| (2) Any costs associated with installation and maintenance
of trailblazer signs is the responsibility of the participating facility
and is not part of the TOD contract between the department and contractor.
(3) No TOD sign will be installed until all necessary
trailblazer signs have been installed by the participating facility.
(4) When trailblazer signs are required to be installed
off the state highway system, it will be the participating facility's
responsibility to contact the private property owner or appropriate
local jurisdiction for approval to install these signs.
(5) If at any time the department determines that trailblazer
signing off the state highway system is not adequate to direct the
motorist, the participating facility shall be notified. If action
is not taken by the participating facility to correct this problem
within 60 days, the TOD sign panel on the state highway system shall
be removed or covered at the discretion of the department.
(e) TOD sign panel order. Order of placement of TOD
sign panels will be determined by the department so as to maximize
the number of participating businesses.
(f) Removal of TOD sign panel.
(1) A TOD sign panel of an eligible facility shall
be removed by the contractor if the facility:
(A) ceases to exist;
(B) fails to pay the annual rental fee or other fees
within 30 calendar days of the due date as specified in the agreement;
(C) does not meet the minimum requirements as stated
in subsection (a) of this section, and all corrections are not made
within 30 calendar days of written notification;
(D) is sold, and the new eligible facility does not
continue the original tourist-oriented activity or service, or does
not meet the minimum requirements for a TODS eligible facility; or
(E) relocates and is no longer eligible for participation
in the program.
(2) If the TOD sign panel is removed due to the default
of the eligible facility to perform within the terms of the participation
agreement and this subchapter, the participation agreement is terminated
between the eligible facility and the contractor. All funds paid to
the contractor by the eligible facility are forfeited. Upon removal
of a TOD sign panel, the vacated space becomes available pursuant
to the procedures contained in this subchapter.
(3) If the TOD sign panel is removed permanently due
to actions of the department, the participation agreement is terminated
between the eligible facility and the contractor. Advance funds paid
to the contractor by the eligible facility will be pro-rated as per
the date of removal, and any remaining amounts refunded to the commercial
establishment.
(g) Seasonal facilities. Seasonal facilities may participate
in the TOD sign program provided they meet the general eligibility
criteria for participation in the program.
(h) Existing winery signs prior to 2005. Notwithstanding
the requirements of this subsection, a winery that had a sign maintained
by the department prior to enactment of the TODS Program in 2005 is
eligible to participate in the TOD sign program.
(i) Variances. Variances may not be requested for any
eligibility requirements for TOD sign panels as described in this
section.
(j) Allocation process for excess demand. The contractor
will hold a public drawing to assign TOD sign panel spaces when there
are more eligible facilities wishing to participate in the program
than TOD panel spaces available at a given location.
(1) To be eligible for the selection process for the
available TOD space(s), an eligible facility must have submitted a
qualified application before the TOD sign program application deadline.
(2) The application deadline for the initial installation
for a new or existing TOD sign assembly drawing will be set at a date
specified by the contractor and approved by the department.
(3) Qualified applications received after the deadline
will be placed on file and considered eligible for future drawings.
(4) Selection.
(A) Available TOD sign panel space(s) on the specific
TOD sign assembly will be awarded by drawing of the qualified applications
received before the application deadline.
(B) Spaces will be awarded based on the following priority:
wineries, agritourism and other commercial tourist-oriented businesses.
(C) The drawing will be held publicly by the contractor
at a date specified by the contractor and approved by the department
in the presence of two or more department employees. When additional
TOD sign panel spaces become available, additional drawings will be
held as needed at a date specified by the contractor and approved
by the department.
(D) The contractor shall notify applicants of the award
of the TOD sign panel space within 10 calendar days of the date of
the award. To accept the award, the applicant must execute a written
participation agreement with the contractor within 30 calendar days
of the date of the award. The participation agreement shall be in
a form as prescribed by the department and shall, at a minimum, contain
all applicable provisions prescribed in this subchapter.
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| Source Note: The provisions of this §25.408 adopted to be effective November 17, 2005, 30 TexReg 7497; amended to be effective June 19, 2008, 33 TexReg 4685; amended to be effective January 7, 2015, 40 TexReg 102 |
