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Min 10/25/1985 60 Wichita Falls, Texas Memorial Auditorium Building October 25, 1985 Items l & 2 The City Council of the City of Wichita Falls, Texas, met in called joint session with the Clay County Commissioners on the above date in the Council Room of the Memorial Auditorium Building at 1:30 o'clock P.M. , with the following members present. Gary D. Cook Mayor Charles Harper Charles Thomas Bill Palmer Councilmen Craig A. Wilson James A. Welburn James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Lindsey Walker Absent Fred L. Werner Absent Judge Bill Nobles also called the meeting of the Clay County Commissioners to order. Those present included Maud Liggett, of Precinct 1 , Les Lide of Precinct 2, C. F. Copelin, of Precinct 3, and Elmer Allison, of Precinct 4. I The invocation was given by Councilman Harper. Mayor Cook requested Public Works Director George Bonnett to give us an update on the situation at the Henrietta Bridge, which spans Lake Arrowhead at one point. Mr. Bonnett stated that they first found a problem in this bridge in the middle of March, 1985. At that time they notified the Clay County Judge that they would have a problem, and placed a load limit of five tons on it. In June, they reduced the load limit to two tons. As of yesterday, they found an additional deflection. There is now a three-inch deflection on the East approach slab. It is inadequate to even support a passenger car. Just to make sure, they asked for an analysis from Biggs and Matthews, and they advised that the bridge should be closed immediately. Mr. Bonnett stated that we are exceedingly concerned about the safety of those who will use this facility, and they have to close it off for safety. The bridge was constructed as part of the Lake Arrowhead project, and probably constructed about 1965. The bridge itself is in good condition, but the problem is in the undermine of the east and west approach slabs. A crack had opened up in the bottom of the slab. The problem is on the approach. Mayor Cook asked if the Commissioners had any questions of the staff? There were none. Judge Nobles noted that some of the residents down there are concerned that they will have to detour 13 miles on dirt and gravel road. He agrees that the bridge will have to be closed temporarily for repairs. They would want to work out something so that it can be repaired. Mayor Cook pointed out that the bridge will have to be closed because of the Hazardous structure, and the liability and safety of the bridge. Mayor Cook noted that they would be looking to Clay County for these repairs. Judge Nobles stated that it is his opinion that they might give some financial assist- ance in a joint effort to keep the bridge open. Mayor Cook and Mr. Bonnett noted that the cost for bringing the bridge to a safe condition is $35-40,000 for the removal and stabilization of the approach slab, and pouring. It is probably a three-week construction time frame after the contract is mobilized. He would guess it would be a couple of weeks before we could get a contract going. Mayor Cook asked if it is possible to dedicate the bridge to Clay County, and let them take ownership and get the work done at their leisure? Clay County feels it would have to be brought up to an operable status before they do. Judge Nobles stated that they did not have the equipment to do the work. The State has indicated that they will not assist them. The State road stops just short of the Henrietta Bridge. 61 Items 1 & 2, cont'd. Mayor Cook stated that he would be agreeable to dedicate the bridge to Clay County. The bridge was constructed as a result of the removal of the bridge as it existed when the lake was built. Councilman Thomas noted that they moved the road about 100 yards so they could cross it at a narrower point. City Attorney H. P. Hodge stated that by looking at the maps, it looked like a little creek across there, with a small tinhorn crossing it. The new bridge was moved to the West about 100 yards so that it would not have such a long span. The City Attorney stated that he has not found an agreement, nor any discussion, about the legal ramifications of the bridge; however, the Texas Water Code addresses it by stating that the Commissioner's Court will change the road and remove the bridge, and the City would pay the expenses of it. Councilman Wilson asked the City Attorney to address ownership and main- tenance of the bridge. Mr. Hodge stated that it would appear to him that the bridge is built on our land. It was not built on the old right-of-way, and a segment of the road is built on land owned by the City of Wichita Falls. As to any agreement on ownership and control , it would appear that that segment of the road belongs to the City of Wichita Falls. As owners, he would consider that we would probably be responsible for it. If it gets in a dangerous condi- tion we would have the responsibility to take care that no one gets hurt on it. As to the responsibility of maintenance, he cannot tell them about that. Is it necessary that it remain open? Do we have a duty to close it? If it belongs to us, we do. Councilman Wilson asked if an easement for right of perscription does not run against City ownership? He asked if that property were owned by someone in Oklahoma, what would be the responsibility? If it becomes part of the public domain, would it be the responsibility of the County to maintain it? The City Attorney stated that as to any responsibility to maintain an easement of perscription, he would think that the public would use it at their own risk. Mayor Cook stated that the Council took a position in March that the bridge built 20 years ago necessitated constructing a bridge that belonged to the County. The City has never taken any responsibility of the bridge, except replacing what was torn up. The County should have maintained this bridge all along. The point being that Clay County has received substantial tax revenue, which the City of Wichita Falls has not. If the County does not want to take responsibility of the bridge as it requires repair, we will not be replacing it. We will just go ahead and close it. What was done 20 years ago was legally responsible, but was not carried forward to the obligation of what would happen later on in maintenance. The Council feels that the County has the responsibility of the bridge and maintenance. If something is not going to be done by Clay County, we would close the bridge. We do not intend to spend any money on this bridge. Councilman Thomas stated that we might donate it to the County, which should have been done 20 years ago. The Clay County Commissioners did not want to take it in the condition it is now. Mayor Cook stated that it was built with bond funds of the citizens , and we have not received any money from this during this period. We would be willing to dedicate this bridge to the County for its use henceforth. Commissioner Copelin stated that is not a County road. It has never been dedicated. Mayor Cook stated that it was an existing road and bridge, and the bridge was built at a narrower location to go across it. The City would have had to pay the County for the road and construction, but instead built the bridge themselves. There was a tin whistle in there at that time. Mayor Cook stated that along with the bridge, goes the road. We will be talking about dedicating the road and bridge for their use. Councilman Thomas noted that if it hadn' t been for the water there would not have been much development out there. Mayor Cook noted that improvements were made out there as a result of the bridge, and asked if they had any feel about the amount of taxes generated by those people out there? Someone had informed them that it was over $80,000 a year. The City of Wichita Falls receives no funds , and the County receives $80,000 a year. They feel the responsibility belongs to the County. Mr. Copelin stated that he would be willing to contribute some funds. Councilman Harper asked them what they planned to do? Mr. Copelin stated that he did not know, since they did not know how much it will cost. Mr. 62 Items 1 & 2 cont'd. Bonnett estimated that $40,000 would take care of the construction cost. Mr. Bonnett was complimented by the Council on not being too far off on estimates. Mr. Copelin stated that he would be willing to give $20,000, and the City of Wichita Falls take the bridge. The City Council did not agree to that. Mayor Cook stated that after this meeting is over, the bridge will be closed, and they do not have any intentions of spending any money on it or re-opening it. It has no benefit to the City taxpayers. The police will be asked to accompany our engineering people to close it, and perhaps ultimately to remove it. Judge Nobles stated that they have a problem with a mail route and school bus route. If they get the bridge, they will have to face it. The people who live out there want a road, and do not want to go 13 miles out of the way on a muddy road. If they knew they were going to take it, they should have done so before now. Councilman Harper asked what if the City of Wichita Falls did the design work, and the County and the people stood the other costs? Perhaps the City could take bids and help supervise it, and the County would pay whatever the contract was. Mayor Cook stated that they are prepared today to have Mr. Hodge prepare documents to dedicate the road and the bridge to the Clay County Commissioners. If they don' t want it the Police Department and Public Works Department will go out there and close it. We will be more than happy to assist them with expertise, but not spend any more money on it. Councilman Harper asked when a design could be completed, and Mr. Bonnett stated within two weeks. He estimated the design cost to be $4,000. Councilman Welburn asked what kind of constraints they anticipate in coming up with funds to repair the bridge? Judge Nobles stated they would have to put their budgets together. Councilman Harper noted that several people out there might want to donate some money. Janie Renton, a Clay County resident, asked about lessening the liability in fire and ambulance protection for them? She stated that she lives in Clay County, but she has a shop in Wichita Falls. She stated that she owns property in Wichita Falls, and pays taxes on it. She stated that the other road is not passable. Mayor Cook stated that we tore up something that the County owned and maintained from necessity, and we had to replace it. It may have been automat- ically assumed that it was owned by Clay County at that time. It came to surface when Mr. Bonnett brought to their attention the condition of the bridge. He went and talked to the Clay County people. There are tens of thousands of citizens and taxpayers in Wichita Falls affected by this. Councilman Wilson stated that his point is, who pays? There is a very important legal question that has to be answered. It is not because of the use or access of it, but who pays? He further stated that there are people who would say that that road was dedicated by perscription, and that is a very strong opinion. There was an assumption that someone else was going to take care of it. There was never any indication that we would maintain it. Mr. Berzina stated that it was done for the residents so they would have a way to get across. He stated that we have closed bridges in Wichita Falls, and he is far more concerned about the liability if that bridge falls, than her liability of going around it. This group does not feel this is one of our priorities. Lake Arrowhead residents petitioned to get out of the City, and at that time service went out the window. He further stated that Mrs. Renton should ask her elected officials. The City Attorney stated that he would much rather face the liability of fire and ambulance than the liability of the bridge falling in. Mayor Cook noted that Clay County might have to make another route acces- sible for their residents. 63 Items 1 & 2 cont'd. Judge Nobles stated that they will have to take the bridge if it is forced on them. The Commissioners will have to speak on it. Judge Nobles stated that the people at Bunny Run have a problem. The Commissioners don' t have any equipment to do this kind of work. They will have to get a contractor. Councilman Harper expressed that we are all the same people, and this is a very difficult problem. He feels we need to make some kind of compromise. Judge Nobles agreed that we should decide something here today. They can work something out. He stated that at some point in time someone will get hurt out there. Councilman Welburn noted that what they would find is that that impassable by-pass can be made passable. He asked what would happen if they did the design, take bids, put up some money for repair, and let Clay County bid the cost of repairs? The City Attorney stated that it would have to be put in writing, and make it an ironclad agreement. Mayor Crook asked about a not more than a 24-month payback to the City by Clay County, if the City did the work. One of the Clay County Commissioners did not even want the bridge until it was put back into the condition it was when it was built. Judge Nobles stated that if they have to they will take the bridge, and bite the apple. He suggested that they recess and talk with Commissioners and residents. They need to see where they are going to get the money. Mayor Cook stated that the City Council would have to find the money, also. There is not a consensus of the Council , either. Councilman Wilson stated that he would go along with $4,000 for the design but that should be the extent of our responsibility. He did not favor any of the other, such as bids, supervising, etc. He further stated that this did not come without notice. Responsibilities have not changed since last March. Councilman Welburn stated that he is not nearly as concerned about how we got here, but what are we going to do today? It is our fault if we don' t solve the problem, even though we did not cause it. Councilman Thomas stated that the Commissioners should oversee the construc- tion of the bridge. Councilman Palmer agreed. He would like this meeting to be the last one. Councilman Welburn would like to give them a bridge in a usable condition. Mayor Cook stated that we can probably get the bridge re-opened quicker than Clay County. Mr. Bonnett stated that we are looking at six weeks to get the job done. Moved by Councilman Thomas that we give the access roads to the bridge, and the bridge, to Clay County. Motion seconded by Councilman Wilson, and carried unanimously. Moved by Councilman Thomas that we furnish engineering and assistance in getting it to bid, but bids would be accepted by them, and they would oversee it. Motion seconded by Councilman Wilson. Councilman Harper stated that whoever designs the bridge needs to oversee it. Mr. Bonnett concurred, stating that it can be designed by one organization, and inspected by another, but he would prefer that the one designing it also inspect it. We are swamped with Holliday Creek. They could get an engineer to design it, who would also inspect it. Councilman Thomas noted that the City could pledge $4,000-$5,000 to them for design. An amendment was moved by Councilman Wilson to provide $4,000 to be given to Clay County to get an appropriate engineering firm for engineering on the bridge repairs. Motion seconded by Councilman Palmer, and carried unanimously. Mr. Berzina stated that until we have the document in hand, signed and sealed, it is still our bridge, and it has to be closed. 64 Items 1 & 2 cont'd. j Moved by Councilman Harper that the City of Wichita Falls offer whatever . help we can through expertise of the Public Works Department to assist Clay ; County in whatever matter deemed necessary in getting it to bid, and completed. Motion seconded by Councilman Welburn, and carried unanimously. The meeting recessed at 2:55 P.M. to allow Clay County Commissioners to discuss the offer. The meeting reconvened at 3:30 P.M. Judge Nobles stated that he has been authorized to speak for the Commis- sioners, and Clay County would assume the bridge and road if the City Council would go fifty-fifty on the cost of it. Councilman Harper asked what if we stood the cost, and let them have two years to pay it back? Clay County Commissioners would not agree to that. Mayor Cook stated that there is not a consensus on the Council about making money available on a 24-month pay back agreement. Mayor Cook stated that no other position from the Council was given except conveyance of the bridge and roads, and $4,000, plus utilization of the Public Works Department in assisting Clay County. Councilman Wilson proposed that we pay the entire bridge repair cost if they would pay for the operation of the landfill out there. The Commis- sioners stated that the landfill did not benefit them at all . Judge Nobles stated that Commissioner Liggett wondered if the Council might take $10,000 on just the bridge? Mayor Cook stated that the road, ramp and bridge would be conveyed to Clay County. Councilman Thomas stated that we have been more than generous with our offer. Councilman Wilson noted that we derive no benefit from giving them $4,000. The Clay County Commissioners stated that they would take $20,000 from the City of Wichita Falls, and take the roads, bridge, etc. Councilman Harper stated that from our point of view we have not compromised, and he would not j be in favor of that. Moved by Councilman Palmer that Clay County take the bridge and roads, and $10,000 toward repairs of that bridge, and that we sign appropriate papers dedicating the bridge and roads to the Clay County Commissioners. Motion seconded by Councilman Harper and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Palmer, and Welburn Nays: Councilman Wilson The Clay County Commissioners would like to make a decision on Monday in open court. Moved by Councilman Thomas that the City of Wichita Falls receive notifica- tion of acceptance no later than Tuesday morning, October 29, 1985, but the bridge will be closed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Palmer, and Welburn Nays: Councilman Wilson The City Council adjourned at 3:50 P.M. PASSED AND APPROVED this 'fi�_/'.'' day of / �, �, :2/ 19 : ry C Mayor ATTEST: Wilma J. Thomas, ,CMC, City Clerk