Memo Resolution Renewal of the Sanitation Services agreement with the City of Schertz and Comal CountyAgenda No. 3
CITY COUNCIL MEMORANDUM /RESOLUTION
City Council Meeting: April 22, 2008
Department: Inspection Department
Subject: Renewal of the Sanitation Services agreement
with the City of Schertz and Comal County
BACKGROUND
In May of 2006 the City Council approved a two year Sanitation Services with the County. At
that time City Manager Don Taylor explained that the agreement was the same as the City has in
place with Guadalupe County and added that the agreement fully complies with State mandated
requirements. The City Council passed this unanimously.
The agreement will be expiring in May and needs to be renewed at this time.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends approval of the renewal agreement.
ATTACHMENT
Renewal agreement
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ:
That the above stated staff recommendations are hereby approved and authorized.
PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz,
Texas this 22nd day of April, 2008, at which meeting a quorum was present, held in accordance
with the provisions of V.T.C.A., Government Code, §551.001 et seq.
APP
Hal Baldwin, Mayor
ATTEST:
i �C�
`
Breed Dennis, City ` ecretary
AGREEMENT
FOR THE PROVISION OF CERTAIN SANITATION SERVICES
This Agreergent for the Provision of Certain Sanitation Services (this "Agreement"} is
entered into as of e!� 2008 (the "Effective Date's between the CITY OF SCHERTZ,
TEXAS (the "City") and COMAL COUNTY, TEXAS (the "County'l.
WHEREAS, the City is located in part in the County, and the City desires that the County
provide certain on -site private sewage facility services in the portion of the City located in the
County; and
WHEREAS, the County agrees that it will provide such services for the portion of the City
located in the County; and
WHEREAS, this Agreement is entered into pursuant to Chapter 791, Texas Government
Code, as amended.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the City and the County agree as follows:
1. OBLIGATIONS OF THE COUNTY
1.1 The Comal County Engineer, or his designee, will permit, inspect and monitor the
construction and /or installation of private sewage facilities, including institutional
systems, within the portion of the City located in the County. The County's .
policies governing the permitting, inspecting, monitoring, and the satisfactory
completion of the construction /installation of private sewage facilities is set forth
in the County Order adopted October 25, 2001 (the "Order'l along with any
revisions adopted at a later date, except as specified below. The Engineer, or his
designee, will collect from the homeowner or installer his standard fee for such
services. Certain services to be provided include:
(a) Issue construction standards, specifications and requirements for private
sewage facilities including institutional systems;
(b) Approve engineering plans in accordance with current State and County
regulations;
(c) Issue authorization for both construction and operations permits for private
sewage facilities;
(d) Monitor and inspect progress of construction and installation of private
sewage facilities in Schertz;
(e) Assure compliance with State and County specifications, regulation and
policies for private sewage facilities as required in the COUNTY ORDER;
(f) Establish methods and procedures for control of all private sewage facilities
in accordance with existing policies and regulations; and
(g) Establish and collect such fees as required to implement the COUNTY
ORDER within the corporate limits of Schertz.
1.2 Exceptions:
(a) Subdivisions of single family dwellings platted or created after January 1,
1988, and served by a public water supply and using individual OSSFs for
sewage disposal, shall have a minimum lot size in accordance with TAC 30
§285.4(a)(1)(A) or the City of Schertz Subdivision Regulations, whichever
is greater.
(b) Subdivisions of single family dwellings platted or created after January 1,
1988, and not served by a public water supply and using individual OSSFs
for sewage disposal, shall have a minimum lot size in accordance with TAC
30 §285.4(a)(1)(B) or the City of Schertz Subdivision Regulations,
whichever is greater.
(c) Each lot or tract of land on the Edwards Aquifer Recharge Zone on which
OSSFs . are located shall have an area of at least one acre per single family
dwelling.
1.3 Any additional services that the County Engineer, or his designee, provides to a
property owner, at the property owner's request, shall be at the expense of the
property owner.
1.4 The City of Fair Oaks Ranch shall ensure that persons proposing residential
subdivisions, manufactured housing communities, multi -unit residential
developments, business parks, or other similar uses and using OSSFs for sewage
disposal shall submit planning materials for these developments to Comal County
in compliance with it
30 §285.4(c).
1.5 The County may enforce any violation of the Order under Chapter i of the Texas
Water Code, as amended.
2. EXCLUSIVE RIGHTS
During the term of this Agreement, the County will have sole exclusive rights to perform
the services described in this Agreement in the portion of the City located in the County.
3. TERM OF AGREEMENT
3.1 This Agreement shall become effective on the Effective Date described in the
first paragraph of this Agreement and will continue in force until September 30,
2008 and thereafter as set forth in accordance with Section 3.2.
3.2 On each September 30, commencing September 30, 2008, this Agreement will
automatically be renewed for an additional year, unless either party shall
give the other party written notice of intent to terminate this Agreement at
least 30 days prior to such date. This Agreement may also be terminated at
any time by either party for cause in the event that the other party materially
breaches the terms of this Agreement.
4. COMPLIANCE WITH LAWS AND REGULATIONS
The City and the County understand and agree that it is the intent of both parties for the
on -site sewage facility systems in the portion of the City located in the County to operate
fully and completely in compliance with all Federal, State, and local laws and regulations
concerning waste disposal. The City and the County will use their best efforts to ensure
continued compliance with all applicable laws and regulations.
Executed as of the Effective Date.
CITY OF SCHERTZ, TEXAS
City Manager
COUNTY OF COMAL, TEXAS
By:
County Judge