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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 .~. 1 VU, Rlf1H[iit~Lt- ~ eotll~clL ._ DS~f 3 ~ Q .......~...~... .a .......,.,~..,.,. ~J~- ATTEST: roved as to ~s i ant City Attorney City Secretary Date "~ ~~ City Attorney NUECES COUNTY, TEXAS: ~~~~ ~ County Judge ~\SSIONEgSC~ ~ ~G O ~ U ~ ATTEST: ~'`-~~ CO~'- ~~ County Clerk DATE