Recent Q & A about sidewalks...

1. Do homeowners pay for sidewalks? - No, the projects are funded with Federal money and there is no expense to the homeowners. The City has no plans to assess homeowners for construction of sidewalks.

2. Do homeowners maintain the sidewalks? - No, the City is responsible for maintaining the sidewalks.

3. Do homeowners assume any liability for the sidewalks? - No, the sidewalks are a public asset and the City assumes all liability.

4. Homeowners can’t park two vehicles “back to back” and keep from blocking the sidewalk. - City Staff will work with homeowners to the extent practical and permissible under law to determine whether specific design considerations can mitigate this issue. It is a violation of City Ordinance to block a public sidewalk. The Benbrook Police Department generally responds on a complaint basis only.

These next questions come from the homeowners, in some cases this has already happened.

1. Can a homeowner have his sidewalk against the curb?

Standard sidewalk design is along the street Right-Of-Way/Property Line. Sidewalks are for pedestrians and the standard design allows pedestrians to have a safer separation from vehicles in the roadway. It is not anticipated that any obstructions will cause any sidewalks to be located adjacent to street curbs.

2. Is the sidewalk the same width no matter where?

Standard sidewalks, along Right-Of-Way/Property lines, are four feet wide. In the unlikely event that a section of sidewalk must be adjacent to the curb the sidewalks are typically about five feet wide to provide pedestrians a safer area if closer to the roadway.

3. Past practice every homeowner has parked in their driveway across the city easement (10 ft from curb) and not ask to move, why would the homeowner be ask to move or ticketed if and when the sidewalks are in place?

The Ordinance has been in place for many years and driveway parking that extends beyond the Property Line and encroaches into the street Right-Of-Way has been a violation for years. The installation of sidewalks does not change the long existing Ordinance, sidewalks make the location of the Right-Of-Way/Property line more obvious.

4. What about brick mailboxes, will the homeowner have to move it if is in the path of the new sidewalk?

All efforts will be made to avoid mailboxes. If the relocation of a mailbox is unavoidable the City will relocate the mailbox.

SBHA Meeting February 2, 2009 Meeting Minutes

SBHA Meeting February 2, 2009
First United Baptist Church Benbrook

Jess Jordan called the meeting to order at 7:00 pm. Minutes from last meeting was voted. All in favor. Motion passed.

Benbrook Chamber of Commerce notified Jess to join. They will give us an opportunity to get info on individuals, businesses that have a stake in our city. We have more of a handhold on things. It costs $75.00 to join. Motion made by Martha seconded by Luigi. Is this an annual fee? Yes it is. When we have meetings we will have Debbie Watkins give a talk at our next meeting.

Jess is trying to keep everyone informed. Broadway Minerals offered us $3,000 an acre. We should just wait it out and wait for gas prices go up.

Question: $75.00 a year for Chamber of Commerce. Is anyone going to attend? Jess will try to get to the meetings. Is there a fee for the lunch? Jess will pay his own lunch.

Question: Will this be to an advantage to homeowners? Homeowners should come first in our area. We are a non-profit organization. It will probably help the whole of all of us – give us political power.

Vote on joining Chamber of Commerce. Motion passed.

Jess had calls to join the Homeowners Association. We have petitions against the sidewalks to sign. The petitions Jess will take to the City Manager to see where we go with it.

What they are fixing to do is put sidewalks in and maybe the homeowners pay for it. If they do go there the homeowner will probably have to pay for it.

Question: Why would we want to be against it? We are rehashing 20 years ago. We fought it before and need to fight it again. We had to get a lawyer before so we don’t cut up our yards. Most people area on fixed incomes and cannot afford it.

Question: Each individual paying for sidewalks. Government grants – he has issues against. When they built Lakeside Addition, they did not allow for sidewalks. They had to put in sharp corners and bends. One guy they took out 6 to 8 feet of his yard. If you walk up or jog on Winscott or Mercedes, when a sidewalk ends and a driveway starts you may fall and break something. If you measure your vehicles, you cannot park without encroaching the sidewalk. If you have family and friends come over you will have to park on the street. He has had vehicles vandalized because it was parked on the street. If you block the sidewalk you can get sued if someone skateboards and runs into your vehicle. They are encroaching on his property to park 2 vehicles.

Question: Older people would have to maintain the sidewalk and keep ice off.

Question: She lives on Bryant Street. She has had 4 vandalized and almost a home invasion. Sidewalks are a detriment to the homeowner. They can visualize what kind of dogs you have, security system, if you live alone. She had to move her mailbox – because of vandalism. She doesn’t want crime. It brings the crime element closer to you. People can walk slowly on the sidewalk – where if you have just your grass people walk on the street – not on your yard.

Question: This was a dead organization 6 months ago. We paid our dues to deal with oil issues. Why are we talking about sidewalks?

Jess: A significant number of people asked about the sidewalks.

Jess: There is one offer $xxyy an acre. Do we want to take that? Answer: No.
Any changes: Association needs to handle what comes along.

Question: Where she lived they formed a Homeowners Association to become aware of the criminal aspect of it. Tell about what they are suspicious about.

Bill Smith: Homeowners Association was developed to handle issues. When we re-activated it was for gas but does not leave out other issues. When the City gets ready to install sidewalks they will do it. Sidewalks are rearing its ugly head again. Whenever there are issues that’s what the Homeowners Association is for.

Lelia Smith: If they put in sidewalks they might put a lien on your home. When you get ready to sell it or get a homeowners loan it will have to be paid off. She had this happen to her.

Question: If people don’t really want the sidewalks, you go to city hall. The place to go is to city hall and vent our feelings.

Jess will visit the city manager himself tomorrow on this.

Mr. Tully, our councilman, is present tonight. He has been here 20 years. The liens should not be on your property. Let the city know if you have a lien. Federal grant money is paying for some blocks of sidewalks. As a council member he lived in Timber creek and now Westpark because he wanted sidewalks. He said taking local tax money and building sidewalks and assessing the homeowner he doesn’t see that happening. He has been a Council Member for 2 years. The council members cannot talk when there is a forum present they cannot talk about anything unless it’s on the agenda.

This Thursday night city council will review the royalties under the cemetery at $2500 an acre. 2 weeks ago they signed a lease on the backside of Vista Way they signed 47 acres of land of potential drilling $18,000 an acre. It is not a bad idea to wait. Mr. Tully said this is public information.

Harold Reasoner: Sidewalk issues: When sidewalks break up, get uneven, Who is responsible? Probably the homeowner?

Jess told Mr. Tully we have a blog site to post things on and maybe he can let us know on the blog.

Vince Brown: North of Usher. Not part of city property. It’s plotted as an alley. Why doesn’t grant money pay for it?

A 6 minute video was shown on fracturing a well.

Treasurer’s report balance is $5,091.31.

Meeting adjourned.

Submitted by Linda Conner, Secretary.