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HomeMy WebLinkAboutCC 1968-05-02 Minutes MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE CITY HALL, 4101 MORGAN CIRCLE, THURSDAY, MAY 2, 1968 7:30 P.M. CALL TO ORDER The Special City Council meeting was called to order by Mayor Calvin F. Luper at 7:30 p.m. ROLL CALL PRESENT: Mayor Calvin F. Luper Councilmen: p. M. Dodson J. F. Cato J. R. Hubbard J. B. Sand lin STAFF: City Manager, Stephen K. Shutt City Secretary, Evalyn R. Reed Consulting Engineer, Don Edmonds ABSENT: Councilmen: Harold B. Daley Dick Faram Fred Chester THIS SPECIAL CITY COUNCIL MEETING WAS CALLED FOR THE PURPOSE OF ESTABLISHING GUIDELINES FOR ACQUISITION OF RIGHT OF WAY NECESSARY UNDER THE RECENTLY APPROVED STREETS AND DRAINAGE BOND PROGRAM 1. Consulting Engineer, Don Edmonds, asked the City Council to establish a policy concern.ing the Richland Oaks Appra.isal previously accepted by the City. Councilman Dodson moved, seconded by Councilman Cato, to authorize the City's engineers to proceed with the existing appraisal as prepared and presented previously by George Rupe and Company in relation to the Richland Oaks acquisition of right of way. The mot.ion carried by a vote of 4-0. 2. Consulting Engineer, Don Edmonds, presented recommeded procedures and policies for right of way acquisition as follows: I. Basic Purpose To acquire certain rights-of-way and easements from private property owner, as required to construct the various street and drainage projects contemplated in the City's Capital Improvements Program. II. Basic Leqal Instruments A. Right-of-way for use in street widening and improve- ment projects, but also enables installat.ion of necessary drainage structures and utility lines7 has effect of con- veying title to City. B. Easement for use in drainage and utility projects7 property owners retains title to land but conveys to City right to use as described and quarantees against underground or overland interference with designed use. III. Purchase It is recommended that the City Council authorize the right- of-way agent (K-R-E) to purchase outright all required rights- of-way and easements, at certain standard rates per square foot, as follows: A. For drainage easements over and along existing dra.inage ways or natural low land - 2~¢ per square foot. B. For rights-of-way and easements on land zoned for single- family or agricultural purposes - 5¢ per square foot. C. For rights-of-way and easements on land zoned for multi- family, commercial and industrial purposes - 10¢ per square foot. IV. £QnQ~ons and Counte~ff~ In those cases where the property owner insists on certain conditions in addition to the standard purchase price (e.g. reconstruction of fences, replacement of shrubbery, etc.) these items will be shown on the face of the right-of-way or easement form and subject to the approval of the City Manager. Should the property owner refuse the standard purchase offer, but propose a specific counter-offer, th.is amount will be shown on the face of the right-of-way or easement form and subject to the approval of the City Council. V. Condemnation In those cases where the property-owner flatly refuses to accept the standard purchase offer or proposes an unacceptable counter-offer, condemnation may be required7 and th.is should involve action by the City Council as follows: A. Authorization of City Manager to extend final offer in written form to property owner. B. Authorization of City Attorney to proceed with condemnation action and to secure expert testimony on land value as required. VI. Procedure of·· Riqht-of-wav Aqent A. Order preparation of strip map (showing required right-of way or easement and noting property ownership) and field note descriptions of each parcel by registered surveyor. B. Prepare necessary instruments on approved forms. C. Arrange appointment and meet with individual property owners 7 describe nature and scope of proposed project7 answer questions and abjections if possible7 and secure and notarize signatures on instruments. D. Forward signed instruments to City for recording. E. Where standard offer is refused or special conditions specified by owner, to submit written report to City Manager detailing position, attitude, and/or counter- offer of owner, with further negotiation to be pursued by City Manager, City Attorney or other. Councilman Dodson moved, seconded by Councilman Sandlin, that the City Council accept the recommended procedures and policies for North Rich- land Hills right of way acquisition as presented by Knowlton-Ratliff and English, May, 1968. The motion carried by a vote of 4-0. ADJOURNMENT There being no other items on the agenda to be con- sidered at this special City Council meeting, Council- man Dodson moved, seconded by Councilman Cato, that the meeting be adjourned. ~~~_. MAYOR CITY OF NORTH RICHLAND HILLS ATTEST: