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Home My WebLink About1975-07-28-1000AM-Special' , ' ' I J • ' ~ ~ n 1„ ~ w, • „ 1~' C . ~ ,•,H . • 1 1 COMMISSIONERS' COURT SPECIAL MEETING JULY 28, 1975 A meeting of the Commissioners' Court of Brazos County, Texas, was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 10:00 A. M. on Monday, July 28, 1975, with the following present: William R. Vance, County Judge, presiding; Bill J. Cooley, Commissioner of Precinct 1; Walter Wilcox, Commissioner of Precinct 2; Randy Sims, Commissioner of Precinct 3; W. A. Stasny, Commissioner of Precinct 4; Frank Bori.skie, County Clerk. Ray Abbott with South/West Planning Associates reported that Brazos County has been invited to file a full apllication with the Department of Housing and Urban Development for Community Development Discretionary Block Grant Assistance in the amount of $20,000.00. The Court was advised that the deadline for such application .ie! September 30, 1975. No action was necessary at this time on the report and none was taken. The Court next heard a presentation from a representative of the Hartford Insurance Company concerning additional accidental coverage on all heating and cooling machinery for the Courthouse at a cost of $960.00. After a discussion the the Court requested more time to study the advantages of the additional coverage. Tom Sistrunk, County Extension Agent requested that the salaries of the two secretaries in that office be raised from $2.59 per hour to $2.85 per hour. After some discussion, Commissioner Wilcox moved that the salaries be increased to $2.75 per hour effective July 28, 1975. Motion was seconded by Judge Vance and carried unanimously. The Court next considered a request from Freddie Wolters that he be replaced as chairman of the Brazos County Committee for the Veterans Land Board. After some discussion the Court agreed that they would need more time to find a suitable representative to fill the vacancy. 293 VoL i ~r ;,IJ d( •1. rt•11r~ r~; !i.,''"•• 'uf /(T~' ...h '{{a ~q, ui•5, e,~~ 1 ~rr• Jr',~ .~'1 - - . _1 { • -ir, r. ~ ,I •••{{'~,.a 1'6S' ~ ~u r.•f ,l / d 1 i,r. 1 4 ~lT - t ~ 1 Y' ' ~iTJ 1~ 1 „ y f 'S i1 1, ) •/`1 "~J~. i 1`1J. .L r' ~ 'S I w ~Z~ , ' I l ~ ' • 5 ' " ~ J ~ I l~~ . „ny Mlr w 'C- 7•S 1.~ ~Lf~iJ ui: `✓~}..{4~ Kd~7~~ ..~G ~L ^ 5 1 ~ ~ ~ ~ y y t , ~ ~ y y l f 1 } ~ l ✓ 1~, M7 • } U /d6~ , ~^71•'4::.u.A~i ' 7Y.~^~•Jr3~ L~.W~+IWC.J W1aif`1Y'YK.'a• r!r'~.' 4 -~inStIKB''..Y"f L .atlLifiGIp WG~OJra:.l ~ 1 'at IL f r" A , . . 7t * i ~4.T ..~~~1.4 +u.pP•.HW1.1•M+.'~WMaIA.Yt4Y,05k.N~1W~~i^M~•~7~'glxl.~'.',..5'.'~.~],~ '~Na ~-+•,v+,ln•.. wy~... 1.+R 1'f' X.T~,,.i - - _ •A b. • ° ' V6 PAC On motion by Commissioner Wilcox',,seconded by Commissioner Cooley, the Court voted.unanimously to.approve the application of Bobby J. Cargill, 1730 Barak Lane, Bryan, Texas for soil conservation aid in Precinct,3. The Court next discussed the final draft of the Septic Tank Ordinance for-Brazos County and set Monday, August 25, 1975, at 10:00,, -A. M. as the date and hoar for the public hearing and ordered that the following notice be published in the manner required by law: NOTICE OF PUBLIC HEARING Pursuant to the provisions of Sec. 21.084 of the Water Code of the State-of Texas, Brazos County is proposing. to adopt certain regulations of the use of private sewage facilities within the County. The purpose of said regula- tions will be to regulate said facilities to prevent causing polution or injuring public health. A public hearing on the aforesaid regulations will be held in the Commissioners' Courtroom, Brazos County Courthouse, Bryan, Texas, at 10:00 A. M. on Monday, August 25, 1975. A copy of the Complete regulations may be reviewed by con=tacting the Commissioners' office, Brazos County Courthouse, Bryan, Texas. Anyone who wishes to appear and'make a pre- sentation will be heard. On,motion duly made and seconded the Court voted unanimously to approve the preliminary plat of Brahman Meadows as presented.' On,motion by Commissioner Cooley, seconded by Commissioner Sims, the Court voted unanimously to approve the purchasing policies as set out by the County Auditor. A copy of such policies is attached to and made a part of these minutes. The Court next received the opinion requested from the, County Attorney concerning the County's obligation or authority•to furnish a defense to an elected o'ffice'holder in a civil suit where the office holder failed to perform a duty of his office imposed upon 'him by State Law. A copy of such opinion is attached to and made a 1S1 'i part'of these minutes. E On motion by the County Judge, seconded by Commissioner Wilcox, 1 I the Court voted unanimously to approve claim numbers 1434 through a 1504 of the General Fund as presented by the County Auditor for pay- ment. There being no further business, the Court adjourned. 11 ' .yyr. ±S~.l;MTi4i+ Vl~ i .1` • •Ij • ~ .YYr ri_•_~__.. I~ The foregoing minutes were examined and approved in open ;Court on the 8th day of September, 1975. 1 fill, R. Vance Bill J. oo ey County Judge Commissioner of Preci # 1 Walter Wilcox Randy Sims Commissioner of Precinct y~ 2 Commissi er of Precinct # 3 At t: WA:-' S asn Frank Boris i Commissioner of Pre inct # 4 County Clerk VOL-"AGIE28-5 PAGO t AOLAND M. SEARCY,1JR.'-.-'.X.`,_,^`,, .'COUNTY ATTORNEY 6RA20S COUNTY COURTHOUSE.' 7 - BRYAN,TEXAS 77801 July 28, 1975 The Honorable Commissioners Court Brazos County ° Brazos County Courthouse Bryan, Texas 77801 " RE: Is Brazos County obligated to furnish'a defense.to an'elected office holder where the office holder failed to provide a duty of his office imposed upon by State law; is the Commissioners Court authorized'to provide a defense in a suit such as that described above? Gentlemen: You have requested an opinion on the above captioned questions. I feel that the applicable provision in the Texas law is Article 332c, V. A. T. S. Sections 2 and 3 of the Statute read: ' "Sec. 2. In any suit instituted by a non-political entity against an official or employee of a county, the district attorney of the district in which the county is situated L; or the county attorney, or both, shall represent the official or employee of the county if the suit involves any act of the official or employee while in the per- formance of public duties. "Sec. 3. If additional counsel is necessary or proper for an official or employee provided legal counsel by Section 2 of this Act, the County Commissioners may employ and pay private counsel. " The command in 'the Statute that the District or County Attorney represent' the official or employee 'if the suit involves any act of the official or employee while in the performance of his public duties. " It appears to cne that while not specifically stated, the term "act" includes both acts, and omissions. The Attorney General of the State of Texas has stated that the public has a liability for the acts of an official or an employee ,I I t ,i , • ,I ICT ,rm+,.'+~.. ..ry,.:;1aPf~ {.•i ' :%n~1;~~, :.~cti:T Y.. . + ti,-Jr ,.r . '~•ar~ri d'n ,f•j;•~rH' v I . J , ,r , , t J :r 1 iR ;'A . l t ' i The Honorable Commissioners Court Page Two July 28, 1975 " E when he is acting within the scope of his legal powers when he is acting withi:i this scope the public has an interest in protecting him from the consequences of such acts. The Attorney General goes further to say that such representation should be provided for the county official or employee who is believed in good faith to have been acting within the proper scope of his authority even though such confidence proved to have been misplaced. It appears that the Attorney General in construing the above Statute feels that the application of the Statute should be - , limited to those circumstances where the interest of the county are not in conflict with those of the State are not at stake and where there is a 1122d faith showing that the individual sued was acting within the scope oC his authority of his public duty. I have consulted the District Attorneys' offices in several other counties and the general operation of the Statute is construed to mean that the county has an obligation to represent the county official both for acts of malfeasance and nonfeasance. I discussed this matter at length with Mr. Joe Moss, Assistant District Attorney in Harris County, who handles all such suits brought in that county and he stated that they make no distinction as to whether or not the suit alleges that the official com- rnitted an act or an omission. Mr. Moss stated that several suits have been brought against past officials in that county for failing to arrest an individual. L 1 1 i ' v 1 In answer to the second question, I feel that under the provisions of 332c, V. A. T. S., that the Commissioners Court would be authorized to provide a defense in a suit such as attached to the request for this opinion. The Statute further provides that the county official is not obligated to accept the legal counsel provided for him in this act. SUMMARY . Where the Commissioners Court feels that the county official or employee was acting within the scope of his legal power (authority) in the performance (or non-performance) of public duties, and that such litigation does involve the interest of the county, that the county has an interest in protecting the official or employee from the consequences of such acts or omissions, the public officer or employee should be represented by the District Attorney Or the County Attorney, or both, in such suit. K/ 297 VOL PAG1E .w-J.~~if2•~~ = ~.'1;Ti.~'• iy`~ .ma'y~ is r_•.. ~'i v- -~a:nnr~r ( r^' •T~~ ~ zo -r- f '~tP±~9'+[::o J.,~17i.~~~p_ jI r~~~~~~..'l I li'a eM C\ i s'sS d hay ,v,`y r., Vr .•.';N •,Ir r+!' rr \ iC..~ia.3J;+~~JVY`iLilt\~':bryAO:byfilh6~.i4'. 'tl~ °J~r~`1 A• r l ~J t_~P~i iY~rT'_. au •r i.t'H`i .1. } • .f.+-~.~>~•Cwsne~Jl;^3„~~. a ,+wc. ,.E•>u, r;- L .v_n,,, ,.,.n"~ .v~*3a.6#/t.. 1e:. k.: ~ _ 4 ..\A^ ~ rr ....I.n..-....-. r ~L"' }_..~'....~t_ar..'.'i.-~S~>:.K. =i'yy'.,{, •r+.+•,r~.u.,{Tn.+r+;'Ir_;.F•v,7)v.vY'}.77n_•".Y''. ~:-Ry^,r. ..=.t`_ r~...... ~n~,pY The Honorable. C'ommissionera•Court= . Page Three July 28, 1975 Clearly, under the provisions of Article 332',-the Commissioners may at their discretion, employ private counsel to represent the defendant and pay said private counsel. Ver truly yours, RMS, JR/pf ~..n _ .rte..,.. r '-.;,_..2.•a-'.:..r.,-5• - _ , ~ r~! 1 • t I ~ 1 ' ~ ' , • _ , I r ' h F r - i, \ ' • •I I ' t r •{l~r .t ra.r:~^,a; \...~.::.Hi••7 N- :r:,. ^,..(,'wr fur. : -i ' I " ,r -nr,j.r_.ti 'y •"r `.J. c"r X15 ^>eT ^"+':~1'•• ~ • i A , h r~~ „ T• ; . , / t CID _ t It- w e. i' r' t ' REQUISITIONING, P7 C'!AS IFG ACID CLATYS PAYING 'POLICTES JUNT "PRCCEDUR2;S OF LRALOS COUNTY Gt147:-:.RAL STATE LENT It is the,policy of Brazos County to purchase and pay claims in compliance with current regulations and common-purchasing practice. Each elected official and department head (herein called an officer) has the authority to do their own requisitioning and purchasing in accordance with these policies and the procedures listed below. In accordance with Articles 1458, 1659, 1660, 1661 and 2368a. of the Revised Civil Statutes of Texas, the officer desiring to make a purchase of goods or services must complete a four-part requisition (example form attached). No purchase claim will be paid without an attached requisition. R:Qt;ISITION CO:PLETIC2I ..w n 1. Pate- date of the requisition 2. Ship via- a. delivery by vendor 'b. pick up by customer c. nail d. ship bast tray e, etc. ,3. Acct. no.- The budget accoun',nu:aber to which you wish the goods or -services charged 4. Date required-.date you require the merchandise to be in your possession or service completed 5. To- address of vendor. To be completed by ordering officer only after requisition has been approved by the County Auditor x• - w~i~ - ,y :fi•.~~',- v01. ac rx rr .a ly „gr' fad.,- 7 J Y, j; ••w~w.. d1 a•r .°:','°'p 6,.- `f " ^ f+•• e "~~Tr •y vT. ,A•v •1p ~r .a vs+ yw• , S'• ,bN •'u ?.rv.• " .y.. - • n+raie..-..'e. ,.:.1,Y.~ _ .n•~M.~^~ 'r ett~;l}4GY~,~ ' 1 ~ , `T 7'' •'F;f `.1 'x.' w.._ _ """h `1~!'~1• r ,A ` ' tr, VOL AGE' 9 ~ . T , • are for be','delivered.' 6. ' Ship to- The -place where 'goods'or-'servi.ces •!v , Er le. ;Brazos ;'County ; County Cler:c.s Office :Brazos Loiunty.Oourthouse { Bryan, Texas 77801 7I Quantit - the number of items required' ~8.'.Descrintion- complete description of goods'or:services required: " a. Purchases $300.00 and under- i! The second, third and fourth copies,of the requisition must-have written: ,omit three or more quotations obtained -verbally' (space provided' on second, third " and'.fourth copies of the requisition) or be accompanied by three or more written • i quotations or a combination of written and verbal quotations so that at least three firm bids are obtained. The quotations must state name of prospective • r• I vendor, person's name giving quotation and quoted amount. If the ordering i officer desires to purchase from one of the vendors quoting other than the lower price, the officer must attach written justification to the "Auditor" • ' copy of the requisition, or write in justification in "comments" section on i the second, third and fourth copies of the raquisition. ' b. Purchases 5300.01 and over- C. The "description" section of the requisition rmist be completed to include all specifications required of the goods or services. The officer may get quotations from desired vendors if he wants a particular brand name or vendor'servicei however, all purchases ',300.01 and over rmist be advertised in the newspaper for bids by the County Auditor in accordance with Article 1659. ' i , ,f.: . • 'L-°:1'R' ,wd-,~• 17 . ~ :.,y,r~Tn,~.rr . .^1.ir~t~..='i'='ra5•;;1•.;«rw '.f+.-.. :..Y'. 9, tw;,•-.~••;:4+a•cr.rl.l'y r•il..'n ea. , ~,°9~s?t;`3.~-~,'~,'r• 7a a1-P: r, •r.y. , tn , r . k.i 1 LD • h t• 4 I' r` c. Single-source purchasesr The officer-.shall complete the requisition describing the goods or services and submit justification explaining the unique nature of the purchase, the source of the proposed purchase, and the cost of the proposed purchase. Note: only rarely are there sin;le sources for goods or services. if' the Auditor believes there to be at least one other reasonable source, then the - requisition must be disapproved by the Auditor and bids sought by the ordering ot'ficer. d. Public works contracts: (1) :;2,999.99 and under will be :,:ade in accordance with R.a. above. (2) 3,CJC.00 and over will be :jade in r-,:cordanc9 with 8.b. above. 9. Requisitioned by- the requisition must be signed by the ordering officer or their authorized representative. The second copy of the requisition is to be retained by the ordering officer and the other three copies sent to the County Jud' ge . 10. Approved by the County Judge- all requisitions ►rill be approved by the County Judge and submitted to the County Auditor. .11. County Auditor- the County Auditor will either approve or disapprove the requisition. a. Requisitions approved by the County Auditor will be signed and rot.urnid to the ordering officer. The orderina officer is then responsible for obtaining the goods or services using the top copy of the requisition as a purchase order. b. Disapproved requisitions will be returned to the County Judge with an explanation of disapproval and remedy for approval.. f ir;! v®4._I~AGE~ _,_+..~.:-,_°Y'i.e F^ . r, n:.~~ti. a-r.. .1 nr-. ,~•,i,.^~1' ,•r,r .t. •Z•,wr ~1-r,~ .•r, , 1 „e 1 4 s4 •G r r n• •.w, .x• r~'',r ti•7:•F f•:d •-xjt;;°-v'+y°~~, i; r5A• t -aa:y • - 12. ..After all goods,and .services •have been,-received, the,ordering officer. will so state.on the; fourth copy : and: send ' it :to the Auditor! s office: so that ;tPayment-man ' be :,trade . E1-:ERG _'CY' P&RCHASES is 'In emergency circumstances t'rhen -it ,.is impossible to :submit a ,requisition for a purchase, the purchase Frill '-e nade •by first contacting the Auditor's offiod for a nurchase order number. The person nakin; the emergency purchase will give the circumstances surrbu-ndinr the emergency. The nett working day J~ • the ordering officer will complete a requisition in accordance with the instructions above. No emergency purchase•will exceed U00.00. SUGGESTED ' C:? V-;vES TO THESE' PROCEDURE, Suggested changes imarovin,y these procedures should be submitted to the Commissioners Court or the County Auditor. , ' • a • - ' ~ ~ • fir,, ' , ~ „ , ' , r = . 7 , ~ . . ' , ; • • ~ ' a , ` ,r. ' - ~ , ~ir;T r_•.r,r••' .t;i,r.;r.a~%.p l,w ,w:;{i•. . -'1'~''r . c' w+-r.Iu rho-, ' k. " .•e,;gTia :•*r.~.~l ~r`:as1'.,~ `t ~ • r " f " ? ` : i jr". . ~ , ; S - r~ ~ , ILL) F 1 ~ \ 1 ~f'+~r.tn rr;~µ il~.`!i, +,1!`-:.[I.,. '1,~ L.n~ ` y.4 µ...l.. '..~v• C; "u'. i~~'?': t~;k'q y'~L'~~'•~,~, n Ali. 1 , ~ ~ . I State of Texas County of Brazos On this the day of , 1975, the Commissioners Court of Brazos County, Texas convened in the Courthouse of the ,City of Bryan, Texas, with the following members present to wit: , County Judge , County Commissioner Precinct #1 County Commissioner Precinct #2 County Commissioner Precinct #3 County Commissioner Precinct #4 and,'among other proceedings, had the following order passed: Whereas, the Texas Department of Health Resource and The Texas Water Quality Board had set up certain standards as to regulate the quality of water, and have set up certain standards as to the installation of septic tanks and absorption beds and/or other methods of disposing of sewage; and Whereas, it appears that the use of private sewage facilities in certain areas of the County is causing, or may cause, pollution, or is injuring, or may injure, the public health; and Whereas, rapid increases in population density due to concentrated housing in areas not served by organized disposal systems can create pollution and public health problems; and Whereas, the Commissioners Court of Brazos County, Texas has considered the matter and deemed it appropriate to issue an Order regulating private sewage facilities to protect the irresplace- able water resources, and public health of Brazos County, Texas; and Whereas, due notice of the meeting was given as required by " Section 21.084 Texas Water Code. -1- PAGE ~'!~il.'~ R5~~y.y}tT a-tisIC I:b !l i 'J 1'~le ~I+Y^'191 •'s'"4+7~~1-,l,.. f' ej, h'1 C S~N(~' ~,~t ! •p7 •-+,.al.~,i'j ,i..'t_~`.rf~.. }/3:ui.~..onsTl....Sd!tliLk~ - •"Y.'Athl~,.;.C:.~a,'t_".~rllL~tl.nLZi.u Gt9Ntla.c'...1.s.Ga.ti:•whS~.'.+.+a~`~.:.~'.:.c... Ji...111.L U'"~„iA71FS;Pp 9 r icr•.. •9 , t , fsti~'.,wr •C R «a~ .5 !if+T =`Np'~I•'rt'M,.t'"'~v1"," wwm.arose.r.+•ivr..alwTaa a.J.f•ts•.[rttT :Vf'A!,.t,,r•;r ti '.t3~ Vn LA)PAG; M . r Now, Therefore, Be.it.'Ordered, Adjudged.-'and Decreed by the Commissioners Court"6f Brazos County, ~sxas;~that the following.' regulations be in full force and effect as soon as approved by the Texas Ws.ter Quality Board. Section 1. Definitions '1. "Commissioners Court" means the Brazos County Commissioners Court. 2. "Licensing Authority" means Brazos County Health Department ; 3. "Person" includes corporation, orgenizetion, estate, trust; 1 partnership, association or other entity,. ' 4. "Private Sewage Facility" means septic tank and absorption bed, pit privies, cesspools, sewage holding tanks, injection wells used to dispose of sewage and all other facilities, systems, and methods used for the disposal of sewage other than disposal systems .operated under a permit issued by the Texas Water Quality Board. " 5. "Sewage" means waterborne human waste and waste from domestic activities such as washing, bathing and food preparation. ~ i 6. "Organized Disposal System" means any public owned system for the collection, treat►nent, and disposal of sewage operated in accordance with the terms and conditions of avalid waste control order issued by the Texas Water Quality Board. 7. "Subdivision" means [1] a subdivision which has been platted and recorded with the County Clerk of the County or Counties in • I i which the land lies, or which is required. by statuted to be so plated and recorded= or [2] any four'[4] or more contiguous lots ' t or tracts. I "Mobiie'Home Park" means any-facility or area developed for .I mobile home space lease or rental and will be subject to the prov,isi.on3 of the Order as stated in Section One [1], Sub-section Seven [7] and II I Section Seven [7]. f 4 1 , CL) • ~~..•.~..~•..~r~.-~r.~~~r.-~-.-•- ..~r Section 2. 'Licensing Area The provisions of this Order shall apply to all of the area lying in Brazos County, Texas, which is not included within the boundaries of an existing private sewage facility Board Order or any incorporated city or town. Including the extraterritorial jurisdiction of all incorporated cities and towns in Brazos County, Texas. Section 3. Discharge, of Sewage A. After the effective date of this Order, only the following types of sewage discharges shall be lawful; [1] Sewage discharged into an organized disposal system: [2] Sewage discharged into a private sewage facility licensed in accordance with the regulations contained in this Order. [3] Any sewage facility operated under a permit issued by the Texas Water Quality Board. Section 4. Licensing Authority A. The Sanitarians of the Brazos County Health Department shall perform all licensing functions required by this Order. B. The Licensing Authority shall: Ill Enforce all the regulations contained in this Order; [2] Make reasonable inspections of all private sewage facilities located or to be located.'-within the licensing area; ,[3] Assist in the collection of all fees set by the Commis- sioners Court to recover cost incurred in meeting the requirements of this order; [4I Make semi-annual reports to the Commissioners Court on all actions taken concerning this Order; and [5] Perform all other duties necessary to meet the requirerrentm of this Order. Section 5. Licensing Requirements A. No person may install private sewage facilities after the effective date of this Order unless a license has been issued for the facility! Texas Water Code, Sec. 21.084 [e]. • i i I 4 vo 2 B. No person- may install 'a private sewage, facility ,on a, lot or ttect•smaller-than required to meet all standards set forth in j. order. i. ' C. Minimum state requirements will-be enforced on existing and new. systems as stated in the pamphlet entitled "A Guide to the Disposal of Household Sewage"., [Art. 4477-1, published by the Texas Department of Health], and available on request at the Brazos County Health Department office in Bryan, Texas, and which requirements are hereby incorporated herein by reference. D. In previously untested areas there shall be percolation tests conducted by either the staff for the Licens'ing Authority or any qualified engineer or sanitarian. The purpose of such test is to determine the capabilities of the area for absorbing properly all effluent emitted through the drainfield. This test is a prerequisite to the insurance of a license-authorizing the installation of a new system. E. The County of Brazos shall be paid a reasonalble fee of Twenty five ($25.00) dollars to cover all administration cost incurred in processing the application, the inspection of the installation and the issuing of,the license. F. The County of Brazos shall be paid a reasopable fee of Fifty ($50.00) dollars when the applicant requests the Licensing Authority to conduct the perolation test, Twenty-five ($25.00)• dollars for administration, processing, inspection and license, Twenty-five ($25.00) dollars for the' percolation,testing service. Re-inspections when necessary shall be Ten (610.00) do17a rs each. Section 6. Application, Testing and Inspections A. A person desiring a license, shall obtain an application from. the office of therCounty•Clerk or the Brazos County'Health,Depart- ment office. B. To complete the application, an applicant shall submit to the Licensing Authority: [1] The•complete•application form: [2] An offical receipt showing payment of the necessary f":~:• s' • ~ r ~ . . e r • r ~ . ~ • ~i ~ trt ~ t . ~ n. '•i ft♦s. r ~ . . •iu~'r"~~:~~...~.i.~•w'Y~,~.: D.'t S - ~ `7 i'..•T•.~......, r ! 11 , i i e r '.~L'~_ V~]•' l+Kl Y1dA 5~,f J". '.Y , _ ~ VwV.r Vr\i.. r. ~ r.•I V r...\r V••V V •Y•IN 4n i~/\:•I•iJ ilr~ IIV VIIV I.. a.~C1 V+.li • , n l~ C. Upon receipt of a'completed application, tha Licensing Author- ity shall: [1] Record the application: [2] Perform, cause to be performed, or record necessary test, said tests may also be conducted by sanitarians registered by the Texas Department of Health Resources, licensed civil engineers, licensed agricultural engineers; and, [3] Inspect the facility. • D. The inspection and testing for the Licensing Authority shall be performed under the direction of the Sanitarins of the Brazos, County Health Department Staff. E. Based upon the results of tests, inspections and the information contained in the completed applications, the Licensing Authority shall: [11 Issue a license; or 121 Notify the applicant in writing that the application is denied, stating the reason(s) which prevent licensing. Section 7. Subdivisions A. Each lot or tract in any new subdivision using private sewer facilities to be developed after the effective date of this Order. must be at least one-half'['] acre in size and proper drainage must be provided throughout the subdivision to eliminate surface 'water saturation of areas where private sewer facilities are in use. In addition to other Licensing and application requirements, a developer-or any party desiring to create a subdivision or to provide for the use of a private sewage facility within an existing subdivision shall file a plat of the subdivision with the Brazos County Commissioners Court. B.. After performing necessary tests and inspections, and Licensing Authority shall determine whether private sewage facilities are: 11] approved, but restricted in certain parts of the sub- division; or [2] Approved for use in all parts of the subdivision, or [3], Prohibited in the subdivision. -s- 2 91 "'t••r` m~•r • •1' °M.,k•w+=4'4^;,' c1Wn•~; SY•',..•{ u"•tit .i7 ' n~ ! .I:,v,,.1p.~ha L ~~7} .x - sY+af-' i 4 '.Iy h f ~'A t f , Wi d 4 •K" h'y, T- P'T~ .,'ip4 •1 ' Yi S4% ( 1. } r N, t+', .1.,,: ~ i ~ , ~a.~,N._ . - i sP1.._aL.~.• :n).C 6; rf3u t~1~'t~~l ~ r C. The Licensing Authority. shall `notify'•'the' applicant' of its I'', IYI findings :in writing., D. No license shall be, granted within a subdivision unless the Licensing Authority has approved the use of private sewage ? facilities within that subdivision and that portion of such subdivision where the license is sought':-• E. A person submitting an'application under this section, his ! agent,,or assigns shall issue notice to each buyer of: [1] The terms and conditions of this Order; and [2] The applicability of this order to the subdivision and , to the buyer's lot or tract. ,I F. Any failure b zhe develo er his y _a ant s p g ( or assign(s) to give the notice required in sub-section E of this section shall be in violation of this. Order and subject to appropriate enforce- me,nt action(s)'. The Licensing Authority may withdraw approval granted a subdivision if a person fails to give adequate notice as required by sub-section E of this section. Section 8. Licenses and Renewals •A. The Licensing Authority shall issue licenses for a term of five(5) years; at the end of every five(5) years the facility will be,reinspected for complaince'with this Order.' There will be a fee-of Twenty-five (525.00) dollars for reinspection and license renewal. H. A succeeding owner may apply for a transfer for the unexpired term of the license provided that: [1] He proposes no significant change or quality of waste to be placed in the facility; or [2] He proposes no change or modification of the facility. C.. 'A licensee must notify the Licensing Authority of any anticipat- ed change in usage of a disposal system or of any modification to it. D. A licensee may apply for renewal of his license prior to expiration•for successive terms of five(5) years. -6- t J 'I' :1` 1, ~ i•. ~ , :,y,,., ' ~i• . ' ' 'ti J'a''~'~ : t~ ly .a t •~?nv.ti„ ..:r,. , i.: •'.~~c f. -•,q::,, i- I . , : r r ;1 , ; i ' C 'r , i ' i 1 • I r ~ , i ,t i i „V'S~ 9n1 !P.,1:'.'y.~T 1^ iW .l^Y'~Yr•~'1. y;'" . t• i E. The Licensing Authority may renew a license if it determines that: [1] Continued use is not in conflict with this Order, or an Order, regulation, or rule of the Texas Water Wuality Board; and [2] No pollution or injury to public health will result. F. If the Licensing Authority determines that a license should not be renewed, it shall notify the applicant in writing stating the reasons preventing renewal. Section 9. Registration of Existing Facilities A. A person with title to property on which a private sewage facility is in use on the effective. date of this Order shall submit an application for registration of the facility with the Licensing Authority. B. All persons with existing facilities must make application for registration within one(1) year of the effedtive date of the Order on a form prescribed by the Licensin, Authority. C. A person who does not a,-ply for registration of any facility in the•-alloted time as provided by sub-section "A" and "B" of this section must apply for a license in the same manner and subject to the same requirements, procedures, and fees as an applicant for a new facility, Sec. 5 and Section 6. D. A person desiring to register a facility shall obtain the appropriate form from the office of the Licensing Authority or office of the County Clerk. • S. If the Licensing Authority determines that the registration is not complete, it shall notify the registration applicant in writing of the applicants' faults. F. The' Licensing Authority shall inspect each registered facility to determine if it is creating a public nuisance, health problem or-is a source of polution to the waters of the state. G. If the inspection reveals that none of the above exist, such existing sewage facility shall be registered for a period of.five(5) years upon payment of the registration fee of Ten(510.00) dollars. At the expiration of the initial registration period,--a -7- ; . ~ - , ;,T-; ::-~~--ter---~ -x..,,>, ; • • - - , - 1. •,'..Y_ : !'l 0 M ~ 1'+~.5 t ~4" ~ ''Iw Ai•71L lJi[.'tl ~13 h,f. ' ,(S'x 1 f~i , - _ _ s~ JL JA',Ca^..5e~d,el:~aLw~,..L~'+1~r~~'r.., L'rli1~"1Ri7.~~.l~:Yi~l`~w~.? ~~~A S~.IS~..,d.../17'i_Ltl;:1U:::i.s.~i• ~..:.`.~L'al.liA;J. _.i: ,.1C-.a.R'!L1Lr:' I:it° .,.license shall be required in accordance with",t a.-provisions of Sec. 8 hereof: H. If one or more viclatione.exist, the violation(s) must be corrected and a to-ihepection'made in which case an additional ' Ten ($10.00) dollars shall be paid before the registration filed. . Z. Succeeding owners to holders of registrations must make application for a license before final purchase of the facility. The application will be subject to the provisions of Section 6 of this Order. Holders of registration shall issue notice in writing } to a buyer of the terms and conditions of this Order. ' J: Registration does not relieve a person of any responsibility imposed by Articale 4477-1, V.A.C.5. Section 10. Organized Disposal Systems A. No person may be granted a license who proposes to construct a private sewage facility, any part of which is within 300 feet 1 of horizontal distance to any part of an organized disposal ! 1 system unless in the judgement of the Licensing Authority it is j practicable. i B. The Licensing Authority shall cancel licensesand'registration •of private sewage facilities whenever an or ainzed disposal j ' systems collection lines are extended to within 300 horizontal feet or any part of a private sewage facility, and such private ' sewage facilities shall be connected as soon as possible to the ' organized disposal system, providing in the judgement of'the Licens"ing•Authority it is,Practicable. ' Section 11. Exceptions A. A person desiring an exception to any requirement of this Order shall file a'written statement with the Licensing Authority statings [1] The nature of the exception; and '[2I The reason the exception shall be granted., B. The Licensing Authority shall review the request and reply to i .the applicant in writing within thirty (30) days either granting or denying the request. N" r CD r r ~r J ~ fir' v Jr ~ to ~ l . 4r , • 1 ~ 'C. If the request is denied, the Licensing Authority shall include in its reply the reasons for denial. Section 12. Enforcement of this Order Whenever it appears that a violation or threat of violation of any provision of this regulation has occurred, the Commissioners Court through its attorney may seek injuctive relief or civil penalties or both, as authorized in Section 21.254 of the Texas Water Code, or criminal action as authorized by Section 21.5531 of the Water Code, as ammended, against the person or persons who committed or is threatening to-commit' the violation. - This power may not be exercised by the Commissioners Court unless a reasolution authorizing the exercise of the power is adopted. In a suit brought by the Commissioners Court under Section 21.254, the Texas Water Quality Board is a necessary and indispen- sable party. Section 13. Appeal A. A person aggrieved by an action of the Licensing Authority made pursuent to this Order is entitled to an admminstrative appeal to the Commissioners Court. B. The Commissioners Court may prescribe conditions and procedures for perfecting an appeal. Section 14. Severability If any provision of this Order or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the Order and the application thereof to other persons and circumstances shall not be effected. Section 15. Schedule of Fees A. License fee schedule for Brazos County private sewage facility. [1] °25.00 - Twenty-five dollars - This amount to be paid to cover application processing, facility inspection and license. [2]''S25.00 - Twenty-five dollars - This amount to be pair' when the Licensing Authority conducts the percolation test. I r !'1 VOLA~PAGE* 7, 7- / ♦.*s ill .t; •,lt' 'fi ll- ''YtiYr.,~~:•; r"Yii. '1A'S.r. ;iu''F.r Yy+,, +..,y.,,Iby HZi:r~x ~•li"-rt\rL~Yi'•-5i,~f,~' 1.1~,`,~r tai, i*f'('r.h'' ' .~..~i.,'i.~(.i' t -`1 • 'r j~.'1"' .i 't,~'S: Y,:j~rrl ~r~Yi 1~.('~'!S n',` alt f I~, ice. K^D ~)A ~ r.l :•I; , ~ '.J 1!. f,^"~'A -_n.+i~.,,' - ..i a r Y ~ ~'iiC'.`~ ...154r' i9W~y S r I ~ 1 'P. Y :4~' •;'•✓4 1''t T l`•x. 6 1~I •f 4` ~ FF. dt34^d1~ ,k }C U 1 " aaG 1 ~L ~ F ~ ` ' ~ ~ ~ ' a J , ~y y,~_ _ . . ,~ii ; IL_tl.".f~. {~,l.. L. 1lt ~yy±+r R+`7+a^ +.Li-!7l ..'7;.~ ~vr~u. lSl.i,simlY.~r~~~-' 7 ~ Yea `LS~i'.2'~ v-` •.IYi+. l." :T•1riSt~T~^ ~..~,x q~."+•~ ' , r r ' ' ' ! , t , I , I 1. r , •l ^r • ' ' i F / , ' '1 r ' • , :1 . ,I VOE /PAC L 440 1., - . [3 $25.00 ty ive- dollars - This r'amount to be paid for five (5) years license renewal and inspection of 3 registered and licensed,facilities.-, ' [4] $10.00 - Ten dollars - Initial registration for I . existing facility. [5] 010.00 - Ten dollars - additional fee for re-inspections. B. All fees shall be paid to the County Clerk at Brazos County, ' r who shall issue his offical receipt thereof as evidence of the payment of some. i Section 16. Effective Date This order shall be in full force and effect from'and after .its passage, approval by the Texas Water Quality Board, recording I t j ,and publication as provided by law. I ' i ! The above Order bing read, it was moved and seconded that same pass. Thereupon, the question being called for, the following I members of the Court-vote AYE: j 1 . l~7 and the following voted NO: County Judge Y oun y ommi.ssioner Precinct o. County Commissioner Precinct o. , . County ommissioner Precinct No. County Commissioner Precin-c-7-17-7 Attest: oun y er 1 -10- i 1 , _ _ .i,_5i....- ""~~',T_.r'1.•",-r•.r-:-.-y . +'T..-.......-r....-'•.-r--• _..;r-+_- '1 r T_ , r