ORDER NO. 30043
INTERLOCAL AGREEMENT WITH CITY OF INGRAM FOR OSSF
JURISDICTION
Came to be heard this the 27th day of November, 2006, with a motion made
by Commissioner Nicholson, seconded by Commissioner Williams. The
Court unanimously approved by vote of 3-0-0 to:
Adopt proposed Interlocal Agreement between Kerr County and the City of
Ingram with regard to OSSF jurisdiction and services, and authorize County
Judge to sign same.
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~' ~ ~ COMMISSIONERS' COURT AGENDA REOUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS
MADE BY: Pat Tinley OFFICE: County
MEETING DATE: November 27, 2006 TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action on proposed Interlocal
Agreement between Ken• County and the City of Ingram with regard to OSSF jurisdiction
and services.
EXECUTNE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: County Judge
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 RECENED BY:
THIS REQUEST RECENED 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 your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
Attorney at Law
P. O. Box 379
Hunt, Texas 78024
November 8, 2006
Mr. Rex Emerson
Kerr County Attorney
Kerr County Courthouse
700 Main Street
Kerrville, Texas 78028
Re: Interlocal Agreement, Kerr County/City of Ingram
Deaz Mr. Emerson:
(530)235-4925
(830) 235.4937 FAX
Attached are two copies of an Interlocal Cooperation Agreement between our two entities
whereby the County will assume jurisdiction over On-site Sewage Facilities within the City of Ingram.
The two copies are fully executed on behalf of the City. When approved by the County, please return
one fully executed copy to me.
The City's OSSF Ordinance has been repealed by the City Council to be effective on the date of
final approval of the enclosed Agreement.
Thank you for your kind consideration and attention to this matter. If I can be of further
assistance, please let me know.
Sincerely,
~v G~ ~~.
Danny Edwards
DRE:st
Encl.
CC: Mayor Howazd Jackson
#30043
INTERLOCAL COOPERATION AGREEMENT BETWEEN KERR COUNTY
AND THE CITY OF INGRAM ON DELEGATION OF AUTHORITY FOR
ENFORCEMENT OF ON-SITE SEWAGE FACILITIES IN THE CITY
This Interlocal Cooperation Agreement ("Agreement") is made by and entered into between Kerr
County, Texas ("County") and the City of Ingram, Texas ("City"j on tha27t$iay of November 2006.
WHEREAS, Title 30, Section 285.10 of the Texas Administrative Code, (TAC) provides for the
City to designate the County as its designated agent for purposes of regulation and enforcement of
regulations for on-site sewage facilities within the jurisdictional limits of the City; and
WHEREAS, the City has provided notice to the Texas Comrission on Environmental Quality
of its intent to so designate the County as it agent, which notice the Commission acknowledged by letter
dated August 14, 2006; and
WHEREAS, the City on October 19, 2006 held a public hearing on the issue of designating the
County as the City's agent, notice of such public hearing having been published in the official
newspaper of the City on the 12th day of October, 2006, pursuant to Sections 285.10 (D) and (E) of the
TAC; and
WHEREAS, it is in the best interests of the citizens of the City and the County to have uniform
rules and regulations for on-site sewage facilities and more efficient services for enforcement, and
WHEREAS, the County is willing to provide the resources necessary to regulate on-site sewage
facilities within the City;
NOW, THEREFORE, in consideration of the promises, covenants and agreement contained
herein, the County and City mutually agree as follows:
SECTION ONE-Duration of Agreement and Termination
A. This Agreement shall be effective on the date that it is fully executed by both parties and
shall terminate one year from date of execution. However, this Agreement shall renew automatically for
successive one (1) year periods, unless notice of termination is given by either party as provided herein.
Both parties anticipate participating in a periodic review, which may include revisions to address
changed circumstances or regulations.
B. Notwithstanding the foregoing, this Agreement may be terminated by either party by
giving ninety (90) days written notice to the non-terminating party, of intent to terminate this
Agreement.
SECTION TWO---Grant of Authority
The County and the City enter into this Interlocal Cooperation Agreement pursuant to Chapter
791 of the Texas Government Code and pursuant to Section 285, Texas Administrative Code, the City
does hereby name and designate the County as its exclusive agent and authority for purposes of
regulating and enforcing all codes, statutes and administrative regulations of the State of Texas and the
collection of all permit and inspection fees applicable and necessary for on-site sewage facilities within
the City of Ingram.
SECTION THREE---COUNTY RESPONSIBILITIES
A. The County shall provide to applicant residents of the City, all necessary application and
permit forms, and provide for al] required inspections to aid and assist residents in obtaining and
maintaining all on-site sewage facilities.
B. The County will establish its own regulations, fee schedules for applications, inspections
and related services for on-site sewage facilities and provide a copy of such with amendments, to the
City Secretazy for informational purposes.
C. The County will provide to the City Secretary, the name and address of all applicants for
on-site sewage facility permits, such to be provided within 10 business days from date of filing of the
application in order to assist the City in enforcing its applicable building codes and restrictions.
SECTION FOUR---CITY RESPONSIBILITIES
A. The City will provide to the County, the name and address of all applicants for building
permits within the City in those cases where an on-site sewage facility will be involved in the subject
project. Such data will be provided withinl0 business days for date of filing the application.
B. The City will, at the request of the County, have its City Attorney file in the Ingram
Municipal Court, any complaints or causes of action as necessary for the enforcement of applicable rules
and regulations on properties within the City limits as relates to on-site sewage facilities.
SECTION FIVE---MISCELLANEOUS PROVISIONS
A. Any notice required or permitted to be given hereunder shall be given in writing and shall
be delivered to the following addresses of the respective parties via hand delivery or first class-prepaid
mail:
County: Kerr County, Texas
Attn.: County Judge
Kerr County Courthouse
700 Main Street
Kerrville, Texas 78028
City: City of Ingram
Attn.: Mayor
230 Highway 39
Ingram, Texas 78025
B. This Agreement supersedes all written or oral representation of the parties as to the
content, obligations or performance of the provisions for regulation of on-site facilities with the City of
Ingram. The Agreement constitutes the entire agreement between the County and the City. Any
modification to this Agreement shall be of no force or effect unless in writing and signed by both
parties. Each party hereto certifies that the covenants and obligations stated in this Agreement constitute
the duly authorized act and agreement of the respective entity and that the persons affixing their
signatures hereto have obtained all requisite approvals for the execution of this Agreement.
2
C. 1f any provision of this Agreement is found to be invalid, illegal or unenforceable, such
invalidity or unenforceability shall not affect the remaining provisions of this Agreement.
D. The validity of this Agreement and all of its terms or provisions, as well as the rights and
duties of the parties, shall be governed by the laws of the State of Texas. Exclusive venue for any action
concerning this Agreement shall be in Kerr County, Texas.
E. Neither party may assign any right under this Agreement, and any purported assignment
will be null and void and a breach of this Agreement.
F. Notwithstanding any provision to the contrary, it is agreed that none of the obligations
contained in this Agreement shall run to or be enforceable by any party other than a party to this
Agreement
G. This Agreement may be executed in multiple counterparts, each of which constitutes an
original.
EXECUTED on the date below set forth.
CITY OF INGRAM, TEXAS
Howard J ftsott, ayor
~~.
November 7 , 2006
KERR COUNTY, TEXAS
1
a inley, County Judge
November Z-~ r , 2006
ATTEST:
Jannell Bullock, City Secretary
APPROVED AS TO FORM:
a~i-J a..~~/
Dan Edwards, City Attorney
ATTEST:
~~~~~e~
U Jannett Pieper, County Clerk
APPROVED AS T
Emerson, Kerr County Attorney
Ingram/Kerr Cty.OSSf-100