| (a) Purpose. The Landscape Partnership Program (program)
allows individuals, private businesses, organizations, and local governments
an opportunity to support the aesthetic improvement of the state highway
system by donating the project development, establishment, and maintenance
of a landscaped section of the state highway system. This section
sets forth policies and procedures governing the program.
(b) Participation.
(1) Eligible entities. An individual, private business,
organization, or local government may develop, establish, and maintain
the landscape of a section of the state highway system upon approval
of the district engineer. An individual, private business, or organization
is eligible to participate:
(A) as a donor through the local government by providing
donations to the local government; or
(B) as a nongovernmental donor by providing donations
directly to the department.
(2) Compliance with other rules. The department will
process a donation under paragraph (1)(B) of this subsection in accordance
with the requirements of Chapter 1, Subchapter M of this title (relating
to Donations). If a provision of this section conflicts with a provision
of Chapter 1, Subchapter M of this title, this section will prevail.
(3) Sign. The department may install a sign at the
project site announcing the local government's or donor's participation
in the program. The sign must conform to the Texas Manual on Uniform
Traffic Control Devices. On approval of the district engineer of the
district in which the project site is located, a municipality may
erect and maintain a sign within the municipality's jurisdiction announcing
participation in the program.
(c) Application.
(1) A local government or donor that desires to participate
or to continue to participate in the program shall submit an application
to the district engineer of the district in which the project site
is located.
(2) The application shall be in the form prescribed
by the department and shall at a minimum include:
(A) the date of application;
(B) the name, telephone number, and complete mailing
address of the local government or donor;
(C) the highway section the local government or donor
is interested in developing, establishing, and maintaining; and
(D) the project concept plan containing sketches, drawings,
specifications, and descriptive text as may be required by the department
to evaluate the project under required general, site, and design considerations,
to determine the proposed design intent.
(d) Conditions. In order to participate in the program,
each project must meet the department's approval under general, site,
and design considerations.
(1) General considerations. Normally, work on state
highway right of way will be performed by state forces or under contracts
awarded and administered by the department. The district engineer
of the district in which the project site is located may grant an
exception to allow a local government or donor to perform work on
state highway right of way.
(2) Site considerations. For sites to be approved by
the department, the following site conditions must be met. The site
must:
(A) not be scheduled for future construction, as defined
within the department's current unified transportation plan, that
would conflict with the activities proposed on the project;
(B) contain sufficient right of way to reasonably permit
planting and landscaping operations without conflicting with safety,
geometric, and maintenance considerations;
(C) not contain overhead or underground utilities,
driveways, pavement, sidewalks, or highway system fixtures including
traffic signage or signalization that would conflict with the planting
or landscaping operations proposed under the project; and
(D) not contain existing drainage conditions that will
be obstructed or otherwise interfered with by the project.
(3) Design considerations. For sites to be approved
by the department, the following design considerations must be met.
(A) The project design, as shown on the project concept
plan, must be acceptable to the department.
(B) Unless otherwise approved by the department, the
project design may not include the following design elements:
(i) plant material or fixtures that, in the opinion
of the department, require an intense level of continued establishment
and maintenance in order to assure the effectiveness and function
within the design;
(ii) flagpoles or pennant poles;
(iii) fountains or water features;
(iv) statuary, sculpture, or other art objects; and
(v) logos or other advertising.
(e) General limiting conditions and eligibility. Because
of administrative, legislative, and financial constraints, the program
shall be subject to the following terms.
(1) The department will consider such factors as width
of right of way, geometrics, congestion, sight distance, and maintenance
requirements in determining the acceptability of any proposed project.
(2) The department will not erect or replace a sign
announcing participation in this program unless the local government
or donor pays the cost of manufacturing and erecting the sign.
(3) Work under the program shall not be combined with
any other landscape-related programs sponsored by the department.
(f) Agreement.
(1) If the proposed project as submitted under subsection
(c) of this section is approved by the department, the local government
or donor shall enter into a written agreement with the department
providing participation in the program. Work on any phase of the project
may not begin until the agreement is fully executed by both parties.
(2) The agreement shall be in the form prescribed by
the department and shall at a minimum include the following terms.
(A) The project design plan shall consist of plans,
sketches, drawings, notes, estimates, maintenance work schedules,
and specifications as required by the department.
(B) Any changes to the agreement shall be enacted by
written amendment.
(C) The parties shall not assign or otherwise transfer
their obligations under this agreement, except with prior written
consent of the other party.
(D) The project design plan shall be subject to the
review and satisfactory approval by the department prior to installation.
(E) Violation or breach of contract terms shall be
grounds for termination of the agreement by the department. In the
event of disputes as to obligations under the agreement, the department's
decision shall be final and binding.
(F) The local government or donor and its contractors,
if any, shall to the extent provided by law, furnish certificates
of insurance, guarantees of self-insurance if appropriate, and indemnification
as may be prescribed by the department.
(G) The department, at the local government's or donor's
expense, shall provide, erect, and maintain any barricades, signs,
and traffic handling devices necessary to protect the safety of the
travelling public while performing any work on the project. The department
in its discretion may allow the local government to provide, erect,
and maintain barricades, signs, and traffic handling devices required
to comply with this subparagraph.
(H) The agreement shall be for a period of not less
than two years. If after two years, the local government or donor
desires to continue the project, the agreement shall be subject to
renewal.
(3) A donation schedule, if applicable, shall be outlined
in the agreement.
(g) Modification/termination of agreement. The agreement
as cited in subsection (f) of this section may be modified in any
manner at the sole discretion of the department.
(1) If the project is not installed within one year,
the agreement becomes void.
(2) If the local government or donor fail to maintain
the project according to the schedule outlined in the agreement, the
project will be subject to removal at the department's discretion.
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