ORDER NO. 30368
LETTER OF INTENT TO KENDALL COUNTY WATER CONTROL
Came to be heard this the 9th day of July, 2007, with a motion made by
Commissioner Williams, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Approve a Letter of Intent as submitted by the Court, to Kendall County Water
Control & Improvement District No. 1 to negotiate an Intergovernmental
Agreement to accept wastewater flows from the proposed Center Point/Eastern
Kerr County Sewer Collection/Transmission System and provide wastewater
treatment services, and other related matters.
30368
1.17
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE F[J-KNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST
AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Commissioner Williams
MEETING DATE: Juiy 9, 2007
OFFICE: Precinct 2
TIME PREFERRED:
SUBJECT: (Please be specific). Consider, discuss and take appropriate action to approve
a Letter of Intent with Kendall County Water Control & Improvement District No. 1 to
negotiate Inter-governmental Agreement to accept wastewater flows from the
proposed Center Point/Eastern Kerr County Sewer Collection/Transmission System and
provide wastewater treatment services, and other related matters.
EXECUTIVE SESSION REQUESTED:
NAME OF PERSON(S) ADDRESSING THE COURT: Commissioners Williams & Letz.
ESTIMATED LENGTH OF PRESENTATION: 10 minutes.
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: 5:00 F.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 is appreciated and contributes toward your request being addressed
at the earliest opportunity. See Agenda Request Rule adopted by Commissioners Court.
~,
l~ ~~
Y , ~ ~
OoUnfY of ~e
COUNTY JUDCE
PAT TINLEY
COMMISSIONERS COURT
H.A. `BUSTER" BALDWIN, PCT. I
WILLIAM H. WILLIAMS, PCT. 2
JONATHAN LETZ, PCT. 3
BRUCE OEHLER, PCT. 4
THE COUNTY COURT
OF
KERB COUNTY, TEXAS
700 Main, Kemille, Texas 78028
Tel: (830) 792-2211
Fax: (830) 792-2218
E-mail: commissioners@co.kerr.tx.us
July 9, 2007
Randolph Bohnert, President
Kendall County Water Control & Improvement District No. 1
28 US Hwy. 87, P. O. Box 745
Comfort, Texas 78013
Re: Non-binding Letter of Intent (Kerr County Tie-ln to KCWC&ID
Wastewater Treatment Facility
Dear Mr. Bohnert:
CLERK
dANNETT PIEPER
COURT COORDINATOR
JODY GRINSTEAD
I believe that the items outlined below summarize our general agreement on the
points discussed in relation to our desire to enter into an intergovernmental agreement
that will allow Center Point and the Highway 27 Corridor (as further described in Exhibit
1, attached hereto) to be tied in with the existing Kendall County WC&ID No. 1
wastewater treatment facility located in Comfort:
• Ken County will construct a wastewater collection system for Center
Point and Eastern Kerr County, at its expense;
• Kerr County has applied to the Texas Water Development Board for
funding for this project;
• Kendall County WC&ID No. 1 owns and operates a wastewater treatment
facility in Comfort, Texas, which currently has sufficient capacity to serve the number of
customers that Kerr County proposes to utilize its wastewater collection system;
• Kendall County WC&ID No. 1 desires to serve the referenced Kerr
County customers by treating wastewater delivered via transmission line to the existing
Comfort facility, and will negotiate the details of such service by intergovernmental
agreement with Kerr County;
• Such intergovernmental agreement may address, among other items,
allocation of responsibilities with respect to impact fees, charges for treatment by
volume, return credits, tie-ins, area and customers to be served; and possible operation
and management issues for the proposed Center Point/Eastern Kerr County sewer system.
If this accurately reflects the understanding reached during our meeting on June
18, 2007, and your Board of Directors approves, please execute a copy of this non-
binding Letter of Intent, and return same to me. This letter will be presented to Ken
Randall Bonhert, KCWC&ID No. 1
Re: Letter of Invent
July 2, 2007
Page 2 of 2
County Commissioners' Court on July 9, 2007, for discussion and approval, and upon
approval by your Board of Directors and Kerr County Commissioners' Caurt, will be
incorporated into our application pending before the Texas Water Development Board.
We look forward to pursuing with you the details of a proposed Inter-
governmental Agreement that will facilitate this project moving forward.
Sincerely, ~
,P ~ ey
County Judge
cc: Keith Marquart, Gen. Mgr. Kendall County WC&ID #1
William H. Williams, Commissioner, Precinct 2
Jonathan Letz, Commissioner, Precinct 3
Approved July , 2007 by the Board of directors, Kendall County Water Control and
Improvement District No. 1.
Randolph Bohnert, President