HomeMy WebLinkAboutC2008-157 - 5/13/2008 - Approved~.
INTERLOCAL COOPERATION AGREEMENT
THE STATE OF TExAS §
COUNTY OF NUECES
This agreement made and entered into on the date(s) attested to below,
by and between the City of Corpus Christi, a Home Rule Municipal Corporation of the
State of Texas (herein called "City") and the County of Nueces, a political subdivision of
the State of Texas {herein called "County") each acting herein by an through its duly
authorized officials;
WITNESSETH:
WHEREAS, Section 121.003(b), Texas Health & Safety Code, authorizes lnterlocal
Cooperation Agreement in accordance with Texas Government Code Chapter 791 (and
its predecessor, Article 4413 (32c) V.T.C.S.) between Cities and Counties to provide
health related services; and
WHEREAS, in 1984, the City and County entered into a Cooperative Agreement to
Operate a Public Health District covering the areas within the corporate limits of the City
and the County; and
WHEREAS, County is an Authorized Agent of the Texas Commission on Environmental
Quality for On-Site Sewage Facility {herein called "OSSF") purposes, as defined and
designated by Texas Health & Safety Code §§366.002 and 366.031; and
WHEREAS, as an Authorized Agent, County has the general authority over the location,
design, construction, installation, and proper functioning of OSSFs and is charged with
administering Texas Health & Safety Code Chapter 366 and any rules adopted under that
chapter; and
WHEREAS, County has previously designated the Director of the City of Corpus Christi-
Nueces County, Texas Public Health District (herein called "Health District") as its
Designated Representative{s) for OSSF purposes; and
. WHEREAS, County is in the process of approving new OSSF rules designating the City
and County employees ("staff") assigned to the City of Corpus Christi-Nueces County,
Texas Public Health District as its Designated Representative{s) for OSSF purposes; and
2008-157
Res. 027700
05/13/08
Nueces County, TX
WHEREAS the City desires to enter into an agreement to allow the County, through its
Designated Representative, to provide the OSSF related services and to charge recipients
for said services by establishing a permitting and fee system in accordance with state law
and regulations;
NOW THEREFORE, said parties covenant upon the terms and conditions as follows:
1. City agrees to authorize County to act as its authorized representative in all OSSF
services and related activities;
2. County agrees to act as City's authorized representative in all OSSF services and
related activities;
3. County agrees to charge recipients of the permits and services in an amount
authorized by the Commissioner Court of the County and to be responsible for the
collection of said charges and issuance of OSSF permits;
4. City and County agree that OSSF permit and inspection fees will be set by
County, as required by 30 Texas Administrative Code §285.11, and will be
payable to "Nueces County, Texas";
5. Currently the fees are:
On-Site Wastewater Treatment Research $ 10.00
Council (State Fee)
Permit to Construct & License to Operate $150.00
(Residential}
Permit to Construct & License to Operate $250.00
(Commercial}
The fee amounts are subject to change as agreed herein, except that the State fee,
provided for in Texas Health and Safety Code Ch. 367, is set by TCEQ [30 T.A.C.
6. City and County agree that any fee assessed by the state for each OSSF permit
will be in addition to any fee set by County, and that the Health District Director
will be responsible for remitting the state fee to the state in accordance with
TCEQ instructions;
7. City and County agree that OSSF permit and inspection fees will be for the
benefit of the Health District and its functions and services, as those functions and
services are defined and provided in the 1984 Cooperative Agreement to Operate
a Public Health District and any amendments, revisions or supplements thereto;
S. County agrees to give City ninety (90) days advance notice of any change in fees;
9. The parties agree that to the extent either party pays for the performance of
governmental functions or services, those payments will be made from current
revenues then available to the paying party;
i0. This agreement shall renew annually. This agreement may be terminated by
either party hereto by the giving of thirty (30) days written notice of cancellation;
and
11. This Interlocal Cooperation Agreement will become effective May 14, 2008.
EXECUTED in duplicate originals by the parties hereto on the dates shown below.
CITY OF CORPUS CHRISTI:
City Manager
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ATTEST:
roved as to
~s i ant City Attorney
City Secretary Date "~ ~~ City Attorney
NUECES COUNTY, TEXAS:
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County Judge ~\SSIONEgSC~
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ATTEST:
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County Clerk DATE