ORDER NO. 30872 AUTHORIZE CIVIL ENFORCEMENT FOR OSSF VIOLATIONS AT 108 WEST CREEK ROAD Came to be heard this the 9th day of June, 2008, with a motion made by Commissioner Williams, seconded by Commissioner Oehler. The Court unanimously approved by vote of 4-0-0 to: Authorize the civil enforcement, against the owner and the lessee operator of the facility, of the Texas Health and Safety and Water Code Statutes for O.S.S.F. violations at 108 West Creek Road, to enjoin the further operation and use of that facility until it's brought into compliance. ~o ~~ a ~~~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Rex Emerson MEETING DATE: June 9, 2008 OFFICE: Cty. Atty. TIME PREFERRED: SUBJECT: Consider, discuss, and take appropriate action to authorize civil enforcement of Texas Health and Safety and Water Code statutes for OSSF violations at 108 West Creek Rd. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Rex Emerson ESTIMATED LENGTH OF PRESENTATION: 5 - 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 PM previous Tuesday THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: @ .M. 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. ORDER N0.30872 THE STATE OF TEXAS § COUNTY OF KERR § The Commissioners Court of Kerr County, Texas, convened at a meeting of said Court at the Kerr County Court House, Kerrville, Texas on the 9th day of June, 2008, with the following members present, to-wit: Pat Tinley County Judge Buster Baldwin, Commissioner, Precinct No. 1 Bill Williams Commissioner, Precinct No. 2 Jonathan Letz Commissioner, Precinct No. 3 Bruce Oehler Commissioner, Precinct No. 4 And the following members absent, to-wit: constituting a quorum, when among other business, the following was transacted: ORDER AUTHORIZING SUIT TO COMPEL COMPLIANCE WITH THE REVISED RULES OF KERB COUNTY, TEXAS, FOR ONSITE SEWERAGE FACILITIES, THE TEXAS HEALTH AND SAFETY CODE, THE TEXAS WATER CODE AND AUTHORIZING LITIGATION EXPENSES. Commissioner Williams introduced an order and made a motion that the same be adopted. Commissioner Oehler seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: Judge Pat Tinley Commissioner Buster Baldwin Commissioner Bill Williams Commissioner Jonathan Letz Commissioner Bruce Oehler Yes No Abstain ^ ^ O ~ ^ ^ 1~ ^ ^ ® ^ ^ ~l ^ ^ The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and lawfully adopted. The order thus adopted follows: WHEREAS, the Kerr County Environmental Health Department has conducted an investigation at or near the property located at 108 West Creek Road, Kerr County, Texas, and WHEREAS David Scott Mellish and Nocona Mellish, the owners of the property located at 108 West Creek in Kerr County, Texas and WHEREAS Debra J. Whittman and Texas Freedom House "corporation" operate a commercial business at 108 West Creek Road, Kerr County ,Texas and WHEREAS the Kerr County Environmental Health Department has determined that the septic system located at 108 West Creek Road is defective and that on numerous occasions sewage has been discharged from the septic system in a manner that may cause the contamination of groundwater or surface water, the attraction of vermin and/or the breeding of insects; WHEREAS, the identified conditions at 108 West Creek Road violate The Revised Rules of Kerr County Texas for Onsite Sewerage Facilities, Texas Health and Safety Code Chapters 341, 343 and 366 (Vernon 1992 & Supp. 2002), and the Texas Water Code § 26.121 (Vernon 2002); WHEREAS, the Kerr County Environmental Health Department has notified the County Attorney that David Scott Mellish, Nocona Mellish, Debra J. Whittman and Texas Freedom House "corporation" is violating the provisions of these rules and statutes and has requested that the County Attorney take the necessary legal action to obtain an injunction compelling David Scott Mellish, Nocona Mellish, Debra J. Whittman and Texas Freedom House "corporation" to comply with the law and to seek civil penalties for its violation; THEREFORE, IT IS ORDERED that the County Attorney is authorized to file a suit on behalf of Kerr County, Texas, against David Scott Mellish and Nocona Mellish, Debra J. Whitman, and Texas Freedom House "corporation" as well as any other person or entity that has caused, suffered, allowed, or permitted the offending activities. Pursuant to Texas Civil Practices & Remedies Code Annotated §6.001, the County Attorney shall be exempt from filing a bond to obtain an injunction. IT IS FURTHER ORDERED AND RESOLVED that the County Attorney is authorized to join in such suit or suits any and all parties he deems proper, to do any and all things reasonable and necessary to require compliance with the law, and to finally dispose of the suit by obtaining compliance as authorized by applicable law as he deems appropriate. IT IS FURTHER ORDERED AND RESOLVED that the County Attorney is authorized to hire expert witnesses and other consultants, and incur expenses in the case, which amount includes, but is not limited to, funds for court reporter fees, expert fees and expenses, discovery costs, and any other reasonable and necessary expenses. All fund transfers necessary to accomplish the above are hereby ordered to be made. All such costs and fees should be charged to County Attorney's "Attorney Fees", Line Item No. 10-475-403.