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Home My WebLink AboutCC 2002-06-24 Agendas ;¡} " CITY OF NORTH RICHLAND HillS PRE-COUNCll AGENDA JUNE 24, 2002 - 6:00 PM For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. Discuss Items from Regular June 24, 2002 City Council Meeting (5 Minutes) 2. I R 2002-090 Discuss Action on Certain Final Plats (10 Minutes) 3. IR 2002-091 Regulation of Tow Truck Services - Agenda Item No. 11 (20 Minutes) 4. *Executive Session - The Council may enter into closed Executive Session to discuss the following: . Deliberation Regarding Economic Development Negotiations as authorized by Government Code §551.087 - Economic Development Negotiations for Park Land and Related Improvements . Consultation with City Attorney as authorized by Government Code §551.071 - Report on Pending Litigation - ABC Wrecker vs. NRH *Closeddue to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. 06/24102 City Council Agenda Page 1 of 5 CiÞ ~¡., DII8 ~~ \0 ~t'Y\ TIme &Uk CItY s.a-:" ,_ J. ~ tþ.:.,/ P\ ~ ~ 81) ~ · - CITY OF NORTH RlCHLAND HillS CITY COUNCIL AGENDA JUNE 24, 2002 - 7:00 PM For the Meeting conducted at the North Richlsnd Hills City Hall Council Chambers 7301 Northeast Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session conceming 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 Secreta.ry'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 - Mayor Pro T em Metts 3. Pledge - Mayor Pro T em Metts 4. Special Presentation a) Yard of the Month - Presented by Kathy Luppy, Beautification Commission Chair & Councilman Whitson b) Recognition of Enviro Camp Volunteers - Councilman Turnage 5. Removal of Item(s) from the Consent Agenda 06124/02 City Council Agenda Page2of5 ~ , " NUMBER ITEM ACTION T AKE'N 6. Consent Agenda a. Minutes of the Special Meeting June 4, 2002 b. Minutes of the Pre-Council Meeting June 10,2002 c. Minutes of the City Council Meeting June 10, 2002 GN .2002-071 d. -Authorizing Application for 2002 Local Law Enforcemen.t Block Grant, Appointing Advisory Board and Settin,g Public Hearing Date - Resolution No. 2002-053 GN 2002.Q72 e. Authorize the City Manager to Execute an Agreement with B1SD for Construction and Maintenance of Neighborhood Parks on Elementary School Property - Resolution No. 2002- 055 GN 2002-073 f. Approve License Agreement with DART for the Iron Horse Golf Course Cart Path Crossing under the Cotton Belt Line (Mile Post 626.19) - Resolution No. 2002-056 GN 2002-074 g. Vacate and Abandon a Waterline Easement on Block 1, Lot 1, Aegon Office Park Addition - Ordinance No. 2633 GN 2002-075 h. Hotel/Motel Tax Ordinance Revision- Ordinance No. 2632 PU 2002-025 i. Contract with Tarrant County for Collection of City Property Taxes- Resolution No. 2002-058 06124/02 City Council Agenda Page 30f5 NUMBER ITEM ACTION TAKEN 6. Consent Agenda Items - continued PU 2002-026 j. Authorize Purchase of Personal Safety Equipment for Fire Department from Grace Industries in the Amount of $30,000 PW 2oo2...Q09 k. Award of Bid to Green Scaping, LP in the Amount of $227,895.80 for Rumfield Road, Phase III Miscellaneous Improvements PAY 2002-005 I. Approve Payment in the Amount of $570,000 to the Texas Department of Transportation for the Rute Snow DrivellH 820 Bridge Project PAY 2002-006 m. Approve Final Pay in the Amount of $29,510.49 to SRO General Contracting, Inc. for Rumfield Road, Phase III Utility Adjustments I GN 2002-077 n. Approve Detention Storage Maintenance Agreement with Summit, Bank for Brentwood Estates, Block 1! Lot 1 - Resolution No. 2002-054 7. GN 2002-076 Youth Advisory Committee Year End Report 8. PS 2002-026 Consideration of a Request from Dunaway & Associates Inc. for the Approval of the Final Plat of Lots 6R & 7R, Block 1, Wal-Mart Addition (Located at 8412 and 8416 Davis Boulevard; 2.19 acres) 9. PZ 2000-38- Public Hearing to Consider the Request· by Rev. 1 Guion Gregg for a Revision to the Approved Wal-Mart Planned Development Site Plan (Located at 8412 Davis Boulevard; 1.55 Acres) - Ordinance No. 2634 06/24102 City Council Agenda Page 4 of5 4r NUMBER ITEM ACTION TAKEN 10. PZ 2000-38- Public Hearing to Consider a Request by Rev. 2 Murphy Oil Company for a Revision to the Approved Wal-Mart Planned Development Site Plan (Located at 9101A North Tarrant Parkway; 0.58 acres) - Ordinance No. 2635 11. GN 2002-078 Regulation of Tow Truck Services - Ordinance No. 2630 12. GN 2002-079 Creation of Municipal/Court of Record- Ordinance No. 2631 13. GN 2002-080 Appointments to the Citizen Capital Improvement Study Committee 14. PU 2002-027 Authorize City Manager to Execute Contract with Waters Consulting Group to Perform a Compensation and Classification Study - Resolution No. 2002-057 15. a) Citizens Presentation b) Information and Reports 16. Adjournment 06/24/02 City Council Agenda Page 5 of 5 ~,,~ ... ~ii !.O ~ W'\ Time ~ðt:r,,~þ av . ._., .. ..~'- , 4t .. INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 1R2002-90 ~ ~ Date: ~ Subject: June 24,2002 Certain Final Plats on Consent Agenda Mayor Pro Tem, Fr~nk Metts, requested that we place a discussion item on the Pre-Council Agenda regarding the possibility of including certain final plats on the Consent Agenda for action. It is our understanding that Mayor Pro Tem Metts is interested in seeing that routine type of plats that have met all of the conditions of the subdivision ordinances and other codes of the City and have no outstanding or incomplete items be placed on the consent agenda for action and that the applicants for such final plats would not be required to make presentations at the Council Meeting. From the staffs point of view, we would not see a problem with placing these types of plats on the Consent Agenda, if all conditions are met and there are no outstanding features. This would especially be helpful for amended plats where only a small item, such as a property line shift of a few feet, would be needed and no other major issues are prevalent. Of course with any item on the Consent Agenda, the final plat could also be removed for any discussion or questioning, should that occur. L The purpose of this item is simply to discuss the philosophy of this and to determine whether or not Council would want to follow this approach. We will be prepared to discuss this at Pre- Council Meeting. Respectfully Submitted, ~JT Larry J. Cunningham City Manager LJC/ag (,-- ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2002-091 ~ Date: T Subject: June 24,2002 Revisions to Tow Truck Services Ordinance (Item 12. GN 2002-078) In order to be in compliance with state and federal requirements regarding tow truck services, it is necessary to repeal our old ordinance and approve a new one. This is an item for action on the City Council Agenda. At the Pre-Council meeting, Chief Tom Shockley will be making a general presentation to give you an overview of the Tow Truck Services Ordinance and where the major changes are. In the next several weeks, and hopefully prior to the Budget Worksession in August, we will plan to present recommendations regarding the City's operation of the Auto Impound Facility. The approval of this new Tow Truck Services Ordinance will not mandate keeping or eliminating the City's Auto Impound, so we do not want to get this confused with the fact that if we pass it, it will not require us to keep or eliminate the Auto Impound. That is a separate decision that we will make at a later time. 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[S ~ ~ ~ N Q) Q) ..¡j Co) ~~ .~ 0 Cd Co) ~ S "'CI p., o ã 15 ~ .~ ~1d Q) ~ .~ Co) .~ ~ .~ U 0 ]~b1} uc2~ . = ~ \C N CP CJ == . .$ " a. o '- " CP . rIJ rIJ . ~ ~ ~ ~ .~ ~ ~rfl Q).-Q u ~ ª .~ .s ~ ""'0 u ~ ã o .~ ~~ u S 2 0 ~ u ~ 0 o ~ . :: . ,..; ~ . ~ ~ \.\, .-Q~~ ~ .~ ~ ~u~ o ~ ~ Q) ::s ""'0 bJJ 0 ~ ~ bJJ~ 00 ~ ~ oo.~ \"J ~ ~ ~ ~.,.D~ . .-Q t o BZ ÞS .~ ~ ~ · ~ ""'0 .,.D ~ ~ ~ r- rJ:1 ~ ~ .~ ~ rJ:1 .~ ~ u u .~ Q) t: ~ ~ ~ 00 .~ ~ ~u ~ 2 CJ5 .~ ~ ~ .,.D >.~ .~ b ~ Q)~""'O ~ ~ ~ > bJJ ~ ~ ~ ~ ¿@ã] <s~ . ~--~-_...._----- · · · = Q .. ....- = QJ ....- ....- ~ ;.. = Q ~ ;... cS = Q ~ ~ = ~ ~ ~ YARD-OF-THE-MONTH June, 2002 AREA 1 John & Susan Bush, 4608 Lariat Sherry Morgan AREA 2 Jim Lockhart, 6700 Riviera Jerry Hilliard, Judge AREA 3 Duane & Beverly Lasater, 6050 Circleview Dr. Tammy Joyce, Judge AREA 4 Bill & Ann Wiseman, 5617 Guadalajara CherS. Paris,Judge AREA 5 Brian & Andrea Dew, 5605 Cork Ln. Rhonda Dolan, Judge AREA 6 Keith & Jackie Foss, 7541 Steward Lane Charlie & Jerry Smith, Judge AREA 7 Victor & Bonnie JUry, 8308 Thistle Tracy Andrews, Judge AREA 8 Louis & Laura Diqiovanni. 7524 Douqlas Lane Scott Wood, Judge AREA 9 Glenn Martin, 8100 Beverly Theresa Hampton, Judge Texas SmartScape of the Month Laura Hunter, 5012 Ridqeview Court §pecial Presentations Council Member Scott Turnaae is going to recognize volunteers of this year's Enviro Camp. The camp is described below along with leaders of this year's camp. Enviro Camp Northeast Environmental Team (NEET) is a non-profit organization of volunteers devoted to environmental preservation through education. One of the annual NEET activities is Enviro Camp. On June 11-13, twenty-six day campers (4th & 5th graders) spent three fun filled days learning about the environment and the history of the pioneers. The camp was held at the BISD Environmental Study Center across from Haltom High School. Activities included a pioneer simulation, old fashion games, a water study, a field trip to BRIT (Botanical Research Institute of Texas), a speaker on pioneer life and more. We want to recognize this year's leaders: Emily Ward Fran Burns Ruby Dillon **Debbie York, Environmental Resources Coordinator for NRH Camp Director Kathy Luppy. Other NEET members volunteered as well as Master Gardener Interns. MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HilLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - JUNE 04,2002 - 6:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order June 04, 2002 at 6:00 p.m. Present: Charles Scoma T. Oscar Trevino, Jr. Lyle E. Welch Scott Turnage Frank Metts, Jr. JoAnn Johnson David Whitson Joe D. Tolbert Staff: Larry J. Cunningham Patricia Hutson Alicia Richardson ROLL CALL Mayor Mayor Pro Tern Councilman Councilman Councilman Councilwoman Councilman Councilman City Manager City Secretary Assistant City Secretary 2. INVOCA TION The invocation was given by City Manager Cunningham. 3. PLEDGE OF ALLEGIANCE Mr. Cunningham led the pledge of allegiance. 4. GN 2002-057 CANVASSING JUNE 1, 2002 MUNICIPAL RUN-OFF ELECTION RESOLUTION NO. 2002-045 APPROVED The canvass of the June 1, 2002 Municipal Run-off Election for office of Mayor was presented. City Council Minutes June 04, 2002 Page 2 RESOLUTION NO. 2002-045 Whereas, Article V, Section 6, of the North Richland Hills Charter requires that a majority vote must be received in order to be elected to the offices of Mayor and City Council Member; and Whereas, no majority vote was received by any candidate for the office of Mayor at the May 4,2002 election, and a run-off election was held on June 1,2002; and Whereas, the City Council has met and canvassed the votes cast in such run-off election; and Whereas, such canvass shows the following results: Mayor: Russ Mitchell Oscar Trevino Number of Votes 1,207 1,605 Now, therefore, be it resolved by the City Council of the City of North Richland Hills, Texas: Section 1: That the above canvass be and the same is hereby approved. Section 2: That Oscar Trevino is hereby declared to have been elected to the office of Mayor to serve until May of 2004, or until his successor is duly elected and qualified. COUNCILWOMAN JOHNSON MOVED, SECONDED BY COUNCILMAN WHITSON, TO APPROVE RESOLUTION No. 2002-045, GN 2002-057. MOTION TO APPROVE CARRIED 7-0. 5. GN 2002-058 OATH OF OFFICE Miss Vanessa Trevino administered the oath of office to Oscar Trevino. City Council Minutes June 04, 2002 Page 3 7. ADJOURNMENT Mayor Trevino adjourned the meeting at 6:13 p.m. Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820 - JUNE 10, 2002 - 5:50 P.M. Present: Oscar Trevino Lyle E. Welch Scott Turnage Frank Metts, Jr. JoAnn Johnson David Whitson Joe D. Tolbert Mayor Councilman Councilman Councilman Councilwoman Councilman Councilman Larry J. Cunningham Steve Norwood Greg Vick Patricia Hutson Alicia Richardson George Staples John Pitstick Larry Koonce Mike Curtis Jenny Mabry Jim Browne Andy Jones Dave Pendley Kirk Marcum Ashley Stathatos City Manager Assistant City Manager Assistant City Manager City Secretary Assistant City Secretary City Attorney Director of Development Finance Director Public Works Director Communications Director Parks & Recreation Director Fire Chief Building Official Assistant Fire Chief Marketing & Research Coordinator ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Trevino called the meeting to order at 5:50 p.m. DISCUSS ITEMS None. FROM REGULAR JUNE 10, 2002 CITY COUNCIL MEETING IR 2002- 088 Mr. Dave Pendley briefly reviewed the proposed NAN DISCUSSION OF Building, Fire and Energy Codes. Mr. Mark NEW BUILDING, Alexander, Chair of the Technical Review FIRE, AND Committee, was present to answer questions ENERGY CODES concerning changes to the codes. Council was advised that there were no significant changes to the Building and Fire Codes. The Energy Code is a new code mandated by Senate Bill 5. Pre Council Minutes June 10, 2002 Page 2 IR 2002- 087 Mr. Dave Pendley presented a powerpoint NAN DISCUSSION OF presentation briefing the Council on the purpose PROPOSED and the regulations contained in the proposed SUBSTANDARD ordinance. In response to Council questions, BUILDING Staff advised that the Substandard Buildings REGULA TIONS- Board would be replacing the existing Board of ORDINANCE NO. Appeals. Staff is aware of one other ordinance 2629 - AGENDA that will be affected by changing the name and ITEM NO. 13 function of the Board. The appeal process for the Food Establishment Ordinance is to the Board of Appeals. Staff will be working with the City Attorney to address and clarify the appeal process for the Food Establishment Ordinance. Councilman Metts advised that he would like to see the City perform basic inspections for code compliance when a home changes ownership. Staff advised that a program was under consideration for apartments, motels, etc, but that home ownership changes were not included. IR 2002 - 086 Ms. Ashley Stathatos briefed the Council on the JOHN P. I STEVE N. DISCUSSION OF activities planned for this year's Northeast 2002 4TH JULY Family Fourth. Council viewed a powerpoint CELEBRA TION presentation on the sponsorship of the event and the different events and activities planned at Birdville Stadium, The Crossing and Blue Line Ice. IR 2002 - 083 Mayor Trevino advised Council he would to PA TRICIA I JENNY DISCUSS share the presentation of ceremonial items with PROCEDURES FOR all of the Council members. Mayor Trevino PROCLAMATIONS explained that for the presentation of AND OTHER proclamations he would like to summarize the CEREMONIAL presentation, rather than read the entire ITEMS proclamation. Council members who receive requests for proclamation or presentations would make the presentation. Council was in favor of Mayor Trevino's new procedures for handling ceremonial items. Pre Council Minutes June 10, 2002 Page 3 IR 2002 - 084 Mayor Trevino explained he would like to PATRICIA DISCUSS implement a system to insure Council PROCEDURES FOR representation at all special events such as ATTENDING ribbon cuttings, ground breakings, meetings, RIBBON etc. Mayor Trevino suggested a schedule be CUTTINGS, developed for one or two council members to GROUND sign up for a month and be responsible for BREAKINGS AND attending events for that month. If the assigned OTHER BUSINESS Councilperson is unable to attend, the AND CITY EVENTS Councilperson will be responsible for finding a replacement. As in the past, all Council members are still invited and welcome to attend all events. Council members were in favor of implementing the new procedure for attending events and a sign up sheet will be sent out for Council to begin signing up. ADJOURNMENT Mayor Trevino announced at 6:33 p.m. that the Council would adjourn to Executive Session to deliberate regarding real property as authorized by Government Code §551.072 for park land - acquisition in Park Zone 16. Mayor Trevino announced at 6:50 p.m. that the Council would adjourn to the regular Council meeting, Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - JUNE 10,2002 -7:00 P.M. 1. CALL TO ORDER Mayor Trevino called the meeting to order June 10, 2002 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Lyle E. Welch Scott Turnage Frank Metts, Jr. JoAnn Johnson David Whitson Joe D. Tolbert Mayor Councilman Councilman Councilman Councilwoman Councilman Councilman Staff: Larry J. Cunningham Steve Norwood Greg Vick Patricia Hutson Alicia Richardson George Staples City Manager Assistant City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney 2. INVOCATION Councilman Whitson gave the invocation. 3. PLEDGE OF ALLEGIANCE Councilman Whitson led the pledge of allegiance. 4. SPECIAL PRESENTATIONS SUMMER SANTA PRESENTATION - Dave Lieber of the Fort Worth Star Telegram and Dan Gannon, Fire Department employee presented the Police and Fire Departments with a trophy. Award was for City Council Minutes June 10,2002 Page 2 officers who volunteered for the miniature golf tournament to benefit the Summer Santa program. 5. GN 2002- 070 ELECTION OF MAYOR PRO TEM COUNCILWOMAN JOHNSON MOVED TO APPOINT COUNCILMAN METTS AS MAYOR PRO TEM. COUNCILMAN TURNAGE SECONDED THE MOTION. Motion to approve carried 6-0. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 7. CONSENT AGENDA APPROVED A. MINUTES OF THE PRE-COUNCIL MEETING MAY 28,2002 B. MINUTES OF THE COUNCIL MEETING MAY 28,2002 C. GN 2002-068 RATIFY EMERGENCY REPAIRS IN THE AMOUNT OF $43,000 FOR LITTLE BEAR CREEK CONCRETE CHANNEL LINER (GARY DRIVE AND NORTHFIELD DRIVE) D. GN 2002-069 PARTIAL RELEASE OF UTILITY EASEMENT-RESOLUTION NO. 2002-051 (LOT 1, BLOCK 3 MEADOWVIEW ESTATES) E. PU 2002-023 AUTHORIZE EXTENSION OF CONTRACT WITH BADGER METER, INC.- RESOLUTION NO. 2002-048 F. PU 2002-024 AUTHORIZE CONTRACT EXTENSION FOR MISCELLANEOUS CONCRETE IMPROVEMENTS TO BARBARA'S CONCRETE-RESOLUTION NO. 2002-047 G. PW 2002-008 AWARD BID FOR 2002 MISCELANEOUS STREET SUBGRADE STABILIZATION PROJECT TO TMD AND ASSOCIATES IN THE AMOUNT OF $88,316 - RESOLUTION NO. 2002-046 City Council Minutes June 10, 2002 Page 3 H. PAY 2002-004 APPROVE FINAL PAY ESTIMATE IN THE AMOUNT OF $3,246.35 TO ROADWAY SOLUTIONS, INC. FOR THE HOLIDAY LANE AT TRINIDAD DRIVE TRAFFIC SIGNAL Councilman Whitson moved, seconded by Councilman Tolbert to approve the consent agenda. Motion to approve carried 6-0. 8. PS 2002-21 PUBLIC HEARING TO CONSIDER A REQUEST FROM REBEL PROPERTIES III LTD. FOR THE APPROVAL OF A RESIDENTIAL REPLAT OF LOTS 14-18, BLOCK 1 GLENWYCK VILLAS ADDITION (LOCATED IN THE 6400 BLOCK OF GLENVIEW DRIVE; APPROXIMATELY 1.25 ACRES) APPROVED Mr. Mark Wood, representing Rebel Properties, presented the request for a replat. Mr. John Pitstick, Director of Development, summarized the case and presented the recommendations of the Planning & Zoning Commission and staff. The Planning and Zoning Commission recommended approval of PS 2002-21 on May 9,2002. The Council approved all of the proposed Glenwyck Villas Addition at their meeting on May 28,2002 except for Lots 14-18, Block 1, because state law required that a public hearing be held when the number of residential lots is increased over that approved by the original plat. The replatting of Lot 1, Block 3 into Lots 14-18, Block 1 Glenwyck Villas Addition increases the number of residential lots and requires a public hearing. Staff has notified property owners within 200 feet of the proposed additional lots. Mayor Trevino opened the public hearing and called for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN WHITSON MOVED TO APPROVE PS 2002-21, FINAL PLAT OF LOTS 14-18, BLOCK 1, GLENWYCK VILLAS ADDITION. COUNCILMAN WELCH SECONDED THE MOTION. Motion to approve carried 6-0. City Council Minutes June 10, 2002 Page 4 9. PS 2002-22 CONSIDERATION OF A REQUEST FROM ERNEST HEDGCOTH FOR THE APPROVAL OF THE FINAL PLAT OF LOT 2-R1, BLOCK 5, OF THE RICHLAND OAKS ADDITION (LOCATED AT 8725 AIRPORT FREEWAY; 1.979 ACRES) Mayor Trevino advised because applicant was not present to present the item, it would be held until later in the meeting. 10. GN 2002-059 ORDINANCE ADOPTING 2000 INTERNATIONAL FIRE CODE AND 2002 SUPPLEMENT TO THE INTERNATIONAL FIRE CODE - ORDINANCE NO. 2625 APPROVED Mr. David Pendley, Building Official, and Fire Chief Andy Jones, briefed the Council on the proposed ordinance adopting the 2000 International Fire Code and 2002 Supplement. The Code will replace the 1991 Uniform Fire Code and is designed to work with the 2000 International Building Code. COUNCILMAN TOLBERT MOVED TO APPROVE ORDINANCE No. 2625. COUNCILMAN WELCH SECONDED THE MOTION. Motion to approve carried 6-0. 11. GN 2002-060 ORDINANCE ADOPTING 2000 INTERNATIONAL BUILDING CODE- ORDINANCE NO. 2626 APPROVED Mr. David Pendley, Building Official, presented the proposed ordinance adopting the 2000 International Building Code. COUNCILMAN TOLBERT MOVED TO APPROVE ORDINANCE No. 2626. COUNCILMAN WHITSON SECONDED THE MOTION. Motion to approve carried 6-0. Mayor Trevino recognized Mr. Mark Alexander and The Technical Review Committee for their work on the adoption of the new codes. City Council Minutes June 10, 2002 Page 5 12. GN 2002-061 ORDINANCE ADOPTING 2000 INTERNATIONAL ENERGY CONSERVATION CODE AND 2001 SUPPLEMENT TO THE INTERNATIONAL ENERGY CODE - ORDINANCE NO. 2627 APPROVED Mr. David Pendley, Building Official, presented the proposed ordinance adopting the 2000 International Energy Code and the 2001 Energy Conservation Code Supplement. Senate Bill 5 mandated the adoption and enforcement of the International Energy Code by September 1, 2002. MAYOR PRO TEM METTS MOVED TO APPROVE ORDINANCE No. 2627. COUNCILMAN WHITSON SECONDED THE MOTION. Motion to approve carried 6-0. 13. GN 2002-062 ORDINANCE ADOPTING SUBSTANDARD BUILDING REGULATIONS AND ESTABLISHING A SUBSTANDARD BUilDING BOARD - ORDINANCE NO. 2629 APPROVED Mr. David Pendley, Building Official, presented the proposed ordinance adopting the substandard building regulations and establishing a Substandard Building Board. Councilman Tolbert asked staff to check at the bottom of page 4, the word *"insanitary premises". Councilman Tolbert felt it might not be the correct word/verbiage. *Note - City Attorney reviewed verbiage and concluded that it was correct. COUNCILWOMAN JOHNSON MOVED TO APPROVE ORDINANCE No. 2629 WITH THE ADDITION OF A CLAUSE THAT WOULD BE INSERTED INTO SECTION 5-91 "THE CITY COUNCIL MEMBER WHOSE PLACE NUMBER COINCIDES WITH THE NUMBER PLACE ON THE BOARD SHALL HAVE THE RIGHT TO NOMINATE A PERSON TO SERVE IN THAT PLACE AND ACTUAL APPOINTMENT WILL BE SUBJECT TO THE APPROVAL OF CITY COUNCIL." COUNCILMAN TOLBERT SECONDED THE MOTION. Motion to approve carried 6-0. 14. GN 2002-063 ORDINANCE CREATING A CONSTRUCTION CODE APPEALS BOARD - ORDINANCE NO. 2628 APPROVED City Council Minutes June 10, 2002 Page 6 Mr. John Pitstick, Director of Development, advised that the proposed ordinance creates a Construction Code Appeals Board that will serve as administrative support. Each Code previously adopted requires an appeal process. In lieu of creating a separate board for plumbing, electric, fire and building board, Staff has combined it into one Construction Code Appeals Board. The board is required to have technical support and is required to have one master electrician, licensed master plumber and master mechanical contractor. Staff is proposing to use existing Board of Appeals members. Council was advised that the ordinance will be changed to reflect that the odd place terms will expire in odd numbered years and the even numbered place terms will be expire in even numbered years. In lieu of creating a separate board for plumbing, COUNCILWOMAN JOHNSON MOVED TO APPROVE ORDINANCE No. 2628 WITH THE PROVISION THAT VERBIAGE BE ADDED TO SECTION 5-11 TO REFLECT THAT THE BOARD WILL BE RECOMMENDED BY STAFF AND APPROVED BY CITY COUNCIL. COUNCILMAN TOLBERT SECONDED THE MOTION. Motion to approve carried 6-0. 15. GN 2002-64 APPOINTMENTS TO CONSTRUCTION CODE APPEALS BOARD APPROVED Mr. John Pitstick, Director of Development, recognized Mr. Mark Alexander, Chair of the Technical Review Committee and two appointees to the Construction Code Appeals Board, Mr. Jim Lackey and Mr. Bill Manning. Mr. Pitstick advised the following were being recommended for appointment to the Board: Mr. Joe Crane, Place 1; Mr. Jim Lackey, Place 2; Mr. Bill Manning, Place 3; Mr. Lynn Motheral, Place 4; Mr. Gary Rademacher, Place 5; Mr. Lloyd Robinson, Place 6 and Mr. W.O. (Mac) McCarthy, Place 7. Council was advised that instead of places 2, 4 and 6 terms ending June 3D, 2003 and places 1,3,5 and 7 terms ending June 30, 2004, staff would like to recommend that members serving in odd numbered places terms will expire in odd-numbered years and even numbered places term will expire in even numbered years. The ordinance approved in previous item will be changed to reflect the odd/even place term changes. MAYOR PRO TEM METTS MOVED TO APPROVE GN 2002-64, TO APPROVE THE APPOINTMENTS AS PRESENTED BY STAFF. COUNCILMAN TURNAGE SECONDED THE MOTION. Motion to approve carried 6-0. City Council Minutes June 10, 2002 Page 7 9. PS 2002-22 CONSIDERATION OF A REQUEST FROM ERNEST HEDGCOTH FOR THE APPROVAL OF THE FINAL PLAT OF LOT 2-R1, BLOCK 5, OF THE RICHLAND OAKS ADDITION (LOCATED AT 8725 AIRPORT FREEWAY; 1.979 ACRES) APPROVED Item was not heard earlier in the meeting because applicant was not present. . Mayor Trevino advised applicant was still not present. Council discussed the policy of Council requiring applicant to be present in order for Council to consider. Council discussed the effect of the 30-day rule in relation to this case. Mr. John Pitstick, Director of Development, summarized the request for Council. Replat combines an existing lot with an adjacent unplatted tract. The existing lot contains an office building currently occupied by CVS and the unplatted tract will be utilized by CVS ~ for expanded parking. The Planning and Zoning Commission recommended approval May 23, 2002. COUNCILMAN TURNAGE MOVED TO APPROVE PS 2002-22, A FINAL PLAT OF LOT 2-R1, BLOCK 5, RlCHLAND OAKS ADDITION. MAYOR PRO TEM METTS SECONDED THE MOTION. Motion to approve carried 6-0. 16. GN 2002-065 CREATING CITIZEN CAPITAL IMPROVEMENT STUDY COMMITTEE AND REPEALING RESOLUTION NO. 2002-032 - RESOLUTION NO. 2002-49 APPROVED Mr. Steve Norwood presented the proposed resolution. The resolution repeals Resolution No. 2003-032. The proposed resolution is identical to Resolution No. 2002- 032 with the addition of addressing how the Chair and Vice Chair are appointed. The proposed resolution allows the Mayor to appoint the Chair. Mr. Cunningham advised that the 4 committee members appointed from the City's Boards would be members who will be serving for the next year on their respective board. Councilman Tolbert brought to Council and staffs attention that the resolution calls for 20 members on the committee and there will only be a total of 18 members, 14 of which will be nominated from Council and four from current boards. Councilman Tolbert suggested that Council may want to change the total number of members to 18. Council discussed the appointment of the 18 members to be nominated by Council. City Council Minutes June 10, 2002 Page 8 Mayor Trevino advised Council of previous discussion concerning the inclusion of all sectors of the City to be represented by the committee. Upon approval of the list of names the list will be reviewed to determine if there are any voids within the city and the remaining members would be appointed accordingly. Mayor Pro Tem Metts suggested that staff recommend two members to the Comrnittee. Staff can provide names of individuals for Council approval that will represent the areas of the City that are not represented well. COUNCILWOMAN JOHNSON MOVED TO APPROVE RESOLUTION No. 2002-049 WITH THE ADDITIONAL TWO MEMBERS TO BE NOMINATED BY STAFF AND APPROVED BY MAJORITY VOTE OF COUNCIL. COUNCILMAN TOLBERT SECONDED THE MOTION. Motion to approved carried 6-0. 17. GN 2002-066 APPOINTMENTS TO THE CITIZENS CAPITAL IMPROVEMENT STUDY COMMITTEE APPROVED Mr. Steve Norwood advised of the nominees to the Citizens Capital Improvement Study Committee. Council was advised if approved the understanding will be that staff will recommend two names for Council approval. Councilman Turnage's second nomination will also be brought back to Council for approval. COUNCILWOMAN JOHNSON MOVED TO APPROVE GN 2002-066, REMOVING THE NOMINEES OF FORMER MAYOR SCOMA BASED ON THE FACT HE IS NO LONGER SERVING ON THE COUNCIL. COUNCILMAN TOLBERT SECONDED THE MOTION. Motion to approve carried 5-1; Mayor Pro Tem Metts, Councilwoman Johnson, Councilmen Turnage, Whitson and Tolbert voting for and Councilman Welch voting against. 18. GN 2002-067 APPOINTMENT TO PLACE 1 ON THE BEAUTIFICATION COMMISSION APPROVED City Secretary advised that Councilman Welch was recommending the appointment of Mr. John Paraskevas to Place 1 on the Beautification Commission, term expiring June 30, 2003. COUNCILMAN TOLBERT MOVED TO APPOINT MR. JOHN PARASKEVAS TO PLACE 1 ON THE BEAUTIFICATION COMMISSION, TERM EXPIRING JUNE 30, 2003. MAYOR PRO TEM METTS SECONDED THE MOTION. City Council Minutes June 10, 2002 Page 9 Motion to approve carried 6-0. Councilman Welch advised for the record on Agenda Item No. 17 he was not against the committee but voted against because Mr. Scoma's nominees were removed. 19. A) CITIZENS PRESENTATION None. B) INFORMATION AND REPORTS Council made the following announcements: · Mayor Pro Tern Metts gave an update on the construction status on Rufe Snow. · Councilwoman Johnson advised of the Missoula Children's Theatre production of Little Red Riding Hood - series to be held from June 17-22. · Councilman Turnage advised of the following events: · NRH Junior Open at Richland Tennis Center - June 14-16 · NRH20 Water Park Dive In Movie "Atlantis" - June 21 at 9:00 p.m. · Critter Connection open at North Hills Mall - June 22, 10:00 a.m. - 6:00 p.m. 20. ADJOURNMENT Mayor Trevino adjourned the meeting at 7:54 p.m. Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary ~ CITY OF ¡JlOFaH·'R/CHLAND :HILLS ." Department: Police Department Council Meeting Date: June 24, 2002 \. Subject: 2002 Local Law Enforcement Block Grant - Resolution No. 2002-053 Agenda Number: GN2002-071 The City is about to enter the process of applying for the 2002 Local Law Enforcement Block Grant (LLEBG). If awarded, the grant will provide approximately $25,293.00, which can be used in the Police Department to purchase much-needed equipment. The City's matching funds amount on this grant is approximately $2,810.00. 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 2002 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. 2002-053. Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~rtm~~ Finance Review Account Number Sufficient Funds Available Budget Director Page 1 of -L RESOLUTION NO. 2002-053 WHEREAS, the City of North Richland Hills, Texas possesses legal authority to apply for the 2002 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 2002 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 2002 Local Law Enforcement Block Grant: 1. Tom Shockley 2. Mike McEntire 3. Ray Oujesky 4. Mike Fritz 5. Liza Dier 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 July 8, 2002. PASSED AND APPROVED this 24th day of June, 2002. APPROVED: Oscar Trevino, Mayor ATTEST: City Secretary APPROVED AS TO CONTENT: ~t% Chief of Police APPROVED AS TO FORM AND LEGALITY: Attorney for the City ¡;' CITY OF NORTH RICHLAND HILLS \ '-, Department: Parks and Recreation Council Meeting Date: 6/24/02 Subject: Approve Resolution No. 2002-055 Authorizing the City Manager to Execute an Agreement with BISD for Construction and Maintenance of Neighborhood Parks on Elementary School Property Agenda Number: GN 2002-072 The professional services design work for the seven new neighborhood parks has been initiated. The project includes design and construction of three parks on BISD school property at Foster Village, Mullendore, and Snow Heights Elementary Schools. The park amenities at each site will be developed on the existing open space areas adjacent to the school buildings. Proposed improvements include picnic pavilions, playgrounds, practice backstops and soccer goals, multi-use trail, irrigation and landscaping. The 2002 Neighborhood Park Construction and Maintenance Agreement between the City and BISD for the development of park amenities on these school properties includes the following terms: 1. 2. \,---- 3. 4. The City designs and constructs the improvements with BISD review and approval. The City will maintain areas developed and coordinate maintenance operations with BISD. . Park identification and rules and regulations signs may be erected to include BISD logo. Termination clause. The School Superintendent will execute the agreement on behalf of BISD, with an informal report to the School Board. Staff recommends that the City Council approve Resolution No. 2002-055 authorizing the City Manager to execute the agreement. Recommendation: To approve Resolution No. 2002-055 authorizing the City Manager to enter into the 2002 Neighborhood Park Construction and Maintenance Agreement with BISD for the design and construction of neighborhood parks on BISD school property at Foster Village, Mullendore and Snow Heights Elementary Schools. Source of Funds: Bonds (GO/Rev.) Operating Budget \ Other '-- Finance Review Account Number Sufficient Funds Available Finance Director -Dep~t~ e;J Page 1 of 1 RESOLUTION No. 2002-055 BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND HillS, TEXAS: Section 1 : THAT the City Manager is hereby authorized to execute an agreement with the Birdville Independent School District for Construction and Maintenance of Neighborhood Parks on Elementary School Property, as the act and deed of the City. AND IT IS SO RESOLVED. PASSED AND APPROVED on the 24th day of June 2002. CITY OF NORTH RICHLAND HILLS By: T. Oscar Trevino, Jr., Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: ,~ c---_~.___.:~:\:k__ ~ Jim Browne, Director, Parks & Recreation 2002 NEIGHBORHOOD PARK CONSTRUCTION AND MAINTENANCE CONTRACT This Contract is made by and between Birdville Independent School District ("BISD") and the City of North Richland Hills ("NRH"), acting by and through their duly authorized representatives, for the purpose of documenting an agreement whereby NRH will design, construct and maintain park improvements on BISD school property for community recreational use as neighborhood parks. WITNESSETH 1. NRH PLANNING AND DEVELOPMENT: PROPERTIES. NRH agrees to design and pay the cost of development and construction of neighborhood park amenities on portions of BISD property known as Mullendore Elementary School, Snow Heights Elementary School, and Foster Village Elementary School (the "Properties"). 2. BISD APPROVAL: USE FOR NEIGHBORHOOD PARKS. Subject to review by BISD of the plans, specifications and construction documents for the development of such neighborhood park amenities, and written approval by BISD, BISD grants NRH the right to use the portions of the Properties which have been improved as herein contemplated, for neighborhood parks, at such times when such areas are not needed for school use. 3. MAINTENANCE. Upon completion of development and construction, NRH agrees to maintain the areas developed pursuant to this agreement in a safe condition, free of trash and litter. NRH will coordinate maintenance operations scheduling with BISD staff. 4. SIGNS. NRH shall have the right to erect and maintain signs necessary and appropriate to the operation of the neighborhood park amenities, to include rules and regulations and park identification sign; provided however, that the park identification sign will include the BISD logo on the sign mast. No sign may be in violation of any rule or regulation of the Texas Education Agency or the State Board of Education. 5. WAIVER OF IMMUNITY. Nothing herein shall be deemed in any manner to constitute a waiver of any immunity or affIrmative defense which may be asserted by BISD or NRH pursuant to law. This agreement shall not be construed in any manner to create a cause of action for the benefit of persons not a party to this agreement not otherwise existing at law. 6. APPLICABLE LAWS. This Contract is entered into subject to the provisions of all applicable federal, state and local laws or ordinances and the requirements of any and all governmental regulatory agencies having jurisdiction over the Properties. 2002 Neighborhood Park Construction and Maintenance Agreement BISD Neighborhood Park Constr Contract 7. TERMINATION. Should BISD require the areas developed hereunder for school purposes, it may tenninate this Contract upon ninety (90) days notice. In such case BISD shall notify NRH of its intent and NRH shall have 90 days to remove any equipment it desires. Should BISD decide to sell any portion of the property developed hereunder, NRH is granted a right of fIrst refusal to acquire such property; provided, however, BISD shall not be required to sell less than the entire school site. NRH shall have the right to discontinue use of the developed property. Should it do so, BISD shall have the right to retain all improvements and to restore the site to BISD's satisfaction. This Contract may otherwise be tenninated by agreement of the parties. AGREED this _ day of ,2002. CITY OF NORTH RICHLAND HILLS By: Larry Cunningham, City Manager APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney BIRDVILLE INDEPENDENT SCHOOL DISTRICT By: Wanda Strong, President Board of Trustees Stephen Waddell, Superintendent APPROVED AS TO FORM AND LEGALITY: 1. B. Morgan, Board Attorney 2002 Neighborhood Park Construction and Maintenance Agreement BISD Neighborhood Park Constr Contract 2 ACKNOWLEDGMENT STATE OF TEXAS § § § COUNTY OF TARRANT This instrument was acknowledged before me on this date by Wanda Strong, President of Birdville Independent School District Board of Trustees, who acknowledged to me that she executed same for the purposes and consideration, and in the capacity therein expressed, and as the act and deed of the Birdville Independent School District. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of , 2002. Notary Public in and for The State of Texas ACKNOWLEDGMENT STATE OF TEXAS § § § COUNTY OF TARRANT This instrument was acknowledged before me on this date by Stephen Waddell, Superintendent of Birdville Independent School District Board of Trustees, who acknowledged to me that he executed same for the purposes and consideration, and in the capacity therein expressed, and as the act and deed of the Birdville Independent School District. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of , 2002. Notary Public in and for The State of Texas ACKNOWLEDGMENT STATE OF TEXAS § § § COUNTY OF TARRANT This instrument was acknowledged before me on this date by Larry Cunningham, City Manager of the City of North Richland Hills, who acknowledged to me that he executed same for the purposes and consideration, and in the capacity therein expressed, and as the act and deed of the City of North Richland Hills. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of ,2002. Notary Public in and for The State of Texas 2002 Neighborhood Park Construction and Maintenance Agreement BISD Neighborhood Park Constr Contract 3 " ,. CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 6/24/02 Agenda Number: GN 2002-073 Subject: Approve AQreement with DART for Iron Horse Golf Course Cart Path Crossing the Cotton Belt Line (Mile Post 626.19) - Resolution No. 2002-056 DART requires the attached standard agreement anytime there are improvements made under a railroad crossing. During a recent review of their files, they discovered that the City had never executed an agreement for the cart path crossing at Iron Horse Golf Course. The attached "license agreement" is the same basic agreement the City has signed previously for improvements under DART's railroad. The annual payment as consideration for this license agreement is $600. Recommendation: To approve Resolution No. 2002-056. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number 001-6002-552.32-15 Sufficient Funds AvanaDle -~ t!äÁ.'~ C.,:t.- D partment ~ead Signature Finance Director RESOLUTION NO. 2002-056 that: BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, 1. The City Manager be, and is hereby authorized to execute the attached license agreement with DART for a golf cart crossing at Iron Horse Golf Course under the Cotton Belt Line located at Mile Post 626.19, as the act and deed of the City. Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS FORM AND LEGALITY: George Staples, Attorney APPROVED AS TO CONTENT: Mike Curtis, Public Works Director AGREEMENT NO. LICENSE AGREEMENT THIS Agreement, by and between DALLAS AREA RAPID TRANSIT ("DART"), a regional transportation authority, created, organized and existing pursuant, to Chapter 452, Texas Transportation Code, VAT.C.S., as amended (the "Act") and CITY OF NORTH RICLAND HILLS, a Texas municipality ("Licensee"), acting herein by and through its duly authorized official, whose mailing address is P. O. Box 820609 N. Richland Hills, TX 76182-0609. WIT N E SSE T H: I. Purpose. DART hereby grants a license to Licensee for the purposes of maintaining and operating an asphalt roadway (the "Permitted Improvement") underneath DARTs Cotton Belt Line at Mile Post 626.19, in North Richland Hills, Tarrant County, Texas, more particularly described as shown in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes, (the "Property"). The Property shall be used by Licensee solely for the purpose of operating and maintaining the Permitted Improvement (the "Permitted Use"). Licensee's right to enter upon and use the Property shall be limited solely to the Permitted Use and the Permitted Improvement. 2. Term. The term of this License shall begin on the 1st day of July, 2002 (the "Term") and continue thereafter until terminated by either party as provided herein. 3. Consideration 3.01 The consideration for the grânting of this License shall be (a) payment by Licensee to DART the sum of SIX HUNDRED AND NO/100 ($600.00) DOLLARS per annum, payable annually in advance (the "Licensee Fee"), and (b) the performance by Licensee of each of the obligations undertaken by Licensee in this License. 3.02 Any payment not received by DART by the 10th day after it is due, shall bear a late charge of $25.00 to help offset the administrative cost involved in handling such late payment. 3.03 For any payment not received by DART by the 15th day after it is due, such payment shall bear interest at the rate of 18% per annum from the date it was due until it is paid, in addition to the late charge. , 4. Non Exclusive License. This license is non-exclusive and is subject to (a) any existing utility, drainage or communication facility located in, on, under, or upon the Property owned by DART, any railroad, utility, or communication company, public or private; (b) to all vested rights presently owned by any railroad, utility or communication company, located within the boundaries of the Property; and (c) to any existing lease, license or other interest in the Property granted by DART to any individual, corporation or other entity, public or private. 5. Construction, Operation and Maintenance. DART's use of the Property and adjoining property may include the use of electrically powered equipment. Notwithstanding DART's inclusion within its system of measures designed to reduce stray current which may cause corrosion. Licensee is hereby warned that such measures may not prevent electrical current being present in proximity to the Permitted Improvements and that such presence could produce corrosive effects to the Permitted Improvements. 5.01. All design, construction, reconstruction, replacement, removal, operation and maintenance of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in any way with the operations of DART or other railroad operations. In particular, cathodic protection or other stray current corrosion control measures of the Permitted Improvements as required shall be L:\North Richland Hills.doc 1 of 6 made a part of the design and construction of the Permitted Improvements. · 5.02. During the design phase and prior to commencing any construction on the Property, a . copy of the construction plans showing the exact location, type and depth of the construction, any cathodic protection measures and any working area, shall be submitted for written approval to DART and Dallas, Garland & Northeastern Railroad (the "Railroad", whether one or more). Such approval shall not be unreasonably withheld. No work shall commence until said plans have been approved by DART. 5.03. By acceptance of this license, Licensee agrees to design and construct the Permitted Improvement in such a manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages which may arise by reason of Licensee's use of the Property under this Agreement. 5.04 By acceptance of this license, Licensee covenants and agrees to institute and maintain a reasonable testing program to determine whether or not additional cathodic protection of its Permitted Improvements is necessary and if it is or should become necessary, such protection shall be immediately instituted by Licensee at its sole cost and expense. 5.05. Absence of markers does not constitute a warranty by DART that there are no subsurface installations on the Property. 6. Governmental Approvals. Licensee, ,at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal, state or local, required to carry on any activity permitted herein. 7. DART's Standard Contract and Insurance. Prior to occupancy of premises under this agreement, Licensee agrees to procure and maintain at its sole cost and expense, the following types and amounts of insurance with an insurer or insurers and form satisfactory to DART: Comprehensive general and automobile liability insurance with contractual liability endorsement and products and completed operations hazards included, which shall provide coverage for combined single limits of not less than $2,000,000, as further outlined below. All insurance coverage's required by the atæched agreement shall provide the following as a minimum standard: (a) Comprehensive General Liability With Contractual Liability Endorsement. - Combined single limit of at least $2,000,000. - DART, Railroad and all affiliated companies and organizations are named as additional insureds without any qualifications or restrictions. - DART must have 30 days notice of cancellation or modification. (b) Comprehensive Automobile Liability ~olicy - Combined single limit of at least $2,000,000. - DART and Railroad are named as additional insureds without any qualifications or restrictions. - must have 30 days notice of cancellation or modification. (c) Workers' Compensation Insurance - Providing Statutory Benefits under the Workers' Compensation Act of the State of Texas and/or any other State or Federaj Law or Laws applicable to the Licensee's employees L:\North Richland Hills.doc 2 of 6 performing the work under this agreement. - Employer's Liability Insurance with limits of liability of not less than $500,000 each accident $100,000 each employee for disease and $500,000 policy limit for disease. - Endorsed with a Waiver of Subrogation Endorsement, waiving the carrier's right of recovery under subrogation or otherwise from the Authority. (d) Licensee agrees to furnish DART Certificates of Insurance (or, as and when DART may direct, copies of the actual insurance policies) as evidence of the coverage's outlined in (a), (b) and (c) above. Approval will be expedited if all required coverage's and the following endorsements are included on the Certificates: - Endorsement showing DART and its affiliate companies and organizations named as additional insureds. The certificate must specify that the endorsement is applicable to the General Liability and Auto Liability Policies. - Contractual liability endorsement. ' - Endorsement removing exclusions from contractual liability endorsement for operations within 50 feet of a railroad or the purchase of a Railroad Protective Policy. - Endorsement removing exclusions for XCU hazards. . Waiver of subrogation endorsement specific to Workers' Compensation. 8. Duty of Care in Construction. Licensee or its Licensee shall use reasonable care during the construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation on or about the Property and any adjacent property owned by or under the control of DART. If the failure to use reasonable care by the Licen'see or its Licensee causes damage to the Property or any adjacent property, the Licensee and/or its Licensee shall immediately replace or repair the damage at no cost or expense to DART. If Licensee or its Licensee fails or refuses to make or effect any such repair or replacement, DART shall have the right, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to DART upon demand. 9. Environmental Protection. 9.01. Licensee shall not use or permit the use of the Property for any purpose that may be in violation of any laws pertaining to health or the environment, including without limitation, the Comprehensive Environmental Response, ,Compensation and Liability Act of 1980 ("CERCLA"), the Resource Conservation and Recovery Act of 1976 ("RCRA"), the Texas Water Code and the Texas Solid Waste Disposal Act. 9.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or other release of any hazardous substance or solid waste on or to the Property, and that it will take all steps necessary to insure that no such hazardous substance or solid waste will ever be discharged onto the Property by Licensee or its Licensees. 9.03. The terms "hazardous substance" and "release" shall have the meanings specified in CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified in the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the State of Texas establish a meaning for "hazardous substance", "release", "solid waste", or "disposal", which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply. L:\North Richland Hills,doc 3 of 6 9.04. Licensee shall indemnify and hold DART harmless against all còst of environmental clean up to the Property resulting from Licensee's use of the Property under this Agreement. 10. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on, or about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be affixed against the Property by reason of any work done or materials furnished to the Property at Licensee's instance or request. 11. Maintenance of Completed Improvements. The Permitted Improvement shall be maintained by the Licensee in such a manner as to keep the Property in a good and safe condition with respect to Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery, DART shall notify Licensee of such occurrence in writing. In the event Licensee shall not have remedied the failure within ten (10) days from the date of such notice, DART shall have the right, but not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event DART exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to DART all costs incurred by DART upon demand. 12. Future Use by DART. 12.01. This license is made expressly subject and subordinate to the right of DART to use the Property for any purpose whatsoever. 12.02. In the event that DART shall, at any time subsequent to the date of this Agreement, at its sole discretion, determine that the relocation of the Permitted Improvements shall be necessary or convenient for DART's use of the Property. Licensee shall, at its sole cost and expense relocate said Permitted Improvements so as not to interfere with DART's or DART's assigns use of the Property. In this regard, DART may, but is not obligated to, designate other property for the relocation of the Permitted Improvements. A minimum of thirty (30) days written notice for the exercise of one or more of the above actions shall be given by DART. 13. Duration of License. This license shall terminate and be of no further force and effect (a) in the event Licensee shall discontinue or abandon the use of the Permitted Improvements; (b) in the event Licensee shall relocate the Permitted Improvements from the Property; (c) upon termination in accordance with paragraph 18 of this Agreement, whichever event first occurs. 14. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies, and Licensee agrees to indemnify and hold DART harmless from any failure to so abide and all actions resulting therefrom. 15. Indemnification. 15.01. Licensee shall defend, protect, and keep DART and Railroad forever harmless and indemnified against and from any penalty or damage or charge imposed upon DART for any violation of any law, ordinance, rule or regulation arising out of the use of the Property by Licensee, its employees, officers, agents, Licensees, or assigns, or those holding under Licensee; 15.02. Licensee shall at all times þrotect, indemnify and it is the express intention of the parties hereto that Licensee hold DART and Railroad harmless against and from any and all loss, cost, damage or expense incurred by DART, including attorney's fees, arising out of or from any accident or other occurrence on or about said Property resulting from use of the Property by Licensee, its officers, employees, and agents; 15.03. Licensee shall at all times protect, indemnify and hold DART and Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees arising out of any failure of Licensee, its employees, officers, agents, Licensees or assigns in any respect to comply with and perform all the requirements and provisions hereof. L:\North Richland Hills.doc , 40f6 · 16. Action Upon Termination of License. At such time as this license may be terminated or " canceled for any reason whatever, Licensee, upon request by DART, shall remove all improvements and appurtenances owned by it, situated in, under or attached to the Property, regardless of whether or not such improvements were placed thereon by Licensee or others, and shall restore the Property to the condition satisfactory to DART, at Licensee's sole expense. 17. Assignment. Licensee shall not assign or transfer its rights under this Agreement in whole or in part, or permit any other person or entity to use the License hereby granted without the prior written consent of DART which DART is under no obligation to grant. 18. Methods of Termination. This Agreement may be terminated in any of the following ways: 18.01. Written Agreement of both parties; 18.02. By either party giving the other party thirty (30) days written notice; 18.03. By either party, upon failure of the other party to perform its obligations as set forth in this Agreement. 19. Relocation Benefits. The parties hereto agree that the construction of the Permitted Improvements on the Property shall be subsequent to the acquisition of the Property by DART and that the Licensee does hereby waive any and all claim that it may have under the Act, or otherwise, regarding the payment of any and all relocation benefits and that all costs associated with any relocation of such Improvements shall be borne by the Licensee. 20. Miscellaneous. 20.01. Notice. When notice is permitted or required by this Agreement, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail, Certified, Return Receipt Requested, and addressed to the parties at the following addresses: DART: Dallas Area Rapid Transit P. O. Box 660163 . Dallas, Texas 75266-7210 ATTN: Railroad Management LICENSEE: City of North Richland Hills P. O. Box 820609 N. Richland Hills, TX 76182-0609 Either party may from time to time designate another and different address for receipt of notice by giving notice of such change of address. 20.02. Attornev Fees. Any signatory to this Agreement who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Agreement shall be entitled to recover court costs and reasonable attorney fees from the non-prevailing party. 20.03. Governina Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 20.04. Entiretv and Amendments. This Agreement embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property and the matters addressed herein, and may be amended or supplemented only by a written instrument executed by the party against whom enforcement is sought. 20.05. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. L:\North Richland Hills.doc 50f6 20.06. Number and Gender. Words of any gender used in this Agreement shall be held and .' . construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. IN WITNESS WHEREOF, the parties hav~ executed this Agreement in multiple originals this day of 2002. LICENSOR: DALLAS AREA RAPID TRANSIT BY: Printed Name: Title: LICENSEE: CITY OF NORTH RICHLAND HILLS BY: Printed Name: Title: APPROVED AS TO FORM: DART General Counsel L:\North Richland Hills.doc 60t6 ......... ... . ;...... :z: :. en õlT1 Co -t ~ rR·C6 <6'/9 n :J::I :::0 1-3 n :J::I :::0 1-3 I-¡j :J::I 1-3 ::r: ;¡j :J::I 1-3 ::r: 1 I ÞO . . "" - . '0 ~ UJ. tij Þ<: ::r: H tJj H 1-3 :J::I (:-' CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 6/24/02 Subject: Vacate a Portion of a 15-foot Water Line Easement located on Lot 1, Block' 1, Aegon Office Park Addition - Ordinance No. 2633 ' Agenda Number: GN 2002-074 The portion of a 15-foot water line easement that is being requested to be abandoned is located on the site of the UICI building at the intersection of SH 26 (Grapevine Highway) and Precinct Line Road. A second building is currenffy being constructed at this site. The new UICI building is requiring an exsiting water line to be relocated. The property owner has provided a new easement for the relocated water line and now wishes to abandon the portion no longer needed. Recommendation: To approve Ordinance No. 2633. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds AvallaDle \ -- ~ )1Â~~L C~i Department Head Signature Finance Director -... It:;''"-1K iIJ.LID'.._ _.- ~l:' lsal: M J , J. II¡-1 ....L i~ 'L-?fffT'í1h--E\~1 "',~",,_ ,'";,, - 'Ii. -- ~" II \~W~~'" 'I -';7 t;f~. 'L II >-·1 I -- ~.,j1 11 .... + ~ 1 '-II--. ~ rn -L \'<»- -'i. J.I.."",_ I ~r--¡~. ~~..J.. '", -~ ,~. 1 :;;-'~"< "?k\D?' ., ";,:..,, - ,jI' eft r, II' <II ,_ ~~\.Y- J= ) >-ß'U:¡:¡V ~.2 _. - r= ; " AI~ I ST; pc ,,: b:: "'"~ ~ 1 '¡-7" rí ~ 1'G '+h =*r--< ~ ~ ::~~¥ALW <- . ~ >- II' I I L.!--en ~= . Î'_7'Y'''''~,y / r f--J U -I~' 10 >-7f-~ ~ h t= h-L. :;;~/'" I .1.1 11.l..... . I- INJ- ~Ð'R I- 'I : z~ '~' ~ soo~~::b'" Pi: l/I..:~f- I-MI¡\RT ~- W nil I', ~I~~~/'''' r=F .;1: - -17 ~ , -, " qt ::::¡'=~~ ,; II c-!- ~ I 1-1'- >- Ej- -r----\j¿, j ~ 1= c- _~ ~ J '- >- ìl >-~ hi _ _ I- >-- J ~C.~DC"A.""t.:.I. N)',[ LoN KT r\ "~",,,,-'~ ~,>-- ~ I"\J ......., U ... ! 1 LYD LWATAUGAJQ.LJ= ~","... ~rrl \ ~ 'UID-CITtf..S_BJ _ I ~ ~p.~:\ -" ~ -l~ rl JJ -,-- : F= :::--µ,~ =r I '"' - \\. C~IDI ...[ U'" -1 I I .-/ I '. Ill" 1111 I 'II ¡ ,t¡ I ~~"~': JJ-.I s: U r I ~o . .,< ;Dt 7 1 I '.' 'I ~ \&\, l (: yo..--.... /f-y-, Y:?j~ ___ i. ! ~'- ~~~,,;'~~.~a . SI,T.J.E ~OC~TI.~N ~J~LL' II", i ~I 1·/11 - I . ~~R'l-Ii'FIEt, -46" rcl:'í'\ -\ . A ~ ) C'RTcŒS"" P( E'ðs':1!cfs- ! - - 'J U ~ -r ~ "'>Do), L-/ ~ I În ' i g I ~ ~ L~",,= _. J,~ (] I ..b. ~45£~ .~~ 'x:o' T I I I L I' J ' , I i..i. I "'" 4, , 'J-rr", I ",, , .' " .~ H ~<. /( - ¡'·'II.?, -è~' TIHffi" Tr ¡ 1,,1 J" U,l.c.k"< V . ! it:çr:z, ~i-"~¡\"I;"'TsJ..,-'::;¡L~- "frtLrT~I~ -H-ri-; : : ~ :1 11~~ ~+"J{ic, ~' 1:: -1'~'ffiMl ~ <¡,~y ;m. .,¡" l.,~lERALD H~HS '- C>- ~-=l{:- -;::: ·¡:SW~~~ I ~~ 1~7 -~ ~- 1\ I I I : ,",l., A . iliL JI I 1'.111 ¡:j~_ "4J-!·- r- f--.fT]T I J-f I / I__(~ : I T t- Ld..¡."·,,.L......:..¿ H t- ~ \¡m. fl./7)-~ 'J, I I I I I I~'..I. ~ ;?ri -!f ~ '\."" c.;<:- i ~ I ¡ I IT I I ~LL /" L.j -f-:g-H f- ¡- f--i/ .'" ~ I- _ ~.~ f- ~ :1. f-~"!9,1 ~ _ '.¡.r>'-r ~.~ I ~' 1 Fmrm Çk WOO Ii) ::EP. IE ~. íð UICI LOCA TIO~ ~AP - '-, ~ RD I o o r - - - """7 ~ HARWOOD RD 7' Ql.lC.S __ ___ !1~..___:__+. , ' L-_-;--j , ~........-6d..........w....j~.. ... .. '~~"""''''''''''''-'. .¡¡g;,..;;..:..:.............:a....io1. 11 13 15 17 19 21 25 27 29 31 33 35 37 39 41 1. 3 5 7 9 ., , , :1 '1 I ORDINANCE NO. 2633 AN ORDINANCE ABANDONING A WATER LINE EASEMENT ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF STATE IDGHW A Y 26 AND PRECINCT LINE ROAD IN THE CITY OF NORTH RICHLAND HILLS. WHEREAS, the City no longer requires the water line easement described on Exhibit "A" hereto due to relocation to a new easement location; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the fifteen foot (IS') wide water line easement located on Lot 1, Block 1, Aegon Office Park Addition to the City of North Richland Hills, Texas, and more specifically described on Exhibit "A" hereto is hereby abandoned and discontinued. AND IT IS SO ORDAINED. ; I PASSED AND APPROVED this 24th day of June, 2002. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary Approved as t fonn and legality: George A. Staples, A omey I W'l-I'",H;"\G'M""""""~\Emrt ...."""'.""'.wpd Page 1 ~p.o.c.1 {, I I I I I I I I I I ",I ....II I I , I I I I I I I I L__________~-------------L3----- CA~TNE~A~~LT~~T384 I ì------------~--------------I r- i Lr -I: ~ I II ~ I : 1--] ~ : / II J --11 I I I __-.I I I , I ..... ..... N o N §j ""'~ ~;:;:: =::: ~ r; g ~ "C ~fcšr~ GLENN Uc: ~ :Ë r -, ENGINEERING w:>; ~ ~ 112-717.- ~ 8 œœcmr CCUlT,IUŒ I/ItJ a - >- z « a.. ~ °10 ÜI'- wI"') ü..... Zw «0 0:::« ~a.. Z . - «> wO> ZI'- _0> ....Iw a~ ....I::::> 0....1 ....I~ « Z ° F « Z :E « o ~ C) ~ , I I I I I , , 10F4 NATIONAL OLD LINE INSURANCE COMPANY VOLUME 9796, PAGE 1375 I i- - - - - - - - - LOT 1, BLOCK 1 AEGON OFFICE PARK CABINET A, SLIDE 384 w 31 I Ü I- « ¿ 1- - 60' 01/30/02 Fa 112-,..,.. IM«J 1BrAIJ 7IIDII PEISER SURVEYING CO., INC. P-2836 . ,... CCIII'CI!AtE ORI'/E =::. =..',&'1'. - ==w- : ~ p !:m~1==F" _...::...... ~ @ EXHIBIT A 0.15 ACÆS WATeI EASB.ENT ABAN:XH.£HT BEINQ A PORT1ON OF A 15' WA 1'ER EASB.4ENT AEOON OFFICE PAR< ADCIT10N CABtET A, SLDE 384 TARRANT COlMTY TEXAS L3 -------------1~~TERESMT·------_ç------1 - - - ~ ~ - - - - - - - CABINE~o:~U::o:~4~ - ~ L17L~ - - - - -¡ j I AEGON OFFICE PARK I CABINET A, SLIDE 384 : I I I I I I -ul CD :;0, I-<~ I(/) 01 'T\(/) J~tJl I - - - ~ ~J L---l_d ~?I I~~ I~ [;J¡ 1-i~1 I I I I I I I I I I ,___-1 I L___, : I I I I I I I I I I I I 1- - 60' I / L8 - - PROPOSED is' UTlLlTYESMr! I 01/30/02 / ~ _ _ _ _ BY SEPERA TE-1NSTUMENT _ ~ 1// --------------~-~------------- ~~ - - - ~ - - - - - - - - /'¿//-/ - - - - - - - - - - - - - --=-~-- o o \:::! .... II"' w Z -.J :r: ~I « ¿ EXHIBIT A 0.15 ACÆS WATER EASEMENT AEWIX)N.ENT BEING A PORTION OF A 15' WATER EASBE.NT AEGON OFFICE PARK ADDmON CAEIt£T A, SLDE 384 TAFRANT COlMY TEXAS NUMBER DIRECTION L1 S 89'47'26" E L2 S 00'1 2' 34" W L3 S 89'47'26" E L4 S 00'12'34" W L5 N 89'47'26" W L6 S 00'12'34" W L7 S 45'55'60" W L8 N 89'47'26" W L9 N 45'56'00" E L10 N 00'12'34" E L11 N 89'47'26" W L12 N 0012'34" E L13 N 89'47'26" W L14 N 0012'34" E L15 S 89'47'26" E L16 N 0012'34" E L17 S 89'47'26" E DISTANCE 15.00' 242.28' 573.00' 15.00' 12.50' 319.70' 74.66' 21.49' 83.72' 145.70' 15.00' 15.00' 15.00' 15.00' 30.00' 137.68' 15.00' ::¡ ~ GLENN ENGINEERING Fu""~ I'IIIIoq 7BA8 JIIDII2 PEISER SURVEYING CO., INC. P-2836 1W CORPatA1E IJItM =,',m. 7e03I f~l~ ~g~ == FÞX =.. @ ~:~. _ J. ...... .... ..... 12 of 4 I I I~ « I~ Oil) Ü'" wI") ü.... Zw «0 0::« ~a. I Z . -to w~ I šOJ w O~ ...I:::> 0...1 ...I~ « Z ° F I~ /' \ ........ -.... EXHIBIT A 0.15 ACRES WA TER EASEMENT ABANDONMENT 3 of 4 .~- STATE OF TEXAS COUNTY OF TARRANT LEGAL DESCRIPTION BEING a 0.15 acre tract of land in the L. C. WALKER SURVEY, ABSTRACT NO. 1652, City of North Richland Hills, Tarrant County, Texas, said tract of land being a portion of a 15' Water Easement dedicated by plat, Lot 1, Block 1, Aegon Office Park Addition, an addition to the City of North Richland Hills, Texas, according to the plat thereof recorded in Cabinet A, Slide 384, Plat Records, Tarrant County, Texas and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found for corner, said point being the northwest corner of said Lot 1, Block 1, said point being in the easterly line of a tract of land conveyed to Charles D. Chambless et ux, and Margaret L. Chambless by deed as recorded in Volume 4194, Page 663, Deed Records, Tarrant County, Texas, said point also being a southwest corner of a tract of land conveyed to National Old Line Insurance Company by deed as recorded in Volume 9796, Page 1375, Deed Records, Tarrant County, Texas; THENCE South 89 degrees 47 minutes 26 seconds East, along the common line of said Lot 1, Block 1 and said National Old Line Insurance Company tract, a distance of 15.00 feet to a point for corner; THENCE South 00 degrees 12 minutes 34 seconds West, departing the common line of said ')t 1, Block 1 and said National Old Line Insurance Company tract and through the interior A said Lot 1, Block 1, a distance of 242.28 feet to a point for corner; THENCE South 89 degrees 47 minutes 26 seconds East, continuing through the interior of said Lot 1, Block 1, a distance of 573.00 feet to a point for corner, THENCE South 00 degrees 12 minutes 34 seconds West, continuing through the interior of said Lot 1, Block 1, a distance of 15.00 feet to a point for corner; THENCE North 89 degrees 47 minutes 26 seconds West, continuing through the interior of said Lot 1, Block 1, a distance of 12.50 feet to a point for corner, said point being the POINT of BEGINNING; THENCE South 00 degrees 12 minutes 34 seconds West, continuing through the interior of said Lot 1, Block 1, a distance of 319.70 feet to a point for corner; THENCE South 45 degrees 56 minutes 00 seconds West, continuing through the interior of said Lot 1, Block 1, a distance of 74.66 feet to a point for corner; ~ « ~ THENCE North 89 degrees 47 minutes 26 seconds West, continuing through the interior of ~ said Lot 1, Block 1, a distance of 21.49 feet to a point for corner; .... ~ d THENCE North 45 degrees 56 minutes 00 seconds East, continuing through the interior of § ~ said Lot 1, Block 1, a distance of 83.72 feet to a point for corner; ~ ~ EXHIBfT A ~ 0.15 ACÆS ~ i5 WATER EASEMENT "0 ABAN:)()t.IAENT j gl' GLENN PEISER SURVEYING CO., INC. BElNQAPORT1QNOF ~ ~ rl ENGINEERING P-2836 . A 15' WATER EASB.ENT w >. ~ ~T£ DRI'IE =.:. @ AEOON OFfICE PAFI< ADDmON ~ ~f1I-1I7__ Fuf1l-,.,.. ~7~"" ===- : ~ P CABtET A, SLDE 384 ~ 8œ1:ll!DŒRCXXIfr.am;1JII 1Moq'ÆlrAS_ !....!70'-'O'H.. __,... __ J. TAffiANTCOlIfiY. TEXAS Q 40f 4 '-¡ HENCE North 00 degrees 12 minutes 34 seconds East, continuing through the interior of said Lot 1, Block 1, a distance of 145.70 feet to a point for corner; THENCE North 89 degrees 47 minutes 26 seconds West, continuing through the interior of said Lot 1, Block 1, a distance of 15.00 feet to a point for corner; THENCE North 00 degrees 12 minutes 34 seconds East, continuing through the interior of said Lot 1, Block 1, a distance of 15.00 feet to a point for corner; THENCE North 89 degrees 47 minutes 26 seconds West, continuing through the interior of said Lot 1, Block 1, a distance of 15.00 feet to a point for corner; THENCE North 00 degrees 12 minutes 34 seconds East, continuing through the interior of said Lot 1, Block 1, a distance of 15.00 feet to a point for corner; THENCE South 89 degrees 47 minutes 26 seconds East, continuing through the interior of said Lot 1, Block 1, a distance of 30.00 feet to a point for corner; THENCE North 00 degrees 12 minutes 34 seconds East, continuing through the interior of said Lot 1, Block 1, a distance of 137.68 feet to a point for corner; THENCE South 89 degrees 47 minutes 26 seconds East, continuing through the interior of said Lot 1, Block 1, a distance of 15.00 feet to a point for corner, said point being the POINT of BEGINNING and containing 6,611 square feet or 0.15 acres of land; ~ « <» Il') N ~ , - ;:'~' '':.",:~:';;·ì·~:i·/·{S4 .'"')\ ',~ .', . /Y . '<j' ',\ :¡' ....~. ')If" ~0\ 1\\ .~ ..................:" :.....,.. ~ )\ " HUGl¡ ."':;. ", ..::".....''\ ~i;.~..·\~~...~. . .;: .t:L;~.r·:i~~...lt;' , , C' ?' r¡} . .{;:.>'.'... ~ ~/ ;_;~ L- 7'- ~ ~ Fa .....1Þ48 ~ œrA8 7II1II2 PEISER SURVEYING CO., INC. P-2836 . = ~T[ DRI'<E =.::. . 'm"'7~- ==w ::=mItt !m! 71,-1.",,, _ @ - - EXHIBIT A 0.15 ACÆ8 WATeI EASB.ENT ABAN:XH.ENT' æINQ A PORT1ON OF A 15' WATER EAse.ENT AEOON OFFICE PAR< ADDmON CABN:T A, SLDE 384 TARRANT COlMY TEXAS GLENN '\. " CITY OF NORTH RICHLAND HILLS epartment: Legal Council Meeting Date: 6/24/02 Subject: Hotel/Motel Tax Ordinance Revision - Ordinance No. 2632 Agenda Number: GN 2002-075 Ordinance 2632 replaces obsolete Article II of Chapter 22, Taxation, with new uncodified hotel tax provisions. These are not entirely new, the only changes being to require the owner to file quarterly reports (they already have to do this for the state hotel tax) and establishing penalties for failure to collect, failure to report or falsification of taxes. It is hoped that the quarterly report requirement will help prevent delinquencies which are not discovered until a year later. Recommendation: To approve Ordinance No. 2632 Finance Review Source of Funds: Bonds (GO/Rev.) Operating B get Othe Finance Director L ~. 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 ¡ ¡ ; . ! 38 ' . Ii !I 40 II ¡- II 42 il 44 II I I ORDINANCE NO. 2632 AN ORDINANCE AMENDING CHAPTER 22 OF THE CITY OF NORTH RICHLAND IDLLS, TEXAS, CODE OF ORDINANCES BY ADDING A NEW ARTICLE II AND AMENDING THE CURRENT REGULATIONS ON HOTEL TAXES TO REQUIRE QUARTERL YREPORTS; PROVIDING FOR CIVIL AND CRIMINAL PENAL TIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. WHEREAS, current hotel tax provisions do not have adequate reporting provisions and the City Council has been requested by staff to correct this shortcoming so that the City will be able to better collect taxes owed it by operators of hotels; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: Chapter 22 of the North Richland Hills, Texas, Code of Ordinances is hereby amended by adding a new Article II, Taxation, which shall read as follows: CHAPTER 22. TAXATION. "Article II. Hotel Tax. Sec. 22-50. Definitions. The following words, terms and phrases are, for the purpose of this article and except where the context clearly indicates a different meaning, defined as follows: Consideration shall mean the cost of the room in such hotel only if the room is one ordinarily used for sleeping, and shall not include the cost of any food served or personal services rendered to the occupant of such room not related to the cleaning and readying of such room for occupancy. Hotel shall mean any building or buildings in which the public may, for a consideration, obtain sleeping accommodations. The term shall include hotels, motels, tourist homes, houses or courts, lodging houses, inns, rooming houses or other buildings where rooms are furnished for a consideration. It shall not be defined to include hospitals, sanitariums or nursing homes. Occupancy shall mean the use or possession, or the right to the use or possession, of any room in a hotel if the room is one ordinarily used for sleeping and if the occupant's use, possession or right to use or possession extends for a period of less than thirty (30) days. I If: \No 1chlandHllh\Oeneral \Ord1Mnc:e.\Taxe. .Hotel.ord. wpd I 1 ~ 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 Occupant shall mean anyone who, for a consideration, uses, possesses or has a right to use or possess any room in a hotel if the room is one ordinarily used for sleeping. I i "' Person shall mean any individual, company, corporation or association owning, operating, managing or controlling any hotel. Quarterly period shall mean the regular calendar quarters of the year, the first quarter being composed of the months of January, February and March; the second quarter being the months of April, May and June; the third quarter being the months of July, August and September; and the fourth quarter being the months of October, November and December. Sec. 22-51. Levied. (a) There is hereby levied a tax upon the cost of occupancy of any sleeping room furnished by any hotel where such cost of occupancy is at the rate of two dollars ($2.00) or more per day, such tax to be equal to seven (7) percent of the consideration paid by the occupant of the room to such hotel, exclusive of other occupancy taxes imposed by other governmental agencies. (b) No tax shall be imposed hereunder upon a corporation or association organized and operated exclusively for religious, charitable or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual. (c) If the city council determines that revenue bonds should be issued for any of the purposes allowed by Section 351.101, Texas Tax Code, all or any portion of the tax levied under subsection 22-51(a) may be pledged as security for such bonds to the extent allowed by law. (d) One percent (1 %) ofthe cost of such occupancy shall be reserved from the tax by the city for the purpose of advertising and conducting solicitation programs to acquaint potential users with public meeting and convention facilities and for promotion of tourism and advertising of the city and its vicinity either by the city or through contract with persons or organizations selected by the city. Sec. 22-52. Collection. " i Every person owning, operating, managing or controlling any hotel shall collect the tax imposed by Section 22-51 for the city. Sec. 22-53. Reports; payment of tax. On the last day of the month following each quarterly period, every person required in Section 22-52 to collect the tax imposed in this article shall file a report with the finance director showing the consideration paid for all room occupancies in the preceding quarter, the amount of the tax collected on such occupancies and any other information the finance director may reasonably require. Such person shall pay the tax due on such occupancies at the time of filing such report. There shall also be furnished to the finance director of the city, at the time of payment of the tax, W: \Nor 1C:hhndH11h\General \Ordinancel\TaX88, Hotel.orcS. W'pd 2 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 I I . i , , a copy of the quarterly report filed with the comptroller of public accounts of the state in connection with the state hotel occupancy tax. ~ 4 ., " i !¡ :: Sec. 22-54. Rules, regulations. 6 The finance director shall have the power to make such rules and regulations as are reasonable and necessary to effectively collect the tax levied hereby, and shall, upon reasonable notice, have access to books and records necessary to enable him to detennine the correctness of any report filed as required by this article and the amount of taxes due under the provisions of this article. 8 Sec. 22-55. Penalties - Civil. Any person who fails to remit the tax imposed by this article when due, or fails to file a report when required, shall pay a penalty of five (5%) percent of the amount of the tax due. If the owner fails to pay the tax or file the report within thirty (30) days after the day on which the tax was due or the report was required, he shall pay an additional penalty of five (5%) percent of the amount of the tax due. Delinquent taxes and accrued penalties shall draw interest at the rate often (10%) percent per year beginning sixty (60) days after the day on which the tax was due. Sec. 22-56. Penalties - Criminal. If any person required by the provisions of this article to collect the tax imposed in this article, or make reports as required in this article and pay to the finance director the tax imposed in this article shall fail to collect such tax, file such report, or pay such tax, or if any such person shall file a false report, such person shall be deemed guilty of a misdemeanor and, upon conviction, be punished by a fine not to exceed five hundred dollars ($500.00). Each day any such report remains delinquent shall constitute a separate offense." Section 2: 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 or section of this ordinance shall be declared unconstitutional or othetwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections ofthis ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. . , Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and Sections 22-55 and 22-56 of this ordinance as an alternative method of publication provided by law. 11 ¡¡ : i II ii II AND IT IS SO ORDAINED. I! I¡ I: I ..,_1 t~'-"..,--, 'o..~._,._ .~'" ..... ~ 3 ¡ I I ! z. II ; 4 6 8 10 12 14 16 18 20 PASSED AND APPROVED this 24th day of June, 2002. By: ATTEST: Patricia Hutson, City Secretary : ; , W: \Nor ltRichbndH111a\aeneral \OrdinAncea\Tax.. .Hotel.ord.wpd I CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor 4 ~. CITY OF NORTH RICHLAND HILLS ...... ,_____ Department: Budget & Research Council Meeting Date: 6/24/02 Subject: Contract with Tarrant County for Collection of City Property Agenda Number: PU 2002-025 Taxes - Resolution 2002-058 Tarrant County has been collecting property taxes for the City of North Richland Hills since October, 1993. During this time, we have continually evaluated the performance of the Tarrant County Tax Assessor/Collector's office and are pleased with the County's collection performance, its customer service, and the cost savings realized by the City. Tarrant County has submitted a contract for the upcoming tax year's collection services. A copy of the contract is attached for Council consideration. The contract is essentially the same as the contracts Council has approved in the past. The estimated cost to the City is $10,650, which is 50¢ per transaction. We will be billed quarterly by the County for their services. New accounts added by TAD during the year will be billed with the quarterly statements. The contract is for the 2002 tax year and can be terminated by providing 60 days written notice. Recommendation To approve Resolution 2002-058 and the contract with Tarrant County for tax collection services beginning October 1, 2002. ',- " ,,'~ Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~( De artment Head Si nature Finance Review Account Number Sufficient Funds Available ( RESOLUTION NO. 2002-058 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager be, and is hereby, authorized to execute an agreement with Tarrant County Tax Assessor-Collector to collect the ad valorem taxes of the City of North Richland Hills. A copy of said agreement is attached hereto and made a part hereof. PASSED AND APPROVED the 24th day of June 2002. Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for City APPROVED AS TO CONTENT: ~~! Karen Bostic, Director of Budget & Research ........ .~ COUl\r;:·. ...'.. ..:¡.... :~~ø.;··· !~ ~ ~~ ~Í" I~L fJJ: . . . . . . '. .. Jf .. ..... * . .... ....... TARRANT COUNTY BETSY PRICE Tax Assessor-Collector 100 E. Weatherford Street Fort Worth, Texas 76196-0301 817-884-1100 TOM SPENCER Chief Deputy May 21, 2002 N\( . Ms. Margaret agus ~ . t . City ofNort Richland Hills PO Box 8 609 North . hland Hills, TX 76182-0609 Dear Ms. Ragus, My office is looking forward to working with you and your staff in the year to come. Weare committed to providing the best possible service to you in the fields of assessing, billing, collecting, and reporting. Enclosed are two original renewal contracts for the assessment and collection of your ad valorem taxes by Tarrant County for the fiscal year 2003. After the contracts have been signed, please return BOTH of them to my office. I will mail a fully executed contract to you after the Commissioners Court has made formal approval of the contract. I wanted to make you aware of some changes that have been made to help with our service to your jurisdiction. When I took office in January 2001, I identified several areas in need of updating to better serve you. The first of these was communication between the Tax Office and our entity partners. I hosted two very successful conferences and plan to continue working to improve communication. I want you to know that I am always available for your questions and comments at 817-884-1850 or bye-mail bnriccI{( laIT~\lltC(1l1l1l\.C\)Iì1. Also, I will gladly come to your office or board meetings if you need additional infornlation. As you know, the second area that we are working on is the reporting process to your office. All monthly reports should now be balanced and easy to understand. I know that most of you are using these reports and we have received positive feedback on them. Our web site has been expanded to better serve you and many of you are getting your daily disbursement reports through the web as well as other information relating to your jurisdiction. The transfer of monies from the Tarrant County Tax Office to you is currently being streamlined to save you dollars and time. All entities not receiving wires are now getting funds by ACH transfers. This process is a free service to you and is greatly reducing the number of checks that we must process and the charges incurred with that processing. This in turn helps us keep collection fees down. Ms. Margaret Ragus Page 2 May 21, 2002 For the 2001 tax season, we implemented a new system to expedite the processing of tax payments and disbursements of funds. We have updated our Rapid Payment System and our method of opening and sorting mail. This new system allows the Tax Office to get most checks in the bank within 24 hours of receipt thereby allowing you to earn more interest and citizens to see their posted payments sooner. I am committed to improving all aspects of the Tarrant County Tax Office operations that will reduce the time it takes for you to receive your funds. The current fee structure that took effect this past year will stay the same at $.50 (fifty cents) per account with billings to you quarterly. New accounts added by TAD during the year will be billed with the quarterly statements. When we receive the billing roll from TAD we will have an estimate of your collection fees for this next tax season. if you would like an estimate we will gladly furnish you that information upon request. The enclosed 2003 contract follows the prior agreements that have been in place. Please review and return the executed contracts to my office by July 10, 2002. Feel free to call me or e-mail any questions or comments you might have. Sincerely, ~~ Betsy Price Tarrant County Tax Assessor Collector BP: pn Enclosures - 2 Original Contracts COUNTY OF TARRANT § § Agreement For The Collection Of Taxes Agreement made this _day of , 2002, by and between the Tarrant County Tax Assessor-Collector, hereinafter referred to as ASSESSOR/COLLECTOR, and Tarrant County, hereinafter referred to as the COUNTY, both of whom are addressed at 100 E. Weatherford Street, Fort Worth, Texas 76196-0301, and the City of North Richland Hills, hereinafter referred to as City, whose address is P. O. Box 820609, North Richland Hills, Texas 76182-0609. PURPOSE OF AGREEMENT The purpose of this Agreement is to state the tenns and conditions under which the ASSESSOR/COLLECTOR will provide assessment and collection services of Ad Valorem taxes levied by the City. NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto agree as follows: L SERVICES TO BE PERFORMED The ASSESSOR/COLLECTOR agrees to collect the taxes due and owing on taxable property upon which the City has imposed said taxes. The ASSESSOR/COLLECTOR shall perfonn the said services in the same manner and fashion as Tarrant County collects its own taxes due and owing on taxable property situated within its boundaries. The services perfonned shall include, but not be limited to: receiving infonnation from the Tarrant Appraisal District for purposes of the Certified Appraisal Roll, and monthly changes thereto; providing mortgage companies, property owners and tax representatives, tax roll and payment data; providing all necessary assessments of taxes and Truth in Taxation calculations as required; the transmittal of tax statements via the U.S. Mail or electronic transfer of data; and rapid deposit payment processing. All City disbursements, made by check or by electronic transfer (wire), for collected tax accounts will be made to the City on the day the COUNTY Depository Bank indicates the mandatory assigned "float" period has elapsed and the funds are posted to the collected balance. If any daily collection total is less than one hundred dollars ($100.00), the disbursement will be withheld until the cumulative total of taxes collected for the City equals one hundred dollars ($100.00), or at the close of the month. II. REPORTS The ASSESSOR/COLLECTOR will provide the City the following reports, if requested: Monthly: General Ledger Distribution Report Detail Collection Report (Summary) Paid Tax Roll Delinquent Tax Roll Current Tax Roll Tax Roll Summary (Totals Only) Year-to-Date Summary Report Detail Collection Report (Summary) Delinquent Tax Attorney Tape (Exhibit A) Daily: Weekly: Annual: The ASSESSOR/COLLECTOR will provide the City the General Ledger Revenue & Expense Report monthly as required by Sec. 31.10 of the Texas Property Tax Code. The ASSESSOR/COLLECTOR will provide additional reports as follows: Other requested reports that require programming: $ 25.00 per hour Other reports requiring computer run-time: $350.00 per hour Page 1 of 4 ~ City Secretary Office 'ðI Official Record Copy III COMPENSATION In consideration of the services to be perfonned by the ASSESSOR/COLLECTOR, compensation for the services rendered is a rate of fifty cents ($.50) per f.ccount. The number of accounts will be based on the October billing roll certified to the ASSESSOR/COLLECTOR by The Tarrant Appraisal District. New accounts added by The Tarrant Appraisal District will be billed to the entity quarterly. The ASSESSOR/COLLECTOR will collect for these services from each entity's collections quarterly. IV. AUDITS The ASSESSOR/COLLECTOR will provide to the City auditor necessary explanations of all reports and access to ASSESSOR/COLLECTOR in-house tax system computer tenninals to assist the City auditor in verifying audit samples of the fmancial data previously provided by the ASSESSOR/COLLECTOR during the past audit period. If the City elects to have its auditors conduct a "computer system assurance review audit" requmng assistance from ASSESSOR/COLLECTOR system's programmers and accountants, the fee is $660.00 per day, which will be deducted from the City's current collections at the end of the month. V. TAX RATE REQUIREMENT The City will provide the ASSESSOR/COLLECTOR, in writing, the City's newly adopted tax rate and exemption schedule to be applied for assessing purposes no later than 2:00 p.m., Monday, September 16, 2002. Under authority of Section 31.01 (h) of the Property Tax Code, any additional cost of printing and mailing tax statements because of late reporting of the tax rate or the exemption schedule will be charged to and must be paid by the City. If the City wishes its collection reports to be itemized as to maintenance and operation fund and interest and sinking fund, then the notice advising of the new tax rate must set out the separate rates, as well as the total rate. The tax rate and the exemption schedule for each of the last five (5) years in which an ad valorem tax was levied, or all prior years where there remains delinquent tax, must be furnished in writing to the ASSESSOR/COLLECTOR at the time of the initial contract. VI. COMPLIANCE WITH APPLICABLE STATUTES, ORDINANCES, AND REGULATIONS In perfonning the services required under this Agreement, the ASSESSOR/COLLECTOR shall comply with all applicable federal and state statutes, fmal Court orders and Comptroller regulations. If such compliance is impossible for reasons beyond its control, the ASSESSOR/COLLECTOR shall immediately notify the City of that fact and the reasons therefore. VII DEPOSIT OF FUNDS All funds collected by the ASSESSOR/COLLECTOR in the perfonnance of the services stated herein for the City shall be promptly transferred to the account of the City at the City's depository bank. Electronically transferred funds incur an additional fee, which will be charged back to the City and deducted from those collected funds. If the City desires its tax disbursements to be made by electronic transfer of funds (wire) the ASSESSOR/COLLECTOR has no liability for the funds after initiation of the electronic transfer ofthe City's funds from the COUNTY Depository to the City's designated depository. Page 2 of 4 ~ City Secretary Office \ðI Official Record Copy VIII INVESTMENT OF FUNDS The City hereby agrees that the COUNTY, acting through the COUNTY Auditor, may invest collected ad valorem tax funds of the City during the period between collection and payment. The COUNTY agrees that it will invest such funds in compliance with the Public Funds Investment Act. The COUNTY further agrees that it will pay to the City all interest or other earnings attributable to taxes owed to the City. The ASSESSOR/COLLECTOR agrees to deliver to the COUNTY Auditor all ad valorem taxes collected on behalf of the City for investment on a timely basis. All parties agree that this Agreement will not be construed to lengthen the time period during which the COUNTY or the ASSESSOR/COLLECTOR may hold such funds before payment to the City. IX REFUNDS Refunds will be made by the ASSESSOR/COLLECTOR except as set forth herein. The ASSESSOR/COLLECTOR will advise the City of changes in the tax roll which were mandated by the Tarrant Appraisal District. The ASSESSOR/COLLECTOR will not make refunds on prior year paid accounts unless the prior year paid accounts for the past five (5) years are provided to the ASSESSOR/COLLECTOR via computer magnetic tape in the exact computer layout as set out in Exhibit "B". All refunds of overpayments or erroneous payments due, but not requested, and as described in Section 31.11 of the Texas Property Tax Code, will after three years from the date of payment, be proportionately disbursed to those entities contracting with the ASSESSOR/COLLECTOR. The contract must have been in force, actual assessment and collection functions begun and the tax account was at the time of the over or erroneous payment within the City's jurisdiction. The proportional share is based upon the City's percent of the tax account's total levy assessed at the time of receipt of the over or erroneous payment. X DELINQUENT COLLECTIONS The ASSESSOR/COLLECTOR will assess and collect the fifteen percent (15%) collection fee pursuant to Sections 33.07, 33.08 and 33.48 of the Property Tax Code, when allowed. The ASSESSOR/COLLECTOR will disburse the amount directly to the City for compensation to a Firm under contract to the City. If the delinquent collection Attorney contracted by the City requires attendance of ASSESSOR/COLLECTOR personnel at a court other than the District Courts in downtown Fort Worth, and the COUNTY is not a party, the employee's expenses and proportionate salary will be the responsibility of the City and will be added to the collection expenses and charged to the City. The ASSESSOR/COLLECTOR will not be responsible for the collection of prior year delinquent accounts unless all delinquent accounts infonnation is provided to the ASSESSOR/COLLECTOR via computer magnetic tape in the exact computer layout as set out in Exhibit "B". XI. TERM OF AGREEMENT This Agreement shall become effective as of the date hereinabove set out, and shall continue in effect during the 2002 tax year, unless sooner terminated by providing sixty (60) day written notice, as outlined in paragraph XII. XII NOTICES Any notices to be given hereunder by either party to the other may be effected, in writing, either by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the address of the parties as they appear in the introductory paragraph of this Agreement, but each party may change this address by written notice in accordance with this paragraph. Page 3 of 4 ~ City Secretary Office \ðI Official Record Copy XlIL MISCELLANEOUS PROVISIONS This instrument and Exhibits "A" and "B" hereto contain the entire Agreement between the parties relating to the rights herem granted and obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect. This Agreement shall be construed under and in accordance with the !aws of the State of Texas, and all obligations of the parties created hereunder are performable in Tarrant County, Texas. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives and successors. In case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or enforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained. This Agreement and the attachments hereto constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Executed on the day and year first above written, Tarrant County, Texas. BY: BETSY PRICE TAX ASSESSOR/COLLECTOR TARRANT COUNTY DATE FOR THE CITY OF NORTH RICHLAND HILLS: BY: DATE TITLE: FOR TARRANT COUNTY: BY: TOM VANDERGRIFF TARRANT COUNTY JUDGE DATE APPROVED AS TO FORM * AND CONTENT BY: DISTRICT ATTORNEY'S OFFICE DATE *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). Page 4 of 4 a City Secretary Office ~ Official Record Copy . _d ..... .._ ~ ~. . - '.' ....- .'. ,..._ .". ....-....~1; ~!'1.~...~.;.;..;.."':"'"-:.-?P'.,..::;...~"='ac...'... __._ ~-- . /1.-. TARRANT COUNTY TAX OFFICE EXHIBIT A Record Definition: Account Master - ASCII Fixed Length Field Tax Account Number Unused SPTB Code Roll Code Legal Description1 Legal Description2 Legal Description3 Legal Description4 Acres . Appraisal District Number Street Name (Property Location) Street Number (Property Location) Square Foot Lot Size Year Built Zone Map.Number Mapsco Number Appraisal District Map Number Owner Name1 Owner Name2 Owner Address1 Owner Address2 Owner City I Owner State Owner Zip Code Start Deferral End Deferral Deed Volume Deed Page Date of Deed Owner Exemption Codes Delinquency Date Billed Tax Units Non-Billed Tax Units Current Year Land Value Current Year Improvement Value Current Year Adjusted Levy Current Year Amount Due Prior Year Amount Due Account Status Codes _.- ...- '- - ~ character character integer integer character character character character float character character character integer integer integer character character character character character character character character character character character date date integer integer date character date character character money money money money money character Size 11 19 02 02 30 30 30 30 6.6 30 25 07 06 06 04 10 30 20 20 30 30 30 30 30 20 18 10 10 06 06 10 15 10 30 15 11 11 9.2 9.2 9.2 15 Format Codes: A = Right justified - zero filled to the left B = Left justified - space filled to the right C = Right justified - no decimal point - zero filled to the left D = Right justified - decimal point 2 places - zero filled to the left E = YYYY - Year F = MM/DDIYYYY - Month/DaylYear G = Spaces 07/15/1999 Format A G B B B B B B A B B B B B B B B B B B B B B B B B F F B B F B F B B C C D D D B .__ .__....__ _J....-- TARRANT COUNTYTAX OFFICE EXHIBIT A (CONTINUED) Record Definition: Account Receivable - ASCII Fixed Length Field Tax Account Number Unused Tax Year Tax Unit Receivable Type Sequence Type Sequence Number Appraised Value Exemption Value Adjusted Levy Amount Due Delinquency Date 33.07 Date Judgment Date Lawsuit Number Lawsuit Filed Date Bankruptcy Number Bankruptcy Filed Date Account Status Codes ~ character character integer integer integer integer integer money money money money date date date character date character date character Size :¡:¡- 19 04 03 02 02 02 11 11 9.2 9.2 10 10 10 18 10 18 10 15 Format Codes: A = Right justified - zero filled to the left B = Left justified - space filled to the right C = Right justified - no decimal point - zero filled to the left D = Right justified - decimal point 2 places - zero filled to the left E = YYYY - Year F = MM/DDIYYYY - Month/DaylYear G = Spaces Format A G E B B B B C C D D F F F B F B F B ... ,......- ... - -_. .... . EXHIBIT B TARRANT COUNTY TAX OFFICE Record Definition: New Unit Master - ASCII Fixed Length Field Tax Account Number (SKEY) Legal Description1 Legal Description2 Legal Description3 Legal Description4 Appraisal District Number Owner Name1 Owner Name2 Owner Address 1 . Owner Address2 Owner City Owner State Owner Zip Code Type character character character character character character character character character character character character character Size 11 30 30 30 30 30 30 30 30 30 30 20 18 Format Codes: A = Right justified - zero filled to the left B = Left justified - space filled to the right C = Right justified - no decimal point - zero filled to the left D = Right justified - decimal point 2 places - zero filled to the left E = YYYY - Year F = MM/DD/yyYY - MonthlDaylYear G = Spaces Format A B B B B B B B B B B B B " EXHIBIT B (CONTINUED) TARRANT COUNTY TAX OFFICE Record Definition: New Unit Receivable - ASCII Fixed Length Field Tax Account Number (SKEY) Tax Year Tax Unit Total Appraised Value Land Value Improvement Value Agricultural Exclusion Homestead Exemption Over 65 Exemption . Disability Exemption Veteran Exemption Taxable Value Base Levy Levy/Balance Due Levy Paid Penalty Paid Interest Paid Freeze Year Freeze Amount Delinquency Date 33.07 Date Lawsuit Number Lawsuit Filed Date Bankruptcy N'umber Bankruptcy Filed Date ~ character integer integer money money money money money money money money money money money money money money integer money date date character date character date Note: Include 5 years of history Size 11 04 03 11 11 11 11 11 11 11 11 11 9.2 9.2 9.2 9.2 9.2 04 9.2 10 10 15 10 15 10 Format A E B C C C C C C C C C D D D D D E D F F B F B F Format Codes: A = Right justified - zero filled to the left B = Left justified - space filled to the right C = Right justified - no decimal point - zero filled to the left D = Right justified - decimal point 2 places - zero filled to the left E = YYYY - Year F = MMIDDIYYYY - MonthlDaylYear G = Spaces EXHIBIT B (CONTINUED) TARRANT COUNTY TAX OFFICE Record Definition: New Unit Payment Detail - ASCII Fixed Length Field Tax Account Number (SKEY) Tax Year Tax Unit Batch Number Check Number Receipt Number Payment Date Payment Type Levy Paid . Penalty Paid Interest Paid Attorney Fees Paid ~ character integer integer character character character date character money money money money Note: Include 5 years of history Payment Type = R-Regular, H-Half, Q-Quarterly Size 11 04 03 10 15 08 10 01 9.2 9.2 9.2 9.2 Format Codes: A = Right justified - zero filled to the left B = Left justified - space filled to the right C = Right justified - no decimal point - zero filled to the left D = Right justified - decimal point 2 places - zero filled to the left E = YYYY - Year F = MM/DDIYYVY - Month/Day/Year G = Spaces Format A E B B B B F B D D D D '" I CITY OF NORTH RICHLAND HILLS Department: Finance 1 Fire Department Council Meeting Date: 6/24/2002 Subject: Authorize Purchase of Personal Safety Eauipment for Fire Agenda Number: PU 2002-026 Department from Grace Industries in the Amount of $30,000, The Fire Department received a $21,000 grant from FEMA for the purchase of personal protective equipment caned PASS Devices (Personal Alert Safety System). The T-PASS 3 Evacuate System specified in the Grant are personal alert safety system devices that have two way communication capability with a control module called the GEMS LCD Command Base Receiver. The Command Base Receiver is carried in the Incident Commander's command vehicle. The PASS devices are worn by Fire personnel and will immediately alert the Incident Commander when a Firefighter arrives on the scene and if he or she has trouble andlor becomes incapacitated. The "Firefighter Down" alarm signal can be activated manually by the Firefighter or automatically activates if the Firefighter remains motionless for several minutes. It provides the Incident Commander the ability to account for all on-scene personnel, without tying up additional manpower. It also provides the Incident Commander the ability to send an emergency evacuation signal to any or all Firefighters in the structure from his Command Base Receiver and then receive acknowledgement from the Firefighters that they received the "evacuate" signal. The entire system will include 30 individual T -PASS 3 Evacuate PASS devices and a Gems LCD Command Base Receiver. The total cost for the system will be $30,000. There are sufficient funds available for the $9,000 balance. Since the T-PASS 3 Evacuate equipment was specified in the Grant request, this will be a direct manufacturer purchase. Recommendation: To authorize the purchase of T-PASS 3 Evacuate System personal protective equipment from Grace Industries in the amount of $30,000. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget ~ Other Page 1 of L .. CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 06/24/02 Subject: Award of Bid to Green Scapina. Inc. in the amount of Agenda Number: PW 2002-009 $227,895.80 for Rumfield Road, Phase '" Miscellaneous Improvements The City and County will be reconstructing Rumfield Road, Phase III from Eden Road to Davis Boulevard. This project will construct approximately 2,550 feet of an existing 2-lane asphalt roadway with ditches to a 40-foot wide roadway with concrete curb and gutter. Bids were received for the concrete improvements (sidewalks, curb and gutter, etc.) on June 6, 2002. A total of 9 contractors submitted bids. The three (3) low bidders are shown below. Bidder Amount Bid Time (Calendar Days) Green Sca in ,LP SRO General Contractin , Inc. Stabile & Winn, Inc. $227,895.80 $265,579.10 $272,424.80 120 calendar da s 120 calendar da s 120 calendar da s The concrete work will be awarded with this cover sheet. Coordination with Tarrant County on the paving·operations was previously approved by an interfocal agreement. Tarrant County began the roadway the first of June and is scheduled to be complete the end of August. The concrete work awarded with this cover sheet is scheduled to begin in August. Sufficient funds are available for this project. Recommendation: Staff recommends Council award the bid to Green Scaping, L.P., in the amount of $227,895.80 for the period of 120 calendar days. Source of Funds: Bonds (GO/Rev.) Operating Budget "- Other 2:y,) ~ C,~t¡J' Department Hèad Signature Finance Review Account Number 20-02-07-6000; 97-20-02-007 Sufficient Funds AvallaDle Finance Director · KNOWLTON-ENGLlSH-FLOWERS, INC. CONSULTING ENGINEERS I Fort Worth-Dallas June 7, 2002 Mr. Mike Curtis, Director Public Works Department City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-387C, CITY OF NORTH RICHLAND HILLS, RUMFIELD ROAD, PHASE 3, INCREMENT "C", MISCELLANEOUS IMPROVEMENTS, BID TABULATION & AWARD RECOMMENDATION On Thursday, June 6, 2002, we received and publicly opened nine (9) proposals for the construction of Rumfield Road, Phase 3, Miscellaneous Improvements. Mr. Clifton Beck, representing the North Richland Hills' Public Works Department, assisted at the bid opening. For your reference, we enclose a detailed tabulation of the proposals received - the tabulation includes the unit costs proposed by each bidder for each of the bid items. The three (3) lowest responsive bids and the Engineer's Opinion o/Construction Costs are summarized below: CONTRACTOR COSTS TIME Green Scaping, LP 8917 Cardinal Lane North Richland Hills, Texas 76180 $227,895.80 120 calendar days SRO General Contracting, Inc. P.O. Box 136577 Fort Worth, Texas 76136 $265,579.10 120 calendar days Stabile & Winn, Inc. P.O. Box 79380 Saginaw, Texas 76179 $272,424.80 120 calendar days Engineer's Opinion of Construction Costs $280,000.00 -- 1901 CENTRAL DR., SUITE 550 · BEDFORD, TEXAS 76021-5826 · 817/283-6211 · METRO 817/267-3367 . FAX 817/354-4389 June 7, 2002 City of North Richland Hills, Rumfield Road, Phase 3, Miscellaneous Improvements Bid Tabulation and Award Recommendation Page 2 K-E-F No. 3-387C Although we are unfamiliar with the qualifications of the low bidder, we have discussed Green Scaping's perfonnance with several of its past and current clients. All those contacted were favorably impressed with the finn's quality of work and degree of cooperation. An example of the finn's work is the City of Keller's recently completed project to revitalize "old town", along U.S. 377. Based on these observations, we recommend that the City Council award a construction Contract in the amount of $227,895.80 to Green Scaping LP, 8917 Cardinal Lane, North Richland Hills, Texas 76180. For your reference, we have enclosed a copy of Green Scaping's project Proposal. We are available to attend the June 24, 2002, Council meeting to answer any questions relative to the project. Please call if you require additional infonnation or assistance in this matter. ~¡j~ DONALD H. CANTON, P.E. DHClbid tabulation 3-387C Enclosures CITY OF NORTH RICHLAND HILLS ~. Department: Public Works Council Meeting Date: 6/24/02 ~ SUbject: .APorove Payment in the Amount of $570,000 to the Agenda Number: PAY 2002-005 Texas Department of Transportation for the Rufe Snow Drive 1 IH 820 Bridge Project \ On April 8, 1996, Resolution No. 96-25, City Council approved the supplemental agreement with the Texas Department of Transportation (TxDOT) for the reconstruction of the Rufe Snow DrivellH 820 bridge. Per the terms of the agreement, the City is required to pay a fixed amount of $570,000 prior to the receipt of the construction bids. The project is scheduled to be let in August, 2002. ( Sufficient funds are available for this payment. Recommendation: To approve payment in the amount of $570,000 to the Texas Department of Transportation for the Rufe Snow Drive/lH 820 Bridge project. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number 20..02-04-6000; 96-20-02-009 Sufficient Funds AvallaDle ~ ~- o pa ent e Ignatùre Finance Director * I Texas Department of Transportation po. BOX 6868 · FORT WORTH, TEXAS 76115-0868 . (817) 370-6500 June 4, 2002 CONTACT: DD-CM CMAQ CSJ: 0008-14-086 Project No. CM 95(150) IH 820 at Rufe Snow Drive Tarrant County Larry J. Cunningham City Manager City of North Richland Hills 6720 N.E. Loop 820 North Richland Hills, Texas 76180-7901 Dear Mr. Cunningham: Attention: Mike Curtis, P.E. The above project is scheduled to be let in August 2002. In accordance with the supplemental agreement dated May 1, 1996 the City of North Richland Hills's portion of this project is $570,000. Please provide a check or warrant made payable to the Texas Department of Transportation in the amount of $570,000 to the Fort Worth District as soon as possible after the date of this notification. If you have any questions concerning this matter, you may contact Mr. Joel Mallard at (817) 370-6591. Thank you for your prompt attention to this matter. Sincerely, ad ~CL9I-b: JUN 1 0" 2002 Charles L. Conrad, P.E. Director of Transportation Planning and Development NRH Public Works An Equal Opportunity Employer * ATexas Department of TransDortation ESCROW RECAPITULATION Highway IH 820 County Tarrant Limits at Rufe Snow Drive Description Grade Separation Type of Agreement CMAQ Scheduled Letting Date August 2002 Agreement No. CSJ 0008-14-086 Project No. CM 95(150) Date of Execution Requested By Section Date Entity Name Entity Code Joel H. Mallard District Design June 4, 2002 City of North Richland Hills 30500 Reason & Amount of Funds Requested Right of Way 0 $ 0.00 Preliminary Engineering 0 $ 0.00 Preletting ¡:g $ 570,000.00 Post Letting 0 $ 0.00 Construction Adjustment 0 $ 0.00 Total $ 570,000.00 To be Filled in by Outside Entity Amount Submitted Check # Date Submitted PLEASE RETURN TillS COMPLETED FORM WITH PAYMENT To be Filled in by TxDOT After Receipt Amount Received Date Received Processed Deposit f " ,-- CITY OF NORTH RICHLAND HILLS Department: Public Works , Council Meeting Date: 6/24/02 SUbject: Approve Final Pay in the amount of $29.510.49 to Agenda Number: PAY 2002-006 SRO General Contracting. Inc. for Rumfield Road, Phase III Utility Adjustments ' The project was awarded by Council on November 11, 2001, PW 2001-20 for $298,000 to SRO General Contracting, Inc. Final payment will make the contractor's total earnings on the project $268,996.90, which is $29,003.10 under the contract amount. This CIP project consists of reconstructing Rumfield Road from Eden Road to Davis Boulevard. Tarrant County will be assisting the City on this project by constructing the asphalt pavement. The first part of the project was to construct the necessary storm drainage improvements and to make any necessary utility adjustments. This part of the project is now complete. Recommendation: To approve final payment in the amount of $29,510.49 to SRO General Contracting, Inc. for Rumfield Road, Phase 11/ Utility Adjustments. Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~ ;;l1t~~C~ Department Head Signature Finance Review Account Number 20-02-07-6000; 02-64-22-6000 SufficæntFunds I e · KNOWLTON-ENGLlSH-FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth-Dallas June 13,2002 Mr. Mike Curtis, P .E. Public Works Director City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-387 A, CITY OF NORTH RICHLAND HILLS, RUMFIELD ROAD, PHASE 3, UTILITY ADJUSTMENTS, CONTRACTOR'S ESTIMATE NO. 5 (AND FINAL) AND CERTIFICATE OF COMPLETION For your action, we enclose a copy of Contractor's Estimate No.5 (and Final). A Project Status Report and Summary of Payments are attached for your reference. Your field representative, Mr. Alan Knapp, has confinTIed that discrepant items, identified in the recent final walk-through, have been resolved satisfactorily. Based on that confinnation and Alan's verification of final quantities, we recommend acceptance of the project and final payment in the amount of $29,510.49 to SRO General Contracting, Inc., P.O. Box 136577, Fort Worth, Texas 76136. The project was completed on time and under budget, as indicated in the table below: PAYMENT ESTIMA TE FINAL CONTRACT PERCENT CATEGORY NO.5 & FINAL AMOUNT COMPLETE Stonn drainage $4,952.20 $49,522.00 $52,522.00 94.3% Water system 24,177.49 215,666.90 232,162.00 92.9% Sewer system 380.80 3,808.00 13,316.00 28.6% Payment Requested $29,510.49 $268,996.90 90.3% Retainage 0.00 Completed Construction $268,996.90 $298,000.00 ($29,003.10) Please note that Paragraph 3.2.20 of the Contract Documents requires the Contractor to execute an Affidavit of Bills Paid for the project. We recommend that final payment be contingent on the receipt of the Affidavit and appropriate releases from any property owners that may have an interest in the project. The project's Maintenance Bond provides that the Contractor maintain and keep in good repair the work constructed and/or the equipment furnished by him for a period of two (2) years from the date of acceptance as shown on the Certificate of Completion. In accordance with Paragraphs 3.1.05(c) and 3.2.1 1 (a) of the Contract Documents, this letter serves as the Certificate of Completion for the project. 1901 CENTRAL DR., SUITE 550· BEDFORD, TEXAS 76021-5826· 817/283-6211 · METRO 817/267-3367· FAX 817/354-4389 ," " .. CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 6/24/2002 Subject: ApProve Detention· Storaae Maintenance Aareement with Agenda Number: GN 2002-077 Summit Bank for Brentwood Estates, Block 1, Lot 1 - Resolution No. 2002-054 ' The final plat for Brentwood Estates, Block 1, Lot 1 (Summit Bank property located at the northwest comer of Davis Boulevard and Shady Grove Road) was approved by Council on March 27, 2000 (PS 99-42). Part of the developer's drainage plan included a detention pond. Since the plat (and plan) was approved prior to the approval of the City's new Detention Pond Ordinance, this pond does not meet every requirement in the new ordinance. It does however, meet most of the requirements (including landscaping). Attached is a copy of the landscaping plan. One of the stipulations of this plat approval was a maintenance agreement for the detention pond between the property owner and the City. The project was put on hold for several months and the property owner is now providing the agreement. The attached maintenance agreement is the one provided to the developer during the platting process. The agreement covers the responsibilities of Summit Bank to maintain the detention pond area. It also gives the City the right to correct any problems and file a lien on the property if the pond is not maintained properly. Recommendation: To approve Resolution No. 2002-054. Source of Funds: Bonds (GO/Rev.) Operating Budget Other -t?/ ~ C·-±.- D pa ent ea Signature Finance Review Account Number Sufficient Funds AvallaDle Finance Director ~. -~ C~M~ dJ~ Page 1 of _ RESOLUTION NO. 2002-054 BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, that: 1. The Mayor be, and is hereby authorized to execute the attached Detention Storage Maintenance Agreement with Summit Bank for Brentwood Estates, Block 1, Lot 1. PASSED AND APPROVED this the 1ih day of February, 2001. Oscar Trevino, Mayorr ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, Attorney for the City APPROVED AS TO CONTENT: Mike Curtis, P.E., Public Works Director DETENTION STORAGE MAINTENANCE AGREEMENT KNOW ALL MEN BY THESE PRESENTS THAT: WHEREAS, by plat denoted Lot 1, Block 1"Brentwood Estates" approved on March 27, 2000 by the City Council of the City of North Richland Hills, Tarrant County, Texas, Summit Bank was permitted to develop the site described thereon in accordance with such plat, and WHEREAS, such plat requires construction on the property legally described as Lot 1, Block 1 "Brentwood Estates" which includes the development site of a facility to provide a storm water detention pond ("Water Detention Storage Facility") for the development site to minimize potential flooding of downstream property, and WHEREAS, the City is willing to permit Summit Bank to construct an earthen Water Detention Storage Facility with pilot channel in accordance with plans approved by the City, as opposed to a concrete Water Detention Storage Facility, provided that Summit Bank agrees to maintain such earthen Water Detention Storage Facility. NOW, THEREFORE, Summit Bank agrees as follows: 1. Summit Bank shall construct, at its sole cost and expense, the earthen Water Detention Storage Facility in accordance with plans and specifications approved by the City. 2. Summit Bank shall maintain the Water Detention Storage Facility in a prudent manner to minimize soil erosion. 3. Should Summit Bank fail to remedy any inadequacy in its mainfenance of the Water Detention Storage Facility within twenty (20) days of receipt of written notice from the City, the City may, but shall not be obligated, to provide such maintenance that it shall reasonably deem necessary and all costs thereof shall be reimbursed to the City by Summit Bank upon written demand therefore. If Developer fails to so reimburse the City within ten (10) days of such written demand, the City shall have a lien against the Property for such amount, provided, however, such lien shall not be valid against a bona fide purchaser for value unless a notice of such lien stating the amount shall be filed in the office of the Tarrant County Land Records. By acceptance of this Agreement, the City agrees to execute a certificate (addressed to the party requesting same) within ten (10) days of written request therefore, stating whether or not any amounts are due and owing from Summit Bank pursuant to this Agreement. 4. The agreements made herein shall be binding upon Summit Bank, successors and assigns and shall be covenant running with the land. Page 1 of 2 PW75DET.AGR Executed this 11 day of Robert Harrison, President Summit Bank STATE OF TEXAS COUNTY OF TARRANT e on this the ~ day of of corporation, on t- e KELLY!l1HOMPSON :.A.: . NOTARY PUBUC .Ä. STATE OF TEXAS My Conm.~. 05-15-2006 Notary's Printed Name: Ke.., hi 5 Th 0 VV! P 1rllh.- CITY OF NORTH RICH LAND HILLS: By: Oscar Travino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney for the City APPROVED AS TO CONTENT: Mike Curtis, P.E., Public Works Director Page 2 of 2 PW75DET.AGR I I /, I / '. :z \ ! \ \ \ \ \ , , ~ ~s ¡;¡i _ I ~~ i wgQ~ I') ~p ~~~ ßiÎ~ ~ .~~ !~ IiI: 1m II :1;1 Î~ ~i!1 m~~w !!I~ I~ !I~; ~7~~ ~~!~~mi li~~BI~!1 9~I~s~~ I~~~~I~ ~ ia~~111 p~~~ ~I~~I~M~~~ ~ ~~~~~~~~¡~iii~~~li ;~~!£;~!tIElril~~~:ri ~ ~ , , , ~ ~ J " ,I " " " " " ,I II II ,I II II II " ,I II II " II II ,I I' :-:-:-:.:- ~:-: ~I::: .:::::::: ~ ::: I .,... ~.. II' ..... . ,. .-:-:-:':- J:-: ~ . . . . .. . I. . . . . . . , ::::::~:;:~ ::: I"µ..'_' a I!>:::::~:: ::: ~ £i: \,. .. .., .. ~ w :-:'.:::>':: ::: F!~ '.... ..JQ .. ..' ~ ~ :-: ~ -:. í""'\. .. "::;' c cu - D- C) C I- e. cu (,) en 't:J c cu -I CITY OF NORTH RICHLAND HILLS Department: Administration Council Meeting Date: 6/24/02 Agenda Number: GN 2002-076 Subject Youth Advisory Committee End of Year Report In accordance with the Youth Advisory Committee's By-Laws, the committee shall submit a year-end report to the City Council on the status of its activities for the year. The year-end report of the Youth Advisory Committee as submitted by Jennifer Duranczyk, Vice Chair of the Youth Advisory Committee, is attached for your review. Davina Barnett, the City's Youth Outreach Coordinator and liaison to the committee and Jennifer Duranczyk will be in attendance to present the report to the City Council and to provide a brief summary of the report. Recommendation Approve the Youth Advisory Committee's year-end report to the City Council. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available Budget Director Finance Director Æ", '¿¡;-::;-kr-~ Depa ment Head I ature ~~ Page 1 of _ Report of Youth Advisory Committee 2001·2002 To City Council of North Richland Hills The Youth Advisory Committee has completed its fifth year of successful accomplishments. We have worked well as a committee to achieve our goals and objectives for the 2001/2002 year. This year, the Youth Advisory Committee decided it would like to become more involved with the city government. In January, the committee met at Environmental Services and heard presentations from Don Sharp of Animal Services, and Toni Blevins of Environmental Services. The speakers gave us a broader understanding of what these two departments do and let us know of ways we as a committee can help them with projects in the future. Jason Ruth, a TCU student, spoke at our February meeting. He did an activity called True Colors that showed the members' their personality type and leadership style. We met with Andy Kancel from the police department in March. He gave us an overview of the police department's functions and processes. We also received a tour of the police department. Officer Keith Bauman gave the Youth Advisory Committee a hands-on presentation called "Solve the Crime Night". Mr. Bauman hosted a mystery game in which all members had to do some investigating to find out who was the "alien" in the group. Seeing first hand how the department operates was very interesting. Debbie York from Environmental Services was our guest speaker in April. She taught us how to play the Eco Shopping Game. We are now trained so that we may go out into the community and teach the game to young children. The Youth Advisory Committee has been greatly involved in the community. We have assisted in Teen Dances at the Recreation Center, helped children decorate cookies at the Tree Lighting Ceremony, wrapped gifts for Santa Cops, and spent Saturday, December 22,2001 at the Community Enrichment Center sorting toys and helping in the food pantry. We also helped with the Great American Clean-up, Easter In The Park, and the Daddy/Daughter Valentine Dance. The Youth Advisory Committee held its' Christmas Social on December 20, 2001. We went to Trail Dust Steakhouse and enjoyed dinner and a white elephant gift exchange. Everyone had a great time relaxing and socializing with other committee members. Our Spring Social/Senior Graduation lunch was held on May 24, 2002. We took the Trinity Railway Express to Dallas and enjoyed lunch at Cadillac's in the West End. Three of the committee members accompanied our liaison to the 2nd annual Texas Youth Advisory Committee Summit February 16-17 in Lake Jackson, Texas. This was an effort to get Youth Advisory Committees from all over the state of Texas together to discuss various projects within their communities. The summit provided many tools and resources in which we can use to further develop our committee. Being able to meet and interact with other youth advisory committees from around the state enabled us to share ideas and brainstorm to make an even better committee. The Youth Advisory Committee feels that the 2201/2002 year has been a great success. We look forward to the many projects and challenges that lie in the years ahead. We hope to continue our success in the future. 'i' -rew"\ CITY OF NORTH RICHLAND HILLS \.....- Department: Planning & Inspections Department Council Meeting Date: 6/24/02 Subject: Consideration of the request from Dunaway & Associates Agenda Number: PS 2002-26 Inc. for the approval of the Final Plat of Lots 6R and 7R, Block 1 Wal-Mart Addition located at 8412 and 8416 Davis Boulevard (2.19 acres). Case Summary: Dunaway & Associates are requesting the approval of the Final Plat of Lots 6R and 7R, Block 1 of the Wal-Mart Addition. The purpose of this replat is to reconfigure the existing common property line between Lots 6 & 7 to accommodate future retail development on Lot 6 and eliminate the access to Davis Boulevard between Lots 6 & 7. A request to revise the existing Wal-Mart Planned Development (ref. PZ 2000-38) for this retail area is also on this agenda as PZ 2000-38 R 1. 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 concerning this plat from the Public Works Department. Current Zoning: The current zoning of the site is PO Planned Development for all retail, office and commercial uses permitted in the C-1 District and a retail/grocery center with accessory garden center, automobile servicing, fuel sales, outdoor display, and storage. Comprehensive Plan: The Comprehensive Plan indicates retail uses for this area. The proposed use is consistent with the Plan. Right Of Way: No additional ROW is required by this replat. Utilities: No issues concerning the extension of utilities to the site have been identified. Flood or Drainage: No drainage issues have been identified by staff. Traffic/Access: This replat does not impact traffic patterns or access as approved by the original Wal-Mart Plat. Tree Preservation: The site has been cleared of any existing foliage. A landscape plan for Lot 6 has been submitted with PZ 2000-38 R1. The plan is consistent with city requirements. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other - ) ~ ~~ ?Ø./ ,.~ hV~ Department Head Signature Account Number Sufficient Funds AvaIlable Finance Director PS 2002-26 Wal-Mart Addition CC Page I of 2 ":::,:7'::ø;~;:~~:I:W:'~(;'~';,:,~:,,:: ,:,~ CITY OF NORTH RICHLAND HILLS ',,-. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission at their meeting on, June 13, 2002, recommended approval of PS 2002-26 by a vote of 7-0 with the fol/öwing stipulation: 1) Termination of the cröss-access easement that parallels Lots 6R and 7R before it connects to Davis Boulevard. The applicant has revised the plat in response to the above stipulation and eliminated the drive access to Davis Boulevard. RECOMMENDATION: To approve PS 2002-26 a Final Plat of Lots 6R and 7R, Block 1 Wal-Mart Addition. \..... ~I CITY COUNCIL ACTION ITEM PR 2002.21\ W::¡I-M::¡rt Addition ex: PA"" 'of , N A Walmart Development I.U -I ;::! ~ I.U -I 5 o ~ ).. t- Õ ~ a.. North Tarrant Parkway CASE NO. PS 2000-26 FINAL PLAT OF LOTS 6R & 7R, BLK 1 WAL-MART ADDITION 2.19 ACRES 6/07/02 PS 2002-26 CONSIDERATION OF A REQUEST FROM DUNA WAY & ASSOCIATES INC. FOR THE APPROVAL OF THE FINAL PLAT OF LOTS 6R AND 7R, BLOCK 1, WAL-MART ADDITION, LOCATED AT 8412 AND 8416 DAVIS BLVD. (2.19 ACRES). APPROVED Planner Dave Green summarized the case. The purpose of this replat is to reconfigure the existing common line between Lot 6 and Lot 7. These are two out-parcels from the Wal-Mart Addition on North Tarrant Parkway. The actual Wal-Mart building sits in the area just to the east of this site. The applicant is preparing this site for retail development and he is asking that the common line between the property lines be moved into a straight-line configuration for the purpose of being able to orient the building properly on the site. Staff has reviewed the plat. Public Works comments are included. The cross access easement parallels the proposed property line going all the way to the street. The applicant understands that there cannot be an access point at that location. Staff recommends approval of the plat subject to that correction. Mr. Welch asked if the applicant is willing to terminate the right turn in-right turn out. Mr. Green replied that in his discussions with the applicant just prior to the meeting, they indicated that they are willing to terminate the right in right out. Mr. Welch asked if we then recommend that the access be moved back from that property line and that in the future there will not be any extension. Mr. Green replied affirmatively. There were no further comments and the Chairman called for a motion. Mr. Welch, seconded by Ms. Cole, motioned to approve PS 2002-26 with the minor revision to the. plat, prior to going to Council, terminating the access easement between Lots 6R and 7R from connecting onto Davis Boulevard right of way. The motion carried unanimously (7-0). NI~H Public Works / Administration CITY OF NORTH RICHLAND HILLS June 6, 2002 MEMO TO: Dave Green, Planner FROM: Andrea Jobe, EIT, Engtneer Associate RE: P&Z Agenda Items Reviewed By Public Works Public Works has reviewed the plats submitted on Monday, June 3,2002 for P&Z Agenda consideration and offer the following comments: 1. KINGSWOOD ESTATES: LOT gR. BLOCK 23 All of Public Works comments have been satisfied. The Surveyor's Seal will be required on the final copies that go to P&Z. 2. WALMART ADDITION: LOTS 6-R AND 7 -R. BLOCK 1 All of PubHc Works comments have been satisfied. The Surveyor's Seal will be required on the final copies that go to P&Z. ~ ARJ/pwm2002-066 PO Box 820609 .. North Richland Hills, Texas 76182-0609 n01 Northeast Loop 820 " (817) 427-6400 * Fax (817) 427-6404 .~ CITY OF NORTH RICH LAND HILLS \..... Department: Planning & Inspections Department Council Meeting Date: 6/24/02 Subject: Public hearing to consider a request from Guion Gregg for Agenda Number:PZ 2000-38 R1 a revision to the approved Wal-Mart Planned Development Site Plan located at 8412 Davis Boulevard (1.55 acres). Ordinat1ce. No. 2634 Case Summary Mr. Guion Gregg is requesting approval of a revision to the approved Wal-Mart Planned Development Site Plan (ref. PZ 2000-38). The applicant is proposing a 13,000 square foot (approximate) general-retail strip center on Lot 6 of the Wal-Mart site. This use and location was approved by t!1e original Wal-Mart Planned Development Site Plan (ref. PZ 2000-38). The approved site plan, however, requires the approval of any new development prior to the issuance of permits. In addition, because the approved PO site plan is being revised, this request has been advertised and noticed as a public hearing. Building Design and Materials - The proposed building is single-story design containing approximately 13,065 square feet. Building materials consist primarily of various brick sizes including a random split-face stone design for the front façade walls. The roof is of a flat design with parapet walls. Building details include; covered walkway, decorative columns, light sconces, decorative symbols (Texas Star) and variations in brick sizes and banding both vertically and horizontally. These detail features are consistent with required architectural standards and with the Super Wal Mart building. \...... Access and Parking- Primary access to the site is from an east-west access easement that runs from Davis Boulevard to Precinct Line Road in front of the Wal-Mart building. The site also has secondary access from Davis Boulevard via a cross-access easement from Lot 7 to the north. Parking is distributed around the north, west and south sides of the building. The number of parking spaces provided exceeds Ordinance requirements. Landscaping/Screening - The Landscape Ordinance requires a 15' landscape setback along the Davis Boulevard frontage of this lot. The submitted landscape plan exceeds this requirement by pröviding landscaping along the site's access easement frontage in addition to the landscape setback along Davis Boulevard. Other ornamental landscaping is provided around the building. The approved landscape plan for Wal-Mart includes a row Source of Funds: Bonds (GO/Rev.) ~::ting Budget _ ~ '-~~ Finance Review Account Number Sufficient Funds Available Finance Director "- Department Head Signature ~~~ - . .. . .ìty Manager S· ~_ . PZ 2000-38 R1 Waf-Mart RetailCC sum. ~ CITY OF NORTH RICHLAND HILLS of 4" caliper trees along the eastern boundary of this lot. \..- Signage/Lighting - An S'X12' monument sign with brick surround is proposed near the southwest corner of the Lot adjacent to Davis Boulevard. The sign's proposed location, size, and surface area. is consistent with ordinance regulations. Plat Status- A replat moving the common line between Lot 6 and 7 is also on this agenda for consideration (ref. PS 2002-26). The purpose of moving the line is to accommodate the building size and location as noted on the site plan. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission at their meeting on June 13, 2002, recommended approval of PZ 2000-38 R 1 by a vote of 7-0 with the following stipulation: 1) Termination of the proposed 24' Fire Lane easement prior to the proposed dumpster pad site behind the building. The applicant has revised the site plan in response to the above stipulation. RECOMMENDATION: To approve PZ 2000-38 R1 a revision to the approved Wal-Mart Planned Development Site Plan located at 8412 Davis Boulevard (1.55 acres) and Ordinance No. 2634. \..... \ '--- PZ 2000-38 R1 Wal-Mart Retail CC Page 20f 2 N A Walmart Development North Tarrant Parkway CASE NO. PZ 2000-38R1 REVISION TO AN APPROVED DEVELOPMENT PLAN 5/31/02 PZ 2000-38Rl PUBLIC HEARING TO CONSIDER A REQUEST BY GUION GREGG FOR A REVISION TO THE APPROVED W AL-MART PLANNED DEVELOPMENT SITE PLAN LOCATED AT 8412 DAVIS BOULEVARD (1.55 ACRES). APPROVED Planner Dave Green stated that Mr. Gregg is proposing an approximately 13,OOO-sq. ft. general retail business building to be placed on the property. The front of the building will face the same direction as the front of the Wal-Mart store. Because of the size of the building, it comes under the City's architectural standards that were adopted late last fall. It must be an all masonry building. The applicant is using different sizes of materials, different changes in color and changes in direction of brick. There is a covered entryway and a parapet wall with a 3-dimensional feature on the top. Any mechanical equipment that is roof- mounted will be hidden from view by the parapet wall. There are wall sconces and columns with a Texas star cut into the material. All of these features coincide with the architectural standards adopted late last year. There is a certain amount of landscaping that is required and it is being proposed in conjunction with the Wal-Mart property landscaping. This applicant will be responsible for a 15-foot landscape setback along Davis Blvd. They have shown that landscaping on the site plan in the manner that is consistent with the ordinance. In addition to that, they have extended the landscaping along the private access easement to in front of the building with trees approximately every 50 feet with shrubbery in between along the parking spaces. There is also some ornamental landscaping being placed around the building. A monument sign is being proposed at the corner location approximately 10 feet back from the Davis Blvd. right-of-way. There may be several different changes to the Wal-Mart PD as more of this area is developed. This begins to set a tone for development in the area. Much of the development is consistent with the standards that the City has set for landscaping and the building itself. Staff recommends approval of this site plan. Mr. Welch asked if the applicant is aware that they will need to relocate a dumpster that is on the eastern line of Block 6R that is in the fire lane access easement. Mr. Green stated that he has had some discussion with the applicant regarding that issue. The applicant, Guion Gregg, 3838 Oak Lawn, Dallas, came forward. He stated that the fire lane terminates behind the dumpster site and does not continue onto the Wal-Mart site, so they felt that was the best location on the site for the enclosed dumpster. ---......--- Mr. Welch explained that it would be allowable to place the dumpster at that location only if the applicant terminates the fire lane in front of the dumpster. The Survey Company would need to revise the final plat to show the fire lane terminating in front of the dumpster. The applicant stated that he would do that. He further stated that staff was very helpful in the planning of this building in order to hit all of the architectural controls. They are proud of the project. The Chairman asked if anyone else wished to speak for or against this project. There were none and he closed the public hearing. The Chairman complimented the staff and developer for creating a very nice looking building that will be an asset to that area. Mr. Welch, seconded by Mr. Tucker, motioned to approve PZ 2000-38R1 subject to the applicant revising the site plan through coordination with his surveyor, reference PS 2002-26, to revise the access easement fire lane, prior to going to Council. The motion was approved unanimously (7-0). NOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CASE #: PZ 2000-38 R1 8412 Davis Boulevard Lot 6 and a portion of Lot 7, Block 1 Wal-Mart Addition You are receiving this notice because you are a property owner of record within 200 feet of the above property. Purpose of Public Hearina: A public hearing is being held to consider a request from Guion Gregg to revise the approved Wal-Mart Planned Development Site Plan (ref. PZ 2000-38). The applicant is proposing to construct a 13,065 square foot general retail building immediately west of the existing Wal-Mart building. Public hearing approval of this development is required by the existing Wal-Mart Site Plan. Public Hearina Schedule: Public Hearing Date: PLANNING AND ZONING COMMISSION THURSDAY, JUNE 13, 2002 CITY COUNCIL MONDAY, JUNE 24, 2002 7:00 P.M. Time: Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone(817)427~300 Fax (817) 427-6303 Wal-Mart Stores East Inc. Attn: Tax Dept. #0555 1301 S.E. 10th St. Bentonville, AR 72716 Summit Community Bank Na P.O. Box 2665 Fort Worth, TX 76113 Nrh-Ct/Bts Ltd. 800 E. Campbell Rd. #199 Richardson, TX 75081 Rif 102 LLC Attn: P.H. Grayson P.O. 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II I I I I i I I I ! 1 3 5 7 9 11 13 15 17 19 21 'B 25 27 29 31 33 35 37 39 41 43 5 ORDINANCE NO. 2634 ZONING CASE PZ 2000-38 Rl AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, BY AMENDING THE PLANNED DEVELOPMENT SITE PLAN ON CERTAIN PROPERTY IN THE CITY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR SAVINGS; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of property located at 8412 Davis, containing approximately 1.276 acres of land, has filed an application to amend the existing "PD" Planned Development site plan on said property; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on June 13, 2002, and the City Council held a public hearing on June 24,2002, with respect to the zoning change described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, and all other laws dealing with notice, publication and procedural requirements for the rezoning of the property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Zoning Ordinance is hereby amended by adopting the C-l amended "PD" site plan for that property containing approximately 1.276 acres ofland, located at 8412 Davis Boulevard, and being more fully described as Lot 6R, Block 1, Wal-Mart Addition, North Richland Hills, Tarrant County, Texas, described by metes and bounds as set forth on Exhibit "A" hereto, as set forth on the site plan attached hereto and incorporated herein as Exhibit "B." Section 2: The zoning districts as herein established have been made in accordance with a Comprehensive Land Use Plan for the purpose of promoting the health, safety, morals and general welfare of the community. Section 3: The official zoning map, ofthe City of North Richland Hills is hereby amended and the City Secretary is hereafter directed to revise the zoning map to reflect the amendments as set forth above. W:\NorthRichlandHills\General\Ordinances\PlannedDevAmend.ord.wpd i Page 1 11 13 15 17 19 21 ~3 25 27 29 31 33 35 37 39 41 1 Section 4: 3 5 7 9 Section 5: Section 6: Section 7: Section 8: 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 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 ofthe 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. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances affecting health and safety which have accrued at the time ofthe effective date ofthis ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance, but may be prosecuted until final disposition by the courts. Any person, 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. 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 IT IS SO ORDAINED. PASSED AND APPROVED this 24th day of June, 2002. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor W:\NorthRichlandHills\General\Ordinances\PlannedDevAmend.ord. wpd Page 2 ----T---- II I! 11 11 1 3 5 7 9 I' Ii ;i :! ATTEST: Patricia Hutson, City Secretary W:INòrthRichlandHillslGenerallOrdinanceslPlannedDevAmend.ord.wpd Page 3 Legal Description Lot 6R, Block 1 Wal-Mart Addition PROPERTY DESCRIPTION Being a tract of land situated in the Thomas Peck Survey Abstract No. 1210 in Tarrant County, Texas and being a replat of Lot 6, Block 1, Wal-Mart Addition, an addition to the City of North Richland Hills, according to the plat recorded in Cabinet A, Slide 7046, Plat Records, Tarrant County, Texas: Beginning at a 5/8 inch iron rod set with a cap marked Dunaway Assoc. Inc. (hereinafter called 5/8 inch iron rod set), in the East Right of way of F.M. 1938 (Davis Boulevard), said rod being the southwest corner of aforementioned Lot 6: Thence North 30°52'21" East with the said East Right of Way of F.M. 1938, 117.52 feet to a 5/8" iron rod set: Thence North 20°30'50" East, 62.00 feet to a 5/8" iron rod set; Thence East, leaving said Right of Way, 260.37 feet to a 5/8" iron rod set at the northeast corner of said Lot 6: Thence SOUTH, a distance of 175.88 feet to a 5/8" iron rod set at the southeast corner of said Lot 6: Thence West, a distance of 59.34 feet to a 5/8" iron rod being at the beginning of a curve to the left, having a radius of 245.00, a central angle of 15°44'26", and a long chord that bears South 82°07'47"West, 67.10 feet: Thence in a westerly direction and along said curve to the left an arc distance of 67.31 feet to a 5/8" iron rod set at the beginning of a curve to the right, having a radius of 155.00. a central angle of 15°44'26", and a long chord that bears North 82°07'47" East, 42.45 feet: Thence in a westerly direction and along said curve to the right an arc distance of 42.58 feet to a 5/8" iron rod set: Thence West, with the South line of said Lot 6, 121.12 feet to a 5/8" iron rod set: Thence North 59°07'39" West, a distance of 62.25 feet to the POINT OF BEGINNING and containing 55,563 square feet or 1.276 acres of land. EXHIBIT "c ¡ \\ A II ..-.~-~~.- -"'" ..pi. CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 6/24/02 \..... Subject: Public hearing to consider a request from Murphy Oil Agenda Number:PZ 2000-38 R2 Company for a revision to the approved Wal-Mart Planned Development Site Plan located at 9101A North Tarrant Parkway (0.56 acres). Ordinance. No. 2635 Case Summary Murphy Oil Company is proposing to construct an eight pump, self-serve, gasoline facility on Wal-Mart pröperty along the North Tarrant Parkway frontage. This use and location was approved by the original Wal-Mart Planned Development· Site Plan (ref. PZ 2000-38). However, a site plan condition requires that building elevations for this facility require approval prior to the issuance of permits. In addition because the approved PD site plan is being revised with these elevations, this request has been advertised and noticed as a public hearing. \....... Building Design and Materials - The facility consists of four pump islands with each island having two pumps for a total of eight pumps. A 20' tall canopy covering the pump islands is supported by eight, split-faced CMU columns. The roof structure is a seamless metal design with a 4 to 12 roof pitch. These design standards meet the minimum city requirements for canopies. A small kiosk constructed of split-faced CMU is proposed for business transactions. The elevation drawing in the packets does not conform to the colors used in the Super Wal Mart store. The applicant will be bringing a new elevation to the meeting that will conform to the Wal Mart building elevation colors. Access- The site is situated within the front parking. lot of the Wal-Mart building (see attached approved site plan). Access to this specific site is from the parking lot and from the one of two main access points onto North Tarrant parkway. The site does not have direct access to North Tarrant Parkway. Landscaping- No landscaping· is pröposed for this specific site. However, the landscaping plan approved with the Wal-Mart PD plan does show significant landscaping along the adjacent North Tarrant Parkway frontage and parking lot entrance/exit (see attached approved landscape plan). Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available -.J¿2\~ ~J Finance Director "--. Department Head Signature ~ff~~ PZ 2000-38 R2 Murphy Oil CC sum. ·;:;:',"~;;r."'7;;"':·'ð':¡" - - -r""'''1(;",,¡~,~~Ji,"~~JI.,,UJ~'~-~?''-'---''' ' .' -10'1:' CITY OF NORTH RICHLAND HILLS '......... Signage/Lighting - The canopy elevation shows a Murphy Oil sign on both the front and back fascia of the structure. In addition gasoline price signs are shown on all four fascias of the canopy. All of the proposed signs meet current standards. The approved building elevation plan for the Wal-Mart PD showed an 18' X 6' gasoline price monument sign for the station. The monument sign was to be located across the parking lot entrance from the station. It is unknown if this approved sign will be built. PLANNING AND ZONING COMMISSION RECOMMENDATION:., The Planning and Zoning Commission at their meeting on June 13, 2002, recommended approval of PZ 2000-38 R2 by a vote of 7-0. RECOMMENDATION: To approve PZ 2000-38 R2 a revision to the approvedWal-Mart Planned Development Site Plan located at 9101A North Ta"ant Parkway (0.56 acres) and Ordinance No. 2635. ......... "'-.. PZ 2000-38 R2 Murphy Oil CC Page 2 of 2 Walmart Development North Tarrant Parkway , "-------------- 200' buffe CASE NO. PZ 2000-38R2 N A REVISION TO AN APPROVED DEVELOPMENT PLAN I¡J ...,J ;:::! ~ I¡J ...,J 5 o ~ ).. .... õ 5/31/02 PZ 2000-38R2 PUBLIC HEARING TO CONSIDER A REQUEST BY MURPHY OIL COMPANY FOR A REVISION TO THE APPROVED WAL-MART PLANNED DEVELOPMENT SITE PLAN LOCA TED AT 9101 A NORTH TARRANT PARKWAY (.56 ACRES). APPROVED Planner Dave Green summarized the case. Murphy Oil is proposing to construct two pumps at a four bay self-serve gasoline facility equaling 8 pumps on Wal-Mart property along the North Tarrant Parkway frontage. This use and location was approved with the original Wal-Mart Planned Development Site plan. Stipulations from the original site plan require that the gasoline facility elevations are to be approved prior to construction. A 20' tall canopy covering the pump islands is supported by eight, split-faced CMU columns. The roof structure is a seamless metal design with a 4 to 12 roof pitch. These design standards meet the minimum city requirements for canopies. The canopy elevation shows a Murphy Oil sign on both the front and back fascia of the structure. In addition gasoline price signs are shown on all four fascias of the canopy. All of the proposed signs meet current standards. Building elevations meet standards. Chairman Don Bowen opened the public hearing. Noone was in opposition. Chairman Don Bowen closed the public hearing. Bill Schopper, seconded by Bill Tucker motioned to approve PZ 2000-38R2. The motion carried unanimously (7-0). NOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CASE #: PZ 2000-38 R2 9101A North Tarrant Parkway A portion of Lot 1, Block 1 Wal-Mart Addition You are receiving this notice because you are a property owner of record within 200 feet of the above property. Purpose of Public Hearina: A public hearing is being held to consider a request from Murphy Oil Company to revise the approved Wal-Mart Planned Development Site Plan (ref. PZ 2000-38). The applicant is proposing to construct an 8 pump, self-serve, gasoline facility in front of the Wal-Mart building along North Tarrant Parkway. Public hearing approval of this development is required by the existing Wal-Mart Site Plan. Public Hearina Schedule: Public Hearing Date: PLANNING AND ZONING COMMISSION THURSDAY, JUNE 13, 2002 CITY COUNCIL MONDAY, JUNE 24, 2002 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS Time: Location: If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone(817)427~300 Fax (817) 427-6303 WaI-Mart Stores East Inc. 1301 S.E. 10th St. BentonviIle, AR 72716 -- ~ sE-i\\I'CI' 2~:; eÙlú)II<G ~ e¡~ 1I.¡¡j ¡S... iì\~ ...ï:! ~~ ~- §~ '" u « ~ w V1 '" z i!---- ~--- ===-=-- -=~--!I I II ~ I II ~~ : II 3li:r:::~ I I ;æ:(jj 1 ~~ì§ : I E~ I ,I (,) I I II I I 1______----------' , ~ ~~ vj~ ~ Q;-oq: a I.t) C» ~ .¿~ C\¡. -C\¡ -------- 2"'f' ,.;Qj t:: ~~ e ¡¡ji! . ...11> ~ ~~ f~ =:, g. .~ ~ ~~¡¡>~~,.. ~~~~~~ E-. t.¡G ~...:¡ ~t.¡ ::;¡V) ~~ ...:¡ þ.. ~ ~ ~ ... ." ~ 0:: ;:!; . .. þ.. ~ ~ ~ ... ." ~ ;:!; ~ @5 ." ~ i2 rl I >-1 i -<c I ~I Zi' -<c > J ~! .. I. I~ ~ I~ 2 I~ ~ 10 ~~ I~ II. 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" .~ .~ ,., c ~ ';; ~ <I æ ~ u C z ~ ... ~ ::ö~ III ¡¡ c. ~ ~ --'E ~ ::.::' W5 :.: u C ti «0 « Oc ~ ~ 0 a:: 0 0 « w a a:: ... ~ .> W ::;) )< ~ :J L. Ü [IJ ~ ... 1;; <i ai Ü A. '" ( 1 II 3 5 7 9 11 13 15 17 19 21 13 25 27 29 31 33 35 37 39 41 43 :5 ORDINANCE NO. 2635 ZONING CASE PZ 2000-38 R2 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, BY AMENDING THE PLANNED DEVELOPMENT SITE PLAN ON CERTAIN PROPERTY IN THE CITY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR SAVINGS; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of property located at 9101A North Tarrant Parkway, containing approximately 0.56 acres ofland, has filed an application to amend the existing "PD" Planned Development site plan on said property; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on June 13, 2002, and the City Council held a public hearing on June 24, 2002, with respect to the zoning change described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, and all other laws dealing with notice, publication and procedural requirements for the rezoning of the property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Zoning Ordinance is hereby amended by adopting the C-l amended "PD" site plan for that property containing approximately 0.56 acres ofland, located at 9101A North Tarrant Parkway, and being part of Lot 3, Block 1, Wal-Mart Addition, North Richland Hills, Tarrant County, Texas, described by metes and bounds as set forth on Exhibit "A" hereto, as set forth on the site plan attached hereto and incorporated herein as Exhibit "8." Section 2: The zoning districts as herein established have been made in accordance with a Comprehensive Land Use Plan for the purpose of promoting the health, safety, morals and general welfare of the community. Section 3: The official zoning map, ofthe City of North Richland Hills is hereby amended and the City Secretary is hereafter directed to revise the zoning map to reflect the amendments as set forth above. W:INor1hRichlandHillsIGeneraIIOrdinancesIPlannedDevAmend2.ord. wpd Page 1 ¡'j 1 Section 4: 3 5 7 9 11 Section 5: 13 15 17 19 Section 6: 21 ~3 25 Section 7: 27 29 Section 8: 31 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. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances affecting health and safety which have accrued at the time ofthe effective date ofthis ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance, but may be prosecuted until final disposition by the courts. Any person, 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. 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 IT IS SO ORDAINED. 33 PASSED AND APPROVED this 24th day of June, 2002. 35 37 39 41 CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor W:INorf1RichlandHillsIGeneraI\OrdinancesIPlannedDevAmend2.ord. wpd Page 2 II 1 'I II 3 il 1/ 5 II 7 9 11 ATTEST: Patricia Hutson, City Secretary W :\NorthRichlandHiIIs\General\Ordinances\PlannedDevAmend2.ord. wpd Page 3 / / MURPHY OIL LEASE AREA DESCRIPTION I Being a tract or parcel of land out of the Thomas Peck Survey, Abstract No. 1210, in City of North Richaland Hills, Tarrant County, Texas and being part of Lot 3, Block 1 of WAL-MART ADDITION, and Addition to the City of North Richland Hills, according to the Map thereof recorded in Volume, , Page , Map Records of Tarrant County, Texas, and being more particularly descr.ibed by metes and Bounds as follows: J COMMENCING at the southeast corner of said Lot ~ Block 1, Wal-Mart Addition also the intersection of the north right- of-way line of North Tarrant Parkway (a 200 foot right-of- way) with the west line of Precinct Line Road, (F.M. 3029) (0 variable width right-of-way); ,THENCE, South 89 degrees 25 minutes 45 seconds West, along the north /ine of said North Tarrant Parkway 0 distance of 340.05 feet to the POINT OF BEGINNING, a 1 2-inch iron rod set; THENCE, . South 89 degrees 25 minutes 45 seconds West, continuing along the north line of North Tarrant Boulevard a distance of 115.95 feet to a "X" set for corner; THENCE, North 00 degrees 00 minutes 00 seconds West, leaving the north line of said North Tarrant Parkway a distance of 189.27 feet to "XU cut for corner; THENCE, North 45 degrees 00 minutes 00 seconds East, a distance of 35.36 feet to "X" cut in concrete set for corner; THENCE, North 90 degrees 00 minutes 00 seconds East, a distance of 90.95 feet to a 1 2-inch iron rod set for .' corner; THENCE, South 00 degrees 00 minutes 00 seconds East, a distance of 213.11 feet to the POINT OF BEGINNING and containing 24,463 square feet or 0.5616 acres of land more or less. EXHIBIT i 1\ A " ---~----."--_.---¿>..- ~' CITY OF <','NORTH RICHLAND HILLS Department: Police Department Council Meeting Date: June 24, 2002 ,~, Subject: Regulation of Tow Truck Services - Ordinance No. 2630 Agenda Number: GN 2002-078 Ordinance No. 2630 has been prepared and submitted herewith to replace Ordinance No. 1797 regarding the regulation of tow truck services. Ordinance 1797 has become largely unenforceable in many areas concerning nonconsensual vehicle tows. The updates provided in Ordinance 2630 bring the City into compliance of applicable state and federal laws. Once passed, this Ordinance will amend Chapter 24 of the North Richland Hills Code of Ordinances and establish updated methods for tow truck services along with vehicle impoundment and storage facilities. This Ordinance provides for consent and non-consent tows while establishing standards for tow truck companies to make required notifications to the police for private property, non-consent tows. Additionally, the proper posting of signs along with procedure requirements are identified for private property owners and tow truck companies enabling them to conduct lawful, non-consent tows. This Ordinance will enable the City to maintain the current vehicle impoundment and storage facility or opt to contract these duties out to a private tow truck service for remote vehicle impoundment storage along with all contracted tow truck services for the City. "- If a contracted impoundment and vehicle storage facility is utilized, the ordinance will allow the City to collect administrative costs for maintaining a tow truck service contract. These fees can be adjusted annually in accordance with the consumer price index for the Dallas- Fort Worth area or any fees study that the City implements. The council can expect a recommendation as to whether we should abandon our present use of a City operated vehicle impoundment lot at the budget retreat if not prior to that event. In any case, this ordinance must be passed to bring us into compliance with current federal and state laws. Recommendation: That Ordinance No. 2630 regulating tow truck services be approved. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available "'-- Budget Director Page 1 of ...L ORDINANCE NO. 2630 ... 8 AN ORDINANCE AMENDING CHAPTER 24 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND ESTABLISHING A SYSTEM FOR TOWING AND STORING VEHICLES IN THE CITY; PROVIDING FOR CONSENT AND NON-CONSENT TOWS; PROVIDING FOR THE CITY TO CONTRACT FOR NON-CONSENT TOWS AND STORAGE; ESTABLISHING STANDARDS FOR CONTRACTORS; REQUIRING NOTIFICATION OF THE POLICE FOR PRIVATE PROPERTY NON-CONSENT TOWS; REQUIRING CERTAIN SIGNS BE POSTED ON PRIVATE PROPERTY FOR NON-CONSENT TOWS; ESTABLISHING A PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. 4 6 10 12 16 WHEREAS, the City Council desires to implement the recommendations of city staff to provide for contracting for non-consent police towing and vehicle storage and to establish standards for such contracts to establish requirements for signs for private property non-consent tows in addition to those required by the Texas Transportation Code; NOW, THEREFORE, 14 18 20 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 22 Section 1: THAT Chapter 24 of the Code of Ordinances, City of North Richland Hills, Texas, is hereby amended to read as follows: ;¡;"¡' 26 "CHAPTER 24 WRECKERS AND VEHICLE IMPOUNDMENT 28 Sec. 24-1. Impound and Storage Facility. 30 The Chief of Police of the City of North Richland Hills is hereby authorized to: 32 (a) Operate a City impound and storage facility for towed vehicles; 34 (b) Close, upon his order, any City impound and storage facility; 36 (c) Enter into a contract with a tow truck service to tow vehicles from public streets, scenes under police control, and city owned facilities of this City and store them either on the City impound facility or on the parking facility of that tow truck service. 38 40 42 2 Sec. 24-2. Towing Contracts. 4 In the event that the Chief of Police exercises his authority under Section 24-1 (c), the following provisions shall apply: 6 8 10 12 14 16 18 20 22 14 26 28 30 32 34 36 38 40 42 44 (a) If the City chooses to have the tow truck operator store the vehicles on its own lot, the tow truck service must have an all-weather surfaced and secure automobile storage area of sufficient size to meet the needs of the City as a storage and impound area for vehicles towed from the City streets. (b) If the City chooses to have the tow truck operator store vehicles on its own lot, the tow truck service must erect a sign clearly identifying its storage area as the City of North Richland Hills Auto Impound. A clear sign must identify the days and hours that the members of the public can claim vehicles and obtain their release. (c) The tow truck service contract must contain the tow truck fees charged to the public and must contain a provision that the fees cannot be increased without approval, in writing, by the City. (d) The tow truck service contract must contain a section which governs the charges made to the City for towing of its vehicles which cannot be increased without approval of the City. (e) The tow truck service contract will provide a mandatory provision for providing the capability of towing and storing large vehicles such as semi tractors and semi trailers which require special towing equipment. (t) The tow truck service contract shall be let by the City only after it has taken bids or requests for proposals. The criteria for such bids or requests for proposal shall be developed by the Chief of Police and the City Manager and may include limitations on the distance of the storage lot from city limits, experience in perfonning tow service and in conducting auctions of vehicles under Texas law and any other factors they may deem proper. The contract shall provide for the tow truck service to conduct auctions of towed, stored, and abandoned vehicles pursuant to the laws of the State, and to hold the City harmless in connection with such auction process; the contract shall not authorize the tow truck service to delegate this service. The tow truck service contract shall specify that the tow truck service operator must have at least four tow trucks in continuous serviceable operation at all times during the tenn of the contract. The said contract shall specify that the tow truck service company shall comply with all directives given by the police department personnel during police-initiated activity. The said contract shall contain such other provisions including response time which the Chief of Police deems necessary to insure good and acceptable towing and storage service to the City, its inhabitants, and the persons using its public streets and thoroughfare. The tow truck service contract shall contain provisions for 2 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 administrative fees and costs to be paid to the City which are generated by towing and storage fees, and a provision that all fees shall be adjusted annually for increases in the consumer price index for the Dallas-Fort Worth area as established by the appropriate agency of the U.S. Government, or any other fees study implemented by the City. Such increases shall be subject to review and written concurrence of the City's Director of Finance. (g) The tow truck service engaged shall be governed by the "Texas Tow Truck Act" and the "Texas Storage Facility Act." Any further amendments to those state laws shall supersede provisions of this ordinance. (h) The Chief of Police will require a criminal history check and drug record check on each driver employed by the City contract tow truck service. (i) The Contract will provide that the contractor tow truck service will accept all vehicles towed from the public streets of the City or that such vehicles will be pulled to the City-owned impound, if the City operates an impound, and if the Chief of Police orders vehicles pulled to the City impound. The Contractor shall not be allowed to use any impound area other than its own without written approval of the Chief of Police. The location of its storage area must be clearly identified in the contract. CD The contract shall contain a procedure for the release of vehicles to the public from the storage/impound area. (k) Until such time that the criteria for bids or requests for proposal have been developed and the contract let as per the foregoing, the police chief is authorized to contract with any tow truck operator for towing services. Fees for services of the City Impound and fees for towing services shall remain at the rates in effect at the time of passage of this ordinance. 32 Sec. 24-3. Permitted Tows. 34 36 38 40 42 44 The towing of vehicles from public streets shall fall into one of two categories: (1) owner's request, or (2) Police Department tow truck. (a) Owner's Request - A tow truck requested to render service or towing for a particular person at their request. The operator of the vehicle or its owner must request this tow truck service by name. This tow truck service is not required to be on an approved listing to tow for this Police Department, but must have in place a tow truck tag as required by the Texas Department of Transportation or it will not be allowed to tow the vehicle. An owner's request tow truck may be used at the scene of an accident or on a vehicle that is abandoned, unless the officer on the scene determines that the vehicle is hazardous or that a time delay would endanger or hamper the general public's safety, well being, or the investigation. 3 -2 4 (b) 6 8 10 12 14 16 18 If the officer deems it necessary, a "Police Department tow truck" will be notified for immediate removal. Police Department Tow Truck - This tow truck is under police control and is called under police authority to remove or otherwise move vehicles. The vehicles moved by this tow truck will be taken to the location designated by police officials. These tows are to be considered by definition as non-consent tows. The Police Department tow truck is a contractual towing service that is determined by a contract let under Section 24-1 (c). The Police Department tow truck service shall be used for all vehicles on which a tow/pull is required by the Police Department and called by police authority to be towed to the police impoundment area. The police towing service shall tow all vehicles involved in accidents where the owner is not present, or is unable to request a tow truck, or in situations where the operator is hospitalized or incarcerated. This service shall also tow vehicles being held in criminal cases as evidence, vehicles seized for forfeiture in civil actions or vehicles involved in accidents where the officer deems it necessary to remove the vehicle by police authority and non-consent towing as defined under applicable state law. 20 Sec. 24-4. Notification of Police Required Prior to Removal After Accidents. No damaged or inoperative motor vehicle or vehicle shall be removed by the owner or a tow truck service company from the scene of a collision or vehicle accident without first notifying the North Richland Hills Police Department and receiving a consent for removal. 22 24 26 Sec. 24-5. Prohibition ofD nsolicited Tow Truck Activity , Recommendations by Employees. 28 (a) 30 32 34 36 (b) 38 40 42 No person shall drive a tow truck to or near the scene of an accident within the City of North Richland Hills unless such tow truck has been called to the scene by the owner, or his representative, of a vehicle involved, or by the Police Department. Each such tow truck operator, when called directly by the vehicle owner or his representative, shall notify the police dispatcher before proceeding to the scene of the disabled vehicle at the accident scene. No employee of the City of North Richland Hills shall recommend to any person directly or indirectly, either by word or gesture, sign or otherwise, the name of any particular person or firm engaged in the tow truck business, nor shall any City employee influence or attempt to influence, in any manner, a decision of a person in choosing or selecting a tow truck service, company or operator. 4 1. Sec. 24-6. Removal of Wreckage and Debris. 4 Each tow truck company called to the scene of an accident shall completely remove from the street all resulting wreckage or debris, including all broken glass, before leaving the accident site. 6 8 Sec. 24-7. Repossession or Recovery Towing. No person or firm shall operate a tow truck business in any manner, directly or indirectly, within the city limits for the purpose of towing a vehicle without the direct and express consent of the owner of the vehicle being towed, unless that tow truck or company has made the proper notification as prescribed by law to the Police Department, prior to the removal of the vehicle. Proper notification is deemed as the location the vehicle is being removed from, removed by whom, removed to what location, removed by whose authority, and complete description of the vehicle, in a written manner on the prescribed form at the Police Department. 10 12 14 16 18 Sec. 24-8. Non-Consent Private Property Towing; Required Signage. 20 (a) 22 14 26 28 30 32 34 36 (b) 38 40 42 Contractual Tow Trucks - Private Property Towing: - Non-Consent Towing; 1. Tow truck service or firms engaging in private property, non-consent towing of vehicles pursuant to Chapter 684, Texas Transportation Code, shall be licensed by the State pursuant to Chapter 643, Subchapter B, Texas Transportation Code, or any amendments to these state laws. 2. A tow truck service towing and/or a vehicle storage facility accepting a non-consent towed vehicle towed from private property must report that tow to the Police Department. This reporting must be made within thirty minutes of removing the vehicle, giving a general description of the vehicle, the vehicle license plate number and issuing state, vehicle identification number, location from which it was removed, where it is stored, contact information of storage facility and of the persons authorizing the vehicle to be removed. "Parking Facility" Signage and Posting: Requirements: 1. These requirements shall apply only where notice of prohibited parking is given by signs. They shall not apply to tows made of vehicles parked in fire lanes or of vehicles obstructing an entrance, exit, or aisle of a parking facility . 5 2 4 6 8 10 12 14 16 18 20 22 "24 26 28 30 32 34 36 38 40 42 44 2. Signs shall be placed on the right-hand side of each driveway access or curb cuts allowing vehicular access to a parking facility. If there are no curbs or access barriers, signs shall be placed at intervals of not less than twenty-five (25) feet around the perimeter which is accessible by vehicles. 3. Each sign shall be placed at a right angle so as to face entering traffic. They shall be placed no farther than five (5) feet from the public right of way, but shall not be within said right of way. 4. Each sign shall be pennanently installed on a pole, post, pennanent wall, or pennanent barrier so that the bottom edge of the sign is no lower than five (5) feet and no higher than eight (8) feet above the ground level. 5. Each sign shall be a minimum of eighteen (18) inches wide by twenty - four (24) inches high, and a maximum of twenty-four (24) inches wide by thirty (30) inches high. Their facings shall be fabricated out of weatherproof material. The letters on such signs shall be of a minimum height of two (2) inches, of a contrasting color to the background, and shall be light-reflective. The background shall be white. 6. Each sign shall state who may park in the facility, and shall further state that all others are prohibited and will be towed away at the owner's expense. The words "TOW A WAY ZONE" or "TOWING ENFORCED" shall be included on each sign in capital letters of a minimum height of two (2) inches. 7. Each sign shall provide the name and current telephone number of the person or finn authorized to tow vehicles from the parking facility, and the name and current telephone number of the vehicle storage facility, if different from the person or finn authorized to tow vehicles. Alternatively, each sign may state the name and phone number of the parking facility owner if that person has knowledge of the location of the stored vehicle. 8. Signs shall be continuously maintained at a parking facility for twenty- four (24) hours prior to the towing or removing of any vehicle. However, this subsection shall not be deemed as giving proper notice to the owner of a vehicle parked on a parking facility prior to the installation of the signs and not subsequently moved by the owner. 9. These provisions shall be in addition to the requirements of Chapters 684 and 685, Texas Transportation Code, or any amendments to these state laws. 6 L 4 Section 2: 6 8 10 Section 3: 12 14 16 18 20 Section 4: 22 ;¡;.-t Section 5: 26 (c) A facsimile transmission of the authorized police department form shall be considered proper notification under both Sections 24-7 and 24-8( a) of this Chapter." 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. 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 IT IS SO ORDAINED. 28 30 PASSED AND APPROVED this 24th day of June, 2002. 32 34 36 ATTEST: 38 CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor 40 Patricia Hutson, City Secretary 42 Approved as to form and legality: 44 George A. Staples, Attorney 7 CITY OF NORTH RICHLAND HILLS Department: Legal Council Meeting Date: 6/24/02 Subject: Creation of Municipal Court of Record - Ordinance No. 2631 Agenda Number: GN 2002-079 Ordinance 2631 puts all our municipal court provisions into a single new chapter of the Code of Ordinances. Although most of these provisions are unchanged from the existing uncodified ordinances, Subsections 161/2-2 (1) and (3) give the court, respectively, civil fine jurisdiction to enforce ordinances where the ordinance creates such fines, and authority to issue search· and seizure warrants for enforcement of such ordinances as our recently passed substandard buildings ordinance. Also, 161/2-6 authorizes the use of a recording device instead of a court reporter when a party asks for a record. Recommendation: To approve Ordinance No. 2631. Finance Review Account Number Sufficient Funds Available Finance Director ORDINANCE NO. 2631 1. 8 AN ORDINANCE AMENDING THE NORTH RICHLAND HILLS CODE OF ORDINANCES BY CREATING A NEW CHAPTER 16~; PROVIDING FOR A MUNICIP AL COURT OF RECORD; PROVIDING FOR THE TERM, SALARY AND APPOINTMENT OF A MUNICIPAL JUDGE AND FOR SUBSTITUTE JUDGES; PROVIDING FOR ADDITIONAL JURISDICTION OF THE COURT AND AUTHORITY TO ISSUE SEARCH WARRANTS FOR INVESTIGATING HEALTH, SAFETY AND NUISANCE ABATEMENT ORDINANCE VIOLATIONS; TO ISSUE SEIZURE WARRANTS FOR THE PURPOSE OF SECURING, REMOVING OR DEMOLISHING OFFENDING PROPERTY AND REMOVING DEBRIS; PROVIDING FOR THE APPOINTMENT OF A CLERK, DEPUTY CLERKS, AND OTHER COURT PERSONNEL; AND FOR THE HIRING, DIRECTION AND REMOVAL OF PERSONNEL AUTHORIZED IN THE ANNUAL BUDGET FOR THE CLERK'S OFFICE; PROVIDING FOR JURY SELECTION TO BE SUPERVISED BY THE CLERK; PROVIDING THAT PROCEEDINGS MAY BE RECORDED RATHER THAN PROVIDING A COURT REPORTER; AND PROVIDING FOR A TEEN COURT AND A TEEN COURT ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. 4 6 10 12 14 16 18 20 22 WHEREAS, Subchapter A of Chapter 30 of the Texas Government Code provides that the governing body of a municipality may, by ordinance, create a municipal court of record to provide for the appointment of one or more municipal judges, temporary replacements, for optional additional powers and jurisdiction, to provide for appointment of a municipal clerk, and for an alternate method of recording proceedings; and 24-- 26 28 WHEREAS, the City Council has heretofore created a municipal court of record and desires to implement the authorization of such cited Government Code provisions; and 30 32 WHEREAS, the City Council desires to include in a new chapter dealing with municipal court its previously promulgated provisions on teen court; NOW, THEREFORE, 34 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 36 Section 1: THAT the Code of Ordinances, City of North Richland Hills, Texas, is hereby amended by adding a Chapter to be numbered 16Yí which shall read as follows: 38 40 "CHAPTER 16~ MUNICIPAL COURT 42 Sec. 16~-1. Municipal Court of Record. 44 A municipal court of record shall exist in the City of North Richland Hills, Texas, to be 1 known as the Municipal Court of Record No.1. , A Sec. 16~-2. Jurisdiction. 4 8 In. addition to the jurisdiction provided by general law for municipal courts and for criminal cases arising under ordinances authorized by Sections 215.072, 217.042,341.903 and 401.002, Texas Local Government Code, the Municipal Court of Record No.1 shall have concurrent jurisdiction with the justice court in any precinct in which the city is located in criminal cases that arise within the territorial limits of the City. The court also shall have: 6 10 12 (1) civil jurisdiction for the purpose of enforcing municipal ordinances enacted under Subchapter A, Chapter 214, Local Government Code, or Subchapter E, Chapter 683, Transportation Code; 14 18 (2) concurrent jurisdiction with a district court or a county court at law under Subchapter B, Chapter 54, Local Government Code, within the municipality's territorial limits and property owned by the municipality located in the municipality's extraterritorial jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances; and 16 20 (3) authority to issue: 22 (A) search warrants for the purpose of investigating a health and safety or nuisance abatement ordinance violation; and 24- 26 (B) seizure warrants for the purpose of securing, removing, or demolishing the offending property and removing the debris from the premises. 28 Sec. 16~-3. Judge. 36 The Municipal Court of Record No.1 shall be presided over by one or more municipal judges meeting the requirements of Section 30.00006, Texas Government Code. The term of office of the municipal judges shall be for two years. Each such judge shall be appointed by ordinance which shall also include the salary for the term for which such judge is appointed. If a vacancy occurs during ajudge's term, the city council may appoint a person to fill the office for the remainder of the unexpired term. The judge shall supervise and control the operations and clerical functions of the court personnel during the proceedings of the court. 30 32 34 38 Sec. 16~-4. Substitute Judge. 44 The City Council may appoint one or more qualified persons to be available to serve for a municipal judge who is temporarily absent due to illness, family death, continuing legal or judicial education programs, or any other reason. The municipal judge shall select one of such appointees to serve during his absence. The substitute judge has all the powers and shall discharge all the duties of a municipal judge while serving as such. 40 42 2 Sec. 16~-5. Clerk, other personnel. , ... 8 The City Council shall appoint a clerk of the municipal court. The City Manager shall provide in the annual budget for such other personnel, including marshals, deputy marshals, deputy clerks, and clerical staff. The clerk and other court personnel shall perform their duties under the direction of the municipal judge. The City Manager or his designee shall hire, direct, supervise and remove all personnel authorized in the annual budget for the clerk's office, as he or she deems appropriate. The municipal court clerk or his deputy shall supervise the selection of persons for jury service. 4 6 10 Sec. 16~-6. Recording. 12 14 In lieu of a court reporter, proceedings in the municipal court shall, upon request, be recorded by a good quality electronic recording as authorized by Section 30.000010, Texas Government Code. 16 Sec. 16~-7. Teen Court Established. 18 There is hereby established 'The Teen Court of North Richland Hills, Texas.' 20 Sec. 16~-8. Teen Advisory Board; Terms, Qualifications. 22 24-- A Teen Court Advisory Board ("Board") is hereby established, and shall be composed of seven persons. The members serving in Places 2, 4 and 6 shall serve a term of two years with said term to begin on October 1st in even numbered years. The members serving in Places 1, 3, 5 and 7 shall serve a term of two years with said term to begin on October 1 st in odd numbered years. The members shall be as follows: 26 28 30 Place 1 Place 2 Place 3 Place 4 Place 5 Place 6 Place 7 High School Student General Public General Public General Public General Public General Public General Public 32 34 36 Sec. 16~-9. Appointment of Members of Board. 38 40 The appointments to the Board may be made by the City Council Member who holds the corresponding council place. 42 3 Sec. 16~-10. Qualifications of Board Members. 4 Place 1 on the Board shall be a resident of North Richland Hills who is a student at Richland High School, Birdville High School, or Fort Worth Christian High School. Places 2 through 7 shall be residents ofthe City of North Richland Hills. 6 Sec. 16~-11. Function of Board; Approval of Rules. 8 10 The function of the Board shall be to approve practices and procedures of the Teen Court as the 'Rules of the Teen Court of North Richland Hills.' 12 Sec. 16~-12. Powers of Judge in Operation of Teen Court. 14 In the event that any matter arises in the operation of the Teen Court which is not covered by the said 'Rules,' the Municipal Judge is given the discretion to rule on such matters. Final interpretation of the 'Rules' shall be within the province of the Municipal Court." 16 18 Section 2: This ordinance shall be in full force and effect immediately upon passage. 20 AND IT IS SO ORDAINED. 22 PASSED AND APPROVED this 24th day of June, 2002. 24--- CITY OF NORTH RICHLAND HILLS 26 28 By: Oscar Trevino, Mayor 30 ATTEST: 32 34 Patricia Hutson, City Secretary 36 Approved as to fonn and legality: 38 40 George A. Staples, Attorney 42 4 " \.., CITY OF NORTH RICHLAND HILLS Uepartment: Administration Council Meeting Date: 6/24/02 Subject Appointments to Citizen Capital Improvement Study Committee At the June 10 City Council meeting thirteen of the sixteen committee members were appointed to the Citizen Capital Improvement Study Committee. The three remaining nominations to be considered by Council are two at-large members and Councilman Turnage's second nomination. Councilman Turnage has nominated Mr. Richard Davis and the two at-large nominations are Dr. Jack D. Terry, Jr. and Mr. Jim Billingsley. Attached is more detailed information on the nominees' occupations and locations within the City. Agenda Number: GN 2002-080 Recommendation: To appoint three members to the Capital Improvements Study Committee. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available ~v¡¿~ Department Head Signature Finance Director NOMINEES FOR CITIZEN CAPITAL IMPROVEMENT STUDY COMMITTEE Councilman Turnage Richard Davis 6617 Hillside Court (Parkridge Estates) Sales/marketing At-large Dr. Jack D. Terry, Jr. 8105 Kentwood Drive (Thornbridge Addition) Semi-retired Southwest Baptist Seminary Mr. Jim Billingsley 8221 Vine Wood (Forest Glen Subdivsion) Retired Bell Telephone; Former Mayor - Small City, Iowa -: CITY OF NORTH RICHLAND HILLS \._ Department: Human Resources ',--. '--.- Councif Meeting Date: 6/24/02 Subject: Authorize City Manager to execute contract with Waters Agenda Number: PU 2002-027 Consulting Group to perform a compensation and classification study - Resolution No. 2002-057 In 1993, the City hired a consulting firm to conduct a comprehensive compensation and classification study. Since 1993, the Human Resources Department has maintained the City's compensation and classification systems. Due to significant changes to City operations andextemal market forces since 1993, City Council approved the funds for a comprehensive compensation and classification study for this budget year. The study will encompass all aspects oftheCity's compensation and classification system to include: preparation of clearly defined job descriptions and classifications for all full-time positions as well as the development of administrative policies, pay plan and maintenance system to keep salaries current and equitable. In March 2002, the City solicited proposals from consultants to perform the study. In response to our request, the City received ten proposals from local and out-of-state consulting firms. A selection committee of seven staff members representing various departments was chosen to review and evaluate the proposals based on the following criteria: experience working with cities of similar size and structure, approach to the project as described in their proposal, ability to complete the project within a reasonable amount of time, credentials of the project management staff, tasks expected of City personnel, and anticipated cost for completing the project. Three finalists, The Waters Consulting Group, Inc., Public Sector Personnel Consultants, and Maximus, Inc. were selected for personal interviews with the selection committee. Based on a review of the proposals and personal interviews, staff recommends that the contract be awarded to the Waters Consulting Group, Inc. of Dallas, Texas, for the following reasons: .. Most experience working with cities similar to NRH (San Marcos, Conroe, Garland, Haltom City, Killeen, Midland, Odessa, Carrollton, Waco, Flower Mound). .. Outstanding references. .. Support regarding reclassifications at no charge for one year following the completion of the project. Along with the Human Resources Department, a team of City employees will monitor the progress of this study. It is anticipated that the stUdy will begin in July and be compJetedDecember 2002. For purposes of budgeting, an estimated $65,700 was approved in the 2001-2002 budget for conducting the study. Although the recommended contract amount exceeds the budgeted amount, sufficient funds are available to provide for the necessary costs. Recommendation To award the attached contract for the comprehensive compensation and classification study to The Waters Consulting Group, Inc. in the amount of $71 ,970, as recommended by staff and approve Resolution No. 2002-057 authorizing the City Manager to execute the contract. Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~ eparnnent Head S~nawre Finance Review Account Number ~, Budget Director Page 1 of 1 ...... RESOLUTION No. 2002-057 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1 : THAT the City Manager is hereby àuthorized to execute an agreement with The Waters Consulting Group, Inc. to perform a compensation and classification study. AND IT IS SO RESOLVED. PASSED AND APPROVED on the 24th day of June 2002. CITY OF NORTH RICHLAND HILLS By: T. Oscar Trevino, Jr., Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, Attorney APPROVED AS TO CONTENT: Q~ Patr" Hillis, Director of Human Resources JULY 1.2002 WCG AND THE CITY OF NORTH RICHLAND HILLS ..-.-.------.--..---....--."---..-..-..-..--.- --.-.....--.-----..-.--.-.--- ---.-------.--... AGREEMENT FOR SERVICES Agreement made this 1st day of July 2002 between the City of North Richland Hills, Texas, hereafter referred to as The Client, and The Waters Consulting Group, Inc., hereafter referred to as WCG. RECITALS The Client has its principal place of business at 7301 NE Loop 820, North Richland Hills, Texas 76180. WCG has its principal place of business at 2695 Villa Creek Drive, Suite 104, Dallas, Texas 75234. WCG provides services to clients across the nation in the field of wage and salary system development, performance management, and other related human resource areas; therefore, The Client hereby engages in the services of ~nd in consideration of the promises herein contained, both parties agree to the following: TERM 1. This agreement shall be for the period necessary for successful completion of the pro)ect, commencing on July 1, 2002 and may not be terminated by The Client unless WCG's services are no longer desired. If The Client terminates, WCG is entitled to any portion of its fee so earned. WCG may not terminate said agreement unless The Client fails to pay WCG for services as agreed. If any of these provisions apply, the terminating party must provide 30 days written notice to the other party. SCOPE OF PROFESSIONAL SERVICES 2. WCG will provide professional services in the area of classification and compensation system development as outlined in the previously submitted proposal dated April 25, 2002, which is made a part hereof to the extent that it is not in conflict herewith. PROFESSIONAL FEES, EXPENSES AND INSURANCE 3. Professional fees for services as outlined within this agreement are $65,470.00 for general project elements with hourly and set rates for other optional and variable project elements. THE WATERS CONSULTING GROUP, INC. PAGE. 1 JULY 1·2002 WCG AND THE CITY OF NORTH RlCHLAND HILLS ____._._.__...__.____...______.._....___.__.__.__.____··--·---______0.._.__------ Project related expenses such as travel, printing and postage will be charged separately from professional fees and will not exceed $6,500.00. This is a contract total of $71,970.00 for consulting services (as outlined in Table 1) and estimated project-related expenses. Should The Client require additional services not included in this agreement and referenced proposal, an amendment to this agreement stating the exact scope of services and cost of all additional services shall be submitted for The Client's approval. WCG will also provide ongoing contact and telephone support to The Client after the project is complete regarding classification issues for new positions for one year at no additional charge. Fees for the project will be billed as work progresses. The Client will make payments for the project upon receipt of an invoice submitted by WCG. Payment to WCG is expected within 45 calendar days. All invoices will be forwarded to Mr. Patrick Hillis, Director of Human Resources for The Client, for processing unless otherwise directed. For reporting purposes, WCG's tax identification number is 75-2272138. WCG is an independent contractor and will provide proof of workers compensatlOn coverage prior to commencing work. 1. Strategic Planning and Project Administration throughout project 2. Employee Sessions and development of customized JDQ (12 sessions over 3 days) 3. Communication with Management regardingJDQ process 4. Development of Job Descriptions (Based on 174 JDs at $75.00 each) 5. Development of Appeals Process 6. Job Evaluation Development and Implementation and Development of Appeals Process 7. Salary Survey Process (utilizing reliable published data) (Based on approximately 70 job titles) 8. Development of Compensation Structure and Budget 9. Meetings with Oversight Committee (5 Total Meetings at "" 2 hours each + preparation time) 10. Meetings with City Manager and Project Director (3 Total Meetings at "" 2 hours each + preparation time) $6,000.00 $3,600.00 $900.00 $13,050.00 $960.00 $14,430.00 $3,600.00 $5,250.00 $1,800.00 $1,080.00 THE WATERS CONSULTING GROUP, INC. PAGE. 2 JULY 1.2002 WCG AND THE CITY OF NORTH RICHLAND HILLS .._-----~-~._-- II. One-on-One Meetings with 15 Department Directors to review job $3,000.00 evaluation placement (2 days onsite) 12. Employee Interviews during JDQ/JD Development (20 total) $2,400.00 13. HRNavigatorTM Software (Compensation Module - 1 license) $7,000.00 14. Development of Final Report $2,400.00 SUBTOTAL OF PROFESSIONAL FEES $65,470.00 Additional Employee Interviews during JDQ/JD Development (over 20) $120 per hourly interview Custom Salary Survey Efforts approved by City and only as necessary for jobs that are not found in survey database. Additional meetings or presentations as ordered by the City's Project Director $ 120/hour $ 120/hour DEVOTION OF TIME 4. WCG shall devote such time to the performance of its duties under this agreement as is necessary for the completion of all project phases. ENTIRE AGREEMENT 5. This agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or prollÙse relating to the subject matter of this agreement that is not contained herein shall be valid or binding. AMENDMENT 6. This agreement may be amended by the mutual agreement of the parties hereto in writing and must be attached to and incorporated into this agreement. LEGAL CONSTRUCTION 7. In case anyone or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof and this agreement shall be THE WATERS CONSULTING GROUP, INC. PAGE. 3 -------- JULY 1 .2002 WCG AND THE CITY OF NORTH RICHLAND HILLS constructed as if such invalid, illegal, or unenforceable provision had never been contained herein. Executed on the day and the year first written in this agreement. CITY OF NORTH RICHLAND HILLS THE WATERS CONSULTING GROUP, IN By: x Name: Larry J. Cunningham Title: City Manager By: x Name: Rollie O. Waters, CMC Title: President THE WATERS CONSULTING GROUP, INC. PAGE. 4 Announcements and Information June 24, 2002 Announcements Presented by: COUNCILMAN TOLBERT Join us for the Northeast Family Fourth Celebration on Thursday, July 4th. This year's event promises to be a fun-filled night for all. Beainnina at 7:30 p.m., entertainment will be provided at three locations including Birdville Fine Arts! Athletic Complex, The Crossing shopping center, and BlueLine Ice Complex. At 9:30 p.m., a spectacular fireworks show will light up the summer sky at HomeTown NRH. A big, red balloon in the sky will direct viewers where to position themselves to best view the show. City offices will be closed on Thursday, July 4, in observance of Independence Day. Trash service will not be interrupted and continue as regularly scheduled. Information Presented by: COUNCILWOMAN JOHNSON June 28 Dive In Movie-uShrek" NRH20 Water Park 9:00 p.m. (approximately) 817 -427 -6500 July 5 Dive In Movie-uRecess School's Out" NRH20 Water Park 9:00 p.m. (approximately) 817 -427 -6500 July 6 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. 817 -427 -6570