SECTION II. ROAD USE AND MAINTENANCE

Access to Private Roads on Terlingua Ranch
  1. All roads on Terlingua Ranch are private Property Owner roads, not Public roads. POATRI owns no roads other than the roads that access the lodge and one water well. POATRI has ingress and egress access to all other roads strictly for maintenance and utilities.
  2. It is the responsibility of all organizations using these roads to obtain permission from all property owners whose property will be used in their operations. POATRI cannot issue such permission
  3. As POATRI is not a permitting agency, neither may they deny any tours or events that are held on Property Owner roads; they may only be denied by individual property owner action. Each property owner should obtain his/her own legal counsel to determine his/her rights.
  4. If POATRI does accept contributions by commercial or other organizations using roads on Terlingua Ranch, it does not imply that POATRI has permitted, allowed, approved or disapproved of the action.
  5. Commercial use is not to be construed as including service use, such as UPS, propane delivery or emergency vehicles.
  6. POATRI can only create policy and guidelines and can not act as an enforcing agency. In this spirit, the following guidelines are offered in the hope they will be adhered to by commercial users:
    1. Any and all organized tours should contact the Terlingua Ranch office 2 to 4 weeks prior to an event.
    2. Routes, dates, duration of events should be furnished to the Terlingua Ranch office management, who will then disseminate the information in the most practical manner, such as posting to the website.
    3. In the case of repetitive guided tours, it is not necessary to advise each time, but routing is still requested.
    4. Have a method of identifying participants, such as visible numbers, names on vehicles, etc.
    5. No individual group should number more than 20 participants and each group should have one individual charged to monitor behavior (not applicable to single vehicle tours).
    6. It is requested that groups creating noise, dust and other "nuisances" limit themselves to sparsely populated areas.
    7. Each guest or visitor or proposed commercial user should be furnished a copy of reasonable behavior on Terlingua Ranch as well as a copy of the guidelines.
  7. If a property owner notifies the Operations Manager that any organization or business has violated the suggested guidelines, as a service to the interested property owners, the Operations Manager will notify, in writing, said organization or business of the guideline violation(s).
  8. A member who has barricaded a road shall not be relieved of any obligation to pay maintenance fees. 
  9. A member may not block or otherwise barricade a private road if such action will deny access to any other property owner.
  10. All members of the Association, by virtue of POATRI’s ingress/egress easement, enjoy the right to access all Terlingua Ranch roads for the purpose of ingress/egress. (Added April 30, 2005)

Maintenance of Terlingua Ranch Roads
  1. POATRI accepts responsibility for the maintenance of Terlingua Ranch roads for the benefit of all the Members of POATRI.
  2. POATRI will build and maintain, at no cost to the owner, an access road to any tract platted by the original developer of Terlingua Ranch if such road does not exist. The owner is responsible for a survey and acquiring legal access prior to road construction.
  3. POATRI may build, at a rate established by the Operations Manager, an access road to any tract that has been subdivided from an existing tract. The owner is responsible for a survey and acquiring legal access prior to road construction.
  4. POATRI may, at its option, cease to maintain roads on any or all property of a landowner who is not in good standing as a member of POATRI, in accordance with Section 3.03 of the Bylaws. This action shall not be taken if it would result in a lack of good access to property owned by a POATRI Member in good standing.
  5. POATRI may agree to cease maintaining the roads on a member’s property if the request is expressed in writing by said member to the Operations Manager. The request will be denied if it would result in a lack of good access to property owned by a POATRI Member in good standing unless all parties agree in writing. Approval of the request does not relieve any member from the obligation to pay maintenance fees. All such written requests shall be filed in the POATRI office indefinitely.
  6. Only POATRI has ingress egress rights for the maintenance and improvement of Terlingua Ranch roads. (Added April 30, 2005)
  7. Terlingua Ranch roads are any existing roads that lead to, or through, property listed as the Subject Property in that Terlingua Ranch Maintenance Association document dated November 1, 1970, plus amendments, as filed with the Brewster County Clerk, for the purpose of access for members of POATRI. (Added April 30, 2005)
  8. No property owner has the right to maintain or otherwise alter a Terlingua Ranch road without the express, written consent of all owners of the property through which said road traverses. (Added April 30, 2005)
  9. Property owners who wish to maintain or otherwise alter a Terlingua Ranch road that traverses their property must first obtain written permission from POATRI. Without such permission, the property owner may be subject to financial charges for the cost to POATRI of reworking the roads affected. (Added April 30, 2005)

Private Use of POATRI Equipment

  1. The primary use of POATRI-owned maintenance equipment shall be for the upkeep of Terlingua Ranch roads and Association-owned properties that benefit Terlingua Ranch property owners in the aggregate; however, such equipment shall also be available to Members in Good Standing for personal purposes under the following conditions:
    1. Scheduling shall be at the convenience of Terlingua Ranch management, shall not cause a substantial delay in the road maintenance program, and shall minimize transportation costs.
    2. Rates charged to landowners for private use of equipment shall be current rates set by the General Manager.
    3. Only employees of POATRI may operate the equipment.
  1. Except for emergencies (such as fire fighting) as determined by the General Manager, POATRI-owned equipment shall not be available to persons who are not property owners of Terlingua Ranch.
  2. POATRI-owned equipment may not be rented or leased to anyone. In no case shall any POATRI employee be reimbursed by a third party for the use of Association-owned equipment. Receipt of such reimbursement, in cash or in kind, will be grounds for immediate termination of employment with no notice or wages in lieu of notice. 

Road Work by Others on Terlingua Ranch

Roadways on Terlingua Ranch are part of the tract through which they pass. POATRI has an ingress and egress easement for maintenance. Given this situation POATRI establishes the following policies:

  1. Anyone wishing to transport a permitted load (County or State), or any other load, over ranch roads which will necessitate modification of the roads on private property must get permission of all affected property owners. POATRI is not able to grant this permission. 
  2. Damage to roadways caused by transportation of a permitted load, or any other load, is the responsibility of the transporter and the property owners granting permission for the transport. If POATRI needs, in order for it or other property owners to have ingress or egress, to repair the damage, the cost of such repairs will be billed to the transporter. If such transporter fails to pay for the damage, POATRI will bill the party that hired the transporter.
  3. If POATRI is required, in order that property owners may have ingress and egress, to repair damage caused by others to roadways, the cost of such repairs will be billed to the parties causing the damage.
  4. If others make repairs or modification to roadways without the permission of the General Manager which cause a lack of ingress or egress on the part of POATRI or its members, POATRI will restore the roadway to its original state, or as near to its original state as necessary to ensure ingress or egress. The cost of such restoration will be billed to the parties making the unauthorized repairs or modifications.

 

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