COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THLS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Pat Tinley OFFICE: Coun Jud
MEETING DATE: March 24, 2003 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss approving Resolution Adopting Waiver Request of local
match fund participation for federal oil system bridge program project (Hermann
Sons Road.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
County Judge/Keith Spenrath
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 as follows:
Meeting scheduled for Mondays:
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 contn~bute towards you request being addressed at the earliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
5:00 P.M. previous Tuesday.
Texas Department of Transportation
P.O. BOX 29928 • SAN ANTONIO, TEXAS 78229-0928 • (210) 615-1110
P. O. Box 290429
Kerrville, Texas 78624
March 12, 2003
County: Kerr
Project: BR 2002(87)OX
CSJ: 0915-15-080
Road/Street: Hermann Sons Road
Feature Crossing: Guadalupe River
Honorable Pat Tinley
Kerr County Judge
Kerr County Courthouse
700 Main
Kerrville, Texas 78028
SUBJECT: Local Fund Participation-Waived Federal Off-System Bridge
Program Projects and Equivalent-Match Projects
Dear Judge Tinley:
Texas Administrative Code, Title 43, Section 15.55(d) (43 TAC Section 15.55(d)) is now in
effect providing that the usual 10 percent local match fund participation requirement may be
waived on an authorized federal off-system bridge program project, providing the Local
Government agrees to perform structural improvement work in adollar-amount equivalent to the
local participation, on other deficient bridge(s) or cross-drainage structure(s) within its
jurisdiction. The project on which the local fund participation requirement is to be waived is
referred to as the "participation-waived project", while the project or projects on which the Local
Government agrees to perform structural improvement work in return for the participation
waiver, is referred to as the "equivalent-match project(s)."
With written request by the Local Government, consideration may be given to such waiver on
any federal off-system bridge project within the Local Government's jurisdiction that is currently
authorized for construction, but the contract for construction has not yet been awarded.
However, the department is unable to reimburse escrow funds that have already been paid by the
Local Government.
The waiver request must include the location(s), description of structural improvement work
proposed, and estimated cost for the proposed equivalent-match project(s), together with a copy
of the Local Governing body's resolution.
An Equal Opportunity Employer
Such requests will be reviewed and considered according to the requirements of 43 TAC Section
15.55(d), and the Local Government will be notified accordingly. If waiver approval is granted,
such approval must then be manifested through written agreement executed between the State
and the Local Government.
For your use, attached are examples of a form letter requesting the waiver and a resolution form
adopting the waiver request. Please contact this office if further information is needed in
preparing or considering the preparation of a waiver request.
Sincerely,
ri Iwkv-Y l:~Jo~ ~ ~ ~
-~o ~
Bill M. Tucker, P.E.
Area Engineer
Attachments: Example Form Letter Requesting Waiver
Example Local Governing Body Resolution Form Adopting Waiver Request
ATTACHMENT 2 -Example Form Letter Requesting Waiver, from Local Government to
District Engineer
March 12, 2003
County: Kerr
Project: BR 2002(87)OX
CSJ: 0915-15-080
RoadlStreet: Hermann Sons Road
Featured Crossing: Guadalupe River
NBI Str. No.: 15-133-AA0285-001
Local Desig. No.: 15-133-AA0285-001
Texas Department of Transportation
Kerrville Area Office
Bill M. Tucker, P.E.
Area Engineer
P. O. Box 294029
Kerrville, Texas 78029-4029
SUBJECT: Request for Waiver of Local Match Fund
Participation Requirement on Federal
Dear Mr. Tucker:
Under the provisions of Texas Administrative Code, Title 43, Section 15.55(d), this Local Government
requests waiver of the local match fund participation requirement on the above referenced federal off-system
bridge program project referred to as the "participation-waived" project. In return for waiver of this
participation, it is proposed that our governing body perform, or cause to be performed, an equivalent dollar
amount of structural improvement work on other deficient bridge(s) or deficient mainlane cross-drainage
structure(s), referred to as "equivalent-match project(s)", within the jurisdiction of our governing body.
A copy of the appropriate required resolution adopted by our governing body is attached.
Sincerely,
Attachment: Resolution

For TxDOT Use Only
Waiver Approved
Waiver Disapproved
The State Of Texas
By:
Mary Lou Ralls, P.E.
Director Bridge Division
Date:
ATTACHMENT 3 -Example Local Governing Body Resolution Form Adopting Waiver
Request
RESOLUTION
The State of Texas
County of Kerr
WHEREAS, the federal off-system bridge program is administered by the Texas Department of
Transportation (the State) to replace or rehabilitate structurally deficient and functionally
obsolete (collectively referred to as deficient) bridges located on public roads and streets off the
designated state highway system; and
WHEREAS, Kerr County (County or City), hereinafter referred to as the Local Government
owns a bridge located at Hermann Sons Road Crossing of the Guadalupe River, on
Road/Street ,National Bridge Inventory (NBI) Structure Number 15-133-AA0285-001. Local
Designation Number 15-133-AA0285-001; and
WHEREAS, a project to remedy the bridge is included in the currently approved program of
projects as authorized by Texas Transportation Commission Minute Order Number 108653 dated
09-27-O1, Control-Section-Job (CSJ) Number 0915-15-080; and
WHEREAS, the usual fund participation ratio for projects on such program is 80 percent federal,
10 percent state and 10 percent Local Government; and
WHEREAS, Texas Administrative Code, Title 43, Section 15.55(d) (43 TAC Section 15.55(d))
provides that under specified conditions the 10 percent Local Government match fund
participation requirement may be waived with agreement by the Local Government to perform,
or cause to be performed, an equivalent dollar amount of structural improvement work on other
deficient bridges or deficient mainlane cross-drainage structures within its jurisdiction, such a
project of structural improvement work being referred to as an "equivalent-match project"; and
WHEREAS, the estimated local match fund participation requirement on the approved federal
off-system bridge project is $110,485.00 (dollars), hereinafter referred to as the "participation-
waived" project, such participation requirement the Local Government proposes be waived and
in return perform or cause to be performed equivalent-match project structural improvement
work.
Page 1 of 2
ATTACHMENT 3 -Example Local Governing Body Resolution Form Adopting Waiver
Request, continued
THEREFORE, BE IT RESOLVED that the Local Government perform, or cause to be
performed, the following equivalent-match project(s) in return for waiver of the local match fund
participation requirement on the approved federal off-system bridge program (participation-
waived) project not yet awarded:
LOCATION (and NBI ON SCHOOL
structure identification BUS ROUTE?
Number, if applicable)
DESCRIPTION OF ESTIMATED
STRUCTURAL COST
1MPROVEMENT WORK
BE IT FURTHER RESOLVED that in receiving this waiver the Local Government
acknowledges its obligation to conform with all conditions of 43 TAC Section 15.55(d); such
conditions that include but are not restricted to the following:
1. The Local Government must be currently in compliance with load posting and closure
regulations as defined in National Bridge Inspection Standards under US Code of Federal
Regulations, Title 23, Section 650.303.
2. The equivalent-match project work increases the load capacity of the existing bridge or other
mainlane cross-drainage structure, or upgrades the structure to its original load capacity with
a minimum upgrade to safely carry school bus loading if located on a school bus route.
3. In performing, or causing to be performed, the equivalent-match project(s), the Local
Government assumes all responsibilities for engineering and construction, and complying
with all applicable state and federal environmental regulations and permitting requirements
for the structures being improved.
4. The work on the proposed equivalent-match project(s) has not begun and will not begin until
the local match fund participation waiver approval process has been completed.
5. The Local Government will be allowed three years after the contract award of the
participation-waived project to complete the structural improvement work on the equivalent-
match project(s).
6. Should this waiver request be approved, an appropriate written agreement or amendment to a
previously executed agreement will be executed between the State and Local Government.
The Local Government
By:
Signature
Pat Tinley
Print Name of Signature
Title: Kerr Count,~ge
Date:
Page 2 of 2
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COUNTY JUDGE
PAT TINLEY
COMMISSIONERS COURT
H.A. "BUSTER„ BALDWIN~ PCT. ]
WILLUM "BILL WILLIAMS. PCT. Z
JONATHAN LETZ. PCT. J
DAVE NICHOISON~ PCT. ~
THE COUNTY COURT
of
KERB COUNTY, TEXAS
700 Maw Kekavu.l.[:, TLxns 78028
Tet.:(830)792-2211
Fax: (830)792-2218
E-nnai~: kerrcocc ~uktccom
March 20, 2003
Texas Department of Transportation
Kerrville Area Office
Bill M. Tucker, P.E., Area Engineer
P.O. Box 294029
Kerrville, Texas 78029-4029
Re: Request for Waiver of Local Match Fund
Participation Requirement on Federal
Project: BR 2002(87)OX
CSJ: 9015-15-080
Hermann Sons Road
Dear Mr. Tucker:
Under the provisions of Texas Administrative Code, Title 43, Section 15.55(d),
this Local Government requests waiver of the local match fund participation requirement
on the above referenced federal off-system bridge program project referred to as the
"Participation-waived" project. In return for waiver of this participation, it is proposed
that our governing body perform, or cause to be performed, an equivalent dollar amount
of structural improvement work on other deficient bridge(s) or deficient mainlane cross-
drainage structure(s), referred to as "equivalent-match project(s)", within the jurisdiction
of our governing body.
A copy of the appropriate required resolution adopted by our governing body is attached.
Sincerely,
Pat Tinley
County Judge
CLERK
JANNETT PIEPER
COURT COORDINATOR
THEA SOVIL
Enc.
RESOLUTION
State of Texas
County of Kerr
WHEREAS, the federal off-system bridge program is administered by the Texas Department of
Transportation (the State) to replace or rehabilitate structurally deficient and functionally
obsolete (collectively referred to as deficient) bridges located on public roads and streets
off the designated state highway system; and
WHEREAS, Kerr County ,hereinafter referred to as the Local Government owns a bridge located at
Hermann Sons Road Crossing of the Guadalupe River, on Road/Street, National
Bridge Inventory (NBI) Structure Number 15-133-AA0285-001, Local Designation
Number 15-133AA0285-001; and
WHEREAS, a project to remedy the bridge is included in the currently approved program of projects as
authorized by Texas Transportation Commission Minute Order Number 108653 dated 09-
27-01, Control-Section-Job (CSJ) Number 0915-15-080; and
WHEREAS, the usual fund participation ratio for projects on such program is 80 percent federal, 10
percent state and 10 percent Local Government; and
WHEREAS, Texas Administrative Code, Title 43, Section 15.55(d) (43 TAC Section 15.SS(d) provides
that under specified conditions the 10 percent Local Government match fund participation
requirement may be waived with agreement by the Local Government to perform, or cause
to performed, an equivalent dollar amount of structural improvement work on other
deficient bridges or deficient mainlane cross-drainage structures within its jurisdiction,
such a project of structural improvement work being referred to as an "equivalent-match
project"; and
WHEREAS, the estimated local match fund participation requirement on the approved federal off-
system bridge project is $110,485.00 (dollars), hereinafter referred to as the "participation-
waived" project, such participation requirement the Local Government proposes be waived
and in return perform or cause to be performed equivalent-match project structural
improvement work.
THEREFORE, BE IT RESOLVED that the Local Government perform, or cause to be performed, the following
equivalent-match project(s) in return for waiver of the local match fund participation
requirement on the approved federal off-system bridge program (participation-waived)
project not yet awarded:
Location Designation (No.: 15-133-AA028S-001)
NBI Str. (No. 15-133-AA0285-001)
BE IT FURTHER RESOLVED that in receiving this waiver the Local Government acknowledges its obligation to
conform with all conditions of 43 TAC Section 15.55(d); such conditions that include but
are not restricted to the following:
L The Local Government must be currently in compliance with load posting
and closure regulations as defined in National bridge Inspection Standards
under US Code of Federal Regulations, Title 23, Section 650.303.
2. The equivalent-match project work increases the load capacity of the
existing bridge or other mainliane cross-drainage structure, or upgrades the
structure to its original load capacity with a minimum upgrade to safely
carry school bus loading if located on a school bus route.
3. In performing, yr causing to be performed, the equivalent-match project(s),
the Local Government assumes all responsibilities for engineering and
construction, and complying with all applicable state and federal
environmental regulations and permitting requirements for the structures
being improved.
4. The work on the proposed equivalent-match project(s) has not begun and
will not begin until the local match fund participation waiver approval
process has been completed.
5. The Local Government will be allowed three years after the contract award
of the participation-waived project to complete the structural improvement
work on the equivalent-match project(s).
6. Should this waiver request be approved, an appropriate written agreement
or amendment to a previously executed agreement will be executed
between the State and Local Government.
The Local Government
sy:
Signature
Pat Tinley
Kerr County Judge
Date: