HomeMy WebLinkAboutCC 2001-09-24 Agendas
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CITY OF NORTH RICH LAND HILLS
PRE-COUNCIL AGENDA
I . SEPTEMBER 24, 2001 - 6:00 PM
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i For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301
Northeast Loop 820.
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NUMBER ITEM ACTION
TAKEN
1. Discuss Items from Regular September 24, 2001 City
Council MeetinQ (5 Minutes)
12. IR 2001-141 Review of Road HumD Policv (15 Minutes)
3. IR 2001-142 Brownfields Pilot Proaram (10 Minutes)
4. IR 2001-144 Review Status of Possible Zoning Ordinance Revisions -
PlanninQ and ZoninQ Update (15 Minutes)
5. IR 2001-143 New Votina System (5 Minutes)
6. Adjournment - 6:50 Dm
*Closed due to subject matter as provided by the Open Meetings Law. If any action is
contemplated, it will be taken in open session.
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City Council Agenda
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CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
SEPTEMBER 24, 2001 - 7:00 PM
For the Meeting conducted at the North Richland Hills City Hall Council Chambers 7301 Northeast
Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion and/or
action.
1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for
separate discussion.
2. The Council reserves the right to retire into executive session concerning any of the items
listed on this Agenda, whenever it is considered necessary and legally justified under the Open
Meetings Act.
3. Persons with disabilities who plan to attend this meeting and who may need assistance should
contact the City Secretary's office at 817-427-6060 two working days prior to the meeting so
that appropriate arrangements can be made.
I NUMBER I ITEM I ACTION TAKEN
I 1. I Call to Order I
2. Invocation -
Brownie Troop 1132
Tamie Lumpkins, Troop Leader
3. Pledge -
Brownie Troop 1132
Tamie Lumpkins, Troop Leader
4. Special Presentations
a) Yard of the Month Awards
5. Removal of Item(s) from the Consent Agenda
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I NUMBER I ITEM I ACTION TAKEN I
6. Consent Agenda:
a. Minutes of the Pre-Council Meeting
September 10, 2001
b. Minutes of the City Council Meeting
September 10, 2001
GN 2001-095 c. Contract Authorizing Pass-Through
State Grant Agreement for NETS
PU 2001-038 d. Approve Microsoft PC Software
Purchase With SHI Government
Solutions - Resolution # 2001-054
PW 2001-018 e. Approve Wastewater Transportation
Contract with Trinity River Authority for
the Walker-Calloway Outfall Trunk
Sewer - Resolution No. 2001-055
PW 2001-019 f. Award of Bid for Holiday Lane at
Trinidad Traffic Signal Light Installation
to Roadway Solutions in the amount of
$64,927
7. (a)GN 2001-096 Approve City/Developer Agreement for North
Tarrant Parkway - Resolution No. 2001-057
(b)PS 2001-15 Consider the Request from Tom Galbreath for
the Approval of a Final Plat of Lots 1-7, Block
1, Wal-Mart Addition (Located east of Davis
Boulevard, west of Precinct Line Road and
north of North Tarrant Parkway)
8. PS 2001-25 Consideration of a Request from Robert
Baldwin representing CVS Pharmacy for the
Approval of a Final Plat of Lots 1-R, 2 and 3,
Block 1 Home Depot Addition (Located at the
northwest corner of Precinct Line Road and
Mid-Cities Boulevard).
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NUMBER ITEM ACTION TAKEN
9. PZ 2001-20 Public Hearing to Consider a Request from
Marvin Smith and C.A. Sanford, on behalf of
the Property Owner M&J Construction, for a
Zoning Change on .34 acres of land from C-2
Commercial to PD Planned Development for
an Office Development (Located in the 8000
block of Main Street - Ordinance No. 2570
10.GN 2001-097 Proposed Legislation Supporting Cities
Authority to Regulate the Location of
Manufactured Housing - Resolution No.
2001-056
11. a) Citizens Presentation
b) I nformation and Reports
12. Adiournment
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City Council Agenda
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2001-141
~ Date:
T Subject:
September 24,2001
Review of Road Hump Policy
The Road Hump Ordinance (Ordinance No. 1921) was approved by City Council on March 28,
1994. The ordinance states the following criteria must be satisfied before a street is to be
considered eligible for road humps.
1. A petition that documents a minimum of two-thirds (2/3) of the households are in support.
2. The street must be classified as a residential street.
3. There must be no more than one moving lane of traffic in each direction.
4. Traffic volumes must be more than 500 vehicles per day.
5. Vehicle speeds must equal or exceed 35 miles per hour.
6. The street must not be an identified primary route for emergency vehicles.
7. A street used as a bypass or close proximity to a school zone may qualify.
8. The street must have adequate sight distance to safely accommodate the road humps.
9. Residents will pay the City the cost outlined below prior to the installation of the road
humps.
Two Road Humps
Each additional road hump
$500.00
$150.00
The ordinance also specifies that the minimum spacing between road humps shall range from
200 feet to 400 feet, depending on the number of road humps and geometrics of the street.
The ordinance outlines in detail which streets are eligible and how the road humps will be
installed. Some areas that Public Works could suggest changing would be the following:
· Currently, the petition must document that two-thirds (2/3) of residents are in support of the
road humps. This could be changed to a higher percentage, such as 80% in support. This
would be consistant with other ordinances that require a majority vote.
· Road humps cost the City approximately $1000 per road hump to install. The City is
currently charging the residents $250 per road hump for the first two, then $150 for each
additional road hump. The amount charged to the residents could be increased.
· The spacing criteria could be changed from a 200 feet to 400 feet spacing to a minimum of
400 feet. The ordinance could also be revised to require all streets reconstructed that have
road humps, to be reconstructed based on the "new" spacing criteria.
Staff is requesting direction from Council and will be available to answer questions.
Respectfully submitted,
J1)Å ï Cu:t'
Mike Curti~, P.E.
Public Works Director
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2001-142
~ Date:
T Subject:
September 24, 2001
Brownfields Pilot Program
The City recently received information from the Tarrant County Community Development
Division (TCCDD) about the Brownfields Pilot Program. A brownfield is defined as an
abandoned, idled, or underused property where expansion or redevelopment is complicated by
real or perceived contamination. Brownfield sites include abandoned factories and other
industrial facilities, automotive service stations, oil storage facilities, dry cleaning stores and
other business that dealt with polluting substances. Sitting unused or under-utilized, brownfields
are impediments to economic development in rural and urban communities.
After reviewing the material, we are looking into making application to participate in this pilot
program. The target property is 4101 Rufe Snow Drive, on an island at the intersection of Rufe
Snow Drive and Glenview Drive. This property, which is currently idle, was a Citgo gas station.
The gas tanks have been removed. Two possible end uses will be identified on the application;
1) paving over the property as part of the Rufe Snow Drive widening project or 2) redeveloping
the property for commercial uses.
Through this Brownfields Pilot Program, Tarrant County has funding available to cover site
assessment and remediation planning costs. Tarrant County's role in this program is to provide
technical support, planning assistance and oversight of the process. The Brownfields Program
Manager, Deborah Siefert, said that it will take a few weeks to review the application once it is
submitted and then their consultant, IT Environmental Consultants, Inc., can begin site testing.
Remediation planning, if required, can begin after review and approval from the EPA. The EPA
review process could take several months.
After speaking with Ms. Siefert, the property appears to be a good candidate for the program.
She indicated that the property owner's permission and cooperation was essential. Before
making application, the City will need to further investigate the implications to the property
owner and contact them.
Respectfully submitted,
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Mike Curtis, P.E.
Public Works Director
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2001-144
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Date:
September 20,2001
Subject:
Planning & Zoning Update
Staff will be giving a brief overview at the City Council Briefing on September 24th regarding
the following proposed changes to the zoning ordinance that have been discussed by the
Planning & Zoning Commission:
· Zoning Classifications
As a follow up to the Comprehensive Plan staff is continuing to work on zoning
reclassifications that would include changing LR (Local Retail) to NS (Neighborhood
Services), C-1 (Commercial) to R (Retail) and C-2 (Commercial) to C (Commercial). These
changes may involve changing specific land uses within each district and will require formal
notification. It is anticipated that these changes should be ready for public hearings at the
beginning of the year.
The changes below are being prepared to come forward with public hearings within the next
month.
· New Land Uses
Tattoo parlors and head shops are proposed to be addressed in a new category called
Specialty Personal Service Shops. These will be permitted in the C1 and C2 districts with a
Special Use Permit. A new category for social services facilities with temporary living
quarters (including women's shelter) will be permitted in the office, commercial and industrial
districts with a special use permit. The land use designation for Mini-warehouse (self storage)
has been amended to permit these uses in commercial and industrial districts with a special
use permit. This change is consistent with the Comprehensive Plan recommendations.
· Incidental Outside Display
Incidental Outside Display is proposed to be allowed in front of retail establishments such as
grocery stores and retail shopping centers. A new section has been added to the ordinance,
which clearly describes when and where incidental outside display may occur. It permits
incidental outside display to be located within 12' of the front of the building. An unobstructed
walkway, at least 5' in width, must also be provided. Existing big box retailers such as Wal
Mart, Garden Ridge and Home Depot will be required to obtain a special use permit to define
where outside display is allowed onsite.
· Front Yard Fences in Residential Areas
Clarifies fencing requirements for front yards in residential zoning districts. Ornamental
fences less than 4 feet in height will not be required to have masonry columns. All
ornamental fences greater than 4 feet in height will be required to have masonry columns at
least every 30 feet of length.
I~SUED BY THE CITY MANAGER
NORTH RICHLAND HILLS. TEXAS
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· Proposed Residential Developments
The Comprehensive Plan indicates low density residential development should conform to the
R1, R2 or R3 zoning districts. Two cases are under review that involve residential lots less
than the typical R3 lot standards.
The Barnett Tract includes a 45 acre parcel on Davis Boulevard just south of the HomeTown
development. This tract is indicated on the Comprehensive Plan as Town Center zoning and
staff is reviewing this request under the Town Center zoning regulations.
The second case includes approximately 75 acres of the Billy Graham property southeast of
Rufe Snow and Hightower. This request includes 294 lots with 25% of the lots at R3 (65 foot
width) and 75% of the lots smaller than R3 lots (50 to 60 foot widths). Development
constraints include drainage issues and a 6 acre park is proposed to be dedicated to the City.
· Architectural Requirements
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The City's current building articulation ordinance requires all commercial buildings greater
than 10,000 square feet must have a building offset of at least 10 feet every 50 feet of
building frontage. Several cases for PO have been submitted for commercial structures which
cannot meet the current requirements for building articulation. (Home Depot, Wal Mart) A
new ordinance is being proposed to provide more flexibility to designers and developers of
commercial structures in terms of design features in building facades rather than just building
articulation and still retain the intent of providing building diversity rather than straight, flat
boxes. The Planning & Zoning Commission have been reviewing possible standards and are
expected to provide detailed direction for this ordinance revision at their September 27th
meeting.
Sincerely, ~
, n).:~'f'
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John Pitstick
Development Director
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2001-143
~ Date:
T Subject:
September 24, 2001
New Voting System
Tarrant County Elections office has notified the City Secretary of their plans to use a new voting
system during the November 6 election. They will be using a Direct Record Electronic System
(DRE). The County is asking Tarrant County cities that will also be conducting an election on
November 6 to use this new system. The DRE system will be replacing the voting machines
that the County and cities have used for several years. With the DRE there will be no paper
ballots. The voters will cast their votes directly on the electronic screen. Our Charter
propositions will appear at the beginning of the electronic ballot followed by the Constitutional
Amendments. After the voter has cast his votes, the system gives the voter the opp'ortunity to
review his choices, make any corrections, and vote for any items that he may have overlooked
before the vote is entered into the system. .
The County will be using the new system during early voting only and the regular system will be
used on Election Day. The use of the new system during early voting will better accommodate
the voters than the old system. The new system will allow the voters to be processed to vote in
a more timely and efficient manner and voters will be able to cast their votes at one joint voting
station rather than two stations. Voters will also be able to vote at any of the County's early
voting sites. Additionally, federal legislation now requires that voting systems must provide a
practical and effective means for voters with physical difficulties to cast a secret ballot and it
must comply with the Federal Rehabilitation Act of 1973 and the Federal Americans with
Disabilities Act. The County has been examining different voting systems to meet these federal
requirements for the past three years. The DRE meets these requirements as well as
requirements of the Secretary of State. Other cities that will also be using the new system on
November 6 include the cities of Keller, Haltom City, Grand Prairie, Bedford and Pantego. The
County used this system last November at the Northeast Subcourthouse and the Southwest
Subcourthouse. Approximately 19,000 voters used the system and it was well received. The
County will be providing voters with information on the use of the new machines. They are still
working on some of the promotional details, but they are planning to provide additional
information to the City Secretaries in the next few weeks. We do not anticipate any difficulties
with the use of the DRE and we feel that it provides an opportunity to improve service to our
citizens.
The City Secretary will be available during the Pre-Council meeting to address any questions or
concerns.
Respectfully submitted,
,r:;;¿t(á.tæ !-k{tSin/
Patricia Hutson
City Secretary
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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Y ARD-OF-THE-MONTH
September, 2001
AREA 1 Jay & Melissa McSpadden, 4408 Diamond Loch N.
Sherry Morgan, Judge
AREA 2 Bill & Pam Wriaht. 7229 Riviera
Helen Moore, Judge
AREA 3 Toni & Justin McWilliams, 6317 Skylark
Cindy Hayes, Judge
AREA 4 Dianna Isaacs, 7600 Palomar
Betty and Marshall Siemer, Judge
AREA 5 Lynn Godwin. 8000 Irish
Patsy Tucker, Judge
AREA 6 No Selection
Suzy Compton, Judge
AREA 7 Mel and Mary D. Follis, 9249 Meanderina Drive
Tracy Andrews, Judge
AREA 8 Richard & Cheryl Morton. 7801 Miracle Ln.
Scott Wood, Judge
AREA 9 Ken & Debbie Burrouahs. 7836 Cloverleaf
Theresa Hampton, Judge
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Present:
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Absent:
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 - SEPTEMBER 10, 2001 - 5:45 P.M.
Charles Scoma
Russell Mitchell
Frank Metts, Jr.
JoAnn Johnson
David Whitson
Joe D. Tolbert
T. Oscar Trevino, Jr.
Larry J. Cunningham
Randy Shiflet
Steve Norwood
Greg Vick
Patricia Hutson
Rex McEntire
Paulette Hartman
Mike Curtis
John Pitstick
Jenny Kratz
Karen Bostic
Tom Shockley
Andy Jones
Terry Kinzie
Mayor
Mayor Pro Tem
Councilman
Councilwoman
Councilman
Councilman
Councilman
City Manager
Deputy City Manager
Assistant City Manager
Managing Director Community Services
City Secretary
City Attorney
Asst. to the City Manager
Public Works Director
Director of Development
Public Information Director
Budget Director
Police Chief
Fire Chief
Information Services Director
Lyle E. Welch
Councilman
ITEM DISCUSSION ASSIGNMENT
CALL TO ORDER Mayor Scoma called the meeting to order at
5:45 p.m.
DISCUSS ITEMS None.
FROM REGULAR
SEPTEMBER 10,
2001 CITY
COUNCIL AGENDA
IR 2001-132 Mr. Cunningham advised that during the
REPORT OF Council's June Goals Work Session, the Council
VALUES discussed and identified core values. A Council
STATEMENT AD- Ad Hoc Committee was appointed to refine the
HOC COMMITTEE meaning of the core values. The Ad Hoc
Committee met recently with Mr. Sumek to
discuss the value statement and present a
recommendation to the Council. The Ad Hoc
II I Committee arrived at a consensus from the I I
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Pre Council Minutes
September 10,2001
Page 2
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information gathered at the Goals Work Session
and their report is being presented to Council
during the Pre Council meeting along with an
action item at the regular meeting approving a
resolution adopting the core values and goals.
The committee also discussed the Mayor and
City Council joining in a meeting with City Staff
to present and discuss with staff the cor~
values. NAN
IR 2001-128 Mr. Brad Tribble, Kimley Horn, presented a
PRESENT A TION computer rendering presentation giving Council
FROM KIM LEY a visual perspective of how North Tarrant
HORN FOR NORTH Parkway will look when it is constructed and
TARRANT landscaped. The presentation showed an aerial
PARKWAY view and a view from the motorists perspective.
The Council was shown a computer rendering
presentation of the streetscape design elements
- trees, shrubs, light standards, signage, pavers,
etc. - that are being considered for the parkway.
There was discussion on stamped pavers vs.
concrete pavers. Councilman Trevino
expressed concerns with pavers. Several
Council members agreed that if should they
decide to use pavers, concrete pavers were
preferred. Councilwoman Johnson advised she
preferred ornamental light fixtures for the light
standards - she preferred the older antique look
as opposed to modern fixtures. Council was
advised that the final design of North Tarrant
Parkway with the specifications would be
submitted to staff for their first review in about
four weeks, and the design can be tweaked as
necessary. Council consensus was to have
engineers complete plans and specifications
using the proposed standards and designs
presented and discussed by Kimley Horn. S.NORWOOD/M.CURTIS
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IR 2001-130
DISCUSSION OF
SPEED HUMPS -
COUNCILWOMAN
JOHNSON
IR 2001-131
REQUEST FROM
NORTH HILLS
MALL FOR IN-KIND
SERVICES FOR
AGGRESSIVE
SKATERS
ASSOCIATION
WORLD
CHAMPIONSHIPS -
OCTOBER 19 - 21,
2001
ADJOURNMENT
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Pre Council Minutes
September 10, 2001
Page 3
Councilwoman Johnson advised she would like
Council to consider changes to the city's road
hump policy. Councilwoman Johnson
expressed concerns with the number of road
humps being constructed in the City and the
number allowed on a street. Councilwoman
Johnson would like more criteria that would limit
the number of road humps. Councilwoman
Johnson would like Staff to review the current
policy and recommend changes. The Council
discussed the cost factor, current spacing
requirements, and other speed reducing
alternatives. The consensus of the Council was
for staff to review the policy, criteria, spacing,
cost allocation, alternatives to speed humps and
brin a recommendation back to the Council. S.NORWOOD/M.CURTIS
Mr. Pitstick briefed the Council on the upcoming
ASA World Championships to be held at North
Hills Mall October 19-21,2001. North Hills Mall
has requested the City to provide in-kind
services in exchange for a sponsorship. Mr.
Pitstick explained to Council the benefits the city
would receive with a sponsorship. Several
Council Members expressed concerns with the
city funding in-kind services and questioned why
another source could not be found for the
sponsorship. After discussion by Council, the
consensus was for the City not to participate in
the sponsorship and for the Mall to reimburse
the City for the in-kind services provided by the
Cit durin the event. J.PITSTICK
Mayor Scoma announced at 6:58 p.m. that the
Council would adjourn to Executive Session for
consultation with City Attorney regarding matter
Cause No. 01-0559-2 City of North Richland
Hills vs. Rufe Snow L.P., et al as authorized by
Government Code §551.071. The Executive
Session adjourned at 7:00 p.m. to the regular
Cit Council meetin .
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ATTEST:
Pre Council Minutes
September 10, 2001
Page 4
Charles Scoma - Mayor
Patricia Hutson - City Secretary
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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 - SEPTEMBER 10, 2001 -7:00 P.M.
1.
CALL TO ORDER
Mayor Scoma called the meeting to order September 10, 2001 at 7:05 p.m.
ROLL CALL
Present:
Charles Scoma
Russell Mitchell
Frank Metts, Jr.
JoAnn Johnson
David Whitson
Joe D. Tolbert
T. Oscar Trevino, Jr.
Mayor
Mayor Pro Tem
Councilman
Councilman
Councilman
Councilman
Councilman
Staff:
Larry J. Cunningham
Randy Shiflet
Steve Norwood
Greg Vick
Patricia Hutson
Rex McEntire
City Manager
Deputy City Manager
Assistant City Manager
Managing Director of Community Services
City Secretary
Attorney
Absent:
Lyle E. Welch
Councilman
2.
INVOCATION
The Junior Girl Scouts Troop 1213 of Snow Heights Elementary gave the invocation.
3.
PLEDGE OF ALLEGIANCE
The Junior Girl Scouts Troop 1213 of Snow Heights Elementary led the pledge.
4.
SPECIAL PRESENTATIONS
None.
City Council Minutes
September 10, 2001
Page 2
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5.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
6.
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A. MINUTES OF THE PRE-COUNCIL MEETING AUGUST 27,2001
B. MINUTES OF THE CITY COUNCIL MEETING AUGUST 27,2001
C. APPROVAL OF 2001 CERTIFIED TAX ROLL - RESOLUTION NO. 2001-50
D. AUTHORIZING HOMESTEAD, OVER 65, AND DISABILITY EXEMPTIONS FROM
AD VALOREM TAXES - ORDINANCE NO. 2568
E. APPROVE PURCHASE OF CLASS ECONNECT SOFTWARE - RESOLUTION NO.
2001-051
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Mayor Pro Tem Mitchell moved, seconded by Councilman Whitson, to approve the
consent agenda.
Motion to approve carried 6-0.
7.
GN 2001-088 - LOCAL LAW ENFORCEMENT BLOCK GRANT PUBLIC HEARING
AND APPROVAL
APPROVED
Chief of Police Tom Shockley summarized request. The City's 2001 Local Law
Enforcement Block Grant award is in the amount of $30,456.00 with the City's cash
match at $3,384.00. The recommendation is for the funds to be allocated for the
purchase of three vehicle mounted thermal imaging devices.
Mayor Scoma opened the public hearing and asked for anyone wishing to speak to
come forward. There being no one wishing to speak, Mayor Scoma closed the public
-hearing.
Councilwoman Johnson moved, seconded by Councilman Trevino to approve GN
2001-088, approving the planned expenditure.
e Motion to approve carried 6-0.
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City Council Minutes
September 10, 2001
Page 3
8.
GN 2001-089 - ADOPTING THE TAX RATE FOR TAX YEAR 2001 -
ORDINANCE NO. 2567
APPROVED
Ms. Karen Bostic, Budget Director, summarized request for Council. The proposed
2001/2002 tax rate is 57¢. The proposed rate is broken down into two parts: 33.53¢
for the purposes of maintenance and operation and 23.47¢ for the payment of principal
and interest on debt of the City.
Councilman Tolbert moved, seconded by Councilman Trevino, to adopt Ordinance No.
2567 setting the tax rate for the 2001-2002 fiscal year at 57ft.
Motion to approve carried 6-0.
9.
GN 2001-090 - ADOPTING THE 2001-02 BUDGET - ORDINANCE NO. 2569
APPROVED
e Ms. Bostic advised Council the proposed budget for 2001-2002 was filed with the City
Secretary's office on July 30,2001, and all necessary publications and hearings have
been completed in accordance with City Charter and State Law.
Councilman Tolbert moved to approve Ordinance No. 2569 adopting the 2001-2002
Budget for all funds and the revisions to the 2000-2001 Budget for all funds.
Councilman Trevino seconded the motion.
Motion to approve carried 6-0.
10.
GN 2001-091 - APPROVE NAMING OF HIGHWAYS 183/820/26/121/ FM 1938
INTERCHANGE - RESOLUTION NO. 2001-49
APPROVED
Mr. Steve Norwod, Assistant City Manager, advised Council the resolution before them
is the formal request that will be sent to Texas Department of Transportation for their
consideration to name the recently completed interchange as the "Wes Heald/Northeast
Tarrant Interchange". Mr. Heald is the retiring Executive Director of Texas Department
of Transportation and played an instrumental role in securing the funding for the
Interchange at 26, 820 and 121.
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Councilwoman Johnson moved, seconded by Councilman Whit~on, to approve GN
2001-091, Resolution No. 2001-049, requesting the Texas Department of
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City Council Minutes
September 10, 2001
Page 4
Transportation to name the recently completed interchange as the "Wes Heald /
Northeast Tarrant Interchange".
Motion to approve carried 6-0.
11.
GN 2001-092 -APPROVAL OF AMENDMENT TO THE YOUTH ADVISORY
COMMITTEE BY-LAWS
APPROVED
Ms. Paulette Hartman, Administrative Assistant to the City Manager, summarized
request for Council. The proposed changes are to Section 1 of the by-laws dealing with
representation. The recommended change would expand representation of the
committee as follows: Ten representatives that attend any public or private high school
in the area and reside in the City of North Richland Hills will be chosen to fill two-year
terms; and the other six members will be chosen to serve a one-year term.
The Council discussed including home school students in the representation and
limiting the maximum number of students from one school.
Councilman Trevino moved, seconded by Mayor Pro Tem Mitchell, to approve the
amendment to the Youth Advisory Committee Bylaws as proposed expanding
representation on the Committee with the inclusion of home school students and the
maximum number of students from anyone school at three.
Motion to approve carried 6-0.
12.
GN 2001-093 - CONSIDER ADOPTION OF 2001 GOALS AND CORE VALUES-
RESOLUTION NO. 2001-52
APPROVED
Mr. Larry Cunningham, City Manager, briefly reviewed the goals set by Council at the
June 8 & 9, 2001 Goals Work Session. Goals established were Safety and Security,
Quality Development, Quality Redevelopment and Reinvestment, Financially
Responsible City Government, Quality of Life Amenities for the Community, and
Effective Transportation System. Mr. Cunningham reviewed the Core Values identified
by the Council. Core Values established were Respect, Service, Productivity, Integrity,
Responsibility, Innovation and Teamwork.
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City Council Minutes
September 10, 2001
Page 5
Mayor Pro Tern Mitchell moved to approve Resolution No. 2001-052 adopting the Goals
and Core Values for the City of North Richland Hills as revised and established June
2001. Councilwoman Johnson seconded the motion.
Motion to approve carried 6-0.
13.
GN 2001-094 - APPROVE RESOLUTION DESIGNATING INDIVIDUAL TO
EVALUATE CAPP'S SAVINGS AND TO ENTER POWER CONTRACT ON BEHALF
OF THE CITY - RESOLUTION NO. 2001-053
APPROVED
Mr. Greg Vick, Managing Director of Community Services, summarized request. The
proposed resolution designates an individual to evaluate CAPP savings and another
individual to enter into a private contract on behalf of the City. This will allow the City to
act promptly and enter into a contract under the most favorable terms. Staff
recommends that the resolution designates Greg Vick to be the individual to evaluate
the CAPP savings and Mayor Scoma to sign the power contract on behalf of the City.
Councilman Trevino moved to approve Resolution No. 2001-053 designating Greg Vick
to evaluate CAPP's saving and Mayor Scoma to enter into power contract on behalf of
the city. Councilman Tolbert seconded the motion.
Motion to approve carried 6-0.
14.
PW 2001-017 - AWARD OF BID TO JCF BRIDGE & CONCRETE FOR IRON HORSE
GOLF COURSE IMPROVEMENTS AND AMEND BUDGET
APPROVED
Mr. Mike Curtis, Public Works Director, summarized request. The scope of work
includes the three most critical bridges and drainage improvements along fairway #1
identified in the base bid plus alternate #3 consisting of constructing a flume between
two houses along fairway #1. The total bid amount for these improvements is
$518,732.05.
After questions by Council, Councilman Tolbert moved to approve PW 2001-017,
awarding the bid for the Iron Horse Golf Course Bridge and Drainage Improvement
project to JCF Bridge and Concrete in the amount of $518,732.05 and to amend the
2001/2002 CIP Budget. Councilman Trevino seconded the motion.
Motion to approve carried 6-0.
·
e
e·
City Council Minutes
September 10, 2001
Page 6
15.
(A) CITIZENS PRESENTATION
None.
(B) INFORMATION AND REPORTS
· September 17, 6:00 p.m. - Council Work Session to review the City Image
Study
· September 15 - Trash Bash 2001
· September 13 - Flamenco Dane lessons - call 817-427-6600 to register
· September 15 - Creative Writing Class for Adults and Youth, call 817-427-
6600 for more information
· September 22 - Critter Connection open 10:00 a.m. - 6:00 p.m. at North Hills
Mall
16.
ADJOURNMENT
Mayor Scoma adjourned the meeting at 7:52 pm.
Charles Scoma - Mayor
ATTEST:
Patricia Hutson - City Secretary
,
l
CITY OF
NORTH RICHLAND HILLS
Department: Administration
Council Meeting Date: 9/24/2001
Subject: Contract AuthorizinQ Pass- Throuah State Grant Aareement Agenda Number: ~)J aoa -OQ5
for NETS
A contract proposal between North Richland Hills and the Texas Department of
Transportation has been received providing for the continuation of State funding for the
Northeast Transportation Service (NETS). The City is acting as a pass-through conduit for
the grant funds. No City funding is required to administer the contract.
NETS provides on-call transportation service to the elderly and disabled in many cities in
northeast Tarrant County. The primary focus of the service is to provide transportation to
places of employment and medical appointments. This agreement is different from
previous grant agreements for the NETS program in that this agreement includes
additional grant funds in the amount of $42,000 to allow NETS to purchase a new vehicle
under that state's Capital Investment Program. Because the state will hold the City
responsible to insure that the vehicle is utilized in the manner intended (i.e. providing
transportation for the elderly and disabled), the City Manager and the YMCA have entered
into an additional agreement to insure the proper use and disposition of this vehicle.
TXDOT recommended that the City enter into this type of agreement with the YMCA to
insure the vehicle is used in the manner intended. A copy of this agreement between the
City and the YMCA is also attached.
The contract for the grant agreement becomes effective September 1, 2001 or as soon as
it is executed, and expires August 31, 2002. This contract does not effect the City's
budgeted participation in the NETS program.
Recommendation
To authorize the contract allowing the City to act as pass through until August 31, 2002.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
~~;t;lß~ '
Budget Director
Finance Director
Æb~~~
Department Hea ignature
Page 1 of L
SUBRECIPIENT: City of North Richland Hills
STATE/LOCAL PUBLIC TRANSPORTATION (SECTION 5307 ?ubprovider) GRANT AGREEMENT
«ANT AGREEMENT NO.: URB 0202 (02)
ATE PROJECT NO. 51202F1019
ervice Area City of North Richland Hills
STATE/LOCAL URBAN PUBLIC
TRANSPORTATION GRANT AGREEMENT
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
THIS GRANT AGREEMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, hereinafter called the "State," and the City of North Richland Hills,
hereinafter called the "Subrecipient."
WITNESSETH
WHEREAS, Transportation Code, Chapter 455, authorizes the State to assist the Subrecipient in
procuring aid for the purpose of establishing and maintaining public and mass transportation projects
and to administer funds appropriated for public transportation under Transportation Code, Chapter
456; and,
eHEREAS, the Subrecipient, as a 49 U.S.C. Section 5307 urban provider, submitted an application
for state financial assistance to be used to provide transportation services as described in Attachment
A; and,
WHEREAS, the Texas Transportation Commission has approved the request Minute Order Number
108566;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set
forth, the State and the Subrecipient hereto agree as follows.
AGREEMENT
ARTICLE 1. GRANT PERIOD
This grant agreement becomes effective when fully executed by both parties, or on September 1,
2001, whichever is later. This grant agreement shall terminate on August 31, 2002, unless terminated
or otherwise modified as hereinafter provided.
ARTICLE 2. PROJECT DESCRIPTION
The Subrecipient shall commence, carry out and complete the public transportation project described
in Attachment A, Approved Project Description, with all practicable dispatch, in a sound, econom ical
and efficient manner. The Subrecipient shall carryout the public transportation project described in
Attachment A, Approved Project Description in accordance with the provisions of the Project
~scription, this grant agreement, federal and state law, and federal and state regulations.
.applicable, the Subrecipient shall begin competitive procurement procedures no later than thirty
(30) days after the effective date of this grant agreement for the purchase of the approved line item(s)
referenced in Attachment B, Approved Project Budget. No later than sixty (60) days after the issuance
of public notification, the Subrecipient shall publicly open all bids. The Subrecipient shall issue a
purchase order no later than thirty (30) days after the opening of an acceptable bid. The Subrecipient
.hall notify the department in writing when it is necessary to exceed these deadlines.
ARTICLE 3. COMPENSATION
A. The maximum amount payable under this grant agreement without modification is $158,000.00
provided that expenditures are made in accordance with the amounts and for the purposes
authorized in Attachment A, Approved Project Description and Attachment B, Approved Project
Budget.
B. The State's reimbursement to the Subrecipient is contingent upon the availability of appropriated
funds. The State shall have no liability for any claims submitted by the Subrecipient or its
subcontractors, vendors, manufacturers or suppliers if sufficient federal or state funds are not
available to pay the Subrecipient's claims.
C. To be eligible for reimbursement under this grant agreement, a cost must be incurred within the
grant agreement period specified in Article 1, Grant Period, and be authorized in Attachment A,
Approved Project Description and Attachment B, Approved Project Budget.
D. The Subrecipient must subm it requests for reimbursement to the State no more frequently than
monthly and no later than forty-five (45) days after the date of the invoices submitted for
reimbursement. The Subrecipient will use invoice statements acceptable to the State. Additional
documentation to support any cost incurred during the billing period may be required at the
discretion of the State. As a minimum, each billing must be accompanied by a summary by
budget line item which indicates the total amount authorized for each line item, previous
expenditures, current period expenditures and the balance remaining in the line item.
E. The original and one copy of the invoice is to be submitted to the following address:
Steven E. Simmons, District Engineer
e Texas Department of Transportation
P.O. Box 6868
Fort Worth, Texas 76115-0868
F. The State will make payment within thirty (30) days of the receipt of properly prepared requests
for reim bursem ent.
G. The Subrecipient will submit a final billing within forty-five (45) days of the completion or
termination of the grant agreement in accordance with Article 1, Grant Period.
H. The Subrecipient shall pay all subcontractors for work performed within ten (10) days after the
Subrecipient receives payment for the work performed by the subcontractor. Also, any retained
monies on a subcontractor's work shall be paid to the subcontractor within ten (10) days after
the Subrecipient receives any retainage payment. The State shall not be responsible for the
debts of the Subrecipient.
The above requirements are also applicable to all sub-tier subcontractors and the above provisions shall be
made a part of all subcontracts.
Failure to comply with any of the above requirements may cause withholding of payments to the
Subrecipient and will be grounds for termination of this grant agreement by the State.
ARTICLE 4. AMENDMENTS
A. Except as noted below, changes in the scope, objectives, cost or duration of the project
_ authorized herein shall be enacted by written amendment approved by the parties hereto before
. additional work may be perfoITnE3d or additional costs incurred. Any amendment so approved
must be executed by both parties within the grant period specified in Article 1, Grant Period.The
Subrecipient is authorized to re-budget without a formal amendment when the proposed revision
involves an increase in one category and a corresponding decrease in another, provided however,
that any such revision meets all of the following criteria:
. 1. Does not result in the need for additional funds; and,
2. Does not exceed ten percent of the current total approved budget and the federal or state
funding exceeds $100,000; and,
3. Does not involve a transfer of funds from an authorized capital equipment purchase to
another category; and,
4. Does not involve a transfer of funds from training to another expense category; and,
5. Does not involve a transfer of funds from construction to a non-construction category; and,
6. Does not involve a transfer of funds from a direct to indirect cost category.
C. If a proposed revision meets all of the criteria listed above, the Subrecipient must notify the State
in writing before the revision is made, describing the revision, explaining the need, and certifying
that it complies with the above criteria.
ARTICLE 5. SUBCONTRACTS
The Subrecipient shall not enter into any subcontract with individuals or organizations for the
purchase of equipment and/or to provide professional services without prior authorization and
consent to the subcontract by the State. Subcontracts in excess of $25,000 shall contain all required
provisions required by state or federal law. Subrecipients shall furnish the department notice of the
intent to award a purchase order or contract to any individuals or organizations not a part of the
Subrecipient's organization when the amount of the purchase meets or exceeds the threshold level in
the Government Code or Local Government Code (or $15,000 for those entities not covered by the
Government Code or Local Government Code) requiring formal competitive procurement. Purchases
shall not be split out to stay below the threshold amount. No subcontract will relieve the Subrecipient
e its responsibility under this grant agreement.
ARTICLE 6. AUDIT REQUIREMENTS
Subrecipient audit procedures shall meet or exceed the audit requirements outlined in applicable
Federal Office of Management and Budget (OMB) publications as follows:
OMB Circular A-21 , Cost Principles for Educational Institutions
OMS Circular A-8?, Cost Principles for State and Local Governments
OMS Circular A-122, Cost Principles for Nonprofit Organizations
OMS Circular A-133, Audits of States, Local Governments and Non-Profit Organizations
ARTICLE 7. PROCUREMENT STANDARDS
Subrecipient procurement standards shall meet or exceed the requirements of 49 C.F.R. §18.36
including standards for competitive procurements; methods of procurement; contracting with small
and minority firms, women's business enterprise and labor surplus area firms; contract cost and price;
awarding agency review; insurance and bonding.
The Subrecipient's procurement system must include but not be limited to the following procurement
standards. Procurement procedures which reflect applicable state and local laws and regulations,
provided that the procurements conform to applicable federal law and the standards identified in this
section.
A. A contract administration system which ensures that contractors perform in accordance with the
terms, conditions, and specifications of their contracts or purchase orders.
B. A written code of standards of conduct governing the performance of employees engaged in the
_ award and administration of contracts. No employee, officer, or agency of the Subrecipient shall
. participate in selection or in the award or administration of a contract supported by state or
federal funds if a conflict of interest, real or apparent, would be involved.A process for review of
proposed procurements to avoid purchase of unnecessary or duplicative items.
C. Use of state and local intergovernmental agreements for procurement or use of common goods
and services to foster greater economy and,~fficiency.
... Use of value engineering clauses in contracts for construction projects.
~. Awards made only to responsible contractors possessing the ability to perform successfully under
the terms and conditions of a proposed procurement, giving consideration to such matters as
contractor integrity, compliance with public policy, record of past performance, and financial and
technical resources.
F. Records sufficient to detail the significant history of procurement, including rationale for the
method of procurement, selection of contract type, contractor selection or rejection, and the
basis for the contract price.
G. Limited use of time-and-materials contracts.
H. Use of good administrative practices and sound business judgment to settle contractual and
administrative issues arising out of procurements.
I. Protest procedures to handle and resolve disputes relating to procurements and prompt disclosure
to the State of information regarding the protest.
J. Procurement transactions conducted in a manner that provides full and open competition.
K. These standards will only apply to the project described in Attachment A, Approved Project
Description.
Upon procurement of items under this grant agreement, the Subrecipient shall submit to the State a
list of all bidders and subcontractors that quoted on the procured items. The Subrecipient shall
submit the list with their requests for reimbursements and must include names, addresses, telephone
numbers, and type(s) of work quoted.
.RTICLE 8. PROPERTY MANAGEMENT
he State must concur in the award of all purchase orders for non-expendable personal property as
defined in 49 C.F.R Section 18.31.
ARTICLE 9. EQUIPMENT MANAGEMENT
A. Management standards include, but are not limited to:
1. Maintain equipment records that include a description of the equipment; a serial number or
other identification number; the source of equipment; who holds title; the acquisition date
and cost of the equipment; percentage of federal and state participation in the cost of the
equipment; the location, use and condition of the equipment; maintenance history for each
vehicle; and ultimate disposition data including the date of disposal and sale price.
2. Conduct a physical inventory of the equipment at least once every two (2) years and
reconcile the inventory with equipment records described in the preceding paragraph.
3. Develop a control system to ensure adequate safeguards to prevent loss, damage, or theft
of the equipment. Any loss, damage, or theft shall be investigated.
4. Develop and follow procedures to keep the equipment maintained and in good condition. At
a minimum, the Subrecipient shall follow the vehicle maintenance schedule recommended
by the manufacturer, showing the date the maintenance was performed. Maintenance
records shall be provided to the State upon request.
5. Request disposition instructions from the State, and if authorized to sell the equipment, use
proper sales procedures to insure the highest possible return.
6. The Subrecipient will comply with Title 43, Texas Administrative Code §31.53, to protect
the public investment in real property and equipment purchased in whole or in part with
e state or federal funds. In the event that project equipment is not used in the proper manner
or is withdrawn from public transportation services, the Subrecipient shall immediately
notify the State. The State reserves the right to direct the sale or transfer of property
acquired under this grant agreement upon determination by the State that said property has
not been fully or properly used. ,
e· All vehicles purchased under this grant agreement shall comply with the Motor Vehicle Safety
Standards established by the US Department of Transportation.
C. Irrespective of coverage by insurance, unless otherwise approved in writing by the State, in the
event of loss or damage to project property, whether by casualty or fire, the fair market value will
be the value of the property immediately before the casualty or fire.
D. The Subrecipient shall notify the State immediately of theft, wreck, vandalism or other destruction
of project-related facilities or equipment.
ARTICLE 10. COORDINATION
According to Title 43 of the Texas Administrative Code §31.49, the Subrecipient will at all times
coordinate the provision of public transportation services with other transportation operators, both
public and private, in the area. The Subrecipient will furnish the State copies of any agreement
resulting from such coordination. Agreements that authorize the payment of project funds to another
entity are subject to the approval requirements described in Article 5, Subcontracts.
ARTICLE 11. LABOR PROTECTION PROVISIONS
If applicable, the Subrecipient shall comply with the labor protection provisions as listed below.
The Subrecipient agrees that the following terms and conditions shall apply for the
protection of employees in the mass passenger transportation industry in the area of the
project: .
A. The project shall be carried out in such a manner and upon such terms and conditions as will not
adversely affect employees in the mass passenger transportation industry within the service
_ area of the project.
~. All rights, privileges, and benefits (including pension rights and benefits) of employees (including
employees already retired) shall be preserved and continued.
C. The Subrecipient shall be financially responsible for any deprivation of employment or other
worsening of employment position as a result of the project.
D. In the event an employee is terminated or laid off as a result of the project, he or she shall be
granted priority of employment or reemployment to fill any vacant position for which he or she is,
or by training or retraining can become, qualified. In the event training is required by such
employment or reemployment, the Subrecipient shall provide or provide for such training or
retraining at no cost to the employee.
E. Any employee who is laid off or otherwise deprived of employment or placed in a worse position
with respect to compensation, hours, working conditions, fringe benefits, or rights and privileges
pertaining thereto at any time during his or her employment as a result of the project, including
any program of efficiencies or economies directly or indirectly related thereto, shall be entitled to
receive any applicable rights, privileges and benefits as specified in the employee protective
arrangement certified by the Secretary of Labor under Section 405(b) of the Rail Passenger
Service Act of 1970 on April 16, 1971. An employee shall not be regarded as deprived of
employment or placed in a worse position with respect to compensation, etc., in case of his or
her resignation, death, retirement, dismissal for cause, or failure to work due to disability or
discipline. The phrase "as a result of the project" as used herein shall include events occurring in
anticipation of, during, and subsequent to the project.
F. In the event any provision of these conditions is held to the invalid or otherwise unenforceable, the
.. Subrecipient, the employees and/or their representatives may invoke the jurisdiction of the
. Secretary of Labor to determine substitute fair and equitable employee protective arrangements
which shall be incorporated in these conditions. The Subrecipient agrees that any controversy
respecting the project's effects upon employees, the interpretation or application of these
conditions and the disposition of any claim arising hereunder may be. Sttbmitted by any party to
the dispute including the employees or their representative for determination by the Secretary of
Labor, whose decision shall be final. . .
e The Subrecipient shall maintain and keep on file all relevant books and records in sufficient detail
as to provide the basic information necessary to the making of the decisions called for in the
preceding paragraph.
H. The Subrecipient will post, in a prominent and accessible place, a notice stating that the
Subrecipient is a recipient of Federal assistance under the Federal Transit Act and has agreed
to comply with the provisions of 49 U.S.C., Section 5333(b).
The notice shall also specify the terms and conditions set forth herein for the protection of employees.
ARTICLE 12. MONITORING
A. The State will monitor the progress of the project authorized in this agreement using
appropriate and necessary inspections, including but not limited to periodic reports, physical
inspection of project facilities, telephone conversations, letters, and conferences.
B. The State shall monitor and conduct fiscal and/or program audits of the Subrecipient and its
contractors to verify the extent of services provided under the terms of the grant agreement.
Representatives of the State or Federal government shall have access to project facilities and
records at all reasonable times.
ARTICLE 13. REPORTS
A. The Subrecipient shall submit written or electronic reports at intervals and in a format
prescribed by the State.
1. Quarterly Operating Report - No later than fifteen (15) working days after the end of the
e quarter, for which the report is made, the Subrecipient shall submit an activity report to the
State. At a minimum, the quarterly operating report will include the number of vehicles in
operation; total one-way passenger trips; total miles traveled; total expenses, including
administrative and operating expenses; revenue, including fares and donations, operating
cost per vehicle mile; operating cost per passenger trip; and number of passengers për mile
traveled. The State may require more frequent operating reports for reasons of its own, or if
the Subrecipient does not provide the reports in a timely manner or if the reports indicate
unfavorable trends.
2. Status of Procurements - If the grant includes the purchase of vehicles or other capital
equipment, the Subrecipient shall submit a quarterly report consisting of a brief narrative
including but not limited to procurement milestones, including date of purchase order, vendor
name and location, and estimated delivery date.
3. Status of Construction - If the grant includes construction, the Subrecipient shall submit
quarterly narrative reports which include but are not lim ited to the progress of construction.
B. Regardless of the type of assistance included in the grant, the Subrecipient shall promptly
advise the State in writing if at any time the progress of the project will be negatively or
positively impacted, including:
1. Problems, delays or adverse conditions that will materially affect the Subrecipient's ability to
attain program objectives, prevent the meeting of time schedules and goals, or preclude the
attainment of project work units by established time periods. This disclosure shall be
accompanied by a statement of the action taken, or contemplated, by the Subrecipient and
any State assistance needed to resolve the situation.
_ 2. Favorable developments or events that will enable the Subrecipient to meet time schedules
_ and goals sooner than anticipated or produce more work units than originally projected.
Every two (2) years, or more frequently when instructed by the State, the Subrecipient shall
conduct a physical inventory of grant-supported property as set forth in Article 9, Equipment
Management, and furnish the State a copy of the inventory.
C. The Subrecipient shall develop performance goals and management objectives in accordance
with Title 43, Texas Administrative Code §31.36.
. D. The Subrecipient shall maintain written maintenance records for each grant-supported vehicle,
and shall make such records available to the State upon request. As a minimum, the
Subrecipient shall comply with the manufacturer's recommended maintenance schedule.
ARTICLE 14. DISPUTES AND REMEDIES
A. The Subrecipient shall be responsible for the settlement of all contractual and administrative
issues arising out of procurements entered in support of the grant.
B. Any dispute concerning the work hereunder, additional costs, or any other non-procurement
issue shall be submitted for resolution by informal mediation, in accordance with the
requirements of the Governmental Dispute Resolution Act, Chapter 2009, Government Code,
unless the subject matter applies under Title 43, Texas Administrative Code §9.2.
C. This agreement shall not be considered as specifying the exclusive remedy for any default, but
all remedies existing at law and in equity may be availed of by either party and shall be
cumulative.
ARTICLE 15. TERMINATION
A. The State may terminate this grant agreement at any time before the date of completion
whenever it is determined that the Subrecipient has failed to comply with the conditions of the
grant agreement. The State shall give written notice to the Subrecipient at least thirty (30) days
prior to the effective date of termination and specify the effective date of termination, the
reason for the termination, and other termination instructions. Additionally, if the State notifies
the Subrecipient of a major deficiency and the Subrecipient does not respond in the manner
e required by the State, the State will, within ten (10) working days, exercise its contract
termination rights, direct the disposition of equipment purchased with grant funds, or both.
B. If both parties to this grant agreement agree that the continuation of the grant would not
produce beneficial results commensurate with the further expenditure of funds, the parties
shall agree upon the termination conditions, including the effective date. In the event that both
parties agree that resumption of the grant is warranted, a new grant agreement must be
developed and executed by both parties.
C. Either the State or the Subrecipient may terminate this agreement by giving notice in writing
one to the other for reasons of its own and not subject to the approval of the other party. In the
event of termination for convenience, neither the State nor the Subrecipient shall be subject to
additional liability except as otherwise provided in this agreement.
D. Upon termination of this grant agreement, whether for cause or at the convenience of the
parties hereto, title to all property and equipment remains with the Subrecipient subject to the
obligations and conditions set forth in this grant agreement and 49 C.F.R. 18.31 and 18.32,
unless the state or federal funding agency issue disposition instructions to the contrary.
E. In the event of termination, the State may compensate the Subrecipient for those eligible
expenses incurred during the grant periods that are directly attributable to the completed
portion of the grant covered by this grant agreement, provided that the grant has been
completed in accordance with the terms of the grant agreement. The Subrecipient shall not
incur new obligations for the terminated portion after the effective date of termination. Except
with respect to defaults of subcontractors, the Subrecipient shall not be in default by reason of
any failure in performance of this grant agreement in accordance with its terms (including any
~ failure by the Subrecipient to progress in the performance of the work) if such failure arises out
., of causes beyond the control and without the default or negligence of the Subrecipient. Such
causes may include but are not limited to acts of God or of the public enemy, acts of the
Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however,
the failure to perform must be beyond the control and without the fault or negligence of the
Subrecipient. .
ttRTICLE 16. HISTORICALLY UNDERUTlLIZED BUSINESS (HUB) PARTICIPATION FOR PUBLIC
TRANSPORTATION CONTRACTS
It is the policy of the Texas Department of Transportation (TxDOT) to ensure that HUBs shall have an
equal opportunity to participate in the performance of contracts; to create a level playing field on
which HUBs can compete fairly for contracts and subcontracts; to ensure nondiscrimination on the
basis of race, color, national origin, or gender in the award and administration of contracts; to help
remove barriers to the participation of HUBs in TxDOT contracts; and, to assist in the development of
firms that can compete successfully in the market place outside the HUB program.
The Subrecipient and any subcontractor will strive to meet the following annual HUB goals by offering
HUBs the opportunity to compete fairly for contracts and subcontracts. HUB participation should be
reported monthly by using Attachment H-3.
11.9% for heavy construction other than building contracts;
26.1 % for all building construction, including general contractors and operative builders
contracts;
57.2% for all special trade construction contracts;
20% for professional services contracts;
3-3% for all other services contracts; and
12.6% for commodities contracts.
81e Subrecipient and any subcontractor shall not discriminate on the basis of race, color, national
~rigin or sex in the award and performance of contracts. These requirements shall be physically
included in any subcontract.
Failure to carry out the requirements set forth above shall constitute a material breach of this contract
and may, after the notification of the State, result in termination of the contract by the TxDOT or other
such remedy as the TxDOT deems appropriate.
ARTICLE 17. CONTROL OF SUBSTANCE ABUSE
A. The Subrecipient will certify compliance with 49 C.F.R. Parts 40,653 and 654 on or before
September 151 of each year, using the certification form fumished by the State.
B. Section 5307 Subrecipient's will submit a copy of the Management Information System (MIS)
reports by March 15th of each year using forms furnished by the State.
C. Section 5311 Subrecipient's will submit required Management Information System (MIS)
reports on or before February 15th of each year using forms furnished by the State.
ARTICLE 18. PROHIBITED ACTIVITIES
D. Neither the Subrecipient nor any subcontrac;tor shall use federal or state assistance funds for
publicity or propaganda purposes designed to support or defeat legislation pending before
Congress or the Texas Legislature. No member of or delegate to the Congress of the United
States shall share in this grant agreement or benefit from it, except in the same manner as the
general public.
~ No member, officer or employee of the Subrecipient during his tenure or one (1) year
. thereafter shall have any interest, direct or indirect, in this grant agreement or the proceeds
thereof.
A. Texas Transportation Commission policy mandates that employees of the Texas Department
of Transportation (TxDOT) shall not accept any benefits, gifts or favors from any person doing
business or who reasonably speaking may do business with the State under this grant
agreement. The only exceptions allowed are ordinary business lunches and items that have
. received the advanced written approval of TxDOT's Executive Director.
B. Any persons doing business with or who may reasonably speaking do business with the State
under this grant agreement may not make any offer of benefits, gifts or favors to TxDOT
employees, except as mentioned here above. Failure on the part of the Subrecipient to adhere
to this policy may result in the term ination of this grant agreement.
C. The Subrecipient will comply with Texas Govemment Code, Chapter 573, by insuring that no
officer, employee or member of the Subrecipient's goveming board or of the Subrecipient's
contractors or subcontractors shall vote or confirm the employment of any person related
within the second degree by affinity or third degree by consanguinity to any member of the
governing body or to any other officer or employee authorized to employ or supervise such
person. This prohibition shall not prohibit the employment of a person who shall have been
continuously employed for a period of two (2) years prior to the election or appointment of the
officer, employee, governing body member related to such person in the prohibited degree.
ARTICLE 19. OPEN MEETINGS
If applicable, the Subrecipient will comply with Texas Government Code, Chapter 551, which requires
all regular, special or called meetings of governmental bodies to be open to the public, except as
otherwise provided by law or specifically permitted in the Texas Constitution.
ARTICLE 20. INDEMNIFICATION .
A. To the extent permitted by law, the Subrecipient shall indemnify and save harmless the State
from all claims and liability due to activities of its agents, employees or volunteers performed
- under this agreement and which result from an error, omission or negligent act of the
- Subrecipient or of any person employed by the Subrecipient.
B. To the extent permitted by law, the Subrecipient shall also save harmless the State from any
and all expenses, including attorney fees, which might be incurred by the State in litigation or
otherwise resisting said claim or liabilities which might be imposed on the State as a result of
activities by the Subrecipient, its agents, employees or volunteers.
C. The Subrecipient acknowledges that it is not an agent, servant or employee of the State and
that it is responsible for its own acts and deeds and for those of its agents, employees or
volunteers during the performance of the grant agreement.
ARTICLE 21. COMPLIANCE WITH LAWS
The Subrecipient shall comply with all federal, state and local laws, statutes, ordinances, rules and
regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any
matter affecting the performance of this grant, including without limitation workers' compensation
laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and
regulations, and licensing laws and regulations. When required, the Subrecipient shall furnish the
State with satisfactory proof of compliance therewith.
ARTICLE 22. NONCOLLUSION
The Subrecipient warrants that it has not employed or retained any company or person, other than a
bona fide employee working for the firm, to solicit or secure this grant, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee, any fee, commission,
trcentage, brokerage fee, gift or any other consideration contingent upon or resulting from the
ard or making of this grant. If the Subrecipient breaches or violates this warranty, the State shall
ave the right to annul this agreement without liability or, in its discretion, to deduct from the grant
price or consideration, or otherwise recover, the full amount of such fee, commission, brokerage fee,
gift, or contingent fee.
ARTICLE 23. NOT APPLICABLE
.TICLE 24. NOT APPLICABLE
ARTICLE 25. PROGRAM INCOME
A. Except for income from royalties and proceeds from the sale of real property or
equipment, the Subrecipient shall retain program income and apply such income to
allowable capital or operating expenses.
B. The Subrecipient shall comply with standards governing the receipt and application of program
income as set forth in 49 C.F.R. §18.25, Program Income. Program income means gross income
received by the Subrecipient directly generated by a grant supported activity, or earned only as a
result of this grant agreement during the time period specified in Article 1, Grant Period.
C. Program income includes income from fees for services performed, from the use or rental of
real or personal property acquired with grant funds, from the sale of commodities or items
fabricated under a grant agreement, and from payments of principal and interest on loans made
with grant funds. Except as otherwise provided in federal regulations, program income does not
include grant funds, rebates, credits discounts, refunds, and the interest earned on any of these
receipts.
ARTICLE 26. SUCCESSORS AND ASSIGNS
The Subrecipient binds thems~lves, their successors, assigns, executors and administrators in
respect to all covenants of this agreement. The Subrecipient shall not sign, sublet or transfer their
interest in this agreement without the written consent of the State.
eTICLE 27. LEGAL CONSTRUCTION
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 provision thereof and this agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein.
ARTICLE 28. PRIOR AGREEMENTS
This agreement 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 public
transportation grant specifically authorized and funded under this agreement.
ARTICLE 29. SPECIAL PROVISIONS FOR CONSTRUCTION AND REPAIR CONTRACTS
A. Signs - The Subrecipient shall cause to be erected at the site of construction, and maintained
during construction, signs satisfactory to the State and the U. S Department of Transportation
identifying the project and indicating that the Government is participating in the development of
the project. Hazardous Materials - The Subrecipient will conduct an inspection of the building for
hazardous materials; asbestos and lead-based paint. Removal and disposal will be in
accordance with local, state and federal regulations, prior to the initiation of construction.
ARTICLE 30. NOT APPLICABLE
~TICLE 31. SIGNATORY WARRANTY
~ undersigned signatory for the Subrecipient hereby represents and warrants that he or she is an
officer of the organization for which he or she has executed this agreement and that he or she has full
and complete authority to enter into this agreement on behalf of the organization.
ARTICLE 32. INCORPORATION OF PROVISIONS.
Attachments A through H are attached hereto and incorporated into this contract as if fully set forth
~rein. .
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
Executed for the Executive Director and approved for
the Texas Transportation Commission for the purpose
and effect of activating and/or carrying out the orders,
established policies or work programs heretofore
approved and authorized by the Texas Transportation
Commission.
SUBRECIPIENT:
Subrecipient Name: City of North Richland Hills
By:
Signature of Authorized Officer
By:
District Engineer, Fort Worth District
Typed, Printed or Stamped Name
Steven E. Simmons, P. E.
Typed, Printed or Stamped Name
Title:
tiate:
Date:
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Attachments to Grant Agreement
Attached and Incorporated into 'the Grant Agreement by Reference
Attachment Title
A Approved Project Description
B Approved Project Budget
C Not Applicable
D Not Applicable
E Not Applicable
F Not Applicable
G Not Applicable
H HUB - Attachment H-3
·
ATTACHMENT A
APPROVED PROJECT DESCRIPTION
The application for State and Federal assistance, as submitted to the State, is hereby incorporated
into this agreement as the project description, unless described below.
[Please Insert Project Description]
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Attachment A
08/09/01 09:55
'a'817 370 6759
TXDOT TP D
......... NETS
~003
City of North Richland Hills - NorthEast Transportation Service FY2002
.roject Description
a. Describe the services to be provided by your agency/organization. Iffixed routes are included. describ~ the
complementary paratransit system.
Types of Service:
I) fi:tr:d RI,)I.IN (DOn-commuter)
2) ClJmplemer1!3ry p3r2ltmuit to Fixed Route
3) P3Sœncer Rail
4) Demand Response S:tsl~m~
5) Con\muter Service
The NorthEast Transportation Service, NETS, provides door-to-doQr demand response paratp:insit services to nine
NarJ1east Tarrant County Cities. Each City Contributes 50 cents per resident per yeÇtr. NETS helps elderly and disabled
residents get to doctor appointments, senior citizen canters. jobs, grocery stores, and shopping malls. It gives them
independence in not having to rely on friends and family for essentia! ·transportation. NETS is safe, convenient
transportation for the residents of Northeast Tæ:rrant County who might athelWIse become homebound, forced into nursing
homes. and more limited to accessing their medical, economic, and social needs.
. .
It operates with nine whee(chalt accessIble vans, 7am to 7pm, Monday through Friday. Mer completing an appliçç¡tìon,
residents of the nine cities may request services with 2 day notice, traveling to any of th~ twelve Northeast Tarrant County
Cities. The fare is ~1.50 each way. A book often tickets is available for $14.00. Each passenger may irwite guests and
attendants to travel with him/her if space Is available. Guests pay the Sëlme fee and must be scheduled at the time the
reservation is made to insure spdce availability. There Is no charge for medically required attendants. Children under the
age of 5 ar~ not charged a fee. Age 5 . 12 the fee is SO cents one way. Chìldren under the age of 2 must nave an
approved car seat Service request is taken from 8:00 am to 3~OO pm, Monday through Friday, The NETS van may arrive
for pick-up 15 minutes before or after the scheduled time. Drivers are not allowed to enter passengers' homes or other
facilities to lock for passengers. Riders may pay their fares upon boarding the vehIcle. All riders are required to wear seat-
elts. For the comfort of all passengers. eating, drinking, and smoking are not allowed. All transportation requests are
nersted by the riders. .
From Qdobêr 1999 to September 2000, NETS provided 22,327 one-way trips, to 488 undupllœted riders. traveling
'154,895 ñde( miles. Rider trip characteristics consist of 49% diSdbled, 35% elderly, and 16% other transportation
disadvantaged. Fifty-two percent (52%) of trips were medical, 25% work, 18% Senior and Soda I Services. and the
balalice of 5% were shopping, school, social services, and other.
"-
'-
b. List s<:rvic.e area, population served. D~scribe any unserved areas in the urban transit district, and any plans
to provide transportation to such areas.
The North East Transportation Service, NETS, currently provides door-to-door de-mand response paratransit servÎces
to nine Northeast Tarr¡;¡nt county Cities with a combined population greater than 300,000: Bedford. Colleyvllle, Euless,
Grapevine, Haltom City, Hurst, Keller, North Richland Hills and Richland Hills.
Population by age from the 1990 Census Data for Northeast Tarrant County is 75,39.6 (age 0-15), 100,457 (age 16-34),
98,781 (age 35-59), and, a senior population of 27,887 (age 60+). or the 112,761 höuseholds, 27% have income levels
up to $24,999; 37% have income levels from $25,000 - $49,999; and, 36% have Income leve!$ exceeding $50,000. The
median household Income in 1989 is indicated at $39,494. Of the senior population, age 60 and older. 58% are females
and 42%) males. 1990 Census Data also indicates that there are 8,224 persons, age 16 and older, with mobility and/or
self-çare limitations. NETS serve seniors, disabled, and transportation disadvantaged Individuals. Eight of the nine cities
served by NETS have no other form of public transportation. Most of the nine cities have maxed out their sales tax cap
and do not have the option of joining the Fort Worth Transportation Authority.
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08/09/01 09:56
'5'817 370 6759
TXDOT TP D
......... NETS
~004
City of North Richland Hills - NorthEast Transpo~tion Service . FY2002
4p Describe any proposed or existing COntracts that will affect the Se<:tion 5307 system
(maintenance, dispa.tching, etc.):
There are no proposed or existing contracts thaI will affect the Section 5307 system.
d. Explain what steps you have taken to coordinate the proposed service with each of the other transportation
providers (both public and private) in your area. Attach any agreements, letters of support, minutes of meetings,
etc., to proposal:
NETS is operated by the Urban ServIce Branch of the YMCA of Metropolitan Fort Worth. The Urban SeNices YMCA
budgets to staff (1) Executive Director (60% NETS), (1) Operations Manager (60% NETS), (1.5) Business Office
Assistant (60% NETS), (1) Driver Supervisor (50% NETS), (1) Scheduler (100% NETS), (2) Dlspatcher$ (100% NETS),
and (16) full and part-time Drivers (8.00 FTE NETS).
,(
In addition to NETS, the Urban Service YMCA operates Special Transportation Services (STS), a 5310 provider. STS
provides senior transportation services, under contract with the Area Agency On Aging and In collaboration with fourteen
senior centers, ten operated by Senior Citizen ServIces of Greater Tarrant County (SCS), one operöted by the City of
Haltom, One operated by the city of Mansfield, and two operated by United Community Centers, Inc. STS provides
daily trips for Tarrant County re~idents, 60 years of age or older. from their homes to the nearest participating senior
center, to participate in meals. recreation, educational opportunities. fellowship, cultural and social events,. and group
shopping, and back to their homes. In addition to senior center transportation, STS provides Mobility Impaired
Transportation Services (MITS) under contract with the Fort Worth Transportation AuthOrity. In the evenings, weekends
and when v¡;¡hicles are not beIng used, STS provides special trip:;¡ for dlsabl~d chHdren, seniors, nursing homes and other
.~n-profit groLlps. STS assists In providing transportation to NETS clients whenever needed. The United Way-Northeast
~s formed a transportation study group to examine the current and future Impact of transportation issues on Northeast
Tarrant·County. The United Way~Northeast Transportation' Study group has recent!y completed a survey on special
transportation s~rvices far older, disabled, low-income and unemployed adults in Northeast Tarrant County. The enclosed
report, ·Special Transportation Analysis for Northeast Tarrant County", is their report summary released May 26,2000.
c, Describe an)' special ~ervices provided.
,
...
Any requests for special 5ervic~s are provided by Special Transportatiött Services (STS).
f. Describe any special trips provided.
Any requests for special trips are provided by Special Transportation Services (SiS).
g. D~scribe any transportation provided for school children.
NETS provides no transportation for school children; the only school transit provided is to TarraÖt County
College - Northeast Campll..<;.
h. Describe how transit is marketed to the general public:
Primarily ',,"vord of mouth"; Staff frequently makes community group presentations; brochures are availa'ble
through the cities, the YMCAs and various public sites in NE Tarrant County. '.
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08/09/01 09:56
~817 370 6759
TXDOT TP D
......... NETS
~005
City of North Rlchland Hills - NorthEast Transport~tlon Service FY2002
.f applicable. describe how the Section 5310 program h~ boen integrated into your system:
'In addition to NETS) the: Urbao Services YMCA operates Special Trao$porlation Services (STS). a 5310
provider. STS assists in providing transportntion to NETS clients whenever needed. Through the State's 5310
capital program~ STS purchased two mini-buses specifically to assist with the d~mand in Northeast Tarrant
County. These vehicles seat 5 ambulatory and 3 wheel chairs. Also, one of the STS mini-buses is scheduled
c:ach day to transport a group of mentally challcnged NETS clients from Trans-Tech, a social service agc:ncy.
. home. Arty requestS by NETS c:lient!> far special trips are accommodated by STS.
j. Describe how services are provided to Health and I-Iwnan Services clients (including but not limited to
Medicaid, TANF. Welfare-to-Work clients),
Tarra'llt COUrtty Mental Health and Mental 'Retardation CMHMR.) is the only social service agalcy 1hat purchases
NETS tickets for their clients. , :
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ATTACHMENT B
APPROVED PROJECT BUDGET
[Please Insert Budget Page]
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Attachment B
TXDOT TP D ...... ~.IL.. @007
5"817 370 6759 ._. ..
08/09/01 09:57
.,
. .tlMlI fJrf1øtt.Se:timJ SJ07
&.1Ito: l'dlú: TrlllØJ1ml1lÚrI Grbr/ .4lI'~"_
ÑrllC/tmaú 1J
.4,pr~" l+øjlCt BuJ~d
EfTcc( ... Dab:: Stpt&lIIb.r 1, ZOOI
Project eompleCinn Dllte; AUGD:'I1 .'1. 2002
Subntlpltnt: Ci\1 ofNortIa Richl.Rd 1flUa
SUe. C'.nntnc\Nalllbc", tIRB 0%0% (112)
Bute rrojtd NlUllber: SU02FtOlJ1
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C"tc:Ory -,:1.1 Code DounpUnn ToUi. r..... ;-,,¡.... 51." Lonl ToUCncutl
CopilJd 1I.J2.1S Type 7.1 S42.000.00 O.OO~~ $0.00 $42,000.00 SO.OO 0
SO.OII o.OO~~ SO.OO SO.OO RI.O(I 0
$\1.00 n.O~¡, SO.OO W.OO ~o.OO I)
$0.00 O.OC<I·, SO.OO ~.OO Sa.OO 0
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"
Þtan.iDJ: ~,IJOO.oo O.QI)o!i SO.oo SO.OO : :5.OQQ.OO 0
O >!nlUng Op"rn1ine AJraislÆ~ $448,000.00 '7.9~ S21~.OOO.OI) SI16.000.00 SJ17,UOO.OO 0
rrltled Totsls ~9S.0uu.UO n15.00o.00 5158,000.00 S122.0oo.o0 0
Bqd,tt R..vislon
C" UUl 50.00 n.()( % $0.00 sOoao $0.00 0
SO.OO 0.00% $0:00 SO.OO SO.GO 0
e $0.00 o.OO'lio $0.00 $Q.oo SO.OO 0
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. .
.' Admin PI\Ú'=ol Adn\inütøficn SO.O\) O.OIJ' ~ $0.00 SO.OO mOO 0
OI"~"'t1I1¡: O~u.tio~ AølIblmcc so.OO O.OO'!ó so.OO SO.OO 50.00 U
PmJett ToLot. $0.00 50.00 SO.OO SO. DO SO.OO
"" RovlAtrt Project Dud¡¡d
~pitnl 542.000.00 0.00% ~I).w $-I:?, 000.00 SO.Oo 0
so. 00 0.00% .to-CO SO.OO SO.OO D
$0:00 0.00% $0.00 - SO.OO SO.Ou n
so. 00 0.00% so. 00 SO.OO SO.r!O 0
$oI2,UUU.OO 0.00% SO.Dr! 542. 000.00 SO.OO 0
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O,..,rntln,! Opcuring A.'IIIII.Oo:c $0.00 'DIVIO! s:m,OOO.OO $116,000.00 SII7,OOØ.00 0
F'roJwd. TotaL, $o ~.OOlJ.oo $%15.000.00 SI58.aoo.uu $U~COu.1!I1 0
MUUhun, ReJrnb4r.sfabl" ,Amount; ~OOO.OD
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,
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ATTACHMENT H
HUB'S Attachment H-3
Texas Department of Transportation Subprovider
Monitoring System Progress Assessment Report
Contract #:
Original Contract Amount:
Approved Supplemental
Date of Execution:
Agreements:
Prime Provider:
Total Contract Amount:
HUB Subprovider Category of Total % Total Contract Amount Paid Amou
Work Subprovider Amount This Period To
Amount
.
Fill out Progress Assessment Report with each estimate submitted, for all subcontracts, and
forward as follows:
1 Copy with Invoice - Contract Manager/Managing Office
1 Copy - Construction Division, BOP Section, TxDOT, 125 E. 11th, Austin, TX 78701
I hereby certify that the above is a true and correct statement of the amounts paid to the firms
listed above.
Signature - Company Official or DBE/HUB Liaison Officer Date
01/01 DBE-H3.ATT EM",,'~I
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Attachment B
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WHEREAS, NETS (Northeast Transportation Service) has received a State of Texas
grant, a portion of which is for the purchase of a van for transportation of the elderly and
the disabled; and
WHEREAS, such grant was received through the City of North Richland Hills which is
the recipient and NETS is defined as the subrecipient of same grant.
NOW THEREFORE, the parties agree as follows:
1. The grant, in the amount of $42,000.00, will be used by subrecipient (NETS)
for the purchase of a van.
2. Any subsequent sum received from the State of Texas Capita/Investment
Program through the City of North Rich/and Hills will be used by NETS to
purchase vans for the transportation of the elderly and the disabled.
3. Such vehicles, so purchased, shall be titled to NETS/YMCA and will be
subject to all the terms of the State/Local Grant Agreement between the City
and the State of Texas.
4. If at any time in the future NETS discontinues its program of providing
transportation to the elderly and the disabled any vans purchased with funds
from the State grant or grants will be physically delivered to the City of North
Richland Hills and title to said vans transferred to said City.
NETSIYMCA acknowledges receipt of a copy of the State/Local Grant Agreement
between the State of Texas and the City of North Richland Hills.
Signed this
day of
,2001.
CITY OF NORTH R/CHLAND H/LLS, TEXAS
by:
Larry Cunningham, City Manager
NETSIYMCA
~ - /-)
by: . //¡i--vt-,-;, U7~J
L/j~rry ~ipes, President
YMCA
""}~'/¥/';<
"">';,.,';;r· ..,. c
.. ',J ".~
",'.. :;~".
.. .,'...... ':0, ."~ ..... ." ~-,'.' ".;""." ,.,.: " .~:-./-,' .. ',i' ".'::,,",,:".!~ j ," 'I ': ,., .'C,;" ,~:t .'''';
",."..,......... ".,' . ·":·,,:''7'r>''"· "".... '.'T>·~'õ"
- .
,H
,1'
CITY OF
NORTH RICHLAND HILLS
.
Department: Information Services
Council Meeting Date: 9/24/01
Subject: Approve Microsoft PC Software Purchase with SHI
Government Solutions and Resolution # 2001-054
Agenda Number: . PU 2001-038
In the Information Services FY 2000/2001 Revised Budget, Council approved funding for the
purchase of Microsoft microcomputer software for the City's desktop and server computers.
All City of North Richland Hills desktop personal computers use the Windows '95 operating
system, Microsoft Office '97; and Novell GroupWise for e-mail capabilities. Microsoft has
released two upgrades to its operating system since Windows '95, Windows'98 and Windows
2000, and released an upgraded version of the Microsoft Office suite in 2000. As a result, the
City's desktop personal computers have fallen behind current technology with regard to
operating systems and software. Furthermore, using the Novell GroupWise system in a
Microsoft environment makes it complicated to administer the current e-mail and scheduling
software.
The State of Texas Department of Information Resources (DIR) has entered into an
agreement with Software House International (SHI) Government Solutions for the needed
microcomputer software. The City currently has 530 PC's that would utilize this agreement at
an annual cost of $260 per microcomputer, for a combined total of $137,800 per year.
Software covered under this agreement is the Microsoft desktop operating system, Internet
Explorer, Microsoft Office (Word, Excel, Access, PowerPoint, Publisher) as well as Structured
Query Language, Exchange and Network Client Access licenses. All State competitive
bidding requirements for this purchase will be met by participating in the DIR cooperative
purchasing program.
By entering into this volume licensing agreement for a three-year term, the City will save
approximately $72,150 annually, versus individual purchasing, thus reducing our total cost of
ownership. The agreement can be cancelled at the end of any of the one-year segments.
The City will also be required to sign a "State And Local Government Enterprise Enrollment"
licensing agreement with Microsoft. Staff is requesting that the Council authorize the City
Manager to sign the Microsoft Agreement on the City's behalf.
Recommendation: That the Council approve the microcomputer software purchase with SHI
Government Solutions at a cost not to exceed $137,800 and approve Resolution # 2001-054
authorizing the City Manager to sign the Microsoft State and Local Government Enterprise
Enrollment Agreement.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
-
x
Finance Review
Account Number f)?n-7n1?-7~1 4~-n1
Sufficient Funds Availabl
,
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Page 1 of L
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RESOLUTION NO. 2001-054
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, that:
1.
The City Manager be, and is hereby, authorized to execute the attached
MICROSOFT ENTERPRISE ENROLLMENT AGREEMENT as the act and deed
of the City.
PASSED AND APPROVED this 24th day of September, 2001
APPROVED:
Charles Scoma - Mayor
ATTEST:
Patricia Hutson - City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire - City Attorney
APPROVED AS TO CONTENT:
Terry D. Kinzie - Director of Information Services
,
CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 9/24/01
PW 2001-018
Subject: Approve Wastewater Transportation Contract with
Trinity River Authority for the Walker-Calloway Outfall
Trunk Sewer - Resolution No. 2001-055
Agenda Number:
On April 18, 1969, the City of North Richland Hills (NRH) and Hurst signed an agreement
with the Trinity River Authority (TRA) to construct and maintain the Walker-Calloway Trunk
Sewer Line. The agreement outlined the responsibilities of each party. The 1969
agreement has expired and TRA is now requiring all 3 parties to sign a new agreement.
The proposed agreement is similar to the 1969 agreement. Both agreements indicate the
following:
-/ NRH and Hurst will split the routine O&M cost 50/50.
-/ NRH and Hurst will split the non routine O&M cost based on flow contribution (79.4% for
NRH and 20.6% for Hurst).
-/ TRA will maintain and operate the Walker-Calloway Sewer System (including metering
stations) and be paid by both cities.
The main difference between the proposed agreement and the 1969 agreement is how
NRH and Hurst pay TRA. The 1969 agreement allowed both cities to be billed monthly on
actual monthly costs. The new agreement specifies that each City will pay TRA at the
beginning of the month. The advanced payment will be based on monthly projections of
actual cost. At the end of the year, TRA and the cities will "settle up" any differences. This
is the same process that TRA uses for all of its current contracts. The proposed
agreement will not impact how much NRH pays, just the timing of the payment.
The City Attorney has reviewed and approved the proposed agreement.
Recommendation: To approve Resolution No. 2001-055.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds Ävallable
-fd}
l1.;(j.ç{;±.
D partment H ignature
Finance Director
Page 1 of _
·
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RESOLUTION NO. 2001-055
BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas,
that:
1.
The City Manager be, and is hereby authorized to execute the attached
Wastewater Transportation Contract with Trinity River Authority for the Walker-Calloway
Outfall Trunk Sewer Line, as an act and deed of the City.
PASSED AND APPROVED this the 24th day of September, 2001.
Charles Scoma, Mayor
· ATTEST:
.
Patricia Hutson, City Secretary
APPROVED AS TO LEGALITY:
Attorney for the City
APPROVED AS TO CONTENT:
Mike Curtis, P.E., Public Works Director
'.' -- .~_._.----.
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THE STATE OF TEXAS §
§ WASTEWATER TRANSPORTATION CONTRACT
COUNTY OF TARRANT §
This Wastewater Transportation Contract ("Contract") is made and entered into by and
between the CITY OF HURST, TEXAS ("Hurst") and the CITY OF NORTH RICHLAND HILLS,
TEXAS ("North Richland Hills"), individually a "City" and collectively the "Cities", municipal
corporations in Tarrant County, Texas, acting under the laws of the State of Texas, and acting
under their Home Rule Charters, and the TRINITY RIVER AUTHORITY OF TEXAS
("Authority"), a conservation and reclamation district and political subdivision of the State of
Texas. The Cities and Authority acknowledge that this Contract is made and entered into
subject to the terms, covenants and conditions of the Wholesale Wastewater Contract between
the Authority, Cities and the City of Fort Worth (hereinafter called "Fort Worth"), dated
December 2, 1987 (hereinafter called "the Wholesale Wastewater Contract"). The Wholesale
Wastewater Contract is incorporated into this Contract by reference as if quoted herein and for
all purposes.
RECITALS
1. The Cities previously entered into separate contracts with the Authority, both dated April 18,
1969, for the Authority's issuance of revenue bonds and construction of the Walker-Calloway Branch
Outfall Trunk Sewer System for wastewater transportation (hereinafter called "System"), and
treatment of Cities wastewater. The wastewater treatment services are subject to the Wholesale
Wastewater Contract.
2. The Authority has constructed the necessary trunk sewer lines, which connect into a
wastewater pipeline owned by Fort Worth. The Authority's Revenue Bonds have been paid in
full and are no longer outstanding.
3. The Cities own and operate their own wastewater collection systems and desire to enter
into this Contract whereby the Authority agrees to continue providing, and the Cities agree to
pay for transportation of Cities wastewater, and treatment of Cities wastewater by Fort Worth
under terms of the Wholesale Wastewater Contract and pay the Authority operation and
maintenance charges for the Walker-Calloway System.
AGREEMENT
For and in consideration of the mutual promises, covenants, obligations, and benefits
described in this Contract, Cities and Authority agree as follows:
DEFINITION OF TERMS
The following terms and expressions used in this Contract, unless the context clearly shows
otherwise, shall have the following meanings:
(a) "Adjusted Annual Payment" means the Annual Payment as adjusted during or after
each Annual Payment period, as provided by this Contract.
(b) "Annual Payment" means the amount of money to be paid the Authority by each of the
Cities during each Annual Payment Period as its proportionate share of the Annual
Requirement.
1
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·
·
(c) "Annual Payment Period" means the Authority's Fiscal Year, which currently begins
December 1 of each calendar year and ends on the last day of November of the next
calendar year.
(d) "Annual Requirement" means the total amount of money required for the Authority to pay
all Operation and Maintenance expenses of the System and to payor restore any
amounts required to be deposited in any special, contingency or reserve funds required
to be established and/or maintained under this Contract.
(e) Board of Directors" means the Board of Directors of the Authority.
(f) "8.0.0. (denoting Biochemical Oxygen Demand) means the quantity of oxygen utilized
in the biochemical oxidation of organic matter under standard laboratory procedure in
five days at 20 degrees C., expressed in milligrams per liter.
(g) "Cities" means the "Cities", as defined in the first paragraph of this Contract.
(h) "City" means anyone of the Cities.
(i) "Infiltration Water" means water which leaks or otherwise enters into a sanitary sewer
pipeline.
U) "Operation and Maintenance Expenses" means all recurring costs and expenses of the
System, including operating personnel, the cost of utilities, supervision, engineering,
accounting, auditing, legal services, supplies, services, administration of the System,
including general overhead expenses attributable to the System, insurance premiums,
equipment necessary for proper operation and maintenance of the System, and
payments made by the Authority in satisfaction of judgments resulting from claims not
covered by the Authority's insurance arising in connection with the operation and
maintenance of the System. The term does not include depreciation.
(k) "Extraordinary Maintenance or Repair Expenses" means non-recurring expenses and
repairs for which action has been initiated by the Authority on behalf of the Cities and for
which funds may not have been provided in the Annual Budget.
(I) "Point of Entry" means the point at which wastewater enters the System.
(m) "System" means the Walker-Calloway Branches Outfall Trunk Sewer System, including
any improvements or extensions.
(n) "T.S.S." (denoting Total Suspended Solids) means solids that float on the surface or are
in suspension in water, sewage, or other liquids, and which are expressed in milligrams
per liter.
(0) "Wastewater" means sewage, industrial waste, municipal waste, recreational waste and
agricultural waste, as defined in the Texas Water Code, together with properly shredded
garbage and such Infiltration Water that may be present.
SECTION I. CONDITIONS PRECEDENT.
1.01 PRIOR AGREEMENT. This Contract is entered into pursuant to the Wholesale
Wastewater Contract, and the rights and obligations of the Authority and the Cities under this
Contract shall be subject to and be interpreted consistent with the terms and conditions of the
Wholesale Wastewater Contract. The Wholesale Wastewater Contract, including any future
amendments thereto, is incorporated into this Contract by reference as if quoted verbatim in this
section.
1.02 CONDITIONS PRECEDENT. The enforceability of this Contract and any future
amendments is contingent upon the binding Wholesale Wastewater Contract between the
Authority, Cities and Fort Worth under which Fort Worth agrees to receive, transport and treat
the herein referenced wastewater from Authority.
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1.03 COMPLIANCE. The Cities agree that this Contract is subject to the terms, duties
and obligations of the Wholesale Wastewater Contract, and will assist the Authority in all efforts
to comply with said Wholesale Wastewater Contract. The Cities shall never have the right to
demand performance of a duty or obligation under this Contract, which is at variance from the
Wholesale Wastewater Contract.
SECTION II. TERM.
2.01 TERM. This Contract shall be effective on the execution date below, and shall continue
in effect until December 2, 2017, the expiration date of the Wholesale Wastewater Contract,
unless the Authority and the Cities jointly desire to terminate this Contract before the expiration
date, or the Wholesale Wastewater Contract is terminated pursuant to its terms.
SECTION III. METERS AND MEASUREMENT.
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3.01 METERING. The Authority has constructed metering stations and installed appropriate
metering equipment for the purpose of determining the volume of wastewater discharged into
the System by the Cities. The Authority shall have complete control of the operation and
maintenance of such metering stations and equipment. The Cities shall have access to such
metering equipment at all reasonable times for inspection and examination, but the reading,
calibration, and adjustment thereof shall be done only by employees or agents of the Authority
in the presence of a representative of either of the Cities if requested by the Cities. All readings
of meters will be entered upon proper books of record maintained by the Authority. Upon
written request, either of the Cities may have access to said record books during reasonable
business hours.
3.02 CALIBRATION AND MAINTENANCE OF METERS. Not less than three times in
each year of operation, the Authority shall calibrate its meters. The Cities shall be notified in
writing or electronically a minimum of five (5) business days prior to the calibration of the
Authority's meters for the parties to jointly observe any adjustments which are made to the
meters in the case any adjustment is required. If, for any reason, any meters are out of service
or out for repair, or if, upon any test, the percentage of inaccuracy of any meter is found to be in
excess of five percent (5%), registration thereof shall be corrected for a period of time extending
back to the time when such inaccuracy began, if such time is ascertainable, and if such time is
not ascertainable, then for a period extending back one-half (1/2) of the time elapsed since the
date of the last calibration, but in no event further back than a period of four (4) months. Repair
and replacement of the meters shall be the responsibility of the Authority. Such meters and
other equipment shall remain the property of the Authority.
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3.03 CHECK METERS. Either of the Cities may, at its option and its own expense, install
and operate a check meter to check each meter installed by the Authority, but the measurement
for the purpose of this Contract shall be solely by the Authority's meters, except in the cases
herein below in this Section specifically provided to the contrary. All such check meters shall be
of standard make and shall be subject at all reasonable times to inspection and examination by
any employee or agent of the Authority, but the reading, calibration, and adjustment thereof
shall be made only by that City, except during any period when a check meter may be used
under specific written consent by the Authority for measuring the amount of wastewater
delivered into the System, in which case the reading, calibration, and adjustment thereof shall
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be made by the Authority with like effect as if such check meter or meters had been furnished or
installed by the Authority.
3.04 UNIT OF MEASUREMENT. The unit of measurement for wastewater delivered
hereunder shall be 1,000 gallons, U.S. Standard Liquid Measure.
SECTION IV. WASTEWATER.
4.01 QUALITY OF WASTEWATER. The quality of wastewater discharged under this
Contract shall be equal to or better than the quality standards established by current or future
ordinances of Fort Worth regulating the quality of wastewater to be transported into Fort Worth's
wastewater treatment system.
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4.02 WASTEWATER SAMPLING AND TESTING. In accordance with the Wholesale
Wastewater Contract, the Authority agrees to periodically determine the quality of the
wastewater at the agreed upon sampling points for the purpose of billing for the strength of the
wastewater in milligrams per liter of B.O.D. and T.S.S. The sampling and testing shall be at
least three times annually. The Authority shall collect twenty-four (24) hour flow weighted
composite samples for a period of not less than five consecutive twenty-four (24) hour periods.
Either of the Cities shall be provided the opportunity to split samples with the Authority. The
Cities shall be notified five (5) business days by letter or electronically prior to sampling. The
Authority shall analyze the samples collected in accordance with standard methods published
by the U. S. Environmental Protection Agency. Reports of the analysis will be furnished to the
Cities, and to Fort Worth who will utilize the B.O.D. and T.S.S. data for billing wastewater
strength. Should a City request more extensive monitoring, such monitoring shall be paid for by
the City making the request, and shall be done in accordance with this Section.
4.03 SEPARATION OF STORM SEWERS. The Cities agree to keep separate all storm
sewers from its sanitary sewers, and to disconnect any storm sewers, drains or other openings
which may cause storm waters to enter the sanitary sewers, and the Cities further agree to
adopt and use ordinances pertaining to the construction of and connection to sanitary sewers
and covering quality requirements which will meet the requirements as set out in the ordinances
described herein, specifically Section 4.01, Quality of Wastewater. The Cities agree to keep its
sewerage system in good repair so that undue Infiltration Water will not flow into the System.
4.04 DISCHARGE OF WASTEWATER. In consideration of the payments to be made by the
Cities under this Contract, the Cities shall have the right to discharge, and the Cities agree that
they will discharge into the System, under the terms of this Contract, wastewater originating in
the Walker-Calloway Branches drainage area. Cities may discharge wastewater originating
from other drainage areas as long as the discharge by North Richland Hills does not exceed a
maximum rate which, if continued for a period of twenty-four (24) hours, would equal 20,620,000
gallons, and as long as discharge by Hurst does not exceed a maximum rate which, if continued
for a period of twenty-four (24) hours, would equal 5,350,000 gallons.
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4.05 POINTS OF ENTRY. It shall be the sole responsibility of the Cities, including any liability
incurred in connection therewith, to convey such wastewater into the System. Either of the
Cities may, at its expense, make such Points of Entry as it desires to the System, provided the
plans and methods of making such Points of Entry are established by mutual agreement by the
Authority and the requesting City in advance.
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SECTION V. PAYMENTS TO AUTHORITY.
5.01 OPERATING RESERVE FUND. The Cities agree that the Authority shall maintain
the existing Administrative and Contingency Fund in the Authority's Walker-Calloway Branches
Enterprise Fund. This Fund consists of $36,213.92 contributed by Hurst and $178,351.21
contributed by North Richland Hills. Said funds shall serve as an Operating Reserve Fund and
will be retained for the purpose of providing adequate working capital to fund the billings
received from Fort Worth for wastewater services and Extraordinary Maintenance and Repair
Expenses. Operating Reserve Funds which are utilized for Extraordinary Maintenance or
Repair Expenses during the Authority's Fiscal Year shall be reimbursed by the Cities to the
Operating Reserve Fund as specified in 5.05 of this Section. The Operating Reserve Fund shall
remain the property of the respective City, and any interest earned on the Operating Reserve
Fund not utilized during the Fiscal Year will be retained in the Enterprise Fund as part of the
Operating Reserve until such a time as this Contract is dissolved or expires, at which time
20.6% of the total accumulated shall be refunded to the City of Hurst and 79.4% of the total
amount accumulated shall be refunded to the City of North Richland Hills.
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5.02 OTHER CHARGES. In the event that any new or unforeseen assessment or charges
are imposed on diverting, storing, delivering, gathering, impounding, or taking the wastewater
received by the Authority from either of the Cities, the amount of the assessment or charge shall
be borne by that City, in addition to all other charges, and whenever the Authority shall be
required to pay any assessment or charge on wastewater received by either of the Cities then
that City shall promptly payor reimburse Authority for the tax, assessment, or charge in the
manner directed by the Authority.
5.03 ANNUAL REQUIREMENT. Under this Contract, the Annual Requirement is the total
amount of money required during each Authority Fiscal Year for the Authority to pay all
Operation and Maintenance Expenses of the System. This includes annual operation and
maintenance expenses attributable to the System of an ordinary or recurring nature plus
maintenance of an extraordinary nature. The Ordinary Operation and Maintenance Expenses
shall be shared equally by the Cities, 50% to each City. The Cities shall share Extraordinary
Maintenance and Repair Expense based on design capacity, 20.6% to Hurst and 79.4% to
North Richland Hills.
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5.04 ANNUAL BUDGET. Each Annual Budget for the System shall provide amounts
sufficient to pay the Annual Requirement. On or before September 1 of each year, the Authority
shall furnish to the Cities a preliminary estimate of the Annual Payment for each City for the next
Annual Payment Period. After examination of the preliminary estimate, the Cities shall express
their concurrence or non-concurrence with the preliminary estimate in writing. Any dispute shall
be resolved jointly by the Cities and the Authority within thirty (30) calendar days of the date the
preliminary budget was furnished to the Cities. The Board of Directors may adopt the
preliminary budget or make amendments thereof as to it may seem proper. The budget thus
approved by the Board of Directors shall be the Annual Budget for the next ensuing Annual
Payment Period. The Annual Budget may be amended at any time through formal action of the
Board of Directors even though such action might cause the total amount of the Annual Budget
to be exceeded; provided that such action shall be taken only in the event of an emergency or
special circumstances which shall be clearly stated at the time such action is taken by the Board
of Directors.
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5.05 PAYMENTS BY THE CITIES. Each City agrees to pay, at the time and in the manner
hereinafter provided, its Annual Payment. Each City shall pay its Annual Payment directly to the
Authority, in monthly installments, on or before the 10th day of each month in accordance with
the schedule of Annual Payments furnished by the Authority, but no later than thirty (30)
calendar days from the receipt of notice for payment due from the Authority. For each payment
period, each City's Annual Payment shall be obtained by dividing the number of gallons of
contributed flow of wastewater estimated to be discharged into the System by that City during
such Annual Payment Period, as determined by the Authority after consultation with each of the
Cities, by the aggregate total amount of gallons of wastewater estimated to be discharged by
both Cities into the System during such period, and multiplying the resulting percentage by the
Annual Requirement. It is further provided that the Authority may adjust its estimates of the
Cities contributing flow, or of the Annual Requirement, during any period within the Annual
Payment Period and such revised estimates may be made on the basis of actual metered
contributing flow, actual Operation and Maintenance Expenses, and actual billings for
wastewater service from Fort Worth, including revised billings for B.O.O. and T.S.S. strength.
The Cities will be furnished an Adjusted Annual Payment schedule to reflect any adjustments.
At the close of each Annual Payment Period the Authority shall redetermine the actual metered
number of gallons of contributing flow and the actual B.O.O. and T.S.S strength discharged into
the System by each City during said period. Each City's actual percentage of the total
contributing flow shall be redetermined by dividing such City's actual contributing metered flow
by the total of both City's actual contributing metered flow. Each of the City's actual strength
charges shall be determined by computing the amount of B.O.O. and T.S.S. strength charges by
Fort Worth which are attributable to that City. Each City's Adjusted Annual Payment shall be
determined by multiplying such City's redetermined volume percentage times the actual volume
charges by Fort Worth and adding each City's actual B.O.O. and T.S.S. strength charges. The
actual Operation and Maintenance Expenses and any remaining Extraordinary Maintenance or
Repair Expenses, as well as funds required to return the Operating Reserve Fund to the
required level specified in 5.01, will also be charged to each City as previously defined in 5.03 of
this Section. .
SECTION VI. DEFAULT IN PAYMENT.
6.01 DEFAULT IN PAYMENT. In the event that a City shall fail to make any herein listed
monthly payment within the time herein specified, interest on such amount shall accrue at the
rate of 5% per annum from the date such payment becomes due until paid in full with interest as
herein specified. In the event such payment is not made within sixty (60) days from the date
such payment becomes due, the Authority may at its option discontinue service to that City until
the amount due the Authority is paid in full with interest as herein specified, provided that any
such discontinuation of service shall not relieve that City of the obligation to make payments
required under this Contract.
SECTION VII. OTHER CONTRACTS.
7.01 RIGHT TO CONTRACT. Each party hereto reserves and shall have the right to
contract with other parties for the use of the facilities constructed under this Contract, provided
that the party so contracting shall obtain the written consent of the other parties hereto to any
such contract before such contract shall take effect. The Authority shall have the right to
increase the size or capacity of the System for the use and benefit of other parties.
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SECTION VIII. SPECIAL PROVISIONS.
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8.01 SPECIAL PROVISIONS. The following special provisions apply:
(a). Title to all wastewater discharged hereunder shall remain in each City until
introduced into the System, and upon entry into the System, title thereto and all effluent
therefrom shall pass to the Authority. The Authority shall take responsibility as between the
parties hereto for the proper transportation and disposal of all such wastewater received by it, in
accordance with Federal and State law.
(b). The Authority shall continuously operate and maintain the System in an efficient
manner and in accordance with good business and engineering practices, and at reasonable
cost and expense.
(c). Each City's obligation under this Contract shall never be construed to be a debt
of Cities of such kind as to require it under the Constitution and laws of this State to levy and
collect a tax to discharge such obligation, and it is expressly understood by the parties hereto
that all payments due by the Cities hereunder are to be made from water and sanitary sewer
revenues received by the Cities.
(d). Each City represents and covenants that all payments to be made hereunder by
it shall constitute "Operating Expenses" of its waterworks and sanitary sewer system as
authorized by the laws of Texas, including Chapter 1502 of the Texas Government Code, as
amended.
(e) Cities specifically acknowledge that the Authority is not obligated, and has no
funds available, to design or construct additions, replacements or capital improvements which
may be deemed necessary or appropriate for the System except as may be provided to the
Authority by the Cities. This contract does not contemplate or obligate the Authority to authorize
or issue any form of debt for such purposes. Any such additions, replacements or
improvements which may hereafter be deemed appropriate or necessary for the System that
cannot be paid for from money on hand in the Operating Reserve Fund shall be paid for by the
Authority solely from funds advanced to it by the Cities or from proceeds of debt of the Authority
which may be secured by a separate contract with the Cities or an appropriate amendment to
this Contract, and not otherwise.
SECTION IX. MODIFICATION.
9.01 MODIFICATION. This Contract may be changed or modified only with the consent
of the governing bodies of both the Authority and the Cities. No such change or modification
may be made which will affect adversely the prompt payment when due of all monies required
to be paid by the Cities under the terms of this Contract.
SECTION X. REGULATORY REQUIREMENTS.
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10.01 REGULATORY REQUIREMENTS. This Contract is subject to all applicable federal,
state, and local laws and any applicable ordinances, rules, orders, and regulations of any local,
state, or federal governmental authority having jurisdiction, or any authorized representative of
any of them. However, nothing contained in this Contract shall be construed as a waiver of any
right to question or contest any law, ordinance, order, rule, or regulation in any forum having
jurisdiction, and Authority and Cities all agree to make a good faith effort to support proposed
laws and regulations which would be consistent with the performance of this Contract in
accordance with its terms.
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SECTION XI. DISPUTES.
11.01 NOTICES. If either city at any time disputes the amount to be paid by it to the
Authority, the City shall nevertheless promptly make the disputed payment or payments while
the dispute is pending. If it is subsequently determined by agreement or court decision that the
disputed amount paid by the City should have been less or more, the Authority shall promptly
prepare either an invoice or bill to correct the difference.
SECTION XII. WAIVER AND AMENDMENT.
12.01 WAIVER AND AMENDMENT. Failure to enforce or the waiver of any provision of
this Contract or any breach or non-performance by the Authority of the Cities shall not be
deemed a waiver by the Cities or the Authority of the right in the future to demand strict
compliance and performance of any provision of this Contract. Regardless of any provision
contained in this Contract to the contrary, any right or remedy or any default under this Contract,
except the right of the Authority to receive the Annual Payment which shall never be determined
to be waived, shall be deemed to be conclusively waived unless asserted by a proper
proceeding at law or in equity within two (2) years plus one (1) day after the occurrence of the
default.
No officer or agent of the Authority or the Cities is authorized to waive or modify any
provision of this Contract. No modifications to or rescission of this Contract may be made
except by a written document signed by the Authority's and the Cities' authorized
representatives.
SECTION XIII. DAMAGES AND INDEMNITY.
13.01 INDEMNITY. It is mutually agreed by the parties to this Contract that insofar as the
rights and work contemplated under this Contract are performed by a party to this Contract
within the jurisdiction of another party to this Contract and to that extent only, the aforesaid
parties hereby mutually agree that each party will be responsible for its own negligent acts or
omissions which cause damage to property (real or personal) or persons arising directly or
indirectly from the performance of the work and rights provided for under this Contract. This
paragraph shall not be construed to waive a party's immunity under Texas law. This paragraph
is for the sole benefit of the parties to this Contract, and shall not be construed as conferring
rights or benefits, contractual or otherwise, upon other persons or entities.
13.02 LIABILITY FOR DAMAGES. Liability for damages arising from the transportation,
delivery, reception, treatment, and/or disposal for all wastewater discharged into the System
hereunder shall remain in each City to its Point or Points of Entry, and title to such wastewater
discharged hereunder shall remain in each City to such Point or Points, and upon passing
through Points of Entry the liability for such damages, and title to such wastewater, shall pass to
the Authority. As between the Authority and each City, each party agrees, to the full extent
permitted by law, to indemnify and to save and hold the other party harmless from any and all
claims, demands, causes of action, damages, losses, costs, fines and expenses, including
reasonable attorneys fees, which may arise or be asserted by anyone at any time on account of
the transportation, delivery, reception, treatment and/or disposal while title to the wastewater is
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in such party, or on account of a prohibited discharge by a City. The Authority has the
responsibility as between the parties for the proper reception, transportation, treatment, and
disposal of all wastewater discharged into the System, but not for prohibited discharges
discharged by any party at any Point of Entry.
SECTION XIV. FORCE MAJEURE.
14.01 FORCE MAJEURE. If for any reason of "force majeure," either the Authority or the
Cities shall be rendered unable, wholly or in part, to carry out its obligation under this Contract,
other than the obligation of each City to make the payments required under the terms of this
Contract, then if the party shall give Notice of the reasons in writing to the other party within a
reasonable time after the occurrence of the event or cause relied on, the obligation of the party
giving the Notice, so far as it is affected by the "force majeure," shall be suspended during the
continuance of the inability then claimed, but for no longer period. The term "force majeure," as
used in this Contract, shall mean acts of God, strikes, lockouts, or other industrial disturbances,
acts of public enemy, orders or actions of any kind of government of the United States or of the
State of Texas, or any civil or military authority, insurrections, riots, epidemics, land slides,
lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints
of government and people, civil disturbances, explosions, breakage or accident to dams,
machinery, pipelines, canals, or other structures, partial or entire failure of water supply,
including pollution (accidental or intentional), and any inability on the part of the Authority to
transport wastewater, or of Fort Worth to receive wastewater, on account of any other cause not
reasonably within the control of the party claiming the inability.
SECTION XV. ASSIGNMENT.
15.01 ASSIGNMENT. The Cities understand and agree that any assignment of rights or
delegation of duties under this Contract is void without the prior written consent of the Authority.
The Cities understand and agree that this Contract is subject to the terms, conditions, rights and
obligations of the Authority under the Wholesale Wastewater Contract between the Authority
and Fort Worth. The Cities acknowledge that they are responsible pursuant to this Contract for
said terms, conditions, rights and obligations of the Authority. The Cities further agree that in
the event of a dispute, including litigation, between the Authority and Fort Worth regarding the
aforesaid Contract between the Authority and the Cities, they will defend, hold harmless and
indemnify the Authority in any such dispute.
SECTION XVI. SOLE AGREEMENT.
16.01 SOLE AGREEMENT. Except for the Wholesale Wastewater Contract, this
Contract constitutes the sole and only agreement of the Cities and the Authority and supersedes
any prior understanding or oral or written agreements between the Authority and the Cities
respecting the subject matter of this Contract.
SECTION XVII. SEVERABILITY.
17.01 SEVERABILITY. The provisions of this Contract are severable and if, for any
reason, anyone or more of the provisions contained in this Contract shall be held to be invalid,
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illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability shall not
affect any other provision of this Contract, and this Contract shall remain in effect and be
construed as if the invalid, illegal, or unenforceable provision had never been contained in the
Contract.
SECTION XVIII. NOTICES.
18.01 NOTICES TO AUTHORITY. Notices to Authority required or allowed by this Contract
shall be in writing and be given by hand-delivery or by depositing the notice in the United States
mail, postage prepaid and registered or certified, with return receipt requested, to constitute
verification of receipt of same notice, and addressed to the party to be notified. For purposes of
notice, the addresses of, and the designated representative for, receipt of notice for each of the
parties shall be shown above the signatures of the individuals who signed this Contract on
behalf of the Authority and the Cities. Any party may change its address by giving written notice
of the change to the other parties at least fifteen (15) days before the change becomes
effective.
18.02 NOTICES TO CITIES OF SAMPLING, METER CALIBRATION AND OTHER
OPERATIONS. Notices between City and Authority regarding matters of sampling, meter
calibration, and other operations as required or allowed by this Contract may be electronically
transmitted. An electronic reply from the receiving party, indicating receipt and approval of the
other party's transmission, shall constitute verification of receipt of such notices.
18.03 PAYMENTS. Payments to Authority shall be hand-delivered or sent via United States
mail, postage prepaid. Electronic payments to the Authority, with prior approval by Authority,
shall be permitted.
SECTION XIX. PLACE OF PERFORMANCE.
19.01 PLACE OF PERFORMANCE. All amounts due under this Contract, including but
not limited to payments due under this Contract or damages for the breach of this Contract,
shall be paid and be due in Tarrant County, Texas, said Tarrant County, Texas, being the place
of performance agreed to by the parties to this Contract. In the event that any legal proceeding
is brought to enforce this Contract or any provision hereof, the same shall be brought in Tarrant
County, Texas.
SECTION xx. CAPTIONS AND RULES OF INTERPRETATION.
20.01 CAPTIONS AND RULES OF INTERPRETATION. The captions and section
headings used in this Contract are for the convenience of the parties only and shall not be used
in construing this Contract. This Contract has been negotiated at arm's length and between
persons sophisticated and knowledgeable in wastewater matters, and experienced and
knowledgeable legal counsel has represented each party. Accordingly, any rule of law or legal
decision that would require interpretation of this Contract against the party that has drafted it is
not applicable and is waived. The provisions of this Contract shall be interpreted in a
reasonable manner to affect the purposes of the parties and this Contract.
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IN WITNESS WHEREOF, the undersigned Authority and Cities execute this Contract in
duplicate originals on , 2001, at Tarrant County, Texas, each of which is
deemed to be an original.
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APPROVED AS TO FORM
John Boyle, City Attorney
ATTEST:
APPROVED AS TO FORM:
Rex Mcintire, City Attorney
ATTEST:
ATTEST:
CITY OF HURST, TEXAS
1505 Precinct Line Road
Hurst, Texas 76053
BY:
TITLE:
DATE:
CITY OF NORTH RICHLAND HILLS, TEXAS
7301 N.E. Loop 820
North Richland Hills, Texas 76180
BY:
TITLE:
DATE:
TRINITY RIVER AUTHORITY OF TEXAS
5300 South Collins
P.O. Box 60
Arlington, Texas 76004
DANNY F. VANCE, General Manager
DATE:
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CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 9/24/01
Subject: Award of Bid for Holiday Lane at Trinidad Drive Traffic
Signal Installation to Roadway Solutions in the Amount of
$64,927
PW 2001-019
Agenda Number:
On August 8, 2001, bids were taken for the installation of a traffic signal to be located at
Holiday Lane and Trinidad Drive. Only one bid was received, and the project was re-
advertised and re-bid. On September 11, 2001, bids were again taken, and again only one
bid was received.
A total of six contractors were contacted by the City's consultant, Lee Engineering,
notifying them of the project. The Notice to Bidders was faxed to the contractors
approximately three weeks prior to each bid opening (August 8th and September 11 th). Lee
Engineering contacted the contractors about their decision not to submit a bid, and the
response was they were too busy. One contractor, Durable Specialities, chose not to bid
after having submitted a bid the first time the project was bid (August 8th).
The bid proposal of $64,927 from Roadway Solutions is $8,854 less than the cost estimate
for this project. The submitted proposal meets all specifications and requirements.
Recommendation: To approve the proposal submitted by Roadway Solutions in the
amount of $64,927 for installation of a traffic signal to be located at Holiday Lane and
Trinidad Drive.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number 305-0000-603.79-00
Sufficient Funds ÄvallaDle
Finance Director
l2tLqCd~
Depart ent Head Signature
Budget Director
Page 1 of _
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CITY OF
NORTH RICHLAND HILLS
.
Department: Public Works
Council Meeting Date: 9/24/01
Subject: Approve City/Developer AQreement for North Tarrant
Parkway - Resolution No. 2001-057
Agenda Number: GN 2001-096
The developer for the Wal-Mart Super Center is required to make improvements to North
Tarrant Parkway (NTP) prior to the completion of the development. Since the City also
has plans to improve NTP, the developer has agreed to enter into an agreement with the
City in order to make the necessary roadway improvements.
The City/Developer Agreement outlines the following responsibilities for each party.
~ The City will reconstruct and widen NTP from Precinct Line Road to a point located
approximately 1,000 feet west of Davis Boulevard.
~ Wal-Mart will be billed by the City for it's share of the NTP improvements, in an amount
not to exceed $900,000, no later than 10 days after the official bids are opened for the
project.
.
~ Wal-Mart will construct the required offsite drainage improvements in accordance with
the "Final Plans Thornbridge Plaza Box Culvert" plans.
~ The City will pay Wal-Mart one-third (1/3) of the cost for the offsite drainage, not to
exceed $133,548.22. The City's share of the offsite drainage will be deducted from
Wal-Mart's share of the NTP improvements.
The current schedule of the NTP project is outlined below.
Complete Design ......................... October 2001
Bid Opening ................................. December 2001
Begin Construction ...................... January 2002
End Construction......................... November 2002
Recommendation: To approve the City/Developer Agreement with Wal-Mart for the North
Tarrant Parkway improvements, Resolution No. 2001-057.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other qJ
J1k{.!~~
DEÍpartment Rea Signa ure
Finance Review
Account Number
Sufficient Funds Ävallaole
Page 1 of _
.
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·
RESOLUTION NO. 2001-057
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 City/Developer
Agreement with Wal-Mart Stores East, Inc. as the act and deed of the City.
PASSED AND APPROVED this
day of September, 2001.
APPROVED:
Charles Scoma, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, City Attorney
APPROVED AS TO CONTENT:
}L t :t~ Q.::t.-
Mike Curtis, P. ., Director of Public Works
·
·
·
CITY/DEVELOPER AGREEMENT
STATE OF TEXAS §
§
COUNTY OF TARRANT §
KNOW ALL MEN BY THESE PRESENTS
This agreement is made by and between Wal-Mart Stores East, Inc., hereinafter called
the Developer, and the City of North Richland Hills, Tarrant County, Texas, hereinafter
called City.
WHEREAS, the Developer owns a tract of land (the Property) described as Wal-Mart
Addition, Block 1, Lots 1 through 7, North Richland Hills, Tarrant County, Texas; and
WHEREAS, the Developer wishes to have North Tarrant Parkway improved to provide
better access to Developer's Property; and
WHEREAS, THE City desires to have North Tarrant Parkway improved to facilitate
development and to reduce traffic congestion; and
NOW THEREFORE, the Parties agree as follows:
1.
The City will construct and advance the cost of construction of North Tarrant Parkway
between Precinct Line Road to a point 1000 feet west of Davis Boulevard in North
Richland Hills.
2.
The cost of the project will include the cost of signalization and installation of the
intersections of North Tarrant Parkway and Davis Boulevard and North Tarrant Parkway
and Precinct Line Road as well as the actual construction of the balance of North
Tarrant Parkway along with drainage improvements. The Developer agrees to
reimburse the City for one-half of the cost of improvements adjacent to the Wall-Mart
Store property, plus the computed pro-rata share of the cost of the two intersections.
The estimated cost to the Developer, at this time, is $609.35 per linear foot multiplied
by 1,586.26 linear feet. The total cost to the Developer for the street project will not
exceed $900,000.00.
3.
The City has secured all easements and rights of way necessary to construct the
Project and will cause the paving and drainage improvements to be designed and
constructed in accordance with current City of North Richland Hills design requirements.
1
·
·
·
The City certifies to Developer that the street and drainage structures will be sized,
located and constructed at an elevation to allow unrestricted drainage from the Property
into the street and drainage structures.
4.
The Developer agrees to reimburse the City, pursuant to paragraph 2, above, as
follows:
The City will bill Developer for its full estimated cost, based upon the bid, within 10 days
after the street contract is let by the City Council. The full estimated cost will be paid to
the City by the Developer within 30 days of the date it is billed. In the event of over or
under payment of the estimate, the actual amount due will be adjusted within 60 days of
completion and acceptance of the project.
5.
The obligation incurred by Developer, in this agreement, shall run with the land and
shall be binding on all successors and assigns.
6.
The construction of the Wal-Mart Store on the site described above has brought about a
need for off-site drainage. The plans for such off-site drainage project are shown on a
set of plans entitled "FINAL PLANS FOR THORNBRIDGE PLAZA-BOX CULVERT," a
copy of which is attached hereto. The Developer agrees to install the off-site drainage
pursuant to said plans.
7.
The parties agree the City's share of the cost of said off-site drainage improvements
shall be set at $133,548.22, or one-third of the construction cost, whichever is less.
8.
The City's share of the construction cost of said off-site drainage will be paid by
deducting the dollar amount of the City's cost from the amount owed by the Developer
for its share of the cost of the improvements to North Tarrant Parkway, as defined in
paragraph 2 and 4 above.
WITNESS OUR HANDS this
day of
,2001.
2
·
·
·
WAL-MART STORES EAST, INC.
By:
CITY OF NORTH RICHLAND HILLS, TEXAS
By:
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, City Attorney
Charles Scoma, Mayor
STATE OF TEXAS ) Corporate Acknowledgment
COUNTY OF TARRANT )
This instrument was acknowledged before me on the day , 2001, by
of Wal-Mart Stores East, Inc., a corporation,
on behalf of said corporation.
Notary Public, State of Texas
3
·
·
·
STATE OF TEXAS ) Corporate Acknowledgment
COUNTY OF TARRANT )
This instrument was acknowledged before me on the day , 2001, by
Charles Scoma, Mayor of the City of North Richland Hills, Texas, a municipal corporation, on
behalf of said corporation.
Notary Public, State of Texas
4
<It
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections Department
Council Meeting Date: 9/24/01
Subject: Consider the request from Tom Galbreath for the approval Agenda Number: PS 2001-15
of a Final Plat of Lots 1-7, Block 1, Wal-Mart Addition (located east of Davis Boulevard, north of
North Tarrant Parkway, and west of Precinct Line Road)
CASE SUMMARY:
Tom Galbreath, on behalf of Dunaway and Associates, has submitted a final plat
application on 18.079 acres of property zoned "PO". This plat encompasses the recently
approved Wal-Mart Planned Development site.
The Development Review Committee has reviewed the plat for compliance with the
Subdivision Rules and Regulations. The plat complies with both the Zoning Ordinance
and the Subdivision Ordinance. Attached is a memo from the Public Works Department
concerning this plat.
A Traffic Impact Analysis has been undertaken and approved by City Staff and our traffic
consultants. Shady Grove Drive has been eliminated as a street east of Davis Boulevard.
The Shady Grove intersection indicates a right-in/right-out from the Waf Mart site. The six
out parcel lots are under a PD and will require site plan approval by the City Council before
improvements could be made.
Staff is coordinating the construction of North Tarrant Parkway with the construction of the
Wal Mart Super Center. A separate developers agreement is included that requires street
escrow payment for the City building North Tarrant Parkway in front of Wal Mart. The City
is also recommending crediting funds off of the street escrow for a portion of the off site
drainage that will be constructed by Wal Mart and will serve the City as part of the
construction of North Tarrant Parkway.
The Comprehensive Plan Update indicates retail uses for the site. The proposed plat is in
conformance with this depiction.
RECOMMENDATION:
The Planning and Zoning Commission at their meeting on September 13, 2001,
recommend approval of PZ 2001-25 by a vote of 7 to O.
To approve PS 2001-15 for a Final Plat of Lots 1-7, Block 1, Wal-Mart Addition as
recommended by the Planning and Zoning Commission.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
'~ )cR 'Bw
Account Number
Sufficient Funds AvaIlable
Finance Director
~
Department Head Signature
PS 2001-15 W al -Mart CC sum.
Page 1 0£2
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Public Works / Administrator:
CITY OF NORTH RICHLAND HILLS
September 7,2001
MEMO TO: Dave Green, Planner
FROM: Mike Walker, P.E., Assistant Director of Public Works
SUBJECT: WAL -MART ADDITION, BLOCK 1, LOTS 1-7;
PS2001-15; Final Plat
We have reviewed the plat and plans submitted to this office on August 23,2001.
1. EASEMENTS Easements are required to be identified for usage by a particular
utility, such as drainage, water, or sanitary sewer. Several easements on the plat
have been identified as "drainage and water easement" or "drainage and sewer
easement". These easements need to be separated and labeled.
This memo is to be used in conjunction with the marked up plat and plans. A separate
letter addressing specific engineering comments will be forwarded to the engineer.
- .
Yj// /(/d/av
HMW/smm/pwm2001-125
cc: Mike Curtis, P.E., Public Works Director
POBox 820609 .. .\Jcrth Richland Hills. Texas" 76182-0609
7301 Northeast Lac¡; 820 .. 817-427-6400 * FAX 817-427-6404.
.
.
-
4.
PS 2001-15
CONSIDERATION OF A REQUEST BY TOM GALBREATH ON BEHALF OF
DUNAWAY AND ASSOCIATES FOR THE APPROVAL OF A FINAL PLAT OF LOTS
1-7, BLOCK 7, WAL-MART ADDITION LOCATED EAST OF DAVIS BOULEVARD,
WEST OF PRECINCT LINE ROAD, AND NORTH OF NORTH TARRANT PARKWAY.
APPROVED
City Zoning Administrator Cathy Horton summarized the case by stating that the
comprehensive plan update indicates retail uses for this site. The proposed plat is in
conformance with this depiction and recommends approval of the final plat subject to
the condition noted by Public Works regarding easements of drainage, water and
sanitary sewer that need to be separated and labeled.
Tim Welch questioned Assistant Director of Public Works, Mike Walker, about the final
entrance to Wal-Mart and Shady Grove. Mike Walker answered that it is a right-in-right
-out with no signal light.
Tim Welch, seconded by Doug Blue, motioned to approve PS 2001-15, subject to
Public Works comments that easements are to be identified for usage by a particular
utility, such as drainage, water, or sanitary sewer. These easements need to be
separated and labeled. The motion carried unanimously (7-0).
Page 2 09/13/01
P & Z Minutes
,
.
.,...
CITY OF
NORTH RICHLAND HILLS
.
Department: Planning & Inspections Department
Council Meeting Date: 9/24/01
Subject: Consider the request from Robert Baldwin representing Agenda Number: PS 2001-25
CVS Pharmacy for the approval of a Final Plat of Lots 1 R, 2 and 3, Block 1, Home Depot
Addition (located at the northwest corner of Mid-Cities Boulevard and Precinct Line Road).
CASE SUMMARY:
Robert Baldwin, on behalf of CVS Pharmacy, has submitted a replat application from the
previously approved Lot 1, Block 1, Home Depot Addition to Lots 1 R, 2 and 3, Block 1,
Home Depot Addition. The new Lot 1 R includes the Home Depot site, Lot 2 includes the
CVS Pharmacy site and Lot 3 is a vacant pad site.
The Development Review Committee has reviewed the plat for compliance with the
Subdivision Rules and Regulations. The plat complies with both the Zoning Ordinance
and the Subdivision Ordinance. Attached is a memo from the Public Works Department
concerning this plat.
Comprehensive Plan:
.
The Comprehensive Plan Update indicates retail uses for the site. The proposed plat is in
conformance with this depiction.
RECOMMENDA TION:
The Planning and Zoning Commission at their meeting on September 13, 2001,
recommend approval of PZ 2001-25 by a vote of 6-0-1.
To approve PS 2001-25 for a Final Plat of Lots 1 R, 2 and 3, Block 1, Home Depot
Addition as recommended by the Planning and Zoning Commission.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other - ~
1t2~
Department Head Signature
Account Number
Sufficient Funds A vallable
Finance Director
..
~~~
PS 2001-25 Home Depot CC sum.
Page 1 of2
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Public Works Department
Administration
Memo
To: Dave Green, Planner
From: Mike Walker, P.E., Assistant Public Works Director
Date: 09/07/01
Re: Home Depot Addition, Block 1, Lots 1 R, 2 & 3; PS 2001-25; CVS
We have reviewed the plat and plans submitted to our office on August 27,2001.
Five (5) sets of plans and permit applications need to be submitted to TxDOT for
proposed work in the Precinct Line right-of-way. Plans and permit applications will
have to be routed through Public Works for approval signature before submittal to
TxDOT.
#tlí akfL
Mike Walker, P.E., Assistant Public Works Director
Cc: Mike Curtis, P.E., Public Works Director
Michael Alturk, P.E., Carter & Burgess
Robert Baldwin, AICP, McDonald Associates
. Page 1
·
·
·
5.
PS 2001-25
CONSIDERATION OF A REQUEST BY ROBERT BALDWIN ON BEHALF OF HOME
DEPOT U.S.A. FOR THE APPROVAL OF A FINAL PLAT OF LOTS 1-R, 2 AND 3,
BLOCK 1 HOME DEPOT ADDITION LOCATED AT THE NORTHWEST CORNER OF
PRECINCT LINE ROAD AND MID-CITIES BOULEVARD.
APPROVED
City Zoning Administrator Cathy Horton summarized the case stating that Mr. Baldwin
has submitted a replat application of the approved Lot 1, Block 1, Home Depot Addition.
This replat encompasses the Home Depot site, the recently approved CVS Pharmacy
site and a vacant lot. This proposal is in conformance with the subdivision rules, zoning
ordinance, and Comprehensive Plan. Staff recommends approval of the final plat
subject to condition stated by Public Works. Cathy Horton states that building permits
can be taken out after lots have been filed with the county.
Chairman Don Bowen called for a motion.
Alternate Don Pultz abstained from voting due to conflict of interest.
Doug Blue, seconded by Tim Welch, motioned to approve PS 2001-20. The vote
carried (6-0-1). The plat was approved subject to Public Works comments that (5) sets
of plans and permit applications need to be submitted to TxDOT for proposed work in
the Precinct Line right-of-way. Plans and permit applications will have to be routed
through Public Works for approval signature before submittal to TxDot.
Page 3 09/13/01
P & Z Minutes
,,'
\,
CITY OF
NORTH RICHLAND HILLS
.
Department: Planning & Inspections Department
Council Meeting Date:
9/24/01
Subject: Public hearing to consider a request from Marvin Smith and Agenda Number: PZ 2001-20
C.A. Sanford on behalf of M&J Construction, for a zoning change from C-2 Commercial
to PD Planned Development for an office development. The property is located in the
8000 Main Street. Ordinance No. 2570
CASE SUMMARY:
Marvin Smith and C.A. Sanford, on behalf of the property owner M&J Construction, has
submitted a request to rezone .34 acres from C-2 Commercial to PD Planned
Development for the construction of an office building. The site is located at the southwest
corner of Main and Snider Streets.
Building Design and Materials - The development consists of a single-story office
building of 2,922 square feet in size. The architecture of the proposed building is done in a
turn-of-the-century style that reflects this historical area. The building will be constructed
using antique brick with a decorative cornice. A porch consisting of rough cedar supports
with corrugated tin roofing will overhang the Main Street façade of the building and extend
a short distance around the sides of the building. A note on the building elevation page
states that all sides of the building will be of similar construction as the façade.
. Access and Parking - The site proposes two access points, one each from Main and
Snider Streets. All parking will be located on the west-side of the site and behind the
bl!ilding (south side). The number of proposed spaces meets Ordinance requirements.
Landscaping/Screening - The site does not have residential adjacency, therefore, no
landscape buffer or screening is required. A 15' landscape setback is required and
provided along the Main and Snider Street frontages. The proposed landscape plan
shows one Live Oak and two Cedar Elms along the Main Street frontage and one Live Oak
and one Cedar Elm along the Snider Street frontage. All proposed trees have a minimum
caliper of 3". The number of trees and their caliper size is consistent with ordinance
requirements. The plan also provides for screening shrubs in the form of Dwarf Burford
Holleys. These shrubs are used to screen the proposed parking and the Main and Snider
Street sides of the building façade.
Finance Review
Source of Funds:
Bonds (GOlRev.)
Operating Budget
Other
Account Number
Sufficient Funds Available
.
,~oe~~ <$J
Finance Director
Department Head Signature
~~,
L;ICasesIPZ Cases120011PZ 2001-20 Marvin Smith CC sum.
CITY OF
NORTH RICHLAND HILLS
·
The site plan contains a note stating that the dumpster pad will be screened by masonry
walls and solid gates. A second note states that roof-mounted equipment will also be
screened. This is consistent with Ordinance requirements.
Signage - No free standing signs are proposed.
Comprehensive Plan - The recently revised Comprehensive Plan recommends office
uses for the site. The proposed use is consistent with the Plan. This site is located within
the Smithfield Conservation District.
Zoning/Land Use - The site is currently zoned C-2 Commercial and contains a vacant
residential structure.
North: C-2/ Vacant, Masonic Lodge
East: C-2/0ffice-industrial
South: 1-2Nacant, cell tower
West: C-2/0ffice, retail
Plat Status - PS 2001-08 The site currently consists of lots 2, 3 & 4, Block F, Smithfield
Addition. A replat of the site combining all three existing lots into one lot is currently being
reviewed by staff and will be forwarded to the Commission in the near future.
Variances Requested - The following variances are requested by this Planned
Development:
·
· Reduction of the required 25' front building setback. The site plan proposes the
building to be situated approximately 22' back from the front property line with an
. additional 7' of roof overhang into the front setback. Total front setback is
approximately 15'.
· Waiver from dedicating additional Main Street ROW. The Thoroughfare Plan lists
Main Street as a C4U (4 lane, undivided, collector) requiring a total of 68' of ROW. The
proposed replat of this property would be required to dedicate one-half or 34' of this
total. To meet this standard, the replat would need to dedicate an additional 6.9' of
right of way. The applicant is requesting that the additional ROW requirement be
waived. The waiving of required ROW cannot be addressed by the approval of this site
plan. Staff will be bringing forward a Thoroughfare Plan amendment request to change
the status of Main Street with the applicant's plat. Any approval of this site plan would
need to be contingent upon approval of a Thoroughfare Plan amendment changing the
status of Main Street.
· Reduction of the required 15' landscape setback on Snider Street. Landscape
setback regulations do not permit the location of parking spaces in the required
landscape setback. The applicant has a portion of one parking space (parallel to
Snider Street, east-side of the building) located within the required setback. This park-
ing space is not screened with small shrubs as required by ordinance.
· · The use of non-masonry materials (wood/corrugated metal roof overhang).
Current Ordinance requirements would not allow the wood support structure for the
metal roof overhang along Main Street.
CITY COUNCIL ACTION ITEM
L:ICasesIPZ Casesl20011PZ 2001-20 Marvin Smith CC sum.
Page 2 of 3
.
.
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CITY OF
NORTH RICHLAND HILLS
RECOMMENDATION:
The Planning and Zoning Commission met on Thursday, September 13, 2001 and
voted 7 to 0 to recommend approval of this request subject to the following stipulations:
1 ) Remove reference to Fire Lane
2) Label Handicapped Parking space(s)
3) Note proposed sign above building entrance
The applicant has submitted a revised site and elevation plan (attached) that addresses
these stipulations.
If the Council determines that this zoning is acceptable, the following motion is
recommended: Approval of PZ 2001-20 and Ordinance No. 2570 contingent on
approval of a revision of the Thoroughfare Plan reducing the right of way for Main
Street as part of the approval of the replat of this property.
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NOTICE OF PUBLIC HEARING
NORTH RICHLAND HILLS
PLANNING AND ZONING COMMISSION
·
CASE #: PZ 2001-20
8000 Block of Main Street
Lots 2 through 4, Block F, Smithfield Addition
You are receiving this notice because you are a property owner of record within
200 feet of the above property.
Purpose of Public Hearing:
A public hearing is being held to consider a request from Marvin Smith and C.A. Sanford
on behalf of the owner, M & J Construction Corporation, for a zoning change from C-2
Commercial to PO Planned Development for an office development at the above
location.
·
Public Hearing Schedule:
Public Hearing Dates: PLANNING AND ZONING COMMISSION
THURSDAY, September 13, 2001
CITY COUNCIL
MONDAY, September 27, 2001
7:00 P.M.
Time:
Location:
CITY COUNCIL CHAMBERS
7301 N. E. LOOP 820
NORTH RICHLAND HILLS, TEXAS
If you have any questions or wish to submit a petition or letter concerning
the above request, please contact:
Planning Department
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Phone (817) 427-6300
Fax (817) 427-6303
·
.
CASE #: PZ 2001-20
Smithfield Addition, Block F, Lot 2R
The following property owners are listed in the 2000 Tarrant Appraisal District tax rolls.
They fall with in 200 feet of the subject tract and have been notified.
Davis Blvd
Barlough, John H Survey
Abstract 130, Tract 16
Regional Rail Row Co
Attn: Dallas Area Rapid Transit
PO Box 660163
Dallas, Texas 75266-9299
Davis Blvd
Crockett, John M Survey
Abstract 273, Tract 1Q
North Richland Hills, City of
PO Box 820667
Fort Worth, Texas 76182
6704 Smithfield Road
Crockett, John M Survey
Abstract 273, Tract 2
Smithfield Cemetery Assn.
Mrs. Delores Lewis Treas
7117 Hightower Street
Fort Worth, Texas 76112
6612 Snider Street
Crockett, John M Survey
Abstract 273, Tract 1 B01
Steele, Davis
2841 Hurstview Drive
Hurst, Texas 76054-2349
.
6609 Davis Blvd
Crockett, John M Survey
Abstract 273, Tract 1 B03
Boles, Patricia G.
4405 Bowman Drive
Colleyville, Texas 76034
7909 Main Street
Reddings Subdivision
Block , Lot 2
Redding, Vera Abbott
7909 Main Street
Fort Worth, Texas 76180
7917 Main Street
Reddings Subdivision
Block A, Lot 2A
Rich, Albert R Sr & Donna R
5629 Puerto Vallarta Drive
Fort Worth, Texas 76180
7921 Main Street
Smithfield Addition
Block B, Lot 8
Farhood, Evelyn Z
6812 Still meadows Circle South
Fort Worth, Texas 76180
Main Street
Smithfield Addition
Block C, Lot 1 R
Smithfield Masonic Lodge
PO Box 821413
Fort Worth, Texas 76182
Main Street
Smithfield Addition
Block C, Lot 3R
Smithfield Masonic Lodge
PO Box 821413
Fort Worth, Texas 76182
8021 Main Street
Smithfield Addition
Block D, Lots 1 thru 4
Snider, Vernie Etal
317 Chandler Lake Court
Fort Worth, Texas 76103
e
8029 Main Street
Smithfield Addition
Block D, Lot 5 thru 8
Snider, Vernie Etal
317 Chandler Lake Court
Fort Worth, Texas 76103
. 6525 Snider Street Bennett, Jeff & Robert Welch
Smithfield Addition 1913 Schumac
Block F, Lot 5B Bedford, Texas 76022
6529 Snider Street Welch, R E & J Bennett
Smithfield Addition 1925 Schumac Lane
Block F, Lot 5C Bedford, Texas 76022
8032 Main Street Business Flooring Inc.
Smithfield Addition PO Box 211447
Block G, Lots 1, 2 & 3B Bedford, Texas 76095
8020 Main Street Business Flooring Inc.
Smithfield Addition PO Box 211447
Block G, Lot 3A & 4 Bedford, Texas 76095
6529 Center Street First Baptist Church Smithfield
Smithfield Addition 7912 Main Street
Block E, Lot 11 Fort Worth, Texas 76180
7912 Main Street First Baptist Church Smithfield
Smithfield Addition 7912 Main Street
Block E, Lot 13 & 11 Fort Worth, Texas 76180
6517 Center Street Bennett, Jeff & Robert Welch
Smithfield Addition 1913 Schumac
. Block 2, Lot 15 Bedford, Texas 76022
8000 Main Street Welch, R E & J Bennett
Smithfield Addition 1925 Schumac Lane
Block F, Lot 1 Bedford, Texas 76022
6533 Snider Street Business Flooring Inc.
Smithfield Addition PO Box 211447
Block F, Lots 2 thru 4 Bedford, Texas 76095
6528 Center Street First Baptist Church Smithfield
Smithfield Addition 7912 Main Street
Block F, Lot 5A Fort Worth, Texas 76180
7912 Main Street First Baptist Church Smithfield
Smithfield Addition 7912 Main Street
Block E, Lot 7 thru 9 Fort Worth, Texas 76180
-
.
.
e
ORDINANCE NO. 2570
AN ORDINANCE OF THE CITY OF NORTH RICH LAND HILLS, TEXAS,
AMENDING THE ZONING ORDINANCE TO ESTABLISH A PLANNED
DEVELOPMENT DISTRICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Planning and Zoning Commission has reviewed a rezoning request on
a tract of land identified in Case Number PZ 2001-20; and
WHEREAS, the developer has indicated an interest in establishing the proposed
development as a Planned Development District under the guidelines of the North
Richland Hills Zoning Regulations; and
WHEREAS, the City Council has determined that the development conditions of this
tract of land do not provide adequate opportunities for development under available
existing zoning district regulations; and
WHEREAS, after appropriate notice and public hearing, the City Council of the City of
North Richland Hills has approved an amendment of the Zoning Ordinance by
establishing a Planned Development District and by changing said Zoning Ordinance as
set forth herein; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
1.
THAT, in Case Number PZ 2001-20, the following described property, attached as
Exhibit A, Location Map, shall be rezoned from C-2 Commercial to a PD Planned
Development District with specific development regulations on .34 acres of land
2.
THAT, the purpose of this Planned Development District is to provide for an office
development. The permitted uses and development regulations for this Planned
Development District shall be as follows:
1. Permitted Uses: All uses permitted in the 01 Office District.
Ordinance PZ 2001-08
Page lof2
.
.
.
3.
THAT, the development regulations are hereby amended, and specifically, the 01
Office Zoning District regulations which are not in conflict with the terms of this Planned
Development District shall govern development on said property, except as follows.
1. Building Setback: The front building setback shall be a minimum 22' from Main and
Snider Streets.
2. Building Materials: Materials shall be limited to those as shown on the building
elevation.
3. Landscaping: The landscaping shall be as shown on the approved site plan.
4. Street ROW Dedication: Main Street ROW (as shown on the approved site plan)
shall be effective only after approval of a revision to the Thoroughfare Plan that
reduces the required ROW.
4.
THAT, all provisions of the Zoning Regulations of the City of North Richland Hills, as
amended, which are not in conflict with the terms of this Planned Development shall
remain applicable on said property, and the provisions of the Zoning District shall apply
to this property to guide development, except where amended herein.
5.
THAT, the Zoning Map of the City of North Richland Hills be amended to reflect this
planned development district.
6.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City
Council that the section, 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 invalid or unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs or 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 or unconstitutional phrase, clause,
sentence, paragraph or section.
7.
SAVINGS CLAUSE. That the Comprehensive Zoning Ordinance of the City of North
Richland Hills, Texas, as amended, shall remain in full force and effect, save and except
as amended by this ordinance.
PZ 2001-08
Page 20f2
.
.
.
8.
EFFECTIVE DATE. This ordinance shall be in full force from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL THIS 24th DAY OF September,
2001.
ATTEST:
Mayor, City of North Richland Hills, Texas
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO CONTENT
Department Head
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
PZ 2001-08
Page 3 of2
~. .. I
·
6.
PZ 2001-20
CONSIDERATION OF A REQUEST BY MARVIN SMITH AND C.A. SANFORD, ON
BEHALF OF THE PROPERTY OWNER M & J CONSTRUCTION, FOR A ZONING
CHANGE ON .34 ACRES OF LAND FROM C-2 COMMERCIAL TO PD PLANNED
DEVELOPMENT FOR AN OFFICE DEVELOPMENT IN THE 8000 BLOCK OF MAIN
STREET.
APPROVED
City Zoning Administrator, Cathy Horton summarized the case to be zoned from C-2 to
PD for office at SW Main Street and Snider Street. The property is now platted as three
lots. Mr. Smith intends to build a 2900 SF single story turn-of-the-century style office
that reflects the historical characters of the "Smithfield Conservation District". Which is
identified in the approved Comprehensive Plan this Spring. This is a pedestrian
oriented development. Mr. Smith requests a variance of the front setback. Instead of
the required 25' setback from the front property line. Mr. Smith requests a 22-ft
setback. with an additional 7' roof overhang making total front setback 15'. Parking lots
are tucked in the side and rear. One parking lot encroaches to landscape setbacks and
no shrubs are shown to screen the parking spaces. Mr. Smith needs to designate
handicap setbacks and to identify proposed signs.
· Chairman Bowen opened the public hearing.
C.A. Stratford, associated with Mr. Marvin Smith explained there would be no signs on
the building. Only one on the corner of the building and one built into the concrete
structure above entryway. He explained the proposal to the Commission.
Marvin Smith, 7617 Douglas Ln., commented that this would be a family owned
business. The exterior is masonry. Cedar wood posts and a corrugated metal awning
will be used and the interior will look like a 1900 restored building. The porch will be
brick. The parking lot could be designed concrete with brick pavement. He would like
to replace the existing light pole with a decorative street light. He has future plans for
more landscaping and streetlights.
Tim Welch requested that the fire lane be removed if not needed by Fire Department.
He stated that Mr. Smith should take care of that before the City Council public hearing.
Chairman Don Bowen read a phone message that Evelyn Farhood, 7921 Main Street
who called in favor of PZ 2001-20. Also a comment card was found after the P & Z
meeting from Ted Murday, 3001 Meacham Blvd., Fort Worth, TX 76137 in favor of PS
2001-25.
·
Page 4 09/13/01
P & Z Minutes
, ;I
.
.
.
Chairman Don Bowen closed the public hearing and called for comments from P& Z
members.
Tim Welch commented that this sets a positive tone for future development of this area.
Chairman Don Bowen agreed.
Chairman Don Bowen called for a motion.
Tim Welch, seconded by George Tucker, motioned to approve PZ 2001-20 subject to
the following variances with a reduction of the 25' setback to an approximate 22' front
setback. Additionally a 7' roof encroachment was approved to occur into the front yard.
Total front setback is 15'. A condition of site plan approval should be contingent to the
Thoroughfare Plan being amended to change the status of Main Street and to reduce
the right-of-way. A reduction of 15' landscape setback on Snider Street. The
allowance of uses of non-masonry material such as wood, and corrugated metal roof
overhang and that any ground or wall signs should be consistent with city ordinances
also the fire lane should be reviewed by the Fire Department and shown according to
their comments. An ADA parking place should be shown. The vote carried (7-0)
unanimously.
Page 5 09/13/01
P & Z Minutes
~
CITY OF
NORTH RICHLAND HILLS
Department: Administration
Council Meeting Date: 9/24/01
Subject: Resolution Supportina Cities Authority to Reaulate the Agenda Number: GN 2001-097
Location of Manufactured Housing - Resolution No. 2001-56
Attached is a Resolution supporting the authority of cities to regulate the location of
manufactured housing. If approved by the City Council, this resolution will be submitted to the
TML Annual Conference for inclusion in their legislative program for the 2003 legislative
session.
According to direction from the City Council, Staff reviewed the City's legislative program from
the 2001 legislative session and identified this issue as the one issue among the City's priorities
that did not get addressed during the session. The other priorities were simplified sales tax
collection, photographic traffic enforcement, population threshold for maintenance of traffic
signals on state highways, and impact fees. Legislation was passed in 2001 with regard to
simplified sales tax collection, population threshold for traffic signal maintenance, and impact
fees, and there is an Attorney General's Opinion pending with regard to photographic traffic
control. .
There will be future opportunities to submit resolutions for inclusion in the 2003 TML legislative
program as that session gets closer. Staff will be working to identify future issues that may affect
the City of North Richland Hills for inclusion in the TML program as well as in our own legislative
program.
Recommendation
Approve Resolution No. 2001-56 Supporting Cities Authority to Regulate the Location of
Manufactured Housing.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
)
Finance Review
Account Number
Sufficient Funds Available
/
Budget Director
Finance Director
·
e
e
RESOLUTION NO. 2001-56
SUPPORTING CITIES AUTHORITY TO REGULATE THE LOCATION
OF MANUFACTURED HOUSING
WHEREAS, Texas cities in the historic exercise of their police powers have
adopted zoning controls in the regulation and location of land uses; and
WHEREAS, such zoning authority has historically provided for the citizens of
Texas cities an orderly development of their communities, the preservation of their
property's values and the promotion of the health, safety and general welfare of the
community; and
WHEREAS, the Texas legislature has, but with minimum intrusion, preserved
such authority of Texas cities to determine the category and types of land uses and
restrictions best suited for the proper and orderly development of their communities; and
WHEREAS, proposed legislation considered by the 7th legislature would have
prohibited Texas cities in the regulation of land uses within their respective
municipalities from regulating the location of manufactured housing within all residential
zoning districting; and
WHEREAS, such legislative intent would have not only eroded the historic land
use authority of Texas cities but would have had the adverse and undesirable effect of
crating incompatible neighboring uses within residential zoning districts and would have
effected potential erosion and reduction of property values in many instances; and
WHEREAS, such legislative initiative may again be undertaken for consideration
by the 78th legislature of the State of Texas.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS:
No.1
That the City of North Richland Hills does strongly oppose such legislation and its
eroding effect upon the historic authority of Texas cities to regulate, for the general
health, safety and welfare of the community, the control and orderly development of
land uses on behalf of their citizens.
No.2
That a copy of this resolution be forwarded to a member of the Texas House of
Representatives and the Texas Senate representing the City of North Richland Hills and
·
.'
No.2
That a copy of this resolution be forwarded to a member of the Texas House of
Representatives and the Texas Senate representing the City of North Richland Hills and
that a copy of this resolution also be forwarded to the Texas Municipal League
requesting its support for such position.
ADOPTED this 24th day of September 2001.
APPROVED:
Charles Scoma, Mayor Scoma
ATTEST:
e Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, City Attorney
e
·
e
e
Announcements and Information
September 24, 2001
Announcements
Come see the new DVD Collection at the Library. Citizens who have library cards can
check out movies from the North Richland Hills Library. It is located at 6720 N.E. Loop
820.
Texas Department of Transportation is hosting a ribbon cutting ceremony for the
Northeast Interchange on Friday, October 12tft. The ceremony will begin at 10:00 a.m.
with Congresswoman Kay Granger speaking. The ceremony will be held on the east
side of Northeast Mall, in the parking lot along the access road in front of Nordstroms.
Information
October 6
Critter Connection
North Hills Mall
10:00 a.m. - 6:00 p.m.
October 13
Fire Department Open House
Fire Station #4
7202 Dick Fisher Drive
10:00 a.m.