ORDER NO. 31261 CATTLE GUARD POLICY Came to be heard this the 13th day of April, 2009, with a motion made by Commissioner Letz, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0 to: Approve revised Cattle Guard Policy, modifying the "Notice of Intent to Remove" to be in accordance with existing laws. I , ~ COMMISSIONERS' COURT AGENDA REpUEST ~ ~a ~ ~ PLEASE FURNISH ONE ORGINAL AND ONE COPY OF THIS REOUE5T AND DOCUMENTS TO BE REVIEWED BY THE COURT. PLATS OR LARGE FORMATS PLEASE FURNISH 6 COPIES. MADE BY: LEONARD ODOM OFFICE: Road & Bride MEETING DATE: 4/13/2009 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider, discuss and take appropriate action to review and aQprove the cattle ward policy. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: LEONARD ODOM ESTIMATED LENGTH OF PRESENTATION: 5 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. S~A~ E QF~ x Kerr County Road & Bridge 4010 San Antonio Hwy Kerrville, Texas 78028 TO: COMMISSIONERS' COURT FROM: LEONARD ODOM DATE: 4/13/2009 RE: CATTLE GUARD POLICY APPROVAL WE HAVE REVIEWED AND RE WORDED THE CATTLE GUARD POLICY AND FEEL THAT WE HAVE A POLICY THAT WILL WORK FOR THE CITIZENS OF KERR COUNTY. AT THIS TIME WE ASK FOR YOUR APPROVAL OF THE CATTLE GUARD POLICY. Kh CC MEMO CATTLE GUARD POLICY.doc CATTLE GUARD POLICY Whereas Kerr County is not an "open range county" and as the population continues to increase, the use of cattle guards on County Maintained roads shall be phased out for the health, safety and welfare of the citizens of Kerr County. Cattle guards shall be removed during scheduled maintenance of roads when the following circumstances prevail: 1) Both sides of the road are no longer owned by one family and/or the third degree of consanguinity or affinity does not apply to both sides and/or both sides of the road are fenced. 2) A traffic accident occurs at or near the cattle guard more than 3 times on a road with a cattle guard in a 5 year period. 3) When the traffic count on a road meets the level of a collector road (801 cars/day), removal of the cattle guard will follow after notification. Road and Bridge will present to Commissioners' Court any road that meets removal criteria and seek authorization to notify all property owners of the removal. It will be the responsibility of affected owners to present themselves to Commissioners' Court to protest this decision. After Commissioners' Court authorization to remove cattle guard(s), Road and Bridge Department will provide 6 months notice of intent to remove. 4/13/2009 1 '+* td) The statutory degrees of relationsh3p•are shoen:in~.th~ folloring chart: 2ND DEGR - SPOUSE'S 'rI5 ct 'S GR~.ND SPOUSE FATHER (Brother•In- ® ~®,) 1ST DEGREE BROTHER'S SPOUSE'S MOTHER-. SPOUSE GR.a.ND FATHER- III(-LAW (Sister-I.l-Law DAUGHTrR ~ L~W ~~ DAUGHTER SPOUSE'S SPOUSE'S SON-IN LAW IN-LAW GR4ND BROTHIIt OFFIQ.4L'S MOTHER (grochcr-In-Law SPOUSE SpOUS'c'S SIS?'rR (Sistc:-In Law) Affinity Kinship Chart (Marria;e) SPOUSE'S GR~YDSON ii ', - ~1 UNCLE 1 NLCE AUNT GR.aND FATHER s 3RD DEGREE AND DEGREE 1ST DEGREE FATHER BROTHER SON 1 NE'HEW SISTER DAL GFrIFi GREAT GRAND DACGii'2~+ GR~uW50. Consan,uinity Kinship Chart (BIood) GRE.~T \ GRAND FATHER "GRE.aT GRAND GRE:~T ' G2~.~"DSO~ to> Spouses of relatives athin the prohibited degrees of consangui-pity or affinity are also with the prohibition. t f > Termination of a marriage by dfvorce- or the death off.- a spouse terminates re3ationehtps by affinity created bye ttrat marriage- unieea s child of• than wsrsia~e io° livinq~ . in which case the marriage is treated-as continuing to exist as long as= a child of that marriage lives. 1 tg) These provistans~apply to individuals who are e~aployed as independent -contractors: OFFIQ.aL 22