COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Franklin Johnston, P.E. OFFICE: Road & Bridge MEETING DATE: March 10, 2003 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC} Consider authorizing County Attorney to take legal action to remedy drainage problem EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT ESTIMATED LENGTH OF PRESENTATION: Franklin Johnston 20 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, government Code, is a follows: Meeting 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 Rule Adopted by Commissioners' Court. Franklin Johnston, P.E. County Engineer Kerr County Road & Bridge 4010 San Antonio Hwy Kerrville, Texas 78028 COMMISSIONERS COURT FRANKLIN JOHNSTON, COUNTY ENGINEER March 4, 2003 FAX: 830-896-8481 Leonard Odom, Jr. Road Administrator Truby Hardin, Coordinator Iva Gass, Secretary MEMO TO: FROM: DATE: RE: Telephone: 830-257-2993 Email: kcroads@ktc.com Consider authorizing the County Attorney to take legal action to remedy a drainage problem. Mr. Previte, 220 Northwest Hills Drive has built a driveway into the County Road right- of-way in such a manner as to block drainage and force water to run down the County maintained road. Consider authorizing County Attorney to take appropriate action to have landowners remove obstruction and build it back with drainage culvert per County standards. } 1 ;~ , ~, q:: ,. xa~. ~<:~: 4 ' ,.... '. w N 0 0 w in 0 0 N :~~~,~ ~ 1 ~ ~~~` ~. ~~ r .~ ~ ~ ~~ "0 TELEPHONE REQUESTS NAME: ~r~,c.L~ev,~ '~u,~u.~.Q. 2 5~ - 3 DATE: ADDRESS: -~Q~~.~ /~~i.~ln• PHONE: WORK PHONE: PRECINCT#: 1 2 3 4 *AREA: 1~ 3 4 5 SUBDIVISION /ROAD NAME LOCATION: NATURE OF CALL: 2rwc~ ~~ dce~z~¢ ~o,.e G.P~r,w . COMPLETION DATE: CREW LEADER: ACTION: CONIA~NTS: * 1 = KOENNECKE 2 =HOUGHTON 3 = BIER.~hANN 4 =MATTER 5 = WF~ELER ~o ~ f~- ~~st ~~~ its i~orthwest Hills Homeowner's Association 172 Northwest Hills Drive Kerrville, Texas 7802$ February 13, 2003 To: Mr. Michael Previte 220 Northwest Hills Drive Kerrville, TX 78028 From: Milton E. Nuttail Chairman, Architectural Control Committee (ACC) & Vice President NWH. Homeowner's Association This is to advise you a complaint from several of your neighbors has alerted members of the Architectural Control Committee and the NWH Board of Directors, that you are in violation of some of our rules and regulations as cited in the Declarations of Covenants, Conditions and Restrictions for Northwest Hills Subdivision. Our primary concern is the obstruction of water drainage from lot 207. Following periods of rain fall, approximately 4 or 5 inches of water is left standing on both lots 206 & 207. In addition to violating our regulations, this standing water is seen as a breeding area for -- mosquitoes and other insects. As noted in The Approval Checklist for the construction of your home -item ten states: 10. "Lot Drainage and Maintenance A. Building site lot (s} -during construction process and when completed, the grade of the lot (s} shall not have been changed (by Channeling, filling, grading or excavation) to a degree that would adversely alter the water drainage/runoff or seepage in a manner that could cause property damage to an adjacent or nearby lot (s} and/or public roadway. This requirement also applies to any landscaping that would extensively change the Iot (s) grading profile. B. Adjacent or nearby lot (s} -You cannot physically alter the grade or profile of any lot (s} (not owned by you) without that owner's consent, for the purpose of resolving a water drainage(runoffproblem on the building site. This category includes; but, is not limited to the movement of soil or rocks, tree removal or branch trimming, and the removal or destruction of plant life (i.e. cacti, bushes, wildflowers, etc.}" [n addition to the above, we note you have an uncompleted wood deck. Covered elsewhere in the Declarations of Covenants, Conditions and Restrictions for Northwest [-lips Subdivision and in the Construction Checklist, this violates two other conditions of our regulations. Stated briefly: Home construction must 6e complete within six (6) months of the start of construction. It also states that a home is not to be occupied prior to completion. We require you to resolve the above mentioned violations as soon as possible. Please note that any corrective measures you take to correct the drainage problem cannot violate the conditions stated "10 - B," above. We are prepared to agree with any variance of the mentioned requirements, only if agreed to by the Mallette family, owners of Iot 106. We compliment you for the construction of a very attractive home; but, note that you now have it listed for sale. Aside from the "construction" problems, we are disappointed you have chosen not to remain as our neighbors. Your cooperation with these matters will be appreciated. Please advise the Homeowner's Association by contacting me to provide your time line, and the manner of how you intend to resolve the violations as stated above. If you have any questions please contact me by phone at 257-3077. Milton E. Nuttall ACC Chairman & Vice President, N.W.H. Association . Bob Molder President, N.W.H. Association cc: Members ACC Sherman & Company Realtors r~ N~ar~ ~~ ~ ~ ~ ~- t a ~ ~ ~ 6C«~Q, l