letter. The difference from the current rules is that there
is no Section Ten rule requiring Real Estate Transfer Inspections. Following our
approval we will submit the order to the TCEQ for their approval and then schedule the
public hearing,
#4
ORDER ADOPTING RULES OF KERR COUNTY, TEXAS
FOR
ON-SITE SEWAGE FACILI'T'IES
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 Ken 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
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 in injuring or may injure the public health;
SECTION 3. THAT an Order for Ken County, Texas be adopted entitled "On-Site
Sewage Facilities", which shall read as follows:
AN ORDER ENTITLED ON-SITE SEWAGE FACILITIES
SECTION 4. CONFLICTS
This Order repeals and replaces any other On-Site Sewage Facility order
for Ken County.
SECTION. 5 CHAPTER 366
The County of Kerr, Texas 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 37 of the
Texas Water Code (TWC), and associated rules referenced in Section 8 of
this Order.
SECTION 6. AREA OF JURISDICTION
(A) The Rules shall apply to all area lying in Kerr County, Texas,
except for the area regulated under an existing Rule and the areas within
incorporated cities.
{B) {OPTIONAL) These Rules shall apply to those incorporated cities
or towns that have executed Intergovernmental contracts with Kerr
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
8 of this Order.
SECTION S. ON-SITE SEWAGE FACILITY RULES ADOPTED
The Rules, Title 30 Texas Administrative Code (TAC) Chapter 285 and
Chapter 30, attached hereto, promulgated by the Texas Commission on
Environmental Quality for on-site sewage facilities are hereby adopted, and
all officials and employees of Ken 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 1.
SECTION 10. 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 11. COLLECTION OF FEES
All fees collected for permits and/or inspections shall be made payable to
Kerr County, Texas.
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 Chapter 341 and 366 of the Texas Health and Safety Code,
Chapters 7, 26, and 37 of the Texas Water Code and 30 TAC Chapters 30
and 285.
SECTION 14. SEVERABII,ITY
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 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 unconstitutional phrases, clause, sentence, paragraph, or
section.
SECTION 15. EFFECTIVE DATE
This Order shall be in full force and effect from and after its date of
approval as required by law and upon the approval of the Texas
Commission on Environmental Quality.
AND IT IS SO ORDERED:
PASSED AND APPROVED THIS DATE OF , 2003.
APPROVED:
County Judge
ATTEST:
County Clerk
STATE OF TEXAS §
COUNTY OF KERB §
AFFIDAVIT
Before me, the undersigned authority, personally appeared who, being by me duly
sworn, deposed as follows:
My name is Jannett Pieper, 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 ( )pages of records known as
(Order) The records are kept by me as County Clerk,
County of Kerr, Texas, 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 day of
2003.
Notary/Public, State of Texas
My commission expires:
	November 3, 2003
Guadalupe Basirt	
Natural	
Resources Center	
	Kerr County Commissioners Court
125 Lehmann Drive	
sre. loo	700 Main Street
Kerrviue, Texas	Kerrville, Kerr County, Texas 78028
7802&5908	
(~jo) a96-5x45	Re: Bill of Sale and Assignment dated November 1, 2003
Fax (630) lSi-2621	
E-mail: ugraadm® ugra.org	
	Dear Commissioners:
Submitted herewith is one executed copy of the subject document.
Please do not hesitate to contact me if you have any questions.
Sincerely,
Kathy K. Mitchell
enclosure
20031103A
BILL OF SALE AND ASSIGNMENT
Date:
November 1, 2003
Grantor:
Upper Guadalupe River Authority, a Texas conservation and reclamation district
Grantor's Mailing Address:
General Manager
Upper Guadalupe River Authority
125 Lehmann Drive, Suite 100
Kerrville, Kerr County, Texas 78028
Grantee:
Ken County
Grantee's Mailing Address:
Ken County Commissioners Court
700 Main Street
Kerrville, Kerr County, Texas 78028
Consideration:
Fourteen Thousand Six Hundred Dollars ($14,600.00) and other good and valuable consideration
in hand paid by Grantee.
Property:
See Exhibit "A" attached hereto (collectively, the "Property").
Conveyance:
Grantor. for the consideration herein expressed, sells, assigns, and transfers to Grantee the
Property, consisting of those certain vehicles and other personal property, all such Property being
more particularly described in Exhibit "A" attached hereto.
GRANTOR HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY, OR
REPRESENTATION, ORAL OR WRITTEN, PAST PRESENT OR FUTURE, OF, AS TO, OR
CONCERNING THE NATURE AND CONDITION OF THE PROPERTY, INCLUDING,
WITHOUT LIMITATION, THE SUITABILITY THEREOF FOR ANY AND ALL
ACTIVITIES AND USES. GRANTEE ACKNOWLEDGES THAT IT HAS INSPECTED THE
PROPERTY AND GRANTEE IS RELYING SOLELY ON ITS OWN INVESTIGATION OF
THE PROPERTY AND NOT ON ANY INFORMATION PROVIDED BY GRANTOR. THE
CONVEYANCE OF THE PROPERTY IS MADE ON AN "AS IS" BASIS, AND GRANTEE
EXPRESSLY ACKNOWLEDGES THAT, IN CONSIDERATION OF THE AGREEMENTS OF
GRANTOR HEREIN, EXCEPT AS OTHERWISE SPECIFIED HEREIN, GRANTOR MAKES
NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY
OPERATION OF LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF
CONDITION, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO THE PROPERTY
Bill of Sale and Assignment
Page 1 of 2
20031028E
Agreements:
Grantee agees to remove the Property from Grantor's premises at Grantee's sole cost and
expense. Removal of the Property shall be completed within fifteen (15) days of the date of this
instrument. Grantee shalt comply with atl applicable laws, rules, ordinances and other
governmental approvals that may be applicable thereto.
Grantee agrees that title to, ownership of, and full responsibility for removal, transportation, and
subsequent use or operation of the Property shall transfer to Grantee effective November 1, ?003.
Grantee hereby releases, acquits and forever discharges Grantor, its employees, agents,
representatives, and their respective successors, heirs, executors, legal representatives and assigns
(collectively, the "Released Parties") of and from any and all claims, demands, actions, causes of
action, judgments, expenses, costs, losses, obligations and other IiabiIities of any kind
whatsoever, at law or in equity, known or unknown, which Grantee now has, or hereafter can,
shall or may have against any one or more of the Released Parties for, upon, or by reason of any
matter, cause or thing whatsoever arising out of or in connection with the Property.
GRANTOR:
Upper Guadalupe River Authority, a Texas conservation
and rec ion district _ //
BY ~ ~/.e,~s~~/
// Janet F. Ral;inson, President
By:
. Etter, General Manager
ACCEPTED:
GRANTEE:
Kerr Counri~
By:
Name:
Title:
,- --
Bill of Sale and Assignment
Page 2 of 2
20031028E
Exhibit "A"
to
Bill of Sale and Assignment
Description of the Property
1. Two Jeeps, including shovels, tape measures, survey equipment, measuring
wheel, water bottles, radio phone and miscellaneous hand tools, more specifically
described as follows:
• 1998 Jeep Cherokee Sport VIN 1J4FT68S1WL282659
• 2000 Jeep Cherokee Sport VIN 1J4FT48SOYL104586
2. One digital camera
3. Two hand held calculators
4. One range finder
5. One sight level
6. Three (3) four drawer filing cabinets; two (2) gray five drawer 42 inch lateral
filing cabinets; and two (2) beige five drawer 36 inch lateral filing cabinets
7. Such office furniture and equipment as selected by Grantee from the UGRA
warehouses
8. Such office supplies and desk top equipment (such as staplers, pencil holders and
the like) that is on OSSF personnel desks, of nominal value and acceptable to
Grantor
9. All files and data, whether paper or electronic, relating to the OSSF or Floodplain
Programs
Exhibit A to Bill of Sale and Assignment
Page 1 of 1
20031028E