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Res 036-98 3/17/1998RESOLUTION NO. --J(, — A RESOLUTION DETERMINING POLICY FOR ADMINISTRATION OF LEASE LOTS AND PUBLIC SHORELINE PROPERTY, NOT PART OF LEASED LOTS, AT LAKES ARROWHEAD AND KICKAPOO; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, Lake Arrowhead and Lake Kickapoo serve as the principal water supply for the community; and, WHEREAS, recreational uses are a recognized asset for the community as a whole; and, WHEREAS, the general public is entitled use of property not under private lease as authorized. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS THAT: SECTION 1. The following policies for the administration of lease lots and public shoreline property, not part of leased lots, at Lakes Arrowhead and Kickapoo shall become effective immediately upon passage of this resolution: "PIERS AND DOCKS 1. Permits will be required for ALL EXISTING piers and docks by October 1, 1998. A one -time fee of $25.00 will be due upon application. Permits must be renewed annually (no annual fee to be imposed as of this date). If lessee does not have a water front lot, only one (1) existing off -site facility of any type (pier, dock, boat house, or crappie house) shall be permitted. (Any permitted off -site facility must be removed by permit holder by October 1, 2005. Permits for off -site facilities are not transferable upon sale of improvements on leased lot or death of lessee. In these instances, any facility must be removed.) 2. The pier and dock permit is, and shall remain, separate from any past or future construction /building permits and is solely for the purpose of inspection and identification. The application will be approved and numbered signs issued which must be permanently affixed to the facility if inspection reveals no apparent hazardous or dilapidated conditions. (Rusted, rotten, and /or unprotected building materials shall not be acceptable.) An additional fee of $25.00 shall be imposed if facility fails the second re- inspection. If subsequent inspection fails, applicant shall be assessed costs for removal and administrative fee of $100.00 which shall become due and payable at the next lease payment due date on the applicant's leased lot. Failure to pay assessed costs shall result in the termination of the lease. 3. Any UNPERMITTED pier or dock remaining after October 1, 1998 shall be subject to removal by the City of Wichita Falls with all costs assessed to lessee as previously outlined. BOAT HOUSES AND CRAPPIE HOUSES 1. Permits shall be required for all existing enclosed structures (boat houses and /or crappie houses) located on the lake waters by October 1, 1998. A permit fee of $100.00 is due upon application. Permits must be renewed annually for a fee of $100.00, due on or before October 1 of each year until October 1, 2005, at which time all permits will expire. All enclosed structures must be removed or renovated under a building permit by October 1, 2005 so as not to be considered an enclosed structure. (Covered docks will be considered an acceptable renovation.) 2. Permits shall be required by October 1, 1998 for all existing stationary enclosed structures (boat houses and /or crappie houses) attached to a leased lot or adjacent to the waters of the lake with a non - exclusive right -of -way easement, and right of use of the lands between the leased premises and the lake waters and located above the surface of the lake waters. A permit fee of $100.00 is due upon application. Permits must be renewed annually for a fee of $100.00, due on or before October 1 each year, for as long as the structure is maintained. 3. If lessee does not have a water -front lot, only one (1) existing off -site facility of any type (pier, dock, boat house, or crappie house) shall be permitted. An off - site boat house or crappie house shall also require execution of a REMOTE LEASE. The annual fee for a Remote Lease shall be $60.00. Lessee shall have a non - exclusive right -of -way, easement, and right of use to the shoreline, but not prohibit the use of the shoreline to the public. Off -site permits and Remote Leases are only available to current lessees. They are not transferable upon sale of improvements on the leased lot or the death of lessee. All permits for off -site facilities and Remote Leases shall expire on October 1, 2005, and all enclosed structures must be removed by that date. 4. Applications will be approved and numbered signs issued which must be permanently affixed to the structure if inspection reveals that no restroom facilities or living quarters of any kind exist, no apparent hazardous or dilapidated conditions exist, and that the structure is being properly maintained overall. (Metal drums are not a permitted means of flotation and rotted, rusted, and /or unprotected building materials are also not permitted.) Enclosed structures must be readily accessible for inspection at all times, have adequate windows for interior inspection, or lessee must be on -site for any required inspection. 5. An additional fee of $100.00 shall be imposed if structure fails the second re- inspection. If subsequent inspection fails, applicant shall be assessed costs for removal and an administrative fee of $250.00, which shall become due and payable at the next lease payment due on the applicant's leased lot. Failure to pay assessed costs shall result in the termination of the applicant's lease. 6. If enclosed structures of any kind are deemed to be a contaminant to the water supply or are required to be removed by any authorized governmental agency, all permits and /or Remote Leases shall be canceled and immediate removals shall be required at that time and all previously established deadlines shall become invalid. 7. Any UNPERMITTED structure remaining on or over the lake waters on October 1, 1998 shall be subject to removal by the City of Wichita Falls with all costs assessed to lessee as previously outlined. 8. The public fishing barge known as Ace Fishing Barge, which is attached to a commercial lease, is excepted from this policy and shall continue to be governed entirely by the commercial lease agreement in effect. DEVELOPMENT ACROSS ROADWAY FROM LEASED LOTS 1. An ACCESSORY LEASE shall be required for lessees with existing improvements located on property located across a roadway from the leased lot by October 1, 1998. 2. The annual rental amount for an Accessory Lease shall be $60.00. The Accessory Lease shall be subject to review and adjustment at the same five year review period as the original lease. Any rental increase shall not exceed thirty percent (30 %) of the lease assessed during the preceding review period. 3. The term of the Accessory Lease shall be for a period not to exceed five (5) years and for no longer than the pending review period on the original leased lot. 4. The property leased as an Accessory Lease shall be described by the addition of an X to the description of the original lease. (If the description of the original lease is Lot 19b, Block B -North, the Accessory Lease shall be described as Lot 19b X, Block B- North.) The plat on file in the office of Lake Lot Administration as to lots and blocks of Lake Kickapoo shall control the location of same and the City of Wichita Falls will be under no obligation to conduct a survey of the premises. 5. An Accessory Lease is transferable with the original lease upon sale of the improvements on the original lease. The transfer fee for the Accessory Lease shall be $75.00. 6. Only existing structures or improvements shall be allowed on an Accessory Lease. Existing structures or improvements must be maintained in good repair, with building permits required for any repairs, or they must be removed. No hazardous or dilapidated conditions shall be permitted. No new or additional improvements or habitable structures shall be permitted. Lessee shall furnish a listing of all existing improvements and current photographs of such to be included in the lease file at the time of execution of the lease. 7. Lessee shall have a non - exclusive right -of -way, easement, and right of use to the shoreline, but may not prohibit the use of the shoreline to the public. 8. If the lessee of the original leased lot declines to execute an Accessory Lease by October 1, 1998 for property with existing improvements or structures, the lessee shall remove all such improvements or structures by October 1, 1998 and restore the property to original condition to the extent possible. Any and all improvements or structures located on property not under a lease agreement by October 1, 1998 shall be subject to removal by the City of Wichita Falls with the costs of removal and an administrative fee of $100.00 assessed to the responsible lessee and become due and payable at the next lease payment due date on the applicant's leased lot. Failure to pay assessed costs shall result in the termination of the lease. LAKE KICKAPOO GARDEN LEASES 1. A GARDEN LEASE shall be available to Lake Kickapoo lessees for current City - held lots adjacent to the primary lease for recreational and /or gardening purposes in those situations where such lots will not require additional public improvements for ingress or egress or the furnishing of any public utilities. 2. The lessee shall be responsible for any required cleaning of the property. 3. The annual rental amount for a Garden Lease shall be $120.00 as is the current Garden Lease available at Lake Arrowhead. 4. Said lots may be leased for a term of five (5) years and shall be subject to the same terms and conditions of the existing Garden Lease available to Lake Arrowhead lessees. ITEMS. STRUCTURES, ETC. PLACED ON PUBLIC PROPERTY 1. Any items, structures, improvements, including but not limited to fences, picnic shelters, storage buildings, piers, docks, boat houses, crappie houses, etc., which are found to be placed on any public property, not a part of a leased lot, shall be subject to removal by the City of Wichita Falls upon discovery of such." SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 17th day of March 1998. ATTEST: Citv Clerk G,dL