ORDER NO. 29802
ADOPT A HIGHWAY
SADDLEWOOD ESTATES
Came to be heazd this the 24th day of July 2006 with a motion made by Commissioner Baldwin, Seconded by
Commissioner Letz, the Court unanimously approved by a vote of 4-0-0 the Adopt-a-Highway for Landscaping
Program for Saddlewood Estates to be preformed by the Saddlewood Estates homeowners Association.
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~~ ~ ~ COMMISSIONERS' COURT AGENDA REOUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: H.A. "Buster" Bald~wil~OFFICE: Commissioner, Pct. 1
~y
MEETING DATE: JulyhtT, 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 S, Chapter SS1 and SS2, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEPJED 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 eazliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
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' RULE3 (Texas Administrative Code) ~ ~ ~~ ~~
._
Texas County of Transportation Design Division
Adopt-a-Highway for Landscaping Program
(a) Purpose. This Program augments the Adopt-a-Highway Program by
allowing groups to adopt a section of rural state highway or county
road right-of-way for landscape developmen*_ and maintenance. This
effort enhances the beauty of rural Texas highways while preser~,ing
the integrity of native Texas flora and providing litter pickup. This
section establishes policies and procedures to administer the
Program.
(b) Participation.
{1) Adoption. Saddlewood Estates Cwners Association, upon
approval by the county, will addpt a rural sectior. of the
state highway or county road system for landscape
development and maintenance and litter pickup.
i2) Eligibility.
(A) The following groups are eligible to participate in
the Program:
1) members or employees of civic and nonprofit
organiza~ions;
iil. employees of
entities; and
t`.. iiii fasilies.
pzivate businesses and governmental
(B) Eligible groups must reside in the count}' or a county
adjacent ~e t're adapted section.
(3) Current participating groups. Groups may expand their scope
beyond litter ccntrol as a landscape project. They may make
this change if their section of highway right-of-way
satisfies requirements relating to right-of-way width,
highway geometries, sight disr_ance, and safety
considerations.
(c) Application.
(1) The authorized -epresentative of a group who desires to
participate, or centime to participate, in the Program
shall submit an application to the Texas Gepartment of
Transportation Administrator of the proposed adopted
section.
(2) The application shall be in the form prescribed by the
county and must include:
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(A! the date of application;
(H) the nave and complete mailing address, including the
street address, o£ the group;
(C) the name, telephone number, and complete mailing
address, including street address, of the authorized
representative of the group;
(D) the highway section the grcup is interested in
adopting;
(E) whe_her the group proposes to adopt the section fcr
project development, establishment, and maintenance
only;or also for litter control; and
;F) the project design plan, including sketches,
drawings, and specifications recuired by the county
to illustrate the levee of landscape development.
(3) Croups currently participating in the Adopt-a-Highway
Program must indicate on the application their current
status in the Program.
(d) Agreement.
(1) If the applica*_ion Submitted under subsection (ci of this
section is approved by the County Road P.dmiriistrator,
the Saddlewood Estates Owners Association shall enter :.nto
~,_,,. a written agreement with the county.
(2) The agreement shall be in the form presczibed by the
county and must incl~,:de the following terms:
(A) The project design plan must include plans, sketches,
drawings, notes, and specifications necessary to
fully illustrate tie level of project development
proposed.
(3) Saddlewood Estates Owners Association adtnowledges
*_he hazardous nature of the work involved.
(Cj Saddlewood Estates Owners Association agrees that
its members are jointly and severally responsible
to comply with the terms of the agreement.
(D) The county must approve the project design plan.
(E) Texas Department of Transportation Administ~atcr
must provide for all costs, materials, labor, and
equipment necessary fcr project development.
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tF1 Saddlewood Estates Owners Association must provide
for all costs and equipment associated with their
participation for at least a consecutive two-year
period following the completior. of project
development, or a time specified by the county. `
(G} The respective responsibilities of Saddlewood Estates ,~OgaV
Cwners Association and the county as cited in
subsection (e) of th_s secticn.
(H) Conditions by which the agreement may be terminated.
(I) A provision to satisfy legal relations and
responsibilities to the public, including insurance
and traffic control.
(J) Saddlewood :states Owners Aasocia_ion will -naintain
_iability insurance during the participating two
year to_m.
(3) fine county"s decision will be final with respect to any
disputes that may arise concerning Saddlewood Estates
Owners Association responsibilities under the agr=ement.
(o) Rrsponaibilities of group and county.
(1) Saddlewood Estates Owners Association must:
(A) appoint an authcrized representative with tk:e authority
to execute the agreement as defined in subsection (d) of
this section; such appointment shall be in writing;
(3) obey and abide by all laws and requlat.ions relating to
safety, and legal velations to the public, and otter terms
and conditions required by tna district engineer.
(C1 comply with § 2.63 of this title (relating tc Pdont-a-
H.ighway Program) ii participation includes that Program;
(ll) furnish adequate supervision by one or more adults for
participants who are 15 year= of age or you~:ger;
(E) conduct at least two safety meetings per year and
ensure participants of the group attend at least one
safety meeting before participating in the cleanup of
the adopted section;
(F) adopt the section of highway for a minimum period of
two yearn;
(G) adapt only those sections of highway determined by the
county to be appropriate for project development and
maintenance;
(H) establish plant materials;
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(1; water all plant material except seeding at least
twice per month during the months of April through
September, and at least once per month during the
~,, months of October through March; anless in the
opinion of the county, sufficient natural rainYail
has occurred;
(J) remove weeds and vegetative matter from withit2 the
watering basins of all installed plant material at
least once per month during the months of April
through September, and at least once every other
month durira the months of Cctober through March;
(K) ensure that the fold-down tra:fic control signs
are opened during project participa*_ion and closed
after completion each Say;
(L? ensure each ir_dicidual participant wears county-
furnished safety vests while on the adopted section;
(M) aeither possess nor consume a:.coholic beverages while
on the adopted section;
(:3) maintain a first-aid kit and adequate drinking water
while on the adopted section; and
(G) act as an independent contractor during project
participation.
(2f Saddlewood Estates Owners Association may not subcontract
or assign its project responsibilities to any other group,
organization, or enterprise, unless expressly au_horized
by the county.
(31 The county will:
(A! work wi*_h Sadd_ewood Estates Gwners Association to
determine the specific section of the state highway or
county road right-of-way to be adopted.
(8? comply with ~ 2.63 of this title (relating to
Adopt-a-Highway Program) if litter control is
included as a portion of the application;
(C; review Saddlewood Estates Gwners Association design plar.
for project development and may require modifications to
the design prior to approval; and
(D; provide for the insta-_lation of suitable Adopt-a-
Highway for Landscaping signs in accordance with
existing regulations relating to t.e Adopt-a-Highway
Program, including ~ 2.63(fi(3) of this title.
(f) Gsn~ral Simitinq conditions and eligibility. The Program is
subject to the follcwirg conditions.
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tl) Only highway rights-of-way eligible for the Program for
litter control and sections that are deemed appropriate
for landscape development may be adopted. Unless otherwise
approved by the county, controlled access highways or
routes within high density areas are rot eligible for
adoption.
j2) The county may consider such _*'actors as width of right-
of-way, geometries, congestion, and sight distance of
roadways in determining what highway shall be eligible
for adoption.
13; The county will determine the limits for ado_oted sections
for landscape development.
(9) Plant material will oe limited Lo native ar.d adapted trees,
shrubs and wildflower and grass seeding activities.
(5) Groups currently participating in the Adopt-a-Highway
Program which submit an application under subsection ;c)
of this section may only adopt within the limits of the
original adopted section. Groups shall perform oro'.ect
maintenance at least two consecutive years following the
completion of t!ze project development, or oħher period
specified by 'the county.
(61 Sections currently adopted under the Adopt-a-F.iahway
Program are not eligible for adoption under the Adopt-a-
Highway for Landscaping Program by any other group until
the original adoption has expired.
(7) Signs shall be tour feet by four feet and the least
expensive and most effective for each situation.
(8) With the exception of the Adopt-a-Highway Program, work
u.-,der the Adopt-a-Highway for Landscaping Program will not
be combined with any other landscape-related program
sponsored by the county.
(9j If any group actions are determined to be contrary to any
legislative restrictions cr ar.y restrictions on the use of
appropriated funds for political activities, the county
will take all necessary remedial actions; which may include
the removal of signs displaying the group's name or acronym.
(q) Modification/renevral/termination of the agreement. The county
may decide to modify the agreement ir. any manner. Saddlewcod
Estates Owners Association may renew the agreement subject to
the approval of the county and the continuation of the Program.
The county may terminate the agreement,and remove the signs
and any landscaping in the county righ*_-of-way upon 30-day
notice, i~ it determines that Saddlewcod Estates Owners
Association is not meeting the *_erms and conditions of the
agreement.
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Detiaitioas. The following words and terms, when used in this
subchapter, shall have the following meanings, unless the context
clearly indicates otherwise.
Adopted section -A section of state highway or county road
right-of-way approved for adoption by a group.
Authorized representative -An individual with the authority to
sign agreements for the group or donor.
Commission -The Texas Transportation Commission.
County - The County of Kerr County Road Administratcr - The chief
officer in charge of the county road and bridge department, or
his or her designee.
Family member - Any spouse, s_bling, parent, stepparent,
grandparent, child, stepchild, aunt, uncle or cousin.
Group -An entity which adopts a section o' state highway
right-of-way.
Highway Landscaping -A project design intent which attemp*_s tc
provide primarily for the installation of native, naturalized,
or adapted plant material within the project limits.
Project establishment - The landscape maintenance activities
required to ensure the viability, upkeep, and continued
effectiveness of the project.
Project maintenance - The activities performed as determined by
the program agreement to ensure the estab=ishment, upkeep, and
continued effectiveness of the project.
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