6`Iti ~vt~l- 1 3
' ~'3 COMMISSIONERS' COURT AGENDA REOUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS
REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: H.A. "Buster" Baldest OFFICE: Commissioner, Pct. 1
MEETING DATE: July 10, 2006 TIME PREFERRED:
SUBJECT: Discuss and approve Adopt-a-Highway for Landscaping Program for
Saddlewood Estates.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
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 55] 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 your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
Jul 06 06 02:42p p'1
~~ ~ ~ II
RULES (Texas Administrative Code)
Texas County of Transportation Design Division
Adopt-a-Highxay for Landscaping Program
(a) Purposs. T. is Pr~~gra:r. au~7ments the Adopt-a-Highway Program by
allowing groups to adept a sect;.an o rural s*_.ate highway or county
road right-of-way for landscape development and maintenance. Thin
effort enhances the beauty of rural ieaas higr.ways while preserving
the in±.egray of native 'texas flora and providiaa litter pickup. This
section establishes pclicies and procedures ~o acminister the
Program.
(h) Participation.
il) Adopticn. Ladd:le,+ood Estates Cwners Association, upcn
approval b'y the county, wi_1 adept a r.:ral sectior: o_* the
state higl;kal cr county road system. for landscape
deveioptne.^.= ~^~ mair.ten~nce and litter p~ ckup.
.2) Flzgibili_y.
;A; The _`cl.:owir:c groups are eligible to varticipate in
the: Program:
~'~ mesbers cr employees c. civic and nonprofit
organizacioro;
~i', employe== of pr~vate businesses and governmental
emitties; a;~.d
~__, faN.i'_ies.
i,8) Eligible gro'cps 7,ust reside in the county or a county
adjacent '..c tre adapted section.
(;) Current participa_i.-,g aroups. Groups :ray expand tt:eir scope
beyond 1_tter ccrtrol as a landscape preje~t. They Tay !cake
this change if t;~eir sectior. of h_chway right-of--way
satisfies requirements relating to right-of-way widtt:,
highway geomet.riFe, sight distance, and safety
"onsidPrat~.or.s.
(c) Application.
(7) The autnor'~-zed
nart.icipate, or
shall subiait an
Transportation
section.
,~upre=e-~tatioe of a group who pesires to
r_cn-irt:e 1o partiri..pate, i.n the Program
app_ic~.t~on to the Texas Gepartme::t of
Administrator at the proposed aropted
(2) T:;e applicat_or. shall be i-: the form prescribed by Y_l:e
county and *aust. lrc:].uce:
Jul 06 06 02:42p
p.2
rA) t'~~ date of applicaticr.;
(Bi t:ze naz,e and complete maili~.g address, ancludinq tl e
street address, or the gze~ap;
;~~ .he name, telephone number, and complete mailing
address, including stree- ,address, of the authorized
representative of the prcup;
(C', the hianway section the grcep is interested ~r.
adop*_i;g;
;F.; whe`_her the group proposes to adopt teie section fcr
prcjec*_ development, establishment, and rnaii:ter_anoe
anly;or also for litter control; sad
'F; the project design plan, including sk=tche.^,
drawings, and specifications recuired by r.he county
to illustrate the leve'_ o° landscape decelopmer_t.
c3) Gxonps ccrzer._ly participating in the Adept-s-Highway
Program must indicate on the applicatier. teir current
status ~n the ?roara:n.
icy Agreement.
(i; If the applicaticn submitted under subsect_o*. ic, of tsr_s
section is approved by the County Road Pdm.inistrator,
the Saddlewood Estates Owners Association shall anter .nto
a written agreement ••~•ith the county.
(~) The agreement shall be in the form prescribes by the
county and mast includ= the following terms:
(A) The project design. plan must include plan, sketches,
drawings, notes, and specifications necessary to
fu_iy y-lustrate to level of project develapment
proposed.
(3i Saddlewood Esta_es Owners Association ac:~nowledges
the hazardous nature o` the work anvolved.
(Ci Saddlewood Estates Ov:ners hssociation agree~~ that
its members are ;cir.tly sad severs"~iy respansible
to comply with the =erms of the agreement.
(D> The county must approve the prefect desian plan..
(E) 'Ter.as Depart.crert of Txar.sportation Adm:His*__a=cr
:Host provide for all costs, materials, _abor, ar.d
eu-_ai?:Wert recessar~~ icr praje+^,t development.
2 cf 5
.iul 06 QF 02:43p p,3
;F1 Saddle•.IOnd Estates Owners Association must oro~/ide
for all costs and equipmer._ associated with their
par*_icipation for at least a consecutive two-year
cexicc fc.liowing the completi.or_ of project
development, or a time specified by the r~ounty.
(G'. The respective responsibilit.i.es of Saddlewo^,d 'states
G~~aners Association and the ccurty as cited :.n
subsectio:: ~_;~ of th a" section.
~;H) Conditiora py which the agreement may be terminated.
,I) A prevision: to satisfy '_egal relatio:,s and
respensibilities to the public, ir.cl.:ding insurance
and traffic control.
~,J) Saddleweod 3st=tea Oo:ners Association wiL maintain
_iability insurance during the participatiog two
year tern,..
i:i) The county's decision will be final with respe^t to any
disputes tt:at may aria= cor.ceraing Saddiewood estates
Owners Associatia: responsibil't_es under the agreement.
(ey Responsibilities of group and county.
(1? Saddlewood Estates Owners Association must:
(A) 3pp0'_I'_t an authorized representak._ve with Tire a~~.chority
tp execute the agreement as defined~n subsec~io: ;d) of
t:iis section; such appointment sha]_ be in wri~,:i::?;
(~) obey and abide by a17 lens ar.d regulatipns re.i.ati:;g tp
sa:°ty, and legal rela~ior..s to the pub"~ip, and __..er terms
a::d conditions required by the di.str~_ct engineerf~
C) comply with § x.63 of tris title ;re.~ating tc Ado,t-a-~
ricaway Program) ~f participation includes that Program;
(D1 furnish adequate supervisio^ by one or more adults for
varticipants who are 15 year= of age or you^ger;
f^1 co^duct at least *wo safety meetings per year and
ensure participants of the group attend a*_ yeast one
safe~y aiaetirg before participating in the c=eanup cf
the adopted section;
iF) adopt tale section of highway for a :r.inimu:~~. p.=riot of
two •/ears;
;G7 adopt cr.l.y those sections of higt!wa determined b'/ the
county *_c be appropriate far prefect r,=.7elopaient and
maintenance;
`, A) establish plant materials;
3 of 6
,lu] 06 U6 0~:43p P~4
,I; water alp. plant rnater__a1 exceFt seeding at least.
twice per month duriny the months of April through
Sep ;:ember, and at least once per month dur':ng the
months of October r_hrough March; unless ir. the
opinion, cf the county, sufficient natural rain=ail
has occ~~rred;
;J; remove weeds and t=egetative matr.er from within the
wa*_ering basins of all installed plant material at
least once per month during the months of Apri'~
through 3eptenioer, and at least cnce every other
moist!: during tae months of Cctober tt~.rough ^farr_h;
~K) ensure that tae fold-down tra~fic control signs
are opened dosing pr.e~ect parti.cipa*_ion and closed
after cozrpletion each day;
(L? ensure each ind.iviiual part_cipant wears county-
~urnished safety costs whi'_e on the accpted section;
r,.,1) neither pcssess nor ,:onsume alcoholic beverages while
on the adopted section;
i'~~; czcaintcir. a first-aid Sci*_ and adequate dri.r_king water
while on the adopted section; and
iO; act as an indenender.t contractor d:.ring x:rojact
partic~pat;on.
(?; ::add).ewoad Estates Cwners Association may no t_ subco-:trac'
cr .s sign its project respcnsibilities to any c':.her grouv,
organization., or enterprise, unless expre=sly a~.r_}oriz~d
LJ'y the county.
!31 she coanty wil~:
(AI ivorlc. with. Sadd'_etiaood Estates Gwners Association to
retar:n_ne the specific section of the state hig!;wat~ or
ccl-.r.y road r_g'.~t-ot-way to be adopted.
{Ej comply with ~ 2.63 of this title irelating to
Adopt-a-Highway °rograrri if littar control a
included as a port_on of tt:e application;
~,~'; review Saddlewcod Estate: Owners Association design plar_
_„r project deve'_c>pr-ient Ord :r,ay require modificaticr.s `c
rl~e cesirn prior to apprc•~a'_; and
(D, provide for the insta"_'_aticn cf suitab'e Adopt-a-
Highway for Landscaping signs in accordance with
axisting regulations relating tc tc:e Adopt-a-Y.ighwap
Program, inclndinq y i.63lfi;3~ of tY:is title.
(f~ General limiting conditions and eligibility. Lae Program ~s
s~ab'~~=ct, to the 'ollcw'ir.g conditions.
P~-.ge ~ ct 6
Jul 06 05 0~': 44p
p,5
;1) Only highway xi.ghts-ef-way eligible for the Program for
li±ter cwr_rol a..d sections that are deemed appropria*_e
for. landscape development may be adopted, Unless otherwise
approved by the county, cort,rolled access highways or
rooter wi_hir. ^igh density areas are 1_ct eligible f.or
«doption.
i2) 'Phe county may consider such factors as ~,~idth of right-
of-way, geometries, congestion, ar.d sic:tt distance o7
roadways in de*_ermining what }:iahway shall be eligib_e
foz adoption.
i3; 1'he county viii ~atercnne the limits for adopted sections.
£o~ landscape de: ,;eioament.
19; Plant material 'hill ae limited to native a:td adapted trees,
shnabs and wil.dfloloer and grass seeding activities.
;5 Groups currently participating in the Adcp*-a-Highwa}~
Program which subm.i.t an application under subsection ;c;
of this section may onl}' adopt w_r_hin the limits of +,:he
original adopted section. Groups shall perform gz^'ect
maintenance at least t;,o consecutive years following the
::omcl.et_on of t'~.e pr -ect devei.opnen" cr or.her period
specif_ed by the county.
(c) Sections currently acopted under the Adopt:-a-&ic-:way
Program are not eligible for adcpt:on node°_ the Adopt-a-
Highway _*'or Landscaping Program by any other group ~:r_*_i:
t'~= original adoption has expired.
(7) Signs sha:'~ be four feet by four feet and the leaE~!:
exoensive and most effective for each situation-
(C~f W1 t:: the exceptio,^^, of the Adopt-a-Highway Program, work
under *_he Adopt-a-Highway for Landscaping Program will net
bra combined with any ether 1ar.dscape-re_.ated program:
suonsorad by the county.
;9i If «-.y group actions are ae`_ermined *_o be contrary to an}'
;.egislative restrictions cs any restrictions or. the use of
appropriated funds nor peli-ical activities, the county
will take all necessary remedial. actions; which may ir.cl:de
tt:e removal of signs disp.layi;:g the group's name or ar.rc^yrn_
(g) Modification/reneiral/termination o£ the agreement. ^_he court-}
may decide to modify the agreement ir. aay manner. Saddlewo:d
&states Owners Association may renew ~::e agreement sub~;ect _„
the approval of the county and the cvr.tinaation of the Program.
The coup*_y may *_erminate the agreement,ar.d remove the si:3ns
and arty :.andscapi".g in the county righ--cf-way upon 30-day
notice, i` it determines that Saddlewcod estates Owners
Assoc_aticn is not neetir.g the terms and conditions of the
«greement.
::f 6
,7u1 U6 06 02:44p
p.6
Definitions. It-_e f~llowirg words and terms, whet. used in this
subchapter, shall have the fo'_lowing meanings, unless the context
clearly indicates otherwise.
Adopted section -A section of state highway cr county road
right-cf-way approved for adopt;on by a grcup.
Authorized representative -An individual with the a•cthority to
sign agreements for the group or doncr.
Commission -The Texas Transportation Commission_
County - The Cecr_ty of Kerr County Rcad Admir.istratcr - The c^ief
offirerin charge of the county toad and bridge depar:.'mer.t, or
his or her designee.
Fama].y member - Any spouse, s_b_ing, patent, stepparent,
grandparent, child, stepchild, aunt, uncle or cousin.
Group -An entity 'r'ich adopts a section o_' state highway
right-of-way.
i;ighway Landscapir_c -A project design intent which atteapts tc
proeide primarily fer the installation of native, naturalized,
or adapted plans material. within the project limits.
Protect establishment - The landscape maintenance activi*_ies
required to ensure the viability, upkeep, and continued
effectiveness of =k.e project.
Protect maintenance -- Tae activities perfnrmed as determined by
the program aareemer,t +_o ensure the establ_shment, upkeep, ar,d
continued effectiveness of tt:e project.
6 of 6