HomeMy WebLinkAboutResolution - 3197 - Interlocal Agreement - Lubbock County - Vector Control Services, & SF Inspection - 09_12_1989Resolution # 3197
September 14, 1989!
Item #23
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Sewage Facil-
ities Inspection Agreement by and between the City of Lubbock and the County
of Lubbock, attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and
be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 14th day of September , 1989.
�c.�S�
B. C. McMINN, MAYOR
ATTEST:
Rane`tte Boyd, City Secretary
APPROVED AS TO CONTENT:
Rita Harmon, Assistant City Manager
for Public Services
APPROVED AS TO FORM:
DMald G. Vandiver, First Assist
City Attorney
T
SEWAGE FACILITIES INSPECTION AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
THIS Interlocal Agreement entered into between Lubbock
County, acting by and through its duly authorized County
Judge, hereinafter called "County", and the City of Lubbock,
acting by and through its duly authorized Mayor, hereinafter
called, "City".
WITNESSETH:
WHEREAS, the County Commissioners' Court of Lubbock
County, Texas has by Resolution 75-R-5, as amended, passed
August 11, 1975, determined that a need exists to regulate
private sewage facilities in the areas of Lubbock County
outside the city limits of the City of Lubbock; and
WHEREAS, the County has requested the City to assume
the duties of the County as licensing authority as set forth
in Resolution 75-R-5, as amended, a copy of which resolution
and amendments is attached hereto as Exhibit A and made a
part hereof by reference; and
WHEREAS, the City of Lubbock Agrees to furnish the
services of the City Health Department sanitarians for such
purpose on the terms and conditions stated below:
1. The City agrees that inspectors from the City Health
Department shall be furnished for the purpose of making
sewage inspections and related services, including the
Veterans Administration and Federal Housing Administration
required inspections for water and sewage disposal systems
for loan purposes, in the County outside the city limits of
the City of Lubbock.
2. The City in providing this service shall pay all
necessary expenses of the personnel involved in this
service, including salaries, administration expense, fringe
benefits, transportation vehicles, and the maintenance and
operation of transportation vehicles.
3. The City shall retain any fees generated by the
services stated herein.
4. The County hereby agrees and obligates itself to pay
to the City for these services monthly installments of
$2,505.67. This monthly fee shall be payable by the County
to the City on the 15th day of each month. A detailed cost
estimate is attached hereto as Exhibit B.
5. The term of this Agreement shall be from
;, August 1, 1989 through September 30, 1992
6. This Agreement may be amended, including the amounts
for fees provided hereinabove, or terminated by either party
upon 30 days written notice to the other party.
EXECUTED THIS 28th DAY OF August 1989
COMMISSIONERS; COURT OF
LUBBOCK COUNTY, NTEXA
RODRICK L. S AW, COUNTY JUDGE
. ATTEST:
ANN-DAVIDSON, COUNTY CLERK
"���''•-------AEA V AS T FO
ICHARL G= BINGI-iAM,, .ASSIST:
DISTRICT ATTORNEY
CITY OF LUBBOCK:
c
'B.C. McMINN, MAYOR--.-
RANETT BOYD, CIT S RETARY=--
APPROVED AS TO FORM:-•---
DONALD G. VANDIVER, FIRST
ASSISTANT CITY ATTORNEY
'. EXHIBIT A
RESOLUTION N0. T5-R-5
Stata of Texas
County of Lubbock
On this the 1' (W of Au ust�, 1975, the Commission3rs' Cauit Of
Lubbock Caun}y■ Tc:cas, as:sQd is the Courthouse of the City of Lubbock Texas
with the following; serber3 present, to wit:
P.odrick L. Shaw , County Judg-s
Arch Lamb , County Commissioner Precinct #1
I Ar_anta , County Commissioner Precinct #2
L. C.-�D:Frick County Commissioner Precinct #3
.�- Alton Brazit , County Commissiontr Precinct #4
and, among the XO-cr prcceadings, had the following order passed:
Whereas, the T*,Y.a Department of Health Resources and the Taxers Water
Quality Board hr:ac sat up certain standards to regulate the quality of water,
and have set up certaia standards as to the installation of s&:ptic tanks and
absorption bads snd/or o`har methods of disposing of sewage; and
WhtrE-as, the continu:d unregulated use of private sewage facilities con-
stitutes a serious threat to public health; and
v Whereas, rapid 3ncreasts in population density due to mobile hale parks
or other conetntrated housing in areas not served by organized disposal systems
con create pollution and public health problems; and
llher!was, the Comr:issionvrs' Court of Lubbock County, Taxes has considerad
the matter and dc;mad it appropriate to issue an Order regulating private sewage
facilities to protect the irr-placeablr water resources, and public health of
Lubbock County, T::xas; and
S:'hereas, due notice of the meeting was givsn as required by Section 21.0•"-•'i
Texas Water Cod_.
:low, Thtrefore, Bt It Ordtr_d, Adjudged, and Decreed by the Commissioners'
Court of Lubbock County, Texas, that the following regulations be in full force
and effect es soon as approved by th,• Texas Water quality Board:
SECTIOIl 1. DETUITIONS
1. "Ccr..riss? oners I Court" means the Lubbock County. Commissioairs' Court.
2. "LBcrnair.,- Authority' m.:ans the Lubbock City -County Health Department.
3. "Person' inelud_;s corporation, organization, estet=, trust, partnership,
associatioc or other entity.
4. "r~ivat± S,war_ Facilitt" mans all facilities, systems, and methods used
for the disposal of sewage other than disposal systems cperatsd under a permit
issued by the Texas llatyr Quality Board.
5. "S_wag2e" moans va,trborne human waste and waste from domestic activities
such as vashing, bathing;, and food preparation.
6. "Organized Disg;�sal System" means any publi'_ owned system for the collec-
tion, treatcrnt, and disposal of sewage operattd in accordance -with the terms and
conditions of a valid waste control order issued by the Texas Water Quality Board.
71 "Subdivieio '� mesas (1) a subdivision which has been platted and
rteotded w t�ounty Clerk of the County and Cotmties in which the land
lies, or which 'is required by statute to be so platted and recorded; or
(2) any two or morn contiguous lots or tracts► each of which is less then two
(2) acres in size&
8. "Mobile Hnnr Park" Z&ans say facility or i:iea developad for mcbilo hom
space l;sast orit tn�sl emend will be subject to the provisions of the: Order as
stated in Section One, (1), Sub -suction Sewn (7), and Section Eight (8).
9. "Stptic Tank S stem" means a system for disposing of sewage through soil
absorption end consists of th. following compcnentst the house sewer line, the
septic tank, and the soil absorption field.
10. "Static Tank" means a watertight tank which servts as a sedimentation
and sludgt digestion chamber and is located between the house sewer and the soil
absorption field.
11. "Soil Absorption Field" is that part of a septic tank system consisting
of a series of absorption trenches designed for the subsurface disposal of septic
tank effluent. Tht trenches mayvary in width from 18 inches to 36 inches and
contain at least 12 inches of clean, coarse aggregate and distribution pipe. The
trench bottom throughout the system must be- at the same elevation.
SECTION 2. LICENSING AREA
The provisions of this Order shall apply to all of the area of Lubbock County
which does not lie within the territorial jurisdiction (city limits) of my incor-
porated city or town. Likewise, the Order shall include the extraterritorial juris-
diction of all iucorpornt.d cities and towns.
This. Order may apply, also, to those citi-s or towns which, through the action
of their governing bodies, make: application to tht Commissioners' Court for coverage
.� under.this Order. Such application must ba accepted and approved by the Commis-
sioners' Court of Lubbock County.
(SEC TIO. 3 DISCHIkME OF SEWAGE
A, After the effective date of this Order, only tht following types of sewage
discharges shall be lawful:
(1) Sewage discharged into an organized disposal system operating under a valid
Waste Control Order issued by the Ttxas Water Quality Board.
(2) Sewage, discharged into a private savage facility licensed or registered* in
accordance with tha regulations contained in this,Orde:r.
(3) Sevegt discharged into a private sewage -facility which, on the effective
dats of this Order, was already in txistancs and in compliance* with all applicable
laws, rules, and regulations provided, however,that whin any such facility is
replaced, it shall ba in accordance with the regulations contained in this Order.
* Pit riviea .cxsspools. and in action wells would not bn in compliance.
SECTIOrl,4. LICENSING AUTHORITY
A. Th. Lubbock City -County Health Department shall perform all licensing functions
rtquired by this Order.
B. The Licensing Authority shall:
(1) Enforce all the regulations contained in this Order;
(2) Make inspections of all private sewage facilities located or to be located
within the licensing area;
(3) Collect all fees set by the Co=issionarse Court to reoovcr costs incurred
in Meeting tht, requiremaats of this Order;
2.
(4) P;ske sesi.-annual reports to the Corrissioners I - Court on a.I.l actions taken
v coaceiming this Order; and
(5) Proculgate rules and regulations for the granting of a licenst in accor-
dance with the terr^-B and conditions of this Order and perform ell other duties'nrces-
sary to ty.-et the r�quirem-nts of this Order.
SECTION 5. LICENSING EEgUITMETTS rOP RESIDYSTIAL LASE
A. No person may install private sewage facilities after the effective date of this
Order unless a licansr or registration of approval has been.issu:d for the facility
by the Licensing Authority; TExcs Water Code, Section 21.084 (e).
B. No person may install a privata sewage facility on a lot or tract smaller than
required to meet all standards set forth in this Order.
C. Minimum state requirements will be enforced on existing and new systems as stated
in the paaphl t .ttitled "A Guide to the Disposal of Household S=uage" as the, sane
now exists or is hareaft_r srbndad, published by the. Texas Ikpaxtment of Health
16sourc6s, and available on rtqu-,st r.t. the Lubbock City -County Health Dtpartmcnt
in Lubbock, Trxss, mad which is incorporated harain by refe-renec. In some instances,
requirem-nts of this Order rsy exc-ed those specified by the about state regulations.
D. Ia previously untsstad arras or in`any other arias whtre the Licensing Authority
deers it necessary, there shall bt percolation tests (number required to btt dat_r-
rino-d by the Licensing Authority) conducted by either the staff of;thu Lubbock
City -County Health Drpartm=nt or any qualified registered angineertor sanitarian.
The purpose of such tests is to daternine the cepabilitifs of the ai±ra for absorbing
prcp�rly all=ffluent wnitthd through the drainfield. This test is' a prertgnisitt
to the issuance of a lic_ast authorizing the installation of a new system.
E. It shall bt• the responsibility of the contractor, d-eveloper, or the property
W owner to prepar= all test holes acceptably to the Licensing Authority and provide
adequate clean water necessary to conduct percolation tests.
F. The Licensing Authority shall be paid a reason^ble*f'& of $10.00 to be paid when
the application fore: is filed and covers all administrati cost. incrrr;d'In pro-
cessing the application, tht inspection of the installation, and the issuing of
the licens:.
G. Th Licensing Authority .shall be paid a reasonable fee of t-12.50 per hole to
be paid when the applicsat requests the Licensing Author:':y to conduct the perco-
lation tests.
H. The lot or tract upon which th, private sewage facility vill be constructed or
utiliz,�d must be capable of disposing of the proposed waste in a r_annFr acceptable
to the Licensing Authority. The following shall be strictly adhered to b,-for,, a
liernsr will bi granted.
1. Info=ation r*garding the number of bedroorm in each proposed or existing
rrsidtact rust accor_pany any license raqu=st for private sewage facilities. Ths
following sttptic tank rcquirem,nts will then be irposad upon the dwslling:
a. Tao b¢droon or less 750 gallons (sinimun)
b. Thr.- b:.droon 1000 gsllms it
c. For each additional bedroor. 250 gallons "
2. Miaimua rzquirad trench (p,.reolation) area psr bedroom shall bt datsrmin:d
fror. th,: following tabl, provi&d that the total trench area for a minim= -sized
installation shall b,, based on the rrquir.,mants for a two be-droaa
3.
Average Required Trench *Minimum Trrneh
ftw Percolation Rate Bottom Area Per Bedroom Bottom Area Allowed
(Minutes per inch) ....... (Square Feet_ (square Feet_
v
1
85
170
100
200,
b
115
23Q
5
125 .
250
10
1 ".
330
15
190
380,
30
250
500
45
300
606.
6o
330
66q
Over 60
Not AcceptAble
Not Acce able
31 Each system should consist of at least two (2) lat►kal linde With each
net being ovar 100 feet in length& Trenches 18 inches in width shall bi at least
6.0 feet o. c., apart, whereas 36=inch tren c.:s shall be 765 feet o. ci
h; All existing and/or proposed water Wells, water courses, etc•i must be
located either by presentation of a plea or be visible upon a pr*liminary inspection
by the Licensing Authority. Wells on adjoining property will also need to be located.
5. A plat of a proposed subdivision.^ust be filed with, approved by, and
recorded by the Cc=issioners' Court of Lubbock County.
6; Minimum safe distsnccs in feet:
From To Septic Tank To Absorption System
-F/Ells, Cisttrns, etc. 50 150
Str6arss, Ponds 75 75
Foundation Walls of
Structures ' 5 15
Property Lines .10 10
7..A final performance inspection and approval must be txeeutsd Oa sits by
the Licensing, Authority just prior to tarth backfill over the completed system.
smaoN 6. LICMSINd RMUI1MM178 FOR INSTITUTION/INDUSTRIAL USE
A. Compartments
Although single-com eitm<nt tanke may be accyptable for household installations,
tanks with two or more compartments shell be providtd for large institutional systems&
nit compartments shall ba separated by walls with tens or ally to pe^mit liquid
flow. The flow line of this intermediate fitting shall be at the some elevation of
the flow line of the outltt fitting= i.e., three inches below the elevation of the
flow line of the inlet fitting. The capacity of the first ccmpartmsut shall be at
least two or three times the capacity of the second compartment.
B. Capacities
The net volume or effective capacity below the flaw line of a septic tank for
flows up to 500 gallons per day shall be at lssst T50 gallons. For flows bt-tween
5�0 and 1,500 gallons per day, th.L capacity of the tank shall be equal to at least
1 /2 days sewage- flow. With -flows greater than 1,500 per day, the rinimun effective
4.
tank capacity shall equal 10125 gallons plim T5 percent of the daily sewage
✓ flow. For daily'f:!o s in excess of 15,000 gallons, other types of sewage treat-
ment units mmy be to -re economical.
C, itini=n Caracity Standards
.ri
.✓
TABLE I
TYPE. OF ESTABLISHIENT OAL/PERSON/DAY
Skall dvellings cnd cottages with seasonal occupancy
50
Sinfle-fuf,.ly &ellings
T5
ttultiple,-family dwelling (apartments)
60
Rooming houses
40
Boarding hoizzes
50
Additional kitchen wastes for non-resident boarders
10
Hotel without private baths
50
Hotels with private baths (two Persons per rodm)
60
T to 10`�
Re tturants (toi:,et and kitchen vastes per patron
Restaurants (kitcheb wastes per meal served)
21/2 to 3,
Additional fer bras end cocktail lounges
2 �
Tourist carps. or trailer parks with central bathhouse
35
Tourist courts or mobile home parks with individual bath units
50
Resort camps (night and day) with limited luxury camps
100 to 150
Work or eonstmct.m camps (semi -permanent)
50
Day camp (no meals served)
15
Day schools without cafeterias, gymnasiums, and showers'
20
Day schools with cafeterias, gymnasiumss and shovers
25
Boarding schools
T5 to 100
Day, workers ar schools and offices (per shift)
15
Hospitals
150 to 250
Institutions other than hospitals
75 to 125
Factories (gallons per person per shift, exclusive of
industrial v�.ses)
15 to 35
Picnic parks (toilet wastes only) (gallons per person)
5
Picnic parks with bathhouse, shovers, and flush toilets
10
Swimming J)ools and bathhouses
10
Luxury :esid nces and estates
100 to 150
Country clubs (per resident member)
100
Country clubs (pF;r non-resident member present)
25
Mot._?.s (per b-3 space)
40
Motels vita bath, toilet, and kitchen wastes
50
Drive-in thente s' (per car space)
5
tiovie theaters (per auditorium seat)
5
Airports (per passenger)
3 to 5
Self-service laundries (gallons per wash, i.e. s per customr)
50
Stores (per toilet room)
4o0
Service stations (Per vehicle served)
10
5.
D. Estimates of leaching area
�,. nit following table is intended for use in conjunction with information
given in tht- Texas Department of Health Resources publication "A Guido to the
Disposal of Housaheld Sewage". Eaough percolation tests should be made in
ssparatt holes to assure that the results are valid.
TABLE II
Pi,rcelatiea Rate Maximum Rata of Sewage Application
(tinw in minutes for (gallons per square foot per dsy*)
water to fall one inch) for standard trenches**
1 or lass r . . . . . . . . . . . . . 5.0
2 . . . . . . . . 3.5
3. 2.9
5 e.2 }
10 4....... 1.6
15
30 . . . . . . . . . . . . . . . . . . . . 0.9
45.......................0 0.8
***60..•.....•........... G.6
""Trot including effluents from etptic tanks that receive waste from garbage
grinders and automatic washing machines. Increase the number of square feet
obtained by 20%-40% respectively for grinders and washing machines.
** Absorption eraa is figured as trench -bottom area
*** Ovar 60 unsuitable for leaching systems
E. Calculations
To determine quantity of Leaching or absorption area in squari� feet, use
the following sV--ps:
1. From Tablo I, determine gal/person/day on the basis of type of establish-
mtnt(s) to be sarvcd. Multiply by the estimated number of persons to be served
per day:
Gal/Psrscn/D x No. parsons = Gal/Day 1 ? C
2. From the pre-deUrminad psrcolat on rate, stlnct-1r= Table II the maximum
rate of sewage application. Divide gal/day (obtained from prtvious calculations)'
by the rats of application:
Gal a Sq. Ft. of Absorption
Max. Rate Arta Required
3. If gasbag. grinders and automatic washing machines art proposed in tht
establishmut(a), add 20% and 40% respectively to the calculated square footage.
For garbagt• griadurs: Calculated Sq. Ft. x 120" = Adjusted Sq. Ft.
For washing machines: Calculated Sq. rt. x 140% = Adjusted Sq. Ft.
For combination garbage
grinders and washing machines: Calculated Sq. Ft. x 160% = Adjusted Sq. Ft.
SECTION 7. A-PLICATION, TESTII7G, IIISPECTIO'.7S, tilD Finn tPPPOVAL
A. a person desiring a liftns* shall obtain an application from the office of the
County Engineer or the Lubbock City -County Health Department.
✓ VV
6.
B. To completE the application, an applicant shall submit to the Licensing Authority:
(1) Record of application;
(2) The ruquir*d fM.s; and
(3) Any additional information that the Licensing authority may require.
C. Upon re-ceipt of a completed application, the Licensing Authority shall:
(1) Record the application;
(2) Perform a preliminary insptetion:'of the sits;
(3) Perform, causs to be performed, or record necessary tests; and
(4) Perform a final inspection of the site and facilities.
D. Tho inspection and testinf for the Licensing Authority shall be performed uadar
the direction of they Environmental Health Division of the Lubbock City -County Health
Department.
E. Based upon the results of tests, inspections, and th=: information contained in
the coapltted applications, the Licensing Authority shall:
(1) Issua a license or
(2) Notify the applicant in writing that the application is denied, stating_ the
r:ascn(s) vhich prsvtnt licensing.
F. The; Licensing Authority shall grant, or deany the license within ten (10) days
after all information and/or test data required by the Licensing Authority have
been submitted.
G. Final approvsl: of the private sewage system shall b-_ granted and a license
issued by the Licensing Authority only after the applicant has satisfied all the
requirements of this Order which includes a final inspection and peyent of all
fe:ss.
SECTIO;r 8. SUBDIVISIOUS
A. 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 Lubbock County Commisaimerrs' Court.
B. Upon completion of required forms, the Commissioners' Court shall approve and
record thn plat, or disapprove with reasons in writing to the applicant.
C. Atter performing necessary tests and inspections, the Licensing Authority shall
determine whether private sewage facilities are:
(1) Approved, but rastrictad in certain parts of the subdivision; or
(2) Approved for us. in all parts of the subdivision; or
(3) Prohibited in the subdivision
D. The Licensing Authority shall notify the applicant of its findings in writing.
E. No person within a subdivision may apply for license unless the Licensing
Authority has approv-d the ust of private sewage facilities within that subdivision.
F. A person submitting an application and r this section, his agent or assigns shall
issue_ to each biytr a notice 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.
G. Any failure by the developer, his a&nt(s), or assign(s) to give notice required
in subsccticn F of this section shall b. in violation of this Order and subbct
to appropriate taforcumnt action(s). The Licensing Authority, may withdraw ap-
preval granted a subdivision if a person fails to give adequate notice as required
by -subsection F of this section.
T.
SECTION 9, f'YISTI`tG PFI7ATF. -t"'ArF PACII.I"7FE
►\. Private se,!age disposal futilities exi'htinq as of the date of arhoption of Viis
Order are no'trequired to 1ve licr_nsed, provir'erl the facility is not causino pol-
es luti-n or injury to public'healtJil
B. If any of the fo)lmoinc ccneitions eyist either prior to or rftnr adoption of
this Order in .espect• to an existin• private sewage facility. it gust, within A
reasonable peri-d of .tine, nct to erceer cne (1) year from Tw
the Licensin- Autlhori ty. 1e_.hrogaht into ccrpliance. with. all provisions of -this
or ere
(1) '! P sv•ter, is fohmA to he cam.ina pollution or injury to pfthlic health.
Cesspools, 'cisect sewam discharges, inj8ctiorwtYpe wells, etc., -Mudd i'e
cnnsie4red in this cataaory1
(2) 'the syster is physically alterec° for any reasnn l or
(3) ".he loarlinct of the systetr is incr+ease�!.
C. Any person owniner or utilizing sewaea 01rposa` facilities with the area under
jurise-iction of '_his order shall Gerrit emiloyees of the Llmnsinr Tuthority to
wake tvch reaseria}le inspectilts of these facilities as ray be rprlui-A to r*wtpr-
sine Viether thaw comly w'th.tliis order.,
sEc Tryi lo. r carol Tws .
A. A pPrscm Oesirinc, an exception to anv re.quiserent: of this Omer shall file P
written state.ent wltk tho Lioensjm- At#hority statinas
(1) "lie nature of th- eXmption=-and.
(2) sin rPascm the exception sh>+,_vd t'e granted.
B. "r Liecnsin- Authority shall review the request and reply to the applicant in
writincc s+ithin dirty (31)) era either erantin'c or r'enyina the request.
C. If the request is deniee, t5e_LiDensin Ruthority shall indiur:e in its reply the
reasons for r'enial.
--" sr=rvt i% T• imrcrei-m OF -m orr. "o
+'henevnr it PaPears that n vinlation or threat of violation of any provision
of this requlati-m has cc. try. ed, the eberdssioners' Court through its own attorney
may petition for injunction relief or civil penalties or tiot'h, as authori PA in
Section 21.25d' of the Tex-s triter CnPa, against the person or persons who ccM- itteA
or is 01rettinr• to corrit the viol. -tine.
This pnwor -mjr not to 3"rcire<1 by thr rr.-r ssione.ra' r)our* ethless a resoluHon
authorizincs the exprcise of the grower is arlopter4.
In a suit broucht Fy the Corndssionerns Court under Section 21.254, the "•eras
Slater nelality nnarcf is P. neoeRsRry wnA indispensable party.
SFC-M"? 12. r'rFnrCr►-". I'r Or MIS O rFr - CPIFTTTL
A. 4� person trio violates env provision of this order is guilty of a trisAemeanor an,'•
on conviction is punishable }hv a fine of not less than ten '10.nn nor norp than
Tao 11unr'rnd_ S2nn.Cn. Each clay that a violation occurs vonstitutes a separate of-
fense.
R. Jurisdiction for prosecution of a suit under this section is in the Justice of
Peace rourt.
C. Wnsr, for prosecution n, a suit• under Vis section is in the Jtztiea of Peace:
precinct in iOich the violation is alleneci to have occurre?.
SECTION 9, T :YZSTING PRIv7 TF: 'T`!AGF FA(TI r-riz
+k. Trivate sewage disposal facilities exiztina as of the Rate of aAoption of Viis
Order are not requires? to }-e licensed, provic°erl the facility is not causine pol-
luti-n or injury to public Iiealth.
B. If any of the follcxAnq eoneitions exist either prior to or Pfter adoption of
this OrrSer in • espc-4--t to an existin private sewage facility, it must, within a
reasonable peri-d of time, not to cxeeer one (1) year from eats-rAF-antlfieation T•v
the Lioenuinr- authority. he-.hrnucht into' ccrplianoe• with. all provisions of -this
order:
(1) the sv-ten is fo+mA to 1+e cAusina pollution or injury to public health.
Cesspools, direct sevam. discharges, injactien�►type wells, etc., --m e be
ccrosieerer► in this catacoryt
(2) '^ie syster is physically altered for any reasons or
(3) The loarTine of the system is increases..
C. Pnv porson owning Or utilizing erewace elgposa• facilities with t'he are+ un&'r
Jurisdiction of --his Order Shall pewit. erployees of the Licensine Puthority to
make -such rtaasonr).le inspacti_ns of tihezA facilities as may be .requires! to c'eter-
r1me Viether they cccvly w'th this'Order.
sECTfCT,I lu. rxcrPTin-s
A. A person Aesirine, an exception to any requirevent of this OrOcr shall file A
written state, rnt.witl: the Lioensin- ALthoritr statincrs
(1) "ie nature of th- excrnti.aat ane..
(2) "trl >r.Asnn the exr,-. i ► shl-uld be axw te,?.
B. ^.hr Licensin• rutt.ority shall review the request Anri reply to &.0 applicant in
writinc* withirh tLirtV On) dayR eitlier crrantin- or Aenyirw the request.
C. If -he reequest is 6nied, tIe_Iicensia. Authority shall incluee in its reply the
reasons for i-anial.
sraTn1 1?. rnrrrcr.r-7'r1T nr ffTrTS nfi'"PQ - CTvIL
11:enever it rrnVeA-s that n violation or thzeat of violation of any provision
of this requlatirin has occTrrredv the ro rcLssi.oners' Court through its own attorney
may petition for injunction relief or civil penalties or both, as authorise.? in
Section 21.254 of rye 7axas stater Cnr:;a, against the person or persons who cornittest
or is t'+reftinn hn corrit the viol. -tine.
'this power ray not he ^..xrrcise(T' by t)r• C--Tissioners' hour* unless a resolu•ion
authorizinc; the cxrrcisn Of the Peer is ar?opte6.
In A suit hrouoht 1-v the- rOrYrdssioners' Court under Section 21.254, the Texan
Water nnallty Iloarri is a necessary Anti indispensable party.
SFc7T"l 12. mirnrcr-p- n'r nr "nis o rF- r - cI''i►TNPL
A. A person who violates Any provision of this Order is Guilty of a rriseemeanor anA
on conviction is punishahle by a fine of not less than ten "10.n') nor morn than
Two )Ihssrred $201.0% Each Pay that a violation occurs constitutes a separate Of-
fense.
R. JurisrUction for prosecution of A suit under this section is in the Just -ice of
Peach C.Ourt.
C. Wr.er. for pmseeutiOn n' A suit. une.er t' is section is in the Jmtiee of PeAoc
precinct in winch the violation is allened to have oceurree.
SECTICIT 13, APPVX
A. A person aggrieved by an action of the Licensing Authority made pursuant
to this Order is entitled to appeal to the Commissioners' Court.
B. The Commissioners' Court may prescribe conditions and procedures for perfect-
ing an appeal.
SECTIoi lb. SL-RABILITY
If any provision. of this Order or the application thereof to any person or
circumstance is hel0 invalid, the validity of the remainder of the Order and the
application thereof to other persons and circumstances shall not be affected.
SEC1'IOI1 15, SCHEDULE OF TM
A. License fee schedule for LuLbock County private sewage facility:
(1) $$10.00 This amount to be paid to cover application processing, facility
inspections, and license.
(2) .$12.50 per hole This amount to be paid vhen the Licensing Authority conducts
the percolatirn test.
SECTIOj1 15. rFFECTIVL•' DATr `
This Order shall be in full force and effect from and after its passage,
approval by the Texas Iftter Quality"Board, recording, and publication as provided
by law. The show Order being read, it vas moved and seconded that same pass.
Thereupon, the question being called for, the following merbers of the Court voted
AYE:
Arch Lamb Max Arrants
L. C. Derrick Alton Frxzell
P.odrick L. Shav `
and the following voted NO: NONE
Rodrick L: Shwa (signed)
County Judge
Arch G. Lamb (signed) Max Arrants (signed)
County Commissioner Precinct N1 County Commissioner Precinct N2
L. C. Derric' (signed)
County Commissioner Precinct U3
Attest: Frank Guess (signed)
County Clerk
9.
Alton Brazell (si ed)
County Commissioner Precinct /
WHEREAS, On August 11, 1975, the Commissioners Court of Lubbock County..Texas, past
.____Resolution 175-R-5 providing for regulation of private sewage-Eacilttiea,,which.jmdeL_&
appraved by She r 23, 1975; and
WHEREAS, said -Order is still in full force and effect; and
WHEREAS. Tha-c-& -t-Loa=aa -ours-daams it �atcessary to amend said order (1) to
provide for an increase in licensing fees be+Cs=caa.� jycyd apt
and (2) to reduce -the -minimum safe distance from wells, Cisterns. etc. to absorption
--- wx4=fi to goaUrm ta-ael •tandards.pYomuigated by the Texan Department of Health;
NDU, TEMMORE. IT I9 ORDERED THAT Resolution 75-R-5 is ammended as follows:
Paragraph F of.aaction 5 is amended to read;
"F. The licensing, Authority shall be paid a seasonable fee of $20.00 to be
paid when the application form is filed and covers all administratipn cost
incurred in procer-aing the application. tbr. U3p=tl.aa Af &�r- 105tallatioa. and
the issuing of the license."
Paragraph A 91) of section 15 is amended to read as followsr.
"A. License fee schedule for Lubbock County private sewage facility:
(1) $20.00 This.amount to be paid to cover application, processing,
facility inspecticne, and license."
Paragraph H.6. of section 5 is amended to read:
"6. Minimum safe distances in feet:
FROM TO SEPTIC TANK TO ABSORPTION SYSTEM
Wells, Cisterns; etc. 50 100
Streams, Ponds 75 75
Foundation walls of
structures 5 15
Property lines 10 10
4
Exhibit B
Sewage Facilities Inspection Agreement
Service Agreement
I. Sewage Facilities Inspections
A. Personnel Services - 90% of employees
time for County inspections at
$31,444
B. Maintenance & Fuel - 26,500 miles
per year at 19 mpg. _ $1,436 for
fuel plus $600 for maintenance
C. Capital Outlay/Depreciation -
vehicle depreciation cost at 20%
D. Administrative Cost
Total Sewage Inspection
II. Sewage Contract for Three Years
based on increase in permit fee
from $55 to $75 for 3 years,
with an Annual 3% increase
in expenses.
Monthly Rate of Contract
* $103,184 - ($20 x 649 anticipated permits for 3
year period = $90,204)
$ 28,300
$ 2,036
$ 1,632
$ 1,415
$ 33,383
$ 90,204*
$ 2,505.67
Resolution # 3197
September 14, 1989
Item #23
DGV:js
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Vector Con-
trol Services Agreement by and between the City of Lubbock and the County of
Lubbock, attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and
be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 14th day of September , 1989.
y�� a
C. McMINN, MAYOR
ATTEST:
KanerLe boya, idly Jecretary
APPRO�VEDDAAS TO CONTENT:
Rita Harmon, Assistant City Manager
for Public Services
APPROVED AS TO FORM:
uonala u. vanalver, hirst Ass
City Attorney
VECTOR CONTROL SERVICES AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LUBBOCK
THIS Interlocal Agreement entered into between Lubbock
County, acting by and through its duly authorized County
Judge, hereinafter called "County", and the City of Lubbock,
acting by and through its duly authorized Mayor, hereinafter
called "City".
WITNESSETH:
WHEREAS, the County Commissioners' Court of Lubbock
County, Texas, has determined that a need exists for vector
control services in Lubbock County outside the city limits
of the City of Lubbock; and
WHEREAS, the City of Lubbock agrees to furnish such
services upon the terms and conditions stated below:
1. The City agrees to provide vector control services
for the entire area of Lubbock County lying outside the city
limits of the City of Lubbock, including incorporated areas
within the County.
2. The City in providing this service shall pay all
necessary expenses of the personnel involved in this
service, including salaries, administration expense, fringe
benefits, transportation vehicles, and the maintenance and
operation of transportation vehicles.
3. The term of this Agreement shall be from
August 1, 1989 through September 30, 1992
It is understood and agreed however that the services
contracted by this Agreement may commence before the final
execution of this Agreement in order to protect the health
of the citizens of Lubbock County. The monthly payments to
c. 1
be made under this agreement shall in that event be
construed as commencing on the date that the City notifies
the County that such service is ready to commence.
4. The County hereby agrees and obligates itself to pay
to the City for this service monthly installments of
$8,358.31. This monthly fee shall be paid by the County to
the City on the 15th day of each month. If it becomes
necessary to commence operations before final execution of
this agreement by all parties, payments of $8,061.47 per
month shall be made to the City for such prior service,
notwithstanding that such payments shall cause the total
amount paid to exceed the total amount hereinabove
specified. It is further understood and agreed that in the
event additional mosquito applications are necessary, due to
heavier than normal rains or an encephalitis outbreak, the
County shall pay the direct cost for such additional
applications beyond six per year. Detailed costs of this
program are shown in the estimated cost exibit attached
hereto as Exhibit A, which exhibit is made a part hereto by
reference.
5. This Agreement may be amended or terminated by
either party upon 30 days written notice to the other party.
EXECUTED THIS 28th DAY OF August ,1989
COMMISSIONERS' COURT OF CITY OF LUBBOCK:
LUBBOCK COUNTY, TEX
RODRICK L. SHA , COUNTY JUDGE .C. McMINN, MAYOR - ,/
ATTEST: ST:
ANN DAVIDSON, COUNTY CLERK RANETT BOYD, CITY SE RETARY
APPROVE TO F - APPROVED AS TO FORM•
MART= BINGHAM, ASSIST ALD G. VANDI ER, FIRST
DISTRICT ATTORNEY ASSISTANT CITY ATTORNEY
EXHIBIT A
Service Agreement
Vector Control Services
I. Mosquito Control
The annual cost for providing larviciding, adulticiding
and surveillance for mosquito control with Lubbock
County is based on the following assumptions.
A. Average of six applications per year
B. Average rainfall
C. Average number of encephalitis cases in
animals.
D. Larviciding 350 lakes an average of six times
per year.
Annual cost breakdown as follows:
Personal Services $ 36,403.00
Supplies 28,860.00
Maintenance 4,500.00
Capital Outlay/Depreciation 5,079.00
Administrative & Indirect Cost 3,640.00
Total $ 78,482.00
II. Rodent Control
The annual cost for rodent control in Lubbock County
outside the city limits of Lubbock is as follows:
Personal Services $ 10,553.00
Supplies 4,500.00
Maintenance 1,800.00
Capital Outlay/Depreciation 960.00
Administrative & Indirect Costs 1,055.00
Total $ 18,868.00
III. Total Annual Mosquito and Rodent Control
Programs $ 97,350.00
IV. Total Mosquito and Rodent Control
Programs for Three Years with an
Annual 3% Increase $300,899.00
Monthly Rate of New Contract $ 8,358.31
Supplementary
Information
Proposed
7/89
Vector Control Services
Service Agreement
I. Mosquito Control
A.
Personnel Services - 32% of
$113,760 (salary and benefits
for five vector control workers)
$36,403
B.
Supplies - 70 gallons of
insecticide per spraying at
$18 a gallon = $1,260 x 6
sprayings = $7,560 plus 71 gallons
of chemicals at $50 a gallon
to larvicide 285 lakes = $3,550
x 6 applications per year =
$21,300
$28,860
C.
Maintenance & Fuel - cost of
fuel to operate a vehicle and
spray rig is $75 per vehicle
x 6 vehicles = $450 x 6 treat-
ments per year = $2,700 plus
maintenance repair on vehicles
and spray rigs = $ 300 per
vehicle x 6 vehicles = $1,800
$ 4,500
D.
Capital Outlay and Depreciation-
5 vehicles and spray rigs depre-
ciation at a rate or 20%
$ 5,079
E.
Administrative - Indirect Cost
3,640
Total Mosquito Control
$78,482
II. Rodent Control
A. Personnel Services - 35% of
employees time (35% x $30,151
for salary and benefits)
$
10,553
B. Supplies - Hydroxycoumarin
chemical bait at $2,683,
Talon pellets at $798,
Talon weather blocks at $469,
bait sacks at $100, traps at
$450.
$
4,500
C. Maintenance & Fuel - fuel for one
vehicle that travels 14,000 miles
per year at 17 miles per gallon
for $849 and maintenance at $951
$
1,800
D. Capital Outlay/Depreciation -
Depreciation of vehicle at 20%
$
960
E. Administrative - Indirect Cost
$ 1,055
Total Rodent Control
$
18,868
III. Total Annual Mosquito and Rodent
Control Programs
$
97,350
IV. Total Mosquito and Rodent Control
Programs for Three years with
an Annual 3% Increase
$300,899
Monthly Rate of New Contract
$
8,358.31