p8'l D 0 r 1. I COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Judge Pat Tinley MEETING DATE: August 10, 2009 OFFICE: County Judge TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action on Contract for Professional Services received from Allison, Bass and Associates, L.L.P., regarding Extension of Chapter 258, Texas Transportation Code. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Judge Tinley 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: 5:00 PM previous Tuesday THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: @ .M. 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. ALLISON, BASS & ASSOCIATES, L.L.P. JAMES P. ALLISON j.allison@alGson-bass.com ROBERT T. BASS r.bass@allison-bass.com A. O. WATSON HOUSE 402 WEST 12Ta STREET AUSTIN, TEXAS 78701 law@allison-bass.com (512)482-0701 FAX (512) 480-0902 VANESSA A. GONZALEZ BoarACenkfied, Labor and Employnrtnt Law Tcras Board ojLegal SpecialitaNon v.gonzalez@allisoo-bass.com J. ERIC MAGEE e.magee@allison-bass.com via regular U.S. Mail Hon. Pat Tinley Kerr County Judge 700 Main St. Kerrville, TX 78028 July 15, 2009 Re: Extension of Chapter 258, Texas Transportation Code Dear Judge Tinley: During this legislative session, HB 2462 by Rep. Keffer/Sen. Deuell was passed by the House and the. Senate and approved by the Governor. This bill extends the authority of Chapter 258 of the Texas Transportation Code, generally known as the H.B. 1117 County Road Map statute, to September 1, 2011, a two year extension and ensures the permanent status of all roadmaps and orders adopted under the program. This legislation was passed originally in 2003 to provide a procedure to permanently establish pre-1981 county roads. This is very important for counties with less than a 50,000 population. Under the provisions of Chapter 281, Transportation Code, if challenged, these counties must prove the existence of their roads with evidence of county maintenance prior to September 1, 1981. This is becoming very difficult, and some counties have lost the right to maintain roads as a result of litigation. Completion of the Chapter 258 Roadmap Program will ensure the existence of these roads. Counties with less than a 50,000 population should give serious consideration to undertaking this program prior to September 1, 2011. To ensure accuracy and an opportunity for interested parties to participate, counties are required to complete several steps over a period of two years: 1. Publication in the Ad Valorem Tax Statement of a list of roads presently in the County maintenance inventory. 2. Production of a definitive map of these roads for public inspection. 3. Newspaper notice of the date of a public hearing to be held to receive objections or protests to any road claimed by the County as a county maintained road. 4. Following the public hearing, should there be protests filed on one or more claimed roads, a Jury of View is appointed by the Commissioners Court to determine the status of the claimed road. 5. The Jury of View, composed of five residents of the county appointed by the Commissioners Court, will determine whether or not the County can prove that the road in question has been, in fact, maintained by the County for a period of time beginning at some date prior to 1981, and continuing to the present. 6. The Jury of View finding is binding on the county. 7. Any changes in the county road map required by the Jury of View will be made, and the County can thereafter adopt this map as the official county road map. 8. Notice of the final list of adopted county roads must be included in the next Ad Valorem Tax Statement. 9. Upon adoption of the county road map, a two year period of limitations is created by the statute. Any objection or contest to the status of the roads listed in the county road map must be brought within two years of the adoption date of the final road map. Our firm has provided aturn-key, fixed fee solution to enable more than 80 Texas counties to complete the Chapter 258 County Roadmap Program. We believe our experience and technical skills will be beneficial in the performance of this work for your county. Counties must initiate the process no later than September 1, 2011. Since the first step required by the statute is the publication of a "list" of county maintained roads in the ad valorem tax statement, immediate action is necessary to start the process this year. This requires a review of all existing road maps and inventory, correction of errors and resolution of conflicts, and approval of the list by the Commissioners Court. Unless the county has a good set of data already, it is necessary to assemble the list from existing information. It would require immediate action to undertake the Chapter 258 program this year. Also, if you plan to initiate the program in the future and would like our assistance, it would be helpful to formally approve an agreement for our services. We have included with this letter a contract for legal services necessary to complete the work described in this letter. Our plan covers all costs of the project, except for the cost of publication of the newspaper notices and the cost of reproduction and insertion of the ad valorem tax notice, which will be an additional cost for the County. We will prepare all necessary notices, and will conduct all necessary hearings and proceedings. Should you have questions, please call either Jim Allison, or Bob Bass, at 512/482-0701, or a-mail us at lawnae,allison- bass.com. We are always appreciative of any opportunity to serve your county. Sincerely, t~--~-- Robert T. Bass Enclosure cc: Kerr County Commissioners CONTRACT FOR PROFESSIONAL SERVICES WHEREAS, under the provisions of Chapter 258 of the Texas Transportation Code, the Texas Legislature has provided a procedure by which the status of County Roads may be resolved, and by which the existence of certain County Roads maybe legally established; and WHEREAS, the Commissioners Court of Kerr County wishes to retain the legal services and demographic support of a law firm knowledgeable in such matters; and WHEREAS, such professional assistance will assure that Kerr County may fulfill its responsibilities regarding the continued maintenance of county roads in an orderly, efficient manner; and WHEREAS, the firm of Allison, Bass & Associates, L.L.P. is prepared to provide all necessary professional services to assist the County in this regard; THEREFORE, Kerr County, Texas, a political subdivision of the State of Texas, acting by and through its Commissioners Court and Allison, Bass and Associates, a Limited Liability Partnership, HEREBY AGREE to the following terms and conditions: Section 1: STANDARD SERVICES A. Allison, Bass & Associates, L.L.P. will provide all necessary legal services necessary to successfully complete all procedural steps outlined in Chapter 258 of the Texas Transportation Code. These services include, but are not limited to, the following: Conduct preliminary planning and assembly of information useful and necessary for the depiction, identification, and notification of affected residents of the County relative to the system of county maintained roadways now existing in the County. 2. Prepare and provide for public inspection such graphic depictions of existing county maintained roads, in the size and format required by statute, and in such other electronic means as may permit the public to effectively participate in the statutory process. 3. Conduct such public hearings as maybe necessary to comply with Chapter 258 of the Texas Transportation Code. 4. Draft such legal documents necessary to .implement, establish and document public roads maintained by the County. 5. Consult with Commissioners Court, or such persons as the Commissioners Court shall direct, in the completion of the described project. 6. Assist in the selection, organization, and conduct of hearings by any required Jury of View to resolve any objections to the public status of disputed roads. 7. After approval by Commissioners Court, prepare and file all necessary maps and other documentation to complete statutory procedures outlined in Chapter 258 of the Texas Transportation Code. 8. In the event litigation is filed, as provided by Chapter 258 of the Texas Transportation Code, Allison, Bass & Associates, L.L.P. will provide such additional legal services and/or support as the parties may contract under separate agreement. B. The County agrees to provide access to all necessary records and County personnel to support this project. Section 2: ENLISTMENT OF PROFESSIONAL SERVICES A. Initial Assessment The fee for preparing an Initial Assessment of County Roads, including the costs of obtaining suitable data necessary to prepare initial mapping, is $1,500.00. The Initial Assessment fee is due upon execution of this agreement. B. First Annual Installment Following receipt of the Initial Assessment of County Roads, and such corrections as the Commissioners Court shall direct, Allison,. Bass & Associates, LLP will assist in the preparation of a proper public notice to be included in the 2010 Ad Valorem tax notices, scheduled for mailing on or before October 1, 2009. An installment payment of $8,050.00 shall be due on or before October 1, 2009. C. Second Annual Installment Following issuance of the public notice by tax statement, and by publication, Allison, Bass & Associates, LLP, will assist the Commissioners Court in conducting such public hearings, jury of view proceedings, and final mapping and notification as to comply with the statutory provisions of Chapter 258 of the Texas Transportation Code. Such work shall be conducted in such a manner as to permit approval of a second Ad Valorem tax notice of an adopted road map for the County on or before October 1, 2010. An installment payment of $8,050.00 shall be due on or before October 1, 2010. D. Total Fixed Fee The total fixed fee for services is $17,600.00, inclusive of all costs incurred. EXECUTED on this day of , 200_. Kerr County, Texas BY: Kerr County Judge Allison, Bass & Associates, L.L.P. BY: James P. Allison or Robert T. Bass