City of Oak Ridge Kaufman County, Texas Town Hall Meeting Minutes May 17, 2014 6:00 pm Mayor called meeting to order at 6:01 PM. Mayor Pro Tem Joye Davis, Council Members Scherri Holmes, Nena Langford, Rolando Guzman, and City Secretary Jan Shedd were present. Cyndi Davis was absent. Al told attendees that the City's goal was to hold Town Hall meetings 4 times a year. He advised everyone present that the Council could not, by law, make decisions in town hall meetings, nor can Council members discuss issues between themselves in the presence of a quorum. Gail Williams asked when the roads would be fixed. Al told him that he had sent plats to City attorney, and that Scherri had researched every document in the City's archives from 1969 through 1996. Evidence was found that the City had paid for road maintenance in Oak Ridge Estates in the past. He said that documents were also found showing that, years ago, residents from 2 of the roads in Oak Ridge Estates had paid the City back for portions of the roads that were repaired. Al said that relevant documentation was sent to the City attorney for review. Al explained that attorney advised that there were 3 ways for a private road to become public: Road could be condemned and purchased by the City Dedication-requires dedication by citizens and acceptance by City. However, acceptance was not necessary, and dedication can be expressed or implied. Expressed dedication is implied dedication involving the land owner (1) inducing the belief that that he or she intended to dedicate the road to public use, (2) the landowner was competent to do so, (3) the public would be served by the dedication, and (4) there was an offer and acceptance of dedication. Prescription-obtained by meeting the requirements of adverse possession. Adverse possession is accessed by meeting the requirements: Claimants must show that use is open, notorious, hostile, adverse, uninterrupted, exclusive & continuous for a period of more than 10 years. Al read legal opinion that said that roads were public, given the passage of time, by prescription, and that if the roads were located in the City, they were City roads. Al said that there was a history of the City purchasing maintenance materials to repair roads in Oak Ridge Estates, and just by the purchase of those materials, the roads were considered City roads. Al explained that he had requested an estimate from Commissioner Vrzalik to repair all roads in the City. The cost to patch River Oak, Live Oak, Water Oak, Red Oak, Robin Road, 5.17.14 Minutes page 2 Oak Lane, and Oak Ridge Drive with crushed concrete, would be $13,053.60. He said that the resurfacing of County Road 138 was $15,000. Gail asked why County Road 138 had precedence over city roads. Al told him that the portion of 138 that is in city limits is considered to be a City road. Al told attendees that "No Truck" signs would soon be posted on 138, and that he hoped that the sheriff's office would enforce it. Betty asked when her road, Oak Ridge Drive, would be fixed. Al told her that the vote to patch it would take place on May 27th, and that a budget amendment to access approximately $30,000 of City funds would also be passed to enable the City to pay for it. Once that is done, Jimmy Vrzalik will present the road work to the commissioners court. Once that is approved, it will be a matter of the crew being dispatched. Betty asked Al to start with her road. Al said that the work would probably begin in less than 60 days. Al said that there are 3 roads in the City that will remain private: Dumaine, Chartres, and Country. He said that Savannah had some maintenance issues. Betty asked about the City garage sale. Scherri said it would be in June, and that she was preparing to send out flyers. Al told attendees that there was an issue about Council salaries, but that it had been legally resolved. Al stated that the City had been notified that the parking lot was not handicap accessible, and that they were working on correcting it. Al discussed developing the yard behind the City Hall building with Gail, Betty, & John. Nena told Betty that except for Joye, none of the Council Members have been on the Council long, and that they were still learning. Gail asked why Cyndi Davis's nameplate was still out on the Council table. Al explained that she had not yet resigned in writing, which is required by law. He said that he had sent her several emails letting her know about meetings, and asking for her resignation in writing, but that she had not responded. He said that until she sent a written resignation, or missed 3 regular, scheduled, consecutive Council meetings for reasons other than health, she would remain a member of the City Council. John commented that the last couple of meetings went quickly. Betty asked about the junk cars on her street. Al said that he had not spoken with Jesse about it yet. Jan said she would give Betty Jesse's phone number, and she (Betty) could call him. 5.17.14 Minutes page 3 Al explained to attendees that the City's property insurance was under review because currently City Hall was classified as a wood structure with a brick veneer (Class 1). He said that if it could be changed to a Class 2, meaning that only the floors and roof were wood, it would save the City money. Al stated that the current policy provided 100% replacement. Nena thanked the citizens for attending the meeting. Scherri made a motion to adjourn meeting. Rolando seconded motion. Motion passed unanimously. Meeting ended at 6:58 PM. PASSED AND APPROVED THIS 23RD DAY OF JUNE, 2014. ___________________________________ Al Rudin, Mayor ATTESTED: __________________________________ Jan Shedd, City Secretary