Res 060-2010 5/4/2010 RESOLUTION NO. 60-2010
Resolution Adopting an Encroachment Policy Regarding Lake
Wichita And Adjacent Surrounding Property Owned By The City Of
Wichita Falls
WHEREAS, the property boundaries and ownership issues at Lake Wichita have
repeatedly been questioned and have been difficult to clarify; and
WHEREAS, the City of Wichita Falls believes that to be a good property steward
as well as good neighbor, it must be able to identify its property in its effort to maintain it
and protect it; and
WHEREAS, Proven Cornerstone Engineering, PLLC has surveyed and is ready
to establish the property boundaries by placing markers and rods;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. The attached Lake Wichita Encroachment Policy is adopted.
2. The City Manager is authorized to execute all documents necessary or
appropriate to establish property boundaries, clear up encroachment or boundary
issues, and enforce the aforementioned policy.
PASSED AND APPROVED this the 4th day of May, 2010.
MAYOR
ATTEST:
� �
ity Clerk
LAKE WICHITA ENCROACHMENT POLICY
I. Principal structures or partial encroachment of principal structures on City property will
require either lease of the land the encroachment is sitting on or removal of the
encroachment. Applicable rent amounts shall be based on a sliding scale:
Commercial Scale - 10% of rental income derived from city-owned property;
Residential Scale -$1,200 annually for entire residence on City property;
$200.00 annually for any encroachment of other permanent
structures, including but not limited to, partial residences,
garages, storage buildings, storm shelters, etc.
Lease shall be for a period of five years that can be terminated upon removal of the
encroachment or with one year's notice from the City. Renewal will be reviewed every
five years with a potential for the City to raise the rate no more than 30% at each review.
II. Elements over the water such as piers and docks shall have a one time
permitting/application fee of $25.00 and an annual inspection fee of $50.00.
Boathouses and Crappie Houses will have a one time permitting/application fee of
$25.00 and an annual inspection fee of $100.00. This is the same policy and fee
structure currently in effect for over water structures at Lake Arrowhead and Lake
Kickapoo. Since Lake Wichita is not part of the drinking water supply, crappie houses
or boathouses would not have the same regulation for side removal as imposed for
other lakes.
III. Changes in the nature of dredging and/or fill that have been made prior to this survey
will be reviewed on a case by case basis with regards to letting it remain or having it
corrected, depending on whether it has any effect or interference with adjacent property
owners or the City. From this point on no additional dredging, filling, or grading shall be
permitted without the written permission of the City.
IV. Underground elements such as septic systems or geothermal systems that are currently
in place shall be allowed to remain until such time as they require replacement. Upon
replacement they shall be relocated on the owner's property. They will also be subject to
an encroachment lease of $200.00 per year.
V. In the event of non-compliance regarding the encroachment fee or removal of
the encroachment, the City will need to make a determination on what action we will
take of the listed options:
(1) Auction off the encroaching structure
(2) Demolish or remove the encroaching structure
(3) File a lawsuit against the encroacher requesting a declaration and/or injunction,
at which time the encroaching party will have the option of filing a declaratory
judgment proceeding against the City, which could result in an expense to the
City if the encroacher wins the declaratory judgment.
MAINTENANCE
It is the intent of the City to facilitate the natural development of its land between private
ownership and the lake itself. Adjacent property owners may mow those areas if they wish to
do so.
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The cost of the encroachment will be the value of the land as determined by a
fair market appraisal. The appraisal cost will be at the expense of the
owner of the encroaching structure.
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II. Any encroaching accessory structures will have to obtain a permanent
encroachment agreement for the life of the structure or remove the
structure from the City property. This would include garages, storage
buildings, storm shelters, retaining walls, concrete boat ramps, fences,
etc. All encroachments, including surface or ground encroachments will
require an appraisal and an encroachment agreement. Encroachment
values will be based on a fair market appraisal. Unlike encroachments
within the City limits, there will not be a$1,000 minimum. The appraisal
cost will be at the expense of the owner of the encroaching structure.
Repairs to the encroaching structures is permissible, but they can not be
replaced or enlarged.
III.
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agreement based on the appraised value of the land and the square footage of
the encroachment. The will be no $1,000 minimum and the appraisal cost
will be at the expense of the owner of the encroaching structure.
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(Property Management will meet with the City Manager and the City
Attorney with recommendations and a decision will be made on how to
proceed).
,LAKE WICHITA ENCROACHMENT POLICY I Formatted: Font: �� pt �I
Fortnatted: Font: 11 pt -'
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I Formatted: Indent Left: 0", �
I. Princi al structures or artial encroachment of tltlCl al structures on Cit f0 @ft WIII� Hanging 0.5", No bullets or I
p p p p Y P P Y numbenng, Don t adjust space
require either ease of the land the encroachment is sitting on or removal of the between Latin and Asian text, �on�c
encroachment. ,4pplicable rent amounts shall be based on a slidinq scale: ad�ust space benveen nsian texc and
numbers
� ,Commercial Scale - 10% of rental income derived from city-owned property; �� pur�nase
Residential Scale -$1,200 annuallv for entire residence on Citv propertv; �`Forn,atted: Font: ii pt �
$200.00 annualiv for any encroachment of other permanent Deleted: The cost of the
structures includinq but not limited to partial residences encroachmentwillbethevalueofthe
araqes storaqe buildinqs storm shelters 2tC. land as determined by a fair market
g. appraisal. The appraisal cost will be
at the expense of the owner of ".. 1
Lease shall be for a period of five years that can be terminated upon removal of the
I Formatted: Font: 11 pt �
encroachment or with one vear's notice from the Citv. Renewal will be reviewed every ���: ¶ �
five years with a potential for the City to raise the rate no more than 30% at each review. ;" Forn,atted: Font: (�efauit) a,riai
II. Elements over the water such as piers and docks shall have a one time� � ( FO 1 '"'a� _ ••�_LL!
permitting/application fee of $25.00 and an annual inspection fee of $50.00. ( Forn,atted: For,c: ii pc '
--_ �
Boathouses and Crappie Houses will have a one time permitting/application fee of pe�eted: �v
$25.00 and an annual inspection fee of $100.00. This is the same policy and fee ; Forn,atted ,,
structure currentiy in effect for over water structures at Lake Arrowhead and Lake -°- - i
Kickapoo. Since Lake Wichita is not part of the drinking water supply, crappie houses I Formacted Font ii pt ,
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or boathouses would not have the same regulation for side removal as imposed for I Fo�matted: Font: ii Pc \!
other lakes. ', wrmatted: Font: i Pc '
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� w Il e ed on case bas�s w aega ds tolett ng�it re ng t p agreement ba sed on ;�bj
corrected„ dependmg on whether it has any effect or interference with ad�acent property - -'�
owners or the City. From this point on no additional dredging, filling, or grading shall be �Formatted: F onc: ii pc
permitted without the written permission of the City. I Formatted �l
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' Deleted:l
IV. Underground elements such as septic systems or geothermal systems that are currently ! Forn,acted: Font: ii pc
in place shall be allowed to remain until such time as they require replacement. Upon - '
replacement they shall be relocated on the owner's property. They will also be subject to ;-���� -
an encroachment �ase of $200.00 per vear. , Fcrmetted: Font: 11 pt 1
. Formatted : _ ,._�
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V In the event of non-compliance regarding the encroachment fee or removal o{ � Formatted ... f91 I
the encroachment, the City will need to make a determination on what action we will� �i� ¶
take of the listed options: -- - -�
�1) Auction off the encroaching structure � Formatted: Font 11 pt I
, - - - —�
,(2) Demolish or remove the encroaching structure De 1 �` ¶ _
;(3) File a lawsuit against the encr�oa�ch y requesting a de�claration an�d/or injunctio (Format�ed: Font: ii Pt _�
at which time the encroachin art will have the o tion of filin a declarato �eieted: ¶
judgment proceeding against the City, which could result in an expense to the j Form Font: ii Pc
City if the encroacher wins the declaratory judgment. �eieted: �P�oPerty nna�a9e
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�VIAINTENANCE , � Forn+atted: )ustified _ �
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Jt is the intent of the City Xo facilitate the natural development of its land between private Deleted: The _]
ownership and the lake itself. �djacent property owners may mow those areas �f they wish to peleted: will not mow or maintain
d0 SO. the areas
I F ormatted: Fo nt: 1 1 pt
` Fortnatted: Font: 11 pt �!
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� Formatted: Indent: First line: 0" �
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� Formatted: F ont: 11 pt ���
I Deleted: between their property and
the water line,
� Form Font: 11 pt �
' Format Font: 11 pt