Res 002-2010 1/5/2010 RESOLUTION NO. �o? ��alD
Resolution Approving An Agreement With Archer County To Allow
The Health District To Exercise Exclusive Jurisdiction To Regulate
On-Site Sewage Facilities And Approve Related Permits On All City-
Owned Land Adjacent To Lake Kickapoo
WHEREAS, the implementation and enforcement of On-Site Sewage Facilities
(OSSF) rules is a governmental function as set forth in Section 366 of the Texas Health
and Safety Code; and,
WHEREAS, the protection of the water supply in Lake Kickapoo is a primary
concern for the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The attached Agreement with Archer County to allow the Health District to
exercise exclusive jurisdiction to regulate On-Site Sewage Facilities and approve related
permits on all City-owned land adjacent to Lake Kickapoo is approved, and the City
Manager is authorized to execute the agreement on behalf of the City of Wichita Falls
with such changes to form as are approved by the City Attorney.
PASSED AND APPROVED this the 5th day of January, 2010.
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MAYO R
ATTEST:
ity Clerk
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA §
This Agreement is made and executed in duplicate by and befinreen the City of
Wichita Falls, Texas, P. O. Box 1431, Wichita Falls, Texas ("City"), and Archer County,
Texas ("County"),
WITNESSETH:
1. RECITALS
WHEREAS, the implementation and enforcement of On-Site Sewage Facilities
(OSSF) rules is a governmental function as set forth in Section 366 of the TExAS H��TH
& SAFETY CODE and
WHEREAS, the protection of the water supply in Lake Kickapoo is a primary
concern for the City.
NOW, THEREFORE, in consideration of the mutual benefits to be derived from
this Agreement and of the representations, warranties, covenants, and conditions
contained herein, the parties agree as follows:
2. AGREEMENT
2.1 The County and the City agree that the City is hereby authorized to
exercise exclusive jurisdiction to regulate On-Site Sewage Facilities and
approve related permits on all City-owned land adjacent to Lake Kickapoo,
in accordance with the City of Wichita Falls Code of Ordinances. The City
is authorized to keep all fees assessed by the City pursuant to this
Agreement.
2.2 In consideration of this agreement, the City agrees that it will provide the
County with a copy of all current rules and regulations applicable to OSSF,
and further agrees that, if it amends any rule or regulation pertaining to
OSSF, it will provide a copy of the amended rule or regulation to the
County.
2.3 In further consideration of this agreement, the City agrees that, if it
receives any application or request for a variance to a rule or regulation
applicable to the OSSF, it will give notice of the application or request to
the County and provide the County an opportunity to comment on the
application or request before consideration of the application or request.
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2.4 The City specifically agrees that, because it desires to have the authority
to regulate OSSF, the authority to do so is adequate consideration for the
perFormance of its obligations under this agreement.
2.5 The County agrees that being relieved of the responsibility of regulating
OSSF is adequate consideration for the perFormance of its obligations
under this agreement.
2.6 This agreement does not extend the liability of the parties. Neither the City
nor the County waives any immunity or defenses available to it against
claims� made by third parties.
3. TERM OF AGREEMENT
This agreement is for a period of one year and shall automatically renew for
successive one-year periods unless terminated as provided herein. Either party
to this agreement may terminate the agreement the end of any term without
cause by notifying the other party not later than 45 days prior to the end of the
term. However, both parties understand and agree that the right to terminate this
agreement does not avoid the statutory duty of the County and City to have a
written agreement providing for OSSF regulation by the City. _
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement as of the month, day and year below written. It shall become effective upon
the date that both parties hav signed the Agreement.
Ci ichita Falls, Tex County of ����� , Texas
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Signature of Aut ized ial Signature of A thorized Official
Citv Manac�er � ` �� � �N � J �IV�J�
Title Title �
Date: � " �� � Date: 1 2 ^ � ( � /
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est: . Attest:
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i I k Cou ty Clerk
Appr d as to Form:
/ �-
es Risle , ' torney
City of Wichita Falls
Cou nty of Archer
North Central Texas — Created 1858 — Or anized 1880
GARY W. BEESINGER
COUNTY NDGE �� ,
P. O. BOX 458
ARCHER CITY, TEXAS 76351
940-574-4811
December 14, 2009
Susan Morris
Wichita County Public Health
Zoonosis Coordinator
1700 3 Street
Wichita Fa11s, Texas 76301
Dear Ms. Morris:
Please find the enclosed Agreement between the City of Wichita Falls and Archer
County. Signatures of authorized Official will be needed. I have enclosed a copy for you
and please return the other to my office.
Respectfully,
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o`�� �"�� `� ��.��, a � �'��.���'�`. ��'�...1
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Gary W. Beesinger
County Judge, Archer County
Agreement
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STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA §
This Agreement is made and executed in duplicate by and between the City of
Wichita Falls, Texas, P. O. Box 1431, Wichita Falls, Texas ("City"), and Archer Caunty,
Texas ("County"),
WITNESSETH:
1. RECITALS
WHEREAS, the implementation and enforcement of On-Site Sewage Facilities
(OSSF) rules is a govemmental function as set forth in Section 366 of the TExas H��rH
8� SAFETY CODE; and,
WHEREAS, the protection of the water supply in Lake Kickapoo is a primary
concern for the City.
NOW, TFfEREFORE� in consideration of the mutual benefits to be derived from
this Agreement and of the representations, warranties, covenants, and canditions
contained herein, the parties agree as follows:
2. AGREEMENT
2.1 The County and the City agree that the City is hereby authorized to
exercise exclusive jurisdiction to regutate On-Site Sewage Facilities and
approve related permits on all City-owned land adjacent to �ake Kidcapoo,
in accordance with the City of Wichita Fa�ls Code of Ordinances. The City
is authorized to keep all fees assessed by the City pursuant ta this
Agreement.
2.2 In consideration of this agreement, the City agrees that it will provide the
County with a copy of all cur�ent rules and regulations applicable to OSSF,
and further agrees that, if it amends any nile or regufation pe�taining to
OSSF, it will provide a copy of the amended rule or regulatian to the
County.
2.3 In further consideration of this agreement, the City agr�s that, if it
receives any application or request fo� a variance to a rule Qr regufation
applicable to the OSSF, it will give notice of the applicatian or t�quest to
the County and provide the County ar� oppartunity to cotnment on the
applicatian ar request before consideration af the application or rec�uest.
____
2
2.4 The City specifically agrees that, because it desires to have the authority
to regulate OSSF, the authority to do so is adequate consideration for the
performance of its obligations under this agreement.
2.5 The County agrees that being relieved of the responsibility of regulating
OSSF is adequate consideration for the performance of its obligations
under this agreement.
2.6 This agreement does not e�ctend the liabilityr of the parties. Neither the City
nor the County waives any immunity or defenses available to it against
claims made by third parties.
3. TERM OF AGREEMENT
This agreement is for a period of one year and shall automatically renew for
successive one-year periods unless terminated as provided herein. Either party
to this agreement may terminate the agreement the end of any term without
cause by notif�ring the other party not later than 45 days prior to the end of the
term. However, both parties understand and agree that the right to terminate this
agreement does not avoid the statutory duty of the Caunty and City to have a
written agreement providing for OSSF regulation by the City.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement as of the month, day and year betow written. It shall become effective upon
the date that both parties have signed the Agreement.
City of Wichita Falls, Texas County of �RL'Ef� . Texas
�.tl � :Qo� w, '
Signature of Authorized O�cial Signature f Authorized Officia
C�uN� ti f�
Title Title
Date: Date: Z"'�� �
Attest: Attes
�
City Clerk ty Clerk
Approved as to Form:
Miles Risley, City Attorney
City of Wichita Falls
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