ORDER IVf.]. t c_s3~1
Ap'F'ROVAL OF ADO='TIOPd OF AR-fICLE E7~+~-•1 FOR
S 1 f~HT D I S•T~=xi'dCE
On this thE~ i~th day of Octaber-• 1935, upon matian made by
C~ammissianer Lehman, secanded try Cnmmissianer^ L:ar_I~ey, the
Ca~_ir^t unanimously approved by a vote of 4-Q~-0, to adapt
ar^ticle 67t~L--1 for-• sight distance and have the Ca~_inty
Attar^ney's Ofi-ice da the par^pased ar^der^ far sight distancf~ and
have the CaF_tr-•t appr-•ave or^ r^e.}ected said ar-•der^ at ner,t meeting.
COMMISSIONERS' COURT AGENDH REQUEST
---* PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Franklin Johnston, P.E.
MEETING DATE: October 10. 1995
OFFICE: Road & Bridge Department
TIME PREFERRED:
SUBJECT:(PLEASE BE SPECIFIC): Consider regulations for sight distance at road intersections.
EXECUTIVE SESSION REQUESTED: YES
NO XX
PLEASE STATE REASON: Policy for trimming trees & shrubbery for sight distance on County
roads
~STIMATED LENGTH OF PRESENTATION: 10 minutes
PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston P.E.
Time for submitting this request for Court to assure that the matter is posted in accordance with Article 6252-17 is as follows.
Meetings held on first Monday: 5:00 P. M. previous Tuesday
Meetings held on Thursdays: 5:00 P. M. previous Thursday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED 4N: L(~~,
All Agenda Requests will be screened by the County Judges Office to determine if adequate information has been prepared for the
Court's formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your
west being addressed at the earliest opportunity. See Agenda Request Guidelines.
a9
II~~>r1~° (~®~nlrn~ Its®~.~ ~ 1~IZ°Il~l~~
4010 San Antonio Hwy.
.~, Kerrville, TX 78028
(210) 257-2993 FAX (210 896 8480
TO:	Ilse Bailey, Asst. County Attorney
FROM:	Franklin Johnston, P.E
DATE:	September 28, 1995
RE: County Regulation of Sight Distances
After our item # 2.15 on September 25th Commissioners' Court concerning policy for trimming trees and
shrubbery for sight distances at road intersections was tabled, I found the following information. It gives
a "step-by-step" list how the Commissioners' Court by court order may regulate the sign distance for an
intersection that involves a county road.
Perhaps you could review this and place it on the October 10, 1995 Commissioners Court Agenda.
cc: Commissioners' Court
.._. CHAPTER 255 -COUNTY REGULATION OP SIGIiT DISTANCES 85.000
SEC. 255.001 - DEPII\TITION. In this chapter, "sight distance" means the unimpaired 85.001
vie~v of a motorist at or near the intersection of a road with another road or with an alley,
driveway, or another way intended for vehicular trafFc.
SEC. 255.OH2 -COUNTY REGULATORY AUT'H(:)RITY. (a) Tl'e commissioners court 85.002
of a county by order may regulate tl~e sight distance for an intersection that involves a
county road and that is located outside the limits of a municipality. The commissioners
court may:
(1) define tl~e al~prol~riate sight distance;
(2) prohibit an obstnrction of the sight distance by any vegetation, loose earth, or
other item except a building or other structure affixed to the ground, if the
obstruction is a traffic hazard; and
(3) provide for the removal and disposition of an obstruction maintained in
violation of an order adopted under this section.
(b) The commissioners court may not adopt an order under this section that conflicts
with an ordinance of a municipality located in the county or with a pile adopted by a state
agency relating to billboards or other advertising. An order adopted in violation of this
subsection is void. .
SEC. 255.003 - NOTICC TO OIVNLR Or OBSTRUCTION. (a) If tl~e commissioners 85.003
court determines that an obstnrction of tfle sight distance exists in violation of an order
adopted under Sectio;r 255.002, th~~ court shall send a written notice of that determination
by registered mail, return receipt rec;uestcd, to the record owner of the property on which
the obstnlction is located.
(b) The notice must include:.
(1) a description ofthe obstn:ction and its location; and
(2) an order requiring the owner to take measures specified in the order to correct
or remove the obstruction.
SEC. 255.001 - I-IEARiNG ON REi\'fOVAL ORDER. (a) A person who is aggrieved by 85.004
an order issued tinder Section 255.003 may request a hearing on the order. The request
must be made not later t}~an tl~e lOtl~ day after tl~e elate the person receives notice of tl~e
obstruction.
(b) The commissioners court sl;all Bold the hearing not later than the 10th day after the
date tine request for a hearing is reccivcci.
(c) After the hearing, the con:mission~rs co~:rt shall make appropriate orders relating to
the obstnrction.
SEC. 255.005 - ASSLSSMLi`1"f. (a}~ If after notice and expiration of the time permitted 85.005
for a hearing, request under this chapter, a person does not comply with an order adopted
under this chapter, the COfilitllsSi011CrS curt ray remove, dispose of, or correct the
INFURI~IATION GUIDI; ON CUUNTY GUVLItNM1:NT - SEPTEi`ttiER, 1995
i
8.s.005 obstruction and assess the costs incurred by tl~e county in doing so against tl~e owner of
the property on ~vhicl~ t}ie obstruction is located.
(b) Interest accrues at an annual rate of 10 percent on any unpaid part of the costs.
(c} If a person assessed costs under this section does not pay -the costs within 60 days
after the date of assessment, a lien in favor of the county attaches to the property from
with the obstruction was removed or corrected to secure the payment of the costs and
interest.
85.006 SEC. 255.006 -COMPENSATION POR LOSS OF VALUE. T}ie commissioners court
shall pay the owner of tl~e proper-ey from wl~icl~ an obstnrction is removed by the court or
required by the court to be removed under this chapter an amount sufficient to cover the
loss of value, if any, of t1~e obstruction incurred by the owner because of removal.
85.007 SEC. 255.007 - OFFENSC rOR VIOLATION OF ORDER. (a} A person commits an
offense-if the person violates an order adopted under this chapter.
(b) An offense under this section is a Class C misdemeanor.
INFORPtATION GUIDE ON COUNTl' GOVERNMENT - SEPTEMBER, 1995
s
t
/~. SIGtl~ RESTRI:CTIONyTRIANGLE
Th[a area is to pe free
of visual obstruction.
~~...L
v~
4.~•~~, •~' . .
INTERSECTION WITH NO_
SIGN OR A YIELD SIGN
PLAN VS EW
u.T y.

N
d
H
w
w
a
H
.O
STREET
/eo
INTERSECTION WITH A STOP SIGN
on corner lots, it is recommended that na wall, fence, or
other structure, or any hedge, tree, shrub, or other growth
shall be erected or maintained in any location so as to cause
an obstruction of the view of traffic. Tzaffic signal
controlled intersections normally do not have a sight
restriction setback area:
If you•have a sight restriction on
your property, please help prevent an
accident by cutting it back.
*~
ELEVAT = ON
N•~ 5-
?op of curb
KERIZ COUNTY ROAD 8~ BRIDGE DEPARTMENT
4010 San Antonio Highway, Kerrville, Texas 78028
a •