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HomeMy WebLinkAboutCC 2002-12-09 Agendas CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA DECEMBER 09, 2002 - 6:00 PM For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. Discuss Items from Regular December 09, 2002 City Council Meeting (5 Minutes) 2. IR 2002-159 Review Information Strategy for Bond Projects (10 Minutes) 3. IR 2002-161 Update on Rufe Snow Marketing Plan (10 Minutes) 4. *Executive Session - The Council may enter into closed Executive Session to discuss the following: Deliberation Regarding Economic Development as Authorized by Government Code § 551.087 Discuss the Offer of Financial Incentive to Business Prospect which City is Conducting Economic Development Negotiations to have such Business Locate in City Limits Consultation with City Attorney as Authorized by Government Code §551.071 Davis vs. North Richland Hills 5. Adjournment *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. ,~{PSTED fCp(bl .- Date .y~ bv ~V'\ __..F....___·_,_____ 12/09/02 City Council Agenda Page 1 of 4 T¡~--r¡i~ ~ .. ("'" ·::'·,,·,,·~·..,t·. ... () _ ~ .;;;5.....'.,J~ ~ c- L '.. .._._...""."..-"". ...... ...-. .............-................-.......---.- CITY OF NORTH RICH LAND HILLS CITY COUNCIL AGENDA DECEMBER 09, 2002 - 7:00 PM For the Meeting conducted at the North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 817-427-6060 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation - Ryan Smith and Kelly Hourihan, Executive Board Student Council, Richland High School 3. Pledge - Ryan Smith and Kelly Hourihan, Executive Board Student Council, Richland High School 12/09/02 City Council Agenda Page 2 of 4 NUMBER ITEM ACTION TAKEN 4. Special Presentations NE Chamber Member of the Year - Phyl Baloga Mothers and More Business Award Presented to NRH Recreation Center - Gina Swann, Co Leader of Mothers and More Keep NRH Beautiful Christmas Lighting Award Contest Winners 5. Removal of Item(s) from the Consent Aaenda 6. Consent Agenda a. Minutes of the Pre-Council Meeting November 25, 2002 b. Minutes of the City Council Meeting November 25, 2002 GN 2002-141 c. Authorizing the Pass-Through of Juvenile Accountability Incentive Block Grant Funds $14,100) to Tarrant County Juvenile Services - Resolution No. 2002-093 7. PZ 2002-22 Public Hearing to Consider Proposed Revisions to the Masonry Requirements of the Zoninq Ordinance - Ordinance No. 2649 8. PZ 2002-32 Public Hearing to Consider a Request from Mike Clark representing Margaret Chase Chambless and Cardinal Lane Investors LLC for a Zoning Change from "I-L" Light Industrial and "AG" Agricultural to "0-1" Office (Located in the 8900 Block of Cardinal Lane) 18.278 acres - Ordinance No. 2677 9. PZ 2002-37 Public Hearing to Consider a Request by UICI Insurance Company for a Revision to the Thoroughfare Plan (Located in the Vicinity of the 8900 Block of Cardinal Lane) - Ordinance No. 2678 12/09/02 City Council Agenda Page 3 of 4 NUMBER ITEM ACTION TAKEN 10. LRB 2002-04 Public Hearing to Consider a Variance Request by Fran McCarthy on Behalf of Alan Young Buick/Pontiac/GMC from Ordinance No. 2473 Landscape Regulations at 7700 Grapevine Hiqhwav 11. GN 2002-136 Ordering Bond Election for February 1, 2003 - Ordinance No. 2679 12. GN 2002-137 TXU Electric and Gas Franchise Fee Settlement Agreement - Resolution No. 2002-095 and Adoption of Implementation Ordinances - Ordinance No's. 2675 and 2676 13. GN 2002-138 Resolution Revising Guidelines and Criteria for Granting Tax Abatements in Reinvestment Zones Created in the City of North Richland Hills - Resolution No. 2002-097 14. GN 2002-139 Appointments to Naming Board 15. GN 2002-140 Place 7 Appointments to Keep North Richland Hills Beautiful Commission and Board of Adjustment 16. PW 2002-016 Award of Bid to SRO in the amount of $1,357,775.00 for the Crane Road Paving and Drainage Improvements and Revise the 2002- 03 Capital Projects Budqet 17. Action on Any Item Discussed in Executive Session listed on Pre-Council Agenda 18. a) Citizens Presentation b) I nformation and Reports NRH20 2002 Annual Report 19. Adjournment \ rtS~r b ~ Oat~ 12/09/02 City Council Agenda Page 4 of 4 '4', t>V ~m Time ~. C:~., <':"1"1'"<*'1")1 /I B:, fJ)i';';:¿; ~~~ PUBLIC NOTICE EMERGENCY ADDITION TO DECEMBER 9,2002 - 6:00 P.M. CITY OF NORTH RICHLAND HILLS CITY COUNCIL PRE-COUNCIL AGENDA PRE-COUNCIL CHAMBERS, 7301 NORTHEAST LOOP 820 4. *Executive Session Emergency consultation with City Attorney as authorized by Government Code §551.071 concerning settlement of Gonzales case The above Executive Session item was added as an emergency item because of a reasonably unforeseeable situation. Posted on December 9,2002 at 10:15 a.m. gaátN~/ck~ City Secretary ~'ì! ...__._~ I d.:_q .. t.d-;z:..---..----.-~--.. tíÍi¿¡\It~; -&-_.~ u¿Q¿::;--4m--~---.. ~çt;w@ /u CIty r+i::i..~j§{~ ~- \ "- '- .. INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 02-159 " . ~ Date: December 09, 2002 T Subject: Review Information Strategy for Bond Projects At tonight's regular meeting City Council will take the first official step toward our Bond Election and that will be the calling of a Bond Election for February 1, 2003. As most of you are aware cities have strict laws regarding what they are allowed and not allowed to do with regards to a city wide.. bond election. The city can inform and educate but the city is not allowed to promote or "sell" the various projects on a bond election. There is a fine line at moments between what staff is recommending versus whether or not we are attempting to sell. City staff has developed some general ideas for brochures that will be distributed via city facilities, utility bills and area businesses. The brochures will be factual and informative and are designed to educate and not promote. Attached is a suggested timeline or schedule of events for our February 1 Bond Election. The attachment also addresses various service organizations, brochures and distribution of brochures, early voting information and Election Day. At the Pre Council meeting, staff will take a few minutes to go over suggested ideas and address the timeline. Staff will be available to address any questions or concerns from council. It is staff's understanding that Chairman Charles Brinkley will have a meeting with several of the committee members to possibly form a political action committee (PAC) or another sub-committee that will be responsible for the promotion of the projects for the Bond Election. City staff will have no involvement with the PAC or sub-committee. The committee will be a separate organization that will raise funds to promote and do what they feel is in the best interest of the Bond Election. City staff will be available to address any specific questions or to inform and educate the citizens. If you have any questions, please do not hesitate to bring those with you to the Pre Council meeting or contact Steve Norwood prior to the meeting. Respectfully submitted, '~\J '--.. . . ¡j Larry J. unningham City Manager ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2002-161 ~ Date: T Subject: December 2, 2002 Update on Rufe Snow Marketing The City of North Richland Hills and èity of Watauga are partnering together to assist businesses during the construction of Rufe Snow Drive. To date, two meetings have been held with Rufe Snow businesses at City Hall. The purpose of the first meeting was to discuss the status of construction and respond to questions and concerns of Rufe Snow businesses. The second meeting was held to discuss marketing opportunities with private advertisers and with the two cities. The City worked with the Star Telegram, Val-pak, and the Northeast Newspapers to develop special advertising products and newspaper sections dedicated solely to businesses along Rufe Snow Drive. Due to the economies of scale of cooperative advertising, the companies were able to discount prices to Rufe Snow businesses up to 75%. The City was also able to supply the advertisers with a list of Rufe Snow businesses who are interested in participating in cooperative advertising opportunities from the businesses who attended the second meeting. Thus far, the Northeast Newspapers has started running a Rufe Snow Business Spotlight in its paper. The Star Telegram and Val-pak expect to have flyers made-up to insert into their products at the beginning of the year. , The City of North Richland Hills and City of Watauga are initiating a Rufe Snow Savings \....... program to market Rufe Snow businesses during construction. Rufe Snow Savings cards will be given to Rufe Snow Businesses to distribute to the public and in the community during construction. The cards will advertise J.L. Steele's website, www.improverufesnow.com.Alink on the website will contain special savings, discounts, and offers from Rufe Snow businesses. Business owners and managers are encouraged to advertise their special promotions at their businesses as well. The Rufe Snow Savings program is free of charge to Rufe Snow businesses. The program costs are being split equally between both cities. To get the program started, the City is having 20,000 cards printed at an approximate cost of $1,200. The City of North Richland Hill's share for the cards is $600, which is being paid for out of the Economic Development Department's printing budget. The City is anticipating it will take out a few advertisements with either the Star Telegram or Northeast Newspapers to advertise the Rufe Snow Savings Program to the public once the cards are printed, which should take two to three weeks. At both of the meetings held with Rufe Snow businesses, business owners and managers stated that less stringent sign regulations during construction could significantly help their business. Staff will be seeking the City Council's input on possible amendments to the City's sign ordinance that may assist businesses during construction. Any changes would only be allowed during construction. Further information on the Rufe Snow Savings Program and the new logo will be presented to the City Council at the upcoming Pre-Council meeting. RespeCtf~?mi~ed, ''-.J¡¿ ~ John Pitstick ISSUED BY THE CITY MANAGER NORTH RICH LAND HILLS. TEXAS fuJecial Presentations Award: Presenter: Recipient: Reason: Award: Presenter: Recipient: Reason: Northeast Chamber of Commerce Member of the Year Bob Hamilton Phyl Baloga Phyl received the Northeast Chamber of Commerce Member of the Year award for 2002. We are recognizjng her for winning this award and for her great efforts in representing the City at the Chamber events. Mothers and More Business Award Gina Swann, Co-Leader of Mothers and More Recreation Center Staff The non-profjt group, Mothers and More, awarded the Recreation Staff for their active role in involving mothers and children in recreation activities such as the Mommy and Me classes. "' -'·--··"---"-'--'·~~"-_"""'''__~_·_"~A"'~';~'._~~__~MO,^".·"'~"~"_"__"''''~_''''''''_____ MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820 - NOVEMBER 25,2002 - 5:00 P.M. Present: Oscar Trevino Frank Metts, Jr. Lyle E. Welch Scott Turnage JoAnn Johnson Joe D. Tolbert Timothy J. Welch Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilman Larry J. Cunningham Steve Norwood Greg Vick Karen Bostic Patricia Hutson Alicia Richardson George Staples Paulette Hartman John Pitstick Larry Koonce Mike Curtis Jenny Mabry Jim Browne Andy Jones Thomas Powell Terry Kinzie City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary Assistant City Secretary City Attorney Assistant to the City Manager Director of Development Finance Director Public Works Director Communications Director Parks & Recreation Director Fire Chief Support Services Director Information Services Director Absent: David Whitson Councilman ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Trevino called the meeting to order at 5:00 p.m. DISCUSS ITEMS Mayor Trevino asked that the minutes include FROM REGULAR first and last name for Councilman Lyle Welch NOVEMBER 25, and Councilman Tim Welch. 2002 CITY COUNCIL MEETING Item No.7 - PS 2002-33 - Mayor Trevino asked staff if the Forest Glenn collector would only be 5" of concrete. Mr. Curtis informed council that the applicant would have 5" of concrete over 6" of lime stabilized subgrade. The applicant is asking for additional space that abuts up to residential areas. The street will not be used as a collector. IR 2002-155 UPDATE ON 50TH ANNIVERSARY COMMITTEE PLANS Pre Council Minutes November 25, 2002 Page 2 Item No. 12 - PU 2002-047 - Councilman Tolbert wanted to know if the city is really going to spend $500,000 for shade structures at the park. Councilman Tolbert wanted to know if the money for the structures went back into the budget would the $275,000 be restricted by geographic area on the future spending of the funds. Mr. Jim Browne informed council that the shade structures have been a long-term request from associations. Drawings of the structures will be available for council viewing during the council meeting. City Attorney George Staples present at 5:05 p.m. Former Mayor Tommy Brown introduced 50tn Anniversary Committee members who were present. The members were Evalyn Lochridge and Hardy Sanders. Mr. Brown advised council that February 22, 2003 would kick off the 50th Anniversary Gala/Celebration. Mr. Hardy Sanders generously contributed the $10,000 for the Fort Worth Symphony Orchestra that will be performing at the Gala/Celebration. Ms. Jenny Mabry outlined the following events leading up to the 50th Anniversary of the City of North Richland Hills. February 22, 2003 - 50th Anniversary Kick-off Gala/Celebration · Fort Worth Symphony to perform at Birdville Independent School District Tickets will be sold for $30.00 for the reception and concert. Tickets for the concert only will be sold for $15.00 Commissioned painting commemorating the 50th Anniversary will be unveiled at the Gala · · March 28, 2003 - A Lotta Night Music · Mighty Marvelous 4 band will perform Event to begin at 6:00 p.m. and conclude at 10:00 p.m. 50's Car show, dance show and costume · · Pre Council Minutes November 25,2002 Page 3 contest April 25, 2003 - Celebration of 50th Anniversary · Ceremony with time capsule dedication · Late afternoon event with previous council members being invited · A Lotta Night Music Concert - Glen Dorsey Orchestra Big Band May 3, 2003 - Paws for the Cause Walk-A- Thon · Annual event to raise donations for the Animal Adoption and Rescue Center May 13, 2003 - Birdville Independent School I Spring Choir Concert '" · BISD choirs will be performing · City will promote 50th Anniversary July 4, 2003 - Family Fourth Event · Begin event earlier for families (children concert and activities) · Emerald City will perform hits from the 1950's to current music · Fireworks will be expanded Ms. Mabry informed council that the History Committee is currently gathering information for the web site and a portable story board/timeline that will be at each event. Staff also plans to market our special year via city newsletters, website, citicable, special historical video, handouts for citizens and have information available at all events. Councilwomen Johnson asked that staff include local artists and schools for the 50th anniversary events. IR 2002-157 Fire Chief Andy Jones outlined the necessity for CONTINUE a fire training facility. Chief Jones informed DISCUSSION OF council that practicing fighting real fires in PROPOSALS structures is the key to improving the ~_-m"_"",~""··"___~._".",<"__._",~<,~_>"w____.>,~~_~","~~..______,._~_,,,._ Pre Council Minutes November 25, 2002 Page 4 FROM BOND Firefighters' skills and efficiency. In the last STUDY three years the City has conducted only 7 live COMMITTEE fire training sessions. Only about 42 of our 82 sworn Firefighters participated in any part of the live fire training. Currently the two places fire personnel train is at Johnson Co. and A&M Fire School. The inconvenience of locations and cost prohibit the city from providing our Firefighters with sufficient training opportunities. Many of our Firefighter/Paramedics hired in the last five years have not participated in any form of live firefighting since their recruit training. Chief Jones said that he surveyed NEFT A Fire Chiefs and none of the NEFT A cities surveyed have their own live fire training facility. Of 11 respondents, all 11 stated that they thought live fire training was important; 4 of the 11 did not currently provide the live fire training and 7 respondents provided the training once or twice a year at other sites. Chief Jones would like to offer training 4 times a year and obtain at least 3 training fires per year per firefighter. Chief Jones mentioned a few of the many reasons for providing live fire training for our Firefighters in North Richland Hills: address City Council's Goal for a safe and secure City, provide better stamina and "pacing" of our personnel at actual structure fires, more efficient use of SCBA air supply, quicker fire location and knock down resulting in lower property loss, better safety for citizens, fewer on the job injuries while fire fighting, train on the same front line equipment that the firefighters use to respond. Chief Jones answered questions from council. Mr. Greg Vick presented council with an outline addressing the cost of the training facility. An over all net difference per year over 20 years would be $8,948. After discussion the council concurred with the Bond Committee's recommendation to include the Fire Training Facility Expansion upgrades in the bond package. The council agreed with all the proiects recommended by the Citizen's ADJOURNMENT ATTEST: Pre Council Minutes November 25, 2002 Page 5 Bond Committee and instructed staff to place an item on the next agenda ordering the Bond Election for February 1, 2003. Mayor Trevino announced at 6:00 p.m. that the Council would adjourn to Executive Session for Deliberation Regarding Real Property as Authorized by Government Code § 551.072 a) Land acquisition for Fire Station Site in the North Davis Area b) 820 Expansion / Right-oF-Way Acquisition - Tennis Center & Recreation Center Consultation with City Attorney as Authorized by Government Code §551.071 a) Venne vs. North Rich/and Hills b) Davis vs. North Rich/and Hills Deliberation Regarding Economic Development as Authorized by Government Code § 551.087 Discuss the Offer of Financia/lncentive to Business Prospect which City is Conducting Economic Development Negotiations to have such Business Locate in City Limits. Mayor Trevino announced at 6:54 p.m. that the Council would adjourn to the regular Council meetinq. Oscar Trevino - Mayor Patricia Hutson - City Secretary · ._,.....~~.~---'~...,_.~"._,,~~~..,,~.~~.._----.~~.~<~_.-~,...._--~-- MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - NOVEMBER 25,2002 -7:00 P.M. 1. CALL TO ORDER Mayor Trevino called the meeting to order November 25, 2002 at 7:02 p.m. ROLL CALL Present: Oscar Trevino Lyle E. Welch Scott Turnage JoAnn Johnson David Whitson Joe D. Tolbert Timothy J. Welch Mayor Councilman Councilman Councilwoman Councilman Councilman Councilman Absent: Frank Metts, Jr. Mayor Pro T em Staff: Larry J. Cunningham Steve Norwood Greg Vick Karen Bostic Patricia Hutson Alicia Richardson George Staples City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary Assistant City Secretary Attorney 2. INVOCATION Councilman Tolbert gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS None. City Council Minutes November 25, 2002 Page 2 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE PRE-COUNCIL MEETING NOVEMBER 11,2002 B. MINUTES OF THE COUNCIL MEETING NOVEMBER 11,2002 C. GN 2002-132 ABANDON DRAINAGE EASEMENT LOT 1 R, BLOCK 2, THOMPSON PARK ESTATES (SOUTHWEST CORNER MID CITIES BOULEVARD & PRECINCT LINE ROAD) FOR CITIZENS NATIONAL BANK- ORDINANCE NO. 2674 D. PU 2002-043 AWARD OF BID TO AMERICAN CIVIL CONSTRUCTORS IN THE AMOUNT OF $2,184,170 FOR THE CONSTRUCTION OF THE COTTON BELT TRAIL PROJECT AND APPROVE RESOLUTION NO. 2002-091 E. PU 2002-044 AUTHORIZE CONTRACT EXTENSION FOR TOP SOIL, SAND AND FLEX BASE WITH HJG TRUCKING F. PU 2002-045 AWARD BID FOR 2003-YEAR MODEL VEHICLES TO CLASSIC CHEVROLET IN THE AMOUNT OF $514,409 G. PAY 2002-011 APPROVE FINAL PAY ESTIMATE #15 TO HALL-ALBERT CONSTRUCTION CO. IN THE AMOUNT OF $63,977.46 FOR THE WASTEWATER SYSTEM REHABILITATION, CONTRACT B COUNCILMAN WHITSON MOVED, SECONDED BY COUNCILMAN TURNAGE TO APPROVE THE CONSENT AGENDA. Motion to approve carried 6-0. City Council Minutes November 25, 2002 Page 3 7. PS 2002-33 PUBLIC HEARING TO CONSIDER A REQUEST BY B.H. & L. JOINT VENTURE FOR THE APPROVAL OF THE FINAL PLAT OF LOTS 15-28, BLOCK 5, LOTS 21-26, BLOCK 9, LOTS 1-5, BLOCK 10, LOTS 1-28, BLOCK 11, LOTS 1-27, BLOCK 12, LOTS 1-18, BLOCK 13, LOTS 1-8, BLOCK 14 AND LOTS 1-11, BLOCK 15 OF THE FOREST GLEN EAST ADDITION PHASE II (LOCATED IN THE 8000 BLOCK OF DAVIS BOULEVARD); 37.29 ACRES (CONTINUED FROM THE 11/11/02 CITY COUNCIL MEETING) APPROVED Mayor Trevino informed the public and council that the public hearing was opened at the November 11, 2002 City Council meeting and continued for later action. Mr. Doug Long, applicant, was available to answer council questions. Director of Development John Pitstick informed council that this request was continued at their November 11 , 2002 meeting per applicant's request. The Development Review Committee (DRC) reviewed the plat and agreed that this plat did not comply with zoning and subdivision ordinances. However, the plat was submitted to the Planning and Zoning Commission. The primary concerns of DRC were the impacts to the Little Bear Creek Corridor and the lack of a traffic impact analysis. The applicant has since agreed to construct Forest Glenn and Shadywood Lane from Forest Glenn to Davis Boulevard to a 41-foot collector width street. Mr. Pitstick advised council the applicant had recently completed a study of the Little Bear Creek Corridor, which indicates this plat will meet the Little Bear Creek ordinance. Mr. Pitstick informed council the Planning and Zoning Commission failed to make a motion at their October 24, 2002 meeting with a tie vote for approval and denial. Staff is recommending approval with the following stipulations: 1. Applicant to construct a 41-foot collector width street for Forest Glenn to Shadywood Lane, and continue 41-foot width on Shadywood Lane from Forest Glenn to Davis Boulevard. 2. Applicant will immediately escrow $50,000 toward the future construction of a traffic signal light at Shadywood Lane and Davis Boulevard. The City and applicant will equally share (50/50) all costs associated with the signal light. 3. Final plat will conform to the Little Bear Creek ordinance. 4. Applicant will plant additional street trees along Shadywood Lane to mitigate all trees previously removed from environmentally sensitive area in Little Bear Creek Corridor. City Council Minutes November 25,2002 Page 4 5. Applicant agrees to sell to the city for municipal purposes approximately 7+ acres as stipulated in letter. Councilman Tim Welch asked staff if there was an estimated installation time for the light. Public Works Director Mike Curtis informed council that there is no timetable available. Mayor Trevino called for comments in favor of request to come forward. There being no one wishing to speak Mayor Trevino called for comments opposed to come forward. There being no one wishing to speak Mayor Trevino closed the public hearing. COUNCILWOMAN JOHNSON MOVED TO APPROVE PS 2002-33 THE FINAL PLAT OF FOREST GLEN EAST PHASE II ADDITION. COUNCILMAN LYLE WELCH SECONDED THE MOTION. Motion to approve carried 6-0. 8. GN 2002-133 ORDINANCE CLOSING IVY LANE LOCATED IN SHADY OAKS ADDITION - ORDINANCE NO. 2672 APPROVED Mr. Curtis informed council that the Homeowners Association (HOA) of Shady Oaks is requesting permission to install a gate at the northern entrance to the Shady Oaks subdivision. Mr. Curtis informed council this is the first of two steps needed to honor the HOA's request. The City will need to officially close Ivy Lane and approve an ordinance granting a license to Shady Oaks HOA. Mr. Curtis informed council that the HOA intends to have a gate installed to keep the general public off of Ivy Lane. The ordinance granting a license is the next item for council consideration. Councilman Tolbert asked staff if they intended to erect signs notifying citizens that the street would be closed. Councilman Tolbert would like to see staff notify citizens by way of signage. Councilman Tim Welch asked Mr. Curtis if the HOA would coordinate with the Fire and Police Departments in the event of an emergency city vehicles would have access to street. Mr. Curtis informed council that the HOA would be responsible for the street maintenance. Councilman Whitson asked staff if there would be a section in the license that would require a certain amount of funds to provide maintenance for the street. City Council Minutes November 25, 2002 Page 5 City Attorney George Staples advised council that there is not provision to have the HOA maintain funds for maintenance. The City can revoke license if the HOA fails to maintain the street. COUNCILMAN TOLBERT MOVED TO APPROVE GN 2002-133, ORDINANCE No. 2672. COUNCILMAN TIM WELCH SECONDED THE MOTION. Motion to approve carried 6-0. 9. GN 2002-134 GRANTING A LICENSE TO SHADY OAKS HOMEOWNERS ASSOCIATION TO USE IVY LANE (5 YEAR PERIOD) - ORDINANCE NO. 2673 APPROVED Mr. Curtis informed council that this ordinance is the second part of the process to grant the request of Shady Oaks Homeowners Association (HOA). Ordinance No. 2673 outlines the responsibilities of Shady Oaks HOA. Mr. Curtis went over the main points of the ordinance. HOA will be responsible for all street and right-of-way maintenance required for Ivy Lane. HOA will be responsible for installation cost and all operations and maintenance required on the gate installed by the HOA. HOA will provide "approved" devices to open the gate by emergency vehicles. Ordinance to expire in 5 years at which time the council can take action to extend the time period. Councilman Tim Welch asked Mr. Curtis if staff would inspect the gates to be sure it is in compliance. Mr. Curtis advised council that staff would inspect the fence after it has been erected. COUNCILMAN TIM WELCH MOVED TO APPROVE ORDINANCE No. 2673, ALLOWING SHADY OAKS HOMEOWNER ASSOCIATION TO INSTALL A GATE ON IVY LANE FOR A FIVE-YEAR PERIOD. COUNCILMAN TOLBERT SECONDED THE MOTION. Motion to approve carried 6-0. City Council Minutes November 25, 2002 Page 6 10. GN 2002-135 APPOINTMENT TO ALTERNATE POSITION ON THE PLANNING AND ZONING COMMISSION AND CAPITAL IMPROVEMENT ADVISORY COMMITTEE APPROVED City Secretary Patricia Hutson advised council that Mr. John Lewis who held the alternate position was recently appointed to Place 5 on the Planning and Zoning and Capital Improvement Advisory Committee. Mayor Trevino is recommending that Mr. Richard Davis be appointed to alternate on the Planning and Zoning Commission and Capital Improvement Advisory Committee, term expiring June 30, 2004. COUNCILWOMAN JOHNSON MOVED TO APPOINT RICHARD DAVIS TO ALTERNATE POSITION ON THE PLANNING AND ZONING COMMISSION AND CAPITAL IMPROVEMENT ADVISORY COMMITTEE. COUNCILMAN LYLE WELCH SECONDED THE MOTION. Motion to approve carried 6-0. 11. PU 2002-046 AWARD OF BID TO GREEN SCAPING IN THE AMOUNT OF $1,300,717 FOR THE CONSTRUCTION OF THE NEIGHBORHOOD PARKS PROJECT (BRANDONWOOD PARK SITE, FOSTER VILLAGE, SNOW HEIGHTS ELEMENTARY SCHOOL, AMUNDSON/MAIN PARK SITE, MULLENDORE ELEMENTARY SCHOOL) AND APPROVE RESOLUTION NO. 2002-094 APPROVED Parks and Recreation Director Jim Browne summarized item for council. Mr. Browne brought to council's attention that the approved Parks and Recreation Facilities Development Capital Improvement Program included funding for the design and construction of new neighborhood parks at the following locations: Brandonwood Park Site Foster Village Snow Heights Elementary School Proposed improvements for each site include a playground, pavilion, multi-use trail, landscaping, irrigation and public art. The total budget for construction for the five neighborhood parks is $1,315,470. Amundson/Main Park Site Mullendore Elementary School Mr. Browne informed council that there were six alternates included in the bid for pricing and consideration. The alternate bids were: Alternate 1 Koi Pond at Brandonwood Alternate 2 Seasonal Color Beds at Brandonwood City Council Minutes November 25, 2002 Page 7 Alternate 2A Decorate Streetlight at Brandonwood Alternate 3 Black Vinyl Fence at Foster village, Mullendore and Snow Heights Alternate 4 Grading and Drainage at Snow Heights Alternate 5 Side Pavilions at Amundson/Main Alternate 6 Second Playground at Amundson Staff received eleven bids on November 7 and the recommended bid was determined using the competitive sealed proposal evaluation system. Green Scaping scored the highest using the selection criteria, which includes the base bid amount, experience of the superintendent, and prior experience with the contractor. Staff is recommending Alternate 3, 4, 5 and 6 and to award the contract for the construction of the neighborhood parks project to Green Scaping in the amount of $1,300,717. COUNCILWOMAN JOHNSON MOVED TO AWARD THE CONTRACT FOR THE CONSTRUCTION OF THE NEIGHBORHOOD PARKS PROJECT TO THE LOW BIDDER, GREEN SCAPING, IN THE AMOUNT OF $1,300,717 AND APPROVE RESOLUTION No. 2002-094 AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT WITH ALTERNATES 3,4,5 AND 6. COUNCILMAN TIM WELCH SECONDED THE MOTION. Motion to approve carried 6-0. 12. PU 2002-047 AWARD OF BID TO WALKER BUILDING CORPORATION IN THE AMOUNT OF $227,200 FOR THE CONSTRUCTION OF SHADE STRUCTURES AT WALKER'S CREEK PARK AND APPROVE RESOLUTION NO.2002-092 REJECTED Mr. Browne advised council that the design and construction of shade structures over the bleacher areas at Walker's Creek Park and Cross Timbers Park was approved in the Parks and Recreation Facilities Development Capital Improvement Program. Mr. Browne advised council that bids for the project were initially due on August 12 and only two bidders expressed interest. The bid opening was extended three more times due to a lack of interest from prospective bidders and bidders concern that the project was over budget. The bid opening was September 19 and the city received three bids. The lowest bid was from Walker Building Corporation in the amount of $433,200, which is $158,200 over budget. Bidders offered the following factors to higher than anticipated costs: retrofit installation difficult to access and remove materials and make safe for continual park use. getting interest for a relatively small project in terms of custom steelwork. · "···...·"·-"-··.-·"""-___,_'"____._~,._~_.,......~~,v.._'''~,____~_ City Council Minutes November 25, 2002 Page 8 confined workspace resulting in increase bid totals to compensate for potential damage to existing dugouts, fences, sidewalks and plaza concrete during the course of construction. Staff is recommending that the award of contract for the construction of bleacher shade structures at Cross Timbers wait until the second phase of development and that the construction of shade structure at Walker's Creek be awarded to Walker Building Corporation. Walker's bid included $227,200 for the shade structures at Walker's Creek Park. Council discussed the need and costs associated with shade structures for Walker's Creek Park and Cross Timbers. COUNCILMAN TOLBERT MOVED TO DENY PU 2002-047 WITH THE HOPE THAT THE PARK AND RECREATION DEPARTMENT WOULD RECONSIDER USING MONEY ON OTHER PROJECTS. COUNCILMAN TIM WELCH SECONDED THE MOTION. Larry J. Cunningham asked the City Attorney if council should reject bid. Mr. Staples said he would prefer if council rejected bid versus deny. Councilman Turnage let council know that he believes that the shade structures are needed. COUNCILMAN TOLBERT AMENDED HIS MOTION TO REJECT BID. COUNCILMAN TIM WELCH SECONDED THE AMENDMENT. Motion to deny carried 5-1 with Councilmen Lyle and Tim Welch, Whitson, Tolbert, Councilwoman Johnson voting for and Councilman Turnage voting against. 13. ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE-COUNCIL AGENDA No action needed. 14. A. CITIZENS PRESENTATION None. ,--. -<-·~--~~-·__"__~'~_'~_"._~+"_'_N'__~__~'~'__~~~_______.,.____. City Council Minutes November 25, 2002 Page 9 B. INFORMATION AND REPORTS Councilman Tim Welch made the following announcements. Citizen's Fire Academy will be graduating on November 26th at the Birdville Fine Arts/Athletic Complex. Congratulations to these great participants! The City of North Richland Hills facilities will be closed on November 28-29 due to the Thanksgiving Holiday. Trash service will not be provided on Thursday, November 28th but will resume on Friday, November 29th. The Keep NRH Beautiful Committee will be accepting nominations for the Annual Holiday Lighting Contest. The committee will recognize nine homeowners in our area for the beautiful lights and decorations of their homes. If you would like to nominate someone, call 817-427-6651 by December 6th. The Committee will recognize the winners at the December 9th Council Meeting. Come get into the festive holiday spirit by joining us for A Night of Holiday Magic on Saturday, December yth. The Flatlanders and Brave Combo will perform their great hits and Santa and Mrs. Claus will arrive in plenty of time for pictures with the children. We will also have a children's holiday village with lots of fun activities with a kiddie train and petting zoo. The lighting of the Christmas tree will also be a treat with spectacular fireworks following the lighting. In addition to all the fun, there will be plenty of food and beverages including hamburgers, kettle corn and hot chocolate. Come join the fun on Saturday, December 7 from 4:00-9:00 p.m. at the North Municipal Complex off Mid Cities and Tecnol Blvd. Call 817-427-6000 for further information. The Police and Fire Department are collecting unwrapped toys for the holiday season. They will provide these toys to needy families in our area. If you would like to participate, please bring an unwrapped toy to the Police Department or any of the Fire Stations. December 7 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. 817 -427 -6570 -- ~ --~...~~ .~-- +_.~-~--µ--~-~- "~-~~'""--~-~-- City Council Minutes November 25, 2002 Page 10 15. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:02 p.m. ATTEST: Oscar Trevino - Mayor Patricia Hutson - City Secretary .. CITY OF NORTH RICHLAND HILLS "- Department: Police Department Council Meeting Date: December 9,2002 Subject: Juvenile Accountability Incentive Block Grant Resolution No. 2002-093 Agenda Number: GN 2002-141 Recently, the Police Department received notification of the allocation of awards for 2003 under the Juvenile Accountability Incentive Block Grant program. This program automatically qualifies units of local government for receipt of grant funds that must be spent, among twelve purpose areas designated to enhance accountability in the juvenile justice system. The City's allocation under the 2003 program is listed at $14,100. In order to receive these funds, a cash match of approximately 10% is required. Some of the purpose areas include the following: · Building, expanding, renovating, or operating temporary or permanent juvenile correction or detention facilities; · Hiring additional juvenile judges and probation officers; · Hiring additional prosecutors; · Providing funding to enable prosecutors to address drug, gang, and youth violence problems; · Establishment of drug court' programs for juveniles to provide continuing judicial supervision over juvenile offenders with substance abuse problems. '- In reviewing this grant program, it became apparent that none of the purpose areas were appropriate for the Police Department to fund and pursue. Most all of these purpose areas apply only to a county-level administration of juvenile justice. Tarrant County Juvenile Services has requested that the municipal jurisdictions in Tarrant County waive eligibility for these grant funds and designate Tarrant County to receive the Cities' allocated amounts. All of the affected cities have expressed support of Tarrant County's request, and are in the process of obtaining the necessary approval to name Tarrant County as their deaignated beneficiary for all municipal allocations. A coalition consisting of Tarrant County and all the affected municipalities was formed four years ago for the purpose of combining all funds awarded under this grant. The aggregate grant funds would then be used to benefit the cities at the county level to: · Continue to provide counseling, treatment, and education services to all juvenile first- time offenders referred by law enforcement agencies; Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available '--- ¿ Budget Director Department Head Signature Page 1 of L CITY OF NORTH RICHLAND HILLS ~ ~:.. "- · Continue to provide substance abuse assessment and a range of treatment options for clients of the Juvenile Drug Court; · Continue to provide juvenile fingerprinting and photographic services to cities on all juvenile offender referrals to the Tarrant County Juvenile Detention Center; · Continue to provide funding for one juvenile prosecutor and two specialized juvenile probation officers. By joining with Tarrant County, the City is relieved of the responsibility of applying for the grant and supplying the cash match requirement, while still benefiting from the proposed use of the funds. Tarrant County proposes to use this year's combined allocations to provide funding for the ongoing programs listed above. The program, conceived by Tarrant County Juvenile Services and the Tarrant County Juvenile Crime Enforcement Coalition, appears to be very successful and worthwhile. The City's only responsibility is to provide a representative from the Police Department to serve on the board of the Juvenile Crime Enforcement Coalition. Recommendation: It is recommended that the City Council pass Resolution No. 2002-093 designating Tarrant County to receive the funds allocated to the City under the Juvenile Accountability Block Grant, and appoint Captain Sid Johnson with the Police Department to represent the City ',-- on the board of the Tarrant County Juvenile Crime Enforcement Coalition. CITY COUNCIL ACTION ITEM Page 2of2 RESOLUTION NO. 2002-093 WHEREAS, the City of North Richland Hills, Texas has reviewed the Juvenile Accountability Incentive Block Grant, and WHEREAS, it has been decided that the City of North Richland Hills would like to designate Tarrant County Juvenile Services as the intended recipient of the City's allocated amount, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, THAT the City waives the right to apply for the Juvenile Accountability Incentive Block Grant, and Requests that Tarrant County Juvenile Services receive these funds, and Names Captain Sid Johnson of the Police Department to serve as the City's representative member of the Tarrant County Juvenile Crime Enforcement Coalition. PASSED AND APPROVED this 9th day of December 2002. APPROVED: Oscar Trevino, Mayor ATTEST: City Secreta ry APPROVED AS TO CONTENT: ~ APPROVED AS TO FORM AND LEGALITY: Attorney for the City ~....._,. ~--~-.".,,----.__.... ... ( 4- CITY OF NORTH RICHLAND HILLS .~ Department: Planning & Inspections Department Council Meeting Date: 12/09/02 ',-- Subject: Public Hearing to Consider an Ordinance regarding Agenda Number: PZ 2002-22 revisions to residential and non residential masonry requirements and changing methodology for masonry. Ordinance. No. 2649 Case Summary The Planning & Zoning Commission has directed staff to bring forward an ordinance that would clarify the masonry requirements for residential and non residential structures in North Richland Hills. Our current ordinance requires 75% masonry for residential structures ~nd 100% masonry for non residential structures. The residential masonry requirement is calculated as only the first floor of residential structures. Based on a review of area cities and new materials in the market place, the Planning & Zoning Commission is recommending changes in the masonry ordinance to clarify percentage requirements and what is considered to be a masonry product for both residential and non residential structures in North Riçhland Hills. This revision was originally brought forward in late August to City Council. At that time the City Council referred this item back to the Planning & Zoning Commission for a final recommendation. '';.--..- The Planning & Zoning Commission held a public hearing on November 14, 2002. The outcome of the recommendations include revising the masonry percentages from 75% to 85% on residential structures. This would include the entire wall elevation of residential structures not just the first floor. A more detailed definition is also recommended that would allow 15% of any wall surface above 8 feet from the ground to be wood, siding or stucco. No concrete block, tilt wall or EIFS systems would be allowed for residential structures. Changes to the non residential masonry requirements include keeping the 100% masonry requirement with a change in the definition to allow 15% of any exterior wall to alternative masonry'systems above 8 feet from the ground. Alternative masonry systems would include stucco, cement board, reinforced EIFS or simulated masonry systems approved by the Building Official. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~ _Jd2~ Account Number Sufficient Funds Available Finance Director Department Head Signature ~è~ PZ 2002-22 Res Masonry CC sum. -. .-. -- .~- --_·_'"";·~-;'·c.-"·-.~"~.~.. CITY OF NORTH RICHLAND HILLS The proposed changes to the masonry requirements do not prohibit any applicant from requesting an SUP (special use permit). New and special materials not covered under the new ordinance revision and interpretation by the Building Official could be used following the issuance of a special use permit if approval by the City Council. -', ',,--- P&Z Recommendation: The Planning & Zoning Commission met on Thursday, November 14 and voted 7-0 to recommend that the minimum masonry requirement for residential structures be 85% of all wall sections on all floors above the finish floor level of the foundation. All non residential structures be required 100% masonry. The proposed new definition for masonry are included below. Masonry (Non-Residential) - A combination of brick, ceramic block, stone, decorative concrete block, or masonry materials installed in a craftsman like manner that are a minimum of one inch (1 ") thick and imbedded in a cementious reinforced substrate. Building trim and accent areas shall not exceed fifteen percent (15%) of any exterior wall area. Stucco, fiber reinforced cement board, reinforced EIFS or simulated masonry systems approved by the Building Official may only be used for accent areas located no closer than eight feet (8') from the adjacent grade level. \....... Masonry (Residential) - A combination of brick, ceramic block, stone, or other masonry . materials installed in a craftsman like manner that are a minimum of one inch (1 ") thick and imbedded in a cementious reinforced substrate. Up to 15% of the wall surface no closer than eight feet (8') from the adjacent grade level can use wood or alternative materials such as siding, reinforced cement board, stucco and other comparable masonry systems approved by the Building Official. Residential masonry materials and alternate materials do not include concrete block, concrete tilt wall or EIFS systems. RECOMMENDATION: To approve Ordinance No. 2649. ..--....... PZ 2002-16 R3 Revisions CC Page 2 of 2 PZ 2002-22 CONSIDERATION OF A PROPOSED REVISIONS TO THE MASONRY REQUIREMENTS OF THE ZONING ORDINANCE. APPROVED Director of Development John Pitstick explained to the Planning and Zoning Commission that they had already voted on this for residential. Mr. Tucker, seconded by Ms. Cole for 100% masonry on the first floor and 80% on the second floor. In order to be consistent for both residential and commercial staff has proposed 100% on the first floor and 85% on the second floor. Above 8' you can include a 15% of non-brick material. Dave Pendley has some examples of non-masonry to show. It will be up to the Building Official on what type of non- masonry materials will be allowed to use for the 15% that would look like masonry such as reinforced Efis. Dave Pendley, Building Official, said that there are some holes that need filled in order to enforce this properly. Masonry for non-residential is a combination of brick, ceramic block, stone, decorative concrete block or masonry materials installed in a craftsman like manner that are a minimum of 1" thick and imbedded in a cementious substrate. The building trim and accent areas shall not exceed 15% of any exterior wall area. Stucco, fiber reinforced cement board, reinforced EIFS or simulated masonry systems approved by the Building Official may only be used for accent areas located no closer than 8' from the adjacent grade level. Masonry - a combination of brick, ceramic block, stone or masonry materials installed in a craftsman like manner that are a minimum of 1" thick and imbedded in cementious reinforced substrate. We want full blown ACME-type brick as a masonry material and materials installed in a craftsman like manner to refer to materials such as simulated brick or stone, man-made material installed on a plaster or stucco like substrate and pressed into place. The stucco over the plaster is installed over the metal type lath material and the mortar joints are filled similar to regular masonry. Reinforced EIFS with the brick pattern put into the material. It is not intended to be a substitute as an actual bonified masonry and won't be able to use in residential at all. Since it is reinforced and a Sto-type product, it can be used as the trim and accent areas in commercial. You can't put a knife through it. Up close you can tell that it isn't brick, but not by driving by. It will also be above 8' so that it won't be subject to damage. The masonry definition is slightly expanded and would include the brick and stone veneer as written. This opens the door to some new uses. Eldorado Stone is precast concrete stone veneer made out of Pumis and cement. This material is an EIFS spinoff with metal backings, styrofoam attached to drywall, then tiles are glued in place on top of foam and grout installed in the joints. This looks like brick too and is proposed only in the 15% and is slightly above EIFS. Mr. Lewis asked if in the products other than masonry if we can include in our definition products proven life with life guaranteed X such as the plastic product? Dave Pendley said that it would be a manufactures guarantee. Page 14 11/14/02 P & Z Minutes Mr. Pitstick said that anyone is welcome to come before council with an SUP. 15% of each elevation above 8' can be other materials. Residential, 85% of all elevations to be brick and the other 15% can be wood or other alternative materials. This is what is in the ordinance other than what Dave Pendley added. Mr. Lewis asked if Mr. Pendley feels comfortable with the definition and is this of what we are after? Mr. Pendley answered yes. Ms. Cole said she doesn't like the 3/8" thickness. Someone will figure out how to make an inch. How far can we get and still include those type products. Mr. Pendley answered stating this one is made in widths from %" up to 2". Ms. Cole said she would like to see it more than 1". Mr. Tucker asked what is the difference from 1" to 1 %" what would we be gaining? Ms. Cole commented that it would be used over the eaves? Mr. Pendley said that because of the cementrous substrate. They could get this in an inch. Mr. Pitstick said if they got it to an inch they would have to put it on a stucco finish and installed in a craftsman like manner. Mr. Pendley said this is about as enforceable as can be right now. It gives some guidelines and leeway. Should something come up that we don't like or agree with, we can always change it. Mr. Pitstick said this is the same ordinance you recommended to council of 100% of first floor and 80% of second floor and they tabled it because they knew we would be talking about this. The new definition is a proposed ordinance of 100% for non-residential buildings. In the definition we are allowing, 15% of the area is not strictly that way. Mr. Pitstick stated that tilt wall, concrete block, EIFS not allowed in residential. In commercial you can allow it. Ms. Cole, seconded by Mr. Laubacher motioned to approve PZ 2002-22. The motion carried unanimously (7-0). Page 15 11/14/02 P & Z Minutes --_._-.- -------_.- ~. . ,. -. "-.. ~ -_._._-~----- RESIDENTIAL MASONRY REQUIREMENTS FOR AREA CITIES Masonry % 2nd Floor Stucco/EFIS/Hardyplank North Richland Hills 75% No No No PO's Hurst 80% No Yes Yes No Euless 90% Yes Yes No No Bedford 65% No No No No Colleyville N/A South lake N/A ORDINANCE NO. 2649 AN ORDINANCE AMENDING THE ZONING REGULATIONS OF THE CITY OF NORTH RICHLAND HILLS, TO AMEND ARTICLE 6, SUPPLEMENTARY DISTRICT REGULATIONS AND ARTICLE 11, DEFINITIONS RELATIVE TO MINIMUM MASONRY REQUIREMENTS FOR RESIDENTIAL AND NON-RESIDENTIAL STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR SAVINGS; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning & Zoning Commission in PZ 2002-22 has detennined the need to amend Article 6, Supplementary District Regulations and Article 11, Definitions in the Zoning Ordinance; and WHEREAS, the City Council has received the recommendations ofthe Planning and Zoning Commission concerning the matters herein dealt with, which recommendations were made after the holding of a public hearing before said Commission on such matters; and WHEREAS, notice has been published ofthe time and place of a public hearing held before the City Council concerning the changes herein made, which public hearing has been duly held; and, WHEREAS, the City Council has detennined that the amendment to the Comprehensive Zoning Ordinance herein made is in the best interest of the health, safety and general welfare of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: Section 2: THAT the Comprehensive Zoning Ordinance of the City of North Richland Hills is hereby amended by amending ARTICLE 6, SUPPLEMENTARY DISTRICT REGULATIONS and ARTICLE 11, DEFINITIONS, as shown in Exhibits "A" and "B" hereto to add, delete, or alter minimum masonry requirements for residential and non-residential structures. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections ofthis ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 3: Section 4: Section 4: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances affecting health and safety which have accrued at the time ofthe effective date ofthis ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance, but may be prosecuted until final disposition by the courts. Any person, firm or corporation violating any provision of the comprehensive zoning ordinance as amended by this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. PASSED this 9th day of December, 2002. ATTEST: CITY OF NORTH RICH LAND HILLS By: Oscar Trevino, Mayor Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: John Pitstick, Director of Development ARTICLE 6 SUPPLEMENTARY DISTRICT REGULATIONS Section 600. MASONRY REQUIREMENT FOR RESIDENTIAL BUILDINGS A. Required Masonry Percentage. The minimum required percentage of masonry on the exterior wall surface of all residential primary structures, as viewed from each elevation, shall be in accordance with the schedule contained in Table 6-1. EXEMPTION: An exemption to the masonry requirement shall apply to existing residential structures, including all pennanent structures, which do not meet the masonry requirement. Any enlargement of an existing residential structure, including all pennanent structures, shall provide an amount of masonry which matches the adjacent surfaces of the existing structure. Table 6-1 Minimum Required Masonry Percentage Residential Districts Zoning Districts Structure Type A R R R R R R R R7 P G 1 1 2 3 4 6 8 M D S D T F (1) Primary 85% 85% 85% 85% 85% 85% 85% 85% 100% 75 Structures 75% 75% 75% 75% 75% 75% 75% 75% % Accessory Bldgs. NA NA NA NA NA NA NA NA NA NA (under 200 s.f.) (1) Accessory Bldgs. NA 75% 75% 75% 75% 75% 75% 75% 75% 75 (200 s.f. or more NA 85% 85% 85% 85% 85% 85% 85% % (1) As established by the approved site plan. Masonry Calculation (Residential) New masonry cOllstmction shall consist of cìny combimrtion of brick 01 stone, 01 if appro v e,d by the, City Coullcil, OthCl oqui v alent in appcauncc masonry matcrials. - A combination of brick, ceramic block, stone, or other masonry materials installed in a craftsman like manner that are a minimum of one inch (1") thick and imbedded in a cementious reinforced substrate. Up to fifteen per cent (15%) of the wall surface no closer that eight feet (8') from the adjacent grade level can use wood or alternative materials such as siding, reinforced cement board, stucco and other comparable masonry systems approved by the Building Official. Residential masonry materials and alternate materials do not include concrete block, concrete tilt wall or EIFS systems. B. For the purpose ofthis requirement, the exterior wall surface shall be defined as the area beme~n the entire exposed exterior wall surface for each elevation between the top of the foundãtion and the plate of the filst flool, as viewed ITom a ninety degree (90°) perpendicular point facing the wall The area of door and window openings shall not be included in the calculation of this requirement. 1. When constructing additions to existing structures, materials other than those specified in the Masonry definition may be used after approved by City Council. Materials shall be consistent with that of the existing structure. 2. Materials other than those specified in the Masonry definition for new construction may be used only after the issuance of a Special Use Provision (refer to Article 5, Section 500). EXCEPTION The percentage of masonry shall be applicable to the entire exterior surface for all elevations of primary structures constructed in the R-7-MF District, excluding door and window openings. C. Residentiò11 Tilt ~l/ò111 Constl uction MasolnJ tilt wall lesid<=.ntial homes shall be allowed only in Single family Residential Planned-Development Districts. PI armed Development Dist1Íets construction oftilt wall lesidences shall be consideled only in areas whcrc ãt least ten contiguous lots arc so zoncd. fOI the pUlposes ofthis section, any public stIcet, alley 01 thOloughfare shall not pIe vent the lots £iom being considered contigtlous. The applicãtion fOI Planned Development, provided by this section, shall include a specific plan fol each StrtlctUlC including its position on thG lot and the size of each proposed struetUle. No struetUle less than 1,400 square feot shall be considered. Th~ applieãtion shall be processed as all oth~1 zoning or rezoning app1ieãtions. In ploeessing building permits and inspections in the abo v e PD zone, the Dui1ding Official shall require soil tests showing thãt soil conditions arc suitable for this type oftilt wall construction. The suitability, after soil testing, shall be ccr1ificd by a Licensed Plofessional Engincel as to each lot. The Duilding Official shall lequirc concrete tests be made for each house using tIuee cylinders rol each 25 yards of COllGlete. Defole the final inspection, a statement flom a Licensed Plofessiona1 Enginecr shall be stlbmittcd to the City stating that the stmetme has been eonstruct~d in aceoldance with the plans arId speeifieã1:ions. The exteIÌor ofthc home shall have a stucco finish and the roofshall be eoncletc tile 01 loof with similar wcight. Tho entire exteriOl sUlfaee of the home shall bc scaled ~ith a siliconc ~atcrproofscaler 01 synthctic cqual to tho silicono, and appliod pGr thc manufactmcr's rccornnl~I1datiollS. D. Unusual Construction Other types of residential construction including but not limited to geodesic domes, log homes, A-frame construction, may be allowed only after issuance of a Special Use Provision (refer to Article 5, Section 500). Section 605. MASONRY REQUIREMENT FOR NON-RESIDENTIAL BUILDINGS A. Required Masonry Percentage: The minimum required percentage of masonry on the exterior wall surface of all non-residential structures, as viewed from each elevation, shall be in accordance with the schedule contained in Table 6-2. EXEMPTION: An exemption to the masonry requirement shall apply to temporary classrooms situated on public school property. Table 6-2 Minimum Required Masonry Percentage Non-Residential Districts Zoning Districts Structure Type 01 LR Cl C2 OC 11 12 U PD Primary Structures (1) 100% 100% 100% 100% 100% 100% 100% 100% 100% Accessory Bldgs. (1) 100% 100% 100% 100% 100% 100% 100% 100% 100% (1) As established by the approved site plan. B. Masonry Calculation (Non Residential) Masonry constttletion shall consist of any combination of brick, tile, stonc, concr"t" block, 01 prccast 01 rGÍnforced conc1cte materials. TIlls requirement shall apply to all wall s""tions on all floors abovo the finish floor le v d of the foundðtion. A combination of brick, ceramic block, stone, decorative concrete block, or masonry materials installed in a craftsman like manner that are a minimum of one inch (1") thick and imbedded in a cementious reinforced substrate. Building trim and accent areas shall not exceed fifteen percent (15%) of any exterior wall area. Stucco, fiber reinforced cement board, reinforced EIFS or simulated masonry systems approved by the Building Official may only be used for accent areas located no closer than eight feet (8') from the adjacent grade level. Note: The area of door and window openings shall not be included in the calculation of this requirement. C. Materials other than those specified in the Masonry definition for new construction may be used only after the issuance of a Special Use Provision (refer to Article 5, Section 500). Article 11, Definitions M Masonry (Non-Residential) - A combination of brick, ceramic block, stone, decorative concrete block, or masonry materials installed in a craftsman like manner that are a minimum of one inch (1") thick and imbedded in a cementious reinforced substrate. Building trim and accent areas shall not exceed fifteen percent (15%) of any exterior wall area. Stucco, fiber reinforced cement board, reinforced EIFS or simulated masonry systems approved by the Building Official may only be used for accent areas located no closer than eight feet (8') from the adjacent grade level. Masonry (Residential) - A combination of brick, ceramic block, stone, or other masonry materials installed in a craftsman like manner that are a minimum of one inch (1") thick and imbedded in a cementious reinforced substrate. Up to 15% of the wall surface no closer than eight feet (8') from the adjacent grade level can use wood or alternative materials such as siding, reinforced cement board, stucco and other comparable masonry systems approved by the Building Official. Residential masonry materials and alternate materials do not include concrete block, concrete tilt wall or EIFS systems. '", CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 12/09/02 Subject: Public Hearing to Consider a Request by Mike Clark for Agenda Number: PZ 2002-32 Margaret Chase Chambless and Cardinal Lane investors L.L.C. for a zoning change from "I-L" Light Industrial and "AG" Agricultural to "0-1" Office in the 8900 block of Cardinal Lane (18.278 acres). Ordinance No. 2677 Case Summary: The applicant is requesting the rezoning to accommodate an expansion of the existing UICllnsurance development located immediately to the east of this site. Existing Land Uses: The site is vacant and characterized as mostly grass with some trees along the adjacent roadways. A small stock pond is located on the interior of the site. Comprehensive Plan: The Comprehensive Plan indicates retail uses' for this vicinity. The proposed office- campus setting is consistent with the non-residential nature of the Plan. Plat StatuslThoroughfare Plan: In addition to the rezoning request, the applicant has submitted a Preliminary Plat and a request to revise the Thoroughfare Plan in this vicinity. The Preliminary Plat and the Thoroughfare Plan revision were both approved by the Planning and Zoning Commission. The Thoroughfare Plan revision (ref. PZ 2002-37) is also on this agenda. '-- Adjacent Zoning and Land Use: North: "U" / Birdville High School track & baseball fields East: "0-1" / Drainage detention area, UICI (Mega Life) office complex South: "C-2, "1-1" / Vacant (future location of City library), industrial-type out-buildings West: "TC","1-1 "/ Vacant (Home Town), industrial-type out-buildings PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission at their meeting on, November 14, 2002, recommended approval of PZ 2002-32 by a vote of 7-0. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other -.t;J --.ÞÇ¿~ Account Number Sufficient Funds Available Finance Director Department Head Signature ~~ ~- PZ 2002-32 UICI CC ~ - ~.'----------- CITY OF NORTH RICHLAND HILLS RECOMMENDATION: If the Council determines that this zoning change is acceptable, the following motion is recommended: Approval of PZ 2002-32 and Ordinance No. 2677. ',-- PZ 2002-32 UICI CC Page 2 of 2 ."-,-,._--,--..,."---~--'~'---"--"--'" -_..~...~------- .. -."". 200' Buffer 9100 9151 9000 9121 N A NI~H PZ 2002-32 UICI Rezoning From L-1 & AG to 0-1 Prepared by Kellie Smith/Planning Dept. 10/18/02 o I 300 600 Feet I 5. PZ 2002-32 PUBLIC HEARING TO CONSIDER A REQUEST FROM MIKE CLARK REPRESENTING MARGARET CHASE CHAMBLESS AND CARDINAL LANE INVESTORS LLC FOR A ZONING CHANGE FROM "I-L" LIGHT INDUSTRIAL AND" AG" AGRICULTURE TO "0-1" OFFICE AT 8901 CARDINAL LANE (18.278 ACRES). (POSTPONED FROM THE OCTOBER 24TH MEETING) APPROVED 6. PZ 2002-37 CONSIDERA TION OF A THOROUGHFARE PLAN REVISION FROM MIKE CLARK IN THE 8900 BLOCK OF CARDINAL LANE. APPROVED 7. PS 2002-39 CONSIDERATION OF A REQUEST FROM MIKE CLARK TO APPROVE THE PRELIMINARY PLAT OF LOTS 1 AND 2, BLOCK 1 UICI ADDITION LOCATED IN THE 8900 BLOCK OF CARDINAL LANE (19.78 ACRES). APPROVED Zoning Administrator Dave Green summarized the three requests. He stated that these cases are related and generated by a proposed future westward expansion of the UICI Insurance development located immediately to the east. The applicant's first request is to rezone the site from "I-L" Light Industrial and "AG" Agricultural to the "0-1" Office District. The second request is to revise the street system in this area of the proposed expansion by the elimination of two future streets. The third request was the approval of a preliminary plat of the site known as Lots 1, 2, 3, & 4, Block 1 UICI Addition. Mr. Green pointed out that the Public Works Department has requested a minor revision to the wording of a detention area on the plat, otherwise the proposed plat satisfies all staffs comments. Chairman Don Bowen opened the public hearing. Michael Clark, Winkleman & Associates, 6750 Hillcrest Plaza, #100, Dallas 75230 representing the landowners as well as a proposed purchaser B-3 Realty and UICI. Mr. Pat Fox from B-3.Realty and Mr. Makens were present. Mr. Clark commented as far as their zoning request it is the same as what Mr. Green stated. As far as the thoroughfare amendment is concerned, they have worked with staff on an agreement to eliminate the part of the roadway leg that goes to the east property line and dead ends. This roadway is on the Thoroughfare Plan Page 11 11/14/02 P & Z Minutes and is an encumbrance for UICI from a security stand point as It creates a no- mans land from the alignment with Walker Drive. As a solution, the applicant is proposing a covenant restriction on this roadway (designated roadway "8") that would run with the land. The covenant will stipulate that roadway "B" would not be deleted from the Thoroughfare Plan unless there was contiguous ownership of the two developments and a single lot development were proposed that included a cui de sac on road "An. This situation allows UICI and 8-3 Realty to purchase the property with the knowledge that they can develop it like they want to and gives the city the hammer to have the roadway shown on the preliminary plat. The applicants are in agreement with Staffs comments on the preliminary plat and will make the change. Chairman restated that this is an open hearing and asked if there was anyone wishing to speak in favor or against the zoning request. Chairman Don Bowen closed the public hearing. Mr. Nehring, seconded by Mr. Schopper, motioned to approve PZ 2002-32. The motion carried unanimously (7-0). Mr. Tucker, seconded by Chairman Don Bowen motioned to approve PZ 2002-37. The motion carried unanimously (7-0). Mr. Tucker, seconded by Ms. Cole motioned to approve PZ 2002-39 to include engineer's comments. The motion carried unanimously (7-0). Chairman Don Bowen announced that the next two cases are connected. 9. PZ 2002-33 PUBLIC HEARING TO CONSIDER A REQUEST FROM CHARLES SMITH ON BEHALF OF NORTH HILLS HOSPITAL FOR A ZONING CHANGE FROM "R- 2" RESIDENTIAL TO "NS" NEIGHBORHOOD SERVICE AT 7800 ROGAN DRIVE. DENIED 10. PZ 2002-34 CONSIDERATION OF A SITE PLAN APPROVAL REQUEST FOR NORTH RICHLAND HILLS HOSPITAL AT 7800 ROGAN DRIVE. DENIED Page 12 11/14/02 P & Z Minutes NOTICE OF RESCHEDULED PUBLIC HEARING NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION Case #: Applicant: Location: PZ 2002-32 Mike Clark for Margaret Chase Chambless and Cardinal Lane Investors LLC 8901 Cardinal Lane (18.278-acre tract out of the L.C. Walker Survey, Abstract No. 1652) Recently you received a public hearing notice concerning this zoning request. The purpose of this notice is to inform you that the applicant has requested a postponement of the Planning & Zoning Commission Public Hearing to November 14, 2002. PurDose of Public Hearina: A public hearing is being held to consider a request from Mike Clark on behalf of property owners Margaret Chase Chambless and Cardinal Lane Investors LLC for a zoning change on the above property from "1-1" Light Industrial and "AG" Agricultural to "0-1" Office. The applicant is proposing an expansion of the existing UICllnsurance Company development. Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, NOVEMBER 14, 2002 CITY COUNCIL MONDAY, DECEMBER 9, 2002 7:00 P.M. Time: Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 @09t S lasel MEGA LIFE & HEALTH INS CO, 9151 GRAPEVINE HWY NORTH RICHLAND HILLS TX 76180-5605 "MEGA LIFE & HEALTH INC CO, 9151 GRAPEVINE HWY NORTH RICHLAND HILLS TX 76180-5605 ®09tS 104 a~eldwa~ asn GREEN, CURTIS J 9025 CARDINAL LN NORTH RICH LAND HILLS TX 76180-5406 RAMCO REAL TV ICN, 700 N PEARL ST STE 2400 DALLAS TX 75201-2832 BIRDVILLE lSD, 6119 E BELKNAP ST FORT WORTH TX 76117-4204 ...--. s)aqel ssalPPY qþ.uJaAV. GREEN, CURTIS J ETUX CATHLEEN 1211 RIDGEWOOD CIR SOUTH LAKE TX 76092-9236 NORTHEAST CROSSING LP, 301 COMMERCE ST STE 306 FORT WORTH TX 76102-4143 RAMCO REAL TV INC, 700 N PEARL ST STE 2400 DALLAS TX 75201-2832 wJ.s¡aa4S paa:f 4¡00WS 2 ORDINANCE NO. 2677 ZONING CASE PZ 2002-32 4 6 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP AND OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A PORTION OF AN 18.278 ACRE TRACT OF PROPERTY FROM 11 (LIGHT INDUSTRIAL) AND AG (AGRICULTURAL) TO 01 (OFFICE) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. 8 10 12 14 WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet ofthe property herein described at least 10 days before such hearing; and, 16 18 WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, 20 22 WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, 24 26 WHEREAS, the City Council is ofthe opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens ofthe City of North Richland Hills; NOW, THEREFORE, 28 30 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 32 Section I: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map ofthe City of North Richland Hills are hereby amended by rezoning an 18.278-acre tract of land located at 8901 Cardinal Lane and described on Exhibit "A" hereto, from II Industrial and AG Agricultural to 01 Office zoning. 34 36 38 Section 2: Any person, finn or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. 40 42 Ordinance No. 2677 Page 1 of 2 Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. 2 4 Section 4: This ordinance shall be in full force and effect immediately after passage. 6 AND IT IS SO ORDAINED. 8 PASSED on this 9th day of December, 2002. 10 CITY OF NORTH RICH LAND HILLS 12 14 By: Oscar Trevino, Mayor 16 18 ATTEST: 20 22 Patricia Hutson, City Secretary 24 APPROVED AS TO FORM AND LEGALITY: 26 George A. Staples, Attorney 28 30 APPROVED AS TO CONTENT: 32 34 John Pitstick, Director of Development Ordinance No. 2677 Page 2 of2 N 89·30'07" E ~I-- m :21 1 J. I U ~ ~ Z o N ~I (.:) z ~I >< ~ Z01 00 1ñ..¡- ~w 0(,:) CD« ::>e......... -(f -I- ~(f U")U U--I- 0;;:10:: ;::!'::J~e.. , ", '-' Ex. ZONED 1-1 U' o W ..<i., ~ (f ::> z...J «0 :¡:> POINT OF BEGINNING I N 85·23'08" W 150.87' J - I I ~I ","y Winkelmann' ~., &: Assoc:iates, Inc. CO"'5UU~ CIVIL CHGIN(CII'5 . SURYCYO"S ~~:~:' "u.;:u":'· IlIlIt 100 :;~f =:;::: t... CHARLES D. CHAMBLESS VOLUME 4194, PAGE 663 ( DRTCT ) Ex. ZONED 1-1 549.10' .~,~ -I~~ i I 1 PROPOSED ZONED 0-1 h o ~ T 8.253 ACRES ( 3$1,51. s," n. ) A PORTION OF TRACT 1 AND ALL OF TRACT 2 CONVEYED TO JAMES DARRELL POTTS VOLUME 9305, PAGE 305 ( DRTCT ) Ex. ZONED AG oU' #;~ ~$~ ~;-{~"'-{ U'O 1 1 É o /tn 1 -397.J- ow ow ~.~ . . - N~8'48'54" W -- .. " . ., . . ~t·'__1 .. ':", 'at....... \'. t. . ,', " .. ., ':'" ,..... . .. NA TIONAL OLD LINE INSURANCE COMPANY VOLUME 09796, PAGE 1375 ( DRDCT ) ZONED C-2 , ¡ ! p~ lWt-1l. ZONING EXHIBIT NW CORNER of PRECINCT LINE RD. & STATE HIGHWAY 26 NORTH RICHLAND HILLS, TEXAS ? ~ e.. 1 .'. ~ I' ~ W o ~ I ..... ~ ~ Z o N >< ~ >- J ~ j 8 wCXJ u'" zU") «w ~5;-'1 NI- :r:"'e::: ~~Ol ~ w'-'I . :r::::t -, 03 " ~~ w L.. :J « (.:) w :::t ~ , . ," ~ ,-,.,.,-.,.'> ~O""";'Jf'"'''''''' DESIGN: M.D.C. DRAWN: R.D,L. DA TE: 08/14/02 ~ N ~ ,'. 100' ~ I o ~ ~ Z o N >< ~ >- z « e.. :::t OU") U,..... W~ U zw «(.:) e::: «....... ::>e..1- (f 'U ~~O W,.....e::: Z010 :J0......... OW ...J:::t 0::> ...J ...JO «> Z o ~ « Z ~ .. j ./ / ,,' 37902ze 1 dWQ FIELD NOTE DESCRIPTION ZONING EXHIBIT 1 STATE OF TEXAS COUNTY OF TARRANT BEING a tract of land situated in the L.C. WALKER SURVEY, Abstract No. 1652 and being a portion of TRACT 1 and all of TRACT 2 conveyed to James Darrell Potts as recorded in Volume 9305, Page 305 of the Deed Records of Tarrant County, Texas ( DRTCT ) and being more particularly described as follows; BEGINNING at a 1/2 inch iron rod set at the intersection of the northerly Right-of-Way line of CARDINAL ROAD ( variable width Right-of-Way) and the easterly line of Block 1 of the HANSARD-LEWIS SUBDIVSION recorded in Volume 388-15, Page 409 of the Plat Records of Tarrant County, Texas ( PRTCT ); THENCE departing the northerly line of said CARDINAL ROAD and along the easterly line of said Block 1 North 00°43'23" West a distance of 639.92 feet to a 1/2 inch iron rod set for corner in the southerly line of a tract of land conveyed to Charles D. Chambless as recorded in Volume 4194, Page 663 ( DRTCT ); THENCE departing the easterly line of said BLOCK 1 and along the southerly line of said Charles D. Chambless tract North 89°30'07" East a distance of 549.10 feet to a 1/2 inch iron rod found for corner in the westerly line of a tract of land conveyed to the Mega Life and Health Insurance Company as recorded in Volume 12321, Page 538 ( DRDCT ); THENCE departing the southerly line of said Charles D. Chambless tract and along the westerly line of said MCGA Life and Health Insurance Company tract South 00°34'32" East a distance of 665.03 feet to a 1/2 inch iron rod set for corner in the northerly line of a tract of land conveyed to the National Old Line Insurance Company as recorded in Volume 09796, Page 1375 ( DRTCT ); THENCE departing the westerly line of said MCGA Life and Health Insurance Company tract and along the northerly line of said National Old Line Insurance Company tract North 88°48'54" West a distance of 397.39 feet to a 3/8" inch iron rod found for corner in the northerly Right-of-Way line of said CARDINAL ROAD; THENCE departing the northerly line of said National Old Line Insurance Company tract and along the northerly Right..of-Way line of said CARDINAL ROAD North 85°23'08" West a distance of 150.87 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 8.253 acres or 359,518 square feet of land more or less. Bearings contained within this field note description are based upon an on the ground survey preformed in the field on the 17th day of July, 2002 utilizing the bearings found in a Substitute Trustee's Deed recorded in Volume 9305, Page 305 ( DRTCT ). ._-~-._.- :r--- N:r:-- Scal.: ,". 200' ZONED TOWN CENTER - - - - - - - - - "SIWO'NS---crRJ\í£- - - - .. r, r, < , '.;';,,'-'1. < iso' Rlg~lr-af-wc{y), ~ N 00'0137 Ë- 340.9B WILLIE HAROLD GRAY, .1 ux VOL 3347, PG. 2BB ( PRTCT ) L ~ Ex. ZONED AG Ex. ZONED AC ~ oil 51 _ _ _ ZONIN,9 _ UNE_ Ex, ZONED 1-1 Ex. ZONED 1-1 ~ JJ.~' , tIß f'IJ.WJ ~ í ~~ '" 0 IZ ¡¡¡ I ~ 10.253 ACRES N 0 ( 446,560 Sq. F"l ) I 0 2:; '" 0. BIRDVlLLE INDEPENDENT SCHOOL DISTRICT VOL , PC. ( PRTCT ) BLOCK 1 HANSARD-LEWIS SUBDIVISION VOL 36B-15, PG. 409 ( PRTCT ) ------ ZO~ '" ... cri .. tD CHARLES D. CHAMBLESS, ET UX MARCARET L CHAMBLESS VOLUME 4194, PAGE 663 ( DRTCT ) ZONED 1-1 Ex. ZONED 1-1 ---a I LIt:1L A PORTION OF" TRACT 1 AND ALL OF" TRACT 2 CONVEYED TO JAMES DARRELL POTTS VOLUME 9305, PACE 305 ( DRTCT ) I I~ ...1 ~I ~ Ii: en Ex. ZONED AC MEGA UF"E AND HEALTH INS, CO, LOT 2, BLOCK 1 VOL. 9796, PC, 137B ( DRTCT ) NOT A BUILDABLE LOT S 00'30'22· L_ AECON OF'F"ICE PARK ADDITION LOT 1, BLOCK 1 ZONEO 0-' ,..., Winkelmann ~.. & Associates, Inc. ZONING EXHIBIT NW CORNER of PRECINCT LINE RD. & STATE HIGHWAY 26 NORTH RICHLAND HILLS, TEXAS DESIGN: M.D.C. DRAWN: R.D.L. DATE: 09/04/02 CONSULI NÇ CIVIL ENGINEUS . SUItVE'I'OItS tJlOlOIu..c:It'f~OI..SUlfCIOO (":r).M~tO.O ØAl.U.s, TOAI 1IUO ('7t) ......7Ot. fA. J7902ze2,dwq FIELD NOTE DESCRIPTION ZONING EXHIBIT 2 STATE OF TEXAS COUNTY OF TARRANT BEING a tract of land situated in the L.C. WALKER SURVEY, Abstract No. 1652 and being all of a tract of land conveyed to Charles D. Chambless and Margaret L. Chambless as recorded in Volume 4194, Page 663 of the Deed Records of Tarrant County, Texas ( DRTCT ) and being more particularly described as follows; BEGINNING at a point in the easterly right-of-way line of SIMMONS DRIVE (50' Right-of- Way), said point being the southwest corner of Lot 1, Block 1 of the BIRDVILLE HIGH SCHOOL ADDITION, an addition to the City of North Richland Hills, Texas, as recorded in Volume , Page of the Plat Records of Tarrant County, Texas ( PRTCT ); THENCE departing the easterly right-of-way line of said SIMMONS DRIVE and along the southerly line of said BIRDVILLE HIGH SCHOOL ADDITION South 89°50'58" East, a distance of 1,319.36 feet to a point for corner bearing North 00°30'22" West, a distance of 0.59 feet from the northwest corner of Lot 1, Block 1 of the AEGON OFFICE PARK ADDITION, an addition to the City of North Richland Hills, Texas as recorded in Cabinet A, Slide 384 of the Plat Records of Tarrant County, Texas ( PRTCT ); THENCE departing the southerly line of said BIRDVILLE HIGH SCHOOL ADDITION and along the westerly line of said Lot 1, Block 1 South 00°30'22" East, a distance of 332.20 feet to a point for corner; THENCE departing the westerly line of said Lot 1, Block 1 South 89°30'07" West, a distance of 649.73 feet to a point in the northeast corner of Block 1 of the HANSARD-LEWIS SUBDIVISION as recorded in Volume 388-15, Page 409 of the Plat Records of Tarrant County, Texas ( PRTCT ); THENCE North 89°58' 23" West, a distance of 672.74 feet to a point for corner in the easterly right-of-way line of said SIMMONS DRIVE and being the northwest corner of a tract of land conveyed to WILLIE HAROLD GRAY, et ux, as recorded in Volume 3347, Page 288 of the Plat Records of Tarrant County, Texas ( PRTCT ); THENCE along the easterly right-of-way line of said SIMMONS DRIVE North 00°01 '37" East, a distance of 340.98 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 10.253 acres or 446,560 square feet of land more or less. "".~,.~-~-._.,~_._-------_._-_.,.,,"-- Dlc-06-0Z 11 :04am From-City Of North Rlchland HI I I¡-Admln +81T4ZT6016 T-663 P OZ!OZ F-5TO neC~2æ2 16; 13 w¡~ 8. ASSüÇ. 9'?24~ p .e~/Ø2 tID1Winkelmann UI ckÄs$oc:iates, lite. ~----.---- ... Deœmòer 5. 2002 Mr. Jom PÌlStÍCk Director gf Planning i DevGIopment City of North Richland Hifls PO b 820609 North RtchIantf Hills. n. 7618Z-0609 8171427-6091 817/427~6099 RE: U.t.C.t. Mr. ~Jc Please ac.œpt thls letter on behiIt of U.I.C.J. is their request ro table the zoning case rot the subject project from the December 9, 2002 Council Agenda. We request to be resd1eduled fur ~ January , 3. Z003 agenda. If Y01J have any qWGiw, pJ~ii$C give me a CilJ. SÍ0Ç9rely, W'ß1iœlmlnn &.AssocIata, in'- Michael D. tla~. P.E, Ct: !i~ ~~n! Pat Fox tj; \wor~\37902\ujci &750 ~1IIcr.st ~:r. n.;... ct-.......... TOrR P.02 ç /Ç 300d ~91 OVS ¿ 18: xtI:I ANt:1dWCC SN3)It1W 3Hl: a I ~: 60 æ, 9<Y'G'1 668' ON 3ï I--l '. ,." CITY OF NORTH RICHLAND HILLS "-, Department: Planning & Inspections Department Council Meeting Date: 12/09/02 Subject: Public Hearing to Consider a Request by UICI Agenda Number: PZ 2002-37 Insurance Company for a revision to the Thoroughfare Plan in the vicinity of the 8900 block of Cardinal Lane. Ordinance No. 2678 Case Summary: As a result of a proposed zoning change by UICI on approximately 18 acres adjacent to the current office facilities, UICI is requesting abandonment of a portion of a proposed commercial street (Road "A"). Since the proposed zoning and platting request encompasses both sides of the propÇ>sed road "A", staff is in favor of removing this section of street from the Thoroughfare Plan (see attached map). ' UICI is also providing a preliminary plat for the 18-acre parcel and is requesting a developer covenant agreement for future abandonment of a perimeter street. Staff has agreed in concept that if the major portion of this land is used in a campus type setting with a single user then the commercial street could be removed from the Thoroughfare Plan in the future. An ordinance is included that would require City Council approval as part of this request. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission at their meeting on, November 14, 2002, recommended approval of PZ 2002-37 by a vote of 7-0. ',,- RECOMMENDATION: If the Council determines that this Thoroughfare Plan revision is acceptable, the following motion is recommended: Approval of PZ 2002·37 and Ordinance No. 2678. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ---= A ì )~ ~£?V Account Number Sufficient Funds Available ~~ City Manager Signature -----. Department Head Signature "'~-I PZ 2002-37 UICI Thoroughfare Plan CC --- SJlwn ,(¡,::> -;.. - c:: Q) () E.~ f - Q)"t) ~ û)ro ~- - ~ WC~ I- ,.... Q) ~ -E- - M Q) .- m I Q) () - N~a.ro "" :I: a-OLL. >< aWã>- W NO>ü N;~5 ~ ~~ I1.c::c::o · (l~AJ ,0 3: I- ~- 8~Fi1 ,~ 0 ~ >1- pr' Q) Q) ~E 0 :z:: --' ...v/~ ~ .. .. m .. .. (J) co- -u 1:- ~2 :: 1:0 <C 0 I: .... "C 0 1:'- "'C CO (J) _ .0 5 ", co'" & ~~ ~'O Q)t:: :::J CO C"Q. ~ .. z ¡---; ORDINANCE NO. 2678 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; AMENDING THE MASTER THOROUGHFARE PLAN OF THE CITY OF NORTHRICHLANDHILLS, TEXAS, WHICH WAS PASSED, APPROVED AND ADOPTED BYTHE CITY COUNCIL IN DECEMBER 2002; PROVIDING FOR SEVERABILITY; PROVIDING FOR SAVINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills has forwarded a recommendation to the City Council for amendment of the Master Thoroughfare Plan ofthe City of North Richland Hills, Texas; and WHEREAS, the City Council has conducted a public hearing to consider said revision, and after hearing, determines that such revisions shall be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: Section 2: Section 3: Section 4: Ordinance No, 2678 Page 1 of2 THAT the Master Thoroughfare Plan is hereby amended by removing the eastern portion of Road "A," a Modified CS 70-40 street, described in Exhibit "A" and shown on Exhibit "B," the Preliminary Plat of the VIC! Addition. THAT Road "B," a Modified CS 70-40 street, described in Exhibit "A" and shown on Exhibit "B," the Preliminary Plat ofthe VIC! Addition, remain on the Master Thoroughfare Plan. The City of North Richland Hills agrees to delete Road "B" in the event that: A. Lot 1, Block 1, of the VIC! Addition remains a single lot; B. Lot 1, Block 1, ofthe VIC! Addition is owned and operated by the same ownership as Lot 1, Block 1, of the Aegon Office Park Addition; and/or C. The City of North Richland Hills approves a unified development plan that incorporates Lot 1, Block 1 ofthe Aegon Office Park Addition with Lot 1, Block 1, of the VIC! Addition. THAT the Master Thoroughfare Plan be redrawn to incorporate this amendment. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 5: All rights and remedies ofthe City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances affecting health and safety which have accrued at the time ofthe effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance, but may be prosecuted until final disposition by the courts. Section 6: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. PASSED on this 9th of December, 2002. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: John Pitstick, Director of Development Ordinance No, 2678 Page 2 of 2 5. PZ 2002-32 PUBLIC HEARING TO CONSIDER A REQUEST FROM MIKE CLARK REPRESENTING MARGARET CHASE CHAMBLESS AND CARDINAL LANE INVESTORS LLC FOR A ZONING CHANGE FROM "I-L" LIGHT INDUSTRIAL AND "AG" AGRICULTURE TO "0-1" OFFICE AT 8901 CARDINAL LANE (18.278 ACRES). (POSTPONED FROM THE OCTOBER 24TH MEETING) APPROVED 6. PZ 2002-37 CONSIDERATION OF A THOROUGHFARE PLAN REVISION FROM MIKE CLARK IN THE 8900 BLOCK OF CARDINAL LANE. APPROVED 7. PS 2002-39 CONSIDERATION OF A REQUEST FROM MIKE CLARK TO APPROVE THE PRELIMINARY PLAT OF LOTS 1 AND 2, BLOCK 1 UICI ADDITION LOCATED IN THE 8900 BLOCK OF CARDINAL LANE (19.78 ACRES). APPROVED Zoning Administrator Dave Green summarized the three requests. He stated that these cases are related and generated by a proposed future westward expansion of the UICI Insurance development located immediately to the east. The applicant's first request is to rezone the site from "I-L" Light Industrial and "AG" Agricultural to the "0-1" Office District. The second request is to revise the street system in this area of the proposed expansion by the elimination of two future streets. The third request was the approval of a preliminary plat of the site known as Lots 1, 2, 3, & 4, Block 1 UICI Addition. Mr. Green pointed out that the Public Works Department has requested a minor revision to the wording of a detention area on the plat, otherwise the proposed plat satisfies all staffs comments. Chairman Don Bowen opened the public hearing. Michael Clark, Winkleman & Associates, 6750 Hillcrest Plaza, #100, Dallas 75230 representing the landowners as well as a proposed purchaser B-3 Realty and UICI. Mr. Pat Fox from B-3 Realty and Mr. Makens were present. Mr. Clark commented as far as their zoning request it is the same as what Mr. Green stated. As far as the thoroughfare amendment is concerned, they have worked with staff on an agreement to eliminate the part of the roadway leg that goes to the east property line and dead ends. This roadway is on the Thoroughfare Plan Page 11 11/14/02 P & Z Minutes and is an encumbrance for UICI from a security stand point as It creates a no- mans land from the alignment with Walker Drive. As a solution, the applicant is proposing a covenant restriction on this roadway (designated roadway "B") that would run with the land. The covenant will stipulate that roadway "B" would not be deleted from the Thoroughfare Plan unless there was contiguous ownership of the two developments and a single lot development were proposed that included a cui de sac on road "A". This situation allows UICI and B-3 Realty to purchase the property with the knowledge that they can develop it like they want to and gives the city the hammer to have the roadway shown on the preliminary plat. The applicants are in agreement with Staff's comments on the preliminary plat and will make the change. Chairman restated that this is an open hearing and asked if there was anyone wishing to speak in favor or against the zoning request. Chairman Don Bowen closed the public hearing. Mr. Nehring, seconded by Mr. Schopper, motioned to approve PZ 2002-32. The motion carried unanimously (7-0). Mr. Tucker, seconded by Chairman Don Bowen motioned to approve PZ 2002-37. The motion carried unanimously (7-0). Mr. Tucker, seconded by Ms. Cole motioned to approve PZ 2002-39 to include engineer's comments. The motion carried unanimously (7-0). Chairman Don Bowen announced that the next two cases are connected. 9. PZ 2002-33 PUBLIC HEARING TO CONSIDER A REQUEST FROM CHARLES SMITH ON BEHALF OF NORTH HILLS HOSPITAL FOR A ZONING CHANGE FROM "R- 2" RESIDENTIAL TO "NS" NEIGHBORHOOD SERVICE AT 7800 ROGAN DRIVE. DENIED 10. PZ 2002-34 CONSIDERATION OF A SITE PLAN APPROVAL REQUEST FOR NORTH RICHLAND HILLS HOSPITAL AT 7800 ROGAN DRIVE. DENIED Page 12 11/14/02 P & Z Minutes .>. -,..--.._.......~_..~."_. CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 12/09/02 Subject: Public Hearing to Consider a Request from Fran McCarthy Agenda Number: LRB 2002-04 for Alan Young Pontiac/Buick/GMC for approval of a variance from Ordinance No. 2473 Landscape Regulations at 7700 Grapevine Highway. Case Summary Alan Young Pontiac/Buick/GMC is proposing to remove a small retail building located at the southeast corner of the Grapevine Highway and Loop 820 intèrsection (east-bound service road) and rebuild, in it's place, a new structure containing a car wash, lube center and Enterprise Rent-A-Car facility. All of these changes can be made under the current zoning of this property. The car wash and lube center would be utilized by the dealership as well as the public for service. The proposed car rental facility will replace an existing facility on the site. Access to the site is provided by an existing 22' access easement that parallels the eastern boundary of the site. No access is proposed from either Grapevine Highway or the Loop 820 Service Road. The site is required by the Landscape Ordinance to have a 15' landscape setback along both the Grapevine Highway and Loop 820 frontages. This setback is to be provided on private property and not in the street ROW. Because of the site's triangular configuration and the location of the proposed building/parking, the applicant is proposing to provide the bulk of the required 15' landscaping in the Grapevine Highway and Loop 820 ROW. They are proposing to provide additional landscaping onsite and landscaping the right of way as an offset for the proposed hardship variance. ',-- Beginning at the northeast corner of the site, the landscape plan proposes a minimum 15' of landscaping (all in the Loop 820 ROW) which then widens to approximately 22' (7.5' on the applicant's property) along the Grapevine Highway frontage. In the southwest corner of the site the applicant is providing a landscape feature consisting of trees and landscaped berms, the bulk of which are on the applicant's property. In the proposed street landscape area, the applicant is providing street trees approximately every 40' (exceeds the min. 50' required) and is proposing a series of 24"-36" tall landscaped berms with groundcover consisting of Bermuda grass and Asian Jasmine (City Image Study element). In addition, the applicant is providing a landscape screen along the southern property line consisting of both trees and shrubs. Because the adjacent property is zoned commercial, this landscape screen is not required by the Landscape Ordinance. Finance Review Source of Funds: Bonds (GOlRev.) - &J Operating Budget - :J~y~ Department Head Signature Account Number Suffident Fun& A VailaU ~'~itæwg~~ \'-.-.' LRB 2002-04 Alan Young Page 1 of 2 '\ -._.~._~ "'~--"""""'"-".'-'--'-' --,- CITY OF NORTH RICHLAND HILLS Due to the recent completion of the Loop 820 Interchange Project, staff does not feel that any additional street paving will be required in the existing ROW of either Grapevine Highway or Loop 820 Service Road at this location. A 15 foot landscape buffer could be provided on this site, however the proposed buildings and parking spaces would have to be reduced. The fact that no additional right-of-way will be needed in the future, elements of the applicant's landscape plan are consistent with the City Image Study and adequate overall landscaping is provided on site, staff does not object to the prbposed landscape plan as long as the applicant obtains permission from TXDOT to landscape within the highway ROW. This will provide a consistent landscaped buffer up to 22 feet behind the curb. Staff would recommend if TXDOT does not allow for landscaping in the right-of-way, that the applicant be required to provide a minimum of a 15 foot landscape buffer. · A variance from the minimum 15' landscape setback (on the applicant's property) required along the Grapevine Highway I Loop 820 frontages in lieu of that provided by the attached plan. \........... If Council determines that this landscape plan is acceptable, the following motion is recommended: Approval of LRB 2002-04. ~ LRB 2002·04 Alan Young Page 2 of 2 - .~.<~"---_._-- NOTICE OF RESCHEDULED PUBLIC HEARING NORTH RICHlAND HillS lANDSCAPE REVIEW BOARD (CITY COUNCil) CASE # lRB 2002-04 Fran McCarthy for Alan Young Pontiac/BuicklGMC 7700 Grapevine Hwy. lot 1, Block 1 Calloway Addition Recently you received a notice concerning a public hearing for the above case. The purpose of this notice is to inform you that the public hearing date has been rescheduled for Monday, December 9,2002. Purpose of Public Hearina: A public hearing is being held to consider a variance request by Fran McCarthy on behalf of Alan Young Pontiac/Buick/GMC from Ordinance No. 2473 Landscape Regulations. The applicant is requesting a variance to construct a new commercial building without providing the required 15' landscape setback along Grapevine Highway and the Loop 820 (east-bound) Service Road. The applicant is proposing a reduced setback along these frontages. Rescheduled Public Hearina: Public Hearing date: MONDAY, DECEMBER 9, 2002 7:00 P. M. Time: Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 LRB 2002-04 Alan You Scale 1 :4432 NE LOOP 820 NE LOOP 820 ------ N NRH A LRB 2002-04 Lot 1 Block 1 Calloway Addition Landscape Review Prepared by Kellie Smith/Planning Dept. 0 300 11/14/02 600 Feet ,. -_. --"' ---~ '~IUULlI n:eu ;)Oeets"Yl \.....,KIC L()l)2...-C4 YTl~~ , MAY ADVERTISING VENTURE f" PO BOX 163228 FORT WORTH TX 76161-3228 NORTH RICHLAND HfLLS, CITY OF 7301 N E LOOP 820 NORTH RICHLAND HILLS TX 76180-0000 CORRAL GROUP INC, 7750 N MACARTHUR BLVD S IRVING TX 75063-7501 UAVERY® Address labels AJY REAL ESTATE PRTNRSHF LP, PO BOX 820769 FORT WORTH TX 76182-0769 DIMPLE HOTEL CORP, 4451 SOUTH FWY FORT WORTH TX 76115-2745 SCHUMAN, HENRY E JR 7720 NE LOOP 820 FORT WORTH TX 76180-8303 -_._------_._._-~-----.-----~--~~----~- '- Use template for 5160® ALAN YOUNG BUICK INC, PO BOX 18769 N RICHLAND HfLLS TX 76180-0000 TEXAS, STATE OF PO BOX 6868 FORT WORTH TX 76115-0000 MILLER, FRED L TR 7628 NE LOOP 820 NORTH RICHLAND HILLS TX 76180-8302 laser 5160® . /. CITY OF NORTH RICHLAND HILLS . . I Department: Administration Council Meeting Date: 12/09/02 Agenda Number: GN 2002-136 , --- Subject: Call Bond Election for February 1 , 2003 - Ordinance No. 2679 At the November 25 Pre-Council meeting City Staff presented additional information regarding the Fire Training Facility in an attempt to reach council consensus on all recommended bond projects by the Citizen's Bond Committee. At the November 25 meeting City Council reached consensus on all projects and various components totaling $38,210,000. It was agreed to move forward with calling the bond election at the December 9,2002 City Council meeting. We have been in contact with our bond counsel and they have prepared the ordinance calling for the election that outlines all the legal issues and requirements, the amount of the issue, wording of the propositions, polling locations, early voting, etc. The attached ordinance outlines all the particular details with regards to calling the election as well as how it will be structured on the ballot. The ballot will have five propositions: Proposition One: Proposition Two: Proposition Three: Proposition Four: Proposition Five: Street and Transportation Improvements - $30,010,000 Drainage Improvements - $4,000,000 Public Safety Facility Improvements - $1,900,000 Public Works Facility Improvements - $1,000,000 Animal Shelter - $1,300,000 , '- Once the election has been called staff will follow through with notification. The City will begin preparations to inform and educate the citizens. It is our understanding that the Citizen's Bond Study Committee will pursue other avenues to educate the citizens. Recommendation: To approve Ordinance No. 2679 calling for the Bond Election on February 1, 2003. Finance Review inance Director Source of Funds: Bonds (GO/Rev.) Operating Budget Other Page 1 of L ORDINANCE NO. 2679 AN ORDINANCE ordering a bond election to be held in the City of North Richland Hills, Texas, making provision for the conduct of the election and resolving other matters incident and related to such election. WHEREAS, the City Council of the City of North Richland Hills, Texas hereby finds that an election should be held to determine whether said governing body shall be authorized to issue bonds of said City in the amounts and for the purposes hereinafter identified; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: An election shall be held on the 1st day of February, 2003, in the City of North Richland Hills, Texas, which date is not less than fifteen (15) nor more than ninety (90) days from the date of the adoption hereof and is a uniform election date pursuant to V.T.C.A, Election Code, Section 41.001, for the purpose of submitting the following measures: PROPOSITION NUMBER 1 "SHALL the City Council of the City of North Richland Hills, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $30,010,000 for permanent public improvements and public purposes, to wit: street improvements, including traffic signalization, drainage incidental thereto and the acquisition of land and right-of-way therefor; such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" PROPOSITION NUMBER 2 "SHALL the City Council of the City of North Richland Hills, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $4,000,000 for permanent public improvements and public purposes, to wit: drainage improvements; such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" PROPOSITION NUMBER 3 "SHALL the City Council of the City of North Richland Hills, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $1,900,000 for permanent public improvements and public purposes, to wit: constructing and equipping public safety facilities (fire and police), including the acquisition of land therefor; such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" PROPOSITION NUMBER 4 "SHALL the City Council of the City of North Richland Hills, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $1,000,000 for permanent public improvements and public purposes, to wit: renovating and improving the City's maintenance service center facility; such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" PROPOSITION NUMBER 5 "SHALL the City Council of the City of North Richland Hills, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $1,300,000 for permanent public improvements and public purposes, to wit: constructing and equipping an animal shelter, including the acquisition of land therefor; such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" SECTION 2: Electronic voting systems shall be used in this election and for early voting by personal appearance and by mail, and each voter shall record his vote by marking the ballot which is to be counted by optic-scan machines or direct read equipment furnished by the county. Ballots shall be prepared in accordance with the applicable provisions of the Election Code so the voters may cast their ballots either "FOR" or "AGAINST" the aforesaid measures which shall appear on the ballot in substantially the following form: PROPOSITION NUMBER 1 "THE ISSUANCE OF $30,010,000 GENERAL OBLIGATION BONDS FOR STREET IMPROVEMENTS" PROPOSITION NUMBER 2 "THE ISSUANCE OF $4,000,000 GENERAL OBLIGATION BONDS FOR DRAINAGE IMPROVEMENTS" PROPOSITION NUMBER 3 "THE ISSUANCE OF $1,900,000 GENERAL OBLIGATION BONDS FOR PUBLIC SAFETY FACILITIES (FIRE AND POLICE)" PROPOSITION NUMBER 4 "THE ISSUANCE OF $1,000,000 GENERAL OBLIGATION BONDS FOR THE CITY'S MAINTENANCE SERVICE CENTER FACILITY" PROPOSITION NUMBER 5 "THE ISSUANCE OF $1,300,000 GENERAL OBLIGATION BONDS FOR AN ANIMAL SHELTER" SECTION 3: The City shall be divided into three election precincts for this election and the polling places designated for each election precinct and the persons hereby appointed to serve as Presiding Judge and Alternate Presiding Judge for each polling place are shown in Exhibit "A", which is attached hereto and incorporated herein by reference as a part hereof for all purposes. Each Presiding Judge shall appoint not less than two (2) nor more than six (6) qualified clerks to serve and assist in holding said election; provided that if the Presiding Judge herein appointed actually serves, the Alternate Presiding Judge shall be one of the clerks. On election day, the polls shall be open from 7:00 AM. to 7:00 P.M. Early voting shall be conducted at the City Secretary's office in the City Hall (the Pre- Council Room and the City Council Chambers shall be considered an extension of the City Secretary's office for early voting), 7301 Northeast Loop 820, North Richland Hills, Texas, in accordance with the provisions of V.T.C.A, Election Code. Early voting for this election shall begin Wednesday, January 15, 2003 and end Tuesday, January 28, 2003, and the hours designated for early voting by personal appearance shall be from 8:00 AM. to 5:00 P.M. on each day, except Saturdays, Sundays and official State holidays. For purposes of processing ballots cast in early voting, the City Secretary, or her designee, shall be responsible for conducting early voting, both in person and by mail, and has the authority to contract with Tarrant County for early voting services and other miscellaneous services. SECTION 4: All resident qualified electors of the City shall be permitted to vote at said election, and on the day of the election, such electors shall vote at the polling place designated for the Election Precinct in which they reside. This election shall be held and conducted in accordance with the provisions of V.T.C.A., Election Code and Chapter 1 of Title 22, V.A.T.C.S., and as may be required by law, all election materials and proceedings shall be printed in both English and Spanish. SECTION 5: A substantial copy of this ordinance shall serve as proper notice of said election. Said notice, including a Spanish translation thereof, shall be posted at three (3) public places within the City and at the City Hall not less than fourteen (14) full days prior to the date on which said election is to be held, and be published on the same day in each of two successive weeks in a newspaper of general circulation in said City, the first of said publications to appear in said newspaper not more than thirty (30) days and not less than fourteen (14) full days prior to the day of the election. PASSED AND APPROVED, this the 9th day of December, 2002. Mayor, City of North Richland Hills, Texas ATTEST: City Secretary, City of North Richland Hills, Texas (City Seal) APPROVED AS TO FORM AND LEGALITY: City Attorney, City of North Richland Hills, Texas ELECTION PRECINCT NO 1. (I ncludes Tarrant County Voting Precincts Numbered 3214, 3324, 3333, 3041, 3364 & 3366) NO.2 (Includes Tarrant County Voting Precincts Numbered 3215, 3140, 3326, 3289, 3424&4141 NO.3 (Includes Tarrant County Voting Precincts Numbered 3063, 3049, 3177, 3209, 3367, 3387, 3507, 3527, 3543 & 3584 EXHIBIT A POLLING PLACE City Hall 7301 Northeast Loop 820 Dan Echols Senior Adult Center 6801 Glenview Drive Bursey Road Senior Adult Center 7301 Bursey Road PRESIDING JUDGE ALTERNATE PRESIDING JUDGE Gerry Cozby Bill Weihs Norman Peterson Helen Moore Elouise Kennedy James Hollingsworth RevIsed" ORDINANCE NO. 2679 AN ORDINANCE ordering a bond election to be held in the City of North Richland Hills, Texas, making provision for the conduct of the election and resolving other matters incident and related to such election. WHEREAS, the City Council of the City of North Richland Hills, Texas hereby finds that an election should be held to determine whether said governing body shall be authorized to issue bonds of said City in the amounts and for the purposes hereinafter identified; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: An election shall be held on the 1 sl day of February, 2003, in the City of North Richland Hills, Texas, which date is not less than fifteen (15) nor more than ninety (90) days from the date of the adoption hereof and is a uniform election date pursuant to V.T.C.A, Election Code, Section 41.001, for the purpose of submitting the following measures: PROPOSITION NUMBER 1 "SHALL the City Council of the City of North Richland Hills, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $30,010,000 for permanent public improvements and public purposes, to wit: street improvements, including traffic signalization, drainage incidental thereto and the acquisition of land and right-of-way therefor; such bonds to mature serially or otherwise over a period not to exceed from their date, to be issued and sold in one or more series at any or and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" PROPOSITION NUMBER 2 "SHALL the City Council of the City of North Richland Hills, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $4,000,000 for permanent public improvements and public purposes, to wit: drainage improv;~;~ts;~u~~~~~~s to mature serially or otherwise over a period not to exceed Mil~,.(g~)~~~!I§ from their date, to be issued and sold in one or more series at any' price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" PROPOSITION NUMBER 3 "SHALL the City Council of the City of North Richland Hills, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $1,900,000 for permanent public improvements and public purposes, to wit: constructing and equipping public safety facilities (fire and police), including the acquisition of land therefor; such bonds to mature serially or otherwise over a period not to exceed 1i~5J~~,I~~~~.Y~ª~ from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" PROPOSITION NUMBER 4 "SHALL the City Council of the City of North Richland Hills, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $1,000,000 for permanent public improvements and public purposes, to wit: renovating and improving the City's maintenance service center facility; such .~,~"~.,~.,~ to mature serially or otherwise over a period not to exceed ".Iii;~!~;~~~~ Y'~ê.~~ from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" PROPOSITION NUMBER 5 "SHALL the City Council of the City of North Richland Hills, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $1,300,000 for permanent public improvements and public purposes, to wit: constructing and equipping an animal shelter, including the acquisition of land therefor; such bonds to mature serially or otherwise over a period not to exceed ".Iii;~lIj¡¡¡~II'!!Yiil~ from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" SECTION 2: Electronic voting systems shall be used in this election and for early voting by personal appearance and by mail, and each voter shall record his vote by marking the ballot which is to be counted by optic-scan machines or direct read equipment furnished by the county. Ballots shall be prepared in accordance with the applicable provisions of the Election Code so the voters may cast their ballots either "FOR" or "AGAINST" the aforesaid measures which shall appear on the ballot in substantially the following form: PROPOSITION NUMBER 1 "THE ISSUANCE OF $30,010,000 GENERAL OBLIGATION BONDS FOR STREET IMPROVEMENTS" PROPOSITION NUMBER 2 "THE ISSUANCE OF $4,000,000 GENERAL OBLIGATION BONDS FOR DRAINAGE IMPROVEMENTS" PROPOSITION NUMBER 3 "THE ISSUANCE OF $1,900,000 GENERAL OBLIGATION BONDS FOR PUBLIC SAFETY FACILITIES (FIRE AND POLICE)" PROPOSITION NUMBER 4 "THE ISSUANCE OF $1,000,000 GENERAL OBLIGATION BONDS FOR THE CITY'S MAINTENANCE SERVICE CENTER FACILITY" PROPOSITION NUMBER 5 "THE ISSUANCE OF $1,300,000 GENERAL OBLIGATION BONDS FOR AN ANIMAL SHELTER" SECTION 3: The City shall be divided into three election precincts for this election and the polling places designated for each election precinct and the persons hereby appointed to serve as Presiding Judge and Alternate Presiding Judge for each polling place are shown in Exhibit "A", which is attached hereto and incorporated herein by reference as a part hereof for all purposes. Each Presiding Judge shall appoint not less than two (2) nor more than six (6) qualified clerks to serve and assist in holding said election; provided that if the Presiding Judge herein appointed actually serves, the Alternate Presiding Judge shall be one of the clerks. On election day, the polls shall be open from 7:00 AM. to 7:00 P.M. Early voting shall be conducted at the City Secretary's office in the City Hall (the Pre- Council Room and the City Council Chambers shall be considered an extension of the City Secretary's office for early voting), 7301 Northeast Loop 820, North Richland Hills, Texas, in accordance with the provisions of V.T.C.A, Election Code. Early voting for this election shall begin Wednesday, January 15, 2003 and end Tuesday, January 28, 2003, and the hours designated for early voting by personal appearance shall be from 8:00 AM. to 5:00 P.M. on each day, except Saturdays, Sundays and official State holidays. For purposes of processing ballots cast in early voting, the City Secretary, or her designee, shall be responsible for conducting early voting, both in person and by mail, and has the authority to contract with Tarrant County for early voting services and other miscellaneous services. SECTION 4: All resident qualified electors of the City shall be permitted to vote at said election, and on the day of the election, such electors shall vote at the polling place designated for the Election Precinct in which they reside. This election shall be held and conducted in accordance with the provisions of V.T.C.A., Election Code and Chapter 1 of Title 22, V.A.T.C.S., and as may be required by law, all election materials and proceedings shall be printed in both English and Spanish. SECTION 5: A substantial copy of this ordinance shall serve as proper notice of said election. Said notice, including a Spanish translation thereof, shall be posted at three (3) public places within the City and at the City Hall not less than fourteen (14) full days prior to the date on which said election is to be held, and be published on the same day in each of two successive weeks in a newspaper of general circulation in said City, the first of said publications to appear in said newspaper not more than thirty (30) days and not less than fourteen (14) full days prior to the day of the election. PASSED AND APPROVED, this the 9th day of December, 2002. Mayor, City of North Richland Hills, Texas ATTEST: City Secretary, City of North Richland Hills, Texas (City Seal) APPROVED AS TO FORM AND LEGALITY: City Attorney, City of North Richland Hills, Texas ELECTION PRECINCT NO 1. (Includes Tarrant County Voting Precincts Numbered 3214, 3324, 3333, 3041, 3364 & 3366) NO.2 (Includes Tarrant County Voting Precincts Numbered 3215, 3140, 3326, 3289, 3424 & 4141 NO.3 (Includes Tarrant County Voting Precincts Numbered 3063, 3049,3177,3209, 3367, 3387, 3507, 3527, 3543 & 3584 EXHIBIT A POLLING PLACE City Hall 7301 Northeast Loop 820 Dan Echols Senior Adult Center 6801 Glenview Drive Bursey Road Senior Adult Center 7301 Bursey Road PRESIDING JUDGE ALTERNATE PRESIDING JUDGE Gerry Cozby Bill Weihs Norman Peterson Helen Moore Elouise Kennedy James Hollingsworth ~' CITY OF NORTH RICHLAND HILLS '. Department: Administration Council Meeting Date: 12/09/02 Subject: TXU Electric and Gas Franchise Fee Settlement Agreement and Adoption of Implementation Ordinances Agenda Number GN 2002-137 Backqround: In October 2000, the City Council authorized entering into a most favored nations agreement with TXU Gas & Electric regarding the issue of how franchise fees were calculated and being paid to cities. The City Council's action was to authorize staff to enter into the lawsuit. However, in the event the City could enter into an agreement with TXU to pay the City any funds it would have received if it had participated in the settlement, that was to be the preferred action. After some negotiation, that letter was approved and signed on October 19, 2000. Details: Since then the litigation has continued. Recently the City of Denton and its parties have agreed to a settlement. The settlement will pay the City of North Richland Hills $61,973.16 from TXU Gas, and $45,295.24 from TXU Electric. In the event the City accepts the settlement which has been accepted by other cities, TXU Gas will institute a surcharge that will collect the amount that they are paying the City from customers. This is part of the settlement agreement. I have asked TXU to give me an indication of what that surcharge will be and they only indicated it would be less than 1 % of an average bill. I have asked for more information but TXU Gas says it is not available now. ONCOR will have the ability to go to the PUC and ask for a rate increase to cover the additional franchise fee on contributions in aid of construction (CIAC) and miscellaneous charges. At this point in time, that number is estimated to be quite small and would probably be even smaller than the TXU Gas increase. Only those using these services will pay the fee. Most cities are accepting this agreement. The costs that were not collected that affect the City of North Richland Hills' customers on both sides principally come from transportation contracts for natural gas, (third party value not natural gas), some service charges that the company makes, and finally, CIAC. On the gas side, franchise fees would be collected on all revenues received by the company from the sale of gas to all classes of customers. This includes the transportation of gas to customers located within the City, the value of gas for third party sales, miscellaneous charges such as connect, disconnect, reconnect, NSF checks, and CIAC as well as a few other items. It would not include franchise fees being calculated on sales taxes. Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~~~o~ - - - -.rtment Head Signature Finance Review Account Number Sufficient Funds AvallaDle Finance Director Page 1 of ..L .. CITY OF NORTH RICHLAND HILLS The attached compromise, settlement and release agreement is being recommended to you by the City Attorney and staff. We are also recommending adoption of the two attached ordinances amending both franchise agreements to allow implementation of the changes. Recommendation: Adopt Resolution Number 2002-095 authorizing execution of the settlement agreement and adopt Ordinance Numbers 2675 and 2676 amending the City's electric and gas franchises. . , \~ CITY COUNCIL ACTION ITEM Page ~ of 2 RESOLUTION NO. 2002-095 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager be, and is hereby, authorized to execute the Compromise, Settlement and Release Agreement between the City and TXU Electric Company and TXU Gas Company as the act and deed of the City. PASSED AND APPROVED this 9th day of December, 2002. APPROVED: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney COMPROMISE, SETTLEMENT AND RELEASE AGREEMENT This Compromise, Settlement, and Release Agreement (the "Agreement") is made and entered into as of the date set forth below by and between the City of North Richland Hills, Texas (the "City") and TXU Electric Company nlk/a TXU US Holdings Company ("TXU Electric") and TXU Gas Company ("TXU Gas"): WHEREAS, thirty seven cities filed a suit in the 134th Judicial District Court of Dallas County, Texas, in Cause No. 00-9383, styled City of Den ton, Texas et al. vs. TXU Electric Company, et al. (the "Litigation") which included claims arising out of the electric and gas franchise ordinances similar in some respects to the franchise ordinances entered into by and between the City and TXU Electric and TXU Gas and, specifically, the Litigation involved a dispute with regard to the calculation and amount of franchise fees paid by TXU Electric and TXU Gas; WHEREAS, the Litigation was resolved by agreement and TXU Electric and TXU Gas have agreed to offer the City the same benefits offered to the Plaintiffs in the Litigation and the City has agreed to accept the offer by TXU Electric and TXU Gas and to release any claims related to the payment of franchise fees prior to and through December 31, 2001 ; NOW, THEREFORE, in order to fully and finally resolve all disputes and claims arising out of the calculation and payment of franchise fees to the City by TXU Electric and TXU Gas prior to and through December 31, 2001, for the mutual promises and covenants set forth in this Agreement, the adequacy and sufficiency of which consideration is acknowledged the City and TXU Electric and TXU Gas agree as follows: 1. AMENDMENTS TO THE ELECTRIC FRANCHISE ORDINANCE As the result of electric industry restructuring, the electric franchise formerly held by TXU Electric has been assigned to Oncor Electric Delivery Company ("Oncor"), accordingly, COMPROMISE. SETTLEMENT AND RELEASE AGREEMENT - Pae:e 1 effective January 1, 2002, the City agrees to enter into and TXU Electric agrees to cause Gncor to accept an amendment to the current electric franchise ordinance substantially in the form of the amendment attached as Exhibit A which amendment shall, at the election of the City, provide that the Discretionary Services Charges identified in Section 6.1.2 of the Tariff for Retail Delivery applicable to Gncor which are directly paid by the customer and which are those charges identified as items DD1 through and inclusive ofDD24 in said tariff, shall be subject to an additional franchise fee based on 4% of such charges which additional franchise fee shall be paid to the City pursuant to the terms of the amendment attached as Exhibit A. The City acknowledges that Oncor may file with the Texas Public Utility Commission and/or the City a tariff amendment in compliance with the terms of this agreement, which will provide that Oncor shall have the right to collect from the customer the franchise fee on such Discretionary Service Charges such that the customer shall bear 100% of the franchise fee on such Discretionary Service Charges. The City acknowledges that Oncor is an intended third-party beneficiary of this agreement and agrees to cooperate with Oncor in order for Gncor to pass through to customers the entire franchise fee on such Discretionary Service Charges by taking the following actions: (i) to the extent the City acts as regulatory authority, by adopting and approving that portion of any tariff in compliance with the terms of this Agreement which provides for 100% recovery of such franchise fees; (ii) in the event the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of the franchise fees on such Discretionary Service Charges is an issue, the City will take an affirmative position supporting the 100% recovery of such franchise fees by Gncor and; (iii) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by Gncor. The City further agrees not to take any action to prevent the recovery of the franchise fees on such Discretionary COMPROMISE. SETTLEMENT AND RELEASE AGREEMENT - Pae:e 2 Service Charges by Oncor and to take other action which may be reasonably requested by Oncor to provide for the 100% recovery of such franchise fees by Oncor. 2. AMENDMENTS TO THE GAS FRANCHISE ORDINANCE Effective January 1, 2002, the City agrees to enact and TXU Gas agrees to accept an amendment to the current gas franchise ordinance substantially in the fonn of the amendment attached as Exhibit B to provide that, at the election of the City, the franchise fee will increase to a maximum of 4.00% of the applicable franchise fee payment base and, at the election of the City, the franchise fee payment base shall be amended to include miscellaneous fees, contributions in aid of construction, bad debt expense, transportation revenues and third-party gas sales and gross receipts fees as well as a favored nations clause with respect to franchise fee payments and franchise fee calculations, substantially in the fonn ofthe provisions in Exhibit B. The City acknowledges that TXU Gas has the right to recover from its ratepayers such additional franchise fee payments to the City and the City agrees to cooperate with TXU Gas in order for TXU Gas to pass through to its ratepayers the entire franchise fee payment, as amended, by taking the following actions: (i) as regulatory authority, by adopting and approving the ordinance, rates or tariff which provide for 100% recovery of such franchise fees as part ofTXU Gas' rates; (ii) in the event the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery ofTXU Gas' franchise fees is an issue, the City will take an affinnative position supporting 100% recovery of such franchise fees by TXU Gas and; (iii) in the event of an appeal of any such regulatory proceeding in which a City has intervened, the City will take an affinnative position in any such appeals in support of the 100% recovery of such franchise fees by TXU Gas. The City further agrees not to take any action to prevent the recovery of such franchise fees by TXU Gas and to take other action which may COMPROMISE. SETTLEMENT AND RELEASE AGREEMENT - Pa¡¡e 3 be reasonably requested by TXU Gas to provide for the 100% recovery of such franchise fees from TXU Gas' ratepayers. 3. PAYMENTS TO THE CITY Upon execution and delivery of a fully executed and notarized original of this Agreement: A. TXU Gas agrees to pay to the City the sum of$61,973.16. The City acknowledges that TXU Gas has the right to and shall recover this amount from its ratepayers pursuant to the tax adjustment clause applicable to TXU Gas, by applying a surcharge to the monthly bills rendered to its ratepayers, provided that the recovery of such surcharge shall be limited as follows: (1) the surcharge shall be amortized over a period not less than three years, and (2) the accrual balance will not be subject to interest. TXU Gas agrees that the franchise fee paid to the City and recovered from ratepayers under this Agreement will not include any amounts collected in the past from ratepayers. B. TXU Electric agrees to pay, or cause Oncor to pay the City, the sum of$45,295.24. 4. RELEASE OF TXU ELECTRIC, TXU GAS AND THEIR AFFILIATES BY THE CITY Except for claims arising out ofa breach of this Agreement, the City of North Richland Hills, Texas, on behalf of itself and its successors and assigns and any and all persons, entities or municipalities claiming by, through or under them, hereby RELEASES, DISCHARGES AND ACQUITS, forever and for all purposes, TXU Electric Company (now known as TXU US Holdings Company), its successor Oncor Electric Delivery Company, TXU Gas Company, including its division TXU Gas Distribution, TXU Corp. and each of their respective agents, employees, officers, directors, shareholders, partners, insurers, attorneys, legal representatives, successors and assigns as well as their affiliated corporations, including TXU Business Services Company and TXU Energy COMPROMISE. SETTLEMENT AND RELEASE AGREEMENT - Pae:e 4 Company LLC and its subsidiaries, fÌom and against any and all liability which they now have, have had or may have, and all past, present and future actions, causes of action, claims, demands, damages, costs, expenses, compensation, losses and attorneys' fees of any kind or nature whatsoever, or however described, whether known or unknown, fixed or contingent, in law or in equity, whether asserted or unasserted, whether in tort or contract, whether now existing or accruing in the future arising out of or related to the payment, calculation or rendition of fÌanchise fees to the City on or before December 31,2001 and all claims which could be asserted against TXU Electric and/or TXU Gas in litigation in any way related to the payment, calculation or rendition of fÌanchise fees by TXU Electric and/or TXU Gas on or before December 31,2001. This release is intended to only release claims related to the payment, calculation or rendition of fÌanchise fees by TXU Electric and TXU Gas on or before December 31, 2001 and is not intended to release any other claim or cause of action that any party to this Agreement has, known or unknown, or which accrues in the future. 5. WARRANTY AS TO OWNERSHIP OF CLAIMS AND AUTHORITY A. The City warrants and represents that it is the owner of the claims being compromised, settled, discharged and released pursuant to this Agreement and each further warrants and represents that it has not previously assigned all or any part of such claims to another entity or person. The City warrants and represents that there are no liens of any nature, assignments or subrogation interests in or to the money paid to the City under the tenus of this Agreement. The City warrants that it will take all action necessary to properly execute and deliver this agreement. B. TXU Electric and TXU Gas warrant that the person(s) executing this Agreement on their behalf has authority to bind the entity for whom such person signs this Agreement. COMPROMISE. SETTLEMENT AND RELEASE AGREEMENT - Pal/:e 5 6. NO ADMISSION OF LIABILITY This Agreement is made to compromise, tenninate and to constitute an accord and satisfaction of all of the claims released by this Agreement and TXU Electric and TXU Gas admit no liability, fault or wrongdoing of any nature or kind whatsoever and expressly deny and disclaim any liability, fault or wrongdoing alleged or which could have been alleged with regard to the claims asserted in the Litigation if the City had become a party to the Litigation or any similar claims which might be asserted by the City against TXU Electric and/or TXU Gas. 7. RECOVERY OF DAMAGES DUE TO BREACH In the event of breach by any party of the tenns and conditions of this Agreement, a non- breaching party shall be entitled to recover all expenses as a result of such breach, including, but not limited to, reasonable attorneys' fees and costs. MISCELLANEOUS PROVISIONS 8. It is understood and agreed that all agreements and understandings by and between the parties to this Agreement with respect to the payment of franchise fees and the settlement of any claims related to the payment of franchise fees are expressly embodied in this Agreement and that this Agreement supersedes any and all prior agreements, arrangements or understandings between the parties relating to the claims released pursuant to this Agreement or any matters related thereto executed by the parties. 9. The parties acknowledge and agree that the tenns of this Agreement are all contractual and not mere recitals. 10. The parties acknowledge that they have read this Agreement, understand its tenns, and that this Agreement is entered into voluntarily, without duress, and with full knowledge of its legal significance. COMPROMISE, SETTLEMENT AND RELEASE AGREEMENT - Pa!!e 6 11. This Agreement may not be modified in any manner, nor may any rights provided for herein be waived, except by an instrument in writing signed by each party. 12. This Agreement shall be binding upon and shall inure to the benefit ofthe parties and their respective successors and assigns. 13. Should any tenn or any provision of this Agreement be declared invalid by a court of competent jurisdiction, the parties agree that all other tenns of this Agreement are binding and have full force and effect as if the invalid portion had not been included. 14. The parties represent and warrant that no party has been induced to enter this Agreement by a statement, action or representation of any kind or character made by the persons or entities released under this Agreement or any person or persons representing them, other than those expressly made in this Agreement. 15. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 16. The headings contained herein are for convenience and reference only and are agreed, in no way, to define, describe, extend or limit the scope or intent of this Agreement or its provisions. 17. This Agreement shall be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, this Agreement has been executed by the parties as ofthe date set forth. THE CITY OF NORTH RICHLAND HILLS, TEXAS By: Its: City Manager Date: December 9,2002 COMPROMISE. SETTLEMENT AND RELEASE AGREEMENT - Pal!e 7 TXU ELECTRIC COMPANY n/k/a TXU US HOLDINGS COMPANY By: Its: Date: TXU GAS COMPANY By: Its: Date: STATE OF TEXAS § § COUNTY OF § This instrument was acknowledged before me on the 9th day of December, 2002, by Larry J. Cunningham, as City Manager of the City of North Richland Hills, Texas, on behalf of said City. Notary Public, State of Texas STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _ day of 2002, by , ofTXU Electric Company n!k/a TXU US Holdings Company, on behalf of said corporation. Notary Public, State of Texas COMPROMISE. SETTLEMENT AND RELEASE AGREEMENT - Pae:e 8 STATE OF TEXAS § § COUNTY OF DALLAS § by This instrument was acknowledged before me on the _day of of TXU Gas Company, on behalf of said corporation. 2002, Notary Public, State of Texas COMPROMISE. SETTLEMENT AND RELEASE AGREEMENT - Pa1!e 9 ORDINANCE NO. 2675 AN ORDINANCE AMENDING THE EXISTING ELECTRIC FRANCHISE BETWEEN THE CITY AND ONCOR ELECTRIC DELIVERY COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY ONCOR ELECTRIC DELIVERY COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, Oncor Electric Delivery Company, successor in interest to TXU Electric Company (hereinafter called "Oncor") is engaged in the business of providing electric utility service within the City and is using the public streets, alleys, grounds and rights-of-ways within the City for that purpose under the terms of a franchise ordinance heretofore duly passed by the governing body of the City and duly accepted by Oncor; and WHEREAS, the City and Oncor desire to amend said franchise ordinance to provide for a different consideration; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: that SECTION 1: The existing electric franchise ordinance between the City of North Richland Hills, Texas and Oncor Electric Delivery Company is amended as follows: A. Effective January 1, 2002, the franchise fee due from One or shall be a sum comprised of the following: (1) a charge, as authorized by Section 33.008(b) of PURA, based on each kilowatt hour of electricity delivered by One or to each retail customer whose consuming facility's point of delivery is located within the City's municipal boundaries and as specified by Oncor to the City by letter dated January 21,2002. (a) The franchise fee due pursuant to Section 33.008(b) ofPURA shall be payable in accordance with the existing electric franchise; and (2) a sum equal to four percent (4%) of gross revenues received by Oncor from services identified in its "Tariff for Retail Delivery Service", Section 6.1.2, "Discretionary Service Charges," items DD1 through DD24, that are for the account or benefit of an end-use retail electric consumer. (a) The franchise fee amounts based on "Discretionary Service Charges" shall be calculated on an annual calendar year basis, i.e., from January 1 through December 31 of each calendar year. (b) The franchise fee amounts that are due based on "Discretionary Service Charges" shall be paid at least once annually on or before April 30 each year based on the total "Discretionary Service Charges" received during the preceding calendar year. B. Oncor Franchise Fee Recovery Tariff (1) Oncor may file a tariff amendment(s) to provide for the recovery of the franchise fee on Discretionary Service Charges. (2) City agrees (i) to the extent the City acts as regulatory authority, to adopt and approve that portion of any tariff which provides for 100% recovery of the franchise fee on Discretionary Service Charges; (ii) in the event the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of the franchise fees on such Discretionary Service Charges is an issue, the City will take an affinnative position supporting the 100% recovery of such franchise fees by Oncor and; (iii) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affinnative position in any such appeals in support of the 100% recovery of such franchise fees by Oncor. (3) City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such franchise fees by Oncor. SECTION 2: In all respects, except as specifically and expressly amended by this ordinance, the existing effective franchise ordinance heretofore duly passed by the governing body of the City and duly accepted by Oncor shall remain in full force and effect according to its tenns until said franchise ordinance tenninates as provided therein. SECTION 3: This ordinance shall take effect upon its final passage and Oncor's acceptance. Oncor shall, within thirty (30) days from the passage of this ordinance, file its written acceptance of this ordinance with the Office of the City Secretary in substantially the following fonn: Page 2 of3 To the Honorable Mayor and City Council: Oncor Electric Delivery Company, acting by and through the undersigned authorized officer, hereby accepts in all respects, on this the 9th day of December, 2002, Ordinance No. 2675 amending the current electric franchise between the City and Oncor and the same shall constitute and be a binding contractual obligation of Oncor and the City. Oncor Electric Delivery Company By Vice President SECTION 4. It is hereby officially found and detennined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, this the 9th day of December, 2002. Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM: George A. Staples, City Attorney Page 3 of3 ORDINANCE NO 2676 AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY AND TXU GAS COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION AND TO AUTHORIZE THE LEASE OF FACILITIES WITHIN THE CITY'S RIGHTS-OF-WAY; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY TXU GAS COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, TXU Gas Company (hereinafter called "TXU Gas") is, through its TXU Gas Distribution division, engaged in the business of furnishing and supplying gas to the general public in the City, including the transportation, delivery, sale, and distribution of gas in, out of, and through the City for all purposes, and is using the public streets, alleys, grounds and rights- of-ways within the City for that purpose under the terms of a franchise ordinance heretofore duly passed by the governing body of the City and duly accepted by TXU Gas; and WHEREAS, the City and TXU Gas desire to amend said franchise ordinance to provide for a different consideration and to authorize the lease of facilities within the City's rights-of- way; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; that SECTION 1: The existing gas franchise ordinance between the City of North Richland Hills, Texas and TXU Gas Company is amended as follows: A. Effective January 1, 2002, the consideration payable by TXU Gas for the rights and privileges granted to TXU Gas by the franchise ordinance heretofore duly passed by the governing body of this City and duly accepted by TXU Gas is hereby continued at four percent (4%) of the Gross Revenues, as defined in Section 1.B. below, received by TXU Gas. B. "Gross Revenues" shall mean all revenue derived or received, directly or indirectly, by the Company from or in connection with the operation of the System within the corporate limits of the, City and including, without limitation: (1) all revenues received by the Company from the sale of gas to all classes of customers within the City; (2) all revenues received by the Company from the transportation of gas through the pipeline system of Company within the City to customers located within the City; (3) the value of gas transported by Company for Transport Customers through the System of Company within the City ("Third Party Sales"), with the value of such gas to be reported by each Transport Customer to the Company, provided, however, that should a Transport Customer refuse to furnish Company its gas purchase price, Company shall estimate same by utilizing TXU Gas Distribution's monthly industrial Weighted Average Cost of Gas, as reasonably near the time as the transportation service is perfonned; and (4) "Gross revenues" shall include: (a) other revenues derived from the following 'miscellaneous charges' : 1. charges to cOlUlect, disconnect, or reconnect gas within the City; 11. charges to handle returned checks from consumers within the City; 111. such other service charges and charges as may, from time to time, be authorized in the rates and charges on file with the City; and IV. contributions in aid of construction" ("CIAC"); (b) revenues billed but not ultimately collected or received by the company; and, (c) gross receipts fees. (5) "Gross revenues" shall not include: (a) the revenue of any Person including, without limitation, an affiliate, to the extent that such revenue is also included in Gross Revenues of the Company; (b) sales taxes; and (c) any interest income earned by the Company; and Page 2 0[5 (d) all monies received from the lease or sale of real or personal property, provided, however, that this exclusion does not apply to the lease of facilities within the City's right of way. C. Calculation and Payment of Franchise Fees Based on CIAC (1) The franchise fee amounts based on "Contributions in aid of Construction" ("CIAC") shall be calculated on an annual calendar year basis, i.e., from January 1 through December 31 of each calendar year. (2) The franchise fee amounts that are due based on CIAC shall be paid at least once annually on or before April 30 each year based on the total CIAC recorded during the preceding calendar year. D. Effect of Other Municipal Franchise Ordinance Fees Accepted and Paid by TXU Gas (1) If TXU Gas should at any time after the effective date of this Ordinance agree to a new municipal franchise ordinance, or renew an existing municipal franchise ordinance, with another municipality, which municipal franchise ordinance detennines the franchise fee owed to that municipality for the use of its public rights-of-way in a manner that, if applied to the City, would result in a franchise fee greater than the amount otherwise due City under this Ordinance, then the franchise fee to be paid by TXU Gas to City pursuant to this Ordinance shall be increased so that the amount due and to be paid is equal to the amount that would be due and payable to City were the franchise fee provisions of that other franchise ordinance applied to City. (2) The provisions of this Subsection D apply only to the amount of the franchise fee to be paid and do not apply to other franchise fee payment provisions, including without limitation the timing of such payments. E. TXU Gas Franchise Fee Recovery Tariff (1) TXU Gas may file with the City a tariff amendment(s) to provide for the recovery of the franchise fees under this amendment. (2) City agrees that (i) as regulatory authority, it will adopt and approve the ordinance, rates or tariff which provide for 100% recovery of such franchise fees as part of TXU Gas' rates; (ii) if the City intervenes in any regulatory proceeding before a federal or state agency in which the Page 3 of 5 recovery of TXU Gas' franchise fees is an issue, the City will take an affinnative position supporting 100% recovery of such franchise fees by TXU Gas and; (iii) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affinnative position in any such appeals in support of the 100% recovery of such franchise fees by TXU Gas. (3) City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such franchise fees by TXU Gas. F. Lease of Facilities Within City's Rights-of-Way. TXU Gas shall have the right to lease, license or otherwise grant to a party other than TXU Gas the use of its facilities within the City's public rights-of-way provided: (i) TXU Gas first notifies the City of the name of the lessee, licensee or user; the type of service(s) intended to be provided through the facilities; and the name and telephone number of a contact person associated with such lessee, licensee or user and (ii) TXU Gas makes the franchise fee payment due on the revenues from such lease pursuant to Sections LA. and LB. of this Ordinance. This authority to Lease Facilities Within City's Rights-of-Way shall not affect any such lessee, licensee or user's obligation, if any, to pay franchise fees. SECTION 2: In all respects, except as specifically and expressly amended by this ordinance, the existing effective franchise ordinance heretofore duly passed by the governing body of the City and duly accepted by TXU Gas shall remain in full force and effect according to its tenns until said franchise ordinance tenninates as provided therein. SECTION 3: This ordinance shall take effect upon its final passage and TXU Gas' acceptance. TXU Gas shall, within thirty (30) days from the passage of this ordinance, file its written acceptance of this ordinance with the Office of the City Secretary in substantially the following fonn: Page 4 of5 To the Honorable Mayor and City Council: TXU Gas Distribution, a division of TXU Gas Company, acting by and through the undersigned authorized officer, hereby accepts in all respects, on this the 9th day of December, 20002, Ordinance No. 2676 amending the current gas franchise between the City and TXU Gas and the same shall constitute and be a binding contractual obligation ofTXU Gas and the City. TXU Gas Distribution A division of TXU Gas Company By Vice President SECTION 4. It is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND, TEXAS, this the 9th day of December, 2002. Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM: George A. Staples, City Attorney Page50f5 ... CITY OF NORTH RICHLAND HILLS epartment: Economic Development Council Meeting Date: 12/9/02 Subject: Resolution Revising Guidelines and Criteria for Granting Agenda Number: GN 2002-138 Tax Abatements in Reinvestment Zones Created in the City of North Richland Hills - Resolution 2002-097 CASE SUMMARY: City Council first adopted a set of Guidelines and Criteria for Granting Tax Abatement in Reinvestment Zones Created in the City of North Richland Hills on September 11, 1989. The Council has made revisions to this resolution in 1992, 1997 and 1998. The revisions include the following: 1992 - to eliminate 2 year sunset provision and to help structure abatement agreements with AEGON/Life Investors (now UICI) and Tecnol Medical Products 1997 - to add Regional Healthcare Facilities to include North Hills Hospital expansion 1998 - to add Regional Entertainment and Tourist Facilities to accommodate North Hills Mall and other possible entertainment facilities Because staff is dealing with a number of redevelopment issues and to be competitive with area cities, we are recommending a change that would allow for abatements to include the request for either new real property in buildings or the ability to ask for personal property that might be added in equipment and machinery to modernize or allow redevelopment of existing facilities. RECOMMENDATION: City Staff recommends that City Council adopt Resolution 2002-097 Updating Guidelines and Criteria For Granting Tax Abatement in Reinvestment Zones Created in the City of North Richland Hills. Finance Review Source of Funds: Bonds (GOlRev.) Operating Budget Other -.- ì ~ --1Q /=)~ w Account Number Sufficient Funds Available Finance Director Department Head Signature ~a~ GN 2002- Tax Abatement Guidelines Page I of I GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT IN REINVESTMENT ZONES CREATED IN THE CITY OF NORTH RICHLAND HILLS RESOLUTION NO. 97 18 2002-097 (as amended by Resolutions No. 97 44 & No. 98 21) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS ADOPTING GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT IN REINVESTMENT ZONES CREATED IN THE CITY OF NORTH RICHLAND HILLS. WHEREAS, the future economic viability of the City of North Richland Hills depends on the County's ability to attract new investment through the location of new industry and the expansion and modernization of existing businesses; and WHEREAS, the creation and retention of job opportunities that result from new economic development is the highest civic priority; and WHEREAS, the City of North Richland Hills must become and remain competitive with other localities across th~ nation in the expansion of their existing industrial commercial base and the attraction of new commercial and industrial investment; and WHEREAS, any tax incentives offered by the City of North Richland Hills should be limited to those companies that create new wealth within the City; and WHEREAS, no tax incentive offered by the City of North Richland Hills should adversely affect the competitive position of existing companies operating in the city; , and WHEREAS, effective September 1,1987, Texas law requires counties and municipalities, which elect to participate in tax abatement programs, to establish guidelines and criteria governing the designation of reinvestment zones and tax abatement program prior to granting any future tax abatement; and NOW, therefore be it resolved that the North Richland Hills City Council does hereby adopt the attached "Guidelines and Criteria" for granting tax abatement in reinvestment zones created within the City of North Richland Hills, Texas. 1 --~_._-, _.._--_._-,-------'--_.._~.._,..- Section 1 DEFINITIONS (a) "Abatement" means the full or partial exemption from ad valorem taxes of certain improvements to real property or personal property in a reinvestment zone designated for economic development purposes. (b) "Agreement" means a contractual agreement between a property owner and/or lessee and an eligible jurisdiction for the purposes of tax abatement. (c) "Base Year Value" means the assessed value of eligible property on January 1 preceding the execution of the agreement plus the agreed upon value of eligible property improvements made after January 1 but before the execution of the agreement. (d) "Deferred Maintenance" means improvements necessary for continued operations which do not improve productivity or alter the process technology. (e) "Economic Life" means the number of years a property improvement is expected to be in service in a facility. (f) "Eligible Jurisdiction" means the City of North Richland Hills, the Birdville Independent School District, Tarrant County, or other special taxing districts that levy ad valorem taxes upon and provide services to property located within a proposed or existing reinvestment zone. (g) "Expansion" means the addition of buildings, structures, fixed machinery or equipment for purposes of increasing production capacity. (h) "Facility" means property improvements completed or in the process of construction which together comprise an integral whole. (i) "Manufacturing Facility" means buildings, structures, fixed machinery or equipment, the primary purpose of which is or will be the manufacture of tangible goods or materials or the processing of such goods or materials by physical or chemical change. 2 (j) "Modernization" means the upgrading of existing facilities which increased the productive input or output, updates the technology or substantially lowers the unit cost of the operation. Modernization may result from the construction, alternation, or installation of buildings, structures, fixed machinery or equipment. It shall not be for the purposes of reconditioning, refurbishing or repairing. (k) "New Facility" means a property previously undeveloped which is placed in service by means other than or in conjunction with expansion, modernization, or redevelopment. (I) "Other Basic Industry" means buildings and structures including fixed machinery and equipment not elsewhere described, used or to be used for the production of products or services, from which a majority of revenues generated by activity at the facility are derived from outside Tarrant County. (m) "Redevelopment" means to add significant value to an existing facility by changing the use of the facility in order to maximize the use of the facility, improve the city image, and make the facility fully operational. (n) "Regional Distribution Center Facility" means buildings and structures including fixed machinery and equipment, used or to be used primarily to receive, store, service or distribute goods or materials owned by the facility, from which a majority of revenues generated by activity at the facility are derived from outside Tarrant County. (0) "Regional Entertainment/Tourism Facility" means buildings and structures, including fixed machinery and equipment, used or to be used to provide entertainment and/or tourism related services, from which a majority of revenues generated by activity at the facility are derived from outside North Richland Hills. (p) "Regional Retail Facility" means buildings and structures including fixed machinery and equipment, used or to be used to provide retail services from which a majority of revenues generated by activity at the facility are derived from outside North Richland Hills. (q) "Regional Service Facility" means buildings and structures, including fixed machinery and equipment, used or to be used to provide a service from which a majority of revenues generated by activity at the facility are derived from outside Tarrant County. (r) "Reinvestment Zone-Municipality Designated" means any area which lies within the taxing jurisdiction or extra-territorial jurisdiction of the City of North Richland Hills and has been designated a reinvestment zone for tax abatement purposes. 3 It is the intent of the North Richland Hills City Council to provide tax abatement within municipality designated reinvestment zones as long as the municipality granted tax abatement is in concert with the tax abatement guidelines contained herein. (s) "Research Facility" means buildings and structures, including fixed machinery and equipment used or to be used primarily for research and experimentation to improve or develop new tangible goods or materials or to improve or develop the production processes thereto. (t) "Regional Health Care Facility" means buildings and structures, including fixed machinery and equipment, used or to be used to provide health care services, from which a majority of revenues generated by activity at the facility are derived from outside North Richland Hills. Section 2 ABATEMENTAUTHOR~ED (a) Authorized Facility. A facility may be eligible for abatement if it is a : Regional Health Care Facility, Manufacturing Facility, Research Facility, Regional Distribution Center Facility, Regional Service Facility, Regional EntertainmentITourism Facility Regional Retail Facility, or Other Basic Industry. (b) Authorized Date. A facility shall be eligible for tax abatement if it has applied for such abatement prior to the commencement of construction, provided, that such facility meets the criteria granting tax abatement in reinvestment zones created in the City of North Richland Hills pursuant to the guidelines and criteria adopted by the City Council. (c) Creation of New Value. Abatement may only be granted for the additional value of eligible real or personal property improvements made subsequent to and listed in an abatement agreement between the City of North Richland Hills and the property owner and/or lessee, subject to such limitations as the City Council may require. (d) New and Existing Facilities. Abatement may be granted to new facilities and improvements to add value to existing facilities for purposes of modernization, 4 expansion, or redevelopment. (e) Eligible Property. Abatement may be extended to either the value of real property improvements including the value of buildings, structures, and site improvements, or personal property improvements including the value of fÐœG-movable machinery, aM equipment, and other personal property, sfte improvements plus that and office space and related fixed improvements necessary to the operation and related to the new facility or proposed expansion, modernization or redevelopment ne'.\' facility authorized as eligible under these guidelines. (f) Ineligible Property. The following classes of property shall be fully taxable and ineligible for abatement: Land. Inventories. . Supplies. . Furnishings or other forms of movable personal property Vehicles, vessels, or aircraft. Deferred maintenance investments. Residential property. Property that is associated with any activity that is illegal under federal, state or local law. Property owned or used by the State of Texas or its political subdivisions. Property owned by any organization which is owned, operated or directed by a political subdivision of the State of Texas. (g) Leased Facilities. If an authorized facility eligible for tax abatement is leased, the agreement shall be executed with both the lessor and the lessee. (h) Value and Term of Abatement. Abatement shall be granted effective with the January 1 valuation date immediately following the date of execution of the agreement. The value and term of abatement on new eligible property shall be determined as follows: The value of the abatement shall be equal to a 500 percent of investment by the business in eligible property described in Section 2(e), above. The City Council or its designated representative, shall work with the applicant, prior to the execution of an abatement agreement, to determine the exact schedule for the abatement. Under no circumstances shall the value of the abatement exceed 50 percent of the value of eligible property in a single year, and the duration 5 of an abatement agreement shall not exceed 10 years or one-half (1/2) the economic life of the eligible property, whichever is less. (I) Economic Qualification. In order to be eligible to receive tax abatement the applicant must meet the following qualifications. (1) For a new facility (with the exception of a regional retail or regional entertainment/tourism facility), be reasonably expected to invest not less than three million dollars ($3,000,000) in the facility (including both eligible and ineligible property) within three years from the commencement of construction and be expected to create employment for not less than 10 persons associated with the production of goods and services as the authorized facility on a full-time permanent basis in the City of North Richland Hills. (2) For an expanded or modernized facility or redevelopment (excluding regional retail facilities), be reasonably expected to invest not less than one million five hundred thousand dollars ($1,500,000) in the facility (including both eligible and ineligible property) within three years from the commencement of construction, and be expected to create or retain employment for not less than 10 persons associated with the production of goods and services at the authorized facility on a full-time, permanent basis in the City of North Richland Hills. (3) For regional retail and regional entertainment/tourism facilities, be reasonably expected to invest not less than five million ($5,000,000) in the facility (including both eligible and ineligible property) within three years from the commencement of construction and be expected to create employment for not less than 10 persons associated with the production of goods and services at the authorized facility on a full-time, permanent basis in the City of North Richland Hills. (4) Two or more part-time, permanent employees totaling an average of not less than 40 hours per week may be considered as one full-time, permanent employee. (5) Companies seeking to qualify for tax abatement on the basis of job retention shall document that without the creation of a reinvestment zone and/or tax abatement, the company will either reduce or cease operation. (6) Not be expected to solely and primarily have the effect of transferring employment from one part of the City of North Richland Hills to another. (j) Taxability. From the execution of the abatement agreement to the end of the agreement period, taxes shall be payable as follows: 6 (1 ) (2) (3) the value of ineligible property as provided in Section 2(f), above, shall be fully taxable, the base year value of existing eligible property as determined each year shall be fully taxable, and the additional value of new eligible property shall be taxable in the manner described in Section 2(h), above. (k) Conflict of Interest. Property that is in a reinvestment zone and that is owned or leased by a member of the governing body or the Planning and Zoning Commission of the City of North Richland Hills shall be excluded from property tax abatement. Section 3 APPLICATION (a) Any present or potential property owner of taxable property in North Richland Hills may request the creation of a reinvestment zone and tax abatement by filing a written request with the Mayor or his designated representative. (b) The application shall consist of a completed application form accompanied by the following: (1) A general written description of the proposed use and the general nature and extent of the new facility or modernization, expansion, redevelopment or new improvements to be undertaken. (2) A descriptive list of the improvements that will be a part of the facility. (3) A map and property description. (4) A time schedule for undertaking and completing the planned improvements. (5) Such financial and other information as deemed appropriate by the City Council for purposes of evaluating the application. (c) Upon receipt of a completed application, the Mayor shall notify, in writing, the presiding officer of the governing body of each affected jurisdiction. Before acting upon the application, the City Council shall through public hearing, afford the applicant, designated representatives of any affected taxing jurisdiction and the general public opportunity to show cause why the abatement should or should not be granted. Notice of the public hearing shall be clearly identified on a City Council Agenda to be posted in accordance with the Texas Property Redevelopment and Tax Abatement Act and the Texas Open Meetings Act. 7 (d) After receipt of an application for creation of a reinvestment zone and application for tax abatement, the City Council, or its designee, shall prepare a feasibility study setting out the impact of the proposed reinvestment zone and tax abatement. The feasibility study shall include, but not be limited to, an estimate of the economic effect of the creation of the zone and the abatement of taxes and the cost/benefit to the City and other affected jurisdictions. (e) A request for a reinvestment zone for the purpose of tax abatement shall not be granted if the City Council finds that the request for abatement was filed after the commencement of construction, alternation, or installation of improvements related to a proposed expansion, modernization or new facility authorized as eligible under these guidelines. (f) Variance. Request for variance from provisions of these guidelines may be made in written form to the Mayor, or his designated representative, provided, however, that the term and value of abatement described in Section 2(h), above, may not be increased. Such request shall include a complete description of the circumstances explaining why the applicant should be granted a variance. Approval of a request for variance requires a three-fourths (3/4) vote of the governing body. Section 4 PUBLIC HEARING (a) Should any affected jurisdiction be able to show cause in the public hearing why the grant of abatement will have a substantial adverse effect on its bonds, tax revenue, service capacity or the provision of services, that showing shall be reason for the City to deny any designation of the reinvestment zone, the grant of abatement, or both. (b) Neither a reinvestment zone nor an abatement agreement shall be authorized if it is determined that: (1) there would be a substantial adverse effect on the provision of government services or tax base, (2) the applicant has insufficient financial capacity, (3) planned or potential use of the property would constitute a hazard to public safety, health or morals, or (4) planned or potential use of the property violates other codes or laws. 8 Section 5 AGREEMENT (a) After approval, the City shall formally pass a resolution and execute an agreement with the owner of the facility and/or lessee, which shall include the following: (1) Estimated value to be abated and the base year value. (2) Percent of value to be abated each year as provided for in Section 2(h), above. (3) The commencement and termination dates of the abatement. (4) The proposed use of the facility, nature of the construction, time schedule for construction and commencement of operations, map, property description, and improvements as listed in the application under Section 3(b), above. (5) Contractual obligations in the event of default, violation of terms and conditions, delinquent taxes, recapture, administration and assignment as provided for in Section 2(a), 2(g), 2(h), 6, 7 and 8 or other provisions that may be required for uniformity or by state law, and (6) amount of investment in, and average number of jobs associated with, the facility during the abatement period. (b) Such agreement shall normally be executed within 60 days after the applicant has forwarded all necessary information and documentation for evaluation of the application to the City. Section 6 RECAPTURE (a) In the event that the facility is completed and begins producing goods and/or services, but subsequently discontinues such production for any reason excepting fire, explosion or other casualty or accident or natural disaster for a period of one year during the abatement period, then the agreement shall terminate and so shall the abatement of taxes for the calendar year during which the facility no longer produces. The taxes otherwise abated for the calendar year shall be paid to the City within sixty (60) days from the date of termination. (b) Should the City determine that the company or individual is in default according to the terms and conditions of the abatement agreement, the City shall notify the company or individual, in writing, at the address stated in the agreement, and if such non-compliance is not resolved within sixty (60) days from the date of such notice, then the agreement shall be terminated. 9 (c) In the event that the company or individual: (1) Allows its ad valorem taxes owed the City or other affected jurisdiction to become delinquent and fails to timely and properly follow the legal procedures for their protest and/or contest, or (2) violates any of the terms and conditions of the abatement agreement and fails to resolve such violations within sixty (60) days from the date of written notice of such violations. the agreement then may be terminated and all taxes previously abated by virtue of the agreement will be recaptured and paid within sixty (60) days of the termination. Section 7 ADMINISTRATION (a) The Chief Appraiser of the County shall, as a normal consequence of his duties, annually determine an assessment of the real and personal property comprising the reinvestment zone. Each year, the company or individual receiving abatement shall furnish the assessor with such information as may be necessary for the abatement, including the number of new or retained employees associated with the facility. Once the value has been established, the Chief Appraiser shall notify the affected jurisdictions which levy taxes of the amount of the assessment. (b) The agreement shall stipulate that employees and/or designated representatives of the City will have access to the reinvestment zone during the term of the abatement agreement to inspect the facility to determine if the company or individual is in compliance with the terms and conditions of the abatement agreement. All inspections will be made only after notification of not less than twenty four (24) hours and will only be conducted in such manner as not to unreasonably interfere with the construction and/or operation of the facility. All inspections will be made with one or more representatives of the company or individual present and in accordance with the company's safety standards. (c) Upon completion of construction, the City shall annually evaluate each facility receiving abatement to ensure compliance with the agreement and report possible violations to the City Council and City Attorney. (d) All proprietary information required by the City for purposes of monitoring compliance by a company with the terms and conditions of an abatement agreement shall be considered confidential. 10 Section 8 ASSIGNMENT (a) Abatement may be transferred and assigned by the holder to a new owner or lessee of the same facility upon the approval by resolution of the City Council subject to the financial capacity of the assignee and provided that all conditions and obligations in the abatement agreement are guaranteed by the execution of a new contractual agreement with the City of North Richland Hills. (b) The expiration date of the new contractual agreement shall not exceed the termination date of the abatement agreement with the original owner and/or lessee. (c) No assignment or transfer shall be approved if the parties to the existing agreement, the new owner or new lessee are liable to the City of North Richland Hills or any affected taxing jurisdiction for outstanding taxes or other obligations. (d) Approval of a transferred and assigned agreement shall not be unreasonably withheld. Section 9 SEVERABILITY AND LIMITATION In the event that any section, clause, sentence, paragraph or any part of these Guidelines and Criteria shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid such invalidity shall not affect, impair, or invalidate the remainder of these Guidelines and Criteria. PASSED AND APPROVED this 9th day of December, 2002. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor 11 ATTEST: Patricia Hutson, City Secretary Approved as to form and legality: George A. Staples, Attorney 12 I CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 12/9/02 GN 2002-139 Agenda Number: , Subject: Appointments to Naming Board The Naming Board was established by Ordinance No. 2517 for the purpose of submitting reqommendations to the City Council for the naming of City facilities, which include parks, , buildings, streets and other publicly owned facilities. The Board consists of three council ,members. Mayor Trevino, Mayor Pro Tem Metts and Councilman Tolbert were appointed in 2001' to serve on this board. The ordinance states that appointments to the Naming Board will be made annually and that the appointments are made by the Mayor subject to Council approval. Mayor Trevino is recommending that Mayor Pro Tem Metts, Councilman Tolbert and himself be reappointed to the Naming Board. Recommendation: To approve the recommendation of the Mayor to appoint Mayor Pro Tem Metts, Councilman Tolbert and Mayor Trevino to the Naming Board. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available Department Head Signature Finance Director ~ CITY OF , NORTH RICHLAND HILLS epartment: City Secretary Council Meeting Date: 12/9/02 Subject: Place 7 Appointments to Keep North Richland Hills Agenda Number: ¡N 2002-140 Beautiful Commission and Board of Adjustment The Place 7 positions on the Keep North Richland Hills Beautiful Commission and Board of Adjustment are vacant. Councilman T. Welch is recommending Ms. Holly Bullington, who is the alternate on the Keep North Richland Hills Beautiful Commission, be appointed to Place 7. He is also recommending that Mr. Ken Sapp be appointed to Place 7 on the Board Ç?f Adjustment. Recommendation: To consider the appointments of Ms. Holly Bullington to Place 7 on the Keep North Richland Hills Beautiful Commission and Mr. Ken Sapp to Place 7 on the Board of Adjustment, terms expiring 6/30/2003. "- Finance Review SOU~Q of Fundi' .~CCOUr:lt Þh,Il~~bQr Bonds (GO/Rev.) Operating Budget Other Sufficient Funds Avallabla ~âátci¿¿~ Department Head Signature Finance Director ~L CITY OF . NORTH RICHLAND HILLS I Department: Public Works Council Meeting Date: 12/09/02 PW 2002-016 Agenda Number: Subject: Award of Bid to SRO General Contractors in the amount of $1,357,775.00 for the Crane Road Paving and Drainage Improvements and Revise the 2002-03 Capital Projects Budget Crane Road is a CIP Project from the 1994 Bond Program. The project will consist of reconstructing and widening Crane Road to a 40-foot wide concrete street from Amundson Road to Martin Drive. Bids were received for this project on November 26,2002. Eight contractors submitted bids. The three low bidders are shown below. Bidder Amount Bid Calendar Davs McClendon Construction Co. $1,105,574.72 240 SRO General Contractors $1,152,160.00 240 Stabile and Winn $1,164,877.21 240 The low bidder for the project was McClendon Construction Co. The scope of work established in 1994 for the Crane Road project included sidewalks, retaining walls, paving and drainage improvements within the Crane Road right-of-way. The original scope did not include any necessary offsite drainage improvements. The engineer's current design for Crane Road is to provide an interim solution until the offsite improvements are constructed. Staff had the engineer verify if the offsite drainage improvements were imperative for the Crane Road project. The engineer determined that property owners prQbably would not get water in their houses with the interim solution, but the offsite draina~improvements would be a better solution and would conform to the City's current drainage criteria. Since the improvements will eventually be needed and the construction market is in the City favor, staff included an alternate bid for the offsite drainage improvements. The offsite drainage improvement bids were reasonable, but sufficient funds are not available in the Crane Road budget to cover the cost for the additional improvements. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other M.t t G:t: t!J) Department Head Signature 20-02-02-6000; 96-20-02"()()2 Account Number 02-64-04-6000, 96-02-64-004 Sufficie t Funds AvallaCle ~5O-Q8..6óoö;œ.20-50-008 13-53-52-6000; 03-13-53-052 Finance Director Budget Director ~ Page 1 of _ "~",, ',,--. ~I 1 CITY OF NORTH RICHLAND HILLS '. The three low bidders showing the Base Bid (Crane Road Improv~ments) and the Alternate Bid (offsite drainage improvements) are shown in the below table. Bidder SRO General Contractors Stabile and Winn McClendon Construction Co. Calendar Days 285 285 285 Base Bid $1,152,160.00 $1,164,877.21 $1,105,574.72 Alternate Bid $205,615.00 $233,812.24 $266,334.10 Total $1,357,775.00 $1,398,689.45 $1,371,908.82 If the offsite drainage improvements are included then the low bidder for the project would be SRO General Contractors. Sufficient funds are available as approved in the 2002..03 Capital Budget for the Crane Road Project. Funding for the offsite drainage could come from funds currently available for a 1994 Drainage Project (Little Bear Creek Drainage Project) that is no longer warranted. The project was originally planned to minimize "clean up" along the rear lot lines of the last five properties located along the north side of Terrell Drive. There is no record of any property owners flooding. There is also no record of anyone asking about the status of the project. The 1994 plan was to concrete line this section of channel. Since this section of Little Bear Creek appears to be "wetlands", the Corps of Engineers would be very restrictive about the improvements done within this channel. The "concrete lined" option would probably not be allowed. In addition to the Corps of Engineers issues, this section of channel is part of the Little Bear Creek Corridor (LBCC). The LBCC ordinance places additional restrictions on the type of improvements that can be made in the channel. Public Works believes the funds for this project could better be used for the offsite drainage improvements. Therefore, staff is recommending that the 2002-03 Capital Projects Budget be revised to remove the Little Bear Creek Project and replace it with the Crane Road Offsite Drainage Improvements Project. The Crane Road project and the Offsite Drainage Improvements project will be awarded and constructed together by SRO General Contractors. Recommendation: To award the bid for the Crane Road Paving and Drainage Improvements including the off site drainage improvements to SRO General Contractors in the amount of $1,357,775.00 for 285 calendar days and revise the 2002-03 Capital Projects Budget. CITY COUNCIL ACTION ITEM Page_of _ --",_·-<-._M·~---_·______=-_""'''_~~''Ù_'__.N III!! rl!t;f!su.~u~1o~f-. ~'!s~T!:~RKINS Mike Curtis, P.E. December 3, 20 ~ City of North Richland Hills P.O. Box 820609 North Richland Hills, Texas 76182-0609 RE: Crane Road Street and Drainage Improvements City of North Richland Hills TNP# NRH 96147 Dear Mike: DEC 4 2002 NRH Public Works On November 26, 2002 bids were received for the above referenced project. A total eight bids were received as follows: McClendon Construction SRO General Contracting Stabile & Winn J.L. Bertram Construction Tiseo Paving Sutton & Associates Ed A. Wilson Jeske Construction Total Base Bid $1,105,574.72 $1,152,160.00 $1,164,877.21 $1,174,081.76 $1,218,230.75 $1,265,499.79 $1,522,633.20 $1,715,847.30 Total Alternate Bid $1,371,908.82 $1,357,775.00 $1,398,689.45 $1,418,298.55 $1,430,856.60 $1,498,596.91 $1,915,120.70 $2,095,559.40 We have evaluated the bids and found them to be complete and responsive. The Base Bid is for paving and drainage improvements to Crane Road only. The Alternate Bid includes drainage improvements and pavement overlay on Main Street as well. The low bidder on the Base Bid is McClendon Construction while the low bidder on the Alternate Bid is SRO General Contracting. Based on experience with each of these contractors on projects of similar size and scope, I recommend that North Richland Hills award the construction contract for Crane Road Street and Drainage Improvements either to McClendon Construction for the Total Base Bid Amount of $1,105,574.72 or to SRO General Contracting for the Total Alternate Bid Amount of $1,357,775.00. A complete bid tabulation is attached for your use. If you have any questions or require additional information, please do not hesitate to call. Yours Very Truly, TEA~PERKrN Greg D. Saunders, P.E. GDS ENCLOSURE 1100 MACON STREET FORT WORTH, TEXAS 76102 (817) 336-5773 FAX (817) 336-2813 Drainage Capital Projects Crane Road Offsite Drainage Improvements 03-20-50-008 03-13-53-052 PROJECT DESCRIPTION & JUSTIFICATION This project will consist of constructing underground drainage improvements in Main Street from Crane Road to Chilton Drive. These improvements will consist of reinforced concrete pipe (RCP) ranging in size from 24" to 48" in diameter and curb inlets ranging in size from 10' to 20'. The improvements will be located under the existing road, which will require the affected street to be resurfaced after the improvements are installed. The project will provide a drainage system that meets Currently, a drainage system does not exist at the intersection of Main Street and Crane Road. Runoff is allowed to flow "overland." Because of the changes to the City's drainage criteria and the construction of Crane Road, a system is needed to carry the runoff from Crane Road to the existing Main Street system at Chilton Drive. Without this project the chances of residential flooding will increase. PROJECT STATUS Original 2002/2003 Original 2002/2003 Start Date Revision End Date Revision Engineering nla nla n/a nla Construction n/a 01/2003 n/a 09/2003 REVISION EXPLANATION This project was not adopted as part of the 2002/2003 CIP Budget. Therefore, a revision is necessary to gain Council approval of fund appropriation. Project justification can be found above and in the attached agenda cover sheet. If Council approves this revision, then funding will be transfered from the Little Bear Creek (LB-1) Drainage Improvement project to this project. Staff believes the Little Bear Creek project is no longer warranted, as explained in the attached agenda cover sheet. FINANCIAL DATA 2002/2003 Total Funding Source Amount to 2002/2003 Revised Remaining Project Date Adopted Budget Budget Cost Proposed Transfer of Existing Fund from Little Bear Creek (LB-1): G.O. Bonds, Series 2000 ('94) $0 $0 $165,500 $0 $165,500 G.O. Bonds, Series 2000 ('85) 0 0 74,500 0 74,500 Total $0 $0 $240,000 $0 $240,000 Project Expenditures Engineering $0 $0 $0 $0 $0 Right-of-Way 0 0 0 0 0 Construction 0 0 240,000 0 240,000 Total $0 $0 $240,000 $0 $240,000 IMPACT ON OPERATING BUDGET Maintenance of drainage improvements. Annual Operating Impact Pro'ected L REPORT TO MAYOR AND CITY COUNCIL No. IR 2002-160 ~ Date: ~ Subject: December 9,2002 N RH20 2002 Season Report The NRH20 Family Waterpark 2002 Season Report has been prepared by staff. This report summarizes and evaluates the effectiveness of our marketing efforts, the on-park revenue centers, guest satisfaction, guest surveys, financial performance and attendance for the 2002 season. Respectfully submitted, ~-?~ --- Jim Browne Director of Parks and Recreation 'L ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS N /H20 Fa ;¡nly 'rp rk 2 2San rt 2002 Season Report Introduction Staff has prepared the 2002 NRH20 Season Report for your review. The report outlines park performance in attendance, marketing, on-park profit centers, team member performance, financial performance and survey results. The 2002 results show strong performance in many areas of the park's operation and is very positive overall. The analysis presented at the end of the report will summarize staff's conclusions. Attendance Park attendance increased 6.5 percent from 2001 to 2002. In 2001,250,341 guests visited NRH20 while in 2002,266,655 guests visited. This is an increase of 16,249 total visits. Attendance increases and decreases were, by month, up in the months of June, August and September and down in May and July. There were a total of seventeen "rain days" where the park suspended operation, an increase of 113 percent! Even with the poor weather, the very strong performance in August and September allowed the park to post its highest ever attendance. Attendance Comparison - 1 - Marketing, Advertising and Promotions Throughout the 2002 season, the marketing division of NRH20 Family Water Park conducted a comprehensive and unified advertising campaign to successfully position NRH20 as the Metroplex's Family Water Park. Various advertising mediums were utilized including television, radio and print. Season Pass Sales In 2002, 5,224 season passes were sold to both residents and non-residents. As in years past, the park held both a holiday and spring season pass sale during which guests were given an entertainment package and an in-park coupon book with the purchase of a season pass. The price for a season pass remained steady at $59.95 for non-residents. Television Media Coveraae Throughout the summer, NRH20 receive significant media coverage from both local and ~ble televisions stations. In 2002, television coverage included: · Channel 11 featured NRH20 on June 15 and 16, 2002 as part of their Hot On! Dallas broadcast. · Animal Planet featured NRH20 Dive-In Movies on Friday, July 5, 2002 as a cool and family-friendly activity for the summer. The scheduled movie on July 5 was an annual favorite, Jaws. Print Media Coveraae Prior to and throughout the summer, NRH20 was highlighted in numerous periodicals. The following newspapers and magazines presented feature stories or articles on NRH20: Dive-in movies were regularly featured in the Dallas Morning News Guide and the Fort Worth Star-Telegram Hometown Star as one of the weekend's "best bets" for entertainment and family fun. Dive-In movies were also highlighted in a feature story, "Keeping Cool in Northeast Tarrant County," in the Northeast Tarrant Visitor Guide. In May, NRH20 appeared on the cover of Texas Highways, the travel magazine of Texas. The park was also covered in their feature that month, "Get Wet? You Bet!" NRH20 appeared on the cover of the Spring/Summer 2002 Northeast Tarrant Visitor Guide with a substantial article that noted the park's attractions and amenities. In August, NRH20 was named the best water park in the Dallas/Fort Worth metroplex in o Magazine's annual review, "The Best of Big D." Prior to the park opening on May 18, the Star-Telegram Northeast issued three stories on the enhancements NRH20 was making to the park for the 2002 season. These -2- enhancements included a covered eating area with additional seating near the main concession stand and a larger season pass and group sales office to more effectively meet the needs of guests. Print Advertisina Once again, NRH20 participated in the "See Texas First" Spring Vacation Insert guide, published by the Texas Travel Industry Association. The insert was included in 20 daily newspapers in Texas, Oklahoma and Louisiana. Over 1,250,000 households received the insert, resulting in over 5,000 requests for brochures from potential guests in the tri- state area. During the summer, NRH20 regularly advertised with the Fort Worth Star-Telegram in their" Just for Kids," and "Fun for the Family" sections. Dive-In Movies were featured in every Star-Time edition (the guide to weekend activities in the metroplex), beginning June 21 and continuing thru August 2. Internet Advertising During May, June and July, a "banner" featuring an NRH20 advertisement and link to the park website was prominently placed on two websites, 103.7 KVIL website and the Dallas Guide Live. The KVIL website received approximately 22,000 impressions per month. The site also featured the 2002 Dive-In movie schedule on the Summer Events Calendar page. In recent years, the park has experienced an increase in guests and potential visitors utilizing the NRH20 website. As a result, for the 2002 season, the site was revamped to feature bold colors, exciting graphics, interactive games and an easy-to-read operating schedule. Additionally, an on-line coupon was incorporated on the website for guests to print out and bring to the front gate for a $2.00 discount off the daily admission price. Approximately 10,580 guests utilized the coupon during the 2002 season. Radio and Television Advertisements Prior to the start of the season, entertaining and lively radio and television advertisements were produced. NRH20 ran the advertisements with stations rated as the most popular among previous guests, as well as those stations whose listeners fit the park's target market. The radio stations NRH20 partnered with during the 2002 season included, KVIL 103.7, KSCS 96.3, KL TV 94.9, Radio Disney and KHKS 106.1. In regards to televisions stations, NRH20 chose to partner with AT&T Media in an attempt to reach more viewers across the Dallas/Fort Worth metroplex via several popular cable stations. The stations included, Nickelodeon, Animal Planet, Lifetime, TLC, E!, ABC Family and the Cartoon Network. These stations were chosen for their appeal among children and mothers of small children. The park also advertised on WB 33 during the station's afternoon and Saturday morning cartoon programs. During the season, NRH20 conducted a trade-out with KXGM, a popular pop-rock station in Wichita Falls, Texas. In exchange for 100 tickets, the station aired NRH20'S -3- 60 second commercial 1 00 times. Additionally, KXGM sponsored a "Splash Tones" contest. Each time the "Splash Tones" were heard, a caller received two free passes to NRH20. Fifty-four of the one hundred complimentary tickets were redeemed at the front gate during the 2002 season. Season Pass Promotions The 2002 season was kicked-off with a holiday season pass sale that began December 1, 2001 and continued thru January 15, 2002. Prior to the start of the campaign, a direct mail piece was sent to the previous year's season pass holders. Additionally, the sale was promoted in the Fort Worth Child magazine, Dallas Family magazine and in more than 18,000 water bill inserts sent to North Richland Hills residents. During the sale, guests received a souvenir bottle good for $1 refills all summer long with the purchase of a season pass. NRH20 also held a spring season pass special prior to the May 18 opening of the park. The offer was announced in more than 18,000 water bill inserts to North Richland Hills residents and more than 12,000 postcards to previous season pass holders. Additionally, the sale was promoted in advertisements in the Fort Worth Star-Telegram and on the NRH20 website. Season pass buyers received a special souvenir bottle good for $1 refills all summer long, as well as an entertainment package. The entertainment package included a complimentary AMC movie pass, a Chick-fil-A coupon good for a free chicken sandwich, a complimentary bowling game at Showplace Lanes in Bedford, free locker rentals, a free "buddy pass" and a free Dr. Pepper drink coupon. The sale was held from March 18 to May 10, 2002. Brochure The 2002 general park brochure featured a new bright and colorful design that spoke to the park's family-oriented and fun atmosphere. The brochure showcased the Dive-In Movie schedule, birthday party information, the 2002 operating schedule, general admission prices and a detailed map highlighting the park's amenities and attractions. Roughly 80,000 brochures were distributed during the 2002 season. The 2002 NRH20 in-park brochure followed the same design and "look" as the general park brochure, but only featured the park's amenities, attractions, special events and a park map. The brochure was only distributed inside the park to further promote group sales and concessions, and to reduce the number of general park brochures obtained by guests who only utilized them for a short period. The park distributed approximately 15,000 in-park brochures during the 2002 season. Promotions A special Chick-fil-A cross promotion was once again implemented for the 2002 season to effectively drive business between local Chick-fil-A restaurants and NRH20. The promotion afforded potential NRH20 guests the opportunity to obtain a $3 off coupon to the water park at eight Chick-fil-A outlets in Northeast Tarrant County. The campaign began on July 5 and continued thru August 9. The promotion was publicized on the -4- NRH20 website and in the participating Chick-fil-A stores. In addition to the coupon, Chick-fil-A customers could register to win a family four pack of tickets to NRH20. For the 2002 season, NRH20 partnered with Dr. Pepper Bottling Group of Texas to present a unique discount offer to the park's guests. All day Monday thru Thursday, guests could redeem a 7UP can at the NRH20 ticket booth and receive the following daily admission rates: $7 under 48" tall and $11 over 48" tall. Guests could also bring a 7UP can any day after 5:00 PM and receive half off the regular admission price. The offer was publicized on approximately 1.3 million 7UP cans that were distributed across the Dallas/Fort Worth Metroplex and outlying areas. At the end of the season, NRH20 and The Sara Lee Bakery Group, the makers of Earth Grains bread, implemented a cross-promotion to effectively publicize the final operating days of NRH20, and introduce NRH20 guests to Earth Grains new Family Recipe Bread. A discount coupon for a free child's admission ticket with the purchase of an adult admission ticket was included on the bags of more than 114,000 loaves of Earth Grains family recipe bread, distributed throughout the Dållas/Fort Worth Metroplex. The bags of bread were distributed over a six week period during July, August and September. Donations NRH20 donates daily admission tickets to several hundred organizations per year, in exchange for promotional advertising at school carnivals, charity events and fundraisers. In 2002, over 500 organizations, including more than 50 Birdville Independent School District schools, North Richland Hills' churches and North Richland Hills' businesses, benefited from NRH20's dedication to serving the community. More than 2,000 tickets were awarded to these worthy organizations. Special Events To kick off the 2002 season, NRH20 hosted a special season pass holder's night from 6: 00 to 10: 00 PM on Friday, May 17. The event featured live music, half price hamburgers and hot dogs and plenty of fun. Despite a drastic dip in the temperature the night of the event, a few faithful fans donned their bathing suits and sweatshirts to enjoy a wet and fun evening. Dive-In Movies continued to playa major role in the park's success throughout the 2002 season. The movies were sponsored by Homewood Suites and Radio Disney AM 620, and were shown every Friday night beginning June 21 and continuing thru August 2. The movies for the 2002 season were Atlantis, Shrek, Recess School's Out, Jaws, Emperor's New Groove, Harry Potter and the Sorcerer's Stone and Spy Kids. Prior to each movie, Radio Disney held a special promotion relating to that night's movie, complete with giveaways, games and fun, family-oriented contests. The promotions were a huge hit among the guests and spawned additional publicity for the movies. Dive-In Movie nights generated approximately 1,000 more guests than other Friday nights throughout the season, illustrating the popularity of this unique and fun event. -5- As an added incentive for guests on Father's Day, the first 100 dads through the gates on Sunday, June 16 received free admission to the park. As in years past, NRH20 proudly hosted the 5th Annual Junior Guard Competition on Sunday, July 28. Twelve teams competed in a variety of events that tested their water safety and lifeguard skills. The participants, ranging from eight to 15 years of age, traveled from across the state of Texas to compete in this unique and fun competition. Radio Disney promoted the event via public service announcements and the Star- Telegram included the event in their community calendar of events. Group Sales The 2002 season proved to be a tremendous year for ticket sales and increased revenue. The department, in total, increased revenue 12.8% or $71,858. Group Tickets The 2002 season once again saw an increase in group ticket sales, attendance and service provided to the guests. Over 700 registered groups visited the park in 2002. A large majority of these groups were child day care facilities, churches and businesses. The group reservation pricing structure enabled guests to receive varying discounts based on group attendance. The 2002 season showed a revenue increase of $31 ,887 over 2001 with an additional 3,151 tickets sold. 2002 2001 2000 Tickets Sold 35,130 31 ,979 29,503 Total Revenue $310,101 $278,214 $263,589 Additionally, a walk up group discount is offered to groups who do not pre-register. In 2002, a total of 6,649 Walk-Up Group Tickets were sold resulting in $66,158 in revenue. Caterina In 2002, Over 20 organizations enjoyed catered meals served in a professional and efficient manner. The largest cater was served to the employees of Texas American Food Service; A total of over 675 people! 2002 2001 2000 Total Meals 5,287 5,826 3,959 Total Revenue $43,111 $50,789 $27,336 Additionally, NRH20 offered a food voucher option for groups choosing not to have a catered meal, but who still wanted to provide a lunch or snack option for their guests. -6- This portion of food service increased by 1 ,337 vouchers which accounted for a revenue increase of $4,800. 2002 2001 Total Vouchers 3,245 1,908 Total Revenue $9,879 $5,079 Rental Facilities Forest Picnic Areas and Pavilion rentals remain a popular choice for groups and organizations. Forest Picnic areas are to accommodate small groups (25-30 per site) in a shaded area. The covered pavilion is generally reserved for large groups and catered events. The additional revenue generated by renting these areas totaled $15,539, an increase over last year of 17.5% and $2,319. Exclusive Park Rentals The revenue from Exclusive Park Rentals saw an increase again in 2002. Seventesn organizations took advantage of this exclusive offer to rent the water park for "after hours" events this season. The total revenue for this exclusive service totaled $104,148 an increase of $3,124 from 2001. (This includes tickets, hourly rental fee and catered meals). Consianment Ticket Proaram The consignment ticket program is offered to local companies and organizations as an opportunity for their members or employees to purchase discounted tickets in an efficient and convenient method. The companies were responsible for selling the tickets and collection of the revenue. The companies returned to NRH20 the unused tickets and payments for the tickets sold. The tickets were available to the companies at a discounted rate and allowed NRH20 tickets to be sold at more than one venue. In 2002 over 40 organizations participated in the consignment program selling 8,612 tickets resulting in total revenues of $83,391. This number is a decrease from 2001 where 9,062 tickets were sold for total revenues of $87,675.325. Two former major consignment participants chose not to participate in the program this year. Instead, they chose to book a group outing. Thus, revenues generated from these companies are represented above in the ticket sales section. Birthday Parties NRH20 Birthday parties remain a popular choice for parents and kids. The Elements of Fun hosted approximately 400 parties in 2002. Birthday parties generated $74,811 in revenue. This was a increase of $5,995. Two party packages were offered this year. The Professor's Birthday Bash, for $115, was offered for eight guests and the Extreme Extravaganza, for $200, was offered for fourteen guests. Both packages included a full day's admission, the party island for one hour, a birthday cake, cookie or ice cream, -7- unlimited drinks during the party, a visit from Professor Frogstein, party favors, balloons and invitations, a Big Squirt and a T-shirt for the birthday perso.n. Guests could also purchase fun meals at a discounted rate for their parties and could invite additional guests at a discounted rate. Group Sales Promotional Materials The Group Sales brochure was also an integral part in the sucçess of this year's program. Over 3,500 organizations received information regarding the group sales program. A Group Sales video and sales packet was also available to promote the waterpark to larger groups and corporations. Revenue Operations Food Service The Food and Beverage department generated sales of $461 ,367 in the 2002 season. NRH20 offered guests several options for lunch, dinner and snacks at the main Concession Stand, Ice Cream Shop and the Snack Shack. The Food and Beverage team also catered a variety of menus such as bar-b-que, hamburgers and fajitas to many large groups. Prepared food such as Chick-fil-A and hamburgers accounted for over half of sales while ice cream encompassed over a third of all sales. Food and Beverage Sales $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $0 II Beverage Sales III Food Sales LO <D f'-. co œ 0 -r- N œœœœœooo œœœœœooo -r- -r- -r- -r- -r- N N N The Concession Stand provided a menu that offered many choices for the entire family at a fair price. Chick-fil-Ä sandwiches and nuggets accountedfor more than one-third of all prepared food sales. The Concession Stand team also prepared hamburgers; fries, hot dogs and nachos. Hamburgers were the second best sellers and were offered plain, -8- with cheese and with bacon. NRH20's guests also enjoyed snacks such Pretzels, Frito Lay chips and Nestle Tollhouse 'Cookies. 2002 Prepared Food Sales 39% II Chick-fil-A Hamburgers French Fries Pizza NRH20's Ice Cream Shop generated $152,398, which was 40% of the $384,996 total food service sales, in the 2002 season. The air-conditioned Ice Cream Shop featured two new products this season. Dippin' Dots, a unique frozen ice cream treat, made its debut in the Ice Cream Shop with seven flavors including Chocolate, Vanilla, Strawberry, Mint Chocolate, Banana Split, Rainbow Ice and C90kies N Cream. Guests had their choice from two sizes, 5 oz or 8 oz. Shaved Ice was also added for the 2002 season. Blue Bubblegum was the most popular flavor followed by Grape, Wild Cherry and Strawberry. The busiest times for the Ice Cream Shop were between 2:00 and 5:00 in the afternoon, which was also the hottest part of the day and coincided with most guests' exits. Dippin' Dots Ice Cream accounted for almost 80% of all snack food sales. - 9- 20Ò2 Ice Cream & Snack Sales 5% 3% · Dippin' Dots o Shaved Ice 3% · Nestle Tollhouse Cookies o Novelty Ice Cream · Chips/Popcorn · Giant Pretzels The Snack Shack, housed in the old tube rental building, served Chick-fil-A sandwiches and personal pizzas. Dr Pepper soft drinks 'and novelty ice cream such as Rainbow and Orange Pop Ups, frozen Snickers and M&M cookie sandwiches were also served from this convenient location near the popular lounging areas. The Snack Shack helped ease congestion at the main Concession Stand as well as generated almòst $20,000 in revenue which was 5% of total food service revenue. During Dive In Movies on Friday nights, the Snack Shack also served fresh popped popcorn to NRH20's guests. 2002 Food & Beverage Sales 40/0 50% II Prepared Food II Ice Cream Beverage Snacks Dr Pepper soft drinks were served at all the food service locations. The most popular flavor for the past eight seasons has been Dr Pepper followed by RC Cola and 7Up, Dr Pepper is a proven favorite of guests in this region because of its local history, heavy -10- advertisement and community involvement. Deja Blue bottled water and Welch's fruit juices were also available to qUènch guests' thirsts. Giant 32 oz. NRH20 souvenir bottles were also sold that offered guests $1.00 refills all summer long. Total beverage sales accounted for 17% of all food service sales at $76,371. Gift Shop The Gift Shop generated $123,251 in the 2002 season. NRH20's Gift Shop offered guests all the necessity items needed to enjoy their day at the water park such as sunglasses, Banana Boat sunblock, swimsuits, towels, water shoes, hats, cover-ups, baby floats and swim diapers. Guests could also purchase a large variety of candies, fashion jewelry, T-shirts, and sportswear. The Gift Shop's totaLrevenue decreased due to the public's waning interest in Beanie Babies. In 1998, Beanie Babies generated $110,000 in the off season. Preseason sales in 1999 were $39,000, $12,000 in 2000, $5,500 in 2001 and only $1,400 during the 2002 off season. To offset the decreased popularity of Beanie Babies, new toys and fun items for kids were introduced. Gift Shop Sales $50,000 II Beanie Baby Sales $200,000 $150,000 $100,000 Non-Beanie Merchandise Sales $0 1995 1996 1997 1998 1999 2000 2001 2002 Big Squirts, with the exception of the 1998 season, have been the park's best seller since 1995. Almost 10,000 Big Squirts were sold this season. Big Squirts are water toys that guests fill with water and squirt each other and the occasional lifeguard. Jewelry and Miscellaneous items, such as cameras, goggles, glow necklaces, and waterproof wallets, was the next best selling category. - 11 - 2002 Season Gift Shop Sales 5% 9% 45% III Big Squirts Wearables Asst. Toys III Candy III Suntan/Sunglasses Jewelry/Misc. III Beanie Babies 120/0 1 %12% Locker Rentals Lockers, located next to the Ice Cream Shop, were available to NRH20's guests to protect their belongings during their visit. Guests rented keys from the Gift Shop window that allowed them full access for the entire day unlike some water parks that use coin operated lockers that force guests to pay every time they open their locker. Locker rentals cost $2.00 plus a $1.00 deposit that was returned when the guest returned their key. Locker rentals generated $28,193 in revenue for the park. Park Operations During the summer of 2002 the Operations Department of NRl--hO saw many advancements and improvements occur that raised public awareness of our park and also enhanced the beauty of our park so our guests can enjoy our facility more. One of the major park enhancements done to improve the quª,lity of our guests experience was the resurfacing of our wave pool. We removed the old painted surface and replaced it with a $15,000 Ramuc Paint surface which is much more pleasing to the eye and also more durable than prior paints. The park also hosted the 5th annual Texas State Junior Guard Competition. This competition is exclusive to our area and is the first Junior Guard competition outside of California, Canada, and a couple of East Coast states. The cQmpetition was created by the NRH20 Operations Department and continues to improve yearly. The local media, including the Star-Telegram, covered this year's competition. The competition continues to provide improved community awareness of the waterpark and also -plays a big role in helping to fill our enrollment lists for our Junior Guard and Learn to Swim classes, both of which were again filled up before the park opened. - 12 - The lifeguards for NRH20 again had a very exciting, safe, and fun filled summer. This year 175 lifeguards were trained in CPR, first aid, and lifeguarding skills. NRH2Û continues to be very proactive in its training approaches. Again this years lifeguards were required to perform inservice daily, covering such topics and exercises as infant and child CPR to the more extensive full blown drowning scenarios where the lifeguards have to perform such extra duties as crowd control and assisting the park EMT's. Lifeguards were also pulled off the stand daily and made to perform backboarding and other lifeguard skills while the park was open, letting the guests know that NRH2Û takes its lifeguards skills very seriously. Due to these increased training efforts the lifeguard staff was able to win a "Gold" award from the lifeguard firm of Jeff Ellis and Associates, an award that is very hard to attain with the advent of stricter judging criteria. Also, in order to aid in our ongoing quest to provide well-trained lifeguards for the safety our guests, we added three new lifeguard instructors to our ranks, bringing the total to nine for the park. In the future we plan on adding even more instructors in order to continue training better and safer lifeguards. Team Peñormance and Benefits The seasonal team members, a vastly important section of the team, continue to be pivotal in the success of NRH20. Although there are several contributing factors to the success of the park, the most noteworthy are the seasonal team members. The 300 plus seasonal team members encountered many more guests than any supervisory personnel could hope to contact. This presents NRH20 with many opportunities to either exceed the guests' expectations or not reach that level. That is why the seasonal team is so important. This season our exceptional team members were provided with discounts to area attractions, complimentary admission to NRH20, a private showing of the movie "Austin Powers in Goldmember" and other special events throughout the summer. To cap off a great season, all team members still on board were invited to an end of the season party at a local park. A great time was had by all and we hope to see our team members return for the 2002 season. -13 - Financial Performance NRH20 finished the season with over $3.3 million in revenue for Fiscal 01-02. This was a record-breaking year in terms of revenue collection for the facility. Park Revenue Park expenses including indirect cost transfer to the general fund ($81 ,708) and computer allocation expense transfer to general fund ($86,661) totaled approximately $2.5 million. -14 - Survey Results Survey results for the 2002 Season remain very positive. The surveys are not only a good tool to find out how the guest feels about the park, but also how long the guest stayed, how many people were in their party, where the guest was from and other helpful information. Below is the survey question followed by the average answers. The scale runs from 1.0 to 5.0, with 5.0 being the highest possible rating. How many hours did yOU stay today? - 5.7 The length of stay maintained at 5.7 hours. A longer length of stay is positive since the longer people are in the park the better time they are having and the more opportunity there is that the guest will spend money. As more attractions and activities are added to the park, length of stay will increase. How many people came with you? - 7.5 This number is down from the 2002 season, which was 7.6. How would yOU rate NRH:¡,O's attractions and facilities? - 4.3 The ratings of the attractions and facilities remained unchanged at 4.3. How would YOU rate NRH,O's Quest service and courtesy? - 4.5 This rating decreased slightly from the 2001 season. With a higher number of guests in the park this season, this rating was not entirely unexpected. How would yOU rate NRH,O's auality of concessions? - 4.0 With the changes incorporated during the construction process our quality of concessions remained unchanged from last season. What radio station do yOU listen to? For the sixth season in a row, KISS 106.1 FM was ranked number one by the guests of the park. The second most popular station was KPLX 99.5 FM with KRBV 100.3 finishing third. How did yOU find out about NRH?O? "Live nearby" was the number one followed closely by "Friend/family". This strong word of mouth is reflective of the overall high quality of the entertainment service provided. Television was the third followed by radio, billboards, newspaper, water bill, and brochure. - 15- How did yOU find NRH20'S concession pricino? Reasonable 57.23% Inexpensive 8.35% Expensive 29.67% Not Answered 5.74% How did YOU find NRH20'S admission pricino? Reasonable 71.15% Inexpensive 18.74% Expensive 10.04% Not Answered 0.07% Who's idea was it to visit NRHfO? Family 24.08% Other 23.26% Mom 16.97% Friends 15.84% Children 15.42% Dad 3.47% Grandparents 0.96% Who's Idea Was It to Visit? Dad 3.47"/ó Grandparents 0.96"10 Children 15.42% Family 24.08% - 16- ø Where are yOU from? . The largest percentages of the guests are coming from outside the DFW area, with 22.74 percent, an increase from the 2001 Season. This has been a large percentage over the last five years. Some of these "Not from Area" guests must be attributed to people who are visiting family (or others) in the area. This leaves the remainder who are either visiting the Dallas/Fort Worth area and have chosen to visit NRH20 over other attractions or those who have come to North Richland Hills just to visit NRH20. These guests bring additional revenue to the City of North Richland Hills as a whole in the form of sales taxes and purchases made that help the local economy. This trend should be continued because the opportunity exists for NRH20 to continue to become more of a family destination location if properly developed. The second largest segment was North Richland Hills residents with 19.68 percent. This shows that the park is still being well received by our residents. Where Are You From l1li2002 1112001 30,00% 02000 ¡¡¡ 8 Year Average 25.00% 20,00% 15,00% 10.00% 5,00% 0.00% ~»i!:»;!'>~!6'!6'~~¡;'> c,!r!:!:~~iS'º"";¡¡':::ß- ~!t ¡¡¡it O"!;r¡¡¡O~ :) 8-:;] a~g g~ ~g~¡¡(~~WS'~~~~~~~~i~~if~~~i~if~f~~R!ï!1~Y1~~~~ ~! i} m' g h ~ ~ ;E S ~ g ð. ~ ~ !! g g!i cB ~ ~ ~ ¡¡¡ ~~ h, ;¡: 0 [h; ~ il (þ i1 == '< ;:)::~ -<4':ro Q.Q. Q)ð"tii'zs:~fif (1)0. <~œ 3 œ g~ ~œ~ ~~ ~ª~ g~ ~ 5. l§" ;f<i m= ~ Will you recommend NRH20 to a friend? Yes 98.42% No 1.58% The level of service provided to all guests is why word of mouth continues to be NRH20's strongest method of advertisement. -17 - Will YOU revisit NRH?O? Yes 98.45% No 1.55% Many of the "No" responses continue to be due to the fact the guest either did not live in the area or was moving from the Metroplex. -18 -