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55 Regular Meeting January 14, 1985 Page 12 McDonald, Jerry Klossner, filed the plat without the approval of the Director of Planning. Our Ordinance requires the plat be filed by the Director of Planning, and the Order was in variance with the pleadings of the case. Frank Robbins would not have filed it without the security having been approved. The Judge was not aware of this because we were not a party to the lawsuit, as we are now. In regard to Item 4 of the appeal, Mr. Robbins stated the Planning Commission thought the water supply company was approved, based on the signatures that were shown on the plat. Mr. Hankins pointed out at the January 11, 1985 court hearing evidence was offered Crystal Clear Water Company would provide water service. The plat approved by the Planning Commission was based on McCarty Water Supply, Inc. supplying the water, which means if Crystal Clear Water Company was going to provide water, the plat would need to be revised and presented to the Planning Commission, and Mr. Hankins also pointed out Crystal Clear Water Company had not applie.d.for a certificate of public convenience and necessity to serve the Woods McCarty Lane area nor had it been approved. Regarding Item 5 of the appeal Terry Ewald stated percolation tests were not run in the preliminary stages of subdivisions prior to June when the County adopted the requirements of the Edwards Board Order. With the amendments made to the Subdivision Ordinance and the County's adoption last June, percolation tests will be run in all subdivisions on and off the Edwards. Mr. Hankins read into the record the requirements of the Texas Water Development Board - Edwards Aquifer Rules, that existed at the time of the subdivision's approval, from §156.20.009, entitled "Additional Requirements of a Subdivision Using Private Sewage Facilities", Part B., the Licensing Authority (the County in this case) will perform necessary tests and inspections to determine whether a subdivision can be served with pri- vate sewage facilities by agreement between the Licensing Authurity and the developer. Allor part of the tests may be performed by an engineering firm or soils testing laboratory approved by the Licensing Authority. The Licensing Authority will notify the developer of the findings of its examination and will notify the developer of any areas not suitable for the use of private sewage facilities. Approval of a subdivision plan for sewage disposal does not constitute a license for a specific private sewage facility. An approval plan is however a prerequi- site for obtaining a private sewage facility license in a subdivision. The approval plan is approved by the Executive Director of the Texas Depart. ment of Water Resources. Mr. McDonald secured this approval but did so without getting information from the County as required by this Section. Mr. Hankins expressed concern for this occurring and will try to clear up this matter with the Texas Department of Water Resources. The Planning Commission had relied on the County to tell them if there were any pro- blems with the subdivision. Mr. Hankins stated Jack Cox, an attorney with the Texas Department of Water Resources notified him they had never officially been petitioned for a change of the line based on this new geological information, but Mrs. Emery, our representative on the Edwards Underground Water District, lS concerned and will speak to them regarding this matter. Regarding the maps presented in this meeting to the Council, Mr. Jenkins stated the geology presented in the maps was not new, but until now, they were not in a nice, neat package as they are now. In regard to Item 6 of the appeal Mr. Robbins stated the Planning Commis- sion had relied on the Texas Department of Water Resources' informa- tion they knew the location of the Recharge Zone, so the Commission answered in the affirmative. In response to the second sentence of Item 6, Mr. Robbins stated the Planning Commission had recommended ap- proval because they thought the County and State were taking care of the issues the City has addressed in the Subdivision Ordinance this evening, and in fact they were not taking care of the Recharge Zone. Mr. Robbins