DRDER NU. GJ L'~J ('S
ENFORCEMENT OF UNDF_RGROUND UTILITIES
CROSSING COUNTY RORD (ARTICLE 5.05R)
(KERR COUNTY SU2DIVISION RULES AND REGULATIONS
RS PROVIDED BY RRTICLE 3. W3 OF SAME REGULATIONS)
C'n this the it3th day of May 1995, upon motion made by
Commissioner Griffin, seconded by Commissioner Williams,
~'._ ~~_.'= unanimously approved by a vote of 4-0-0, authorizing
_ _ -__-._, .-~ -.~~ !Fr'aiiiiliii 3ohnston, t6 r`efer the
enforcement request to the Coi_inty Civil Attorney.
COMMISSIONERS' COURT AGENDA REQUEST
"PLEASE FURNISH ONE ORIGINAL AND NINE (9) COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Franklin Johnson, P.E.
MEETING DATE: Mav 10, 1999
OFFICE: Kerr County Road & Bridge
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC): Consider Enforcement of Underground Utilities Crossing
County Road, Article 5.05.A. of the Kerr County Subdivision Rules & Regulations as provided
by Article 3.03 of the same regulations.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON):
NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston
ESTIMATED LENGTH OF PRESENTATION: 10 minutes
PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapters
551 & 552 of the Government Code is as follows:
Meetings scheduled for Mondays:
5:00 P.M. previous Tuesday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
All Agenda Requests will be screened by the County Judge's 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 request being addressed at the earliest
opportunity. See Agenda Request Rules Adopted by Commissioners' Couri.
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d`_/N8/1993 N9: 11 7.08452434 VISTA H0~'~E°~ PAGE 02
Apri129, 1999
Ketr County Road and Bridge
4010 San Antonio Hwy.
Kerrville, TX 78028
(830}257.2993
Dear Iva,
The home owner, Robert Fearon, did not know or agree to fix the illegal utility crossing
on Mustang Trail He also checked with his family and they had ncvcr heard of the so-
called arrangement either.
Sincerely,
amanthe Perman
Secretary

998 SIDNEY BAKfR SOU1N KfRRVillf, 1X 18028 (830) 896-1000 PHONE (830) 896-1434 FAX
05/08/1993 04:11 2108952434 VISTA HONES PAGE 01
Carroll Smith Homes
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99! SIDNEY BAKER SOUTH
KERRVILLE, T% 7N2i
TEL: (>u0) 196.5000
RAX: (LW) 1964474
EMAIL: vY4hona~rjblkoretcom
~®iCerr County Road & Bridge
4010 San Antonio Hwy.
Kemille, TX 78028
(8301257-2993 FAX (8301 896-8481
February 3, 1999
Gilbert Davila
117 Ranger
Kerrville, TX 78028
CC# Z 020 039 477
Dear Mr. Davila,
The utility trench across Mustang Trail in Wood Trails Subdivision, made in November 1998,
has not been repaired in accordance with Kerr county Subdivision Rules and Regulations. If
these repairs are not complete in the next two weeks, this matter will be referred to the
County Attorney per pazagraph 3.03 of the Kerr County Subdivision Rules and Regulations.
Sincerely,
ranklin Jo stop, P
Kerr Cou Engin er
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Section III
APPLICABILITY AND ENFORCEMENT
3.01 No plat shall be filed for record in Kerr County unless the standards contained or
referred to herein have been complied with in full. No lot in any Subdivision shall be sold until
the Final Plat is approved and recorded, and all the standards, specifications or requirements
contained or referred to herein have been complied with in full.
3.02 The County Engineer as the authorized agent for Kerr County is hereby authorized
and directed to enforce rules, regulations, standards and specifications for the construction,
installation, design, location and arrangement of all components of a subdivision including but not
limited to roads, easements, sidewalks, monuments, criteria for drainage easements requirements,
drainage facilities, and crosswalks. The engineer shall recommend to the Court any changes to be
made. All such improvements shall be constructed, installed, designed, located, and arranged by
the subdivider in accordance with such rules, regulations, standards, and specifications.
3.03 On behalf of Kerr County, the County Attorney shall, when directed by the Court,
institute appropriate action in a court of competent jurisdiction to enforce the provisions of these
Rules and Regulations or the Standards referred to herein with respect to any violation thereof
which occurs within the County.
3.04 If a subdivision exists for which a final plat has not been approved and recorded
or in which the standards contained or referred to herein have not been complied with in full, the
Court shall pass a resolution reciting the fact of such noncompliance or failure to secure final plat
approval, the County Clerk shall, when directed by the Court, cause a certified copy of such
resolution under the corporate seal of the County to be filed in the Deed Records of Kerr County.
If full compliance and final plat approval are secured aRer the filing of such resolution, the County
Clerk shall forthwith file an instrument in the Deed Records of such county stating that the
resolution ofnon-compliance no longer applies.
3.05 Provided, however, that the provisions of this section shalt not apply to any
recorded subdivision, or lot therein, which was approved and recorded or had preliminary plat
approval within one year prior to the acceptance of these regulations, but applies to other
preliminary plat approval. All subdivisions approved prior to acceptance date hereof shall be
subject to rules and regulations effective at the time of preliminary plat approval.
3.06 The Developer shall be responsible for all costs of the improvements required by
these Subdivision Rules and Regulations, and all other costs related thereto, including costs
related to inspection of construction within the subdivision as set forth herein.
3.07 Penalties or enforcement for non compliance are set forth in Section 28 of the
Texas Penal Code.
Kert County Subdivision Rules & Regulations
May 11, 1998
Page 11
5.03 Water Installations
5.03.A General: Water for lots in subdivision may be supplied by the developer or
by the purchaser of the lot at the option of the developer. If the developer chooses to install a
distribution and supply system that has a potential of I S or more residential units, plans and
specifications for water systems must have been approved by the Texas Natural Resources
Conservation Corrunission (TNRCC) and a copy of the plans, specifications and approval letter
from TNRCC shall be furnished to Kerr County prior to final plat approval by Kerr County.
If the developer chooses to install a distribution and supply system that has a potential of less
than 15 residential units two (2) copies of the plans and specifications shall be submitted prior to
final plat approval by Kerr County. One copy will be forwarded to HUWCD by the County
Engineer.
5.03.B Water System: When a separate central (public) water system is planned, a
written statement from the Texas Natural Resources Conservation Commission (TNRCC)
indicating that the system design is approved and that it will provide adequate water supply to the
subdivision.
5.03.C If the Final Plat is submitted for approval before the water system
construction is complete, a Performance Bond or Letter of Credit will be filed with Kerr County
to guarantee completion.
5.04 Waste Disposal System:
5.04.A General: Each lot in a subdivision must have some legal means of waste
(sewage) treatment and approval by the authorized agent for Kerr County OSSF.
5.05 Utility Lines:
S.OS.A All utility lines that pass under a road or alley shall be installed before the
road or alley is paved. When it is necessary that utility lines pass under an existing road or alley
pavement, they shall be bored to a point at least four (4) feet beyond the edge of the pavement.
(See Appendix H)
S.OS.B Utility fixtures extending above ground (poles, fire hydrants, etc.) will be
within four (4) feet of the right of way line unless engineer approved.
S.OS.C Underground utility Gnes are to be placed a minimum of three (3) feet
below surface (and meet all safety codes) within a range of 0 to 4 feet of the right of way line.
(See Appendix H)
Kerr County Subdivision Rules & Regulations
May 11, 1998
Page 15