HomeMy WebLinkAboutCC 2003-07-28 Agendas
.
<.....'
.
CITY OF NORTH RICH,LAND HillS
PR&-COUNCIL AG.ENDA
JULY 28, 2003 - 5:45 PM
For the Meeting conducted at the North Richland Hills City;.Hall - Pre-Council Chambers7~01
Northeast Loop 820.
NUMBER ITEM ACTION
TAKEN
1. Discuss Items from Regular July 28, 2003 City Council
Meeting (5 Minutes)
Review .Enhancements·to Tommy and Sue Brown Park and
2. IR 2003-079 Forrest Glen Fire Station (15 Minutes)
3. I R 2003-080 Review Athletic Field Ordinance (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
North HUls Mall
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.
07/28/03
City Council Agenda
Page 1 of 5
POSTfD
ï laws b~
. Dat.
~'. t.te .t. tt\ .
/ut. City ;:~.. . ^.
By ~ fw,) Yl. ~.~ .
·
4t
CITY Of NORTH RlCHLAND HILLS
CITY COUNCIL AGENDA
JULY 28, 2003 ... 7:00 PM
For the Meeting conducted at the North Richland Hills City Hall Councilc 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 -
Greg Vick, Assistant City Manager
3. Pledge -
Greg Vick, Assistant City Manager
~
4. Special Presentations ,
Yard of the Month
5. Removal of Item(s) from the Consent Agenda
07/28/08
City Council Agendac
Page 20f5
. ..
.
NUMBER ITEM ACTION TAKEN
6. Consent a. Minutes of the July 14,2003 Council
Agenda Meeting
GN 2003-079 b. Ordinance Abandoning a Portion of a Street
(Admundson Drive) and Alley (Winter Park
Drive) and Releasing Easements in
Hometown NRH ) - Ordinance No. 2724
GN 20Q3-080 c. Approve Amendment #1 to the Local
Project Advance Funding Agreement with
TxDOT Authorizing the City of North
Richland Hills to Locally Let and Manage
the South Electric Trail Projed, and
Approve Resolution No. 2003-062
PU 2003-036 d. Award Annual Contract for Miscellaneous
Concrete Improvements - Resolution No.
2003-060
PW 2003-009 e. Approve Agreement with Pinnacle
Consulting Management Group, Inc. for
Right-of-Way Acquisition on Rufe Snow
Drive (Ridgetop Drive to Highlawn
Terrace)
PW 2003-010 f. Approve Engineering Agreement with
Graham Associates, Inc. in the amount
of $123,816 for the Design of the
Glenview Drive (Honey Lane to Flory
Lane) and Flory Lane (Manor Drive to
Glenview Drive) Projects
PW 2003-011 g. Approve Engineering Agreement with
Teague Nail and Perkins, Inc. in the
amount of $102,647 for the Design of the
Lola Drive (Scott Drive to Davis
Boulevard) and Galway Lane (Emerald
Hills Way to the Park Entrance) Projects
PW 2003-012 h. Approve Engineering Agreement with
Birkhoff, Hendricks, and Conway, L.L.P.
in the amount of $96,200 for the Design
of the Holiday West Channel
Improvements) Meadow Oak Drive to
Holiday Lane)
07/28/03
City Council Agenda
Page 3 of 5
..
.
.
NUMBER ITEM ACTION TAKEN
I
6. Consent Agenda Con't
PAY 2003-003 i. Approve Final Pay Estimate #3 to Smith
Contractors, Inc. in the Amount of
$9,487.15 for the Jester Court/Squire
Drainage-Improvements Project ~
7. PS 2003-27 Public Hearing to Consider Request from Marvin
and Jill Smith for'the Approval of the Final Plat
of Lots 3R1 & 3R2, Block 2 Dougtas Estates
Addition Phase II Located in the 1500 block of
Douglas Lane (.696 acres).
8. ',GN 2003-081 Public Hearing to Consider Amendments to
Zoning Ordinance No. 1874 to Consider
Restricting Garages in the R-4-D Zoning District
to Side or Rear Entry - Ordinance No. 2713
9. GN 2003-088 2003 Local Law Enforcement Block Grant,
Appointing Officers to Board and Setting Public
Hearing - Resolution No. 2003-059
10. GN 2003-086 Consideration of an Ordinance Prohibiting the
Painting, Staining, Qr Marking of Public
Sidewalks and Curbs - Ordinance No. 2721
11. GN 2003-084 Approve Change Order No. 1 to the
Construction Contract with American Civil
Constructors, Inc. in the Amount of $62,464, for
the Cottonbelt Trail Project Amend the CIP
Budget, Execute the Supplemental Agreement
with TxDOT and Approve Resolution No.. 2003-
061
12. GN 2003-085 Approval of Athletic Fields Regulation Ordinance
No. 2723
13. GN· 2003-077 Revise Garbage Collection Ordinance No. 2715
(Postponed at the July 14 City Council
Meeting)
14. GN 2003-089 Adopt Ordinance Denying the TXU Gas Rate
Increase Proposal- Ordinance No. 2723 I
15. GN 2003-082 Amendment to Council Rules of Procedure
Pertaining to Citizens' Presentations -
Ordinance No. 2720
07/28/03
City Council Agenda
Page 4 of 5
1 .
..
..
NUMBER ITEM ACTION TAKEN
16. GN 2003-083 Cons.ider Appointmen~ to Economic
Development Advisory Committee
17. GN 2003-087 Appointment to Teen Court Advisory Board,
Place 4
18. Action on Any Item Discussed in Executive
Session listed on Pre-Council Agenda
19. a) Citizens Presentation
b) Information and Reports
20. Adjournment
1/~~
- .."'"
-
_.
~
07/28103
City Council Agenda
PageSof5
Da~
1', '"'~ J. W\ . .
Time
~~~~~þ
Bt.r... . ·-.._k"'_'" ~ ~'. '..lo '. .~ .....- .,~--
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. 2003-079
~ Date:
T Subject:
July 28, 2003
Review Enhancements to Tommy and Sue Brown Park and
Forest Glenn Fire Station
The Internal Public Art Committee has selected Dallas sculptor, Eliseo S. Garcia for the public
art commission at Tommy and Sue Brown Park and the Forest Glenn Fire Station. Mr. Garcia
has several commissions in the Dallas/Fort Worth area and has received numerous awards for
his beautiful work in Texas Limestone and granite. Commissions include the City of Irving and
the Dallas Area Rapid Transit.
The proposed sculpture for Tommy and Sue Brown Park will be a four-sided Texas Limestone
piece that incorporates an outdoor nature theme. The textures and relief patterns will be heavily
sculpted to create beautiful tactile surfaces.
The proposed sculpture for the Forest Glenn Fire Station will also be constructed from Texas
Limestone which will match the architecture at the fire station. The three-sided sculpture will
feature a "protection" theme in the relief patterns. The sides will symbolize the protection the
community receives from firefighters, the protection a child receives from its mother and the
protection of the family unit.
We look forward to reviewing these proposals with you Monday.
Respectfully submitted,
~~
Vickie Lottice
Chair, Internal Public Art Committee
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2003-080
~ Date:
T Subject:
July 28, 2003
Athletic Fields Regulation Ordinance No. 2722
In an effort to protect and preserve our athletic game fields it is recommended that the City of
North Richland Hills adopt an ordinance that prohibits entry on closed or restricted athletic fields.
The Parks and Recreation Department has posted signs in an effort to restrict practices and
deter unauthorized use of game fields. These signs are ineffective because there is not an
ordinance to support the policy.
With limited practice fields available in other cities, teams from all over the northeast region are
practicing on our game fields. This kind of unrestricted use of athletic game fields damages
quality playing conditions and also increases the cost of maintaining and repairing the
overburdened fields.
Practice fields are available throughout the City for use by city youth sports associations.
Currently there are 11 softball/baseball backstops and 16 soccer/football practice areas. With
the opening of the new neighborhood parks we will add an additional eight backstops and three
soccer practice fields. The Youth Sports Associations support the ordinance and control offield
use by permits. The associations have a vested interest in maintaining safe quality playing
conditions since they pay maintenance fees for use of the fields.
Several cities throughout the Metroplex have adopted similar ordinances including Grapevine,
Colleyville, Southlake, Arlington, Irving, Frisco, Denton, Piano, Lewisville and Mesquite.
The ordinance will prohibit entry on closed or restricted athletic fields; provide for the placement
of signs to prohibit unauthorized use, establish a penalty; provide for publication and establish
an effective date.
The Park and Recreation Board, at their June 2nd meeting, unanimously voted to forward the
proposed ordinance to City Council. The youth sports associations are also in support of the
ordinance which will help alleviate unauthorized use by teams outside the city and reduce field
deterioration.
Respectfully submitted,
~~
"'. -1-' L .~ no
,u~~
Jim Browne
Director of Parks and Recreation
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
.
.
.
Athletic Fields Reaulation Ordinance NO. 2722
Attachment
Athletic Facilities Which Will Benefit From Proposed Ordinance:
Walker's Creek Park - 4 competition softball fields
Northfield Park - 3 competition adult softball fields
Richfield Park - 6 competition baseball fields
Fossil Creek Park - 3 competition softball fields
Green Valley Community Park - 8 competition soccer fields
Cross Timbers Park - 4 competition baseball fields
Practice Fields That Will Continue To Be Available:
Baseball/Softball Practice Fields
Eleven (11) practice backstops are available
Green Valley Community Park - 1
Linda Spurlock Park - 1
NRH20 - 1
Holiday Lane Athletic Fields - 6
JB Sandlin Park - 1
Walker's Creek Park - 1
Soccer/Football Practice Fields
Sixteen (16) soccer practice areas are available
Holiday Lane Athletic Fields - 3
NRH20 - 1
Walker's Creek Park - 1
Richland Plaza - 11
New Neiahborhood Parks
8 backstops
3 practice soccer fields
Total Numbers of Practice Facilities
Backstops for Softball/Baseball - 19
Soccer/Football practice fields - 19
·
ORDINANCE NO. 2722
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
'22
·
AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 17 OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS CODE OF ORDINANCES; CORRECTING
A PENALTY PROVISION AND PROIDBITING ENTRY ON CLOSED OR
RESTRICTED ATHLETIC FIELDS; PROVIDING FOR THE PLACEMENT OF
SIGNS TO PROHmlT UNAUTHORIZED USAGE; ESTABLISHING A
PENALTY; PROVIDING FOR PUBLICATION AND ESTABLISIDNG AN
EFFECTIVE DATE
WHEREAS, it is become increasingly difficult to maintain quality and safe
athletic fields due to overuse and whereas it has come to the City's attention that persons
have been using athletic fields for practice without regard to Parks and Recreation policy,
posted signs, locked field gates or closure for maintenance or field conditions; and
WHEREAS, unauthorized usage is detrimental to the preservation and orderly
utilization of City of North Richland Hills athletic fields; and
WHEREAS, the City Council of the City of North Richland Hills Texas finds that
it is in the public interest to adopt regulations to prevent and penalize such unauthorized
usage; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
RlCHLAND HILLS, TEXAS:
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
·
Sec. 1: That Chapter 17 of the North Ricbland Hills Code of Ordinances be amended by
amending Section 17-8 thereof and adding a new Section 17-9, which amended and added
Sections shall read as follows:
"See. 17-8. Entry on Closed or Permit Only Athletic Fields
(a) It shall be unlawful for any person other than a city employee or a
contractor performing athletic field maintenance to enter upon a City of
North Richland H ills athletic field that has a sign posted "Closed due to
MaintenancelField Conditions."
(b) If a City of North Richland Hills athletic field has a sign posted "Field
use with permit only" or similar language, it shall be unlawful for any
person other than a city employee, a contractor performing athletic field
maintenance to enter such field without having been issued a City of North
Ricbland Hills reservation permit that states the dates and times of usage.
(c) The City Manager, or his designee, is authorized and directed to post
the signs provided for above on or adjacent to City of North Richland Hills
athletic fields.
Ordinance No. 2722
Page 1 of2
· 1
2
3
.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
·
28
29
30
31
32
33
34
35
36
37
38
Section 17-9. Penalty
Violation of this Article shall be punished by a fine not exceeding
$500.00 for each such violation."
Sec. 2. Any person violating any provision section 17-8 of the Code of Ordinances as
herein amended shall, upon conviction, be fined a sum not exceeding $500.00.
Sec. 3: The City secretary is authorized and directed to cause publication of the
descriptive caption and penalty clause of this ordinance one time.
See.4: This ordinance shall become effective immediately upon publication.
PASSED AND APPROVED this the 28th day of July, 2003.
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO LEGAL FORM:
George Staples, City Attorney
APPROVED AS TO CONTENT:
Jim Browne, Parks and Recreation Director
·
Ordinance No. 2722
Page 2 of2
.
YARD-OF-THE-MONTH
JULY, 2003
AREA 1 Billie Morrison, 5801 North Hills Dr.
AREA 2 Mike & Juana Blevins, 7113 Turner
AREA 3 A. R. & Darlene Bernard, 4812 lariat
AREA 4 Bill & lois Powell, 5524 Meadow Oaks
AREA 5 Jeff Whitehead, 8004 Bridae Street
. AREA 6 Kerry & Debbie McGeath. 7709 Blythe Ct.
AREA 7 Janet Swedmeier. 6725 Rollina Hills
AREA 8 Tommy & Pat Wallina. 7812 Woodhaven
AREA 9 Daniel & Daniela Orasanu, 8428 Havenwood
Texas SmartScape Winner Ron Dorman, 7340 Holiday lane
Business landscape Winner Kimberly-Clark. 6625 Industrial Park
.
MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST
LOOP 820 - JULY 14, 2003
e
PRE-COUNCIL SESSION
The City Council of the City of North Richland Hills, Texas met in Pre-Council session
on the 14th day of July, 2003 at 6:00 p.m. in the Pre-Council Room prior to the 7:00
regular Council meeting.
Present:
Oscar Trevino
Joe D. Tolbert
John Lewis
Scott Turnage
Frank Metts, Jr.
JoAnn Johnson
David Whitson
Timothy J. Welch
e
Staff Members: Larry J. Cunningham
Greg Vick
Karen Bostic
Paulette Hartman
Patricia Hutson
Alicia Richardson
George Staples
John Pitstick
Larry Koonce
Mike Curtis
Jenny Mabry
Clay Caruthers
Patrick Hillis
Dave Green
Call to Order
Mayor
Mayor Pro Tern
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilman
City Manager
Assistant City Manager
Managing Director Administrative/Fiscal Services
Assistant to City Manager
City Secretary
Assistant City Secretary
City Attorney
Director of Development
Finance Director
Public Works Director
Communications Director
Budget Manager
Human Resources Director
Zoning Administrator
Mayor Trevino called the Pre-Council meeting to order at 6:00 p.m.
1. Discuss Items from ReQular Julv 14. 2003 City Council Meeting
Agenda Item NO.7 - GN 2003-077 - Mayor Trevino advised it was anticipated that a
number of builders would be present to explain their position on the issue. Mr. Jim
Lattimore, Trinity Waste, will also be present. Staff met with Trinity Waste on Friday
and they are in the process of resolving the issues to the benefit of the builders and
Trinity Waste. Council was requested to postpone discussion and action on the item for
-
e
e
-
City Council Minutes
July 14, 2003
Page 2
two weeks to allow an agreement to be reached between the City and Trinity.
Consensus of the Council was to postpone the item for two weeks.
Agenda Item No. 18 - GN 2003-076 - Mayor Trevino advised that he requested the
Attorney to include language in the ordinance that would not allow citizens comments
on matters which are scheduled for consideration by Councilor another city board or
commission at a later date. Council concurred with the revised ordinance.
2. IR 2003-074 Use of Council Chambers for Tarrant County Votinq Activities
Ms. Patricia Hutson, City Secretary, advised Council that Tarrant County Elections was
requesting the use of City Hall for early voting activities for the September 13
Constitutional Amendment election. Council was advised of a conflict on September 8
when early voting will be conducted until 7:00 p.m. Because September 8 is also a
regular Council meeting night, Council would need to delay calling to order the council
meeting at 7:00 p.m. until the last voter in line at 7:00 p.m. has voted and the county
has secured the election equipment. Council did not have a problem delaying the
meeting and agreed to work with the County.
3. IR 2003-075 Discussion Reqardinq Sidewalk Paintinq Ordinance
Councilman Welch advised he requested this item be placed on the agenda for
discussion in light of a recent newspaper article about a situation in Arlington where a
citizen complained to the city about neighbors painting the sidewalk in front of their
residences. Because Arlington did not have any ordinances to prevent the painting of
sidewalks, Councilman Welch asked City Staff if North Richland Hills would be able to
prevent a similar situation. A research of city ordinances and codes has determined
that the City does not have any ordinances that would prevent an individual from
painting a public sidewalk. Staff advised they have been working with the City Attorney
to draft an ordinance that will prohibit any kind of permanent painting of a sidewalk.
Staff requested input and direction from Council. Council consensus was for Staff to
bring the draft ordinance to Council for consideration.
4. IR 2003-076 Davis Boulevard Restripinq Project Update
Mr. Mike Curtis, Public Works Director, updated the Council on the TxDOT project to
restripe Davis Boulevard from Emerald Hills to Starnes Road from 5 to 7 lanes. Council
was also updated on the Mid-Cities / Davis Boulevard intersection improvements. Staff
briefed the Council on the timeline for the two projects and explained the issues
causing a delay in the Davis Boulevard project. TxDOT feels that both projects need to
be designed and constructed together to provide additional funds and better
sequencing of the work. TxDOT wants the intersection improvements made prior to the
restriping of the Davis Boulevard project. If the City is interested in doing both projects
together, the State will participate in the restriping project. However if the City does not
want to do the intersection improvements first, the State is not interested in participating
e
e
e
City Council Minutes
July 14, 2003
Page 3
in the restriping project at this time. The City has two options - 1) Proceed with the
restriping project now and pay all TxDOT cost or 2) include the Mid Cities I Davis
Boulevard intersection improvements with the restriping project. City and TxDOT will
each pay their cost, but the restriping of Davis Boulevard will take approximately one or
two years longer to complete. Council discussed the financial benefits of combining the
two projects even though it will mean delaying the restriping of Davis Boulevard.
Councilman Lewis expressed safety concerns regarding the flow of traffic with the
additional traffic lanes on Davis Boulevard and the speed limit remaining at 50 mph.
Staff advised that the speed limit is a TxDOT issue and will be reevaluated by TxDOT
after the improvements are completed. The consensus of the Council was to combine
the two projects unless the City receives a better offer from TxDOT. Council was
advised that the CIP budget for the upcoming year will show the projects as two
separate projects with the dates being the same and reference made that the two
projects will be completed together. The traffic flow and speed limit will be revisited
later and if necessary, petition TxDOT at the point of the restriping.
5. IR 2003-073 State Leqislative Update
Mr. Greg Vick, Assistant City Manager, highlighted legislative bills that were of priority to
the City that were sent to the Governor for his signature. Mr. Vick also discussed other
bills of interest to the City that were signed by the Governor.
Adjournment
Mayor Trevino announced at 6:50 p.m. that the Council would adjourn to the regular
Council meeting.
REGULAR COUNCIL MEETING
1.
CALL TO ORDER
Mayor Trevino called the meeting to order July 14, 2003 at 7:03 p.m.
ROLL CALL
Present:
Oscar Trevino
Joe D . Tolbert
John Lewis
Scott Turnage
Frank Metts, Jr.
JoAnn Johnson
David Whitson
Mayor
Mayor Pro Tern
Councilman
Councilman
Councilman
Councilwoman
Councilman
City Council Minutes
July 14, 2003
Page 4
e
Timothy J. Welch
Councilman
Staff:
Larry J. Cunningham
Greg Vick
Karen Bostic
Patricia Hutson
Alicia Richardson
George Staples
City Manager
Assistant City Manager
Managing Director Administrative/Fiscal Services
City Secretary
Assistant City Secretary
Attorney
2.
INVOCATION
Councilwoman Johnson gave the invocation.
3.
PLEDGE OF ALLEGIANCE
e
Councilwoman Johnson led the pledge of allegiance.
4.
SPECIAL PRESENTATIONS
None.
5.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
6.
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A. MINUTES OF THE JUNE 23, 2003 COUNCIL MEETING
B. PS 2003-21 CONSIDERATION OF A REQUEST FROM QUICKTRIP
CORPORATION FOR THE APPROVAL OF THE FINAL PLAT OF LOT 1, BLOCK A
Q.T. 855 ADDITION LOCATED IN THE 6300 BLOCK OF DAVIS BOULEVARD (2.447
ACRES)
C. PS 2003-23 CONSIDERATION OF A REQUEST FROM J & J NRH 100 FAMILY
_ PARTNERSHIP FOR THE APPROVAL OF THE FINAL PLAT OF LOTS 1-58, BLOCK
e
e
-
City Council Minutes
July 14, 2003
Page 5
1 FOREST GLENN WEST ADDITION LOCATED IN THE 7800 BLOCK OF
SMITHFIELD ROAD (21.453 ACRES)
D. PS 2003-25 CONSIDERATION OF A REQUEST FROM CIVILWORKS
ENGINEERING FOR THE APPROVAL OF THE FINAL PLAT OF LOT 1 R, BLOCK 18
CLEAR VIEW ADDITION 2ND SECTION LOCATED IN THE 5100 BLOCK OF DAVIS
BOULEVARD (.548 ACRES)
E. PS 2003-26 CONSIDERATION OF A REQUEST FROM BRITTAIN & CRAWFORD
ON BEHALF OF TARRANT COUNTY FOR THE APPROVAL OF THE FINAL PLAT
OF LOT 1, BLOCK 1 TARRANT COUNTY NORTHEAST MAINTENANCE CENTER
ADDITION LOCATED IN THE 7300 BLOCK OF PRECINCT LINE ROAD (5.346
ACRES)
F. GN 2003-072 APPROVE A PERMANENT DRAINAGE EASEMENT TO TARRANT
COUNTY (TARRANT COUNTY NORTHEAST MAINTENANCE CENTER, BLOCK 1,
LOT 1)
G. PU 2003-034 APPROVE RESOLUTION NO. 2003-057 FOR THE PURCHASE OF
LIABILITY AND WORKERS' COMPENSATION STOP LOSS INSURANCE
H. PU 2003-035 AUTHORIZE CONTRACT FOR WATER METER WITH ATLAS
UTILITY SUPPLY COMPANY - RESOLUTION NO. 2003-056
I. PW 2003-008 APPROVE ANNUAL INTERLOCAL AGREEMENT WITH TARRANT
COUNTY FOR NORTH TARRANT PARKWAY - RESOLUTION NO. 2003-058
COUNCILWOMAN JOHNSON MOVED, SECONDED BY MAYOR PRO TEM TOLBERT TO APPROVE
THE CONSENT AGENDA.
Motion to approve carried 7-0.
7.
GN 2003-077 REVISE GARBAGE COLLECTION - ORDINANCE NO. 2715
POSTPONED
Mayor Trevino advised this item will be postponed for two weeks. Council would prefer
to wait until the item is brought back to hear any discussion or comments. The builders
who were present were advised to forward to the City Manager for distribution to the
City Council any information they have with them that they would like to present.
Karen Bostic, Managing Director of Administrative and Fiscal Services, advised council
Ordinance No. 2688 was passed in February. The ordinance required that containers
be present at all residential construction sites and also required that containers be
required by Trinity Waste. Once the ordinance was passed Building Inspections sent
e
e
-
City Council Minutes
July 14, 2003
Page 6
out notices to builders to advice of the new requirement that they use Trinity Waste for
the residential construction debris. Staff received telephone calls from builders
regarding the new requirement. Pulte Homes has a contractor who cleans their site
and loads and hauls the trash. Staff met with Trinity Waste to discuss the concerns of
the builders to see if an amicable agreement can be reached. The City Attorney
reviewed the contract to determine if the "turn key" service would not violate the
contract with Trinity Waste. The City Attorney concluded that allowing this type of
service would not violate the contract because it is a service not provided by Trinity
Waste. Turn Key is defined as a company who's primary business is cleaning the site,
provides their own containers, keep site clean, load debris in container and haul
containers off site. The ordinance before council tonight is to allow the "turn key"
service. Staff has also included the cost for the service of $100.00 per year, plus
$15.00 for each residential homestead. This is approximately the amount Trinity Waste
pays to the City in franchise fees. The turn key service will only be allowed to those
businesses whose primary business is to clean up and haul off debris from construction
sites.
COUNCILWOMAN JOHNSON MOVED TO POSTPONE GN 2003-077, ORDINANCE No. 2715 FOR
TWO WEEKS. COUNCILMAN WELCH SECONDED THE MOTION.
Motion to postpone carried 7-0.
8.
PZ 2003-14 PUBLIC HEARING TO CONSIDER A REQUEST FROM MARVIN AND
JILL SMITH FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-1'
RESIDENTIAL LOCATED AT 7600 DOUGLAS LANE (2.980 ACRES) _
ORDINANCE NO. 2718
APPROVED
Mr. Greg Dickens, representing the applicants, Marvin and Jill Smith, presented request
to change the zoning from agricultural to residential.
Mr. Dave Green, Zoning Administrator, advised the site is currently zoned agricultural
and not platted. The applicant is wanting to demolish an existing single family
residence and replace it with a new residence. Residential structures are not permitted
under the current zoning. The Planning & Zoning Commission recommended approval
on June 19, 2003 by a vote of 6-0.
Mayor Trevino opened the public hearing and called for anyone wishing to speak in
favor or opposition to the request to come forward.
There being no one wishing to speak Mayor Trevino closed the public hearing.
City Council Minutes
July 14, 2003
Page 7
e
COUNCILMAN TURNAGE MOVED TO APPROVE PZ 2003-14. COUNCILMAN METTS SECONDED
THE MOTION.
Motion to approve carried 7-0.
9.
PZ 2003-16 PUBLIC HEARING TO CONSIDER A REQUEST FROM JAMES RIGSBY
FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-1-S" SPECIAL
SINGLE FAMILY RESIDENTIAL LOCATED AT 8929 RUMFIELD ROAD (1.00 ACRE)
- ORDINANCE NO. 2719
APPROVED
Mayor Trevino opened the Public Hearing and called for the applicant to present
request.
The applicant or a representative of the applicant was not present to present the case.
Mayor advised of Council policy that applicants are required to be present at Council
meetings to present their requests.
MAYOR PRO TEM TOLBERT MOVED TO CONTINUE THE PUBLIC HEARING TO THE NEXT CITY
COUNCIL MEETING. COUNCILMAN WHITSON SECONDED THE MOTION.
e Motion to continue the public hearing carried 7-0.
(Note: Applicant was present later in the meeting and Council reconsidered and heard
the request at the end of the meeting.)
10.
PS 2003-15 PUBLIC HEARING TO CONSIDER A REQUEST FROM HOME TOWN
NRH FOR THE APPROVAL OF A RESIDENTIAL REPLA T OF LOT 1 R, BLOCK WW
AND LOT 62R, BLOCK 1 OF HOME TOWN PHASE II ADDITION LOCATED IN THE
8500 BLOCK OF BALLPARK ROAD (1.076 ACRES).
APPROVED
Mayor Trevino opened the Public Hearing and called for the applicant to present the
request.
Mr. Jeff Miles, Jones and Boyd, Inc., representing the applicant presented the request
to change the current lot boundaries in order to extend Newman Drive and tie it into
Ballpark Road.
e
e
e
e
City Council Minutes
July 14, 2003
Page 8
Mr. Dave Green, Zoning Administrator, advised that all of Public Works' requirements
had been addressed. The Planning and Zoning Commission recommended approval
on June 19, 2003 by a vote of 6-0.
Mayor Trevino called for anyone wishing to speak in favor of or opposition to the
request to come forward.
There being no one wishing to speak, Mayor Trevino closed the public hearing.
COUNCILMAN LEWIS MOVED TO APPROVE PS 2003-15, THE FINAL PLAT OF LOT 1 R, BLOCK
WW AND LOT 62R, BLOCK 1 OF HOME TOWN PHASE II ADDITION. COUNCILMAN TURNAGE
SECONDED THE MOTION.
Motion to approve carried 7-0.
11.
PZ 2003-13 PUBLIC HEARING TO CONSIDER A REQUEST FROM DICKERSON
DEVELOPMENT FOR A ZONING CHANGE FROM "C-2" COMMERCIAL TO "PD"
PLANNED DEVELOPMENT FOR "C-2" USES AT THE NORTHEAST CORNER OF
THE INTERSECTION OF RUFE SNOW DRIVE AND MID-CITIES BOULEVARD (1.124
ACRES) - ORDINANCE NO. 2717
APPROVED
Mayor Trevino opened the Public Hearing and called for the applicant to present the
request.
Mr. John Dickerson, Dickerson Development, presented request to demolish an existing
retail building and replace it with an Eckerd's Drug Store. Mr. Dickerson presented their
plans for the site.
Mr. Dave Green, Zoning Administrator, advised request is a redevelopment planned
development and that the applicant is requesting a zoning change to Planned
Development because of variances that are needed to develop the site. Council was
advised that access will be provided by existing common access easements from the
adjacent shopping center and the existing access points onto Rufe Snow and Mid Cities
will be eliminated. Variances requested are:
· Building set back - a 25-foot setback is required from both the Rufe Snow
Drive and Mid Cities frontages. A variance is requested on the Mid-Cities
frontage. On the Mid-Cities frontage a canopy covering the drop-off and pick-
up driving lane will permit only an 8-foot setback.
e
e
e
City Council Minutes
July 14, 2003
Page 9
· Signage - Applicant is requesting a variance to permit a third wall sign on the
northern building elevation which does not have street frontage or a public
entrance. Regulations permit will signs on a maximum of two walls and are
permitted only on walls that face public street or above public entrances.
· Landscaping - Applicant is requesting a variance from the 15-foot setback
required on Rufe Snow Drive and Mid Cities Boulevard frontages. Applicant
proposes a 2' 6" setback along Mid Cities and no setback along Rufe Snow
Drive with screening shrubs along both street frontages. Applicant is also
requesting a variance from the recommended list of street trees and is
proposing ornamental trees (crepe myrtles).
Mr. Green advised the Planning & Zoning Commission recommended approval on June
19 by a vote of 6-0 with the following stipulations:
· include an elevation of the proposed monument signs on the site plan
· remove the reference on the site plan for an alternate sign location.
The applicant has submitted a revised site plan addressing the stipulations. Mr. Green
advised that staff has continued to work with the applicant since approval by the
Planning & Zoning Commission and included in the Council packet is a letter from their
engineer, Mr. Jackey Fluitt, addressing additional staff concerns. Mr. Fluitt's letter
advised they would replace the crepe myrtles along the street frontages with treeform
wax myrtles. They will also address the issue of the location of loading areas at the
rear of the building on the building elevations at the time building permit is requested.
Mr. Green advised staff recommends approval subject to the issues outlined in the
letter from Jackey Fluitt.
Mr. Dickerson answered questions from the Council.
Councilwoman Johnson advised she would like for the trees to be one-half crepe
myrtles and one-half treeform wax myrtles.
Councilman Welch requested the applicant to revise the C-1 references on the
documents to C-2.
Mayor Trevino called for anyone wishing to speak for or in opposition to the request to
come forward.
There being no one wishing to speak, Mayor Trevino closed the public hearing.
COUNCILWOMAN JOHNSON MOVED TO APPROVE PZ 2003-13 WITH 75% CREPE MYRTLES TO
25% TREEFORM WAX MYRTLES AND WITH REVISIONS AS NOTED IN JACKEY FLUITT'S LETTER.
MAYOR PRO TEM TOLBERT SECONDED THE MOTION.
City Council Minutes
July 14, 2003
Page 10
e
Motion to approve carried 7-0.
12.
PS 2003-29 CONSIDERATION OF A REQUEST FROM DICKERSON
DEVELOPMENT FOR THE APPROVAL OF THE FINAL PLAT OF LOTS 1-R & 2-R,
BLOCK 1 NORTH PARK PLAZA ADDITION LOCATED IN THE 6300 BLOCK OF
RUFE SNOW DRIVE (6.185 ACRES)
APPROVED
Mr. John Dickerson, applicant, presented request to change the boundaries between
the existing retail shopping center and the proposed Eckerds.
Mr. Dave Green, Zoning Administrator, presented staff recommendations and advised
that the Planning and Zoning Commission recommended approval on June 19 by a
vote of 6-0.
COUNCILMAN WELCH MOVED TO APPROVE PS 2003-29, FINAL PLAT OF LOTS 1-R AND 2-R,
BLOCK 1 NORTH PARK PLAZA ADDITION. COUNCILMAN WHITSON SECONDED THE MOTION.
. Motion to approve carried 7-0.
13.
SRB 2003-05 PUBLIC HEARING TO CONSIDER A VARIANCE REQUEST FROM
CHANDLER SIGNS, ON BEHALF OF BANK OF AMERICA, FROM ORDINANCE NO.
2640, SIGN REGULATIONS AT 8612 DAVIS BOULEVARD
APPROVED
Mayor Trevino opened the Public Hearing and called for applicant to present the
request.
A representative from Chandler Signs explained their request for four wall signs and
additional verbiage on four directional signs.
Mr. Dave Green, Zoning Administrator, advised the Sign Review Committee reviewed
the request and recommends:
· Wall signs on the front and the two sides of the building that are visible from Davis
Boulevard and Precinct Line Road. No wall sign to be permitted on the rear of the
building (side facing Target)
· Reduce the number of traffic control signs from four to two signs to be located on
e the interior of the site (location of signs N2 and N4). Signs proposed in the Davis
e
..
e
City Council Minutes
July 14, 2003
Page 11
Boulevard and Precinct Line rights-of-ways not be allowed. The committee was not
concerned with the verbiage but the number. Verbiage would be permitted similar to
illustration for sign N2.
Mayor Trevino called for anyone wishing to speak for or in opposition to the request to
come forward.
There being no one wishing to speak Mayor Trevino closed the Public Hearing.
COUNCILMAN WELCH MOVED TO APPROVE SRB 2003-05 SUBJECT TO THE REMOVAL OF THE
(EXTERIOR TRAFFIC CONTROL) SIGN OFF OF PRECINCT LINE AND THE (EXTERIOR TRAFFIC
CONTROL) SIGN OFF OF DAVIS BOULEVARD AND ELIMINATION OF THE (WALL) SIGN ON THE
BACK OF THE BUILDING WHICH FACES TARGET. MAYOR PRO TEM TOLBERT SECONDED THE
MOTION.
Motion to approve carried 7-0.
14.
GN 2003-073 APPOINTMENTS TO CIP COMMITTEE
APPROVED
Mayor Trevino advised he was recommending for appointment to the CIP Committee
Councilman Tim Welch to fill the vacancy by Councilman Lyle Welch. Other members
currently on the committee are Councilwoman Johnson, Mayor Pro Tem Tolbert and
the Mayor. Mayor Trevino advised he was also recommending the appointment of
Councilman Welch as Chair of the committee.
COUNCILMAN METTS MOVED TO APPROVE GN 2003-73 APPROVING THE MAYOR'S
RECOMMENDATION TO APPOINT COUNCILMAN TIM WELCH TO THE CIP COMMITTEE AND ALSO
AS CHAIR OF THE COMMITTEE. COUNCILWOMAN JOHNSON SECONDED THE MOTION.
Motion to approve carried 7-0.
15.
GN 2003-074 APPOINTMENTS TO BOARDS/COMMISSIONS
(PLACES 1, 3, 5 & 7 & EX OFFICIO)
APPROVED
Mayor Pro Tem Tolbert advised the individuals serving in Places 1 3, 5 and 7 on the
city's boards and commissions terms of office expired June 30 and the alternate
position on Keep NRH Beautiful Commission is vacant. The following nominations
have been submitted to the Council for consideration for appointment to the City's
·
..
e
boards and commissions:
City Council Minutes
July 14, 2003
Page 12
Keep North Richland Hills Beautiful Commission
Place 1 John Paraskevas
Place 3 Ruth Ann Smith
Place 5 Rhonda Dolan
Place 7 Holly Bullington
Alternate Doug Stamps
Board of Adjustment
Place 1
Place 3
Place 5
Place 7
Substandard Building Board
Place 1
Place 3
Place 5
Place 7
Library Board
Place 1
Place 3
Place 5
Place 7
Park and Recreation Board
Place 1
Place 3
Place 5
Place 7
term expires 6/30/2005
term expires 6/30/2005
term expires 6/30/2005
term expires 6/30/2005
term expires 6/30/2004
Leslie Jauregui
Jim Kemp
Tommy Duer
Chris Putnam
term expires 6/30/2005
term expires 6/30/2005
term expires 6/30/2005
term expires 6/30/2005
Garry Cope
Michael Dean
John Larriviere
Bob McCary
term expires 6/30/2005
term expires 6/30/2005
term expires 6/30/2005
term expires 6/30/2005
Polly Brinkley
Mary Shilcutt
Avis Crisp
Eva Pereira
term expires 6/30/2005
term expires 6/30/2005
term expires 6/30/2005
term expires 6/30/2005
Mark Haynes
Brad Greene
Marty Kusmierski
Virginia Stencel
term expires 6/30/2005
term expires 6/30/2005
term expires 6/30/2005
term expires 6/30/2005
Planning & Zoning Commission & Capital Improvement Advisory Committee
Place 3 Don Bowen term expires 6/30/2005
Place 7 Ken Sapp term expires 6/30/2005
Teen Court Advisory Board
Place 1
Place 3
Place 5
Place 7
Jennifer Martin
Ronald Moore
Cheri Walker
Steve Cooper
term expires 6/30/2004
term expires 6/30/2005
term expires 6/30/2005
term expires 6/30/2005
·
..
e
City Council Minutes
July 14, 2003
Page 13
Mayor Pro Tem Tolbert also advised that the Mayor was recommending the
appointment of Suzy Compton as Ex-officio member to the Planning & Zoning
Commission, term to expire 6/30/2004.
COUNCILWOMAN JOHNSON MOVED TO APPROVE GN 2003-074 AS PRESENTED WITH THE
EXCEPTION OF THE APPOINTMENT OF DOUG STAMPS AS ALTERNATE TO KEEP NRH BEAUTIFUL
COMMISSION. COUNCILMAN LEWIS SECONDED THE MOTION.
Councilwoman Johnson advised she would be recommending the appointment of Mr.
Stamps to Place 4 on the Teen Court Advisory Board at a future council meeting.
Motion to approve carried 7-0.
16.
GN 2003-075 APPOINTMENTS TO COUNCIL BOARDS
APPROVED
Ms. Patricia Hutson, City Secretary, informed council there are several boards in which
Council nominates and approves appointments. Council was advised they needed to
make appointments to the Animal Control Shelter Advisory Committee. The following
members are serving on the Animal Shelter Committee.
Place 1 - Licensed Veterinarian
Place 2 - City Official
Place 3- Employee of Animal Shelter
Dr. Jed Ford
Vacant
Don Sharp
term expired 6/30/2003
term expires 6/30/2004
term expired 6/30/2004
The recommendation is for council to reappoint the existing members to Places 1 and
3, term expiring 6/30/2005 and a member of Council to Place 2 to fill the unexpired
term.
COUNCIL NOMINATED COI,JNCILMAN SCOTT TURNAGE TO FILL THE POSITION OF PLACE 2, TERM
EXPIRING 6/30/2004 AND REAPPOINTMENT OF DR. JED FORD TO PLACE 1 (TERM EXPIRING
6/30/2005) AND DON SHARP TO PLACE 3 (TERM EXPIRING 6/30/2005).
Ms. Hutson advised that appointments to the Crime Control & Prevention District Board
are to be made by council. Council members need to be appointed to Places 1, 3, 5
and 6 with terms to expire 9/1/2004. Currently serving in these places are - Place 1
vacated by Lyle E. Welch; Place 3 - Councilman Turnage; Place 5 - Councilman Metts,
Jr; and Place 6 - Mayor Pro Tem Tolbert. Other Council members who are serving on
this board whose terms have not yet expired are Councilman Whitson, Place 2,
Councilwoman Johnson, Place 3, and Mayor Trevino, Place 7.
COUNCILMAN TOLBERT NOMINATED COUNCILMAN LEWIS TO PLACE 1, COUNCILMAN TURNAGE
TO PLACE 3, COUNCILMAN METTS TO PLACE 5 AND MAYOR PRO TEM TOLBERT TO PLACE 6.
·
..
e
City Council Minutes
July 14, 2003
Page 14
Ms. Hutson advised that appointments to Places 2, 4 and 6 on the Park and Recreation
Facilities Development Corporation are needed by Council. Places 2 and 4 are
designated for council member directors and Place 6 is designated for a citizen
member director. Currently serving in these positions are Place 2 - vacated by former
Councilmember Lyle E. Welch, Place 4 - Mayor Pro Tem Tolbert, and Place 6 - Citizen
Member Mack Garvin. Members serving on this board whose terms have not yet
expired are: Councilman Whitson, Place 1; Mayor Trevino, Place 3; Park Board
Member Janie McGuigan, Place 5; and Park Board Member Brad Greene, Place 7.
MAYOR PRO TEM TOLBERT NOMINATED COUNCILMAN LEWIS TO PLACE 2, MAYOR PRO TEM
TOLBERT TO PLACE 4, AND PARK BOARD MEMBER MARK HAYNES TO PLACE 6, TERMS
EXPIRING MAY 1, 2005.
Ms Hutson advised the ordinance creating the Construction Code of Appeals Board
states that appointments are recommended by City Staff and appointed by City Council.
Appointments to this board must meet the requirement of technical expertise in
construction fields. Staff is recommending the following appointments:
Place 1 - Joe Crane (Master Electrician)
Place 2 - Daron Gunter (Gunter Homes)
Place 3 - Bill Manning (Electrical Engineer)
Place 5 - Gary Rademacher (Architect)
Place 7 - W.O. McCarthy (Master Mechanical Contractor)
term expiring 6/30/2005
term expiring 6/30/2004
term expiring 6/30/2005
term expiring 6/30/2005
term expiring 6/30/2005
COUNCILMAN WHITSON MOVED TO APPROVE ALL NOMINATIONS AND RECOMMENDATIONS
PRESENTED. COUNCILMAN WELCH SECONDED THE MOTION.
Motion to approve carried 7-0.
17.
GN 2003-078 APPOINTMENTS TO CIVIL SERVICE COMMISSION
APPROVED
Mayor Trevino advised council he is recommending that the following be appointed to
the Civil Service Commission.
Place 1
Place 2
Place 3
Ex Officio
Sally Bustamante
Thomas Peterson
Bill Fenimore
Brent Barrow
term expiring 6/30/2004
term expiring 6/30/2004
term expiring 6/30/2005
term expiring 7/30/2004
COUNCILMAN TURNAGE MOVED TO APPOINT MAYOR TREVINO'S RECOMMENDATIONS.
COUNCILMAN LEW1S SECONDED THE MOTION.
City Council Minutes
July 14, 2003
Page 15
.
Motion to approve carried 7-0.
RECONSIDERATION OF ITEM NO.9
Mayor Trevino advised council the applicant for item nine (9) arrived and he
would consider a motion to reconsider PZ 2003-16.
Councilwoman Johnson moved to reconsider PZ 2003-16. Councilman Turnage
seconded the motion.
Motion to reconsider PZ 2003-16 passed 7-0.
9.
PZ 2003-16 PUBLIC HEARING TO CONSIDER A REQUEST FROM JAMES RIGSBY
FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-1-S" SPECIAL
SINGLE FAMILY RESIDENTIAL LOCATED AT 8929 RUMFIELD ROAD (1.00 ACRE)
- ORDINANCE NO. 2719
APPROVED
--
Mayor Trevino opened the public hearing.
Mr. James Rigsby, applicant, advised council he is seeking the zoning change so he
can build a house.
Mayor Trevino called for public comments. There being no one wishing to comment,
Mayor Trevino closed the public hearing.
Councilman Whitson asked Mr. Rigsby if he intended to keep animals.
Mr. Rigsby advised that he intended to keep animals.
COUNCILMAN LEWIS MOVED TO APPROVE ORDINANCE No. 2719, PZ 2003-16. COUNCILMAN
TURNAGE SECONDED THE MOTION.
Motion to approve carried 7-0.
18.
GN 2003-076 CONSIDERATION OF AMENDING COUNCIL RULES OF PROCEDURE
- RESOLUTION NO. 2003-055
Mr. Cunningham advised council this item was discussed at the June 23 Pre-Council
meeting to move the citizens' presentation section to the beginning of the meeting. In
. order to move the citizens' presentation it is necessary to amend the Council Rules of
.
,.
.
City Council Minutes
July 14, 2003
Page 16
Procedure. An amendment must be introduced into record by resolution with the actual
amendment to be approved by ordinance at the following council meeting. A
suggestion was made to include additional text and a revised draft ordinance was
prepared. The additional text is "presentations under citizens' comment are limited to
items within the subject matter of the jurisdiction of the city. Citizen comments
concerning matters, which are scheduled for consideration by the councilor another city
board or commission at a later date will not be allowed. Those would be considered at
the time they would come forward for discussion with counciL"
Mayor Pro Tem Tolbert would like to include the comment, "if all citizens can not be
heard in the twenty (20) minute time limit the remainder will then speak at the end of the
council meeting."
Mayor Pro Tem Tolbert asked if the verbiage where Mayor Trevino advises citizens of
guidelines to address council be included in the ordinance or would it be handled as a
matter of policy.
Mr. Cunningham advised council he would suggest it be handled as a matter of policy,
since the Mayor reads guidelines at the beginning of citizens' presentation.
Mayor Trevino reiterated that Councilman Lewis wanted to include comments in the
brochure.
Mayor Pro Tem Tolbert believes that citizens may not hear the guidelines.
City Attorney George Staples advised council there is not a requirement that there be
any public comment at any meeting.
Councilman Whitson asked if the public would be able to comment on an item listed on
the agenda even if it is not a public hearing.
Mr. Staples said the draft ordinance addresses his concern.
MAYOR PRO TEM TOLBERT MOVED TO CONSIDER THIS RESOLUTION AT THE NEXT MEETING.
COUNCILMAN LEWIS SECONDED THE MOTION.
Mr. Staples advised council for a clarification because he believed council wanted an
amendment.
Mayor Pro Tem Tolbert thought the ordinance said it would be placed on the next
council meeting for approval. He thought it meant that council could edit the ordinance
at that time.
Mr. Staples said council could edit ordinance at the meeting, but prefer council edit the
draft ordinance tonight.
"
'-
.
City Council Minutes
July 14, 2003
Page 17
MAYOR PRO TEM TOLBERT AMENDED HIS MOTION TO INCLUDE THE VERBIAGE THAT THE
MAYOR WILL ADVISE CITIZEN'S WISHING TO MAKE PRESENTATIONS AS TO THEIR RIGHTS,
RESPONSIBILITIES AND LIMITATIONS AND INCLUDE REVISIONS FROM STAFF, AND IF CITIZEN
PRESENTATIONS CAN NOT BE HEARD IN THE ALLOTTED TWENTY (20) MINUTES THAT THE
REMAINDER MAY BE HEARD AT THE END OF THE MEETING.
Councilman Lewis accepted the amendment.
Motion to approve carried 7-0.
19.
A) CITIZENS PRESENTATION
Ms. Renee Mosley, 7200 Hanging Cliff Place, advised the Council of a code
enforcement problem at 7204 Hanging Cliff. Ms. Mosely advised she was also
representing her neighbors. The problem has been brought to Code Enforcement's
attention, but has not been resolved. Ms. Mosley explained the back yard had not been
cut in over a year, a large trough in the back was harboring rodents, mosquitoes, etc
and the house was in disrepair.
Ms. Mosley was advised that the City Manager would have someone contact her to
discuss the problem.
B) INFORMATION AND REPORTS
Councilman Turnage made the following announcements.
We need volunteers for the Games of Texas, which is a competition among Texas'
Olympic hopefuls and recreational athletes. Participants range in age from four to
eighty-four! The events include over 18 sports including baseball, bowling, golf, tennis
and much more! This is a very prestigious event that North Richland Hills is proud to be
a participating member. If you would like to volunteer for this event, call our Recreation
Center at 817-427-6623 or email SharonDavisatsDAVIS@NRHTX.COM.
Yard of the Month nominations for July are due by July 20th. Call Environmental
Services to nominate your neighbor today! 817-427-6650.
ReQistration for Fall Recreation Classes begins on August 1st. You should be receiving
the next Time of Your Life brochure in the mail in the next couple weeks which will
outline the classes available.
Julv 18
Dive In Movie
NRH20 Water Park
Julv 19
Critter Connection
North Hills Mall
"
t
.-
.
City Council Minutes
July 14, 2003
Page 18
9:00 p.m.
10:00 a.m. - 6:00 p.m.
Kudos Korner
Every Council Meeting, we spotlight our employees for the great things they do.
Employees of the Animal Adoption and Rescue Center - An email was received from a
NRH resident expressing appreciation for the wonderful bobtailed Buford she received
for her birthday from her husband. The efforts everyone is making at the Center is so
touching. Having such caring city employees makes living in North Richland Hills a
source of pride.
20.
ADJOURNMENT
Mayor Trevino adjourned the meeting at 8:45 p.m.
ATTEST:
Oscar Trevino - Mayor
Patricia Hutson - City Secretary
{'" ~ ,... ,
, ~ .
CITY OF
NORTH RICH LAND HILLS
. Department: Public Works
Council Meeting Date: 7/28/03
Subject: Approve Abandonment ot Desiqnated Street Riqht-ot-Wav, Agenda Number: GN 2003-079_
Alley Right-ot-Way, Utility and Drainage Easements
Located in Home Town NRH West - Phase 2-
Ordinance No. 2724
Prior to the Home Town NRH West - Phase 2 development, several easements and
previously dedicated street rights-ot-way existed. The new Home Town development
utilized some ot the existing easements and street rights-ot-way, but needed to relocate
some existing utilities and realign some ot the existing street right-ot-way. This ordinance
identities tour easements and/or rights-ot-way which need to be abandoned. They are
summarized below.
Riqht-ot-Wav Abandonment (Exhibit "A")
The existing right-ot-way tor Amundson Drive south ot Mid-Cities Boulevard was
incorporated into the Home Town NRH West - Phase 2 development. A portion ot the
right-ot-way was used tor an alley. The remainder was platted as residential lots (Lots 15,
16, 17, Block N). Since there is no longer a need tor the right-ot-way the developer is
requesting that the right-ot-way be abandoned by the City.
Allev Riqht-ot-Wav Abandonment (Exhibit "B")
This alley right-ot-way on Winter park Drive was originally platted with the North Richland
Hills Town Center Phase I project. The property was replatted with Home Town NRH
West - Phase 2 and the alley is no longer needed. The developer is requesting that the
existing alley right-ot-way be abandoned by the City.
Easement Abandonment (Exhibit "C" & Exhibit "0")
Two drainage and utility easements are located in the recently platted Home Town NRH
West - Phase 2 and were identified by plat to be abandoned. There is no City ot North
Richland Hills intrastructure located in the easement. The construction ot this section ot
the Home Town development is nearing completion and lots are being sold. The
developer is requesting that this easement be abandoned at this time.
Recommendation: To approve Ordinance No. 2724.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds Ävallaole
Finance Director
Jt/~ ,t J Cl_t~
Départment Heaa Signature
Budget Director
Page 1 of _
, ..
.
ORDINANCE NO 2724
AN ORDINANCE ABANDONING A PORTION OF AMUNDSON DRIVE
AND AN ALLEY AND RELEASING AND AUTHORIZING EXECUTION
OF DOCUMENTS RELEASING UNNEEDED EASEMENTS LOCATED IN
HOME TOWN NORTH RICHLAND HILLS WEST, PHASE 2
SUBDIVISION.
WHEREAS, the drainage and utility easements and portion of Amundson Drive South of
Mid-Cities Boulevard and an alley located in Home Town North RicWand
Hills West, Phase 2 subdivision, are not required for any public purpose and
equivalent or greater amounts of land have been dedicated to the City within
such subdivision; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1:
THAT the portion of Amundson Drive described by metes and bounds and
map on Exhibit A hereto is hereby closed and abandoned.
Section 2:
THAT the portion of the alley described by metes and bounds and map on
Exhibit B hereto is hereby closed and abandoned,
.
Section 3:
THA T those portions of the drainage and utility easements described in
Exhibits C and D are hereby abandoned and the Mayor is authorized to
execute partial releases of such easements.
AND IT IS SO ORDAINED.
Passed on the 28th day of July, 2002.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
.
Ordinance No. 2724
Page 1 of2
C;\Documents and SettingslsmwphyILocal SettingslTemporary Intemet FileslOLK2CIStreet Abandon (Amundson).Ezmt Release.doc
.
Approved as to form and legality:
George A. Staples, Attorney
APPROVED AS TO CONTENT:
Department Head
.
.
Ordinance No. 2724
Page] of2
C:\Documents and SettingslsmurphyILocal SettingslTemporary Internet FilcsIOLK2C\Slrcct Abandon (Amundson).Ezmt Release.doc
-
.
LEGAL DESCRIPTION
EXHIBI T "A"
SHEET 1 OF 2
RIGHT-OF-WAY ABANDONMENT
BEING all that tract of land in the City of North Richland Hills, Tarrant County, Texas, a part of
the L.C. WALKER SURVEY, ABSTRACT No. 1652, and being a part of Amundson Drive (a variable
width right-of-way) as dedicated by the plat of Spring Oaks Estates, an addition to the City of
North Richland Hills as recorded in Cabinet A, Slide 1554, Tarrant County Plat Records, and being
further described as follows:
BEGINNING at a five-eighths inch iron rod found at the northwest corner of Lot 14, Block N,
North Richland Hills Town Center Addition Phase 1, an addition to the City of North Richland Hills
as recorded in Cabinet A, Slide 6464, Tarrant County Plat Records;
THENCE Northwesterly, 31.74 feet along a curve to the left, having a central angle of 02 degrees
18 minutes 12 seconds, a radius of 789.50 feet, a tangent of 15.87 feet, and whose chord
bears North 14 degrees 25 minutes 17 seconds West, 31.74 feet to a point for corner;
THENCE North 15 degrees 34 minutes 23 seconds West, 115.68 feet to a point for corner;
THENCE Northwesterly, 105.80 feet along a curve to the right, having a central angle of 07
degrees 28 minutes 44 seconds, a radius of 810.50 feet, a tangent of 52.97 feet, and whose
chord bears North 11 degrees 50 minutes 15 seconds West, 105.72 feet to a point for corner;
THENCE North 11 degrees 51 minutes 47 seconds West, 5.99 feet to a point for corner;
.CE South 88 degrees 22 minutes 32 seconds East, 45.56 feet to point for corner;
THENCE Southeasterly, 98.23 feet along a curve to the left, having a c'entral angle of 07 degrees
20 minutes 52 seconds, a radius of 766.00 feet, a tangent of 49.18 feet, and whose chord
bears South 11 degrees 53 minutes 57 seconds East, 98.17 feet to a point for corner;
THENCE South 15 degrees 34 minutes 23 seconds East, 115.73 feet to a point for corner;
THENCE Southeasterly, 29.44 feet along a curve to the right, having a central angle of 02
degrees 01 minutes 21 seconds, a radius of 834.00 feet, a tangent of 14.72 feet, and whose
chord bears South 14 degrees 33 minutes 42 seconds East. 29.44 feet to a point for corner in
the north line of said Lot 14;
THENCE South 71 degrees 30 minutes 18 seconds West, 44.69 feet along the north line of said
Lot 14 to the POINT OF BEGINNING and containing 11,185 square feet or 0.257 acres of land.
SCALE
1" = 50'
DR AWN:
RS
PROJECT:
AR404
.
rev.
04/16/03
.~
.-
.,-
-
.~
Jones & Boyd, Inc.
16800 Dallas Parkway, Suite 240
Dallas, Texas 75248
Tel: gn-248-7676
Fax: 972-248-1414
---
I .
.
14
13
()"iJg
~~:;o
QJZ:;o
. C)¡"f1 12
~ O()
~ -\
tf)~8
c.tf)"iJ
CJ ¡"f1' 0
¡"f1 tf) ~ \.::V
.->-\-\
(j\
-\
.;>¡"f1-T1
tf)
l
CURVE #
C1
C2
C3
C4
SCALE
1" = 50'
EXHIBIT "A"
SHEET 2 OF 2
RIGHT -OF - WAY ABANDONMENT
L3
LINE
L1
L2
L3
L4
LS
. .
.' ',' '" ,,' "
.,' ',' .,' ..' .
ONLY SHADED AREA
TO BE ABANDONED
LINE TABLE
BEARING
N1S'34'23"W
N11'S1' 47"W
S88'22'32"E
S1S'34'23"E
S71'30'18"W
DISTANCE
115.68'
S.99'
4S.S6'
115.73'
44.69'
RAMCO REALTY, INC.
TRACT 5
VOL. 14702, PG. 376
LOT 14, BLOCK N
NORTH RICHLAND HILLS
TOWN CENTER ADDITION PHASE 1
CAB. A, SLIDE 6464
11
CURVE TABLE
LENGTH RADIUS TANGENT
31. 74' 789.S0' 1S.87'
10S.80' 810.S0' S2.97'
98.23' 766.00' 49.18'
29.44' 834.00' 14.72'
CHORD BEARING
N14'2S'17"W
N11'SO'1S"W
S11"S3'S7"E
S14"33' 42"E
DELTA
02'18'12"
07"28' 44"
07"20'S2"
02'01'21 "
DRAWN:
RS
PROJECT:
AR404
DATE:
rev.
04/16/03
ΕΎ
~ ~
o~ CJ ~
:;o~:;o
. ~-a
~ ~
~ l'
CHORD
31.74'
1 OS. 72'
98.17'
29.44'
mfI Jones & Boyd, Inc.
lAM 16800 Dallas Parkway, Suile 240
: ~.... Danas, Texas 75248
. =. Tel: 972-248-1616
. _ Fax: 972-248-1414
EXHIBIT "B"
SHEET 1 OF 2
.. RIGHT-:-OF-WAY ABANDONMENT
LEGAL - DESC-RIPiið'N~-
~~ ~
BEING all that tract of land in the City of North Richland Hills, Tarrant County, Texas, a
part of the L.C. WALKER SURVEY, ABSTRACT No. 1652, and being a part of 15 foot wide
alley right-of-way as dedicated by the plat of North Richland Hills Town Center Addition
Phase 1, an addition to the City of North Richland Hills as recorded in Cabinet A, Slide
6464, Tarrant County Plat Records and being further described as follows:
COMMENCING at a one-half inch iron rod found for corner in the north line of said Phase 1,
said point being the intersection of the east line of Winter Park Drive (a 60 foot
right-of-way) with the north line of Beetle Nut Lane (a 50 foot right-of-way);
THENCE along the east line of Winter Park Drive as follows:
North 18 degrees 29 minutes 42 seconds West, 112.16 feet to a point for corner
and the POINT OF BEGINNING of this tract of land;
North 18 degrees 29 minutes 42 seconds West, 15.00 feet to a point for corner;
THENCE North 72 degrees 15 minutes 36 seconds East, 20.00 feet to a point for corner;
THENCE South 18 degrees 29 minutes 42 seconds East, 15.00 feet to a point for corner;
THENCE South 72 degrees 15 minutes 36 seconds West, 20.00 feet to the POINT OF
BEGINNING and containing 300 square feet or 0.007 acres of land.
.
.
SCALE
1 II _ 40'
DRAWN:
RS
PROJECT:
AR404
DATE:
6/20/02
IWfI Jones & Boyd, Inc..
IIJM 16800 Dallas Parkway, Suite 240
: :::'" Dallas, Texas 75248
. = Tel:972-248-7S76
. ..... Fax: 972-248-1414 _ ";,
...;~\ -,':" --;:~ :.~~~
.
.
LINE
L1
L2
L3
L4
L5
EXHIBIT "B"
SHEET 2 OF 2
RIGHT-OF-WAY ABANDONMENT
14
~
.-\
Só
-0
~
?'
o
'8
¿
\'1Î
13
BLOCK N
RAMCO REALTY, INC.
TRACT 5
VOL. 14702, PG. 376
NORTH RICHLAND HILLS
OWN CENTER ADDITION PHASE 1
CAB. A, SLIDE 6464
12
LINE TABLE
BEARING
N18°29'42"W
N18°29' 42"W
N72°15'36"E
S18°29' 42"E
S72°15'36"W
DISTANCE
112.16'
15.00'
20.00'
15.00'
20.00'
SCALE
1 JJ = 40'
DRAWN:
RS
PROJECT:
AR404
DATE:
IWfI Jones & Boyd, Inc.
IJM 16800 Dallas Parkway, Suite 240
: ~.. Dallas, Texas 75248
° =. Tel: 972-248-7676
° ~ Fax: 972-248-1414
rev.
04/16/03
.
LEGAL DESCRIPTION
EXHIBIT "C"
SHEET 1 OF 2
EASEMENT ABANDONMENT
BEING all that tract of land in the City of North Richland Hills, Tarrant County, Texas, a part of
the L.C. WALKER SURVEY, ABSTRACT No. 1652, and being a part of a tract of land described as
Tract 5, conveyed to Ramco Realty, Inc. as recorded in Volume 14702, Page 376, Tarrant County
Deed Records, a part of a 30 foot wide easement granted to the City of North Richland Hills as
recorded in Volume 6733, Page 2121, and being further described as follows:
COMMENCING at a one inch iron rod found for corner at a southwest corner of said Tract 5, said
point being the northwest corner of a tract of land described as Tract 1, conveyed to Texas
Electric Service Company as recorded in Volume 2844, Page 281, Tarrant County Deed Records,
said point being the southeast corner of Newman Drive, a 60 foot wide street dedication as
shown on the Final Plat of Holiday East Mobile Home Park, an addition to the City of North
Richland Hills as recorded in Volume 388-67, Page 31, Tarrant County Plat Records;
THENCE South 87 degrees 33 minutes 20 seconds East, 1510.60 feet along the common line of
said Tract 5 and of said Tract 1 to a one-half inch iron rod found for corner;
THENCE North 16 degrees 28 minutes 03 seconds East, 453.23 feet to a point for corner at the
POINT OF BEGINNING of this tract of land, said point being in the south line of said easement;
THENCE North 89 degrees 54 minutes 15 seconds West, 853.89 feet to the southwest corner of
said easement;
_NCE North 00 degrees 05 minutes 45 seconds East, 30.00 feet to the northwest corner of
s ä easement;
THENCE South 89 degrees 54 minutes 15 seconds East, 862.27 feet to a point for corner in the
north line of said easement;
THENCE Southwesterly, 8.60 feet along a curve to the right having a central angle of 00 degrees
16 minutes 21 seconds, a radius of 1809.24 feet, a tangent of 4.30 feet, whose chord bears
South 13 degrees 42 minutes 48 seconds West, 8.60 feet to a point for corner;
THENCE South 16 degrees 28 minutes 03 seconds West, 22.55 feet to the POINT OF BEGINNING
and containing 25,747 square feet or 0.591 acres of land.
.
SCALE
1" = 200'
DRA WN:
RS
PROJECT:
AR404
DATE:
rev.
04/16/03
.~
. .....
.,-
-
.~
Jones & Boyd, Inc.
16800 Dallas Parkway, Suite 240
Dallas, Texas 75248
Tel: 972-243-7676
Fax: 972-243-1414
. r
.
.
.
EXHIBIT "C"
SHEET 2 OF 2
EASEMENT ABANDONMENT
3=
n.
010
. 10
co·
NN
~ N~
. . . . >.'" I
';-o~o;>o
5'I~C"!~~~
<ocom~~co
:-IIOcoll'è-.lll
0.....1 r-~-ci
..!h íï i-,.c
a:: ......ü
(/)
II
ÓI
...
Q)
-ci
.c
Ü
N'!,)
t{).t{)
IDID
~ ~
I. I
«
~~ :1 ~~
. N· (j)
~~I :1' ~~
co co : (T) a:¡
.. co
(/) 1::1 Z' ~§
IJ ~~
IU ~~~
i¡P : ~~:
--1:.[--:- 0::: _'-oJ 0....
.... 0 "0
i::¡ . Zwr0
LJ . u...Ü~
. o<tO
Z
>-<C-Í
~o:::o
uo>
~
10.
~o
. 0
10 .
po
01")
o
Z
(NEWMAN DRIVE)
60' R.O. W. DEDICATED BY PLAT
RECORDED IN VOL. 388-67, PG. 31
SCALE
1" = 200'
DRAWN:
RS
A/76-
'28'03"
45 t
3.23'
U
Z
to
J'..
I")
>-='lOcj
r- 0....
<i! I- -
wUN
0:::«0
O:::J'..
ol-~
U ..-
::ï: .
« ....J
a:: ~
I.&..
Q;;
.
....
HOUDA Y EAST MOBILE HOME PARK
VOL. 388-67. PG. 31
PROJECT:
AR404
DATE:
rev.
04/16/03
w
'0'0
C\I(C)
'ho
1")......
j-...1l1
C()
(/)
H.DlON
I.&..
Q;;
ci
U
w ..-
U co
'5 N
0::: .
bj..-~
I-
S2u.ç
O:::«~
1-0::: co
~I-N
....J .
W ....J
o
(f) >
«
x
w
I-
.
u
o
0....
IfiIiI Jones & Boyd, Inc.
~ 16800 Dallas Parkway, Suite 240
:::", Dallas, Texas 75248
. = Tel: 972·248-7676
. ~ Fax: 972-248-1414
~~
..J
.
.
.
EXHIBIT "c"
(])
PARTIAL RELEASE OF EASEMENT
STATE OF TEXAS
§
§
§
COUNTY OF TARRANT
The City of North Richland Hills, a municipal corporation of Tarrant County, Texas, hereby
releases all its right, title, and interest in and to a portion of a 30 foot wide Drainage and Utility
Easement described in Volume 6733, Page 2121, Tarrant County Deed Records and further
described on attached Exhibit "A".
SIGNED this _ day of
, 2003.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary --
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, Attorney
H.^J'rojeclllAll_W~_ (I) - PoniU..-Ε:doc
1
-::
.
.
.
EXHIBIT "C"
ACKNOWLEDGEMENT
STATE OF TEXAS
§
§
§
COUNTY OF TARRANT
This instrument was acknowledged before me on this date by Oscar Trevino, Mayor of the
City of North Richland Hills, a Texas municipality, who acknowledged to me that he executed same
for the purposes and consideration, and in the capacity therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of
, 2003.
Notary Public in and for
The State of Texas
ACKNOWLEDGEMENT
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on this date by Patricia Hutson, City
Secretary for the City of North RichIand Hills, a Texas municipality, who acknowledged to me that
she executed same for the purposes and consideration, and in the capacity therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of
, 2003.
Notary Public in and for
The State of Texas
H;\PrajcUWl_W~(t). PanioI ReJ.oe oldoc
2
,
@
EXHIBIT "0"
M /,V(~ 2/, 6b
. PARTIAL RELEASE OF EASEMENT
.
.
STATE OF TEXAS §
§
COUNTY OF TARRANT §
The City of North Richland Hills, a municipal corporation of Tarrant County, Texas, hereby
releases all its right, title, and interest in and to a portion ofa 15 foot Utility and Drainage Easement
described in Volume 5624, Page 27, Tarrant County Deed Records and a portion of a 15 foot
Sanitary Sewer Easement described in Volume 3913, Page 542, Tarrant County Deed Records and
further described on attached Exhibit "A".
SIGNED this _ day of
,2003.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A Staples, Attorney
H;\Proj_\AJl.404\WordI&oem- (2) - PIrtiaIIloJeue of:doc
1
:::.;;.~~<-
.
.
.
~
EXHIBIT "0"
ACKNOWLEDGEMENT
STATE OF TEXAS
§
§
§
COUNTY OF TARRANT
This instrument was acknowledged before me on this date by Oscar Trevino, Mayor of the
City of North Richland Hills, a Texas municipality, who acknowledged to me that he executed same
for the purposes and consideration, and in the capacity therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of
, 2003.
Notary Public in and for
The State of Texas
ACKNOWLEDGEMENT
STATE OF TEXAS
§
§
§
COUNTY OF TARRANT
This instrument was acknowledged before me on this date by Patricia Hutson, City
Secretary for the City of North Richland Hills, a Texas municipality, who acknowledged to me that
she executed same for the purposes and consideration, and in the capacity therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of
,2003.
Notary Public in and for
The State of Texas
R:\ProjectS\All404\WanllEaemlllt ('Z). PIttiaI Rea. ol.doc
2
~,- .-_.
.
LEGAL DESCRIPTION
EXHIBIT "0"
SHEET 1 OF 2
EASEMENT ABANDONMENT
BEING all that tract of land in the City of North Richland Hills, Tarrant County, Texas, a part of
the L.C. WALKER SURVEY, ABSTRACT No. 1652, a part of the L.C. WALKER SURVEY, ABSTRACT
No. 1653, and being a part of a tract of land described as Tract 5, conveyed to Ramco Realty,
Inc. as recorded in Volume 14702, Page 376, Tarrant County Deed Records, a part of a 15 foot
wide easement granted to Tarrant County Water Supply Corp. as recorded in Volume 3913, Page
542, Tarrant County Deed Records, a part of a 15 foot wide easement granted to the City of
North Richland Hills as recorded in Volume 5624, Page 27, Tarrant County Deed Records, and
being further described as follows:
COMMENCING at a one inch iron rod found for corner at a southwest corner of said Tract 5, said
point being the northwest corner of a tract of land described as Tract 1, conveyed to Texas
Electric Service Company as recorded in Volume 2844, Page 281, Tarrant County Deed Records,
said point being the southeast corner of Newman Drive, a 60 foot wide street dedication as
shown on the Final Plat of Holiday East Mobile Home Park, an addition to the City of North
Richland Hills as recorded in Volume 388-67, Page 31, Tarrant County Plat Records;
THENCE South 87 degrees 33 minutes 20 seconds East. 763.64 feet along the common line of
said Tract 5 and of said Tract 1 to a point for corner at the POINT OF BEGINNING of this tract
of land;
THENCE North 00 degrees 14 minutes 15 seconds West, 409.55 feet to a point for corner at the
Ihwest corner of said Tarrant County Water Supply Corp. easement;
NCE North 89 degrees 45 minutes 45 seconds East, 30.00 feet to a point for corner at the
northeast corner of said City of North Richland Hills easement;
THENCE South 00 degrees 14 minutes 15 seconds East, 410.95 feet to a point for corner in a
south line of said Tract 5, said point being in the north line of said Tract 1;
THENCE North 87 degrees 33 minutes 20 seconds West, 30.04 feet along the common line of
said Tract 5 and of said Tract 1 to the POINT OF BEGINNING and containing 12,307 square feet
or 0.283 acres of land.
.
SCALE
1" = 1 00'
DRAWN:
RS
PROJECT:
AR404
DATE:
rev.
04/16/03
. ...-
. """""
..-
-
.-
Jones & Boyd, Inc.
16800 Dallas Parkway, Suite 240
Dallas, Texas 75248
Tel: 9n-248-7676
Fax: 972·248-1414
r~
.
.
LINE
L1
L2
L3
I
o
c
o
»
<-<
?2rT1
.»
c..,.¡U>
(XI--i
(XIs:
10
O'>CIJ
-....1-
- ,
ìJrT1
C)I
'0
c..,.¡S:
-"rT1
ìJ
»
:;0
^
:;0
rT10'>
°0
o -
;;0
0:;0
rT1'
09,......."
_:Ez
z' rT1
0:E
<rT1S:
00»
\OZ
c..,.¡» 0
co~:;o
coo-
I ~
0'> CIJ ........,
:--1-<
ì]ìJ
C)'
.»
--i
c..,.¡
-"
LINE TABLE
BEARING
S87"33'20"E
NOO·14'15"W
N89·45' 45"E
SOO·14'15"E
N87"33'20"W
SCALE
1" = 100'
L3
TARRANT COUNTY WATER SUPPLY CORP. I::}:::j
15' SANITARY SEWER EASEMENT ....&...
VOL. 3913, PG. 542 ~.-:-:::
. . . . . . . . . . . . . . I'"
. '1"
CITY OF NORTH RICHLAND HILLS JJ:::t--
15' UTILITY & DRAINAGE EASEMENT ¡::::~I":-: :-:1
VOL. 5624, PG. 27 >:k~
\.:.:1.:-:-1 L4
L2 .. ..
1·:·:·:·:·\
\:):j
\/\::::1
\:)::::\
(\1
~ l.!5
~III
II I
J-U
1" IRF
EXHIBIT "0"
SHEET 2 OF 2
EASEMENT ABANDONMENT
RAMCO REALTY, INC.
TRACT 5
VOL. 14702, PG. 376
L1
TEXAS ELECTRIC SERVICE CO.
TRACT 1
VOL. 2844, PG. 281
DISTANCE
763.64'
409.55'
30.00'
410.95'
30.04'
DRAWN:
RS
PROJECT:
AR404
DATE:
. . . . .
A-1652
. . . . . . .
A-1653
IR"fI Jones & Boyd, Inc.
~ 16800 Dallas Parkway, Suite 240
: ~... Dallas, Texas 75248
. =. Tel: 9n-248-7676
. _ Fax: 9n-248-1414
;C-:$::':'~~"~'
.- .--~._--
"
CITY OF
NORTH RICHLAND HILLS
Department: Parks and Recreation
Council Meeting Date: 7/28/03
Subject: Approve Amendment #1 to the Local Project Advance Agenda Number: GN 2003-080
Funding Agreement with TxDOT - Authorizing the City of North
Richland Hills to Locally Let and Manage the South Electric Trail
Project and Approve Resolution No. 2003-062
The plans for South Electric Trail are currently 60% complete, and construction is scheduled
to begin in April of 2004. In an effort to save money, staff has requested a supplemental
agreement to the previously approved Local Project Advance Funding Agreement(LPAFA)
from TxDOT to allow the City of North Richland Hills to locally let and manage the
construction of South Electric Trail.
Typically, projects under $1,000,000 incur a 14.5% charge imposed by TxDOT for the
management of the letting and construction of the project. With the CMAQ grant for the
South Electric Trail project totaling $750,000, a 14.5% fee would result in a payment of
$108,750 to TxDOT. Local management of the project will reduce this percentage by 12.5%.
The City's portion of the grant is 21%. Though the City would directly realize only $19,688 in
actual cost savings, considering our share of the grant, the City would lose $93,750 of trail
and trail amenities if TxDOT were to manage the project. Local management will maximize
grant funds resulting in a more successful trail project.
Recommendation:
To approve Amendment #1 to the Local Project Advance Funding Agreement with TxDOT
authorizing the City of North Richland Hills to locally let and manage the South Electric Trail
Project and approve Resolution No. 2003-062 authorizing the City Manager to execute the
Amendment.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds Avai a e
~~~ <---JIJ
- . .1\./....~
epartment Head Signature
Budget Director
Finance Director
Page 1 of 1
. -
.
.
.
RESOLUTION No. 2003-062
BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH
RICHlAND HillS, TEXAS, that:
The City Manager is hereby authorized to execute Amendment #1 to the Advance
Funding Agreement with TxDOT, authorizing the City of North Richland Hills to locally
let and manage the South Electric Trail Project, as act and deed of the City.
PASSED AND APPROVED this 28th day of July 2003.
APPROVED:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George Staples, City Attorney
APPROVED AS TO CONTENT:
\_~
~.~-
Jim Browne, Director of Parks & Recreation
· ",-
;
CITY OF
NORTH RICHLAND HILLS
Department: Finance / Public Works Council Meeting Date: 7/28/2003
Subject: Award Annual Contract for Miscellaneous Concrete Agenda Number: PU 2003-036
Improvements - Resolution No. 2003-060
In the 2002/2003 approved budget, Council appropriated funds for miscellaneous concrete
improvements. Formal bids were solicited for an annual contract to provide these services
and the results are attached.
Bidders were requested to submit bids on removing and replacing estimated quantities of
valley gutters, sidewalks, handicap ramps, curb and gutter and driveway approaches. The
work will be ordered and completed on an as needed basis.
Gold Star Concrete was the low bidder meeting the specifications and general conditions
of the bid. Five references were contacted for Gold Star Concrete. The references
contacted confirmed the company had performed and completed concrete improvements
of the type requested in the bid specifications. Staff held a meeting with the company to
ensure they understood the scope of the contract and the City procedures regarding the
work to be completed. Gold Star confirmed they could complete the work for the prices
submitted.
Recommendation: To award the contract for miscellaneous concrete improvements to
Gold Star Concrete and pass Resolution No. 2003-060 authorizing the City Manager to
execute the agreement.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
315-6003-603.43-45
Account Number 001-6003-553 43-45
Sufficient Fund Available .
Budget Director
- ~
)4,;l. Gt.- ~ ~
Decartment Head SI nature
Finance Director
Pace 1 of 2
(/)
'-
(I)
32
"""') c:
oð ''::;
"""')
·
·
·
>.(/)
.:::t:. '-
(/) (I)
(I);g
::J ::J
ëõCD
<i §
O$.
W~
c:
-0 .2
,-13
ro ::J
~~
I §
o
(I)
:0 c:
.~ '>
ã) ro
a:: a..
c:
o
~
ro ::J
o '-
000
c:
o
o
(/)
'-
ro 0
0'-13
w ~ ~
a::(I)'E
C) 0
o
.(/) (I)
roQ)
'- '-
ro U
..c c:
'- 0
Æo
- .._--.-.._-~.__..-.,~..- --..
ro Q)
U5~
-0 g
o 0
C)o
(/)
'E
Q),
E
(I)
>
0'
'-
0..;
.s
Q)
-
Q)
'-
ur
o
o
~CD
0"-
Q)"-
c:~
~C')
ã)o
u'*t
(/)-0
~ii5
z
o
~
a..
æ
o
(f);
W
o
x .
a..ç
Q..a
<C
(f)
o
I!')
I"-
M
. ..-
EJ?
o '0
o 0
I!') CD,
N Ñ
EJ? ~EJ?
..-
iN
:0>
r-:'
iN
'EJ?
co---i~-;- 0;--
-.::t :1"-
C') ,C')
lI'i , Ô
EJ? ..-
EJ?
o
o
'0
Ô
N
EJ?
o
o
I!')
r-:
..- '
EJ? ~
L __.
o
o
I!')
..¡
..-
EJ?
o
o
o
CD
, ..-
'EJ?
I!')
N
CD
lI'i,
..-
! f:ß-
o
I!')
I"-
M
..- '
EJ?'
10
10'
.C')
¡~
'EJ?
o
o
o.
C')
EJ?
o
o
o.
-.::t
EJ?
o
I!')
N.
C')
EJ?
I!')
N
CD.
N
EJ?
o
o
o.
N
EJ?
o
o
CD.
..-
EJ?
i L() :
'I"-
lco
, .,
1..-
IEJ?
I
I
.~
-0
(I)
U
'-
.E
'c:
'CD
'-
u.
(f)
,0
o
'I!')
o
o
o
~Ñ
I!')
EJ?
0>
I!')
I!')
I!')
-.::t
..-
'EJ?
o
o
o
o
N
..-
EJ?
~6 ~--~o-
o :0
co 0
..¡ <D
EJ? 0>
EJ?
o
o
-.::t
Ñ
'EJ?
o
o
o
M
EJ?
o
o
o.
CD
I"-
EJ?
o
o
-.::t.
C')
CD
EJ?
I!')
I"-
C')
..-
EJ?
I!')
..-
I!')
CD
EJ?
o
o
I!')
..-
EJ?
o
I!')
N.
CD
EJ?
o
I!')
I"-
-.:t
EJ?
o
o
o.
C')
EJ?
o
o
I!')
..-
EJ?
I!')
I"-
C')
..-
EJ?
co .
C')
0>
EJ?
o
o
0>.
0>
EJ?
o
I!')
I"-
EJ?
o
o
o
C')
EJ?
o
o
o.
N
CD
EJ?
co
co
1"-.
-.:t
C')
EJ?
o
..-
0>.
N
EJ?
o
.0'
'CD
M
,EJ?
o
o
N
C')
CD
EJ?
o
o
co
o
..-
EJ?
o
o
I!')
N
EJ?
o
N
C')
..-
EJ?
o
o
o.
0>
EJ?
o
o
I!')
N
EJ?
o
-.:t
N.
N
..-
EJ?
o
o
o.
N
fJ7
o
o
N
CD
..-
EJ?
o
o
0)
EJ?
o
CD
-.:t.
co
EJ?
o
N
-.:t
EJ?
o
o
0).
0>
'EJ?
o
I!')
N.
..-
EJ?
o
-.:t
CD
'<D
i-.:t
¡EJ?
,
-~-_._-~---------------~~~.
I
CD
..-
-.:t.
I"-
EJ?
C')
co
I!')
EJ?
, 0..,
IE
I ~!
i 0..,
lro
.5:2
t-g !
:ro
'.c
. ..c
'-
::J
U
Q)
Q)
'-
U
c:
o
U
.Q)
it.)
, ro·
,_.
0..:
Q)
'-
-0 -0
c: c:
ro '- ro
(I) ~ Q)
>::J, >
i = 0 C)i 0
¡2 E -0 E
'Ë &. æ :&.
-~--r-:--~- -------
ro
Q)
-.:t
U.
...J
'0
'0
O.
-.::t
Q)
:§
3=
o
c¡::
>.
ro
3=
(I)
>
.::
-0
Q)
U
~
0..:
(I)
'-
u.
(f)
o
I!')
N
>.
ro
3=
Q)
>
,.~
-0
Q)
U
ro
ëi.:
Q)
'-
'-0
c:,
ro
Q)
>,
0,
E
, Q)'
a::
Q)
~
(/)
(/)
Q)
U
Q)
'-
Q)
U
ro
ëi.
Q)
'-
-0 c:
c: '-
ro ::J
Q)Q)
> '-
o 0
E,
Q)''-
a:: ~
u.
(f)
o
o
, CO.
..- '
In
....
cq,
N
to
W
~
~
-.::t
M
M
N:
w'
o
o
N
Ô
CD
~
W
o
In
o.
o
-.::t
~
w
U.
...J
o
I!')
-0'_ : (/)
Æ. ~ I Q)
~U U
':Q roo c: _I c:
::JOiUQ) Q)
'CD 0-: U 1 '~I (¡)
: .!!1 0' e-
. Oizlo..!~
.-.-. -, -- -~,---,-~_..-¡------:--
:-----;-- ,--
o
-.::t
....
In
.....
.....
w
In
N
.....
M
o
~
w'
___'_______ ---..,.. .-..--.,.,----0-------
In
o
to
-.::t.
en
w
In
en
In.
N
en
w
iN
In
III
~
....
w'
¡-----;----
. ¡
, i :
.--~~~--;-~I-----
,
..J
<C
I-
0,
'I-
L
·
RESOLUTION NO. 2003-060
BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that:
1.
The City Manager is hereby authorized to execute the contract with Gold Star Concrete for
the Miscellaneous Concrete Improvements, Bid #03-1116 as the act and deed of the City.
PASSED AND APPROVED this 28th day of July, 2003.
APPROVED:
Oscar Trevino
Mayor
ATTEST:
· Patricia Hutson, City Secretary
·
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
APPROVED AS TO CONTENT:
CITY OF
NORTH RICHLAND HILLS
.
Department: Public Works
Council Meeting Date: 7/28/03
Subject: Approve AQreement with Pinnacle ConsultinQ Agenda Number: PW 2003-009
Management Group, Inc. for Right-of-Way Acquisition
on Rufe Snow Drive (Highlawn Terrace to Ridgetop Drive)
This section of Rufe Snow Drive begins at Highlawn Terrace and ends at Ridgetop Drive. The project
consists of reconstructing this section of Rufe Snow Drive to its existing width with new concrete
pavement. Even though this is not a widening project, right-of-way is needed at the corners of all
intersecting streets (corner clips) for the proper construction of curb ramps. In addition to 54 corner
clips, 1 parcel consisting approximately of a 3-foot strip is needed for the construction of the proposed
sidewalk across one property.
Since federal grant funds have been approved for this project all right-of-way work will need to be
done in accordance to State and Federal procedures.
Proposals have been received from six companies for the right-of-way work required. The lowest
three fees are shown below:
1. Pinnacle Consulting Management Group, Inc. ............... $67,000
2. Blue Moon Acquisitions................................................. $71,000
3. Mactec. .......... ............. ..... ........... ....................... ............ $105,772
The agreement will include the following services.
· Appraisal services (including review appraisals).
· Initial contact with property owners (per State and Federal guidelines).
· Mortgage/Lien releases.
· Recording of conveyances.
Pinnacle Consulting Management Group, Inc. has done work for the City and is familiar with the City's
policies and procedures as well as the State and Federal guidelines. Staff recommends Pinnacle
Consulting Management Group, Inc. because of their low price and previous successful project with
the City.
The City Attorney has reviewed and approved the agreement.
Sufficient funds have been budgeted in the 2002-2003 Capital Projects Budget for this project.
Recommendation: To approve the agreement with Pinnacle Consulting Management Group, Inc. for
right-of-way acquisitions on Rufe Snow Drive.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number 20-02-07-6000
Sufficient Funds AVäiläbl~ 32ð-OOOO-ðð3. ¡9-oo
~.~-~ ~~.,
Departmen ~ea Ε igna ure
GJ
Finance Director
GIS No: flunu-0178-Q20315 AML: alp map.aml PLOT: rufa ,"ow rldg.top-hlghlawn '.p' AND/OR.rtI
.
Scala: 1· .. 1000'
..
GIS Ik ..,,_--- _lie: CIP STREETS
t+fì~
..~-""'_IG ~GD-""'-IG-<z
I.~_. ..J..:.I
t¡ NOIIQII't-l(U.ow-\JI-~1h
L ,¢ I ~~
.:~-~ L:JJ-\JI~08
. ~ i
ClI[ElHEN'-(JI CIIEÐ4-LiN'-(JI
I "?ot;JG
!ØnH-P_-IJ'-~ --~
n ~,(JI-i \ !
f::j :~ w
~ -(JIj I~
0' SH,RNES-RÐ
;'-." \ \:
z 11
~ ('\.$ N$RTH
i ~ ;
~-.,. 1 RICHLAND
-f~~_IG___\---\~i-liIIJGETO'-1G H lL LS
- ~ ~ \_ _ .J H*QG'o.n-
~~I r--
1._ -~i "oj_ct Loc.tio.
HIG TOWER I R!-
l'eWER-!3R
\
<.J,
"·,,·.w.·..·.,..,, ,. .
v
!ØnH-P_-(JI
F~.l \
p~.1
Rufe Snow Dr.
(Urban Street
Program TxDOT)
Ridgetop Rd. to
High Lawn Ter.
I \
_-1M ~-tIII
Rule Snow Dr..
(Urban Street
Program TxDOn
~ Ridgetop Rd. to
High Lawn Ter.
N
E
s
D.partmant of Inforlllatlon Servle.. - G,oGraphla Informatlaa Sy.t.... IGI&I
36
.
.
: .-3
..
.. :~:./._~
~'~.~<': '
,:..~~:.:~.
'"'
.~._~~-
,'~~~;-":1~~~;~ .,;,<
:.. :",:"j~ '~'.O;,?,~-~r~"· .:. ..'"
PINNAcLE
coNlULnNG MANAGI!MI!N1' GROUP. INC.
. ....., ./'-:. ;'"
0"
. .
July 14, 2003
Tt2nSØÙtted By Fax:'(817) 427-6404
Mr. Lance J. Barton, P.E.
Assistant Director of Public Works
City of North Ricbl3nd Hills
7301 :N. E. Loop 820
North Richland thUs, Texas 76180
RE: Ri&ht of Way AcquisitioD - Rure Snow Drive Project
Dear Mr. Barton:
Please find attached the tCVÎscd Agreement for your review adding the items requested by the City Attorney.
We added that ~ccs will be provided in accordance with tèderal and state g\lidelines, that the appraisers al"C
state certified and approved by the Texas Department of Tnosportation and thè specific clause relating to
enforcement in Tarrant County. Also, we bave induded in our fee proposal the cost for appraisal rc:vicw for
one parcel based on our conversation last week with Mike Curtis. Mr. Curtis was concerned that should there
be a need for more appraisals that the contract amount was not adequate. Based on our mitial convt.'fsaUon
with you and review of the project by two (2) appraisers, we feel that appraisal sCf'JÌces for one parcel is
comct. This change increases our fee by $400.00 to $67.000.00, outlined as follows:
Appraisal Services (1 parcel)
Appraisal Review services (1 parcel)
Negotiation! Acquisition Services
S 1,200.00 per-parcel
S 1,200.00 x S4 parcels
S 1,800.00·
S 400.00·
$64,800.00
TOTAL
$67,000.00
. Bas~d on the nud for ont: appraisal and one rmøw appraisal. SholÚd addiiiuna/ appraisals o.nd
review apprQÌ$o.Zs be required. we will p1'esent the additional CO$I$ to ths CiI)I 01'1 a per parcel basis.
All fees for title services and recording documents will be processed as a pass through expense (ac;tual costs)
to the City.
Please let us know if any further changes are leqUired prior to ~ftA1;7il'1g the Agreement We look forward to
wotking with the City on this projecL
Sincerely,
THE PINNACLE GROUP
~~0an-iS~
Jennifer Harrison
Executive Vice President
~. ' ',"..
cc:
Mike Curtis
Lisa Harrison
Howard Annstrong
. ..
. 5534 NORTH wElTERN . OKL4HOMA OIY. OK 73118--4006 . (405)> 879-0600 . FAX (405) 879-0474 ·
. E-MAlLa 01«@PINNACLE~AOUP.W ·
....,.
.. .
'- "<:<:
: " . ~~. >," ,,-'
" 1,0
~..-?-~;;~J~~~'''':'
,,... .6' '::;. ~;
..'.'. "-:"-';-'''''''..~:'I<..:.,,
. '....
..
. , ""'~;' ','~_..
.
AGREEMENT TO PROVIDE PROFESSIONAL SERVICES
This Agreement ~tered into this _ day of July, 2003, by and between the
City of North Rich1and Hills. Texas (hereinafter referred to as the "City") and Pinnacle
Consulting Management Group. Inc., (hereinafter referred to as "Pinnacle"), an
Oklahoma Corporation authorized to do business in the Staie of Texas, for the purpose of
providing the City with land acquisition services associated with the Rufe Snow Drive
Project D:om High Lawn Terrace to Fair Meadows Drive.
WHEREAS. the City bas solicited. proposals from qualified firms and based on
the proposals rcc:eiv~ has selected Pinnacle to provide the services set forth. below in
Paragrapb B. and
WHEREAS. Pinnacle desires to contract with the City to provide the services set
forth below in Paragraph B, the parties agree to the following:
A. The City agrees to the following:
1.
2.
. 3.
4.
Provide legal descriptions for the property interest to be acquired.
Provide funding for the purchase of the real property interest
acquired through negotiations.
Ptovide condemnation of any real property interest deemed
neccssaiy by the City.
Compensate Pinnacle based on the following fee schedule:
A. Appraisal service (one parcel) for a total orSl,800.00. In
the event additional appraisal services are required. the
fee for such services shall be submitted to the City for
prior written approval.
B. Appraisal review service (one parcel) for a total of
$400.00. In the event additional appraisal services are
required, the fee for such services shaH be submitted. to
the City for prior written approval.
c.
Total acquisition fee shall be 51,200 per parcel. Based on
an anticipated. maximum of fifty-four (54) parcels. the
total acquisition fee shall not exceed 564,800.00. The
51.200 fee per parcel shall be due Pinnacle upon receipt
of an invoice evidencing the following milestone
completions:
,,··~~~::~T4ì;~~~;~~::r~:~;¿;~:t~~~:r:þ~¥i~·_,f·::J·::- ~~ .~.'I. :'-~.
" ';.:~ . '
~:.....- ~,
.··;"~~;>:~j>~~¡:!1\:'i.·,
.....:,.:.;.~~_:.,
..... .'Ii.';"" ·.;oú;<···.., , ..,
. '~ --..;.-~,_Jr-~_':';"-:"':-"'~-'.'
"j""
1
,.
',. ,.
..
. "::?;=,':' ~~
. ;,.~. '..?,..'~" ...~~.~,,~,.
1',..-".
-_.."._~,~,~.¡;;.-, ¡,-.?::<..:/. ;. ;"." ~".''''
. ..'..... ~ . ,. 't>"'" ',."' .
.-..~ :0
;,
.
1. Delivery of written offer to the property owner
equals 50% of the per parcel fce.
Ü. Submittal of the parcel to the City as acquired or for
condemnation equals 40% of the per parcel fee.
ili. Submittal to the City the final file containing all
documentation regarding the purchase of the
property through negotiatioI1s or the submittal of the
parcel for condCIIUlation equals 10% of the per
parcel fee.
5. The City agrees to compensate Pinnacle as "pass through"
expenses for any fees associated with title services and/or
recording of documents. Costs for such fees shall be documented
with invoices.
B. Pinnacle agrees to the following:
1.
. 2.
3.
4.
..~,.;.,.
-~.,. '.:.,... >~. :.:--
. . "....,......' ...
: ~:.¡~:.;~; >.,;.: - .
-.,-..
, ~~.-' -~ _...._.~ ~ ~ -: .'".:.. ..-
".,.-,.......
- " ..~.
'-.:"'~>j._';_.._-.:.
.'
If< ' .¡, ~
Prepare legal conveyance documents based on the legal
descriptions provided by the City.
V crify ownership of each parcel to the last deed of record.
Prepare 'an appraisal and an appraisal revicw on one parcel and
value findings on all other parcels.
Prepare offer letters for the purchase of the property rights to be
acquired on each parcel
A
Negotiate with each property owner bued on the approved
appraised fair market value. Pinnacle will not be
authorized to increase the amount of the approved offer
without prior written approval of the City.
B.
S01icit lien releues when required.
C.
Submit parcels secured to the City for processing of funds
set forth at the agreed purchase price.
D.
E.
Submit parcels requiring condemnation to the City.
Maintain a file with the fonowing documentation at a
minimum:
2
.i:.....J;:g¡'&.~..
.
.
.'.,", -, '~
-. .'-~. ...
."
,,'.~";..,; .,......<:~...t-..¿
1. Copy of the appraisal report.
ii. Copy of the legal description.
üi. An agent's report providing a narrative summary of
the negotiations with each property owner.
iv. Copies of all correspondence to and fi'om the property
owner and/or the property owners representative.
v. All other relevant information regarding the offer to
putChase the property.
S. To subnút an invoice to the City on a monthly basis for
compensation for services rendered as set forth in Paragraphs
A.4.and A.5.
6. To complete all acquisition activities on or before January IS,
2004.
7. Perform all services in accordance with federal and state
guidelines.
8. Utilize the services of appraisers certified in the State of Texas,
and approved by the Texas Department of Transportation.
This Agreement constitutes the full wderstanding by and between the parties and may
only be amended in writing to the satisfaction orooth parties. The Agreemcnt is
performable in. Tanant County' and exclusive venue for e.nforcement of any rights under
the contract shall be Tarrant County.
Notice required fOT delivery to fulfill any terms or conditions oft1\;5 agreeme11t shan be
sent to the parties at the following addresses:
CITY:
7301 N. E. Loop 820
City of North Rich1and Hills., Texas 76810
PINNACLE:
5534 N. Western
Oklahoma City, Oklahoma 73118
3
'''''''",",\i..l,t4'Í<~;~~-
.
.
.
; <.-:" . ~ ....
"_.,;"1-.' .-
IN WITNESS WHEREOF, the patties execllte this Agreement on the date set
forth by the signature of each party.
PINNACLE CONSULTING
MANAGEMENT GROUP, INC.
CITY OF NORTH RICHLAND
HILLS, TEXAS
By:
By:
Jennifer Harrison
Executive Vice President
Name
Title
Date:
Date:
..
.'~ ".,^, '..~ /:i;'~".;'-::~:/~ ~ ~,.~:,:.}:,.~~;·.~},'·ì.~r ··~~~;:;~~·~~·t :i~i~~14;~~~Ε‘}~!m~r~;'~~";?-,,- .~: .
"
-.-
CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 7/28/03
Subject: Approve EnQineerinQ AQreement with Graham Associates, Agenda Number:
Inc. in the amount of $123,816 for the Design of
Glenview Drive (Honey Lane to Flory Street) and Flory Street
(Manor Drive to Glenview Drive)
PW 2003-010
The 2003 Bond Program was approved by the voters on February 1, 2003 and bonds were sold on
April 27, 2003 for the first five projects. These projects consist of four paving projects and one
drainage project. All five projects are listed below.
Proiect ~ Estimated Cost
1. Glenview Drive Paving $ 1,890,000
2. Flory Street Paving $ 400,000
3. Lola Drive Paving $ 800,000
4. Galway Lane Paving $ 200,000
5. Holiday West Channel Drainage $ 1,500,000
Public Works staff believes that the City could benefit from the "economy of scale" by combining
some of the projects. However, because of the City's desire to complete the projects in a "timely
manner" all of the projects were not grouped together as a single project. The five projects were
grouped together to form three separate projects. The three projects are identified below.
1.
2.
3.
Proiect
Glenview Drive & Flory Street
Lola Drive & Galway Lane
Holiday West Channel
Estimated Cost
$2,290,000
$1,000,000
$1,500,000
As shown above, the first project consists of the reconstruction of Glenview Drive (between Honey
Lane and Flory Street) and Flory Street (between Manor Drive and Glenview Drive). Each street
will be reconstructed with concrete pavement, along with all necessary storm drain, water and
sewer improvements. In addition, a street light plan will be prepared for Glenview Drive and
decorative street lights may be included if desired by Council.
The "selection process" used in determining the recommendations for engineering firms for each of
the three projects began with a letter requesting a Statement of Qualifications (SOQ) being sent to
21 local engineering firms. Twenty (20) firms responded expressing an interest in performing
engineering services for the projects. Public Works staff reviewed the SOQs which included
design experience on past similar projects, current work load, estimated design schedule, etc. The
top four firms were selected to provide a presentation to a Selection Committee (consisting of
Public Works staff and City Manager's office staff). The top four firms were:
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds AvallaOle
Finance Director
CrJ
Department Head Signature
CITY OF
NORTH RICHLAND HILLS
1. Graham Associates, Inc.
2. Birkhoff, Hendricks, and Conway, L.L.P.
3. Teague Nail and Perkins, Inc.
4. Turner, Collie and Braden, Inc.
Presentations were made by all four firms. Graham Associates, Inc., Birkhoff, Hendricks and
Conway, L.L.P. and Teague Nail and Perkins, Inc. were the most impressive and the selection
committee agreed that they should be recommended to Council.
Graham Associates, Inc. was selected for the Glenview Drive & Flory Street Project. Graham
Associates, Inc. is a multi-discipline engineering firm headquartered in Arlington, Texas. Their
qualifications indicate long term experience and knowledge in the design of urban streets. The
proximity of their office and professional demeanor imply that they will be responsive to all of the
City's needs.
Graham Associates has not done any work in the City of North Richland Hills. They have done
work on similar types of projects in the cities of Arlington, Irving, Garland, Fort Worth, Southlake,
Allen and Farmers Branch. References were checked and all were very satisfied with Graham
Associates, Inc. work and professional attitude.
The engineering agreement states that Graham Associates, Inc. will provide surveying, design and
construction administration for the reconstruction of Glenview Drive and Flory Lane. A key point
concerning the agreement is a 10% retainage clause that states if the engineer fails to meet the
proposed schedule there will be a reduction in the design fee by 10%. The project schedule has
been established so that construction of the portion of Flory Street adjacent to Mullendore
Elementary school will occur next summer (2004) when school is closed. The fee negotiated by
staff is an amount not to exceed $123,816.
The total fee of $123,816 consists of a base design fee and a fee for special services (surveying,
right-of-way documents, geotechnical report). Shown below is a breakdown of the total fee:
Base Design Fee
Surveying
Right-of-Way Documents
Geotechnical Report
Total Fee
$ 99,866
15,000
5,000
3,950
$123,816
The Base Design Fee will be a fixed fee in the amount of $99,866. Special services (surveying,
right-of-way, geotechnical) will be paid only if the services are needed. The maximum cost of
special services is $23,950, but could be less if right-of-way work is not necessary.
The 2002/03 Capital Projects Budget will need to be revised so that these projects can be added.
Sufficient funds are available this year to perform the design. In 2003/04 funds will be appropriated
for construction.
Recommendation: To approve the engineering agreement with Graham Associates, Inc. for the
Glenview Drive and Flory Street projects and to amend the 2002/03 Capital Projects Budget as
shown on the attachment.
CITY COUNCIL ACTION ITEM
Page_of _
Street & Sidewalk Capital Projects
CIP Budget Revision
G/enview Drive street Improvements (Flory St to Honey Lane)
Budget Will Establish Project Number Upon Revision Approval
PROJECT DESCRIPTION & JUSTIFICATION
This street is identified on the Master Thoroughfare Plan as a Minor Arterial, 4 Lane, Undivided (M4U). This project will begin
at Honey Ln and will end at Flory St. Currently, the existing street consist of asphalt pavement. This project will consist of
reconstructing approximately 2,400 feet of street with concrete pavement and provide drainage improvements necessary to
comply with current city standards.
This section of Glenview Drive was originally constructed in 1960, as an asphalt street. Glenview Drive is a major east-west
collector street. The current traffic counts are expected to increase substantially on a temporary basis during the construction
of Loop 820. This section of Glenview is also adjacent to some new residential subdivisions. The average life of an asphalt
street is 20 years. This street is approximately 42 years old and has never been overlayed. The current street condition rating
is 53. This rating is considered to be Poor, consisting of significant potholes, complete surface deterioration, misaligned curb
and pavement surface and requires major base repair such as an asphalt overlay. These improvements will reduce street
maintenance cost and will provide a smoother road surface for motorist.
PROJECT STATUS Original 200212003 Original 200212003
Start Date Revision End Date Revision
EngineeringlOesign n/a 0812003 n/a 0212004
Construction n/a 0312004 n/a 0412005
REVISION EXPLANATION
This project was not included in the 2002-03 CIP Budget because its primary source of funding is bond proceeds, which had
not been approved by voters when the budget was created. Voters did approve this project in the February 2003 election and
bonds were issued in April 2003. The Public Works Department would like to begin work on the project this fiscal year.
Therefore, a revision is necessary to grant Public Works legal expenditure authority in the current fiscal year.
FINANCIAL DATA
200212003 Total
Funding Source Amount to 200212003 Revised Remaining Project
Date Adopted Budget Budget Cost
Proposed Funding Allocation:
G.O. Bonds ('03 Program) $0 $0 $200,000 $1,690,000 $1,890,000
0 0 0 0 0
Total $0 $0 $200 000 $1 690,000 $1 890000
Project Expenditures
Engineering $0 $0 $200,000 $100,000 $300,000
LandIRight-of-Way 0 0 0 0 0
Construction 0 0 0 1,590,000 1,590,000
Total $0 $0 $200 000 $1 690,000 $1 890 000
IMPACT ON OPERATING BUDGET
Road maintenance and other operating expenses should be normal during the first 5 to 10 years after project completion.
5-Yr Total
$0
Annual Operating Impact
Pro·ected
Street & Sidewalk Capital Projects
CIP Budget Revision
Flory street Improvements (Manor Dr to G/enview Drj
Budget Will Establish Project Number Upon Revision Approval
PROJECT DESCRIPTION & JUSTIFICATION
This street is identified on the Master Thoroughfare Plan as a Residential, 2 Lane, Undivided (R2U). This project will begin
at Manor Dr. and will end at Glenview Dr. Currently, the existing street consist of asphalt pavement. This project will
consist of reconstructing approximately 800 feet of street with concrete pavement and providing drainage improvements
necessary to comply with current city standards.
This section of Flory Street is adjacent to Mullendore Elementary School and serves as an unofficial collector in this area. It
was originally constructed in 1955, as an asphalt street. The average life of an asphalt street is 20 years. This street is
approximately 47 years old and was overlayed in 1975. The current street condition rating is 58. This rating is considered
to be Fair, consisting of major cracks with significant surface deterioration, alligator cracks with minor potholes and
subgrade deterioration. The traffic counts are considered high for a typical residential street. In 2002, the average daily
count was 859 vehicles per day. These improvements will reduce the street maintenance cost and provide a smoother road
surface for the motorist. This project will be combined with the Glenview Drive Project to take advantage of the "economy of
scale".
PROJECT STATUS Original 200212003 Original 200212003
Start Date Revision End Date Revision
Engineering/Design n/a 08/2003 n/a 0212004
Construction nIa 0312004 n/a 04/2005
REVISION EXPLANATION
This project was not included in the 2002-03 CIP Budget because its primary source of funding is bond proceeds, which had
not been approved by voters when the budget was created. Voters did approve this project in the February 2003 election
and bonds were issued in April 2003. The Public Works Department would like to begin work on the project this fiscal year.
Therefore, a revision is necessary to grant Public Works legal expenditure authority in the current fiscal year.
FINANCIAL DATA
200212003 Total
Funding Source Amount to 2002/2003 Revised Remaining Project
Date Adopted Budget Budget Cost
Proposed Funding Allocation:
G.O. Bonds ('03 Program) $0 $0 $40,000 $360,000 $400,000
0 0 0 0 0
Total $0 $0 $40 000 $360 000 $400 000
Project Expenditures
Engineering $0 $0 $40,000 $20,000 $60,000
LandlRight-of-Way 0 0 0 0 0
Construction 0 0 0 340,000 340,000
Total $0 $0 $40 000 $360 000 $400 000
IMPACT ON OPERATING BUDGET
Road maintenance and other operating expenses should be nominal during the first 5 to 10 years after project completion.
Annual Operating Impact
Projected
--
-e
¡_
II
III
It
-
-
-
--
-
-
-
~
-
~
~.
~
-
Glenview Drive (Honey Ln to Flory St)
This street consists of significant potholes, complete surface deterioration and misalign
curb and pavement surface. This section of Glenview Drive requires major base repair
and realignment of the riding surface.
HA.LTOM
CITY
!
¡
c.oc_ 00 \ 00<:<"_ ç
---.....--
i
- - - ~'!
Ì¡ j
~., i N~ ,...,.~
\ *N ~~ !__.J ~~
\ <:., -..oct ~ ~,~
~, 1
\ 0,. _~ _LOC"O' h-~
\ /"' vy\~ -1 GLEN VIEW DR
\~c::.
\ ü ~~_ ii ii ~
~ __- ti-ii! ¡¡ !
."p 0 i ! 'MIM '4 II
\ i !~
i ~ ; ct::
\ ~Q
Hla.rrr ~
, 0
___....____- ...~oo <=
I i ,/ð: 5 CI)
HALTOM \r Ii ! LU
CITY I IOCHr~' <:I ~
. !i ... .... -_.,.~. :"~.'"
..... 00
,
t
.
,...,. "
a::
\
. .-~..,~~~~l.L.::_O...¥·..-~£,...It¡...~á. .c·"~=''Io.':''''''''':tI.:Wi
BRIL£V DR
ª
C"'IIÞC)ASUfC. ~
',·r"-_"·
rAI()e!1' ~
~ ~ Q -..
~ i ct::
_DI LU
u¡
<=*
,., _DI ~I
I ;: .LcJ I
i I f
g QO"~ ~ \ !.i
~ørmo a
~
I
!
~
¡ NRH~ .'
i ~ F
i > r¡,'å ~
i ~ c,,-(.. r
J3;~ '
OA,,,,,,,OO ~«, ~
~~~ ~ Richland
~ ç,~ 7 Hills
~
c..s~
ð
.,
......"..,.,HOO
I .. .
'.
I
I
I
I
I
I
I
I.
I
I
I
I
I
I
I
I·
I
Flory St (Manor Dr to Glenview Dr)
/t
¡
, ¡
~~øl"~1
...... !
<","",,00 a:: :
S
..
~H>GfJ
O<NM 00 \ 1 ¡
.
~
~.... .
\
~
~ \ .~
~ ~
<''''"''- ¡ i ~.
~
C"I\...o.. SUiC. ~
BRft:EY'DR.¡
iI\~lI.oGfoe
! ~A"'e
i
'-"'C~,,\IIf
<JOCUV'IW CT
c.aEYIIWoe
-
~
i
..... 00
~
,..,." ~
:; ~
~ i
z
_'00
f0UQ4 S1' ¡ r...eoe IT a::
=:1 t=+ ~
__tI:Ø'~ t-ë"CT ~
JAI ~ a:::
'Y DR:""8<1 GLEN VIEW DR
-...
QI
ct'
'Ì UJ\
IItta-...L ¡ Ü
~.f/IIIT&f
i
¡
.......,.00
~.--
t..
..····-···~4··'·.·.
'. .-'" ~ _.,~:
.'~-:~~~~
-' '~'~~':'.""" .
\.
.;.;...
-
~
.;.
. .
'~"
..,;:
'~~~., . .~ ~
'. ._~ r-
".- - I
- .......' .;
!
i
¡)
J
t
'co,
",-,...
""""'00
5
CD
-...
i" ii ~
Q~ ¡~ ~ ~
't*MI :a'" .
¡tAHDII ':!I ! "ct
~:c
~~
~ID 0
~
~ ~ ~ r-i
t:S ;'"'
COOII~ i NRH ~ ri'RICHLAND
1'1 > ~ HILLS
Ε ~
. Yo'
3
I
~
-'"
"""",",,00
CITY OF
NORTH RICHLAND HILLS
. Department: Public Works
Council Meeting Date: 7/28/03
Subject: Approve Enoineerino Aoreement with Teaoue Nail and Agenda Number: PW 2003-011
Perkins, Inc. in the amount of $102,647 for the Design of
Lola Drive (Scott Drive to Davis Boulevard) and Galway Lane
(Emerald Hills Way to the Park Entrance)
The 2003 Bond Program was approved by the voters on February 1, 2003 and bonds were sold on
April 27, 2003 for the first five projects. These projects consist of four paving projects and one
drainage project. All five projects are listed below.
Proiect ~ Estimated Cost
1. Glenview Drive Paving $ 1,890,000
2. Flory Street Paving $ 400,000
3. Lola Drive Paving $ 800,000
4. Galway Lane Paving $ 200,000
5. Holiday West Channel Drainage $ 1,500,000
Public Works staff believes that the City could benefit from the "economy of scale" by combining
some of the projects. However, because of the City's desire to complete the projects in a "timely
manner" all of the projects were not grouped together as a single project. The five projects were
grouped together to form three separate projects. The three projects are identified below.
1.
2.
3.
Project
Glenview Drive & Flory Street
Lola Drive & Galway Lane
Holiday West Channel
Estimated Cost
$2,290,000
$1,000,000
$1,500,000
As shown above, the second project consists of the reconstruction of Lola Drive (Scott Drive to
Davis Boulevard) and Galway Lane (Emerald Hills Way to the park entrance) Each street will be
reconstructed with concrete pavement, along with all necessary storm drain, water and sewer
improvements.
The "selection process" used in determining the recommendations for engineering firms for each of
the three projects began with a letter requesting a Statement of Qualifications (SOQ) being sent to
21 local engineering firms. Twenty (20) firms responded expressing an interest in performing
engineering services for the projects. Public Works staff reviewed the SOQs which included
design experience on past similar projects, current workload, estimated design schedule, etc. The
top four firms were selected to provide a presentation to a Selection Committee (consisting of
Public Works staff and City Manager's office staff). The top four firms were:
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds ÄvallaDle
)1A ~~ C±- (;l
Department Head Signature
Finance Director
Page 1 of_
r:·.·»'.·.,,··,'
CITY OF
NORTH RICHLAND HILLS
.
1.
2.
3.
4.
Graham Associates, Inc.
Birkhoff, Hendricks, and Conway, L.L.P.
Teague Nail and Perkins, Inc.
Turner, Collie and Braden, Inc.
Presentations were made by all four firms. Graham Associates, Inc., Birkhoff, Hendricks and
Conway, L.L.P. and Teague Nail and Perkins, Inc. were the most impressive and the selection
committee agreed that they should be recommended to Council.
Teague Nail and Perkins, Inc. was selected for the Lola Drive and Galway Lane projects. Teague
Nail and Perkins, Inc. is a multi-discipline engineering firm headquartered in Fort Worth, Texas.
Their qualifications indicate long term experience and knowledge in the design of urban streets.
The proximity of their office and professional demeanor imply that they will be responsive to all of
the City's needs.
Teague Nail and Perkins, Inc. has worked in the City of North Richland Hills before and has done
work on similar types of projects in the cities of Haltom City, Coppell, Benbrook, DeSoto, Denton
and Crowley. References were checked and all were very satisfied with Teague Nail and Perkins,
Inc. work and professional attitude.
The engineering agreement states that Teague Nail and Perkins, Inc. will provide surveying,
design and construction administration for the reconstruction of Lola Drive and Galway Lane. A
key point concerning the agreement is a 10% retainage clause that states if the engineer fails to
meet the proposed schedule there will be a reduction in the design fee by 10%. The project
schedule has been established so that construction of the portion of Lola Drive adjacent to Holiday
Heights Elementary school will occur next summer (2004) when school is closed. The fee
negotiated by staff is an amount not to exceed $102,647.
The total fee of $102,647 consists of a base design fee and a fee for special services (surveying
and geotechnical report). Shown below is a breakdown of the total fee:
Base Design Fee
Surveying
Geotechnical Report
Total Fee
$ 88,947
11 ,000
2.700
$102,647
The Base Design Fee will be a fixed fee in the amount of $88,947. Special services (surveying
and geotechnical) will be paid only if the services are needed. The maximum cost of special
services is $13,700.
The 2002/03 Capital Projects Budget will need to be revised so that these projects can be added.
Sufficient funds are available this year to perform the design. In 2003/04 funds will be appropriated
for construction.
Recommendation: To approve the engineering agreement with Teague Nail and Perkins, Inc. for
the Lola Drive and Galway Lane projects and to amend the 2002/03 Capital Projects Budget as
shown on the attachment.
-~------------ CITY COUNCIL ACTION ITEM
Page_of _
Street & Sidewalk Capital Projects
CIP Budget Revision
Lola Drive street Improvements (Scott Dr to Davis Blvel)
Budget Will Establish Project Number Upon Revision Approval
PROJECT DESCRIPTION & JUSTIFICATION
This street is identified on the Master Thoroughfare Plans as a Minor Collector, 2 Lane, Undivided (C2U). This project will
begin at Scott Dr. and will end at Davis Blvd. Currently, the existing street consist of asphalt pavement. This project will
consist of reconstructing approximately 2,100 feet of street with concrete pavement and providing drainage improvements
necessary to comply with current city standards.
This section of Lola Drive was originally constructed in 1960, as an asphalt street. The average life of an asphalt street is
20 years. This street is approximately 42 years old and was overlayed in 1984. This section of Lola is adjacent to Holiday
Heights Elementary School and carries approximately 2,500 vehicles per day between Davis Blvd and Holiday Ln. After the
improvements are made to this section, Lola Drive will be improved to the City's current standards from Holiday Ln to Davis
Blvd. The current street condition rating is 37. This rating is considered to be Poor, consisting of significant potholes,
complete surface deterioration, misaligned curb and pavement and requires major base repair and realignment of the riding
surface, such as an asphalt overlay..
PROJECT STATUS
Original
Start Date
200212003
Revision
Original
End Date
200212003
Revision
Engineering/Design
Construction
n/a
n/a
0812003
03/2004
nJa
n/a
0212004
0212005
REVISION EXPLANATION
This project was not included in the 2002-03 CIP Budget because its primary source of funding is bond proceeds, which had
not been approved by voters when the budget was created. Voters did approve this project in the February 2003 election
and bonds were issued in April 2003. The Public Works Department would like to begin work on the project this fiscal year.
Therefore, a revision is necessary to grant Public Works legal expenditure authority in the current fiscal year.
FINANCIAL DATA
200212003 Total
Funding Source Amount to 200212003 Revised Remaining Project
Date Adopted Budget Budget Cost
Proposed Funding Allocation:
G.O. Bonds ('03 Program) $0 $0 $100,000 $700,000 $800,000
0 0 0 0 0
Total $0 $0 $100000 $700,000 $800 000
Project Expenditures
Engineering $0 $0 $100,000 $10,000 $110,000
LandlRight-of-Way 0 0 0 0 0
Construction 0 0 0 690,000 690,000
Total $0 $0 $100000 $700 000 $800 000
IMPACT ON OPERATING BUDGET
Road maintenance and other operating expenses should be normal during the first 5 to 10 years after project completion.
Annual Operating Impact
Pro·ected
Street & Sidewalk Capital Projects
CIP Budget Revision
Galway Lane street Improvements (Emerald Hills Way to Parle Entrance)
Budget Will Establish Project Number Upon Revision Approval
PROJECT DESCRIPTION & JUSTIFICATION
This street is identified on the Master Thoroughfare Plan as a Residential, 2 Lane, Undivided (R2U). This project will begin
at Emerald Hills Way and will end at the Park Entrance. Currently, the existing street consists of asphalt pavement. This
project will consist of reconstructing approximately 800 feet of street with concrete pavement and providing drainage
improvements necessary to comply with current city standards.
This section of Galway Lane was originally constructed in 1968, as an asphalt street. The average life of an asphalt street is
20 years. This section is approximately 35 years old and was overlayed in 1983. The current street condition rating is 35.
This rating is considered to be Very Poor, consisting of complete pavement system failure, exhibits bad riding quality,
numerous potholes and has a high annual maintenance record. This section of Galway Lane will complete the roadway
upgrades from HalWood Rd to Emerald Hills Way and will also serve as an entrance to one of our neighborhood parks.
This project will be combined with the Colorado Blvd Street Improvement Project.
PROJECT STATUS Original 200212003 Original 200212003
Start Date Revision End Date Revision
EngineeringlOesign nla 08/2003 nla 0212004
Construction nla 0312004 nla 0212005
REVISION EXPLANATION
This project was not included in the 2002-03 CIP Budget because its primary source of funding is bond proceeds, which had
not been approved by voters when the budget was created. Voters did approve this project in the February 2003 election
and bonds were issued in April 2003. The Public Works Department would like to begin work on the project this fiscal year.
Therefore, a revision is necessary to grant Public Works legal expenditure authority in the current fiscal year.
FINANCIAL DATA
Total
Funding Source Amount to 200212003 Remaining Project
Date Adopted Budget Cost
Proposed Funding Allocation:
G.O. Bonds ('03 Program) $0 $0 $30,000 $170,000 $200,000
0 0 0 0 0
Total $0 $0 $30 000 $170 000 $200,000
Project Ex nditures
Engineering $0 $0 $30,000 $5,000 $35,000
LandlRight-of-Way 0 0 0 0 0
Construction 0 0 0 165,000 165,000
Total $0 $0 $30 000 $170000 $200 000
IMPACT ON OPERATING BUDGET
Road maintenance and other operating expenses should be normal during the first 5 to 10 years after project completion.
Annual Operating 1m
Pro·ected
---
'-\.',
Lola Drive (Scott Dr to Davis Blvd)
~'
'"
3/ i ~/
, l "......."
I f fillClll'rH. raM.
...." I~" ~
~ Ir! 1
::b 0.......
,pf"" z \
~<} -..
\ \~ !
'\ '"
co
~ I
..... i
......."
1--(
L-c\ "do
. ..-,
3
1
j'
!
_.wS'~
--..
I
~
~
_co
, :~
_coo
UJoO¡lllH
I
"
~
_ nn
i lnGAUt -~
~ §
-- ~
~~""" ~
i ~ ~
HARÇV~OD /i.ID..,
u.
3
i
o
9
';
o
........ ..
QN<ø
.-DO
~ I
-J i
/XI
CI) _0
S;
~
-
Jü "'~A"
_DO
- ~...
i "''10
~
...........ø
--- --1"1
í i i
i
.,
..l-- DO ~ \
=id\PLkJ,o \ D A "E. \
,ø
I
..,.-.DO
e
~
~
~
I
f
J
t
¡
.,... '"
-'"
-"
,
I.
I
I
: I
I
I
I
I
I.
I ~.~
_<lI-
I .".,.,<11-
,<lI-
I ".<11-
".
.
I
I
'.
I
,
Galway Ln (Emerald Hills Way to Park Entrance)
I~ -
r='N ~ ~
II"~ ~
'_ C".~/
~ ,;"~'"
_00
!J
a
!J
,...,..'"
co
C") 3
0) f
..... ¡
~
~ I
-J ¡
/Xl
\ CI) _c:r
S
! §! ~
t!
... 00
_coo
_.,.... 00
__00
c
<J
1CMUØ00¡ ª \
PLEWO()D
& \
\)E. >
iü
!'¡..uI'l~"V
3ü :ü
ae iv
...... 00
.
3
_00
3
~Il'" ~
n~...~ISf
3
¡
,J
¡
.
.
!t
,.......,..,"
~OC.
.
ð
- ""
I l''',QIU.M -~.
!J Ε §!
"," .
~~ ?
¡ ~ a
.......0 ~ I.S
HARW(!)OD /iIDoro
S S~ rc
~ ~'
..... ð 0 ~ do
~,~ a
~0 a::
0(,'ð f....pd' W
~
_DOO
+
C_Sf
!
J
"""-er
.00....
'10
~
SfIllHOtfY 5' i
i
¡
~.",.,.
"f'
..
~
, ,
CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 7/28/03
Subject: Approve EnQineerinQ AQreement with Birkhoff, Hendricks, Agenda Number: ' PW 2003-012
And Conway, L.L.P. in the amount of $96,200 for the Design of
The Holiday West Channel Improvements (Meadow Oak
Drive to Holiday Lane)
The 2003 Bond Program was approved by the voters on February 1, 2003 and bonds were sold on
April 27, 2003 for the first five projects. These projects consist of four paving projects and one
drainage project. All five projects are listed below.
Project ~ Estimated Cost
1. Glenview Drive Paving $ 1,890,000
2. Flory Street Paving $ 400,000
3. Lola Drive Paving $ 800,000
4. Galway Lane Paving $ 200,000
5. Holiday West Channel Drainage $ 1,500,000
Public Works staff believes that the City could benefit from the "economy of scale" by combining
some of the projects. However, because of the City's desire to complete the projects in a "timely
manner" all of the projects were not grouped together as a single project. The five projects were
grouped together to form three separate projects. The three projects are identified below.
1.
2.
3.
Project
Glenview Drive & Flory Street
Lola Drive & Galway Lane
Holiday West Channel
Estimated Cost
$2,290,000
$1,000,000
$1,500,000
As shown above, the third project consists of the reconstruction of the Holiday West Channel
between Meadow Oak Drive and Holiday Lane. The existing concrete channel liner was
constructed in 1970. Sections of the channel are failing and are a continuous maintenance
problem. This project will extend the concrete lining to the top of the channel which will increase
the capacity of the channel and eliminate the need to mow. The project also includes dredging of
the existing earthen channel downstream of Holiday Lane. Aesthetic enhancements will be
included near Holiday Lane.
The "selection process" used in determining the recommendations for engineering firms for each of
the three projects began with a letter requesting a Statement of Qualifications (SOQ) being sent to
21 local engineering firms. Twenty (20) firms responded expressing an interest in performing
engineering services for the projects. Public Works staff reviewed the SOQs which included
design experience on past similar projects, current work load, estimated design schedule, etc. The
top four firms were selected to provide a presentation to a Selection Committee (consisting of
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds Ävallaole
\.
Finance Director
-1l£1ø w- OJ
Department Head Signature
Page 1 of _
..
CITY OF
NORTH RICHLAND HILLS
Public Works staff and City Manager's office staff). The: top four firms were:
1. Graham Associates, Inc.
2. Birkhoff, Hendricks, and Conway, L.L.P.
3. Teague Nail and Perkins, Inc.
4. Turner, Collie and Braden, Inc.
Presentations were made by all four firms. Graham Associates, Inc., Birkhoff, Hendricks and
Conway, L.L.P. and Teague Nail and Perkins, Inc. were the most impressive and the selection
committee agreed that they should be recommended to Council.
Birkhoff, Hendricks, and Conway, L.L.P. (BHC) was selected for the Holiday West Channel. They
were one of the two firms that placed an emphasis on aesthetics where the channel crosses
Holiday Lane. BHC is currently working for several cities in both Tarrant and Dallas counties.
Some of the cities include Hurst, Waxahachie, Addison and Piano. BHC has also performed some
drainage design/studies for the City of North Richland Hills. References were verified and all were
satisfied with BHC's work.
The engineering agreement states that BHC will provide surveying, design and construction
administration for the reconstruction of the Holiday West Channel. A key point concerning the
agreement is a 10% retainage clause that states if the engineer fails to meet the proposed
schedule there will be a reduction in the design fee by 10%. The fee negotiated by staff is an
amount not to exceed $96,200.
The total fee of $96,200 consists of a base design fee and a fee for special services (surveying,
right-of-way documents, geotechnical report, drainage analysis). Shown below is a breakdown of
the total fee:
Base Design Fee $ 77,500
Surveying 5,800
Right-of-Way Documents 3,000
Geotechnical Report 3,000
Drainage Analysis 6.900
Total Fee $ 96,200
The Base Design Fee will be a fixed fee in the amount of $77,500. Special services (surveying,
right-of-way documents, geotechnical, drainage analysis) will be paid only if the services are
needed. The maximum cost of special services is $18,700.
The 2002/03 Capital Projects Budget will need to be revised so that these projects can be added.
Sufficient funds are available this year to perform the design. In 2003/04 funds will be appropriated
for construction.
Recommendation: To approve the engineering agreement with Birkhoff, Hendricks and Conway,
L.L.P. for the Holiday West Channel project and to amend the 2002/03 Capital Projects Budget as
shown on the attachment.
CITY COUNCIL ACTION ITEM
Page_of _
, ,....
Drainage Capital Projects
CIP Budget Revision
Holiday West Channel
Budget Will Establish Project Number Upon Revision Approval
PROJECT DESCRIPTION & JUSTIFICATION
This project consist of reconstructing the existing concrete channel from Holiday Lane to Meadow Oak Drive. The length of
the project is approximately 2,000 linear feet. This project will also consist of improving the appearance of the same channel
east of Holiday Lane to Calloway Branch.
This channel was constructed in the early 1970's. Sections of the channel are failing and is a continuous maintenance
problem. The failed sections are also causing erosion problems to adjacent property owners. In addition to the channel
failing, the concrete portion of the channel was only designed for the 25 year storm. This project will extend the concrete
lining to the top of the bank and will allow the channel more capacity. This will eliminate the need to mow or herbicide the
section of side slope that is currently earthen bank and reduce future maintenance cost. This project will also improve the
appearance of the channel at Holiday Lane.
PROJECT STATUS Original
Start Date
200212003
Revision
Original
End Date
200212003
Revision
Engineering/Design
Construction
n/a
nla
0812003
08/2004
n/a
nla
07/2004
09/2005
REVISION EXPLANATION
This project was not included in the 2002-03 CIP Budget because its primary source of funding is bond proceeds, which had
not been approved by voters when the budget was created. Voters did approve this project in the February 2003 election and
bonds were issued in April 2003. The Public Works Department would like to begin work on the project this fiscal year.
Therefore, a revision is necessary to grant Public Works legal expenditure authority in the current fiscal year.
FINANCIAL DATA
Total
.:20,0212003 200212003 Total
Amount to 200212003 ~lrd;,., Revised Remaining Project
Date Adopted Budget Budget Cost
$0 $0 $100,000 $1,400,000 $1,500,000
0 0 0 0 0
$0 $0 $100000 $1400000 $1 500 000
$0 $0 $100,000 $200,000 $300,000
0 0 0 0 0
0 0 0 1,200,000 1,200,000
$0 $0 $100000 $1400000 $1 500 000
Funding Source
Proposed Funding Allocation:
G.O. Bonds ('03 Program)
Total
Project Expenditures
Engineering
LandlRight-of-Way
Construction
IMPACT ON OPERATING BUDGET
Newly lined channels need to be cleaned out once every 1 to 2 years. Included with the routine channel maintenance.
Annual Operating Impact
Pro·ected
5-Yr Total
$2 000
".
;
~
CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 7/28/2003
Subject: Approve Final Pay Estimate #3 to Smith Contractors, Inc. Agenda Number: PAY 2003-003
In the amount of $9,487.15 for the Jester Court / Squire Court
Drainage Improvements Project
The Jester Court / Squire Court Drainage Improvements Project consisted of constructing
a flume and other drainage improvements along the rear and side property lines of
property located between Jester Court and Squire Court.
The project was awarded by Council on December 16, 2002, PW 2002-017 for $67,317 to
Smith Contractors, Inc. Final payment will make the contractor's total earnings on the
project $57,049.00, which is $10,268.00 under the contract amount. The cost savings are
primarily due to unused costs associated with unknown field conditions and unused
contingency funds. The contractor completed the project within the contract completion
time.
Recommendation : To approve final payment in the amount of $9,487.15 to Smith
Contractors, Inc.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number 99-13-53-016; 13-53-16-6000
Sufficient Funds Ävallaole JUb-UUUu-öUJ. {!:I-UU
)1/1 ~h. C -t:. oJ
Department 1-!ead Signature
Finance Director
Budget Director
Page 1 of _
,
DeOtte, Inc.
CIVIL ENGINEERING
e July 1, 2003
Mr. Mike Curtis, P.E.
Director of Public Works
City of North Richland Hills
7301 NE Loop 820
North Richland Hills, Texas 76180
Re: Pay Estimate NO.3 revised (FINAL)
Jester Court Paving and Drainage Improvements
Dear Mr. Curtis:
I have received and reviewed the Application and Certification for Payment NO.3 from Smith
Contractors on the above referenced project. It was delivered last week by Alan Knapp from your
office. The application date is June 20, 2003. The last payment request I reviewed was
Application No.2, dated May 23, 2003.
.
I have visited the site on a final inspection with the Contractor, Stephen Smith, the inspector Allan
Knapp and Supervisor Scott Walker. The work appeared to be completed except for two small
items that were to be addressed by the Contractor. This direction was issued by Mr. Knapp. This
should be the final pay request and includes the remainder of the construction items and
retainage.
The work on the project, including change orders, has been completed and the work appears to
be in accordance with the plans and specifications.
I have reviewed the contract amounts listed in the request as submitted and find no errors in the
calculations submitted. The amount requested is $9,487.15. Please note that the total amount
paid to complete the work was $10,268.00 less than the total contract amount of $67,317.00.
The total contract amount anticipates costs to address possible utility and drainage conflicts that
never materialized on the site.
I recommend final payment for the completed work and held retainage in the amount of
$9,487.15.
If you have any questions, please contact me at your earliest convenience.
Sincerely,
DeOtte, Inc.
--
~. .1., . \ ~ ,'. '\\ I, (1v-V-
. . .-v-J v-:-. j) \y"'V
Richard W. DeOtte, P.E.
fax (817) 590-8600
2553 East Loop 820 North' Fort Worth. Texas 76118
(817) 589-0000
18 Jun 02 22:47:44 SundlY GIS No: flnlncI-017e-o2031 5 AMl: olp mlp.lml PLOT: Iquiri d.pI AND/OR .rtl
,..
l
J
I
I
,..
....
,
,..
,
I
I
/..
,
f
I
,-___, I
, ,.'
-
~~
",.
.~
'\
8;
I
~
a::
~
æ
.'~
.:~
~ I
ΕΎ u
(J '"
:::0
,." II
~
....
CJ fU
:::0
II
u
-= :M
iI.=-._"'I1I" ¡¡ ¡ ~ 11;\1i1C J jJ".
J t!;
RG¥AI;-<;'':\ I
Ii-
ø
/~\
Ci'
,..
V1
~
r:-
rr
(I')
<!)
,
riZ
25
~
J.I
j.
~
~
,,,,
$>
!;2
§
. -veNSHIRE-Ε~
~
z
I
:z
-+£IDE~-e-T
\
..
,¡;.
\
.".
..
~
C(C-A¡.
V't/tW-8R
i
z
I
scfui re Ct.
Dr¡ainage
Improvements
j
_IIAR:¡:vÆl!,L
- SeN-RB
1-
Squire Ct.
Drainage
Improvements
[
~
~
~
m
f
:ë
.;(
N
E
w
s
N$RTH
RICHLAND
HILLS
Z
..:J
*
~
z
SOIII: l' . 400'
Dlplrtmlnt of InformltJon Servlcel - Geogrlpblc Informltloa SYlt11ll1 IGISI
GIS_ dIIZ_---- _- Cl'DIWI'fAGE
78
CITY OF
NORTH RICHLAND HILLS
Department: PlanninQ & Inspections Department
Council Meeting Date: 7/28/03
Subject: Public Hearinç¡ to consider a reQuest from Marvin and Jill Agenda Number: PS 2003-27
Smith for the Approval of the Final Plat of lots 3R1 & 3R2, Block 2 Douglas Estates Addition
Phase II Located in the 7500 Block of Douglas Lane (.696 acres).
Case Summary:
The purpose of this plat is to subdivide the existing lot into two lots for the purpose of building
two single family residences.
Staff Review:
The Development Review Committee has reviewed the plat and has determined that it
complies with both the Zoning and Subdivision Ordinances. Attached is a memo from the
Public Works Department stating that all staff concerns have been addressed.
Public Hearing Requirement:
Residential replats, such as this, are required by the Texas Local Government Code to have a
public hearing prior to approval by the City Council. This replat has been properly advertised.
Current Zoning:
"R-1" Residential. Minimum 13,000 square foot lot size.
Thoroughfare Plan:
Both lots have frontage on Douglas Lane a 2-lane, collector street of 60' ROW.
Comprehensive Plan:
The Comprehensive Plan indicates low density residential uses for this area. The proposed
use is consistent with the Plan.
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission at their meeting on, June 19, 2003, recommended
approval of PS 2003-27 by a vote of 6-0.
Recommendation:
To Approve PS 2003-27 the Final Plat of Lots 3R1 & 3R2, Block 2 Douglas Estates
Addition Phase II
Finance Review
/
Account Number
Sufficient Funds AvaIlable
Finance Director
G0
?ltMfTr¡6~#
City Manager 1 e
"'--L--/
Review Schedule:
Application: 5/02/02
ClTYOF
NORTH RICHLAND HILLS
Final Hearing: 7/14/03
CITY COUNCIL ACTION ITEM
Total Review Time: 9 weeks
. nnl ~I.ð.~ IN .. ,.:;", .... ..
I
u-/
,
~r----<
i--
!/ -
)-
N
A
_.:_:~~~-s.~;S.· .
I Ij~
I ~
It
I-
e
::0
.
.
>- ~
- -~
g~
o
~~..~~.
~I'"
;!cn
(:I:
!~
.
C'
-
: ;..,-;-'..:.
'3R2
~
z
G)
m
~
r
r
m
-<
e
::0
~
,
~..........IIl..IN
l/?'
NI~H
PS 2003-27
FINAL RE-PLAT
LOT 3R1 & 3R2, BLOCK 2
DOUGLAS ESTATES
PHASE II
o
I
Prepared by Planning 06-09-03
200
400
600
" STARNES F
800 Feet
I
.
.
.
PS 2003-27
CONSIDERATION OF A REQUEST FROM MARVIN AND JILL SMITH FOR
THE APPROVAL OF THE FINAL PLAT OF LOTS 3R1 & 3R2, BLOCK 2 OF
DOUGLAS ESTATES ADDITION PHASE II LOCATED AT 7600 DOUGLAS
LANE
(2.980 ACRES).
APPROVED
Dave Green, Zoning Administrator, summarized the case. This is located on
Douglas Lane. This is a replat of a lot that is being divided into two lots for the
purpose of residential development. Staff has submitted a letter stating that all
concerns have been addressed and staff recommends approval.
Richard Davis, seconded by Brenda Cole, motioned to approve PS 2003-27.
The motion carried unanimously (6-0).
NI~H
CITY OF NORTH RJCHLA1'\JD HILLS
.
Public Works / Administration
May 21,2003
MEMO TO: Donna Jackson, Planner
FROM:
Andrea Jobe, EIT, Engineer Associate
RE:
DOUGLAS ESTATES; LOTS 3R 1 & 3R2, BLOCK 2
Final Plat - PS 2003-27
Public Works has reviewed the Final Plat submitted to this office on May 16, 2003. All
of Public Works' requirements have been met. We recommend placement on the next
Planning and Zoning meeting agenda. .
~
.
ARJ/pwm2003-120
Cc: Lance Barton, PE, Assistant Public Works Director
Dave Green, Zoning Coordinator
Greg Dickens, GSWW, via fax
.
PO Box 820609 * North Rich/and Hills, Texas 76182-0609
7301 Northeast Loop 820 * (817) 427-6400 * Fax (817) 427-6404
.
.
.
NOTICE OF PUBLIC HEARING
NORTH RICHLAND HILLS
CITY COUNCIL
CASE #: PS 2003-27
Marvin D. Smith and Jill A. Smith
Re-plat of Lot 3, Block 2 Douglas Estates Phase II
You are receiving this notice because you are a property owner of record within
200 feet of the above property.
Purpose of Public Hearina:
Pursuant to Section 212.015 of the Texas local Government Code, a public
hearing is being held to consider a request from Marvin D. Smith and Jill A. Smith
to re-plat the existing lot 3 of Block 2, Douglas Estates Phase II into lots 3-R-1 &
3-R-2- Block 2. The purpose of the re-plat is to create lots for single family
detached dwellings.
Public Hearina Schedule:
Public Hearing Date:
CITY COUNCil
MONDAY, July 28, 2003
7:00 P.M.
CITY COUNCil CHAMBERS
7301 N. E. lOOP 820
NORTH RICHLAND HillS, TEXAS
Time:
location:
Planning Department
City of North Richland Hills
7301 Northeast loop 820
North Richland Hills, Texas 76180
Phone (817) 427-6300 Fax (817) 427-6303
Smooth Feed Sheetsβ’
NORTFf R/CHLAND HILLS, CITY
OF
POBOX 820609
FORT WORTH TX
a180-0000
~OAN, JEFFREY K ETUX
CHRISTY
7616 DOUGLAS LN
FORT WORTH TX
76180-2103
SMITH, MARVIN D ETUX JILL A
PO BOX 821516
FORT WORTH TX
76182-1516
STARNES, GARY BERTRAM
7500 DOUGLAS LN
FORT WORTH TX
76180-2101
.
-.
ØAVERY®
Address labels
NORRIS, DON J
7600 DOUGLAS LN
FORT WORTH TX
76180-2103
FRESCH, CRAIG ETUX DEBORAH
7550 DOUGLAS LN
FORT WORTH TX
76180-2101
DIGIOVANNI, LOUIS P ETUX
LAURA
7524 DOUGLAS LN
NORTH R/CHLAND HILLS TX
76180-2101
Use template for 5160®
HODGSON,ROBERTAETUX
KAREN S
7612 DOUGLAS LN
FORT WORTH TX
76180-2103
SMITH, MARVIN D
7617 DOUGLAS LN
FORT WORTH TX
76180-2104
SMITH, JOSIE V
7601 DOUGLAS LN
FORT WORTH TX
76180-2104
laser
5160@
·
-
CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections Department
Council Meeting Date: 7/28/03
Subject: Public Hearing to Consider an Ordinance Restricting Agenda Number: GN 200~-O81
Garages in the R-4-D Zoning District to Side or Rear Entry. Ordinance No. 2713.
Case Summary:
Earlier this year both the Planning and Zoning Commission and the City Council denied a
request for Duplex District zoning at 8023 Starnes Road. Following the Council's denial of
the request, staff was directed to work with the Planning and Zoning Commission to review
the current duplex district requirements particularly in light of recent changes made to
other residential districts in terms of lot and dwelling size, garage entry, materials. . . etc.
Staff has reviewed the current requirements with the Commission along with viewing
pictures of existing duplexes and ordinances from adjacent communities. The issue
receiving the majority of negative comments concerned the design of most duplexes
whereby the garages are placed at the very front of the lot and entry doors are located
somewhat to the rear of the building. Other current requirements for minimum size of lot,
unit size, building setbacks. . . etc. were all considered to be adequate and proper. The
consensus of the Commission was that garage entry requirements should be revised to
permit only side or rear entry garages. This would reflect the recent changes to the R-3
District and would make the garage requirements for single family and duplex development
the same.
In response to the Commission's findings, staff prepared an Ordinance amendment
requiring all future duplexes to have either side or rear entry garages. Areas already
platted for duplexes would not be affected by this revision.
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission at their meeting on, June 19, 2003, recommended
approval of this amendment by a vote of 6-0.
RECOMMENDATION:
To approve Ordinance No. 2713 upholding the Planning and Zoning Commission
recommendation of approval.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
?-,
(_L/
~artment Head Si
Account Number
Sufficient Funds Available
c~
Finance Director
~!J~GxtØ-
! lty Manager i ture
.
.
.
18.
CONSIDERATION OF AN ORDINANCE REVISION CONCERNING GARAGE ENTRY
REQUIREMENTS FOR DUPLEX DEVELOPMENT.
APPROVED
Dave Green, Zoning Administrator, summarized the case. Due to previous cases, City
Council has concerns regarding duplexes and has requested that staff looks at the
requirements and revise them. The one thing that stands out the most is the front
entries of the duplex designs. It has been suggested that the requirements should be
side or rear entry, on duplex designs. The proposed ordinance is Ordinance 2713,
which takes the "R-4" duplex district and adds this language. "Within every subdivision
for which a plat is submitted for approval after July 1, 2003, only side or rear entry
garages shall be allowed." This makes it consistent up and down the line with the
duplex and single family uses. Staff is looking for a comment or a motion to approve
this as it stands in order to present this to City Council at their first meeting in July.
Chairman Bowen asked if the ordinance specifies somewhere exactly what side and
rear entry is? Dave Green responded yes.
Mr. Schopper stated that he believes this is an ordinance that is needed, but Mr.
Schopper is still not pleased with the current sizes of duplexes.
Ms. Cole stated that by moving the garages to the side or rear, the duplexes would look
like large houses from the street.
Chairman Bowen stated that this would be a better looking building, then called for a
motion.
Ted Nehring, seconded by Richard Davis, motioned to send to City Council for
consideration of an ordinance regarding garage entry requirements for duplex
development. The motion carried unanimously (6-0).
Page 11 6/19/03
P & Z Minutes
, ,
1
~
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
.
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
.
ORDINANCE NO. 2713
AN ORDINANCE AMENDING THE NORTH RICHLAND HILLS
COMPREHENSIVE ZONING ORDINANCE AND RESTRICTING GARAGES IN
R-4-D ZONING DISTRICTS TO SIDE OR REAR ENTRY; ESTABLISHING A
PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council has received the recommendations of the 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 of the 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 determined 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:
The Comprehensive Plan of the City of North Richland Hills and the North
Richland Hills Comprehensive Zoning Ordinance are hereby amended by
amending Subsection 420.D.5.b of such ordinance and adding a new Subsection
420.D.5.c to such ordinance to read as follows:
"Sec. 420.
R-4-D Duplex, R-I-S Special Single Family, R-6- T Townhome and R-
8 Single Family Detached Zero Lot Line Residential Districts.
D.
General Conditions.
5. Garage Entry Requirement.
Ordinance No. 2713
Page 1 of 3
1
1
~
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
--
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
.
Section 2:
Section 3:
Section 4:
Section 5:
b. R-4-D District: Within every subdivision for which a plat is
submitted for approval after July 1, 2003, only side or rear entry
garages shall be allowed.
c. R-6- T and R-8 Districts: None.
"
Any person, finn or corporation violating any provision of 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.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases ofthis ordinance are severable and, if
any phrase, clause, sentence, paragraph 0 r section 0 f this 0 rdinance 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.
The City Secretary is hereby authorized and directed to cause the publication of
the descriptive caption and penalty clause of this ordinance as an alternative
method of publication provided by law.
This ordinance shall become effective immediately upon publication.
AND IT IS SO ORDAINED.
PASSED AND APPROVED this 28th day of July, 2003.
ATTEST:
Ordinance No. 2713
Page 2 of 3
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
2
.
3
4
5
6
7
8
9
10
11
12
13
14
15
.
-
Patricia Hutson, City Secretary
Approved as to form and legality:
George A. Staples, Attorney
APPROVED AS TO CONTENT:
G/~~~~
Department . d
Ordinance No. 2713
Page 3 of 3
3
~ CITY OF
NORTH RICHLAND HILLS
Department: Police Department Council Meeting Date: July 28, 2003
Subject: 2003 Local Law Enforcement Block Grant and Setting Public. _
Hearing - Resolution No. 200~9
Agenda Number: GN 2003-088
The City is about to enter the process of applying for the 2003 Local Law Enforcement
Block Grant (LLEBG). If awarded, the grant will provide approximately $22,535.00, which
can be used in the Police Department to purchase much-needed equipment. The City's
matching funds amount on this grant is approximately $2,504.00. These funds are
available from the Federal and State forfeiture monies.
The grant process has several requirements that must be met before the funds may be
awarded:
First, the City Council must grant its formal approval to apply for the LLEBG grant and
name an agent to act for the City in its dealings with the United States Department of
Justice.
Second, the City Council must appoint an ad hoc LLEBG Advisory Board to make non-
binding recommendations pertaining to how the grant funds may be allocated and
expended. The grant requires that the board must include a member from each of the
following local organizations: the local law enforcement agency, prosecutor's office, court
system, school system, and a nonprofit group active in crime prevention or drug-use
prevention or treatment. Past appointees from these organizations to prior years' LLEBG
advisory boards have indicated that they would be willing to be re-appointed and serve on
the 2003 LLEBG Advisory Board.
Third, the City Council must schedule and hold a public hearing to allow public comment
and input on the recommendations for allocation of the grant funds that will be made by the
LLEBG Advisory Board.
Recommendation:
It is recommended that the City Council authorize application for the grant, appoint an
agent to act for the City relative to the grant, appoint an LLEBG Advisory board, and
schedule a public hearing on the grant by approving Resolution No. 2003-059.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Page 1 of -L
..
·
·
·
RESOLUTION NO. 2003-059
WHEREAS, the City of North Richland Hills, Texas possesses legal authority to
apply for the 2003 Local Law Enforcement Block Grant and make appointments for the
conduct of business relative to the Grant;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS,
THAT the filing of the application for the 2003 Local Law Enforcement Block Grant is
hereby authorized, and names Captain Sid Johnson of the Police Department to act as
the official agent and representative of the City in connection with the Grant application;
THAT the following individuals are hereby appointed to the Advisory Board for the 2003
Local Law Enforcement Block Grant:
1. Tom Shockley
2. Mike McEntire
3. Ray Oujesky
4. Mike Fritz
5. Roberta Ballister
THAT a Public Hearing on the recommendations made by the Local Law Enforcement
Block Grant Advisory Board for allocation and expenditure of the grant funds is
scheduled to be held August 25,2003.
PASSED AND APPROVED this 28th day of July, 2003
APPROVED:
Oscar Trevino, Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
1
CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections Department
Council Meeting Date: 7/28/03
Subject: Consideration of an Ordinance Amending Article I of Agenda Number: GN 2003-086
Chapter 20 of the Code of Ordinances prohibiting the Staining, Painting and/or Other
Permanent Marking of Public Sidewalks and Curbs.- Ordinance No. 2721.
Case Summary:
At Council's work session on July 14th, staff discussed the issue of painting of public
sidewalks. The issue was brought up by Councilman Welch following a recent newspaper
article concerning a sidewalk painting issue in Arlington. Staff researched the current
codes and discovered that there was no code to prevent an individual from painting a
public sidewalk or curb in North Richland Hills.
At the Council's direction, staff has prepared an Ordinance amending the section of the
Code of Ordinances involving streets and sidewalks. The amendment would prohibit an
individual from staining, painting or marking any public sidewalk or curb. Exceptions are
granted to public contractors or public utilities that need to mark utility locations. In
addition the ordinance does not prohibit individuals from painting property addresses on
the curb. The coloring or texturing of new or replacement sidewalks would also not be
prohibited
RECOMMENDATION:
To approve Ordinance No. 2721 prohibiting the Staining, Painting and/or Other
Permanent Marking of Public Sidewalks and Curbs.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds Available
~
~ .,! '~~Á~
-- Department d S' ture
Finance Director
CN
~Ci&~
.
·
ORDINANCE NO. 2721
AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 20 OF THE
NORTH RICHLAND HILLS CODE OF ORDINANCES PROHIBITING THE
STAINING, PAINTING AND/OR OTHER PERMANENT MARKING OF
PUBLIC SIDEWALKS AND CURBS; PROVIDING EXCEPTIONS;
PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING A PENALTY;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council desires to restrict the painting, staining or marking of public
sidewalks and curbs; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS:
Section 1:
·
Section 2:
Section 3
·
THAT Chapter 20 of Article I of the North Richland Hills Code of Ordinances
be amended by adding a new Section 20-5 to read as follows:
"Section 20-5. Sidewalk, Curb Painting, Staining or Marking Restricted.
No person shall permanently stain, paint or mark any public sidewalk or curb;
provided, however, this prohibition shall not be deemed to prohibit employees or
contractors of public agencies and public utilities from placing public markings or
location symbols or marking for utilities on such curbs and sidewalk, nor shall such
prohibition apply to address numbers painted on the curb of corresponding properties.
This prohibition shall not be deemed to restrict the color or texture of original or
replacement sidewalks."
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.
Any person, firm or corporation violating any provision of this ordinance shall
be deemed guilty of a misdemeanor and upon final conviction thereof fined in
an amount not to exceed Five Hundred Dollars ($500.00). Each day any such
violation shall be allowed to continue shall constitute a separate violation and
punishable hereunder.
·
·
·
Section 4
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.
Section 5
This ordinance shall be in full force and effect immediately upon passage.
AND IT IS SO ORDAINED.
PASSED AND APPROVED this _ day of July, 2003.
CITY OF NORTH RICHLAND HILLS
By:
ATTEST:
Oscar Trevino, Mayor
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, Attorney
ROVED AS TO CONTENT:
..
.
CITY OF
NORTH RICHLAND HILLS
Department: Parks and Recreation
Council Meeting Date: 7/28/03
Subject: Approve Chanqe Order NO.1 to the Construction Contract Agenda Number: GN 2003-084
With American Civil Constructors, Inc., in the Amount
of $62,464, for the Cotton belt Trail Project, Amend the CIP
Budget, Execute the Supplemental Agreement with TxDOT
and Approve Resolution No. 2003-061
Attached is a copy of Change Order NO.1 to the Cotton belt Trail construction agreement with
ACC, Inc., for the employment of flagmen as required by Ft. Worth and Western Railroad
(FWWR).
City Council awarded the construction agreement for the ISTEA grant funded project, jointly
designed and bid with the City of Colleyville, on November 25, 2002. A pre-construction
meeting was held on December 5, 2002, for the purpose of coordinating project start-up
requirements with representatives from DART, TxDOT, FWWR, the City of Colleyville, and
the contractor, ACC, Inc. During the meeting, Steve Baker with FWWR stated that the Federal
Railroad Administration (FRA) had recently adopted FWWR's new safety regulations which
include requirements for certified flagmen to be present during the course of any construction
activities within 25 feet of the railroad tracks.
Although DART owns the rail corridor, and our license agreement to use the corridor for
construction of the trail is with DART, FWWR is considered the railroad operator. While the
FRA has minimum safety requirements that we were aware of, regional railroad operators
may submit to the FRA more stringent regulations as they deem appropriate. Prior to the
award of the construction contract, neither DART nor FWWR had communicated these new
requirements to either North Richland Hills or the City of Colleyville. Once the regional
regulations have been adopted by the FRA, all public and private entities, including DART
must comply.
FWWR requires the use of their certified flagmen at a cost of $400 per day for each day of
construction at each location in which construction is occurring. Additionally, FWWR assigns
railroad personnel who are on light-duty (injuries, illness, etc.) to work as flagmen. If no light-
duty railroad personnel are available, the contractor is not allowed to work in areas within the
25' zone. This fact alone was an unacceptable condition which could have indeterminately
delayed the project. Since approximately 85% of the trail within North Richland Hills requires
flagmen to be present during construction, the resulting financial impact would have been
significant.
Finance Review
~ "5~~ {fv
De artment Head Si nature
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other Budget Director
Page 1 of 2
CITY OF
NORTH RICHLAND HILLS
In response, staff began exploring and developing alternatives which would allow us to satisfy
the new safety regulations without incurring the exorbitant costs for using FWWR's flagmen.
After weeks of negotiation between staff, representatives from the City of Colleyville, FWWR
and ACC, Inc., an agreement was reached which satisfies the needs of all parties involved.
FWWR agreed to our proposal to provide certification training to ACC's employees and allow
them to rent FWWR's railroad traffic control radios with the stipulation that these flagmen could
not perform any construction tasks while acting as flagmen. Without this agreement, based on
the length of the trail requiring FWWR flagmen at $400 per day, would have resulted in an
estimated cost to the city of $324,850. This negotiated agreement reduced the potential cost of
the project by $262,386.
The proposed change order amount of $62,464 represents the costs for training, rental of radio
equipment and the required personnel to perform flagman duties.
Since the flagman requirement resulted in this additional cost, staff evaluated potential options
to move forward with minimal financial impact to the City. Working closely with the
Transportation Department of the North Central Texas Council of Governments (NCTCOG),
staff was able to increase the current Cottonbelt grant by $100,000 as part of NCTCOG's
Strategic Program Initiative (SPI). The SPI was implemented by NCTCOG to cover shortfalls in
grant funded construction projects throughout North Texas and is funded by federal money not
spent in other CMAQ projects. The funding acquired through the SPI requires a $21,000 match
from the City of North Richland Hills. This represents 21 % of the total grant which is the same
city/federal split in the original Cotton belt grant. Given the additional $100,000 secured in grant
funding offsetting the cost of the flagmen and including the $21,000 matching share, the
anticipated savings to the city of $303,850.
The current amount of the construction contract is $2,184,170. Upon approval of this change
order in the amount of $62,464, the revised contract amount will be $2,246,634, which
represents approximately 2.8% of the total contract amount. The additional funding not
included in this change order will be available for use throughout the project should additional
needs arise.
The project budget for the Cottonbelt Trail must be amended to facilitate the change order.
There is currently funding available in the Miscellaneous Park Development CIP Account due to
a cost savings of $24,755 in the Brush and Tree Removal Project at Cross Timbers Park.
A Supplemental Agreement to the Local Project Advance Funding Agreement (LPAFA) with
TxDOT is required to revise the grant agreement to reflect the additional funding approved by
NCTCOG. The amendment will increase the City's financial responsibility to the project by
$21,000.
Recommendation:
To approve Change Order No. 1 in the amount of $62,464 to the construction contract with
American Civil Constructors, Inc., approve a CIP budget amendment reallocating $21,000 from
the Miscellaneous Park Development Account to the Cottonbelt Trail Project Account and
approve Resolution No. 2003-061 authorizing the City Manager to execute Change Order No. 1
and the Supplemental Agreement to the LPAFA with TxDOT.
CITY COUNCIL ACTION ITEM
Page 2 of 2
,
.
.
.
RESOLUTION No. 2003-061
BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH
RICHlAND HillS, TEXAS, that:
The City Manager is hereby authorized to execute Change Order #1 with American Civil
Constructors, Inc., Amend the CIP Budget, Execute the Supplemental Agreement to the
LPAFA with TxDOT, for the Cotton belt Trail, as act and deed of the City.
PASSED AND APPROVED this 28th day of July 2003.
APPROVED:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George Staples, City Attorney
APPROVED AS TO CONTENT:
~-3~
Jim Browne, Director of Parks & Recreation
Parks & Recreation Capital Projects
Cotton belt Trail Development
98-09-92-0410
PROJECT DESCRIPTION & JUSTIFICATION
This project provides for the design and construction of 4.1 miles of multi-use trail along the railroad right-of-way between
Browning and Precinct Line Road. It will include terminus points at Browning, east of Holiday Lane, and at the future Little
Bear Creek Trail at Precinct Line Road. The trail will be located on the south side of the railroad tracks within the DART
corridor. Connect will be provided to the Amundson / Main Neighborhood Park site, Calloway Trail, and Walkers Creek Trail.
The design and construction of this project is in coordination with the City of Colleyville, and upon completion will tie into an
existing trail in Grapevine. This project is an approved Intermodal Surface Transportation (ISTEA) / Congestion Mitigation and
Air Quality (CMAQ ) grant project, which was identified as a primary trail connection in the City Council approved 1993 City-
Wide Trail System Master Plan. The City's share of the project represents 21 % of the total project cost, with 79% of the total
PROJECT STATUS Original 2002/2003 Original 2002/2003
Start Date Revision End Date Revision
Construction 07/2002 OS/2003 07/2003 OS/2004
REVISION EXPLANATION
The Federal Railroad Administration (FRA) recently adopted Fort Wòrth and Western Railroad's new safety regulations which
include requirements for certified flagmen to be present during the course of any construction activities within 25 feet of the
railroad tracks.
Additional grant funding, in the amount of $100,000 was secured through NCTCOG. The City's 21% matching share is
$21,000. This budget amendment includes the anticipated grant revenue and expenditure.
FINANCIAL DATA
2002/2003 Total
Funding Source Amount to 2002/2003 Revised Remaining Project
Date Adopted Budget Budget Cost
Prior Funding Allocations:
Parks & Recreation Sales Tax $332,150 $30,100 $51,100 $0 $383,250
ISTEA CMAQ Grant Funds 503,342 859,408 $938.408 0 $1,441,750
Total $835,492 $889,508 $989,508 $0 $1,825,000
Project Expenditures
Engineering $274,522 $0 $0 $0 $274,522
Land/Right-of-Way 0 0 $0 0 $0
Construction (Williams Landscape) 362,620 1,087,858 $1,187,858 0 $1,550,478
Total $637,142 $1,087,858 $1,187,858 $0 $1,825,000
IMPACT ON OPERATING BUDGET
Nominal impact is expected.
CITY OF
NORTH RICHLAND HILLS
Department: Parks and Recreation
Council Meeting Date: 7/28/03
Subject:Approval of Athletic Fields ReQulation Ordinance NO.2722 Agenda Number: GN 2003-085
In an effort to protect and preserve our athletic game fields it is recommended that the City of
North Richland Hills adopt an ordinance that prohibits entry on closed or restricted athletic
fields. The Parks and Recreation Department has posted signs in an effort to restrict
practices and deter unauthorized use of game fields. These signs are ineffective because
there is not an ordinance to support the policy.
With limited practice fields available in other cities, teams from all over the northeast region
are practicing on our game fields. This kind of unrestricted use of athletic game fields
damages quality playing conditions and also increases the cost of maintaining and repairing
the overburdened fields.
Practice fields are available throughout the City for use by city youth sports associations.
Currently there are 11 softball/baseball backstops and 16 soccer/football practice areas. With
the opening of the new neighborhood parks we will add an additional eight backstops and
three soccer practice fields.
Several cities throughout the Metroplex have adopted similar ordinances including Grapevine,
Colleyville, Southlake, Arlington, Irving, Frisco, Denton, Piano, Lewisville and Mesquite.
The ordinance will prohibit entry on closed or restricted athletic fields; provide for the
placement of signs to prohibit unauthorized use, establish a penalty; provide for publication
and establish an effective date.
The Park and Recreation Board, at their June 2nd meeting, unanimously voted to forward the
proposed ordinance to City Council. The youth sports associations are also in support of the
ordinance which will help alleviate unauthorized use by teams outside the city and reduce
field deterioration.
Recommendation: To approve Ordinance No. 2722 regulating unauthorized use of athletic
fields
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds Avai a e
Budget Director
.~
c::>-;C-~ J\(.-I...-.. ~
I De~nt Head Signature
wi
Page 1 of 1
.
.
.
Athletic Fields Reaulation Ordinance NO. 2722
Attachment
Athletic Facilities Which Will Benefit From Proposed Ordinance:
Walker's Creek Park - 4 competition softball fields
Northfield Park - 3 competition adult softball fields
Richfield Park - 6 competition baseball fields
Fossil Creek Park - 3 competition softball fields
Green Valley Community Park - 8 competition soccer fields
Cross Timbers Park - 4 competition baseball fields
Practice Fields That Will Continue To Be Available:
Baseball/Softball Practice Fields
Eleven (11) practice backstops are available
Green Valley Community Park - 1
Linda Spurlock Park - 1
NRH20 -1
Holiday Lane Athletic Fields - 6
JB Sandlin Park - 1
Walker's Creek Park - 1
Soccer/Football Practice Fields
Sixteen (16) soccer practice areas are available
Holiday Lane Athletic Fields - 3
NRH20 - 1
Walker's Creek Park - 1
Richland Plaza - 11
New Neiqhborhood Parks
8 backstops
3 practice soccer fields
Total Numbers of Practice Facilities
Backstops for Softball/Baseball - 19
Soccer/Football practice fields - 19
.
ORDINANCE NO. 2722
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
.
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
.~
AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 17 OF THE CITY OF
NORTH RlCHLAND HILLS, TEXAS CODE OF ORDINANCES; CORRECTING
A PENALTY PROVISION AND PROHIBITING ENTRY ON CLOSED OR
RESTRICTED ATHLETIC FIELDS; PROVIDING FOR THE PLACEMENT OF
SIGNS TO PROHIBIT UNAUTHORIZED USAGE; ESTABLISHING A
PENALTY; PROVIDING FOR PUBLICATION AND ESTABLISHING AN
EFFECTIVE DATE
WHEREAS, it is become increasingly difficult to maintain quality and safe
athletic fields due to overuse and whereas it has come to the City's attention that persons
have been using athletic fields for practice without regard to Parks and Recreation policy,
posted signs, locked field gates or closure for maintenance or field conditions; and
WHEREAS, unauthorized usage is detrimental to the preservation and orderly
utilization of City of North Richland Hills athletic fields; and
WHEREAS, the City Council of the City of North Richland Hills Texas finds that
it is in the public interest to adopt regulations to prevent and penalize such unauthorized
usage; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
RlCHLAND HILLS, TEXAS:
Sec. 1: That Chapter 17 of the North Richland Hills Code of Ordinances be amended by
amending Section 17-8 thereof and adding a new Section 17-9, which amended and added
Sections shall read as follows:
"Sec. 17-8. Entry on Closed or Permit Only Athletic Fields
(a) It shall be unlawful for any person other than a city employee or a
contractor performing athletic field maintenance to enter upon a City of
North Richland H ills athletic field that has a sign posted "Closed due to
Maintenance/Fie1d Conditions."
(b) If a City of North Richland Hills athletic field has a sign posted "Field
use with pennit only" or similar language, it shall be unlawful for any
person other than a city employee, a contractor performing athletic field
maintenance to enter such field without having been issued a City of North
Richland Hills reservation pennit that states the dates and times of usage.
( c) The City Manager, or his designee, is authorized and directed to post
the signs provided for above on or adjacent to City of North Richland Hills
athletic fields.
Ordinance No. 2722
Page 1 of2
1
2
3
.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
~
Section 17-9. Penalty
Violation of this Article shall be punished by a fme not exceeding
$500.00 for each such violation,"
Sec. 2. Any person violating any provision section 17-8 of the Code of Ordinances as
herein amended shall, upon conviction, be fined a sum not exceeding $500.00.
Sec. 3: The City secretary is authorized and directed to cause publication of the
descriptive caption and penalty clause of this ordinance one time.
Sec.4: This ordinance shall become effective immediately upon publication.
PASSED AND APPROVED this the 28th day of July, 2003,
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO LEGAL FORM:
29
30
31
32
33
34
35
36
37
38
George Staples, City Attorney
APPROVED AS TO CONTENT:
Jim Browne, Parks and Recreation Director
.
Ordinance No. 2722
Page 2 of2
_.!It.. .I
CITY OF
NORTH RICHLAND HILLS
Department: City ManaQer
Subject: Revise Garbage Collection Ordinance #2715
Council Meeting Date: July 28,2003
Agenda Number: GN 2003-077
This is a follow up to the July 14 Council meeting at which time Council tabled item GN
2003-077. At the meeting Council directed Staff to work with Trinity Waste to resolve the
residential construction debris issues.
A brief recap of the issues. On February 23, 2003, Council approved ordinance #2688
which required that removal of trash and debris from residential construction sites was to
be provided by the City's solid waste franchise holder. It further stated that the only
permitted means of refuse disposal was a front-load (6 or 8 cubic yard) container or a roll-
off container with a frequency of at least once a week service. The ordinance also stated
that the use of companies other than the City's solid waste franchise holder for refuse
disposal was a violation of the ordinance.
As previously mentioned, several residential home builders had concerns about the
requirement to use Trinity Waste to haul their residential construction debris. They were
concerned because some of them haul their own residential construction debris while
others contract with third parties who clean the construction sites, load the debris into
containers, and haul off the containers of debris. There was concern that costs for
construction refuse would increase because instead of getting a "package deal" for
cleaning and hauling of debris, they would have to pay the third party to clean the site in
addition to paying Trinity to collect the debris. There were also concerns about Trinity
being able to quickly respond when the builder had special clean up needs.
Staff has met with representatives from Trinity Waste on several occasions to discuss the
issues. They initially believed that to allow anyone other than Trinity to haul the
construction debris was a violation of the contract between the City of North Richland Hills
and Trinity Waste. But, after much discussion, we have now arrived at a compromise.
City Attorney George Staples reviewed the contract to determine if allowing a "turn-key"
type of service would be a violation of the contract. Turn-key is defined as a "package"
service, provided by a company whose primary business is providing this service and it
involves placing their own containers (or using an approved container), having their own
employees clean up the construction site including depositing debris in the containers, and
who hauls off the debris. The City Attorney does not believe that allowing this type of
service would be in violation of the contract with Trinity Waste, especially since they do not
provide this same level of service.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
E~
Department Head Signature
Account Number
Sufficient Funds Ävallable
Finance Director
Page 1 of
~ .
CITY OF
NORTH RICHLAND HILLS
Attached is an ordinance drafted by the City Attorney that allows for "turn-key" residential
construction debris service, as long as this type of service is the primary business of the
company cleaning, clearing and hauling the construction debris and as long as they are
permitted by the City to provide this service. The ordinance also allows for an individual or
company constructing a residential homestead to haul their own debris, which is currently
allowed.
The charge to operate this type of service in the City will be $25 for a builder to haul their
own debris, $25 for providers that haul debris by means other than a metal container and
trash truck and $100 per year plus $15 per residential unit they are servicing for those
providers that have their own metal containers and use trash trucks. These charges were
derived at the approximate cost that Trinity pays for franchise fees for commercial garbage
collection. In addition, the ordinance establishes a permit fee for collection of recyclables
that the City's franchise holder does not recycle. The fee for this is $100 per year.
Currently, recycling of materials that are not collected by Trinity Waste is allowed, but there
is not a fee for it.
Additionally, the ordinance removes the front load and rolloff container requirement as the
only means of collecting debris. It allows debris to be collected and stored on site as long
as the container is enclosed on all sides and has a secure cover adequate to prevent
debris from blowing or being scattered. No debris can remain on site over night without
being within such a container. The ordinance also defines that residential construction is a
single family home or duplex. Multi-family housing is considered to be commercial.
It is Staff's belief thatthe ordinance modifications outlined in Section 11-14 provide a
reasonable solution to allowing home builders to either clean and haul their own
construction debris or hire a third party contractor whose primary business is to clear,
clean, and haul residential construction debris, if they are permitted. For those who just
want and need hauling services, the current solid waste contractor, Trinity Waste, is
available to simply haul and dispose of the construction debris. The ordinance also
protects Trinity Waste from other garbage contractors coming into the City and infringing
on their contract. No other garbage contractor could collect and dispose of the residential
construction debris.
Staff discussed with Trinity Waste the concerns about chemical toilets. Trinity assured us
that they are still in the chemical toilet business and that they developed the bid for the
solid waste contract with the revenues for chemical toilets considered. There are concerns
that there could be a violation of the contract to change the chemical toilet requirement,
therefore they are not addressed in the attached ordinance.
Recommendation
Approve Ordinance #2715 revising the North Richland Hills code of ordinances for
garbage collection to allow for turn-key trash hauling at residential construction sites.
CITY COUNCIL ACTION ITEM
C_""" ,,4=
e
ORDINANCE NO. 2715
AN ORDINANCE AMENDING CHAPTER 11 OF THE NORTH RlCHLAND
HILLS CODE OF ORDINANCES TO CLARIFY REGULATIONS
CONCERNING GARBAGE AND WASTE DISPOSAL; ESTABLISHING
OBLIGATIONS, DUTIES, AND RESPONSIBILITIES FOR RESIDENTIAL
AND COMMERCIAL GARBAGE COLLECTION; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE
CLAUSE; A SEVERABILITY CLAUSE; AUTHORIZING PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the accumulation of garbage and trash on the premises of residences and
businesses, institutions and commercial enterprises, and in the streets of the
city constitutes a public menace and nuisance, and greatly increases the danger
of the spread of disease;
WHEREAS, the city deems garbage collection to be such an important city service for
protecting the public health that residential garbage collection by the city itself
or through its contractor is required of all residences within the city limits;
WHEREAS, it is necessary to adopt regulations governing the collection of garbage and
trash to protect the health and safety of the citizens of North Richland Hills;
e
WHEREAS, the city has the authority, pursuant to its police power, to enforce payments for
garbage and trash collection by imposing a fine. Grothues v. City of Helates,
928 S.W.2d 724 (Tex. App.-San Antonio 1996, no writ); and
WHEREAS, the City Council finds that it is in the best interests of citizens to adopt
regulations for the collection of garbage and trash from premises within the
city; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS:
Section 1:
THAT Articles I and II of Chapter 11 of the North Rich1and Hills Code of
Ordinances is hereby amended to read as follows:
"ARTICLE I. IN GENERAL
Sec. 11-1.
Short Title.
This Chapter shall be known as the "garbage disposal ordinance" of the city.
Sec. 11-2.
Definitions.
e
e
The following words, tenns and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meamng:
Brush means tree and shrub trimmings which are not easily placed in disposable containers.
City Manager shall mean the city manager appointed by the city council of North Richland
Hills or the designee of the city manager charged with responsibilities to oversee and execute
this agreement. '
Commercial containers means metal containers supplied by city's contractor affording
adequate capacity to serve a customer in a manner so as to prevent spillage, unsightly or
unsanitary conditions.
Curbside means within six (6) feet of the curb street bearing the customer's address.
Customer class means a type of customer with characteristics, service provisions and rates
separately identified. The individual customer classes are:
e
(1) Residential curbside service;
(2) Residential elective carry-out service
(3) Residential senior citizen curbside service;
(4) Residential senior citizen elective carry-out service;
(5) Special on-call brush collection service;
(6) Commercial curbside service;
(7) Commercial front-end loader service;
(8) Commercial roll-off scheduled service;
(9) Commercial roll-off temporary service; and
(10) Commercial compactor service.
Debris means dirt, concrete, rocks, bricks, lumber, plaster, or other waste building materials.
Disposable container means any plastic bag, cardboard box with a capacity or volume of
thirty three (33) gallons or less and which is capable of containing garbage, waste or trash
without leaking or emitting odors, and which weighs, when loaded, less than fifty (50)
pounds.
Elective carry-out service means pickup of refuse placed behind the building line, visible
from the street on which the primary residence fronts and accessible without entering a gate
Garbage means refuse animal or vegetable matter (as from a kitchen or food-processing
facility), ashes or any other household waste which is damp or capable of emitting noxious
odors.
e
e
Hazardous wastes means all fecal materials, oil, sludge, any radioactive, pathological, toxic,
acidic or volatile materials, or any chemical compound mixture, substance, or article which is
designated by the EPA or appropriate agency of the State of Texas to be "hazardous,"
"containment," or "pollutant" as such tenns are defined by or pursuant to federal or state
laws.
Permanent container means any closed waterproof plastic or metal container with a capacity
of thirty three (33) gallons or less and which is capable of containing solid waste or trash
without leaking or emitting odors and which weighs, when loaded, less than fifty (50) pounds.
Recyclable materials means:
(1 ) Newspapers, magazines, catalogs, junk mail, cardboard, paper bags or other paper not
wet or contaminated with food products or other matter;
(2) Glass bottles and jars (excluding mirrors, windows, ceramics and other glass
products); ,
(3) Rinsed metal cans composed of tin, steel or aluminum (excluding scrap metal); and/or
(4) Plastic containers such as milk jugs, soft drink bottles, detergent bottles and any other
plastic bottles with recycling symbols 1,2,3,4,5 or 7.
Recycling container means the eighteen (18) gallon container provided by the city's
contractor for the collection of recyclable materials.
e
Senior citizen means a resident who is 65 years of age or older.
Solid waste means refuse, animal or vegetable matter (as from a kitchen or food processing
facility), tin cans, bottles, sacks, clothes, extinguished ashes, paper (not including heavy
accumulations of newspapers and magazines) and any other household waste which is damp
or capable of emitting odors.
Trash means all household refuse other than solid waste, debris, brush, household furniture
and appliances. Trash shall include grass clippings, leaves, weeds, heavy accumulations of
newspapers and magazines, old clothes and other household trash, but shall not include
hazardous waste.
Yard waste means grass or shrubbery cuttings clippings, leaves, tree limbs and other materials
accumulated as a result of the care oflawn, shrubbery, vines and trees. Yard waste does not
include food wastes from gardens such as fruit or vegetables.
Section 11-3. Containers.
( a) It shall be the duty of every owner, agent, lessee, tenant or occupant of any premises
in the city to provide and use containers sufficient in number to hold the solid waste and trash
accumulating on such premises.
e
(b) Every customer shall keep all solid waste and trash containers in use securely closed
in such a manner as to prevent the scattering of the contents and to make them inaccessible to
insects, rodents and other animals.
e
(c) Recycling containers shall be used exclusively for recyclable materials. No other
container shall be used for curbside collection of recyclable materials.
Section 11-4. Residential collection; conditions and container placement.
Solid waste, trash and recyclable materials shall be placed as follows:
(1) All solid waste shall be placed in either securely closed disposable or
pennanent containers as defined herein.
(2) Containers shall be placed either at the curbside on the street bearing the
customer's address, or as required for elective carry-out service, if the customer has
agreed to pay for this service.
(3) Trash, excluding wet materials or material which will cause disagreeable
smells, shall be placed at curbside on the street bearing the customer's address in
disposable containers in such a manner as to prevent such trash from being scattered.
e
(4) Solid waste and trash shall not be placed at curbside more than twelve (12)
hours prior to the day of pickup. All containers shall be placed at the foregoing
prescribed locations not later than 7 :00 a.m. on the day of scheduled collection, if they
are to be picked up, or alternate day if the scheduled pickup day falls on a holiday.
Containers shall be removed from the curbside before the day following scheduled
collection, or alternate day if the scheduled pickup day falls on a holiday.
(5) All garbage or trash mixed with water or other liquids shall be drained before
being placed into a garbage or trash container.
(6) No recycling container should be so loaded as to weigh more than fifty (50)
pounds.
(7) Recyclable materials containing water or other liquids should be drained
before being placed in a recycling container.
(8) Recycling containers should be placed at curbside before 7:00 a.m. on the day
scheduled for recycling pickup prior to the time therefor.
(9) Recycling containers shall not be placed at curbside more than twelve (12)
hours before the scheduled recycling collection day or alternate day if the scheduled
pickup day falls on a holiday.
(10) Recycling containers shall be placed and maintained so that their contents are
not scattered by wind.
e
Section 11-5. Handling of yard waste.
e
If any yard waste cannot be placed in disposable containers, it shall be cut in lengths not to
exceed four (4) feet and shall be trimmed, tied in bundles and stacked at curbside to a Þ.eight
of not more than three (3) feet with the larger ends placed toward the street. Normal yard
waste and trash pickup will not take brush or trash occupying more than sixty-four (64) cubic
feet, whether loose or in bags. All vines and thorny bushes shall be placed in disposable
containers, and no item shall weigh more than fifty (50) pounds. A customer may receive a
special pickup upon request for an additional charge, depending on the quantity of material to
be removed.
Section 11-6. Charges.
(a) Each residential water customer shall be billed for curbside recycling
collection service provided every other week and for twice weekly solid waste and trash
collection service.
(b) The charge for residential solid waste, trash and recycling customers shall be
as set forth in the contract for the class of service to such customers with the city's contractor,
plus all applicable taxes.
.
(c) Charges shall accrue for each and every month or portion thereof during which
such service is available and provide to the customer. Such charges shall be billed through
the city's utility billing department and shall be subject to the same late payment penalty rate
or early payment discount rate as are such water bills.
Section 11-7. Wastes from building operations.
(a) Debris, as that term is defined in this chapter, or other trash resulting from
construction, major remodeling, general clean-up of property or resulting from a sizable
amount of trash and debris being cleared in preparation for construction, will not be removed
by the city's contractor as a regular service. Such construction waste shall not be stored on
site except in an approved enclosed covered container. Such container may be metal, plastic
or other material as long as it is enclosed on all sides and has a secure cover adequate to
prevent debris from blowing or being scattered. No debris shall be allowed to remain on site
unless it is within such a container. The owner will have debris and trash removed at his
expense, by either his own crew, the city contractor, or, for residential construction sites,
provide the service by a waste removal contractor permitted by the city.
(b) Alternatively, if waste is generated from construction, operation, or repair,
including re-roofing, such debris may be loaded directly onto trucks of the company doing the
operation or repair and removed as long as it does not remain on the premises overnight.
e
Section 11-8. Customer to see that containers are emptied.
Every customer is hereby required to maintain supervision and surveillance over solid waste
and trash containers on his premises and to call the city contractor if such customer has been
missed. If, after having been timely placed for collection, the containers are not collected or
emptied and the contents removed as may be applicable, and after the city contractor has been
contacted within twenty-four (24) hours of scheduled collection, the customer shall notify the
city by calling city hall and reporting the non-collection.
e
Section 11-9. Prohibited acts.
(a) It shall be unlawful for any person to sweep, throw or deposit any solid waste,
trash, debris, stagnant water or dead animal into, upon, or along any public property or private
property of another, except as may be specifically provided by this chapter.
(b) It shall be unlawful for any person owning or otherwise in control of any
premises within the city to permit any ofthe conditions described in subsection (a) to exist
upon property owned or controlled by him after having actual or construction notice thereof.
(c) It shall be unlawful for any person to place in any container any hazardous
waste or material other than as specifically provided in this chapter.
(d) It shall be unlawful for any person to deposit or maintain solid waste or trash
except as provided for by this chapter.
( e) It shall be unlawful for any person to deposit any burning match, charcoal,
ember or other material in any container used for the disposal of solid waste or trash.
-
(f) It shall be unlawful for any person, firm or corporation to remove any
recycling container or item contained therein after it has been placed at curbside for
collection, save and except occupants of the premises, duly authorized agents or employees of
the city, and persons acting pursuant to a contract with the city for residential curbside
recycling collection.
Section 11-10. Nonresidential customers - duties.
It shall be the duty of the owner or person otherwise in charge of commercial,
institutional or industrial premises within the city to cause all solid waste and trash
accumulated on the premises to be placed in either a garbage can with a tight-fitting lid or,
with the approval of the city manager or his designee, in disposable containers, if in his
opinion such disposable containers will not create a nuisance. Cans and disposable containers
shall be placed at a location on the premises which is readily accessible to the collector and
approved by the city manager or his designee. Commercial-type containers may be used and
may be placed at a location on the premises as arranged between the customer and the
collector, but subject to review by the city at any time.
Section 11-11. Collection of waste; charges.
e
(a) Frequency of collection. The collection and removal of solid waste and trash
from houses, buildings and premises used for commercial, institutional or industrial purposes
shall be made as often as necessary in order to maintain the premises free of such
accumulations. Solid waste, except dry trash in contractor-supplied containers, shall be
collected not less than one (1) time each week, except for roll-off containers which shall not
be subject to this provision so long as they are used solely for brush and dry trash.
e
(b) Charges. Commercial, institutional and multi-family residential complex
customers may utilize commercial-type containers provided by city's contractor. The type,
size and frequency of collection shall be subject to city approval based on need to prevent
health hazards and nuisance to adjacent properties. The charge for the various types of
service and containers for residential, multi-family and non-residential customers shall be as
set forth in the contract with city's contractor, plus all applicable taxes.
Section 11-12. Payment of collection charges.
The charges fixed in Section 11-16 for the removai and disposal of all solid waste and trash
shall be entered by the city against the customer and shall be collected as charges for other
city services. Any person who shall fail or refuse to pay the specified charge within sixteen
(16) days from the date of any bill containing an arrears balance shall have his solid waste
and trash service, as well as all other city-billed services suspended, and the city manager
shall be notified immediately for appropriate action. The city utility billing department and
the city attorney are hereby authorized to act as agents for the city in the collection of such
charges.
Section 11-13. Manner of collection, transportation.
.
(a) The collection, removal and disposal of all solid waste, trash and yard waste
shall be carried on in a systematic, efficient manner to keep the city in a clean and sanitary
condition.
(b) All vehicles used for the collection and transportation of solid waste and trash
shall be equipped with suitable covers which shall be used to prevent blowing or scattering of
refuse while solid waste and trash are being transported for disposal.
Section 11-14. Permit- required for private collection.
(a) No person shall collect, remove or dispose of solid waste containers or trash
receptacles, or conveyor transport solid waste or trash on the streets, alleys and public
thoroughfares of the city except duly authorized agents or employees of the city and persons
acting pursuant to a contract with the city for public collection and disposal of solid waste,
trash and yard waste; provided, however, for single family and duplex residential construction
sites, waste may be removed as permitted by Sec. 11-7 but if waste is stored in containers
overnight, the company or individual constructing the building or a company or individual
whose primary business is the clearing, cleaning and removal of residential construction
debris may, upon application and compliance with this section, obtain a permit to collect,
remove and dispose of solid waste from residential construction sites. Provided further, this
section shall not apply to the transportation of solid waste, trash or brush from outside the city
to a disposal site outside the city, nor to wastes removed pursuant to Section 11-7(b).
e
(b) Issuance of permit. A permit shall be issued upon application to the building
inspection office for the collection and transportation of solid waste and trash allowed by this
Chapter, using the permittee's own vehicles, equipment and personnel. In order to obtain a
permit for the clearing and removal of residential construction debris, the applicant must
.
certify that the applicant: 1) owns the containers used to hold and transport construction
debris; 2) will provide personnel to clear and clean the construction site and place
construction debris in approved containers; and 3) does not engage in the business of
removing, hauling or transporting solid waste other than residential construction debris.
(c) Permit fees. The fee for a permit hereunder for individuals and companies
hauling from sites where they are constructing the building shall be $25.00 per year. The fee
for a permit hereunder for companies or individuals whose primary business is the clearing,
cleaning and removal of residential construction debris using metal containers shall be $100
per year plus $15 per residential unit for construction debris hauled from all residential
construction sites.
Section 11-15. Recycling - multifamily, commercial and industrial users.
.
Multifamily, comrriercial and industrial establishments generating waste which the city's
contractor recycles must utilize the services and recycling containers provided by the city's
contractor. Multifamily, commercial and industrial establishments generating waste which is
not recycled by city's contractor may utilize such recycling haulers as such establishments
may choose after providing evidence that such materials are being hauled to a legitimate
recycling facility and that city's contractor will not recycle such material. No such hauler
shall be allowed to operate in the city without a permit issued by the building inspection
office. A fee of $100 shall be collected as a condition of permit issuance. All recyclable
materials collected and stored on the site where such materials age generated shall be placed
in a metal or plastic container with a different color than those used for other waste and which
has thereon a painted sign or symbol designating such container for recyclables.
Section 11-16. Charges for Garbage and Recycling Services.
(a) A charge shall be made to each water customer of the City for solid waste
collection and disposal. For residential customers, such charge shall include an amount for
recycling service. All other businesses requiring solid waste collection shall be charged as
well, whether or not they are water customers. All such charges shall be the amount provided
in the contract between the city and its contractor for the class of service plus applicable sales
taxes.
(b) Garbage and recycling service shall be billed with water and sewer utility bills
and customers and shall carry the same delinquent penalties as such utility bills. City will not
accept a payment which does npt include all billed amounts unless a payment plan is in effect.
ARTICLE II. CONTRACT FOR COLLECTION
e
Sec. 11-51. Contract Required.
e
Except as provided by this Code, no person, firm or corporation shall collect solid waste,
refuse, trash, rubbish or debris within the city limits of the city without having first obtained
from the city council, under the provisions of this Article, a contract for such purpose. Unless
such contract provides for a specific tenn, it shall be cancellable by the city without penalty.
Sec. 11-52. Application.
An application for a contract to collect and dispose of solid waste, trash, refuse, rubbish and
debris and to collect recyclable materials within the city limits shall be made in writing to the
city council in response to specifications prepared by the city manager or his designee, and
shall state the terms, rates, conditions of service, and shall address such other matters and
provide such documentation of any required permits, insurance and bonds as the city manager
or his designee shall request.
Sec. 11-53. Commercial and residential collection required.
No contract shall be considered unless the contractor will provide residential collection as
well as commercial collection.
.
Sec. 11-54. Choice of contractors.
Selection of a contractor to provide service under this article shall be within the sole
discretion of the city council and need not be awarded strictly on the basis of price. The city
council may consider any factors it deems appropriate, including, but not limited to, the
potential disruption of service from a change of contractor, customer satisfaction, size of
vehicles, record of performance in this or other cities, rate preferences to residential
customers, financial responsibility, availability of waste disposal sites, recycling rates, and
responsiveness to the specifications or request for proposals."
Section 2.
Section 5-53.1 of the North Richland Hills Code of Ordinances is hereby
amended to read as follows:
"Section 5-53.1 Residential Construction Refuse.
.
Sanitation services shall be provided at all residential construction sites in accordance with
city ordinance requirements. Except as provided by Chapter 11 of the North Rich1and Hills
Code of Ordinances, removal of trash and debris from residential construction sites shall be
provided by the City's solid waste contractor. It shall be the responsibility of the developer
or builder to arrange and compensate the solid waste contractor for this service. The use of
any company or individual other than the City's solid waste contractor for the purpose of
disposing of construction refuse is a violation of this ordinance unless the company or
individual used has a permit under Section 11-14 of the City Code and is constructing the
.
building or has a primary business which involves the cleaning, clearing and removal of
residential construction debris."
Section 3:
Section 4:
Section 5:
.
Section 6.
Section 7:
Section 8:
e
Any person, firm or corporation violating any provision of this ordinance shall
be deemed guilty of a misdemeanor and upon final conviction thereof fined in
an amount not to exceed two thousand dollars ($2000.00). Each day any such
violation shall be allowed to continue shall constitute a separate violation and
punishable hereunder.
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 of the 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 fmal
disposition by the courts.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of Ordinances of the City of North Richland Hills, Texas, as amended,
except when the provisions of this ordinance are in direct conflict with the
provisions of such ordinances and such Code, in which event, the conflicting
provisions of such ordinances and such Code are hereby repealed.
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
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.
This ordinance shall be in full force and effect immediately upon passage and
publication.
.
AND IT IS SO ORDAINED.
Passed and approved this 28th day of July, 2003.
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:
Department Head
e
.#
f-'
CITY OF
NORTH RICHLAND HILLS
epartment: Administration
Council Meeting Date: July 28, 2003
Subject:
Adopt Ordinance No. 2723 Denyinq TXU Gas
Rate Increase
Agenda Number: GN 2003-089
On May 23,2003 TXU Gas filed a statewide gas increase throughout all of its areas in
Texas. Its average impact to a North Richland Hills resident would be about $3.33 per
month, which is a 6% increase. A typical commercial customer would see an increase of
about $2.43 per month, which represents about a 1 % increase.
On June 23, 2003, the City Council took action to suspend the rate increase and
authorized the City to participate with other cities in working toward satisfactory evaluation
of this filing by TXU Gas. 123 cities in Texas have passed the suspension resolution
similar to ours and have formed a joint coalition and steering committee. The coalition is
being referred to as the Allied Coalition of Cities (ACC). This coalition represents 63% of
all TXU customers in the state, and if Dallas decides to join with about 234,000 customers,
it would represent about 80% of all customers, as well as 80% of total sales volume. Also,
46 other cities have taken similar action.
This ordinance represents an agreement between TXU Gas and the ACC. With the denial
that this ordinance puts into effect, the Coalition has negotiated a 300 day period to work
through the Railroad Commission to resolve this rate case. During this time it is hoped
that the findings regarding the rate proposal will be completed and can be accepted by the
gas company and approved by the Railroad Commission so that we can have rates that
are appropriate for the costs associated with the gas company.
Should you have any questions regarding this matter, please contact Greg Vick.
Recommendation:
Adopt Ordinance No. 2723 denying the TXU Gas rate increase.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds Ävallable
Finance Director
P::!n¡:> 1 ('If
-
.
.
ORDINANCE NO. 2723
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
DENYING TXU GAS COMPANY'S REQUEST TO CHANGE RATES IN
THIS MUNICIPALITY, AS A PART OF THE COMPANY'S STATEWIDE
GAS UTILITY SYSTEM; PROVIDING A REQUIREMENT FOR A
PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY;
FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS
PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND
PROVIDING FOR NOTICE OF THIS ORDINANCE TO TXU GAS
COMPANY
WHEREAS, on or about May 23, 2003, TXU Gas Company (the "Company") filed with
the City of North Richland Hills ("City"), a Statement of Intent to change
gas rates in all municipalities within the Company's statewide gas utility
system effective June 27, 2003;
WHEREAS, the City has previously extended the effective date of the Company's rate
filing; .
WHEREAS, the City has exclusive original jurisdiction to evaluate the Company's
Statement of Intent as it pertains to the distribution facilities located within
the City, pursuant to Texas Utilities Code §§ 102.001 (b) and 103.001;
WHEREAS, the Texas Utilities Code § 103.022 provides that costs incurred by the City
in ratemaking activities are to be reimbursed by the regulated utility;
WHEREAS, the City is participating with a coalition of over 120 other Cities in
opposition to the Company's filing at the Railroad Commission, said
coalition being known as Allied Coalition of Cities ("ACC"), in GUD No.
9400 pending at the Commission;
WHEREAS, ACC and the Company have reached a procedural agreement regarding
the schedule for processing GUD No. 9400 that includes TXU's
concession to allow one hundred fifteen (115) additional days to process
the rate case and ACC's commitment that member Cities expedite the
process of getting city action appealed to the Commission;
WHEREAS, ACC and TXU jointly endorse the City's denial of the Company's rate
application pending before the City;
WHEREAS, counsel for ACC, upon review of the Company's filing and upon
consultation with various consultants, recommends findings that the
Company's proposal is unjustified and unreasonable; and NOW,
THEREFORE,
..
~
.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS TEXAS:
Section 1. The Company's Statement of Intent to change gas rates within the City, as
part of the Company's statewide gas utility system, is found to be
unreasonable because: (a) TXU's requested return on equity is excessive,
generating more than 86% of the requested increase in rates; (b) the basis
for TXU's proposed consolidations (of regional distribution systems and of
pipeline costs with distribution costs) has not been established; (c) the
City's jurisdiction to increase pipeline rates has not been established and,
therefore, the proposed pipeline cost increases should be disallowed; (d)
revenue requirements should be reduced rather than increased; and (e)
the TXU filing should be denied pursuant to agreement with the Company;
and is therefore denied in all respects.
Section 2. The costs incurred by the City in reviewing the Company's application be
promptly reimbursed by the Company.
Section 3. This Ordinance shall become effective immediately from and after its
passa'ge, as the law and charter in such cases provide.
Section 4. That 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.
Section 5. A copy of this ordinance, constituting final action on the Company's
application, be forwarded to the appropriate designated representative of
the Company within 10 days as follows: Autry L. Warren, Director Gas
Regulatory, TXU Business Services, 1601 Bryan Street, Dallas, Texas
75201-3402.
AND IT IS SO ORDAINED.
Passed and approved this 28 day of July, 2003.
CITY OF NORTH RICHLAND HILLS
By:
ATTEST:
Oscar Trevino, Mayor
Patricia Hutson, City Secretary
. APPROVED AS TO FORM:
George Staples, City Attorney
·
CITY OF
NORTH RICHLAND HILLS
epartment: Administration
Council Meeting Date: 7/28/03
Subject: Amendment to Council Rules of Procedure Agenda Number: GN 2003-082
Pertaining to Citizens' Presentations - Ordinance No. 2720
During a recent Pre-Council meeting, the City Council expressed their desire to change the
procedure for Citizens' Presentation. In order to make the changes requested by Council,
it is necessary to amend the Council Rules of Procedure. Subsequently, at the last council
meeting, Ordinance No. 2720 was introduced into record by Resolution No. 2003-055 as
required by the Rules of Procedure. The Council approved Resolution No. 2003-055
ordering that the Ordinance be placed on the July 28 City Council agenda for consideration
and approval. The attached ordinance incorporates the revisions requested and discussed
by Council at the two previous meetings.
Recommendation:
To approve Ordinance No. 2720
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds ÄvallaDle
Department Head Signature
Finance Director
P~ap. 1 of 1
-
ORDINANCE NO. 2720
AN ORDINANCE AMENDING SECTION 2-23(e)(8) OF THE NORTH
RICHLAND HILLS CODE OF ORDINANCES AND THE CITY COUNCIL
RULES PERTAINING TO CITIZEN COMMENTS PORTION OF CITY
COUNCIL MEETINGS TO PROVIDE FOR SUCH COMMENTS TO BE
SCHEDULED PRIOR TO ACTION ITEMS FOR THE COUNCIL.
WHEREAS, the City Council desires to accommodate citizens who desire to address the
council on non-agenda items by allowing their comments at the beginning
rather than the end of meetings; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS:
Section 1:
THAT Section 2-23(e)(8) of the North Richland Hills Code of Ordinances be
amended to read as follows:
e
"(8) The citizens' comments portion of the City Council meeting is set aside
for members of the public to address the City Council on any item of '
business that is not fonnally scheduled on the agenda or scheduled as a
public hearing. Members of the public should complete a public
meeting appearance card prior to the item being heard and present it to
the City Secretary. Prior to opening the meeting to such comments, the
Mayor shall state generally the restrictions on such comments as
contained in these rules. Citizens' comments are generally pennitted at
the beginning of the regular City Council meeting, after ceremonial
items, as specified on the agenda. Presentations shall be limited to two
(2) minutes each. Citizens' comments shall be limited to a cumulative
total not to exceed twenty (20) minutes for all speakers. If such
comments exceed such limit the council may extend such time or hear
them after other business has been completed. Presentations under
citizens' comments are limited to items within the subject matter of the
jurisdiction of the City. Citizen comments concerning matters which
are scheduled for consideration by the Councilor another City Board or
Commission at a later date will not be allowed. In compliance with the
Texas Open Meetings Act, the City Council may not deliberate or vote
on any matter raised in citizens' comments, except for the purpose of
detennining whether such matter should be placed on a future City
Council agenda. The Mayor, however, may request the City Manager
to provide additional infonnation on a matter of general interest to the
full City Council, the public at large and to the citizen making the
comment."
-
Ordinance No. 2720
Page 1 of2
..
e
AND IT IS SO ORDAINED.
Passed and approved this 28th day of July, 2003.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
e
George A. Staples, Attorney
APPROVED AS TO CONTENT:
Department Head
e
Ordinance No. 2720
Page 2 of2
,
'I
..,
CITY OF
NORTH RICHLAND HILLS
Department: Economic Development
Council Meeting Date: 7/28/03
Subject: Consider Appointments to Economic Development
Advisory Committee
Agenda Number: GN 2003-083
CASE SUMMARY:
In 1998 the North Richland Hills City Council created an Economic Development Advisory
Committee to maintain good communications with the City's employers and receive
feedback on how NRH could continue to be a catalyst for expanding our local economy.
The committee meets on a quarterly or as needed basis and does not require local
citizenship. All members represent the business community and come from small and
large employers in service/office, manufacturing, retail, medical, banking, new car dealers,
entertainment/tourism, commercial brokers and developers.
Currently the Economic Development Advisory Committee has 9 members. Five
committee members have expiring terms at the end of July.
RECOMMENDATION:
City Staff recommends the following appointments to the Economic Development Advisory
Committee. All recommended appointments are current members with the exception of
Mike Rigby who would be a new member. These terms would run from August 2003 to
August 2005.
Janet Golightly
Jim Makens
Small Retail
Commercial Broker/
Developer
Large Service
New Car Dealership
Banker
Owner of Golightly's Gallery
Owner of The Makens Company
Phil Myhra
Alan Young
Mike Rigby
Exec. VP of UICI
Owner of Alan Young Pontiac, Buick, GMC
President of Liberty Bank
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds AvaIlable
~R~
Department Head Signature
Finance Director
GN 2003- New Appointments to ED Committee
Page 1 of 1
.'
.
North Richland Hills
Economic Development Advisory Committee
Advísor~ Commíttee Members
NAME. bU51NE.55 ¡HONE. & FAX TE.RM E.XFRIE.S
Laurie Dunlop Manager Phone 589-2236 August 2004
(Entertainment/Large North Hills Mall Fax 284-9730
Retail) 7624 Grapevine
Highway
NRH, TX. 76180
Janet Golightly Owner Phone 656-9780 August 2003
(Small Retail) Golightly's Gallery Fax 485-9762
5505 Davis Blvd.
NRH, TX. 76180
Jim Makens Owner Phone 571-4114 August 2003
(Commercial Broker) The Makens Company Fax 540-1583
2300 Airport Freeway,
Suite 230
Bedford, TX. 76022
Randy Moresi CEO Phone 255-1100 August 2004
(Medical) North Hills Hospital Fax 255-1991
4401 Booth Calloway
Road
NRH, TX. 76180
Phil Myhra Exec. VP-UICI Phone 255-3100 August 2003
(Large Service) 9151 Grapevine Hwy Fax 255-8380
NRH, TX 76180
Dan Quinto Developer Phone 410-5710 August 2004
(Developer) HomeTown NRH Fax 410-5757
1111 S. Main St. #111
Grapevine, TX 76051
Linda Timmons President Phone 498-3200 August 2004
(Manufacturer) Bates Container, Inc. Fax 428-0779
6433 Davis Blvd.
NRH, TX 76180
Alan Young Owner Phone 589-3300 August 2003
(New Car Dealership) Alan Young Buick Fax 589-3324
7724 Grapevine Hwy
NRH, TX 76180
VACANT
.
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 7/28/03
Subject: Appointment to Teen Court Advisory Board - Place 4 Agenda Number: GN 2003-087
The position of Place 4 on the Teen Court Advisory Board is vacant. Councilwoman
Johnson is recommending that Mr. Doug Stamps be appointed to fill the unexpired term of
Place 4.
Recommendation:
To consider the appointment of Mr. Doug Stamps to Place 4 on the Teen Court Advisory
Board, term expiring 6/30/2004.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds Ävallable
~dóuaæ ~
Department Head Signature
Finance Director
P::¡oe 1 of 1
.
.
.
Announcements and Information
July 28, 2003
Announcements-Council Member Metts
Reaistration for Fall Recreation Classes begins on August 1 st. You should be
receiving the next Time of Your Life brochure in the mail in the next couple weeks,
which will outline the classes available.
National Niaht Out is Tuesday, August 5th. Contact the NRH Police Officers and have
them join you and your neighbors as you come out against crime. Neighborhoods are
encouraged to turn on their individual front porch lights and visit with their neighbors as
a preventive way to stop crime. For further information, call 817-427-7000.
The Recreation Center will be hosting a Recreation Celebration on Saturday, August
9th. This will be a fun time for families to gather at the Recreation Center to register for
fall classes and also learn more about the Recreation Center. There will be free Group
Fitness and Jazzercise Classes that day, Class Demonstrations, Meet Our Instructors,
25 cent hot dogs and drinks, Bounce House, Clowns, Face Painting, Free Chair
Massages, Register for Giveaways and much more. For details, please contact the
Recreation Center at 817-427-6600.
Information
Auaust 1
Dive In Movie
NRH20 Water Park
9:00 p.m.
Auaust2
Critter Connection
North Hills Mall
10:00 a.m. - 6:00 p.m.
Kudos Korner
Every Council Meeting, we spotlight our employees for the great things they do.
Jack Thompson, David Lopez, Jay Carter, Paul Burgeson, Tim Brown and Bob
Mahon, Public Works Department - A letter was received from the mayor of a
neighboring city expressing heartfelt thanks for assisting in the installation of the shoring
equipment which allowed for the successful rescue of a trapped man in a muddy
trench.atter a cave-in.