HomeMy WebLinkAboutIR 6980 INFORMAL REPORT TO Ci. , COUNCIL MEMBERS No. 6980
To the Mayor and Members of the City Council October 30, 1984
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`� Subject: REQUEST TO OBTAIN POSSESSION OF NEGLECTED CEMETERIES
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Background
In a letter dated June 5, 1984, the Tarrant County Historical Commission
(TCHC) requested that the City take possession of the Mitchell and
Harrison Cemeteries under the provisions provided under Senate Bill 218
which was passed by the 66th Legislature in 1977. The bill states in
part:
". . .An incorporated city, town, or village having a cemetery
within its boundaries...which threatens or endangers the
health, safety, comfort, or welfare of the public, may, by
resolution of the governing body, take possession and control
of the cemetery on behalf of the public health, safety, com-
fort, and welfare of present and future generations."
". . .Sixty days after giving notice, the City may remove or
repair any fences, walls, or improvements and will straighten
and reset any memorial stones or embellishments that are found
to be a threat or danger. . .and restore the premises to decent
condition. Thereafter, the City shall maintain the cemetery
so that it will not endanger the health, safety, comfort, or
welfare of the public."
The problems cited by the Commission were overgrown weeds, illegal
dumping, and potential destruction by developers. Staff reviewed the
request and submitted the findings to the City Council in Informal
Report No. 6944 on June 5, 1984, at the Council/Staff Work Session. At
that time, concern was expressed that the City might be put in the
position of having to provide maintenance for the cemeteries. In his
presentation at the June 5, 1984 Work Session, Mr. Duane Gage, Chairman
of the TCHC, stated that the Commission had funds in a trust which could
be used for maintenance.
Harrison Cemetery
8550 Meadowbrook Drive
Size - About 8,000 square feet
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Received a Historic Marker in 1982
According to Mr. Gage, the assumed heir of the Harrison Cemetery is Mr.
F. R. Harvey who currently resides at 113 Virginia Lane in Arlington.
Staff has been informed that Mr. Harvey has requested in a letter to the
Texas Historical Commission, that the City of Fort Worth take
possesssion of the Harrison property because he is unable to provide
proper maintenance.
Mitchell Cemetery Dff�C��� R�CpRD
1 1/2 Blocks southwest of Northeast 28th A�y
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and Decatur Intersection WURTkI,
Size - About 4,500 square feet F1U1�1
Request for a Historic Marker made in 1984
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS�--
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INFORMAL REPORT TO C.. a COUNCIL MEMBERS No. 6980 - p.2
~�f FORT� To the Mayor and Members of the City Council October 30, 1984
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Subject: REQUEST TO OBTAIN POSSESSION OF NEGLECTED CEMETERIES
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The owner of the Mitchell property has not been determined. The
Historical Commission believes it is a part of the Old Stockyards
property.
Tarrant County Historical Commission Trust Fund
The Tarrant County Cemetery Trust Fund was established by TCHC for the
purpose of providing "perpetual maintenanceand preservation for unkept
and neglected pioneer cemeteries in Tarrant County." The Commission is
allowed to use the interest from the trust fund. According to the First
Assistant County Auditor, the current amount of the trust fund is
$15,285.35 of which $12,000 is invested. Monthly payments from the
interest earnings of approximately $120 are made to the Commission each
month, or about $1,440 annually. The guidelines for the trust fund
specify an "initial emphasis" list of cemeteries for which funds are
primarily designated. Currently, of the two properties involved, only
the Mitchell Cemetery is on the list.
According to Mr. Gage, the Commission needs the City to:
A) Determine the owner of the Mitchell and Harrison Cemeteries;
B) Secure the property deeds of each cemetery; and,
C) Survey the areas to determine the exact boundaries.
In return, the Commission will maintain the cemeteries by:
A) Initially cleaning the propertiess; and,
B) Cutting the grass twice a year indefinitely.
The Commission plans to raise maintenance funds from private donations.
Additionally, some funds will be donated from the Tarrant County Trust
Fund (the exact amount is yet to be determined), for the purpose of
fencing the Mitchell Property. All other funds will be raised from pri-
vate donations.
Law Department Review
In the opinion of the Law Department, the City would be legally
responsible for maintaining the properties once it obtains possession.
The City could not legally buy the property and then transfer ownership
to TCHC because it is illegal to use public funds for the benefit of
private organizations. It is possible to abdicate ownership if no City
funds are involved in the acquisition of the properties. However, each
of the Cemetery's deed records would need to be reviewed for
restrictions before that determination can be made.
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO C`. COUNCIL MEMBERS No. 6980 - R.3
M,�Tf/1dG October 30, 1984
To the Mayor and Members of the City Council
;rtxAySubject: REQUEST UEST TO OBTAIN POSSESSION OF NEGLECTED CEMETERIES
Real Property Management Review
According to the Office of Real Property Management, if the City wanted
' to take possession of the land, the following actions would need to take
place:
1) Find out who the title conveys the property to;
2) Request that the Park and Recreation Department accept the
deed; and,
4) Request the City Council approval of the takeover.
Conclusion
It is staff's opinion that the City not take possession of the
properties at this time, and that the Commission be advised to contact
the owners of both properties in an effort to formulate arrangements to
maintain the cemeteries.
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If additional information is desired, it will be supplied upon request.
Robert L. Herche5rt�
City Manager
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ISSUED BY THE CITY MANAGER -- FORT WORTH, TEXAS