You Decide Part 8: Remedies

How can the City make things right after its violations?

An opinion piece

by Joe Carter

Draft Version 2.1

As of 8/15/2022

Revised 4/2/2024

Following is a draft plan for correcting damage done to date, avoiding similar damages in the future and moving forward to build a new Senior Center that serves our senior citizens’ unique needs for years to come. It should be finalized and executed by the City and Stephenville Citizens after public input has been solicited and integrated.

Tree Damage Remediation

1. The City will halt all construction activities at the Vine Street construction site immediately except for damage control and correction activities described below,

2. The City is to engage an ISA-certified Master Arborist to create a plan for reversing damage done to date to the root zone of The Seniors Tree due to compacting fill-dirt on top of it and other construction activity in its vicinity.

3. Due to the failure of the City’s currently-engaged arborist to adequately protect the tree, the City must get the approval of the citizen’s group sponsoring this suit before engaging an alternate ISA Master Arborist to plan, supervise and approve remediation efforts.

4. The City is to fund and execute the arborist’s damage-reversal plan for removing the dirt and other necessary procedures under supervision of the citizen group-approved Master Arborist.

5. The City Council is to re-route the paved portion of the Bosque River Trail at least 32 feet from the base of The Seniors Tree at the City’s expense. They are to build an unpaved side path under the Seniors Tree shade canopy using permeable non-compacting aggregate approved by the project arborist. Resting benches are to be replaced under the tree’s shade canopy.

6. To prevent parking in the tree’s critical root zone and alleviate damage to the tree’s root zone that was caused by the City’s removal of the concrete wall and wooded greenspace south of the tree, the city will do the following:

   1. Place parking-prevention bollards 10 feet beyond the tree’s drip line on both sides of the tree north to south along the east side of N. Vine Street.

   2. Create parking for Bosque River Trail users on the City-owned property along East Tarleton Street

7. To facilitate the tree’s rapid recovery from the City’s illegal construction project, the city will install a water hydrant on the City’s E. Tarleton St. property and run above-ground hoses into the tree’s root zone under arborist supervision. No trenching will be conducted within the tree’s root zone when installing this hydrant.

8. The city will take steps to protect the tree’s root zone when it installs the upcoming main sewer line in the tree’s vicinity. These steps will be reviewed and approved by the project arborist.

Senior Citizens’ Center Construction

1. The City Staff and City Council are to formally propose, publically discuss and formally approve a budget for construction of a new Senior Center facility in the City’s FY 2024-25 Annual Budget and Capital Plan in conformance with procedures dictated in the City Charter.

   1. Actual release of funds within this budget is contingent upon the City and citizens completing steps outlined below

   2. The City is to form a Senior Citizens Center Needs Analysis Committee consisting of 6 local citizens and 1 Council Member. City Council is to provide funds for an independent architect or engineer to assist this committee. City Council is to charge this committee as follows:

      1. Hold public hearings via both an open meeting and an online discussion group to gather information about the public’s requirements, needs and characteristics for such a center

      2. Identify and evaluate all candidate city-owned properties upon which a senior center could be constructed. Provide pro’s and con’s of each property relative to the requirements identified previously. Provide an approximate cost differential for construction at each site via consultation with an architect or engineer and justify these cost differentials. These cost differentials could be caused by differences in terrain, slope, soil conditions, utilities access, the need to widen streets, floodplain considerations, the need to condemn private property, etc. Also include in this analysis the City’s master plans and long-term intended uses for each property.

      3. At a minimum the site analysis should consider the following city-owned properties in addition to the Vine St location:

         1. The parking lot behind the old Senior Center,

         2. The Oncor lot at Floral and Mason Streets,

         3. City Park locations,

         4. The original target location for the Senior Center at the east end of Tarleton Street

      4. Report the results of the site analysis in a public meeting and solicit input.

      5. Make a recommendation to move forward with the project or not based on public input.

      6. If the recommendation is to move forward, recommend a site from the alternatives considered.

      7. Taking into consideration the Committee’s recommendation, City Council is to vote in an open meeting in conformance with the City Charter on whether or not to move forward the Senior Center construction project. If that vote is positive, City Council is to vote in an open meeting to

         1. Release budgeted funds for design and construction

         2. Approve the selected for the new Senior Center, based primarily on the Committee’s recommendation

      8. Due to potential for abuse of competitive-bidding requirements in a design/build contract, City Council is to bid out the design and build phases for this project separately. City Council is to solicit multiple competitive bids for each phase.

      Remediation of Damage to Vine Street Property Owners

      In order to alleviate the property devaluations created by the City of Stephenville’s credible threat to condemn the right of way in front of the 3 private townhomes on North Vine Street, the City of Stephenville is to officially relinquish the right-of-way in front of the 3 townhomes for any purposes other than access to underground infrastructure. Further the City shall resolve to not require that right-of-way for purposes other than underground infrastructure in the event the 2 single family lots on North Vine Street are redeveloped in the future."

      North Vine Street Tree Recognition

      1. The City Council and City employees will support and assist local citizens who wish to apply for official Texas Historic Tree and/or Texas Heritage Tree status on the Texas Historic Tree Registry for The Seniors’ Tree. The Seniors’ Tree is to be officially named “The Seniors’ Tree” or some other appropriate name selected by the designated citizen’s committee

      2. City Council is to officially name the city park space in which the ancient tree resides after the tree, for example “Seniors’ Tree Park” or “Bosque River Tree Park” as voted upon by the designated citizens’ committee.

Reimbursement of Legal Fees

The City of Stephenville is to reimburse the citizens and their attorneys for legal expenses incurred in addressing this matter and bringing this suit