COMMISSIONERS' COURT AGENDA REOUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS
REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Dave Nicholson OFFICE: Commissioner, Pct. 4
MEETING DATE: September 12, 2005 TIME PREFERRED: r1 ~ Ov
SUBJECT: Consider, discuss and take action on the County to accept maintenance of
Scenic Ridge Road upon completion of construction that meets County standazds.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Commissioner, Pct. 4/James
Johnson
ESTIMATED LENGTH OF PRESENTATION:
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 as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

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 you request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
Scenic Ridge Road -County Maintenance Application -Back-up Material
I. The Application:
That the County agree to "accept for maintenance" Scenic Ridge Road, an existing County road
right-of--way, upon pavement, under County Road standards (with a 16-foot roadway surface); with
both materials and construction costs to be borne by the Applicants.
lI. The Applicants are all of the lot owners which abut Scenic Ridge Road. The lot owners are:
Hugh & Donna Palmer
109 Scenic Ridge Rd.
Ingram, Texas 78025
Ray Furr and Susie Fun
103 Scenic Ridge Rd.
Ingram, Texas 78025
James & Laverne H. Richter
102 Scenic Ridge Rd.
Ingram, Texas 78025
James Alford &
Marsha Mefferd
P. O. Box 38
104 Scenic Ridge Rd.
Ingram, Texas 7802
Lot 2A, Block 3, Jim Looker's Hills 'n Dales Development
Subdivision.
Lot 2B, Block 3, Jim Looker's Hills 'n Dales Development
Subdivision.
Lot 3, Block 3, Jim Looker's Hills 'n Dales Development
Subdivision.
Lot 3B, Block 3, Jim Looker's Hills 'n Dales Development
Subdivision.
George and Carol Greene The East one half of Lot 6 (referred to on an unrecorded
114 Scenic Ridge Rd. subdivision plat of Lot 5 as "Lots 1 and 2"), Block 2, Jim
Ingram, Texas 78025 Looker's Hills 'n Dales Development Subdivision.
James & Carol Hall The West one half of Lot 6 (referred to on an unrecorded
113 Scenic Ridge Rd. subdivision plat of Lot 5 as "Lots 3 and 4"), Block 2, Jim
Ingram, Texas 78025 Looker's Hills 'n Dales Development Subdivision.
Exhibit "A" is a Petition to the Commissioners' Court signed by all of the Applicants.
1
III. Location of Scenic Rid eg Road
Scenic Ridge Road (originally platted as simply "Ridge Road") is off Hwy. 39, west of Ingram, in
a subdivision called "Jim Looker's Hills 'n Dales Development." The road runs in a north-south
direction, extending to the South from "Hi Top Drive." Exhibit "B" provides two area maps.
N. History of Scenic Rid eg Road
Beginning about 1970, Jim Looker developed "Jim Looker's Hills 'n Dales Development,"
originally using an unrecorded subdivision plat.
Sometime between 1970 and 1973, the roadway now known as Scenic Ridge Road was
initially paved by the developer.
In 1979, by Order No. 13,850 of the Commissioners' Court of Kerr County, the County
approved the subdivision plat for "Jim Looker's Hills 'n Dales Development," which
subdivision plat is recorded in Volume 4, Page 190 of the Plat Records of Kerr County,
Texas ("the Subdivision"). Exhibit "C" is a copy of Order No. 13,850 by the
Commissioners' Court. Order No. 13,850 states, in pertinent part, that the County "will not
assume responsibility of roads that have not previously been paved, until they have been
paved by developer, according to the specifications of the Commissioner of Kerr County
Precinct No. 4." Exhibit "D" provides relevant portions of the approved Subdivision Plat.
On the face of the plat, developer J. K. Looker dedicated to the public all of the roads
depicted on the subdivision plat, which roads include "Hi Top Drive" (a 30-foot-wide
roadway easement) and "Ridge Road" (later renamed by the County as "Scenic Ridge
Road"). Scenic Ridge Road, as dedicated and accepted, is 30 feet wide and approximately
525 feet in total length.
• At the time of the 1979 subdivision plat approval, and continuing thereafter, Scenic Ridge
Road was open and in regular use by members of the public.
• At the time of the 1979 subdivision plat approval, Scenic Ridge Road was paved and the
roadway was re-paved by the abutting property owners at least once in the 1980's.
• At sometime after the approval of the 1979 subdivision plat, Scenic Ridge Road was also
repaved by the developer.
• In 1987, Kerr County changed its county road maintenance system from a Commissioners
Road System to a Unit Road System. In connection with that change, the County developed
a list of roads to be maintained by the County. Within Jim Looker's Subdivision, only
Looker Drive (the main arterial through the Subdivision) was on the County's road
maintenance list.
Applicants are the owners of the lots which front on and have their only access from Scenic
2
Ridge Road.
V. The Current Status of Scenic Rid eg Road
A. Scenic Ridge Road is alreadv a dedicated, public County Road.
As you know, approval by the county of a plat which undertakes to dedicate streets and roads
does not make them public roads, since the dedication is a mere offer to dedicate, and the filing does
not constitute an acceptance of the dedication. Young v. Jewish Welfare Federation of Dallas, 371
S. W.2d 767, 770 (Tex. Civ. App.- Dallas, 1963, error ref'd n.r.e.). The mere filing of a subdivision
plat does not amount to an acceptance by the governmental agency involved. In State v. Clark, 161
Tex. 10, 336 S.W.2d 612, 614 (1960).
However, acceptance of the dedication offer may occur either by an official action of the
county or by public use of the roadway. It is of no significance whether the county ever designated
the road as a public road or officially accepted it as a public road. Gutierrez v. Cou~sty of Zapata,
951 S.W.2d 831, 841 (Tex. App.- San Antonio 1997, no writ). Rather, acceptance can be implied
from the public's conduct. Viscardi v. Pajestka, 576 S.W.2d 16, 19 (Tex. 1978). The Texas
Supreme Court has set out the basic principles for determining when a road becomes a public road:
All roads which have been laid out and established by authority of the commissioners'
courts are public roads .... A road not originally established under the statute may become
public by long-continued use and adoption as such by the county commissioners with the
assent of the owner or by prescription. A road may also become public, in the sense that
the public have the right to use it, by dedication.
Worthington v. Wade, 17 S. W. 520, 521 (Tex. 1891). Scenic Ridge Road has been open, paved, and
used by the public for over 30 years. There is no question that the existing Scenic Ridge Road is an
existing County roadway.
B. Acceptance of the Road for County Maintenance.
But there is a second distinction to be made. Acceptance of the right-of--way as a public
roadway is not the same as an acceptance by the County for maintenar:ce.
In the history of Scenic Ridge Road, there is substantial evidence ofthe County's acceptance
of Scenic Ridge Road for mair:tenance. The action of the Commissioners' Court in Order No.
13,850 not only approved the platted dedication of the roadways within the Subdivision, including
Scenic Ridge Road, but also accepted the paved roads (and later paved roads) in the development,
including Scenic Ridge Road, for County maintenance. By necessary implication, based upon the
language used in Order No. 13,850, and in comparison with language used by the Commissioners'
Court in other subdivision plat approval ordinances of the time, the County did accept responsibility
for maintenance of the roads in the Subdivision which (a) were previously paved, or (b) were later
paned by the developer in accordance with the specified requirements.
3
The County road maintenance records do not list Scenic Ridge Road as acounty-maintained
road, because the Road was not included on the list ofCounty-maintained roads when the County
changed to a Unit Road System in 1987. And it is a fact that the County has never, in fact,
maintained Scenic Ridge Road. But creating a list of roads to be maintained by the County, as done
in 1987, is not a statutorily authorized mechanism for removing a public roadway from County
maintenance obligations.
VI. Conclusion
Nevertheless, the Applicants do not want to press an argument about the current maintenance
status of Scenic Ridge Road. The Applicants are willing to fund the reconstruction (materials and
labor) of Scenic Ridge Road. The Applicants ask only that the County agree to maintain the road
upon its reconstruction to current County construction standards. To assure compliance with County
construction standards, Applicants have obtained construction estimates from Edmund Jenschke
Incorporated and from Masters Construction.
VII. Important Distinctions
In the past, there has been a tendency to confuse the legal requirements for dedication of a
new County road, and acceptance of a road for maintenance. Scenic Ridge Road is already in
existence. Theright-of--way was dedicated and accepted as a county road in 1979. Therefore current
statutory requirements related to right-of--way width and roadway drainage are not applied
retroactively to an existing County road. Exhibit "E" is a summary of the statutory provisions
related to laying out new roads in new subdivisions. Those are the statutoryprovisions which dictate
right-of--way width, drainage, and similar issues. Scenic Ridge Road is not a new road being
dedicated. There is no requirement for dedication of additional right~f--way. In fact, a requirement
of additional right-of--way width, without compensation, would be an unconstitutional taking of
private property for existing lot owners.
There are also additional, practical factors which mitigate against requiring additional right-
of-way along the existing Scenic Ridge Road. First, Scenic Ridge Road ties into only Hi Top Drive,
which is acounty-maintained road and is itself only a 30-foot right-of--way. Scenic Ridge Road is
no narrower and no wider than its feeder road. Second, all of the abutting lots have existing houses
on them. Some of those houses are already quite close to the existing right-of--way. To expand the
right-of-waywould place existing house corners dangerously close totheright-of--way. No widening
oftheright-of--way is required by law, and in this case, it would not be wise, especially for a roadway
that is less than 600 feet in its total length.
Similarly, there is a separate issue of the need for the lot owners of a divided Lot 6, Block
2 of the subdivision to replat their subdivided lot. The replatting of that lot should take place, but
it is a separate application of those parties. The Applicants who own lots in Block 3 and abut Scenic
Ridge Road have no authority to dedicate any needed extension of the road. The Applicants of
abutting lots in Block 3 should not be required to participate in or to have their access dependant
upon the separate subdivision replat of Lot 6, Block 2.
4
PETITION Page one
To the Honorable Commissioner's Court, Kerr County, Texas:
We the undersigned, being a majority of the six property owners on Scenic Ridge
Road, Hills 'n Dales Subdivision, Kerr County, Texas request that Kerr County,
having accepted our road as a public county road, per Commissioner's Court
Order # 13850 dated October 24, 1979, begin maintaining said roadway for the
benefit and welfare of the residents and the public.
103 Scen}E Ridg~ Road, Property ID R29535, Ray and Susie Furr.

Date: ~~.~ °.~~
102 Scenic Ridge Road, Property ID R29536, Jim and Laverne Richter.
~~ .
Sign ~ ~h-,~C .-(~' '~
Date: ~ - 3 - ° a
104 Scenic Ridge Road, Property ID R29537, Jim Alford and Marsha Mefferd.
,. /' ~ J
Signed:
Date: ~~L~~ ~5, ,`-~~
-T
114 Scenic Ridge Road, Property ID R29527, George and Carol Greene.
Signec
Date:
EXHIBIT
Page Two
PETITION
To the Honorable Commissioner's Court, Kerr County, Texas:
We the undersigned, being a majority of the six property owners on Scenic Ridge
Road, Hills 'n Dales Subdivision, Kerr County, Texas request that Kerr County,
having accepted our road as a public county road, per Commissioner's Court
Order # 13850 dated October 24, 1979, begin maintaining said roadway for the
benefit and welfare of the residents and the public.
109 Scenic Ridge Road, Property ID R29534, Hugh and Donna Palmer.
,~
Signed: ;~. ~ .~. ( i 4 i.,,
Date: C ~ r:, :, ~ ~ ~~ ~. ~;: ~ .
J~~f-1C'/~i f~Rl~ SAt~~l~f'I f~C.L
113 Scenic Ridge Road, Property ID R29528, R29529,-Jadq-Kias~xtian_-
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COURT ADJOURNED OCTOBER 19th, 1979 at 11:45 o'clock A. M.
o-o-o-o-o-o-o-o-o-o
COURT CONVENED IN SPECIAL SESSION OCTOBER 24th, 1979 at 10:20 o'clock A. M., with
the following officers present
JULIUS R. NEUNHOFFER County Judge ,
FRANK L. SPEAKMON Commissioner Precinct No. 2
BILLY JOE GUTHRIE, JR. Commissioner Precinct No. 4 '
and the Court having duly opened, the following proceedings were had:
N0. 13850 APPROVAL OF PLAT OF JTM COOKER'S HILLS'N DALES DEVELOPMENT KERR COUNTY, TEXAS
On this the 24th day of October 1979, upon motion made by Commissioner Guthrie, seconded N,
i
by Commissioner Speakmon, the Court unanimously approved the Plat of Jim Cooker's Hills 'N '
Dales Development, Kerr County, Texas, subject to the provisions that Kexr County will not
assume responsibility of roads that have not previously been paved, until they have been paved 111
by developer, according to the specifications of the Commissioner of Kerr County Precinct No.
4.
o-o-o-o-o-o-o-o-o-o
NO. 13851 APPROVAL OF REPEAT OF LOT 2 IN BLOCK 51 OF WESTLAND PLACE ADDITION TO THE CITY OF
KERRVILLE
On this the 24th day of October 1979, upon motion made by Commissioner Guthrie, seconded
by Commissioner Speakmon, the Court unanimously approved the Replat of Lot 2 in Block 51 of
I
;Westland Place Addition to the City of Kerrville, the original Plat of which is recorded in '
it Volume 45 at Page 335 of the Deed Records of Kerr County, Texas; and out of Walter Fosgate
i I
Q Survey No. 120, Abstract No. 136, in the City of Kerrville, Kerr County, Texas.
o-o-o-o-o-o-o-o-o-o
N0. 13852 APPROVAL OF PAYMENT TO IDEAL MUTUAL INSURANCE COMPANY FOR RENEWAL OF COMPREHENSIVE
LIABILITY INSURANCE
On this the 24th day o£ October 1979, upon motion made by Commissioner Guthrie, seconded ~~i
by Commissioner Speakmon, the Court unanimously approved payment to Ideal Mutual Insurance ~,
Company for Comprehensive Liability Insurance for Law Enforcement Officers, in the amount of
$3084.00 and that the County Treasurer and Auditor be authorized to draw a voucher on the '
General Fund in the above amount, for the renewal of the insurance - 11/1/79 to 11/1/80.
o-o-o-o-o-o-o-o-o-o
COURT ADJOURNED OCTOBER 24th, 1999 at 10:45 o'clock A. M.
o-o-o-o-o-o-o-o-o-o
EXHIBIT
_~~
'796393 (VOLUME 4 PAGE 190
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LOGATIO~'1 MAP ~~
STATE OF TEXAS
COUNTY OF KERR
I, J. K. Looker, hereby certify that as owner L developed Che
land shown and platted hereon and that I dedicate all roads
and easements to [he public for uses shown hereon.
Dated the 24t(hynd~ay o~f(,SAeptember, 1979
J.~ LOOKER
STATE OF TEXAS
COUNTY OF KERR
Before me, the undersigned authority, on this day peraona].ly
appeared J. K. Looker, known to me to be the person whose name
is subscribed to the foregoing instrument of writing and
acknowledged Co me [hat he executed the came for purposes stated
therein.
Given under my hand and seal of office [hie 24th day of September, 1979
D. Voelkel, Not~11c in and
for Kerr County, Texas
(Teter eapires 4-30-E1)
surveyrd by ms by Notts
find, n,aw-~i tiro ro J~ty. ~~s.

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LOG4TION M
APPROVED BY THE LOMMI SS /ONERS COURT OF KERB LOUNTy~ TEXAS, ON THE DAy OF
Ul•}tcleA, l4TQ $Y ORDER HO. l38F[l OF 9AlD COURT n
FILED FOR RECORD ON THE DAY OF (~.tQGN. Q197~4 AT ~ O'CLOCK, 1. M. AND ~p~t
REGARDED ON THE ~~DAY OF ~(~/(~~ 197~I 4T ,•N A.. M, IN VOLUME 4 0.T PAGE
OF YNE PLAT REDO RGS OF KERB COUNTY, TEXAS.
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LOCAL GOVERNMENT CODE PROVISIONS
§ 232.003. SUBDIVISION REQUIREMENTS.
By an order adopted and entered in the minutes of the commissioners court, and after a notice is
published in a newspaper of general circulation in the county, the commissioners court may:
(1)require aright-of--way on a street or road that functions as a main artery in a subdivision,
of a width of not less than 50 feet or more than 100 feet;
(2)require aright-of--way on any other street or road in a subdivision of not less than 40 feet
or more than 70 feet;
(3) require that the shoulder-to-shoulder width on collectors or main arteries within theright-
of-way be not less than 32 feet or more than 56 feet, and that the shoulder-to-shoulder width
on any other street or road be not less than 25 feet or more than 35 feet;
(4) adopt, based on the amount and kind of travel over each street or road in a subdivision,
reasonable specifications relating to the construction of each street or road;
(5) adopt reasonable specifications to provide adequate drainage for each street or road in a
subdivision in accordance with standard engineering practices;
(6) require that each purchase contract made between a subdivider and a purchaser of land
in the subdivision contain a statement describing the extent to which water will be made
available to the subdivision and, if it will be made available, how and when;
(7) require that the owner of the tract to be subdivided execute a good and sufficient bond
in the manner provided by Section 232.004;
(8) adopt reasonable specifications that provide for drainage in the subdivision to:
(A) efficiently manage the flow of stonnwater runoff in the subdivision;
and (B) coordinate subdivision drainage with the general storm drainage pattern for the
area;
and (9) require lot and block monumentation to be set by a registered professional surveyor
before recordation of the plat.
§ 232.0031. STANDARD FOR ROADS IN SUBDIVISION.
A county may not impose under Section 232.003 a higher standard for streets or roads in a
subdivision than the county imposes on itself for the construction of streets or roads with a similar
type and amount of traffic.
1 EXHIBIT
TRANSPORTATION CODE PROVISIONS
§ 251.007. CLASSIFICATION OF COUNTY ROADS.
(a) The commissioners court of each county shall classify each public road in the county as a first-
class, second-class, or third-class road.
***
(c) A first-class road must be not less than 40 feet wide or more than 100 feet wide. The causeway
on a first-class road must be at least 16 feet wide.
***
(e) A third-class road must meet the requirements applicable to a first-class road, except that:
(1) a third-class road maybe less than 40 but not less than 20 feet wide; and
(2) the causeway on athird-class road maybe less than 16 but not less than 12 feet wide.