HomeMy WebLinkAbout05-23-90 TC Min107
MEETING OF THE BOARD OF ALDERMEN
TOWN OF WESTLAKE, TEXAS
A Special Meeting of the Board of Aldermen of the Town of
Westlake, Texas was held on the 23rd day of May at 7:00 p.m.,
at the Dudley Ranch in the Town of Westlake, Texas. The
following were present:
Dale L. White, Mayor
Howard Dudley, Alderman
Alvin Oien, Alderman
,Sherry Dudley, Alderman
Jerry Moore, Alderman
Carroll Huntress, Alderman
Gerry White, Secretary
Paul Isham, Town Attorney
Bud Hauptmann, Town Engineer
Scott Bradley, Chairman, Planning and Zoning
Also attending the meeting were several people representing
the State Highway Department and the Lyda Hunt Bunker Trust.
Mayor White called the meeting to order at 7:17 p.m.
Minutes of the previous meeting were read by the Secretary
and approved as read.
The Mayor read a letter the Town had received from Mr. W. L.
Wimberley, P.E., District R.O.W. Engineer with the State
Highway Department regarding acquisition procedures of right -
of way property. (copy of letter is attached to these minutes)
The Mayor also made a short statement regarding highway 114
and proposed highway 170.
Agenda item #1. Consider a Resolution authorizing the con-
demnation of approximately 41.715 acres of land for highway
right-of-way in Tarrant and Denton Counties. Motion was
made by Alderman Alvin Oien, seconded by Alderman Carroll
Huntress to pass and approve Resolution #2-90, a resolution
determining the necessity of acquiring approximately 41.715
acres of land located in Tarrant and Denton Counties. Follow-
ing discussion, Motion was voted on and carried unanimously.
Agenda item #2. Consider a Resolution authorizing the con-
demnation of approximately 0.886 acres of land for highway
right-of-way and 2.359 acres for drainage easements in Denton
in Denton County, Texas. Motion was made by Alderman Sherry
Dudley, seconded by Alderman Carroll Huntress to pass and
approve Resolution #3-90, a resolution authorizing the con-
demnation of approximately 0.886 acres of land for highway
right-of-way and 2.359 acres for drainage easements in Denton
County, Texas. Following discussing motion carried by
unanimous vote.
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Agenda item #3. Executive Session: The Board convened in
executive session at 9:05 p.m. to consult with its attorney
in regard to the lawsuit filed by R. Carter Pate,Liquidating
Trustee against the Town.
The Board reconvened in open session at 10:03 and the fneet-
ing was adjourned.
Approved:
Dale L. White, Mayor
Attest:
Gerry White, Secretary
WESTLAKE CITY COUNCIL MEETING
CITY COUNCIL MEETING
MAY 23, 1990
MAYOR WHITE: The meeting will come to order, Will
the secretary please read the minutes of the last meeting?
MS, GERRY WHITE: The regular meeting of the board of
Aldermen in the town of Westlake, Texas, was held on the
7th day of May, 1990, at 7:00 P,m, at the Dudley Ranch in the
Town of Westlake, Texas ,
The following were present: Dole White, Mayor;
Howard Dudley, Alderman; Sherry Dudley, Alderman; Alvin Oien.,.
Alderman; Carroll Huntress, Alderman; Jerry Moore, Alderman;
Paul Isham, Town Attorneyj Bud Hoffman. Scott Bradley,
Chairman of Planninu and Zoning; Gerry White. Secretary,
Also attending the meeting were several gentlemen
representing the Lyda Hunt -Bunker Trust, the Perot Group and
Praffic Consultants. incorporated,
The meeting was called to order by the Mayor at
700 p.m. Minutes of the previous meeting were read by the
secretary and approved as read.
Item number 1. counts of the returns of the election
held an May 5. 1990, The secretary read the results of the
election. For Mayor Dole White, 14 votes. For Alderman Sherry
Dudley. 14 votes. ForAlderman Howard Dudley. 14 votes,
Item number 2, adminstered oath of office to the
successful candidates. The secretary administered the oath of
WESTLAKE CITY COUNCIL MEETING
office to the candidates,
Item number 3, the Board of Aldermen convened in
executive session at 7:20 pm. The board reconvened in regular
session at 8:05 pm.
Item number 4, considering agreement between
Hillwood Freeway Limited and the town of Westlake for
reimbursement of the cost and acquisition expenses for the
right-of-way, for the construction of State Highway 170 and the
relocation of U.S. Highway 377 and authorizing the Mayor to
execute same.
Motion made by Alderman Alvin Oien to pass and approve
resolution number 1-90 as amended, a resolution approving an
agreement with Hillwood Freeway Limited for the acquisition of
right-of-way for State Highway 170 and U.S. Highway 377 and
authorizing the Mayor to sign the same.
Motion was seconded by Alderman Howard Dudley. VOted
on and carried unanimously.
Item number 5, consider resolution authorizing the
condemnation of approximately 41.715 acres of land in Tarry
and Denton Counties.
Presentation by Albert Huddleston, Art Anderson and
Robert Grammar representing the Luda Hunt-Bunker Trust.
Mr. Huddleston displayed maps, and the group voiced their
opposition to proposed resolution.
Mr. Hayes Linsley -- I guess that's right -- and
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WHESTIAKE CITY COUNCIL MEETING
Mr. Plichael Weaver representing the Racatv6reup voice0slQ111
Malion made by Alderman Carroll Hvatrovv, seAoAded by
j0derman Alvin,,.-.,, that the Board of Alderman not take any
laction on itemnumber 5 and item number 6 at this time.
A very lengthy discussion followed, Motion was made
I by -- seconded by Alderman Howard Dudley, voted on and carried
1 Ur!0nin10LJSlY
Motion made by Alderman Carroll Hufrs t
I mmlx bo that the Board not to action on the condemnation
resolutions tonight; that we authorize the town attorney to
!convey offers to purchase right -of -Hay to the trustees of the
!Lyda Hunt -Bunker Trust and the H,B. Hunt Liquidation Tr'pis t,4w*
A.1herr
Motion was secoo4ed by Alderman Howard Dodley,
Alderman Carroll Huntress, Alderman Howard Dudley, Alderman
!Sherry Dudley and Alderman K Oien voted for the motion,
majority.
Aid 4 abstelved. Motion carried by
item number 7, consideration of an ordinance
I Motion was made by
,abolishing a conservation and reclamation district in Tarrant
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WESTLAKE CITY COUNCIL MEETING
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and Denton County and in the Town of Westlake and known as Lake
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TUrner Municipal Utility District Number 2 of Tarrant County
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and Denton Countygxgxx.
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Motion sed=ed by Alderman A! 816n, After
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discussion, motion was voted on and
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item number 8. consideration of -- consider an
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ordinance a. -A k, -IFLi m t, 13 Motion was made
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by Alderman Howard DQA!e-.y to adopt e 1023 a n,
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ordinance abolishing a conservation and reclamation district in
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Tarrant and Denton County and in the Town of Westlake and known
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as Lake Turner Municipal Utility District Number 3 of Tarrant
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County and Denton County, Texas.
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Motion was sacented by Alderman Al :,r , M o1l"a"ue
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voted on a n d --umv* metv'si,
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Item number 9, appoint a Motion by
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Alderman Howard Dudley to appoint Alderman A1%@!#n2Moyor
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pro tem. Motion seconded by Alderman Sherry Dudley, Voted on
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and carried unanimously.
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There being no further business to come before the
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Boord, the meeting was adjourned.
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MAYOR WHITE: Any corrections?
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(No response,)
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MAYOR WHITE: Minutes stand approved as read.
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Just to bring up the history of this highway system,
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i'd like to read a little section that I've prepared here,
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! S"?s +tea E CITY
COUNCIL
r1"°"r' MEETING
Starting with some of the functions of the lost meeting, and
hat is during the regular ar i a es..3,n of May 7. 1990. he Board of
"kidermen agreed F., wait t.. Ri condemn i.. 1. L.. "...E" i n properties {.kii,.%.
to e r the May 11th decisionof the State
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and Public Transportation t ion t accept Albert Hudd yes a ' s
proposal or not.
And then I received a letter dated May the 14th. 1990,i
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from Mr. W.L. Wimberley.District s t ..... ' , 2 L " s� s i "." W a y Engineer of the
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State Department Highways and Public Transportation. FI! just
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read part of ,the letter here,
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"Dear Mayohit it now appears that t th subject
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rimit-of-way parcel will need to be acquired by the town of
OestiaKe, We are authorized to initiate aeoulsitl4b proceduresI
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1which comply Nith state a n federal guidelines for right-of-way
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The
appraisal
'ipp reports prepared
¢^mayed Mr,
["{ o (" g
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submitted to this office by Mr. !sham are in substantial
compliance wt these guidelines,
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And further the history of the highway system in this
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area. Several years o m 3 Y Town f Westlake a ? dd IBM,
s McGuir homers, and Mr, N,B, Hunt awo;"ked on a plan to update
H i g h w a y 114 t o a e�. � �=�` � ..����.�� � - a � � � . , � � �� Y�
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realized that that development in this area without =a supe io
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highway s yt m would cr" tmonster, s monster that we could
not Live with
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WESTLAKE CITY COUNCIL MEETING
The Roanoke by-pass to the north and the Highway 170
to the south around Roanoke. both extending to i-35, just
sweetens the pot. This just might be the first time a highway
system was built before the need. And I do think that this
highway will actually be built prior to the true need of it.'''
However, due to
the nature of the matter, tb,�, �,pv,a *
a " go, utn�A� --a Vart1m
And we shall now start with item 1
V44'?
MR. PATE: Thank you, Mayor,
MR, ISHAV Before -- Mayor, excuse me. Before
Mr. Pate addresses the Board, it may be be worthwhile for me to
mention to the Board this, in light of what you did at your
last meeting, i did contact the highway department and talked
to both Roger Welch and Bill Wimberley on Monday, May 14th, to
inqUire c v�,w te Ae,
fr
A n d t h e y i n f o r m e d m e t h a t t h
a C's
Therefore, on the some day, Monday, May 14th, I
hand -delivered to the various parties at interest, as it
pertains to Westlake, both the NBH Liquidating Trust, as well.
as the trustees for the Lyda Hunt -Bunker Trust, Hritten offers
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WESTLAS's E CITY COUNCIL MEETING
to acquire the property,
And those were delivered,
as i say, on May IL�th,
h-64 *6&-c ff*ffjr
il?� W - -401000
Lipab Las ohyvrwert ton
And earlier this evening
i had a discussion with
representatives of one of the four
beneficiary trusts of the
Lydo Hunt -Bunker Trust, that being
the Halovw*uddlesta
BRneficiarm0rult, about some of the
issues in acquiring that
right -of -way,
But i wanted the Board to
have that background before
!you received public comment,
MAYOR WHITE: Okay,
RRvQ*TV Mayor, Board of
Aldermen, and Secretary
sS White and citizens of Westlake, I
don't come here to have any
comment about tonight's procedures
and have none, Since I was
,not aware of the lost hearing that
you had concerning the
action that was taken on the property
of the Circle T with
regards to MUD 2 and 3 and wasn't
able to speak at that, i
Aanted to, And thank you for the
time to make this comment to
1 you,
i am Carter Pate, I am the trustee of the N,B,H,
Liquidating Trust, As you have been previously advised, the
NBH Liquidating Trust is now the owner of Circle T Ranch, And
We understand that the Town of Westlake, purporting to
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WESTLAKE CITY COUNCIL MEETING
act through its Board of Aldermen, recently enacted Town
Ordinance No, 181 and 182 which purport to abolish Lake Turner
Municipal Utility Districts number 2 and number 3.
Please bed vised that your action toundial erally
declare those districts dissolved is without legal authority,
Your attempt to dissolve the districts are in direct conflict
with specific legislative requirements governing the terms and
conditions under which those districts may be dissolved,
Your purported factual findings, with respect to need
for the districts and the best interest of the residents and
property in the district, contains no factual basis whatsoever
and are deerned by the trust to be further evidence of your
illegal and unlawful efforts to prohibit reasonable development
of the Town of Westlake in general, and the Circle T Ranch in
particular,
We are also concerned with the extent to which youi-
=W-z
actions may have violated the Texas Open Meeting Laws, :14
yqont to
MR. PATE: 1 was not specifically looking for a
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thereby reinstating
Lake Turner
Municipal Utility
Districts
No. 2 and 3, And i
thank you
for your time.
MAYOR WHITE: We have
a letter
just about verbatim to
that. Should
we respond?
MR, !SHAM: i don't
think it's
necessary, unless you
yqont to
MR. PATE: 1 was not specifically looking for a
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WESTLAKE CITY COUNCIL MEETING
response,
M A,-Yy,-,-QRNW*@T Of—S+, 73MN;
s0messio4p. And it's very difficult to sit here and swallow
!that,
MR. PATE: i understand. Mayor,
MR, OIEN: Keep in in it wouldn't make any
difference.
MAYOR WHITE: Consideration of a resolution
authorizing the condemnation of approximately 41,715 acres of
10nd for highway right-cf-way in Tarrant and Denton Counties,
MR, WILLIAMS: Mayor. may i speak?
MAYOR WHITE: N"OtlYS y Q� 1-
im
MR, WILLIAMS: Okay. Thank you,
MAYOR WHITE: This is the resolution, The resolution
determining the necessity of acquirino approximately 41. 715
acres of land located in the William Huff Survey A648. Tarrant
County. approximately 40,930 acres. and the William Huff Survey
A519, Denton County, approximately .785 acres for right-of-woy
Purposes. and approximately 2,94 -- 294. correction. acres of
land located in the William Huff Survey A519, Denton County,
for drainage easements, all in the Town of Westlake. Texas.
Whereas, the Town of Westlake approves the Stote of
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WESTLAKE CITY COUNCIL MEETING
Texas Department of Highways and Public Transportation Minute
Order 86417, dated October 28. 1987in regard to construction
of State Highway 170 and the relocation of U.S. Highway 33,E
And whereas, the State of Department -- the State
Department of Highways and Public Transportation has requested
that the Town of Westlake provide the right-of-way and
easements required by the construction project within the
Town's corporate limits;
And whereas, the Town of Westlake desires to acquire
said right-of-way and easement as described on the exhibit
attached hereto,
Now, therefore, be it resolved by the Board of
Aldermen and the Town of Westlake, Texas, that it has been
determined that public necessity requires the acquisition of
certain interest in land needed for the construction of State
Highway 170 and the relocation of U.S, Highway 377, to -wit:
Approximately 41.715 acres of land located in the
William Huff Survey A648, Tarrant County. Approximately 40,930
acres in the William Huff Survey A519. Denton County,
n4piaroximately .785 acres for right-of-way purposes. And
approximately 2,294 acres of land located in the William Huff
Survey A519. Denton County for drainage easements. all in the
Town of Westlake. Texas. as described in Exhibit A attached
hereto and made a part hereof. for all intents and purposes,
it is hereby determined by a bona fide offer. that a
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WESTLAKE CITY COUNCIL MEETING
Acna fide offer has been made by the town attorney to the
following owners or interest holders, Paul Hope Trustee -
these will all be Lyda Hunt -Bunker Trust, Paul Hope. Trustee;
0H, mercer. Trustee; F,C. Vickers. Trustee; Gerry Ann Coleman,
pTrustee; Bob over, Trustee. and Mary& Huddleston. Trustee,
And that if the Town attorney acting on behalf of the
�Town of Westlake and such owners or interest holders or,
Interest holders cannot agree and are unable to agree as to the
value of said property and to damages legally allowed by low,
said property shall be deemed as authorized below,
The authority to as said offer is in all things
approved. ratified and confirmed. The Town of Westlake hereby
determines to appropriate and condemn the interest described in
Section 1 of this resolution for the purposes so stated by the
exercise of the power of eminent domain as set forth in Chapter,
21 of the Property Code. V,T.C.A. and the constitution and
statutes of the State of Texas authorizing the condemnation of
property,
nie town Ottorney is hereby authorized to file the
necessary suits and take whatever action necessary for the
prompt acquisition of above d.scribed interest in said
property,
This resolution shall take affect immediately upon its
passage as provided by low,
is there anyone that would like to speak in reference
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WESTLAKE CITY COUNCIL MEETING
to this item?
MR. WILLIAMS: Yes. Mr. Mayor. My name is
Kirk Williams. My address is 4100 First City Center. Dallas,
And i'm here at the request of the trustees of the Lyda
Hunt -Bunker Trust for the benefit of Mary M, Hunt,
Some of the references have been made to
Albert Huddleston, I simply want to clear for the record that
Albert Huddieston is neither a trustee, nor is he a beneficiary
under that trust,
And the trustees are the ones that have empowered me
to come here and make a few comments insofar as the
city counsel is concerned,
i think most of you are familiar with the history
because we had meeting two years ago, when we talked about the
Plinute Order that was adopted by the Highway Commission, That
being Minute Order 86417,
The Minute Order called for a relocation of U.S, 377
for a distance of approximately a mile and a half, moving VS,
377 to the east, in conjunction with the construction of that
interchange.
That was something that was not precipitated by the
property owners, it was precipitated by a conversation from an
engineer over in District 2, by the name of the Gary Treach,
who is now working with the highway department in Austin.
Due to safety considerations and the railroad that
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WESTLAKE CITY COUNCIL MEETING
runs adjacent to U.S, 377 and the fact that under ultimate
design and ultimate construction of subsequent roads, that
there needed to be. from a safety standpoint. the removal of
377 because of the grade separation between the railroad and
377. that there needed to be a removal of 377. so that
automobiles could safely traverse or ultimately go under the
railroad. And that's how the relocation issue come to be. and
it was part of the Minute Order.
It is my understanding that. although. I was not at
your last city council meeting. that representations were We
I that attempts were underway to convey right-cf-way to the State
!Highway Department,
There wos a trigger date of May 11th, at which time
the State had requested that the right-of-way be made
available, 1 want to let you know that the trust that 1 am
representing tendered to the State, at no cost to the State or
to others, their undivided one-fourth interest in the property
that's consistent with the original Minute Order that wos
approved back in 1987,
We made that tender to the State with approximately
$60,000 worth of engineer drawings that were consistent with
that alignment, And we stand ready to make that some offer to
the city this evenineo . To convey at no cost that right-of-way,
that undivided one-fourth right-cf-way of the trust that i
represent. provided it consistent with the realignment. the one
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WESTLAKE CITY COUNCIL MEETING
and a half mile realignment of U5, .tea 7V
if you elect not to accept that right-of-way. then i
think it's important in making your decision that
you,
understand what affect it has. And Vve got a couple
of
models. if i could show you very briefly, The affect
that
it
tics because it will have some affect insofar as the
damages
on
to property would be concerned.
i've got two of them. And one is under
the alignment,
the new alignment. and one is under the aid, For
information
purposes. the north is toward me,
The alignment -- and by the way. Carroll
Lilly who
was
with Graham a Associates. the engineer who has been
working
with us and who designed these models is present.
So if
there's questions from an engineering standpoint.
we'll try
to
answer them. i'm certainly not an enuineer,
But the original design called for U.S. 377 -- and i'm
talking about under the mile and a half relocated 377, And the
Minute Order of '87 required U,S. 377 -- with north being this
direction. Obviously. west being that direction, Required the
relocation of VS, 377 to the east,
And you can see that it has a flat brick surface, and
then it was going to continue, in essence, for a straight line
for a mile and a half, basically parallel to the railroad
track. This is the railroad track, and these are the one foot
contours,
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WESTLAKE CITY COUNCIL MEETING
So you can certainly see that if 377 is left adjacent
to the railroad, it calls for having people stop on the
railroad, in or to manuever those crossings, is something
that design of new highNays does not it sense, if you pull
the roadway back, this sort of configuration can happen,
This is what we are attempting to support. it leaves
I our property in a much more developable format because of the
relative contours of the property. And it allows for
subsequent roadways to the south, to be able to function
I adjacent to the railroad,
That's the best alignment, That's the one that was
really pushed by the State Highway Department, Gary Treocn and
the people at District 2, and that's what was under
consideration when the Minute Order was approved in 1987,
Now, what we have is the alignment, as I show you
here, U.S, 377 has been pulled closer to the railroad, By
pulling it closer to the railroad --
ff
MR, HUNTRESS: How much closer? Seventy feet?
MR. LILLY: Seventy to 100 feet.
MR, HUNTRESS: You said 70 the lost time,
MR, LILLY: Seventy to 100 feet, Since the bridge
MR, WILLIAMS: I think it is about 70 feet closer,
here, i mean 70 feet closer here. 100 here, Because it's put
(it an anglEl.
Also Zve tried to show with this -- and these are, as
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WESTLAKE CITY COUNCIL MEETING
I indicated again. one foot contours, You're going to see that
this bridge structure is now becoming super elevated. When you,
elevate the bridge and you pull it closer to the railroad
tracks. in order to have the service roads go over that bridge,
they have to climb substantially quicker,
And as you can see you've got some tremendous slopes
that are created at this location. You've got some tremendous
slopes that are created at this location. Rendering some of
these damages under a condemnation type concept. where you have
to pay for the property being taken, but you also have to pay
for damages to the remainder. if you eliminate access,
i just simply say there's that potential, and 1 have
visited with Mr, Isham about that in some discussions we had.
By pulling the roadHay over at this configuration, you
render obviously no access from 170 into this piece of property
because you're super elevated and on a curve coming off of a
bridge in that direction.
i question the accessibility to this property and
you're starting to get squeezed by the topography of the
railroad at this location. So we've got some real concerns
about whether mea.. either one of those tracks is rendered
developable, in addition to the topography that's involved,
Again, as I indicated this is the preferred alignment,
This; is the one that was discussed by the State Highway
Department a long time before there was any personal interest
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WESTLAKE CITY COUNCIL MEETING
interjected. it was the one that was suggested by the State
Highway Department.
They were the driving force, And as a result, it is a
better alignment, It's the one that we really didn't embrace
originally, but we're convinced that this is the safest, and
this was the best alignment,
The right-of-way that we tendered to the State Highway
Department and that we are tendering to you is the right-of-way
that would allow for the development consistent with the
original Minute Order,
I hope that this demonstrates at least some of the
concerns. That we're not trying to be unreasonable in our
concerns regarding having a super elevated bridgethat's set on
an angle that creates some fly -overs of service roads, that
make adjacent property virtually undevelopable,
Those are concerns that we have, We would like for
YOU riot to authorize to condemnation at this time, We offer to
continue to work with you, to come up with the appropriate
alignment.
As i had indicated, we have attempted to work off of
this alignment. We furnished some engineering drawings,
$60,000 worth to the State Highway Department,
We believe there are some alternatives that are
available. But this alignment, as it is, creates some
tremendous problems, not only for the property being taken by
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WESTLAKE CITY COUNCIL MEETING
way of condemnation,
And I'm not arguing whether or not there is that
right. I think there's still a legal question as to whether or
not you can condemn for private purposes or whether it's public
But setting that discussion aside, there are some
additional considerations insofar as the developubility of
she sites, i would think that would have a very dramatic
impact insofar as an entryway into the City of Westlake. what
can happen here. the values of the properties. ultimate tax
bases and those sorts of things.
We don't understand why. if there's no cost to the
city involved -- if there's no cost to the city. why the right
selection. the best selection. that functions best for the
trust, that functions best for the city is not being allowed to
work.
And Hhy the one that creates problems from a trust
standpoint, in my opinion, creates some development problems
from the city's standpoint, and i would like to think that the
city wants to see this being an entryway from a major
development to the west, that this entryway that literally puts
the City of Westlake 's front door in a hole. without it being
oble to be developed. doesn't seem to make such sense. if
there's no cost involved insofar as the city is concerned,
I'll be glad to answer any specific questions you may
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h 'r
ave. We have worked with Mr. Blane, who 1 recognize is here.
We have worked with Mr. Welch and his people at the State
Highway Department as recently as May 11th. when the deeds were
tendered from the only property we can control, And that was
the trust property of Mory's,
i hope this graphically shows some of the concerns
we've got, I have had conversations with the people at the
Fort Worth Star Telegram, and I took issue with whether or not
we're the ones being obstructionists.
i think if any of Y'all oNned this property and if you
new that in a vacuum, a long time before there Here other
personalities or other things interjected into a roadway
alignment, the State Highway Department says, this is where we
should be. That this alignment should not be proceeded with or
pursued without a complete resolution. That this alternative
."joes not make any sense,
I'll be giad to answer any questions, Again, as I
ii-idicated, we're here willing 9.1 tender theright-of-way for
one - fourth, And again, it's not all of it, And i can't
represent the other three trusts, that have not hired me to be
here, But the trust that I represent has made an offer to the
�State and is willing to make that same offer to the city, to
convey the right -of -wan
But it is going to have to be consistent with the
approved Minute Order in 1987 and to the best of my knoVedge,
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it's the only approved order. This alignment clearly violates
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the mile and a half relocation that's specifically stated in
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that Minute Order,
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And 1 appreciate you giving me the opportunity at
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least to explain why we've gotten to where we are. The fact
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that we have tendered to the State all the right-of-way that we
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can control for the longer alignment and will help at least to
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explain why. in a condemnation route and from a city
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development standpoint. we believe this is a much more costly
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alternative. without any benefits from the city's standpoint.
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And i appreciate you letting me explain those
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situations there. We do have. Carroll Lilly. who's an engineer
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who was involved. if there are technical considerations. he
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can address those.
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But i thought it was important for you at least to
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understand the situation. There's been a lot of discussion
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about the alignment and really what it means and what affect it
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tics. I think this shows graphically a little bit more to
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concerns we've got, I appreciate your time,
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MAYOR WHITE:Anyone else want to speak on it?
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MR, OIEN: Is there anybody here from the majority of
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the trust?
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MAYOR WHITE: i don't think so, Mr, Stone, i know you
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and i don't see you,
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MR, WILLIAMS: i don't know that --
MAYOR WHITE: I don't see him.
MR, WILLIAMS: i don't know that there is a majority
of the trust. There are four different trusts with sets of
trustees. I don't know that there is a consensus insofar as
!the other three,
The only thing that I can represent is Mary's, and the
trustees have authorized me to come here this evening.
MR. OIEN: And my understanding is that 75 percent of
thern are agreeable to the plan, And Albert's the only one
that's taken issue,
MR. WILLIAMS: Again. Albert is not a trustee. Albert
is riot a beneficiary. And i want to make that clear. that !An
here on behalf of the trustees in that instance,
And you'd have to ask the other trusts directly
because 1 do not know what their position is in that situation,
11 just don't represent them, so i can't make any public
stcytements
MR. HUNTRESS: You only represent one-quarter of them?
MR. WILLIAMS: I only represent one trust Nhich is an
undivided 25 percent owner in that property.
MR, OIEN: Do we have any draNings from the State?
MAYOR WHITE: is Mr. Stone here?
MR. HUNTRESS: Mr, Bio ne is here,
MAYOR WHITE: Would you like to come up here and help
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MR, BLANE: i think perhaps the reproductions. 1 have
not seen them before. of course. or drawings that the
department have been reviewing, And, of course, this one i
believe as indicated as one that had been prepared much
earlier, This is one that was prepared a little bit later,
insofar as either desion, we found that either of
those were acceptable to our department. Mayor and members of
the Council,
This one, of course, does have a bridge on a curve,
it does create some grade problems, of course, You'd have to
seek the grades on a little bit different scale than this. But
certainly, these grades are acceptable as we come out from
underneath the railroad, And, of course, as we come out onto
level ground here.
Either design is acceptable with our department. This
one, of course, is acceptable,
insofar as the Minute Order is concerned, our
administration has viewed the Minute Order as a one and a half
mile length, They view that as acceptable because it is less
than the one and one-half mile length.
So, therefore, this design is acceptable in accordance
with the Minute Order. I think perhapsinsofar as the two
designs, of course, either of those would be acceptable to us,
This one has tnree curves insofar as the realignment
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is con1 erned. if you'd use the design where you oo back into
existing 377. south of the 170 crossing. then. of course. if
YOU could go back in. say. within the 7.900 feet or the one and
one-half miles. you would hove four curves normally,
Si there are four curves on this onet three curves on
this one. So insofar as curvature is concerned. there is a
little bit differential in the number of curves that you would
negotiate,
But either of those are safe, So we have no problem
with the safety of this facility, Our department would be
willing to approve this one or this one. But this one appears
to be one that is supported. at this time at least. by the
people that would be buying the right-of-way,
So we have to have all of the right-of-way, And i
believe an May the 11th, we did riot have all the right-of-way,
And that was a condition. 1 believe. that our administration,
had laid down in Austin for the furnishing of the right-cf-way.
And then. of course. we had some problems with
reversion clauses in the deeds. And the reversion clauses an
some of the extensive right-of-way that would have to be
perhaps used later on. that would not be used at this time,
that was all right,
But this section here. if we build this one. then
extend this one later to fit this one, then, of course, the
reversion clauses on this one, we could not accept. We can't
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build a highway on right-of-way that might revert out from
title to the State. So we have a problem with thot
1 think perhaps that gives you a little bit of the
rundown, So maybe the 11th passed, and we did not have
signatures an the deeds that conveyed the property to the State
free, So our administration sold that we could not go forward
with this plan. basically like this. This is a little bit
different because we would still have been buildino the bridge
at this location and extending out like this.
MR. HEN: But the decision hasn't been made as to
what configuration you're goino to adopt yet?
MR, BLANE: Yes. sir. This is the configuration here,
Carroll. let me ask you a question. This is the configuration
of the plans that -- reproduced copies of the plans we were
f urnished?
MR, LILLY: Yes. sir,
MR. WILLIAMS: Those were not plans that were drawn by
the State. though, Those were plans that were furnished by a
third-Porty to the State and that's an he alignment,
So if the State were drawing it. when they were
telling us what they wanted back in '87. this is what District
2 and District 18 talked to us about. And the alignment at the
mile and a half because of those subsequent intersections and
because of the safety issues in crossing the railroad tracks,
Those issues are not addressed here. And since a
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private party is reimbursing for the olionment. the
right-of-way acquisition. i can see why they may take some
shortcuts, But the shortcuts that are being taken may create
and will create safety problems with other crossings further
south, as 377 is relocated,
And, again. if there's no costinvolved from the
city's standpoint. my question to Yall is: Why not do it
right? That's the right way.
MR, BLANE: The State has approved this alignment here
as for as being a safe alignment and is the one me are willing
to proceed on the contract with,
MAYOR WHITE: Surely meaning that it is safe?
MR. BLANE: Yes, sir,
MR. OIEN: When is construction anticipated?
MR, BLANE: We hope to let the contract in july,
I sviii biect to right-of-way acquisition being completed to the
I extent that we can proceed forward, And, of course, utility
adjustment having been completed to the extent we can proceed
forward with the contract. We Nould take bids in july,
MR, OIEN: What about a completion time?
MR, BLANE: i do not know the exact number of working
days that are on this project, Generally speaking, i believe
that the working days would probably be consistent with the
completion date of about 24 months from noH, Something like
that
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You've already let the interchange at 35 junction, So
this is the second project. And then we have a third project,
and that's some time later on in the summer or early fall, that
would get us over to 114. Remembering this contract only goes
from east of interstate Highway 35-W over to the Tarrant -Denton
County line,
Then we have to let another contract later on in the
fall that would carry us over to State HighHay 114, And two
years would be a normal time, since we do have a railroad
crossing to build here, And that would take a considerable
amount of time,
R. DUDLEY: Well, you're saying you approved this
because you have the right-of-way, but you wouldn't approve
this if you had the right-of-way.
MR. BLANE: The plans that were submitted to us by the
Hunt Trust Group. It is the Lyda Hunt Trust.
MR, WILLIAMS: it's for the benefit of Mary M, Hunt,
MR. BLANE: Mary M, Hunt, Those plans were submitted
to us. We found those to be satisfactory at the district
level, also. So they were acceptable to our department,
MRS, SHERRY DUDLEY: That was this?
MR, BLANE: This is modeled on that plan. This is --
MR, LILLY: That bridge that was the old alignment,
MR, BLANE: This Has --
MR. WILLIAMS: That was the old alignment,
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MR. LANE: That's not really true. Because this was
the Plans that were submitted to us.
MR. WILLIAMS: This is the old alignment that was done
based upon the 1987 plan, We took -- and the deeds that we
tendered -- the deeds that we tendered and are offering to you
this evening, at least for our interest, assumed that this
bridge -- because the engineering work had already been on
assumed that this bridge would go in, but then attempted to
approach this alignment end run for a mile and a half,
And it was with this bridge, with this right-cf-way
and with a realigned southerly leg,
That's a correct statement,
MR, BLANE: i want you to be careful. That's very
misleading there. because these were the plans that you
prepared for us, So they did prepare plans that would have
been used to construct this bridge here at the north end of
this ,
And, of course, we would build a temporary connection
here so that later on, we could build the alignment along and
parallel to, at a distance sufficient for a grade separation,
Could be added under the railroad at various locations.
Mayor, any other questions?
MAYOR WHITE: I don't think i'm quajified to ask any
1 questions .
MR, MOORE: Basically, what we're talking about here
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is. that version over there is going to result in less of ta
costly impact to the taxpayers,
MR. BLANE: That will be somethino 1 think the local
governments will have to decide, Remembering that our
department is not buying this right-cf-way. as you well know,
We're responsible for the construction of this
project. That is our part inthis work, We are constructing
the project,
Local government is to purchase the rights-of-way and
they. of course. will have to furnish the adjustment in the
utilities that are within the existing right-of-way, And. of
course. other utilities are the responsibility of the
department. that are outside the right-of-way on their own
easement,
MR. WILLIAMS: isn't it safe to assume that either
Glignment. the construction cost is essentially the some?
MR, BLANE: Well. of the two plans. of course, that we
were going to build. one of them is concrete and the other
asphalt. Is that what you're speaking to?
MR. WILLIAMS: But the construction cost from the
State standpoint is pretty close to a pusZ
MR, BLANE: if we used -- poured the cement and
concrete or used asphalt and concrete. pretty close. We're
building the some alignment really. is what we're proposing to
do,
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MR, WILLIAMS: So the only change is in the cost for
the acquisition of the right-of-way. And i'm saying that even
on this alignment, even on this bridge alignment, this
right-of-way, 25 percent of this right-of-way, 25 percent of
this alignment, with that piece being on a temporary basis and
with a mile and a half, 25percent of a mile and a half of
right -of -Hay from here dow that offer has been made to the
State, We didn't control all of it, therefore, we couldn't
we couldn't meet the requirements that Mr, Welch put on us.
MR. MOORE: if I understand it right, there's been no
objection to either plan from the other trusts,
MR. WILLIAMS: i can't speak to that regard, I just
don't know , But from a cost standpoint, from the State's
standpoint of construction, there's really no difference. From
a cost to the city, if they're indemnified. if I understood the
!agreement. there's no cost.
And our suggestion is that the things that we're to
comply with is the Minute Order that was approved two years
ago. ond that calls for a realignment for a mile and a half,
and we're will to give that 25 percent interest that we own,,
in this. this and the extension,
MR, BLANE: When the time comes to widen U,S. 377 on
south of the 170 location, we would probably have to widen in
place after He joined back in on this alignment, Keeping in
Imind that this is going somewhere down in here,
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So we would then have to widen the road, I think is
what Mr. Williams is saying, along and adjacent to the
railroad, basically by widening over on both sides of the road
over against the railroad and away from the railroad,
in the event you were to extend this alignment and
this bridge andbring it parallel to, and in out enough so
that you could get railroad -highway grade separations on
perhaps streets that remain - I believe Kirkwood and
Rufe Snow by the city of Fort Worth. Or maybe if you don't
have a thoroughfare plan, but recognizing it,
But, nevertheless, if you were to do such a thing,
then that alignment, of course, would have to be built as a new
facility, This one, the old pavement is pretty old. i
Houldn't say whether we could retain any of the old pavement or
not. i haven't investigated that,
I would suspect that probably we would have to do
quite a bit of rehabilitation an it. to be able to keep it.
But nevertheless. you'd have the some pavement. I think is what
Mr, Williams' point is. I concur in that. Yes. we would have
the some pavement, length of construction, either way.
But from the State'sstandpoint, we're responsible for
construction. Not responsible for the acquisition of the
right-of-way from c financial standpoint. Of course, we're
responsible for all right - of -way, We can build a road unless
we get it, That's the problem in contract lets,
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MR. VICKERS: Mayor?
MAYOR WHITE: Mr, Vickers, would you care --
MR, BLANE: if there isn't any ,her questions, I'll
sit doNn. i'll get as up, when you want me,
MAYOR WHITE: -- to say anything?
MR. VICKERS: No,
MR, PATE: Mr. Mayor, I have a question when you get
around to it, i didn't think I wanted to speak, And this may
be directed toward you,
if they move back from the second model, back to the
original first, does that have any affect on the N.B.H,
property that i've already deeded?
MR. LINDSLEY: No, it doesn't, Not that i'm oware of,
MR, ISHAM: Would it have any impact on the church
tracts?
MR, LINDSLEY: Yes, it would. Because the property
would be condemned to the church tracts is affected by how for
the relocation of 377 is, Now, total acreage probably be about
the some, but what -- actual and might be different,
MR, WILLIAMS: I think the thing that we're focusing
on, if we went back to this original alignment, this is not the
alignment that we conveyed, that we tendered the deeds to, The
deeds that we tendered to the cityj i mean to the State, and
that we are offering here are consistent with this and would
have, with the exception of -- from this point, really whatever
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the right -of -Hoy here is, from this point south.
But it recognizes the drawings that John Lang has
reviewed and that is being proposed here. it recognizes the
northern segment. So any condemnation of church property up
here would be exactly the same that you have.
So the tender of our right-of-way is consistent with
this alignment with the exception of pulling back in
armanently, It pulls back in temporarily, but to conveys to
the city -- i mean, to the State -- a one-half or one-quarter
interest in that other mile segment down this, more consistent
with the Minute Order.
So the deeds that He have offered have taken into
consideration this alignment, but this is what was originally
considered by District 2 and District 18 back in 1987, This is
simply trying to make the best out of whatwe perceive to be a
not optimum bridge design and construction.
! don't think John Blone would -- if he had any other
choice. 1 don't think his preference as an engineer would be to
build a super elevated bridge on a curve. That's just not
typically done,
Does it meet the engineering standards? i trust his
judgment. i've got no doubt that it would meet the engineering
criteria in their design manuals.
But I don't think that if you have a choice mu
automatically build a super elevated curved bridge. but we've
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taken this as a given. We've taken this alignment to the nort'r-,
as a given. So it would not -- with the deeds that we have
tendered. it would not have an impact on the church property,
MR, MOORE: Let me got on board. The deeds you
transferred are not for this configuration?
R. WILLIAMS: They are not. They are accepting this
configuration. except --
MR, MOORE: With the condition that part of it is to
revert back at some point of in time to the trust, And that's
khe hang-up,
MR. WILLIAMS: That's the hang-up, Now. thot's the
h0now-up only insofar as the trust that 1 represent, That's not
the whole hang-up from the State's standpoint. because the
State wanted 100 percent of the right-ca-woy. And i only
represent is 25 per interest in it.
But it seems to me that if you could get a 25 percent
interest that is consistent with this. and all we're doing is
trying the comply with the Minute Order, condemning a
three -fourth's interest makes a whole lot more sense than
condemning 100 percent,
And I haven't heard anybody else saying they're
1011ing to give a nickel, None of the other trusts have come
up here and said, we've tendered deeds or we're offering
tonight, i'm telling you, we're offering. We have in the past
to the State, and we're offering again this evening,
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MAYOR WHITE: Okay, What are you gaining out of this
offer then?
MR. WILLIAMS: h t are we gaining?
MAYOR
OR W T
MR, WILLIAMS: What we are ? iultimately?
MAYOR WHITE: The reason for it,
t*tip I@ x -� reason
n f 3 from our
MR, . S WILLIAMS: i..m a.,,. 3. 3 Y 6 1 S` e ;.., P„a w: .d a 9 av � ,L �.. .hJ � +1 � S standpoint
is really very simple, And it's two facts, Number 1. it
creates better transitions and crossing of the railroad for
Subsequent development o V S .
w7 , where iigoes in
SOUts oly direction, it pulls t4ceroadway back
whereit needs
to be, I don't think there's any question that that is --
MAYOR WHITE: How will that affect you?
MR, WILLIAMS: The other thing that makes it positive
is, will then have development on sides of
377. I
t
H€. uld give us developable opabl land between 377 and between he
railroad tracks. That's one of the incentives that we've got
i conveying ;M€ 25 percent interest in 40 0 4 ° 0 or f: r acres is
because t does appreciate, or it has an economic impact on us,
And we believe that by conveying that, there are sada
things wcan aha to make this site a better developa e site,
From he City of etas t.; a ke standpoint, ultimate
base seems to make a lot of sense.
t ic.UNREBS: What would that reduce the developable
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it by 70 feet. what would you have? You'd still have
developable lots. would you not?
MR, WILLIAMS: This shows the reduced area,
MR, HUNTRESS: Yeah,
MR, WILLIAMS: Right here. This lot wouldn't change
MR. HUNTRESS: Uh-huh, That's a given,
MR, WILLIAMS: This is a given, And it's still
consistent, it doesn't mess up the city or the State or
anybody else --
MR, HUNTRESS: Right,
MR, WILLIAMS: -- from a condemnation there, And for
the short term, for a temporary standpoint, this stays the
R�NNRN
MR, HUNTRESS: That's going to be the some anyway,
MR, WILLIAMS: But under ultimate development, You
1P,ull the roadway back and you've know created a mile strip of
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Idevelopment between 377 and the railroad, that we do believe
1has economic value from our standpoint, as Hell as from the --
MR, HUNTRESS: That happens in both plans, though,
MR, WILLIAMS: But you've only got it on one side,
because if the railroad is here, and you're not in the City of
Westlake, But you're not going to have double development on
U,So 377) if there's a railroad running along one side.
If you pull it back, you can have development on both
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sides. But if it stays against the railroad, you're not going
to have the same economic development, because this tract is
going to have to be oriented to some other streets, because
they're not going to have dry waste pumped across railroad,
particularly when it's elevated as it is,
MR, OIEN: Vve got a question for Mr, Blone,
MR, BLANE: Yes, sir,
MR, OIEN: On this initial layout, you have one and a
half mile from --
MR, BLANE: Northernmost point.
MR, OIEN: -- the existing --
MV BLANE: Down to the south point.
MR, 43 .,l And where is the new layout going to be?
instead of a it and a half, how much further?
MR, BLANE: i don't remember the exact lengths, 6,000
feet, Something like that.
MV LILLY: i think it's 4,800 feet,
MR, BLANE: 4,800,
MR, HUNTRESS: It's over 6,000,
MV BLANE : 4,800,
MR, LINDSLEY; 6,300,
MR, BLANE: I didn't remember that, But it's shorter,
Yes,
MR, OIEN: By about --
MR, BLANE: 6,300. And a mile and a half, of course,
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is obout 7 .900 so --
MR. 01EN: Shorter by 1.600 feet?
MR, BLANE:sir,
MR, OIEN: Quarter of a mile,
MR. HUNTRESS: is there anything to saya john. that
377 couldn't be moved over in the future?
MR. BLANE : Well. once you build this here. at this
MR, HUNTRESS: Yeah.
MR, BLANE: Once we build this bridge, 1 think the
department would be very, very reluctant to spend the
additional dollars to move that bridge over this way.
MAYOR WHITE: No, No. .-se doesn't mean the bridge.
MR. HUNTRESS: Extend -
-
MR. WILLIAMS: Can you plan that in and do --
MR. BLANE: Of course. that's what
MR. WILLIAMS: That's what we've drawn. so it would be
1 done,
MR. BLANE: Yes. That's what Mr, William's client
looked at.
MR, HUNTRESS: On this plan here?
MR. WILLIAMS: We took thisplan as a base and did
that very thing. And that's how we convinced ourselves that we
could convey the right-of-way at no cost for that 25 percent as
long as we knew --
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MR, HUNTRESS: in the future --
MR, WILLIAMS: That in the future it was goino to be
relocated. And there .z. additional cost from the State's
standpoint.
MR. !SHAM: Can the revisionary langune in the deed
be worked out in a fashion that would be acceptable to the
State?
MR, BLANE; Well. of course. the main problem we had
With the revisionary deed was an this alignment here that we
propose to build immediately. the one we want to let in july,
The deeds that we were presented with had two clauses
in them. One. i believe. 500 something days after the -- after
presentation of completed plans for the extension, if we did
riot go ahead and have that built by that time or by January of
1995. one of those others. one or the other, whichever. then
this, land would go back to the ur property owners,
And odepartmt encouldn't accept that because things
C(3n happen. We might have -- anything can happen. because we
might not have enouuh money to build it,
MR, WILLIAMS: There was -- 1 will say that the
highmay department worked with -- 1 mean, once they got the
deeds and they got language, they looked at it and they said --
an a Friday. they said. wait a minute, There's a concern about
this reverter language, And 1 think we got a FAX in our office
about 3:00 o'clock -
-
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MR. BLANE: 3:00 o'clock Friday.
MR, WILLIAMS: -- on a Friday afternoon. an the 1aa_ M
saying here's some other language we'd like to you consider,
But He had -- trustees had already signed the deeds, We could
not -- we couldn't negotiate that reverter language in that,
But the State did come back and say, yeah, we'll work
[with a tou on some reverter language, We haven't responded to it
beCoLlse the time lapsed before we were able to respond to the
I reverter language that the State suggested.
And are we willing to continue to work? i think john
will tell that you we've -- we've done everything in our power
to try to make those deadlines. i think we have been able to
furnish more information to the State than they expected would
be furnished,
And we'll continue to work with the State on coming up
with some acceptable language in that regard, We just simply
don't want the city to preclude this alternative, when it makes
a lot of sense long term from the State's standpoint, as well
as from the city's standpoint,
MR, !SHAM: Let me ask you another question, Curt,
Arid i know you can only speak for your client, and you may not
be able to answer this tonight.
But if somehow both the State and the city were
willing to take the right-of-way as you suggest and the other
beneficiaries or the other three trusts also agreed to t! at,
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WOUld your client be willing to participate in the cost of
acquirinu the right-of-way to the north, which would include
both the liquidating trust property as well as the two church
tracts. which are not in Westlake. but I understand the
City of Fort Worth is going forth with acquiring those
properties,
MR, WILLIAMS: I've not talked to them about it. but
it's certainly something I'd be glad to talk to them about,
it's just something that's never come up in any of our
discussions,
But as 1 indicated to you. we've got -- I mean. I
think we've got legitimate -- i'm biased. but I think we've got
some legitimate concerns. and we've tried to demonstrate why
there are some problems here,
And if we can come up with a better solution for all
Of LIS, it makes sense to do it now as opposed to after there's
hard concrete out there. and then have to live with it,
MR, DIEN: You are reducing the length of the by-pass
by approximately 17 percent. but how much closer to the
railroad have you shifted?
MR, WILLIAMS: Carroll Lilly from this drawing hoN
much have you shifted?
R. LILLY: 70 feet, is what I estimate,
MR, WILLIAMS: What? From this one drawing?
MR, MOORE: From, you're talking about -- you're not
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talking about changing the configuration,
MR, WILLIAMS. I'm not talking about changing this
bridge one foot,
MR. GIEN: What's the distance from the railroad to
the proposed bypass bridge, horizontal?
MR, LILLY: There's about -- as the bridge exists
I n 0 W
MR, WILLIAMS: This is Carroll Lilly with
Graham a Associates,
MR, LILLY: I'm Carroll Lilly. i'm with
Graham & Associates, Engineers, Right now, the distance from
the center of this bridge to the railroad track is about 500
f eent
The alignment as it went south. as we proposed it to
the State, at this point we took and we put a curve and we
swung it back out to get it 600 feet away from the railroad
I
I track,
Because that's the optimum distance that's needed to
get the roadways underneath the railroad track and then back up
1 to grade to intersect with 37V
MR. WILLIAMS: if you're talking about Kirkwood or
Rafe Snow, Because that's really what's driving the
distance -- from our standpoint rather than having to have
every bridge super elevated, you need to be back about 600
feet,
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You're not back that for here, and that's the reason
you've got to put a little twist in it.
MR. LILLY: That's why if you look at these two
models. the reason this one has come up so much more on these
service roads here is that with this bridge moved back toward
the railroad track. they can't raise this up. going under the
railroad track. They have minimal clearances they have to live
with,
So that forced these grades on the service road to be
steeper. So when they come up and they peaked over the bridge,
and in order to get those back down, back over and meet the
State reqUirements and not have that drop too quickly, it
forced this up in here to come back down.
MR. WILLIAMS: If you pull it back -- if you flatten
it out and pull it back just a little bit to 600. it optimizes
the development of underpasses,
it leaves that option clearly available at the other
major thoroughfares and entry points into the city,
MR. HUNTRESS: To meet your time schedule. john. when
do you have to have the right-of-way in place?
MR. B' ANE: Of course. the department needs the
right-of-way before we advertise for bids.
MR, HUNTRESS: Okay,
MR, BLANE: Advertisement for bids probably will occur
in the early part of the june, i don't know the exact date,
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MR, WILLIAMS: Even under condemnation, `he reos no way
they're going to have the right-of-way by early june, i mean,
I'll trust --
MR, BLANE: The administrator can waive that, if they
know they're going to get the right-of-way within a reasonable
time. It's up to them. of course, That is. our engineer and
director. Mr. Welch. and deputy director can waive those,
MR. WILLIAMS: That right-of-way. if it's got to go
through condemnation. I think Paul will tell you. there's no
way that it will be available in early june.
MR, BLANE: That's up to the administration. of
cot.6, r s e,
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MR. HUNTRESS:
Right,
MR. Bi ANE Whether
to waive it or not,
MR, HUNTRESS:
Uh-huh,
MAYOR WHITE: Okay,
Let's hear from Perot
on this
r1opq Mr,
Lindsley?
MR, LINDSLEY:
Fm
Hayes Lindsley, I work
with the
Perot Group,
and 1 will
be brief,
This project has
a four year
�history
come june. We've
experienced
numerous delays
through
the four
year history of
the
;,.j roject.
We believe that
the
alternative that is an
your all's
left is
the alternative
that
will allow this project
to move
forward
as quickly as possible.
and that is our primary
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terest,
We're also interested in minimizing the relocation of
the 377 from the standpoint that we have property that fronts
an the other side of the railroad an 377.
MR, HUNTRESS: Wait a minute. if it fronts on the
other side of the railroad. it doesn't front on 377,
MR, LINDSLEY; We attach value to the frontage,
notwithstanding the railroad,
MR. HUNTRESS: i take exception to that,
MR, LINDSLEY: We would ask that the city move forward
with resolutions, I'll be happy to ansHer any questions,
MAYOR WHITE: Okay, Thank you. This extension south.
Not seeing a chart on that, Where does that come as for as the
Keller outfit?
MR. WILLIAMS: We've got some --
MR, HUNTRESS: You mean, the short extension deal'?
MR, WILLIAMS: We've got some longer drawings if you
want to get into it,
MR, HUNTRESS: The short extension or the --
MAYOR WHITE: Either one. i mean, they"re talking
about coming back,
MR, HUNTRESS: The short extension would be about two
I iles north,
MAYOR WHITE: Two miles north of Keller?
MR. HUNTRESS: Mayor, two miles, then the long
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extension would probably be less than a mile, half mile maybe,
MR, WILLIAMS: Mayor, we have assumed -- in fact, we
have been in communication with the property owners in Keller
and are attempting to get them comfortable with this
realignment, because I think ultimately -- is that Gilliad,
Mount Gilliad Circle? Road?
Mount Gilliad Road is beyond the city limit of
Westlake, but it is logical to take. if you're going to
relocate 377, and what we were told by the people at District 2
was, this alignment would ultimately stay about 600 feet away
from the railroad. goes south into Keller. 1 think there are
two or three property owners,
MR, HUNTRESS: Two.
MR. WILLIAMS: There are only two property owners on
to Mount Gilliad Road, And what we're attempting to do -- if
it makes good sense for us to convey that right-of-way, it will
make good sense for them,
We hopeful that we can help the State Highway
Department facilitate even that southerly extension thereon
into Mount Gilliad Road.
MR, HUNTRESS: Both those properties are for sale.
MR. WILLIAMS: i understand, And i do understand whot
you're talking about,
MR. LINDSLEY: Would that be consistent with the
Minute Order?
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PEROT REPRESENTATIVE: No, Na
R WILLIAMS: it is not inconsistent. because it
doesn't address the Minute Order.
PEROT REPRESENTATIVE: it's no consistent,
WILLIAMS:
MR, � , W_? L_LI MS > a. beg to differ with you.
MRia_ : Who's pa,ngor " l l this?
ha°?
MR. L r,NDSL s.. -Y The condemnation?
MR. OIEN: No, The purchase of the right-of-way.
MR, LINDSLEY: The Perot Group,
MR, OIEN: Where's the money coming from? The Perot
Group?
MR, LINDSLEY: Right,
MR, OIEN: They're
3 yr paying for i t .
MR. LINDSLEY: That's right,
MR, OIEN: They ought to call the shots, Their money,
MR, MOORE: What it boils doNn to is, it's going cost
the t.. %_§c..xp„..ay!..s more ; 4. o i ” y if Y { don't go Ys ..1., tet» 3 that configuration
over there. s that ? F i _,. bottom . „..ini..
MAYOR WHITE: What I'm concerned about is, if that
!--377's of to go all the way through Keller and then south,
are we going to start doing some S -turning to get back into
downtown ,:elle gain? After bringing it out, then H re going
to take it back again?
MR, BLANE: Mayor, the future plans, I'm not sure of,
6..1nd idon't now hoH the department is goingto address that
t T O
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from this point south. i only know that. of course. the first
drawing we presented. if you remember -- you weren't at the
public hearing, I don't believe. i don't believe you made it.
MAYOR WHITE: I don't know which one. I was at some
MR, HUNTRESS: A! and i were.
MR, BLANE: 1 believe you were there. You remember we
had two drawings. The one. the longer one was the one i
believe that was presented, We said this was the preferred
alternative. the one that come in in the shorter distance,
Certainly if you wanted to. as you said. later on if
you decided that the road should he 600 feet off of the center
line of the railroad, if that's what you decided to do. you,
COUld bend out -- bend out and move out 600 feet later. you
know. by going out through a reverse curve. if that's what you
decided to do,
i don't have any plans for that, I know that
Fort Worth has talked about it, Fort Worth District regarding
the Dallas District. This is our responsibility. The reason
i'm here tonight is because we're the designers of this
project, We're responsible for that. So that's the reason i
cari"�e down
MRS. WHITE: is this Plan A and this is Plan B?
MR, BLANE: Yes, ma'am, i've forgotten the
alphabetical numbers, i believe, as i remember at the public
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hearing, this Has B. I think, and this was A. Well, the bridge
was over here a little bit further, Excuse me, The bridge was
over a little bit further, about 70 feet over,
MR. WILLIAMS: But the trust is -- again we're not
talking about this one, The trust is still talking about this
one, so we're not --
MRS, WHITE: This is --
MR, BLANE: The plans we reviewed did use this
language.
MR, WILLIAMS: We're still consistent with that
conception of the extension.
MR. DUDLEY: Another thing we can think about, Dole,
that would give us -- it would give us a strip of commercial
property through there with natural boundaries for the future
if -- you now, if we wanted a commercial strip anywhere around
377, And it would be -- i mean, it would be isolated,
MAYOR WHITE: it would be on the east side for sure,
MR, MOORE: Right,
MAYOR WHITE: How many -- no one has really said -- at
!east I didn't hear anyone actually say how many feet in depth
are vie talking about with this, on this plan as it is right
here? How many feet are we talking this way?
MR. OIEN: 50V
MR. LILLY: I can show you,
MR. WILLIAMS: And it goes to zero because it goes
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WESTLAKE CITY COUNCIL MEETING
back into L. 7s e 377 a l „ s�,s" 9 mei 3 l,. :
MAYOR WHITE: Wher does it go to zero?
MR. OIEN: it would be back into existing 377,
MAYOR WHITE: That isn't zero,
MR. 01E No. That's still 150 fees,
R. BRADLEY: I'm Scott
AYkt Bradley. Were there any other
i
conditions an 3 {..hat deed.other F..i i R a that reverted
eve.i.e5...# clai,.4e that
the State found unacceptable?
I
MR. LANE: Definitely, The main problem was we had
i
corrected e+d a h field notes. And the deeds were acceptable
i
from h field notes standpoint, i t as the reverted clause
that we had she problem with
i
multiple
€MR. WILLIAMS: What we have ender tStatea i
a a
€
temporary easement for this area. and then a permanent
t
d
6
{
easement, 2 5 percent. what we o wn f :ranother mie down here,
1
(General multiple simultaneous ` onve 'sa a. ns
€
MR. WILLIAMS: Right now there's 100 percent
condemnation. :a. assume, :`tea c i.,;'t..a'" sbd y else aoffered.A
f
u
'seasL we re offering percent,
if there's a better deal on the table. i just haven"t
heard it, I don't know. There e may be p better deal. 1 just
didn't know about it, Would i ---
MAYOR WHITE: Isn't 25 percent acc able to she
S t t ,..?
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MR, BLANE: On May 11th. we did not have 100 percent.
That was the condition -- (inaudible. simultaneous
interruptions.)
MR, OIEN: We did not hve a 100 percent and that was
the condition of the administration,
MAYOR WHITE: That's why we delayed.
MR. HUNTRESS: That's mhy we had a meeting today.
MR, WILLIAMS: Right now there's zero and if you stick
with this alignment. Fm assuming there at four. two churches.
There are five or six parties that are going to have to have
property condemned, So under any --
MR, HUNTRESS: There are only four,
MR, WILLIAMS: Well. there are only four here. but
there are others through the church property,
MR, HUNTRESS: Only the church property.
MR. WILLIAMS: And the parish tract,
MR. HUNTRESS: And the liquidating trust,
MR, WILLIAMS: But I'm just saying there appears to be
some condemnation anyway, I'm simply saying that one 25
percent interest wouldn"t have to be condemned.
MR, MOOR. : But you're condemning 100 percent of a
smaller tract, than if you condemn three-quarters of a larger
tract. You're going to wind up --
MR, WILLIAMS: Yeah, I understand,
MR, PATE: You keep mentioning that something -- might
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have to condemn some of the NBH Liquidating Trust.
MR. HUNTRESS: You've already dedicated that,
MR, PATE: i'm just trying to make sure we don't have
G fi e pq - -
MR, HUNTRESS: Not that I knoH of,
MR. !SHAM: But there are some tracts that we're
acquiring from you.
MR, AT These are the slivers.
MR, ISHAM: Yeah,
MR, PATE: The only comment the N.B,H. Liquidating
Trust has is that we want to get on with it, one way or
another, On this particular subject we do not have a
difference of opinion,
The Perot Group is withholding acreage pending the
outcome of this that I need back, And we need resolution in
order to keep the creditors quiet,
MR, HUNTRESS: I think it's the feeling of everybody
that this thing has been going on for four years now, it's
time to fish or cut bait,
MR. PATE: We don't care which one you do, is the only
comment we have, Make a decision.
MR, OIEN: Well, i think we've given everybody ample
opportunity to make any changes or suggest any changes, and
they haven't performed, We don't have an alternative.
MAYOR WHITE: Glenn, do you have anything to say?
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GLENN: Not really. From an engineering standpoint,
it's all. you know -- it's all competently designed and
reviewed by the State, And there isn't any way i could, you
know. see anything to criticize. the design. the alignment or,
you know. anything of that nature.
MR. MOORE: Okay, Perot is prepared to reimburse us
for the condemnation of the short route. but they're not
prepared to reimburse us for the condemnation of the long
route. is that ---
MR, !SHAM: I don't think they've been asked that
question. but i assume -- 1 said. I don't think they've been
specifically asked that question. but i would presume that
their answer is no.
MR, LINDSLEY: The answer is no,
MAYOR WHITE: Well, do we know if three-quarters of
the one is extremely important? One-quarter and
three-quarters,
MR, MOORE: The pertinent question is. will the other
three-quarters donate theirs. if they donate theirs. we're
scot-free for the longer route,
MR, !SHAM: Not necessarily because i think you have
to recognize that the Minute Order said that the developers
would donate the right-of-way to the State and would Provide
engineering plans to the State. acceptable to the State.
And then the State would pay for the cost of the
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WESTLAKE CITY COUNCIL MEETING
construction of the highways, And what .1a.a occurred here,
think. is that --
MAYOR WHITE: A little bit of Indian giving,
MR. !SHAM: At the time in 1987 that was contemplated,
i was `i c o n ta B � p l a i is d by the e p,a r t i e s that a ` l the right-of-way
from the respective tracts would be donated.
Now in fairness to the Lyda hunt -Bunker Trust, in 1987
170 was configured to go further north and would not. at least
the 170 portion. would not be on �.dn _�i u!� �.a,.B�,_.�?�e�" property.
a`$;�"€ then was explained earlier when the engineers
t involved in designing. th better
way to design 7
0 was t
j
Lyda
Hunt-Bunker
onnkr '3•p folks inof f ! I- theyhave not been
able to work out on arrangement of agreement wherethey would
be willing. or at least all of them would be willing. to donate
the right—of—way,
i
4
Perot has stepped up and said. this is an important
project for this area of the county and this region and also to
us, A 3 a d that were willing 'e�..E3 foot t 5 e cost o f acquiring
3
A this
# �+
right-of-way in order rx to keepk.8sis project a n schedule Pu�". oJul
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And so they're n "gymn l.;:a''r willing i o foot t h z i t of
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f 1acquiring the right—of-way te r?the
Lyda
"a f t.#ne7 Trust
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siproperty. but they're willing to pay the cost for the church
tracts and the -- the slivers that will come off the
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liquidating trust property.
And so they still have costs involved even if. as you
say. we have an agreement an the longer route, The real
question to them WOUld be. if all the right-cf-way for the
relocation of 377 from north to south including all the tracts
was donated, so that the!! WOUld have no cost. would that be
acceptable to them? And I don't know what the answer to that
question is either,
MR. MOORE: Well. the question to the Perot Group is
if the lower portion is donated by the other three-quarter
percent. is Perot still amenable to acquiring the other
properties?
MR, LINDSLEY: I think our position simply. for four
years we've tried to get this thing done as on commitments
that we thought we had, We've been disappointed,
There's only one thing we know now. And that is. if
we proceed an this condemnation route for the shorter
realignment. it can get done and it can get done fast, And
there's no room for any misrepresentations, it simply gets
done. And that's what we're prepared to do, and that's the
only thing we know will happen.
MR. OIEN: Gerry. is this No, 183 motion?
MR, !SHAM: No, it's a resolution,
MR, 01EN: Resolution No, 183,
MRS. GERRY WHITE! No. it's 2-90;
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MR. DIEN: 2-90
MAYOR WHITE: 2-90 resolution. Okay, You want to
toke these? Would you like to take these back?
MR. WILLIAMS: Sure, Yes.
MR. HUNTRESS: Which one is 2-90? The 41 acres?
MR, !SHAM: Yes,
MAYOR WHITE: Let's have a motion and then do our
discussion. Let's have a motion and then He'll discuss, Has
everyone been heard that would like to speak on this?
(No response,)
Okay. Chair will entertain a motion.
MR, DIEM: i move we adopt the resolution,
MAYOR WHITE: I need a second, No second?
MR, HUNTREISS: P11 second.
MAYOR WHITE: We have a second, Okay, Discussion,
Why did i get no second, excepj at the lost minute?
MR. OIEN: You weren't speaking loudly enough, Us
older folks are deaf.
MAYOR WHITE: i wasn't talking loud enough. Okay.
MR, MOORE: if it a benefit to the city to go the
longer route, i think it's a matter of, i guess, a tradeoff for
time to get it done or --
MAYOR WHITE: You hit a good point. if this thing had
been done, what I call properly, the city would have been
involved in this years ago.
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MR. OIEN: Years.
MAYOR WHITE: And this is what makes me really angry.
We get caught at the last minute between a rock and a hard
place, trying to make a decision that's a serious, serious
decision,
And 1 don't think it's -- it's certainly unnecessary
Lo be in this position. but that was what certain parties
decided to do and not naming manes, but everyone here knows who
the party was. and it's backfired because of thatt
And now the State tells us, we've got to go. We're
going to be late. We've got to let the contracts, And now
we've got to make a decision. that's a tough decision, There's
good and bad in both of them that i can see,
And I'm not an engineer. I can't really -- i'm not
qualified to really pass judgment an a beautiful schematic,
YOU bring it up and it's a nice piece of art wo3 k. but i'm not
qualified to pass judgment on that,
I listen to you. it sounds real good. what you say,
1 listen to somebody else. it sounds realgood. what they say,
1 do know this. that we started this 114 study
committee many years ago. By we. i mean the Town of Westlake,
We got 114 going. We got an the buses down there. We got it
moving. And it's been forever. it seems like.
We even stopped developing in Trophy Club at the time.
We nt a moratorium on development because of the highway
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jamming. that was being created by the Trophy Club,
1BM was coming in, They were going to put all those
people in here, We at least got that going. And 1 really feel
like we've got to continue with it,
I'm the lost one that would like to condemn land. i
personally think. the first one there should have the rights.
i've never felt differently than that,
But in this case i see no choice. 1 think we've got
to have the highway, it's too late. in fact. to back out of
this, It's there, That's the way I feel about ita
Now. I'd like for the Council to state their opinion,
if you'd like. if not. we'll just have a vote.
MR. 01EN: Like you said, we've been working on it for
several years. And at the lost minute, we're faced with a
decision that could delay the project an indeterminate length
of time.
1 think that's ridiculous, We should have been
approached with these possible changes or choices years ago,
Not lost month. with a week to make up our mind. That's
nonsense,
MAYOR WHITE: Yeah, At least our engineer should have
been involved even if we weren't. The engineer committee could
report to us, but no one did that. So it was too hush hush,
and as i sayj it's backfired,
MR. MOORE: So what if this thing is delayed for
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another 30 days? What does that really hurt? To give us a
chance to work out the longer route.
MAYOR WHITE: Mr. Blane. can you respond to that'?
MR. BLAND Well. of course. the letting has been set
for some time for july. Remembering. our department already
has a contract let for the 35-W/170 interchange. And the
timing of the contracts is primarily geared so that all
contracts would be completed at the some time,
The 35-W interchange is probably the most complex
piece of work because we have to reroute the 35-W traffic on
the interstate system, That creates quite a bit of problem in
sequencing,
So the jobs that are being let are let according to
the complexity and length of time that it would take to perform
the contract work an construction involved in each set of the
three plans,
Insofar as building the job is concerned. of course,
we trying to finish it up. We would like to see the job
f inished,
Insofar as our administration is concerned. i can only
speak for them from the standpoint that they have indicated to
our district that they wish to move forward with this project
at this time. and they would like to let it in july. if the
right-of-way could be obtained, of course,
And that is tantamount, of course, to being able to
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let the project, is having the right-of-way and, of course, the
utility adjustments done and the water line, obviously,
i'm sure you've heard about that. That is an issue
that has to be resolved, The water line that is along and
adjacent to U,S, 377. on the east rkht-of-way line of 377,
So insofar as the letting the project. it's scheduled
for july and that. of course. is based on trying to finish the
work up at one time, based an the complexity of the projects.
Obviously one month. as we all know. is 30 days. and
contractors sometimes delay projects 30 days.
I can't tell you that that is a critical period of
Lime. but I think perhaps these contracts are set up an that
basis. so that they do complete an time. And we have already
let one and the contractor. of course. went to work fairly soon
of the work order was issued. So that's where we are.
MR, WILLIAMS: Do you know if Roger Welch has waived
the right-of-way requirement yet?
MR. BLANE: No, i do not,
MR, OIEN: We were assured on the 7th that all of this
would be taken care of by the 11th,
MAYOR WHITE: Yeah. That's what Fm afraid of.
MR. HUNTRESS: That's why we're here today,
MR. DIEN: We scheduled this meeting at that time.
MR. DUDLEY: The thing that we did schedule the
meetino for that, i personally -- I favor the longer
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right-of-way and --
MRS, DUDLEY: I do. tao
MR, DUDLEY: And I don't know whether that's just a
wasted delay or note but i'd be more than w5lling to go until a
june meeting, At that time to make a decision on it, to see if
jqe could get more right-of-way volunteered or at least give
them a lost opportunity to --,
MR. WILLIAMS, We'll certainly make the effort with
the other trusts.
MR, HUNTRESS: Did i not hear that the longer
right-of-way wos still a possibility?
MRS ,DUDLEY: That's what i was going to ask.
MR. HUNTRESS: Isn't that what you heard. or did I
hear things?
MAYOR WHITE: 1 don't think -
--
MRS. SHERRY DUDLEY: That was what 1 was going to ask
also. if we did. in fact. condemn this property. then is the
longer route just out of the question. or is that still a
possibility? Who can answer that?
MR. BLANE: Let me be sure I understand what you may
be asking me. I'm not sure i'm supposed to answer that,
MAYOR WHITE: Respond,
MR. 01EN: The four turn route rather than the three
turn route,
MR. BLANE: Let's see. The three turn route. of
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course. the bridge is designed. The plans are complete. And
the only changes that were made by Mr, Williams' clients were
to turn concrete into asphalt actually. so that the asphalt
would be easier to remove and perhaps extend on from the bridge
in a southerly direction.
That was the only change that was required to the plan
so you could move asphalt instead of pouring cement concrete,
Fm sure all of us know the difference in breaking up concrete,
continuously reinforced concrete which has all the steel in it
instead of asphalt,
MR, HUNTRESS: And the State agrees to that?
MR. .,A NE To replace asphalt?
MR, HUNTRESS: Yes.
MR. BLANE: if all the conditions have been met by
May 11th,
MR. DIEN: Our original proposal?
MR, BLANE: Had agreed to that, Yes. sir. To place
asphalt, So that later an then this extended route to the
SOUth COUld tie built at the location. which would be compatible
with railroad -highway grade separation at Kirkwood and
Rufe Snow.
Now. 1 think what you heard earlier. though. 1 believe
when ne said. if we built it out of concrete. and we brought it
in at the shorter distance. south of Highway 170. what we said
was you could Possibly bend the alignment out at some future
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date if you wanted to,
Now. i'm not sure you could fit Kirkwood because it
takes quite awhile to get a highway shifted outd as you saw,
it takes a while to get back in, if you follow my hands. from
170,
MAYOR WHITE: Why are we using the Kirkwood way?
MR. BLANE: i'm sorry. Kirkwood is the thoroughfare
alignment. I believe. that has been -- and that's the next one
down, south of 170, 1 believe that's -- Kirkwood Drive is one.
You may want to address it. it's been called Kirkwood by
MR. HUNTRESS: That's just a proposal. That's not
G - -
MR. LINDSLEY: !Vs a proposed road that's shown in
the development plans for the trust that would go and bisect
through the city,
MR. HUNTRESS: That's just a proposed
MAYOR WHITE: That's the freebie we're talking about,
Forget it, We're not concerned about it,
MR. BLANE; That's the first one, The next one is
Rafe Snow,
MAYOR WHITE: The next street that's built in this
Town, the Town will decide where that street goes,
MR, BLANE: i understand,
MAYOR WHITE: The very next one. Unless it's a state
hig!",,way .
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MR. BLANE: Fm auotiate" from the thoroughfares that
have been furnished to us by location, if you want to fit that
one, that might be difficult. if you tie back in at the
!distance that we're talking about. 1.600 feet south of 170. it
could flare out again.
Now which one you could serve. you could serve
Rufe Snow, or whatever you want to call it, You don't have a
thoroughfare there, I know that. Whatever the next
thoroughfare is you want to bring across the railroad, 1 don't
1want to get in trouble here between two sisters,
So, nevertheless, if you could. then perhaps you might
be able to serve another thoroughfare. That's what I believe i
Mid, Now the difference in the plans that were reprepared
1were. the poured cement concrete was changed to asphalt. so it
could be torn tip,
MAYOR WHITE: Thank you,
MR, LINDSLEY: John, for that next thoroughfare south,
iwou,,ld the State pay for the grade separation at the railroad
and that next major arterial?
MR, BLSNE : No, The department normally would not be
responsible for local thoroughfare crossings at a railroad,
This vqould provide the opportunity,
(Table discussion between the Mayor and Council
Members 2 and 3.)
MAYOR WHITE: Any further discussion'?
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(No response,) Those for?
(Council members indicate a vote by raising their
hands.)
Mr, Oien; Mr, Dudley; Mr. Jerry Mqpre;
Qft170s. Sherry Dudley:
MAYOR WHITE: It's unanimous.
MR, MOORE: Under protest.
MAYOR WHITE: Motion passes, The resolution is
adopted,
MR, PATE: What was the vote, Mayor? Vote count?
MAYOR WHITE: Five.
MRS, WHITE: Unanimous.
MR, MOORE: The city prefers the longer route,
MAYOR WHITE: i am to consider a resolution
00horizing the condemnation of approximately 886 acres of
land for highway right-of-way and 2.359 acres for drcinage
easements in Denton. County. Texas, Resolution,
MR. DIEN: 1 move we adopt the resolution,
MR. MOOR E: !'I! second it.
MAYOR WHITE: All right, it's basically the some --
the some preamble exactly, The difference in the resolution is
.886 areas and 2,359 acres, Everything else been the some
except it is hereby determined that a bona fide offer has been
made by the town attorney to the foiloHing owner or interest
holder and, that is, R. Carter Pate, Trustee of the N.B, Hunt
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Liquidation Trust. Everything else is the some, Everything
else is the some in the resolution with that exception, With
those exceptions,
MR. ISHAM: Mayor. let me point out that the parties
are tolk.gym no and i'm hopeful that an agreement will eventually
be reached for the acquisition of the necessary right-of-way
from the liquidating trust. but passage of this resolution
would allow us to keep an the some time schedule,
MAYOR WHITE: i started to say that,
MR. ISHAV it doesn't necessarily mean we'll
MAYOR WHITE: it doesn't mean we're doing it anyway.
in fact. we still hope we don't have to do 10
MR. PATE: Mayor. i'm not trying to be thick. is this
a condemnation of the slivers that we're negotiating with right
now?
MR, !SHAM: But we're going to continue ---
MR, PATE: But you're not going to go ahead and
c a rn d e miri
MAYOR WHITE:
MR. 1SHAIP: All this resolution does is authorize us
to condemn if we can't come to an agreement,
MR, PATE: I understand, Sorry, 1 just want to make
sure i understand,
MR, !SHAM: The other one did. toc
MAYOR WHITE: You follow that too. right?
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ja we'll see you in an hour or so,
MR, HUNTRESS: That's the lost item on the agenda,
[End of proceedings]
ENGLEDOW& ASSOCIATES - DALLAS. TEXAS f214-744-17601
MR. WILLIAMS: That's correct,
MR. HUNTRESS: it's not a condemnation.
MAYOR WHITE: All right, Sherry. VI! take
a motion,
MRS, DUDLE(: i make a motion we accept the
resolution
that
what number is that. please?
MRS, GERRY WHITE: C-3-90,
MRS. SHERRY DUDLEY: 3-90,
MAYOR WHITE: 3-90, Sherry needs a second,
MR. HUNTRESS: Second,
MAYOR WHITE: Any further discussion? (No response.)
Those for,
(Council members indicate a vote by raising
their
hands.)
MAYOR WHITE: Five, Motion posses. The resolution
is
adopted.
item 3. at this time Board will convene in
executive
session
pursuant to Article 62-217. Sections 2e and f
of the
A.T,S. and
consult with its attorney in regard to the
lawsuit
filed by
R. Carter Pate. the Liquidating Trustee. ogoinst
the
Town .
ja we'll see you in an hour or so,
MR, HUNTRESS: That's the lost item on the agenda,
[End of proceedings]
ENGLEDOW& ASSOCIATES - DALLAS. TEXAS f214-744-17601
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M t A 1 1 E i L A i i a X
L JANET Q NEEL, CSR, official court reporter in and for
the State of Texas. certify that i was the court reporter that
took in stenograph notes such hearing and have transcribed the
some to the best of my ability as shown by the foregoing 66
pages, and that said transcript is true and correct,
This the ist day of june, 1990,
JAN K, NEEL. CSR No. K93
The Northern District of Texas
Dallas Division
!N BANKRUPTCY
!My CSR license expires: December 31. 1991
1
lBusiness Address; 1949 Stemmons Freeway, Suite 190
!Dallas. Texas 75207
!Telephone Number: 744-1760
ENGLEDOW & ASSOCIATES - DALLAS. TEXAS [214-744-17601