HomeMy WebLinkAbout1959-01-14 - Special City Council7
Stephenville, Texas
January 14, 1959.
The City Council met in called session on this date with Mayor Evans pre-
sigiing and the following aldermen present: Virgil Dickerson, Marvin Ratliff,
Chas. Rigging Albert Graves, Van E. Allen, Scott D. Reed and Earl Weathers.
Alderman Allen reported the plans for construction at the Airport com-
pleted and ready to advertise for bids.
M
It was moved by Alderman Dickerson, seconded by Alderman Ratliff, that the
Council accept the proposal for plans of construction at the Airport and that
the City advertise for bids. Sealed bids will be received at the office of the
City Secretary until 1:30 P. M. February 3, 1959, for this construction, and the
City of Stephenville reserves the right to reject any and all bids, and to waive
any formality. Motion carried.
i
Chief of Police Cornell reported some committee members of the March of Dimes
campaign had asked permission to stop cars.on the Highway entrances to the City for
the purpose of raising funds for this campaign. The Council offered no objection
to long as this did not create a traffic hazard. The details to be handled by Chief
of Police.
Mayor Evans reported the need to appoint some screening committees to deter.
mine the future needs for added City facilities, and a committee to study the pos-
sibility of a future surface water supply. The Mayor pointed,out these committees
would gather all the information and report their recommendations to the Council,
thereby saving the Council a lot of work. .The Council agreed to authorize the
Mayor to appoint the above mentioned committees.
Mayor Evans also reported the Garner Park Committee had approximately $9000.00
and would possibly donate this to the City to help place a shed over the concrete
slab-at-the City Park. This was discussed and it was moved by Alderman Ratliff,
seconded by Alderman Riggins, that if the Garner Park Committee would donate this
approximate-$9000.00,'the City would pay the balance of expense to complete a shed
over the concrete slab at the Park. Motion carried unanimously.
There being no other business at this time, the Councill,tood Adjourned subject
to the Mayor's call. n
A7T ST:
., . Secretary;
eeretary.
',3 H
AN ORDINANCE PROHIBITING ANY PERSON, FIRM OR CORPORATION FROM 'PAVING OR
PUTTING UPON ANY CITY STREET IN STEPHENVILLE, TEXAS, PAVING OR ANY
PAVING MATERIAL WITHOUT RECEIVING n PERMIT TO DO SO FROM THE CITY
SECRETARY OF THE CITY OF STEPHENVILLE, PROVIDING A PENALTY FOR VIOLATION
OF SUCH ORDINANCE AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
Section One
Any person who desires at his cost and expense to pave or place
any paving material on any street or alley or public thoroughfare within
the City of Stephenville, Texas, shall before doing such paving or
placing such paving material apply to the City Secretary of Stephenville,
Texas, for a permit, and such application for such permit shall describe
in writing the street "or section of street, alley or public thoroughfare
on which the applicant desires to place such pavement or paving material
and the exact location thereof by block number or by its location with
reference to intersecting streets, avenues or alleys or other public
thoroughfares.
Section Two
The City Secretary of Stephenville, Texas, shall upon receiving
such an application for a permit as set out in the foregoing paragraph
refer same to the City Council of the City of Stephenville before he takes
action thereon. The City Council shall duly consider such application,
the facts with reference to whether sewer and water lines and any other
public utilities are laid in said alley, street or other public thorough -
fare and shall then by resolution direct the City Secretary to either
.grant or refuse the application for a permit.
Section Three
Should. the City Council direct the City Secretary to issue such
permit, same may be in the form of a letter mitten by the City Secretary
to the applicant and shall specify the exact portion of the street, alley
or public thoroughfare and the nature of the paving or the paving material
which is to be placed thereon. Should the Council direct the City Secretary
to refuse such permit, then the refusal of the permit may be in the form
of a letter from the City Secretary to the applicant advising applicant
that his application for permit has been denied by the City Council.
Section Four
Any person who violates this ordinance by placing paving upon .
any portion of any street,. alley or other public thoroughfare in the City
of Stephenville without first obtaining the permit set out herein therefor
shall be deemed guilty of a misdemeanor and upon conviction thereof shall
be fined any sum not exceeding ;x100.00.
Section Five
The fact that paving is being done on some city streets without
permission and without the City of Stephenville having an opportunity to
pass upon same creates an emergency and an imperative public necessity that
this ordinance go into effect immediately from and after its passage and
publication as provided by law; and any provisions of the ordinances of
the City of Stephenville or of the law providing otherwise are hereby sus-
pended.
PASSED AND APPROVED this d of 1958•
i
C Mayo
ATTEST:
Ci.t s ,cretary
I do hereby certify that a true and correct copy of the above
and foregoing ordinance was fuly published in the Stephenville Daily
Empire in the issue of the /j�) day of X17 ly��
A�
Publisher, tephenville Daily Empire
SWORN TO AND SUBSC3IBED before me this �� day of .
1-3 a
AN ORDINANCE PROVIDING THE SPECIFICATIONS FOR SEPTIC TANKS INSTALLED WITHIN
THE CITY LIMITS OF STEPHENVILLE, TEXAS; RESTATING THE POLICY OF THE CITY THAT
NO SEPTIC TANKS BE USED OR MAINTAINED WHERE SEWER FACILITIES OF THE CITY OF
STEPHENVILLE ARE AVAILABLE To BE CONNECTED TO THE SEWERAGE FACILITIES OF ANY
BUSINESS OR DWELLING WITHIN THE CITY OF STEPHENVILLE; PROVIDING A PENALTY FOR
VIOLATION OF SUCH ORDINANCE AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
Section One
The present policy and ordinances carrying out such policy that no
septic tank shall be installed or used within the city limits of the City of
Stephenville, Texas, and that all sewerage disposal shall be connected with
the city sewer system shall remain in force and effect and be in no way
changed by this ordinance. In recognition that there may be some residences
or places of business to be constructed within the city limits of the City of
Stephenville in the future to which city sewer mains are not available,
specifications for septic tanks to be used in such instances are herein set
out.
Section Two
Specifications for septic tanks that may here of t e:r be installed
and maintained in the City of Stephenville, Texas, where city sewerage dis-
posal facilities are not available are as follows:
Sec. A.
1. Design shall be such as to provide access for cleaning and adequate
volume for settling and for sludge and scum storage.
2. Location shall be such as to provide not less than the stated distances
from the following:
a. Property lines--------------------- -------- --- - - - -10 feet
b. Any water supply------------------------------ - - - -50 feet
3. Liquid Capacity shall be based upon the number of bedrooms
contemplated in the dwelling served and shall conform to Table 1.
a. The liquid depth of any tank or compartment thereof shall not be less
than 32 feet. A Liquid depth greater than 62 feet shall not be considered
in determining tank capacity.
b. No tank or compartment thereof shall have an inside horizontal
dimension less than 36 inches.
c. When multi - compartment tanks are used the inlet compartment shall
have a liquid capacity not less than 250 gallons:
a Inlet compartment only.
TABLE I.
Minimum Capacities for Septic Tanks
Number of Bedrooms
Minimum Liquid Capacity
of Tank in Gallons.
2 or less------------------------------- - - - - -- -500
3-------------------------------------- - - -600
4---------------------------------- - - - - -- -750
5----------------------------- - - - - -- goo
6-------------------------------------- - -1100
7-------------------------------------- - -1300
8--------------------------------- - - - - -- -1500
12--------- ---- ---- --------------- - - - - -- -2000
Increase minimum liquid capacity by 50% when
household garbage grinder discharges into system.
4. Inlet and Outlet connections of the tank and of each compartment
thereof shall be submerged or baffled so as to obtain effective retention of
scum and sludge.
a. Scum storage volume (space between the liquid surface and the top of
the inlet and outlet devices) shall not be less than 12" or 15% of the total
required liquid capacity, whichever is the greater.
b. The inlet baffle or submerged pipe shall extend not less than
6 inches below the liquid surface and above the liquid surface at least
to the crown of the inlet sewer.
c. The outlet baffle or submerged pipe and the baffles or.submerged
pipes between compartmentsshall extend below the liquid a distance.approx-
imately equal to 40 % of one foot less than the liquid depth. They also
shall extend not less than 6 inches above the liquid level.
d. When multi - compartment tanks are used a connection between
compartments with a minimum dimension of 4 inches and a cross- sectional
area not less than that of a 6 -inch diameter pipe shall be provided.
Venting between compartments as required below shall be provided.
e. There shall be at least 1 inch between the underside of the top
of the tank and the top of inlet and.outlet pipes or baffles and partitions
to provide the required ventilation of the tank.andcdisposal field or
seepage pits through the main building stack.
f. The inlet invert shall be not less than 3 inches above theflow line.
5. Construction of the tank shall be such as to assure its being
watertight and prevent the entrance of rainwater, surface drainage, or
ground water.
a. The tank shall be constructed of sound and durable material not
subject to excessive corrosion or decay.
Note. Metal septic tanks shall comply with Commercial Standard
177 -51 (Type I or Type II) and have the capacity required by
Table I. Where variations exist between the Commercial Standard
and existing requirements the Commercial Standard shall govern.
b. Adequate access to each compartment of the tank, for inspection and
sludge removal, shall be provided by a manhole or removable cover. If a
manhole is used it shall be located to permit access to the inlet device for
inspection and cleaning.
c. Where the top of the tank is located more than 18 inches below
the finished grade manholes shall be built up to within 18 inches of the
finished grade.
Sec. B. Subsurface Disposal Field
1. Location of the disposal field should be in an unobstructed and
unshaded area, and the distances given shall be the minimum which the dis-
posal field can be located from the following:
a. Any water supply------------------------- - - - -50 feet
b. Streams-------------------------------------- 25 feet
c. Dwellings----------- --- ------------------ - - - -10 feet
d. Large trees------- - - - - -- -(see alternate in
.Paragraph 4d4 following )---------------- - - - -10 feet
e. Property lines--------------------------- - - - -10 feet
Note: When existing wells are involved or exceptionally coarse
soil formations are encountered the 50 -foot distance from
any water supply shall be increased in accordance with the
recommendations of the State Health Department. The 10 -foot
distance from property lines may be reduced to 5 feet where
proper drainage conditions exist
2. Distribution Box of sufficient size to accommodate the necessary
field lateral lines shall be constructed at the head of each disposal field.
a. Each field lateral line shall be connected separately to the
distribution box and shall not be subdivided.
b. The invert of all outlets shall be level and the inlet invert shall
be at least 1 inch above the outlets.
C. If the level of the outlet inverts is less than 4 inches above
the floor, distribution baffles shall be provided.
Note: If the level of the outlet inverts is from 4 to 6 inches
above the floor permitting water retention to act in
lieu of a baffle, the baffles will not be required. The
level of the outlet inverts should not be more than 6
inches above the floor.
/,' d
3. Minimum Seepage Area - (total area of bottom of trenches) of the
disposal field shall be determined by one of the following methods:
a. Results of actual percolation tests (procedure as described) conducted
on the site with required area determined from Table II.
b. Recommendation of the State Department of Health or health authority
having jurisdiction when experience date based upon percolation tests are
available, in which case requirements shall be stated on a basis of square
feet of absorptive area per bedroom rather than lineal feet of tile.
4. Construction of disposal trenches in filled ground is not acceptable.
a. All trenches in a disposal field shall be the same width and length,
and the following standards shall be required:
1. Minimum number of lines per field------------------------- - - - - -2
2. Maximum length of individual lines-------------------- - - - - -- -100 feet
3. Minimum bottom width of trench---------------------------- - - - -18 inches
4. Maximum depth of cover of tile lines---------------------- - - - -36 inches
5. Preferred depth of cover of tile lines-------------------- - - - -18 inches
6. Maximum grade of tile lines 6 inches per 100 feet
7. Preferred grade of tile lines 2" to 4" per 100 feet
8. Size and spacing of trenches conform to Table III
9. Minimum filter material under tile----------------------- - - - - -6 inches
10. Minimum filter material over tile------------------------- - - - - -2 inches
Method of Making Percolation Test
To provide data on representative soil conditions of site make at least
2 percolation tests at different locations on the disposal field as follows:
a. Dig or bore holes with horizontal dimension of approximately 6 to 12
inches and with straight sides to the estimated depth of the absorption trench.
b. Fill hole with water and allow to seep away. Then fill hole with water
to a depth of 12 ".
c. Record the time, in minutes, regqwired for last 6" of water to com-
pletely seep away. Divide the time by 6 to obtain average time for 1 inch of
water to seep away.
d. Determine from Table II, seepage area (in square feet) required per
bedroom.
Note: Judgment is required in determining how soil conditions at time of
test vary from the year- around average. Where soil appears ex-
ceptionally dry the test should be repeated. In no case shall tests
be made in filled or frozen ground. Where fissured formations are
encountered, tests shall only be made under direction and supervision
of State Department of Health.
TABLE II
Data for Determining Field Requirement from Percolation Tests
Average time required for water to fall one inch in minutes
Effective absorption area (area in bottom of disposal trench) in
sq. ft. per bedroom
2 or less ------------------------------- 52*
3----------------------------------- - - -60#
4----------------------------------- - - -72*
5----------------------------------- - - -80#
10----------------------------------- - -105#
15 ------------------------------------- 126 #_
30------------------------------ - - - - -- -180
6o--------------------------------- - - - -240
Over 60-- - - - - -- Special design with seepage pits
Note: A minimum of 150 square feet of effective absorptive area
(100 lineal feet of 18 -inch trench) shall be provided per
living unit. See example 1.
TABLE III
Size and Minimum Spacing Requirements for Disposal Trenches
Width of Tr.
at bottom
in inches
18
24
30
36
Depth of Tr
in
inches
18 to 30
18 to 30
18 to 36
24 to 36
Effective Absorption
Area in
Sq. Ft. per lin. Ft.
1.5
2.0
2.5
3.0
Minimum Spacing
of lines c to c
in feet
6.0
6.0
7.5
9.0
b. Pipe used for the line between the septic tank and the distribution
box, on all lines within 10 feet of dwellings, under paved areas, or
driveways, and on all mail laterals from distribution box in fields
constructed on sloping ground shall be bell and spigot vitrified clay
or concrete with watertight joints.
Note: Such sections laid in the disposal field shall not be
considered in determining the effective absorption area.
c. Field tile used inthe disposal field shall be not less than
4 inches in diameter and —shall be laid with 1/4 inch open joints.
1. All open joints shall be protected, on top, by strips of
asphalt- treated building paper at least 10 inches long and
3 to 6 inches wide.
2. All bends used in the disposal field shall have one tight
joint at each end of the bend.
d. Filter material shall be crushed stone, gravel, slag, clean
cinder, or similar material having sufficient voids and shall be ac-
ceptable to the health authority having jurisdiction.
1. Such material may vary from z to 212 inches in size.
2. Stone, gravel and slag shall be free of dust, sand, or
clay; cinders shall be free of ashes or excessive fine
material.
3. Material used on top of the tile shall be sufficiently
fine or shall be graded so as to prohibit filtering of
backfill material into the tile lines.
4. The filter materials shall completely encase the tile in
accordance with Paragraph 4a9 and 10 above, except that
disposal trenches constructed within 10 feet of large trees
or dense shrubbery shall have at least 12 inches of filter
material beneath the tile.
e. Grade boards, securely staked in the bottom of the trench, shall
be provided for all lines except where bell and spigot pipe are used.
1. Where necessary to maintain proper grade and cover a line
may be terraced by construction of a suitable brick or
concrete drop box, or by use of ells with cemented joints.,`
Section Three
The words "where city sewerage disposal facilities are not
available" or the like as used above means where no city sewer main is
located in a street or alley adjacent to the dwellinghouse or business
requiring sewerage disposal facilities.
Section Four
Any person who violates this ordinance by constructing and main-
taining a septic tank contrary to the specifications above set out shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be
fined any sum not exceeding $100.00. Each separate day that said violation
shall continue shall be considered and constitute a separate offense.
Section Five
The fact that there are sections of the city which do not have
sewer mains available for connection with residential buildings or
business buildings which may be constructed in the future creates an
emergency and an imperative public necessity that this ordinance go
into effect immediately from and after its passage and publication as
provided by law; and any provisions of the ordinances of the City of
Stephenville or of the law providing otherwise are hereby suspended.
PASSED AND APPROVED this __L� day of A -,�. , 1959.
Mayo
ATTEST: — >,d &6
Ci /Secretary
I do hereby certify that a true and correct copy of the above
and foregoing ordinance was duly published in the Stephenville Daily
Empire in the issue of the �c� day of � 1959.
SWORN TO AND SUBSCRIBED before me this day of , 1959•
Notary Public, Erath Couftty, Texas
Texas- t4ighwayDepartment
Form D -15 -37
Page 1 of 6
STATE OF TEXAS
COUNTY OF TRAVIS II
CONTRACTUAL AGREEMENT
FOR
RIGHT OF WAY PROCUREMENT
(CITY FORM)
COUNTY ratb _
PROJECT .,Ifl -- 79
HIGHWAY ITS 67 and US 477
This agreement entered into this X02 day of '2, -jam , 19-5-1,
by and between the State of Texas, acting by and through a Texas H g way Department,
hereinafter called the State, and Texas, dl
acting by and through its duly authorized official under Ordinance dated or 8
day ofp�j�JL� , 19 5_8, hereinafter called the City.
WHEREAS, the State has deemed it necessary to make certain highway improvements in con-
junction with Highway No. US 67 and 10 377 located between W-st p y Limit of
S te.�h[+nvillr and HS High 2A1
and which section of highway improvements will neces-
sitate the acquisition of certain right of way, and
WHEREAS, it is agreed that such right of way purchase shall be by joint effort of the
State and the City;
NOW, THEREFORE be it AGREED that acquisition of such right of way shall be in accordance
with the terms of this contract. The State hereby authorizes and requests the City to
proceed with acquisition and the State agrees to reimburse the City for its share of the
cost of such right of way providing such acquisition and reimbursement are accomplished
according to the provisions outlined herein and agreed to by both parties hereto.
LOCATION SURVEYS AND PREPARATION OF RIGHT OF WAY DATA: The State, without cost to the
City, will do the necessary preliminary engineering and title search in order to supply
to the City the data and deed instruments required for right of way purchase.
DETERMINATION OF RIGHT OF WAY VALUES: The City agrees to make a determination of property
values for each right of way parcel by methods acceptable to the City and to submit to the
State's District Office a tabulation of the values so determined, signed by the appropriate
City representative. Such tabulation shall list the parcel numbers, ownership, acreage,
and recommended compensation. Compensation shall be shown in the component parts of land
taken, itemization of improvements taken, and (if a partial taking) damages, if any, or
enhancements, if any, to the remainder. This tabulation shall be accompanied by an expla-
nation to support the determined values, together with a copy of information or reports
used in arriving at determined values. Such work will be performed by the City at its
expense without cost participation by the State. The State will review the data submitted
and may base its reimbursement on the values as determined by this review. The State,
however, reserves the right to perform at its own expense any additional investigation
deemed necessary, including ;:ipplemental appraisal work by State employees or by employment
of fee appraisers, all as may be necessary for determination of values to constitute the
basis for State reimbursement.
If at any stage of the project development it is determined by mutual agreement between
the State and the City that there should be waived the requirement that the City submit to
the State property value determinations for any part or all of the required right of way,
Form D -15 -37
Page 2 of 6
the City will make appropriate written notice to the State of such waiver, such notice
to be acknowledged in writing by the State. In instances of such waiver, the State by
its due processes and at its own expense will make a determination of values to consti-
tute the basis for State reimbursement.
NEGOTIATIONS: The State will notify the City as soon as possible as to the State's
determination of value. Negotiation and settlement with the property owner will be the
responsibility of the City without participation by the State. The City will deliver
properly executed deeds with title in the name of the State supported by an acceptable
title insurance policy for each right of way parcel involved. The costs incidental to
negotiation and the costs of recording of the right of way instruments will be the res-
ponsibility of the City. The cost of title insurance will be the responsibility of the
State.
CONDEMNATION: Condemnation proceedings will be initiated at a time selected by the City
and will be the City's responsibility at its own expense except as hereinafter indicated.
Except as hereinafter set forth under "Excess Takings ", the City should file condemnation
proceedings in each case in the name of the State and in each case so filed the judgment
of the court will decree title to the property condemned in the name of the State. Where
it is determined to be necessary, the City may enter condemnation proceedings in its own
name. Property acquired for right of way in such case will be conveyed by the City to
the State supported by an acceptable title insurance policy. Eligibility for State reim-
bursement of values determined by such condemnation proceedings shall be subject to the
conditions as hereinafter outlined under the section entitled "Reimbursement ". The cost
of title insurance will be the responsibility of the State.
COURT COSTS, COSTS OF SPECIAL COMMISSIONERS' HEARINGS AND APPRAISAL EXPENSE: Court costs
and costs of Special Commissioners' hearings assessed against the State or City in con-
demnation proceedings conducted on behalf of the State and fees incident thereto, will
be paid by the City. Such costs and fees as are applicable to the requested right of
way, with the exception of recording fees, will be eligible for 50 per cent State reim-
bursement under the established reimbursement procedure provided such costs and fees are
eligible for payment by the State under existing State law. Where the City uses the State's
appraisers employed on a fee basis in Special Commissioners' hearings or subsequent appeals,
the cost of the appraiser of updating his report, of preparing new reports, preparing for
court testimony and appearing in court to testify in support of his appraisal, will be
paid direct by the City, but will be eligible for 50 per cent State reimbursement under
established reimbursement procedure provided prior approval for such appraiser has been
obtained from the State. The fee paid the appraiser by the City shall be in accordance
with the fee schedule set forth in the appraiser's contract for appraisal services with
the State. Reimbursement for court costs, costs of Special Commissioners' hearings and
the cost of the State's appraiser as herein set forth will not be paid by the State where
the property condemned involves an excess taking, unless the State approves the excess taking.
EXCESS TAKINGS: In the event the City desires to acquire land in excess of that requested
by the State for right of way purposes, the State's cost participation will be limited to
the property needed for right of way purposes. If the City elects to acquire the entire
property, including the excess taking, by a single instrument of conveyance or in one
eminent domain proceeding, the property involved will be acquired in the name of the City
and that portion requested by the State for right of way will be conveyed to the State.
The State's participation will be based on the State's approved value of that part re-
quested for right of way purposes, providing such approved value does not exceed actual
payment made by the City.
DISPOSAL OF IMPROVEMENTS: It is agreed that the State's participation in the cost of
improvements will be based upon approved values. The disposition of improvements may be
in accordance with State Highway Department Administrative Order 8 -57, a copy of which is
'Form'D -15 -37
Page 3 of 6
attached hereto and marked Exhibit "A ". Where the owner retains an improvement, which
is to be moved by either the City or the owner, the maximum amount in which the State
will participate is that figure derived from an application of the provisions of Adminis-
trative Order 8 -57. In the event the improvements which are in whole or part, a part of
the right of.way taking are not retained by the owner, title is to be secured in the name
of the State. The State will participate in the acquisition of a structure severed by
the right of way line if the part of the house, building or similar structure outside the
right of way cannot be reconstructed adequately or there is nothing but salvage left, and
provided title to the entire structure is taken in the name of the State. The State shall
dispose of all improvements acquired. Revenue derived by the State from the disposition
of any improvements will be credited to the cost of the right of way procured.
RELOCATION OF UTILITIES: If the required right of way to be acquired for this project
encroaches upon an existing utility located upon its own .right of way acquired for utility
purposes, and the proposed highway construction requires the adjustment, removal or re-
location of the utility facility, the State will establish the necessity, eligibility,
and approved firm commitment for the utility work prior to the actual accomplishment of
such work, and reach an agreement with the owners of the utility facilities and the City
on the exact lump sum amount of reimbursement based upon such prior appraisal. This agree-
ment will be accomplished by the execution of a three party contract among the State, the
City and the utility owners. The reimbursement by the City to the owners of the utility
facilities will be made after proper certiEication has been made that the work is accom-
plished, said reimbursement being on the basis of the prior lump sum agreement. The State
will reimburse the City in an amount equal to 50 per cent of this firm commitment as paid
to the utility owner. The foregoing is subject to the provision that the individual lump
sum approved value shall not exceed $20,000 except as specifically approved by the State.
In those cases where a single operation is estimated to exceed $20,000, the transaction
will be brought to the attention of the State for determination of proper handling based
upon the circumstances involved. Such utility firm commitment will be an appropriate item
of right of way. The adjustment, removal or relocation of any utility line on publicly
owned right of way by sufferance or permit will not be eligible for State reimbursement.
The tern "utility" under this contract shall include publicly, privately, and cooperatively
owned utilities except railroads.
FENCING REQUIREMENTS: Where fencing is to be a part of the cash consideration paid to
the property owner, the appraised estimated cost of fencing will be included in the
appraisal, the recommended value and the approved value.
Where the City performs right of way fencing as a part of the total right of way consider-
ation, the estimated cost of required fencing will not be included in the appraisal, the
recommended value or the approved value for each parcel. The State and the City will
reach an agreement prior to the actual accomplishment of work as to the necessity,
eligibility, and firm commitment of the entire fencing work to be performed on each project.
The State's 50 per cent reimbursement to the City will be made after proper certification
has been made that the work is accomplished and payment made therefor, said reimbursement
being on the basis of the agreement. The foregoing is subject to the provision that the
individual lump sum approved value shall not exceed .$20,000 except as specifically approved
by the State. In those cases where a single operation is estimated to exceed $20,000,
the transaction will be brought to the attention of the State for determination of proper
handling based upon the circumstances involved.
REIMBURSEMENT: The State will reimburse the City for right of way acquired after the date
of this contract in an amount not to exceed 50 per cent of the cost of the right of way
acquired in accordance with the terms and provisions of this agreement. The State's reim-
bursement will be in the amount of 50 per cent of the State's predetermined value of each -
parcel, or the net cost thereof, whichever is the lesser amount. The State will reimburse
the City in the amount of 50 per cent of the firm commitments for utility ,adjustments and
•
right of way fencing performed by the City in accordance with the terms and provisions of
Form D -15 -37
Page 4 of 6
separate contracts to be executed. The State's reimbursement for other right of way costs
are defined elsewhere in this agreement.
If condemnation is necessary and title is taken as set forth herein under the section
headed "Condemnation ", the participation by the State shall be based on the final judgment,
conditioned that the State has been notified in writing prior to the filing of such
proceedings and prompt notice is also given as to all action taken therein. The State
shall have the right to become a party to the proceedings at any time for all purposes,
including the right of appeal at any stage of the proceedings. All other items of cost
shall be borne by the State and the City as provided by other provisions of this agreement.
GENERAL: It is understood that the terms of this agreement shall apply only to right of
way authorized and requested by the Texas Highway Department which is needed and not yet
dedicated, in use, or previously acquired in the name of the State or City for highway,
street, or road purposes.
It is further understood that if unusual circumstances develop in the right of way acqui-
sition which are not clearly covered by the terms of this agreement, such unusual circum-
stances or problems will be resolved by mutual agreement between the State and the City.
CITY OF TEXAS
BY:
Mayor
ATTEST:
c PQ
THE STATE OF TEXAS
Certified as being executed for the
purpose and effect of activating and /or
carrying out the orders, established
policies, or work ograms heretofore
approved and ized by the State
Highway Comm's
By: S 9
Executed a State Highway Engineer and
approved for State Highway Commission.
RECOMMENDED FOR APPROVAL
District Efigineer .
Program Engineer
4^1_1 V "—Y ,
Chief Engineer of Highway Design
C
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Right of Way Engineer •a_9211i�f'
D -15 =37
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Exhibit "A"
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COMMISSION
MARSHALL FORMBYR `"'""'" TEXAS HIGHWAYe DEPARTMENT
N CRB CRY C. PETRY. JR.
AUSTIN IA, TEXAS
April 4, 1957
ADMINISTRATIVE ORDER N0. 8 -57
STATE NIONWAY LNOINCEN
O. C. CREER
IN REPLY REFER TO
FILE NO. DCG
SUBJECT: POLICY ON DISPOSAL OF IMPROVEMENTS ON STATE PURCHASED RIGHT OF WAY
TO: ALL DISTRICT ENGINEERS, ENGINEER - MANAGER AND DIVISION HEADS
Gentlemen.
The rapid progress of the State Right of Way Purchase Program indicates the
necessity of having a well defined policy for the disposition of improvements
purchased with highway rights of way. In arriving at a workable plan, the
Right of Way Division studied the procedures used by a number of cities and
states as well as the Texas Turnpike Authority. The most feasible plan ap-
pears to be one based upon the fixed percentage of the appraised value of
the improvement. The cost to the property owner to retain his improvement
will be figured as indicated below:
1. Frame Buildings
(a) Pier or Block Foundation. The owner will be permitted to
retain this type of structure if he consents to reducing the
purchase price for his property by an amount equal to 20% of
the appraised value of the retained improvement.
(b) Continuous Beam Foundation. The owner will be permitted to
retain this type of structure if he consents to reducing the
purchase price for his property by an amount equal to 15% of
the appraised value of the retained improvement.
(c) Concrete Slab Foundation. The owner will be permitted to
retain this type of structure if he consents to reducing
the purchase price for his property by an amount equal to
10% of the appraised value of the retained improvement.
2. Brick, Rock, Stone, Veneer and Stucco Buildings.
(a) Pier or Block Foundation. The owner will be permitted to
retain this type of structure if he consents to reducing the
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D -15 -37
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Exhibit "A"
-2-
purchase price for his property by an amount equal to 15% of
the appraised value of the retained improvement.
(b) Continuous Beam Foundation. The owner will be permitted to
retain this type of structure if he consents to reducing the
purchase price for his property by an amount equal to 10% of
the appraised value of the retained improvement.
(c) Concrete Slab Foundation. The owner will be permitted to
retain this type of structure if he consents to reducing
the purchase price for his property by an amount equal to
5% of the appraised value of the retained improvement.
3. Miscellaneous Improvements, e.g., well pumps, fences, etc., may be
retained by the owner if he consents -to reducing the purchase
price for his property by an amount equal to 20% of the ap-
praised value of the retained improvement.
Any improvements bought under the State Right of Way Purchase Plan which are to
be sold and not relinquished to the property owners in accordance with the above
plan will be disposed of through the Board of Control. Where an owner elects
to retain improvements under the above procedure, the Contract of Sale.or the
Memorandum of Agreement shall include a provision covering the agreement and
fixing a time limit for removal of the improvement.
In anticipation of the possibility of the property owner desiring to retain his
improvements, the appraisal report reviewer shall establish the basic offer value
of each improvement which recommended price should be forwarded to D -15 along
with the recommended offer price for the total parcel.
Me yours
Greer
State Highway Engineer
Distribution:
District Engineers
Resident Engineers
Engineer - Manager
Division Heads