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HomeMy WebLinkAboutCC 2001-11-12 Agendas ",.<., "'.'",!,,;i¡" CITY OF NORTH RICH LAND HILLS ,PRE-COUN'CIL AGENDA NOVEMBER 12, 2001 - 5:30 PM . For the Meeting conducted at the North Richland Hills City Hall - Pre-Councit Chambers 7301 Northeast Loop 820. NUMBER 1. , 2. IR 2001-169 3. IR 2001-170 4'. IR 2001-168 5. 6. ITeM Discuss Items from Regular November 12, 2001 City Council Meeting (5.Minutes) Discuss Possible Dates for a Worksession with the Planning and Zoning Commission (5 Minutes) Discuss December 24, 2001 City Council Meeting (5 Minutes) Review of Library Non-Resident Fee Waiver (5 Minutes) Executive Session (45 Minutes) - The council may enter into closed executive session to discuss the following: Deliberation Regarding Real Property. under Government Code §551.072 1) Land ACQuisition for Parks Adjournment - 6:50 pm *Closed due to subject matter as provided by the Open Meetings Law. If af'IY action is contemplated, it will be taken in open session. 11/12/01 City Council Agenda Page 1 of4 · rr.rr, I ACTION TAKEN Oat. .3~~ 6 ,.~ Time ~, ðfl i::SVit ~ø I-- &) - . .. CITY OF NORTH RICHlAND HillS CITY COUNCIL AGENDA NOVEMBER 12, 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. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation - Richland High School Student Council _ Mr. Gotuaco 3. Pledge - Richland High School Student Council _ Mr. Gotuaco 4. Special Presentations 5. Removal of Item{ s) from the Consent Agenda 11/12/01 City Council Agenda Page 20f4 - ,,""" 'J' (','}," F' , NUMBER ITEM ACTION TAKEN Consent Agenda: a. Minutes of the Pre-Council Meeting October 22,2001 b. Minutes of the City Council Meeting October 22. 2001 G'N2001-105 c. Approve the Exemption of City's Health Plan from HIPAA Requirements GN 2001-106 d. Release of Sanitary. Sewer Easement on Lot 4, Block 1, Hudiburg Addition .. Resolution No. 2001-066 PW 2001-020 e. Award of Bid to SRO General Contracting. Inc. in the amount of $298,000 for Rumfield Road, Phase III Utility Adjustments Consideration of a Request by MLS Partners 7. PS 2001-27 and Alan Hamm for the Approval of the Final Plat of Lots E1 & E2, Block 14, Richland Terrace Addition (Located in the 7700 Block of MaplewoodAvenue) Consideration of a Request by·Dayton 8. PS 2001-30 Macatee from Macatae Engineering on behalf of the Property Owner, Skeeter and Bucky, L.P. for the Approval of the Final Plat of Lot 5R, Block 6 T app Addition (Located in the 6300 block of N.E Loop 820) 9. PZ 2001-23 Public Hearing to Consider a Request by William Graves on behalf of the Property Owner Skeeter and Bucky, L.P. for a Zoning Change on 2.25 acres of land from C-2 Commercial to PD Planned Development " and Site Plan Approval for an Office Supply Store (Located in the 6300 Block of N.E. Loop 820) - Ordinance No. 2580 11/12/01 City Council Agenda Page 3 of 4 - " '<~'·'r""":~"~~:t''I-~':'';';:~;.--·;.'?}f''~~'~r-~,;.'t ¡,;;r'>' --~'-'f~5"- .. NUMBER ITEM ACTION TAKEN 10. PZ 2001-28 Public Hearing to Consider a Request by Christian Brothers Automotive on behalf of the Property Owner, William Pruitt, for a Special Use Permit (SUP) on 1.229. Acres of Land for an Automobile Repair Facility Located in a C-1 Retail District (Located in the 7800 Block of Rufe Snow Drive) - Ordinance No. 2581 Consideration of a Revised Site Plan 11. PZ 2001-31 Approval Request by Kevin Smith for an Office Building Located within 200 feet of Residential Property in the 8200 Block of Mid-Cities Boulevard Election of Tarrant Appraisal District Board of 12.GN 2001-107 Directors - Resolution No. 2001-068 13. GN 2001-108 Public Hearing to Consider an Ordinance Granting a Franchise to Lamont Digital Systems, Inc. DBA Gatehouse Networks for use of Public Rights-of-Way within the City for the Purpose of Constructing, Maintaining and Operating a Cable Television System Consideration of an Ordinance Granting a 14. GN 2001-109 Franchise to Lamont Digital Systems, Inc. dba Gatehouse Networks for Use of Public Rights-of-way within the City for the Purpose of Constructing, Maintaining and Operating a Cable Television System Canvassing of the November 6, 2001 Charter 15. GN 2001-110 Amendment Election Award of Professional Services Contract to 16. PU 2001-040 Dunkin Sims Stoffels, Inc. for the South Electric Trail Project - Resolution No. 2001-067 17. a) Citizens Presentation b) Information and Reports 18. Adjournment I\'Y~~ I 11/12/01 City Council Agenda Page 4 of4 ,~ Oat. ð-. , l> , W\ TIme ~~~.L- 8aJ ~ INFORMAL REPORT TO MAYOR AND CITY COUNCIL ~ No. IR 2001-169 Date: November 12, 2001 Subject: City Council and Planning & Zoning Commission Joint Worksession Both the City Council and the Planning & Zoning Commission have expressed a need to meet jointly to discuss planning and zoning issues and philosophy for approving plats and zoning cases. The two bodies met in February and March prior to final approval of the Comprehensive Land Use Plan, but since that time we have a new member on Council and three new members on the P&Z Commission. It may be difficult to meet prior to the first of the year because of already scheduled events including the board/commission dinner, Texas Municipal League, National League of Cities, Christmas Lighting and the holidays. The only free off Monday prior to January would be November 19. If City Council wishes to meet with the Planning & Zoning Commission in the near future staff would recommend this date. After the first of the year staff would recommend either Monday, January 7 or Monday, January 21. These are both open Mondays. The Planning & Zoning Commission is willing to meet at the discretion of City Council. Staff will be asking the Planning & Zoning Commission at their November 8 meeting for any dates other than off Mondays that they would be available to meet. J1~ John Pitstick Development Director ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MA VOR AND CITY COUNCIL No.IR 2001-170 ~ Date: ~ Subject: November 12, 2001 December 24, 2001 City Council Meeting The second Council meeting in December this year falls on Christmas Eve. At this time it appears that we will need to have a second meeting in December because of some zoning cases. Staff suggests that Council cancel the December 24 meeting and consider a special meeting on Monday, December 17. Council will be notified if something changes and it becomes possible to cancel the second meeting in December. Respectfully Submitted, Ot2át~~~ Patricia Hutson City Secretary ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 2001 ~168 i\ ~ \, i V Date: November 12, 2001 Subject: Library Non-Resident User Fees Earlier this year the Texas Legislature appropriated $2.9 million for a new program of direct financial aid to public libraries in the state. The funding is tied to an effort to encourage public libraries to eliminate non-resident user fees. The amount of funding we will receive is based on whether we charge a fee to non-residents who use our library. We have until November 30 to make any changes that would affect our eligibility for funds. If NRH eliminates its non-resident fee, we will receive approximately $12,000 in this first year of the program. (If the legislature fully funds the program in a future year, our annual grant would grow to approximately $75,000.) If NRH retains its non-resident fee the amount will be closer to $8,500. The funds can be spent for any current library operating expense. In fiscal year 2001 the Library collected approximately $6,500 in non-resident fees. We budgeted receipts of $6,000 for next fiscal year. Non-resident (paid) use of our library is currently about 5% of total use. Non-resident use has dropped substantially since the City of Fort Worth opened its long awaited Summerglen Branch Library. ' On a strictly financial basis, there is no compelling reason for NRH to drop its non-resident fees at the low initial funding level of the Lone Star Libraries program. However, the program offers real benefits for NRH residents who will have access to other libraries without fee, and for our retail community when non-residents travel to NRH to use our library and patronize local businesses. The amount of revenue foregone is negligible when measured against the economic benefits to the community as a whole. A number of cities in North Texas currently do not charge non-resident fees, including notably Carrollton, Garland, Grand Prairie, Irving, Piano, and Richardson. Other cities are planning to drop their non-resident fees, including Hurst and Euless. For these reasons, and in anticipation of higher funding levels in the future, I recommend that NRH consider eliminating its non-resident library user fee. On September 20, the Library Board voted unanimously to recommend that the City rescind its non-resident fee for use of the library by Texas residents. This change requires no Council action, as Ordinance 1658, which sets the non-resident fee, also permits the Library Director to change the fee with the approval of the Director of Finance. Unless Council directs otherwise, I propose to make this change, with the concurrence of the City Manager, the Director of Finance, and the Director of Budget and Research. In any event, such action must take place before the November 30 deadline for the Library to receive the full amount of funding for which we are eligible. Respectfully Submitted ~n'Rrary Director ISSUED BY THE CITY ~ NORTH RICHlAND HillS. TEXAS '. . Present: e ITEM CALL TO ORDER DISCUSS ITEMS FROM REGULAR OCTOBER 22, 2001 CITY COUNCIL AGENDA 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 - OCTOBER 22,2001 - 6:00 P.M. Charles Scoma Russell Mitchell Lyle E. Welch Frank Metts, Jr. JoAnn Johnson David Whitson Joe 0 . Tolbert T. Oscar Trevino, Jr. Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Rex McEntire Paulette Hartman Mike Curtis John Pitstick Jenny Kratz Larry Koonce Thomas Powell Tom Shockley Andy Jones Sean Hughes Kirk Marcum Jim Browne Bill Thornton Mayor Mayor Pro T em Councilman Councilman Councilwoman Councilman Councilman Councilman City Manager Deputy City Manager Assistant City Manager Managing Director Community Services City Secretary Assistant City Secretary City Attorney Asst. to the City Manager Public Works Director Director of Development Public Information Director Finance Director Support Services Director Police Chief Fire Chief EMS - Fire Department Interim Assistant Fire Chief Park & Recreation Director Assistant Director - Park & Recreation DISCUSSION ASSIGNMENT Mayor Scoma called the meeting to order at 6:01 .m. Agenda Item No. 16 - PZ 2001-26 - Councilman Tolbert asked staff if applicant requested a PO-Planned Development that is limited to an automobile dealership would the council be able to approve request tonight. City Attorney Rex McEntire advised council they could adopt a PO -Planned Development due to a PO being less onerous zoning than a C2- Commercial. Council discussed the zoning requirements and NAN differences with C2 and PO · IR 2001-163 HOMELAND SECURITY UPDATE Pre Council Minutes October 22,2001 Page 2 Agenda Item No. 17 - SRC 2001-02 - Councilman Trevino asked if verbiage could be included to address the wall area. Councilman Trevino would like the percentage of the wall area to be based on actual working, living or finished out area. Councilman Trevino does not want councilor staff to be in a position where they would have to have to address a false second floor. Councilman Metts present at 6:20 p.m. Mr. Cunningham advised council there would not be a problem to clarify wall area. Council discussed the item. Mr. Randy Shiflet advised council that shortly after September 11 the city manager appointed a committee to look at the steps the city can and should be taking in preparation for an incident, should one occur in North Richland Hills. The committee consists of the deputy city manager, fire chief, police chief, and emergency management coordinator. NAN Mr. Shiflet summarized the following areas and steps that are being reviewed and have been taken to prepare for an appropriate response. · NRH Emergency Management (NRHEM) Coordinating with local major employers, schools and churches · "Your Family Disaster Supplies Kit" brochures to be available and distributed through police and fire. The kits are also available for all employees and for distribution through any other departments · NRH Emergency Operations Manual (yellow book) contains a section on Terrorism Incident Response · NRH EM to obtain current and complete inventory of available personnel and equipment for call up contingency. They will · IR 2001-162 DISCUSS PROPOSAL OF STEEPLE RIDGE ADDITION - SHADY GROVE Pre Council Minutes October 22,2001 Page 3 also be obtaining current phQne numbers of all personnel · Utilize extensive resources developed in preparation for "Y2K" contingencies and problems · NE Haz-Mat Response Team based in NRH can handle hazardous situations such as the current concerns with biohazards · NRHPD staying in touch with FBI Task Force in Dallas · NRH Fire Department and Police Department meeting and coordinating with other NE Tarrant tire and police chiefs to ensure that mutual aid resources are in place should the need arise Role of the Citizens · Maintain logical household security measures · Don't panic · Maintain as normal lifestyle as possible, using safe, reasonable security measures Mr. Shiflet advised council staff would brief council on issues that could impact them and the residents of our communit . Mr. Norwood advised council that staff has received a petition from numerous residents of the Steeple Ridge Addition expressing concern about Shady Grove Road and Davis Boulevard. The Steeple Ridge residents held a meeting on September 11 to discuss different traffic options as well as to poll the subdivision residents to receive their input. The majority of the residents (90%) voted to support two options: (1) recommendation which would create a left and right turn lane onto Davis Boulevard; (2) create a north-south extender of Clay Hibbins south to North Tarrant Parkway with a traffic light. The second option was one that was reviewed by our traffic consultants durin the s rin . This NAN · IR 2001-161 STATUS ON COUNCIL GOALS ADJOURNMENT e Pre Council Minutes October 22, 2001 Page 4 option did create some improvement but it was also extremely costly and there were significant right of way issues and alignment concerns. At the August 13 Pre-Council meeting Kimley- Horn presented their alternative to improve traffic flow in the area around North Tarrant Parkway, Shady Grove, and Davis Boulevard. The consensus of the council was to proceed with the option that would widen a portion of Shady Grove Road to three lanes to allow a right and left turn onto Davis Boulevard. However council did not want to close the door on the north-south connector to North Tarrant Parkway. Council discussed the need to keep the neighborhood informed of council's plans. Council also wants to place a proposed north/south connector to North Tarrant Parkway on the thorou hfare Ian. S.Norwood Mr. Cunningham advised council that most of the action item set forth at their goals retreat in April 2000 have been completed, and others are in progress with most to be completed by the end of this ear or earl 2002. NAN Mayor Scoma announced at 6:42 p.m. that the Council would adjourn to Executive Session for: (a) Consultation with City Attorney as authorized by Government Code §551.071 to discuss Davis v. North Richland Hills (b) Deliberation Regarding Real Property as authorized by Government Code §551.072 land acquisition - Public Works and Parks Mayor Scoma announced at 6:57 p.m. that Council would adjourn to the regular City Council meetin . · Pre Council Minutes October 22,2001 Page 5 Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary e e · t e e e 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 - OCTOBER 22, 2001 ·7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order October 22,2001 at 7:07 p.m. ROLL CALL Present: Charles Scoma Russell Mitchell Lyle E. Welch Frank Metts, Jr. JoAnn Johnson David Whitson Joe D. Tolbert T. Oscar Trevino, Jr. Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilman Councilman Staff: Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Rex McEntire City Manager Deputy City Manager Assistant City Manager Managing Director of Community Services City Secretary Assistant City Secretary Attorney 2. INVOCATION Pastor Jim McDoniel of Pipeline Church of Christ gave the invocation. 3. PLEDGE OF ALLEGIANCE Pastor Jim McDoniel of Pipeline Church of Christ led the pledge. 4. SPECIAL PRESENTATIONS RECOGNITION· "COMMUNITY BUILDERS AWARD" . · e e City Council Minutes October 22,2001 Page 2 Mr. Jim Allen and Mr. Bill Campbell, Masonic Lodge recognized Councilwoman Johnson for her distinguished service and contributions to the community of Smithfield. PROCLAMATION - "MAKE A DIFFERENCE DAY" Mayor Scoma presented a proclamation to Mr. Frank Laminac, Operations Executive for Open Arms. YARD OF THE MONTH Ms. Patsy Tucker of the Beautification Commission recpgnized the following yard of the month recipients: Ann and R.A. Meek, 6204 Camelot Court; Richard & Maudie Rutledge, 4921 Holiday Lane; Glen & Juanita Miller, 6632 Quail Ridge; Bill & Roberta Reeves, 5712 Guadalajara; Grover & Dorothy Ratliff, 4821 Weyland Drive; Doylene Beene, 7432 Dana; Ann & Andrew Curtis, 9100 Edgemont Drive; C~arlie & Leslie Kilgore, 6708 Northpark; and Jeff & Pat Roberts, 8609 Amhurst Court RECOGNITION OF JOSHUA DANIEL KNIGHT Mayor Pro Tem Mitchell recognized Joshua Daniel Knight of Boy Scout Troop 144 for his attainment of the Eagle Award. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE CITY COUNCIL WORK SESSION, SEPTEMBER 17,2001 B. MINUTES OF THE PRE-COUNCIL MEETING OCTOBER 08, 2001 C. MINUTES OF THE COUNCIL MEETING OCTOBER 08, 2001 D. GN 2001-103 - APPROVE ALTERNATIVE FUELS GRANT FOR $24,000- RESOLUTION NO. 2001-063 e e City Council Minutes October 22,2001 Page 3 E. PAY 2001-005 - AUTHORIZE PAYMENT TO MOTOROLA FOR RADIO MAINTENANCE AGREEMENT - RESOLUTION NO. 2001-061 F. PAY 2001-006· AUTHORIZE PAYMENT TO MOTOROLA FOR ANNUAL MOBILE DATA TERMINAL SERVICE AGREEMENT - RESOLUTION NO. 2001-062 Mayor Pro Tem Mitchell moved, seconded by Councilman Welch to approve the consent agenda. Motion to approve carried 7-0. 7. PS 2000-53 - CONSIDER THE REQUEST FROM HUGH PEISER REPRESENTING PEISER SURVEYING COMPANY INC. FOR THE APPROVAL OF A FINAL PLAT OF LOTS 3R1 R, 3R2R, AND 3R3R2, BLOCK 2, WALKER BRANCH ADDITION (LOCATED IN THE 8700 BLOCK OF GRAPEVINE HIGHWAY) TABLED AND SUBSEQUENTLY DENIED LATER IN MEETING Councilman Metts moved to table item until the November 12 City Council meeting. Councilwoman Johnson seconded the motion. Motion to table carried 7-0. Item reconsidered and discussed later in the meeting. 8. PZ 2001-29 - PUBLIC HEARING TO CONSIDER A REQUEST BY CITY STAFF FOR A REVISION TO THE THOROUGHFARE PLAN REMOVING THE COLLECTOR STREET STATUS OF THE 7900-8000 BLOCKS OF MAIN STREET (BETWEEN SMITHFIELD ROAD AND DAVIS BOULEVARD) . ORDINANCE NO. 2572 APPROVED Mr. John Pitstick summarized item for council. 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. Councilman Tolbert moved, seconded by Councilman Trevino to approve PZ 2001-29, Ordinance No. 2572. e Motion to approve carried 7-0. e e e City Council Minutes October 22,2001 Page 4 9. PS 2001-08 - CONSIDER THE REQUEST BY M&J CONSTRUCTION FOR THE APPROVAL OF A FINAL PLAT OF LOT 2R, BLOCK F SMITHFIELD ADDITION (LOCATED IN THE 8000 BLOCK OF MAIN STREET) APPROVED Mr. C.A. Sanford summarized request for council. Mr. Pitstick advised council the purpose of the plat is to combine existing lots 2 through 4 into one lot for the purpose of constructing a single story office building. The Planning and Zoning Commission met on October 11, 2001 and recommended approval. Councilman Metts moved, seconded by Mayor Pro Tem Mitchell to approve PS 2001- 08. Motion to approve carried 7-0. 10. PS 2001-20 - CONSIDER THE REQUEST BY DARCY BOATMAN FOR THE APPROVAL OF A FINAL PLAT OF LOT 1, BLOCK 1, BOATMAN ADDITION (LOCATED IN THE 7000 BLOCK OF SMITHFIELD ROAD) APPROVED Mr. Ernest Hedgcoth, representing applicant, was available to answer questions from council. Mr. John Pitstick, Director of Development, addressed the request as it relates to city codes and ordinances and summarized recommendations of staff and the Planning and Zoning Commission. Councilwoman Johnson moved, seconded by Councilman Tolbert to approve PS 2001- 20. Motion to approve carried 7-0. 11. PS 2001-31 - CONSIDERATION OF REQUEST BY ROGER AND PEGGY MARTIN FOR THE APPROVAL OF AN FINAL PLAT OF LOTS 8R AND 9, HOLDER SMITHFIELD ESTATES (LOCATED AT 8629 AND 8633 TIMBER DRIVE) APPROVED Mr. Roger Martin summarized item for council. Mr. Martin advised council the purpose for the plat is to reconfigure the common property line between existing lots 8 and 9. · City Council Minutes October 22,2001 Page 5 Mr. John Pitstick, Director of Development, addressed the request as it relates to city codes and ordinances and summarized recommendations of staff and the Planning and Zoning Commission. Councilman Trevino moved, seconded by Councilman Whitson to approve PS 2001-31. Motion to approve carried 7-0. 12. PZ 2000-49 - PUBLIC HEARING TO CONSIDER A REQUEST BY KEVIN SMITH FOR A ZONING CHANGE ON .44 ACRES OF LAND FROM AG AGRICULTURAL TO 0-1 OFFICE FOR AN OFFICE DEVELOPMENT (LOCATED IN THE 8200 BLOCK OF MID-CITIES BOULEVARD) - ORDINANCE NO. 2573 APPROVED Mr. Sam Noel, representing applicant, summarized request for council. Councilman Tolbert asked Mr. Noel if applicant would be willing to have the building e facing Mid Cities Boulevard. Mr. Noel advised council that the building could not face Mid Cities due to parking restrictions and landscape buffers and setbacks. Councilmen Trevino requested that applicant reexamine plans to see if the building can face Mid Cities Boulevard. Council discussed request of applicant for zoning change and the site plan. Council discussed their concern with the building not facing Mid Cities Boulevard. Mr. John Pitstick, Director of Development, addressed the request as it relates to city codes and ordinances. Mr. Pitstick advised council that the Planning and Zoning Commission recommended approval at their September 24 meeting. Mayor Scoma opened the public hearing and asked for anyone wishing to speak in favor of the request to come forward. There being no one wishing to speak, Mayor Scoma asked for anyone wishing to speak in opposition to the zoning request to come forward. Mayor Scoma advised the public if their opposition was to the site plan they would have an opportunity to speak during the next item. e There being no one wishing to speak, Mayor Scoma closed the public hearing. · e e City Council Minutes October 22,2001 Page 6 Mayor Pro Tem Mitchell moved, seconded by Counc.ilman Trevino to approve PZ 2000- 49, Ordinance No. 2573. Motion to approve carried 7-0. 13. PZ 2001-24 - CONSIDERATION OF A SITE PLAN APPROVAL REQUEST BY KEVIN SMITH FOR AN OFFICE BUILDING (LOCATED IN THE 8200 BLOCK OF MID-CITIES BOULEVARD) DENIED Mr. Noel, representing applicant, was available to answer questions from council. Mr. John Pitstick, Director of Development, addressed the request as it relates to city codes and ordinances and summarized recommendations of staff and the Planning and Zoning Commission. Mr. Pitstick advised council that applicant has cO!1lplied with Planning and Zoning's stipulations. Councilman Welch inquired if council gave applicant a variance to the landscaping ordinance would the applicant consider pushing building to the west. Councilwoman Johnson asked staff if there would be a cost involved for applicant to submit a revised plan. If so, she would like to see fees associated with request waived. Mayor Scoma recognized the following citizens who wished to speak in opposition to the previous zoning request. Marie Conrad of 8213 Pearl and Jennifer Ryan of 8217 Pearl were in opposition of applicant's request. Their concerns being that the building would not be facing north and the location of the dumpster. Councilman Tolbert moved to deny PZ 2001-24 because of its impact on adjacent properties. Councilman Trevino seconded the motion. Councilwoman Johnson asked Councilman Tolbert to amend his motion to include the waiving of fees to the applicant, should applicant submit a revised request. Councilman Tolbert accepted amendment and Councilman Trevino seconded amendment. Motion to deny carried 6-1 with Councilmen Welch, Metts, Whitson, Tolbert, Trevino and Councilwoman Johnson voting for approval and Mayor Pro Tem Mitchell voting against. · City Council Minutes October 22,2001 Page 7 14. , PZ 2000-50 - PUBLIC HEARING TO CONSIDER A REQUEST BY JEFF TAYLOR, REPRESENTING ARTHUR AND WALLENDORF CONSULTANTS FOR A ZONING CHANGE ON 1.02 ACRES OF LAND FROM C-2 COMMERCIAL TO PD PLANNED DEVELOPMENT FOR A SELF-SERVE CAR WASH FACILITY (LOCATED IN THE 6800 BLOCK OF GLENVIEW DRIVE) - ORDINANCE NO. 2574 DENIED . No applicant was available to address request. Councilwoman Johnson moved to deny PZ 2000-50, Ordinance No. 2574. Councilman Welch seconded the motion. 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. Mayor Scoma had Councilwoman, Johnson restate her motion. e Councilwoman Johnson moved to deny PZ 2000-50, Ordinance No. 2574. Councilman Welch seconded the motion. Motion to deny carried 7-0. 15. PZ 2001-25 - PUBLIC HEARING TO CONSIDER A REQUEST FROM MIKE FISHER FOR A SPECIAL USE PERMIT (SUP) IN A C-2 COMMERCIAL DISTRICT ON .57 ACRES FOR AN AUTOMOBILE RENTAL FACILITY (LOCATED AT 7904 BEDFORD EULESS ROAD) - ORDINANCE NO. 2575 DENIED The applicant Mr. Mike Fisher summarized request for council. Mr. John Pitstick, Director of Development, addressed the request as it relates to city codes and ordinances and summarized recommendations of staff and the Planning and Zoning Commission. Council discussed the item and voiced concern that a rental car company is not the best use for the property. 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. e · e e City Council Minutes October 22,2001 Page 8 Councilman Metts moved, seconded by Councilman Tolbert to deny PZ 2001-25, Ordinance No. 2575. I Motion to deny carried 7-0. 16. PZ 2001-26 - PUBLIC HEARING TO CONSIDER A REQUEST BY RON HUGGINS FOR A ZONING CHANGE ON 2.47 ACRES OF LAND FROM R-2 RESIDENTIAL, LR LOCAL RETAIL, AND PD PLANNED DEVELOPMENT TO C-2 COMMERCIAL (LOCATED IN THE 4700 BLOCKS OF SUSAN LEE DRIVE AND NANCY LANE) - ORDINANCE NO. 2576 APPROVED Mr. Ron Huggins was available to answer questions from council. Mr. Pitstick advised council Mr. Huggins proposes to expand Huggins Honda auto dealership. The proposed expansion/rezoning includes 4704, 4705, 4708, 4709, 4712 Susan Lee Drive and 4701, 4705, 4709, 4717, and 4721 Nancy Lane. The applicant intends to meet all city standards with regard to landscaping, buffering, and screening. The applicant is proposing a termination of Susan Lee Drive before its intersection with Loop 820 service road. The Planning and Zoning Commission recommended approval at their October 11 meeting. Council discussed the C2-Commercial zoning as opposed to PO-Planned Development. Council asked Mr. Huggins if he would be opposed to PD. Mr. Huggins advised council he would rather have C2 because he would have more flexibility. Mayor Scoma opened the public hearing and asked for anyone wishing to speak in favor of the request to come forward. Mr. Ernest Hedgcoth spoke in favor of request. There being no one else wishing to speak, Mayor Scoma asked for anyone wishing to speak in opposition to come forward. The following spoke in opposition: Johnnie Latham, 4824 Susan Lee Lane and Sonny Graham, 4805 Nancy Lane. There being no one else wishing to speak, Mayor Scoma closed the public hearing. · e e City Council Minutes October 22,2001 Page 9 Councilman Tolbert moved to approve PZ 2001-26, prdinance No. 2576 with the stipulation the zoning be changed to PO-Planned Development with an automobile dealership special use permit. Motion failed due to lack of second. Councilman Welch moved to approve PZ 2001-26, Ordinance No. 2576 as recommended by staff and the Planning and Zoning Commission. Councilwoman Johnson seconded the motion. Motion to approve carried 7-0. 17. SRC 2001-02 - PUBLIC HEARING TO CONSIDER REVISIONS TO THE SIGN REGULATIONS ORDINANCE NO. 2374 WHICH INCLUDES AMENDMENTS TO SECTION 8D SIGN MAINTENANCE, TO CLARIFY PROVISIONS FOR SIGN MAINTENANCE AND THE REMOVAL OF OBSOLETE SIGNS; AMENDMENTS TO SECTION 13 B, 1, B, TO CLARIFY THE MAXIMUM WALL AREA AND LOCATION OF WALL SIGNS - ORDINANCE NO. 2578 APPROVED Mr. Pitstick summarized request for council. 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. Councilman Trevino moved to approve SRC 2001-02, Ordinance No. 2578 with the stipulation that 13 S, 1 b read "Multiple Wall Signs shall be allowed per wall surface, but the maximum area of all Wall Signs on each wall surface shall not exceed 10% of the total wall area of the building that is habitable. For purposes of these regulations, the term "wall area" shall mean the wall surface of a single tenant structure or the storefront of a multi-occupancy structure, which is habitable. Wall Signs may be placed on the vertical edge of freestanding canopies, however, the canopies may not be counted toward the sign area allowed. Councilman Tolbert seconded the motion. Motion to approve carried 6-1 with Councilmen Welch, Metts, Whitson, Tolbert, Trevino and Councilwoman Johnson voting for and Mayor Pro Tem Mitchell voting against. 18. GN 2001-104 - SUPPORTING PROPOSITION 15 ON NOVEMBER 6 BALLOT- RESOLUTION NO. 2001-064 APPROVED · City Council Minutes October 22,2001 Page 10 Mr. Steve Norwood summarized request. Councilwoman Johnson moved, seconded by Councilman Metts to approve GN 2001-104, Resolution No. 2001-064. Motion to approve carried 7-0. 19. GN 2001-105 - APPOINTMENTS TO WATER ADVISORY COMMITTEE & WASTEWATER ADVISORY COMMITTEE APPROVED Mayor Scoma opened the floor for nominations. Councilman Trevino moved to nominate Mayor Pro Tem Mitchell as the voting member and to appoint Mike Curtis, Public Works Director, as alternate member to the Water Committee and the Wholesale Customer Advisory Committee. Councilman Metts seconded the motion. e Motion to approve carried 7-0. 20. PU 2001-039 - AWARD OF PROFESSIONAL SERVICES CONTRACT TO BRINKLEY SARGENT ARCHITECTS FOR NRH20 FAMILY WATER PARK IMPROVEMENTS - RESOLUTION NO. 2001-065 APPROVED Mr. Jim Browne, Park and Recreation Director, summarized request for council. Councilwoman Johnson moved, seconded by Mayor Pro Tem Mitchell to approve PU 2001-039, Resolution No. 2001-065. Motion to approve carried 7-0. Council reconsidered Item No.7 - PS 2000-53 Councilman Trevino moved to reconsider item number 7 (PS 2000-53). Councilwoman Johnson seconded the motion. e Motion to reconsider carried 7-0. · City Council Minutes October 22,2001 Page 11 Councilman Trevino moved to deny PS 2000-53. Councilman Tolbert seconded the motion. ' Councilman Metts asked Councilman Trevino to amend his motion to include the stipulation that additional fees to applicant be waived should applicant decide to resubmit request. Councilman Trevino accepted the amendment and Councilman Tolbert seconded the amendment. Motion to deny carried 7-0. 21. A. CITIZENS PRESENTATION B. INFORMATION AND REPORTS e Early voting being conducted at City Hall - October 22 - November 2 National Animal Shelter Appreciation Week - November 4 - 10 Fall Community Clean up - November 3 at Fire Station #4,7202 Dick Fisher Drive. This will be for residents who live north of Loop 820. Fall Community Clean Up - November 10 at Richland Business Centre, Grapevine Hwy and Hwy 10. This will be for residents who live south of Loop 820. October 27 - Make a Difference Day October 31 - Boo Bash at North Hills Mall November 3 - Critter Connection will be open at North Hills Mall 16. ADJOURNMENT Mayor Scoma adjourned the meeting at 10:35 p.m. e · e e City Council Minutes October 22,2001 Page 12 Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS Department: Human Resources Council Meeting Date: 11/12/01 Subject: Approve Exemption of City's Health Plan from HIPAA Requirements Agenda Number: G N 2001-105 The federal government enacted the Health Insurance Portability and Accountability Act (HIPAA) in 1996 designed to provide health-care continuity for employees who change jobs. HIPAA mandates certain coverage and procedural requirements for health insurance plans. As a public sector employer with a fully-insured health plan, the City is eligible for an exemption to HIPAA requirements. HIPAA includes coverage requirements that relate to the following six areas: 1. Prohibition against discrimination based on an individual's health status 2. Standards relating to benefits for newborns and mothers 3. Parity in the application of certain limits to mental health benefits 4. Required coverage for reconstructive surgery following mastectomies 5. Special enrollment .periods 6. Limitations on preexisting conditions exclusion period The City currently complies with the coverage requirements for items 1-5, partially complies with item 6, but does not comply with any of the notice or administrative provisions HIPAA also addresses. The City has utilized the exemption option for plan years since HIPAA has been existence and can continue to utilize the exemption or allow the health plan to become subject to HIPAA requirements. Approvin9 the exemption does not preclude the City from incorporating HIPAA standards in its health plan design. Electing to exempt the plan from HIPAA requirements enables the City to maintain flexibility in managing its self-funded health plan and avoid increased administrative costs. The administrative and record keeping requirements would financially impact the City if an exemption were not approved. The exemption must be approved annually and reported to the Health Care Financing Administration. Recommendation To approve the HIPAA exemption for the City's health plan for the plan year January 1, 2002 to December 31,2002. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds Availa e Budget Director ~-~~ Dé¡)artment Head Signature Page 1 of 1 CITY OF NORTH RICHLAND HILLS . Department: Public Works Council Meeting Date: 11/12/2001 Subject: Release of Sanitary Sewer Easement on Agenda Number: GN 2001-106 Lot 4, Block 1, Hudiburg Addition - Resolution No. 2001-066 The City has a 10-foot sanitary sewer easement across a portion of Lot 4, Block 1, Hudiburg Addition. The owners of this property (Hudiburg Chevrolet) are requesting the City to release this easement. This sanitary sewer line serves only this property, and the property owners have agreed to be responsible for the maintenance and upkeep of the line up to it's juncture with the City's line located in TxDOT right-of-way. The City agreed to release the 10-foot sanitary sewer line when a formal request was received from the property owners after the utility adjustments were completed for the first phase of the Interchange Project. City staff has now received the request, and has no objection to the release of this easement. Recommendation: To approve Resolution No. 2001-066, authorizing the Mayor to execute the Release of Sanitary Sewer Easement in favor of the owners of Lot 4, Block 1, Hudiburg Addition. Finance Review Source of Funds: Bonds (GO/Rev.) _ ~ Operating Budget ~ Other ~Crt· Department ead Signature Account Number Sufficient Funds ÄvallaDle Finance Director . . . STATE OF TEXAS RELEASE OF EASEMENT COUNTY OF TARRANT WHEREAS, a lO-foot sanitary sewer easement exists across a portion of Lot 4, Block 1, Hudiburg Addition, as shown on a plat recorded in Volume 388-117, page 64, of the Tarrant County Plat Records, in the W. W. Wallace Survey, Abstract No. 1606; and WHEREAS, the City of North Richland Hills is the owner of said easement which is described in Volume 2884, page 225 of the Deed Records of Tarrant County, Texas; and WHEREAS, the easement is no longer being used by said City and the City Council has authorized, by Resolution No. 2001-066, the undersigned to release said easement in favor of the Hudiburg Family Trust. NOW, THEREFORE, KNOW ALL ME BY THESE PRESENTS that the sanitary sewer easement described in Volume 2884, page 225, Tarrant County Deed Records, Texas, is hereby released in favor of the landowner, Hudibug Family Trust, its successors and assigns forever. SIGNED this the 12th day of November, 2001. CITY OF NORTH RICHLAND HILLS By: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the day of ,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 . RESOLUTION NO. 2001-066 WHEREAS, a 10 foot Sanitary Sewer exists on Lot 4, Block 1, Hudiburg Addition to the City of North Richland Hills, Tarrant County, Texas which easement burdens the northeast corner of the said Lot 4 and the southeast corner of Lot 2R, said Hudiburg Addition; and WHEREAS, none of said easement is being used and the City has no need for the 10 feet of said easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas that: 1. . That portion of the above described easement over said Lot 4 which is the 10 feet immediately abutting and adjacent to the boundary line between Block 1 and 2 is retained in favor of the City and the public. The dedication of the balance of the said easement, being the interior 10 feet of said easement, be and is hereby vacated in favor of the owners of said Lot 4, Block 1, Hudiburg Addition to the City of North Richland Hills, Tarrant County, Texas. PASSED BY THE CITY COUNCIL this Ith day of November, 2001. APPROVED: Charles Scoma, Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: . /l t''tI ~ 3't · .... !~.! ~~ !..œã:t:5 ~:~:i~. I ._.Q..o", ·f t; .... .-4 == 'B:I-~:!J: < gt~!I] ; <II .: I:i ;1 ~ J i ~ ~ ~ 11 ':'~: 1it&.~g~ji-cJ "IDO .&'''pOt c: i O~/~~19I oJ ) s,^voi ~.~~ 9 ~ ~ ð! ::. ~- ~ 6Ç·Z6Ç~8·Z.£ S (;:-<~~. -;:......r-.. --:,,/'.- . IG8' ~' (&uPD"'8' .1D8Il:· ·S;~.ll ", ~'D~'ë> c\, ··.....3.6L$·1I8' ,..~ '."0< ·S;'S°f"< . ..~Iu ·pUJ·H'I.8/Ç ~. do- '.. PII.:l',,:O.r8S·.~ '.9è'.~-f_ o . ~ .;..... ~ 0.. Iff .lOa 8 è'f' '7oS- -J 0 ',' . ~. ... '.l S ~: :"~.~"""P".....~~.... '~ . <II _' oSÞ --.. '4 . <II ~.....~ ~ ~ ØI <II ......... -=--......-. ~.. . ~ . ~~ ~ ~ "'+..-.....~ C? ~~. ~ ~..... o ~ 4 .......... ~ ~ ~ Y""...... c> · ,~... o L,- ðI . .....ðI~ ,)~ , ":t G'~ , "'0 ðI ~ ...... '0 0 . ~ °ðl . 4 >-..~ " ... .".~.~~ 0. -..  o~ ,.. ,;-s. ~~4e. <1.<'>0 oS' .... O·~ ~ 0...., 0d. ~~,:.~ ~ ~~-:.~ ? ~~~"".., ~ .... : t/) ?, '1&.1 '(..C·· . 0: ~ ..... ø :;) = '" ~ ~ ~ o ~U·ã. ~_ t/) :;) ... -0:>- .....~ :--s- ~ ':8- I .- W Q' -; ..... ~ ....... :.:::.., ~ ;, ...: : ~ o. '" 10 0 ~:;: ( ] :'..; c§- 6 ~; ...................... ·..·7·~ .; 2 ,6£'92 ;,.::-\.......................................... i! M,O..£ N ···...~¡fl ~ ~ ;:; ~ (J 01..1 / /Î(J f. ~ ~ ~ .....~. ..J J f/ ¿ d ;:; r v IT ": ~./;'f:l: ..J..L (J ¡fl fT 7/-I.J/"':¡-:"':; ¡ , .'011 ¿.~ t; _ _ _ _ _ _ J - I - __!.!' 'S; ~. , co ~ M,Ot> .£N ~9, ~ ~: ~- . 'I , . c ',,,, .) . .,;;: ..( J è'.~l : fI) - -------------- """ .....:¡; -.... -.. ...., ~ \ . . ..: .0::."'. ..... . u oS o -ell) Z ell)co MCO ~N ~, Mr- M.r ... - o r-co O:!Cõ"" 1110 111>- ~: : III:; = ¡::IIICXlI- a: cø " :> cø.c o en-:: )II 0 ~~ - ó:; 0:"- ~ co N en 1ft o I co o I o g III W ~ U "0 · å a .2 ~:Ë t K. i iI >. a E! e .. ...~ )~ .. "0 Q,a e ! Vu ....\ "," qq..... ..,q''''';' ....>.... '~"~ ~: ",r. Ó : "!. c \ ~ ~ . , ...;. ~ .. ~ .. . o .... ~ .... : ~ q, êø : ~ :'4' 1.'- :~ co '" . \ " - ·....·8 : '....,. AI I.. ~ .... . S;O.... .... : , . .6/ S . .~ '~ ~ ~ Q '" . Q) CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 11/12/2001 Subject: Award of Bid to SRO General ContractinQ, Inc. in the amount of $298,000 for Rumfield Road, Phase III Utility Adjustments Agenda Number: PW 2001-20 The City and County will be reconstructing Rumfield Road, Phase III from Eden Road to Davis Boulevard. This project will construct approximately 2,550 feet of an existing 2-lane asphalt roadway with ditches to a 40-foot wide roadway with concrete curb and gutter. The first part of this project is to construct the necessary storm drainage improvements and to make the required utility adjustments. Bids were received for the storm drainage improvements and utility adjustments on October 25,2001. A total of 14 contractors submitted bids. The three (3) low bidders are shown below. Bidder Amount Bid Time (Calendar Days) SRO Construction Co. Conatser Construction Co. Bil-Mik Construction Co. $298,000.00 $298,395.90 $305,932.30 120 calendar da s 100 calendar da s 90 calendar da s The utility adjustments will be awarded with this cover sheet. Coordination with Tarrant County on the paving operations will be approved by an interlocal agreement that will be presented to Council for approval in the near future. The curb, gutter and sidewalk construction (all concrete work) will be up for bid and awarded to a contractor just prior to the completion of the paving by the County. Sufficient funds are available for this project. Recommendation: Staff recommends Council award the bid to SRO General Contracting, Inc., in the amount of $298,000.00 for the period of 120 calendar days. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 20-02-07-6000/02-64-22-6000 Sufficient Funds Ävallable oN ! :t~ ~.. -G- ~ Départmènt ead ignature Finance Director Page 1 of _ . . . . KNOWLTON-ENGLlSH-FLOWERS, INC. CONSULTING ENGINEERS I Fort Worth-Dallas October 26, 2001 NOV 2 2001 Mr. Mike Curtis, Director Public Works Department City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 NRH Public Works Re: 3-387, CITY OF NORTH RICHLAND HILLS, RUMFIELD ROAD, PHASE 3, INCREMENT "A", UTILITY ADJUSTMENTS BID TABULATION & RECOMMENDATION On Thursday, October 25,2001, we received and publicly opened 14 proposals for the construction of Utility Adjustments in Rumfield Road, Phase 3. Ms. Sharon Murphy and Mr. Mike Walker, both representing the North Richland Hills' Public Works Department, were present at the bid opening. For your reference, we enclose a detailed tabulation of the proposals received - the tabulation includes all of the bid items and unit costs proposed by each bidder. The two lowest responsive bids are summarized below: CONTRACTOR AMOUNT TIME SRO General Contracting, Inc. P.O. Box 136577 Fort Worth, Texas 76136 $298,000.00 120 calendar days Conatser Construction, Inc. P.O. Box 15804 Fort Worth, Texas 76119 $298,395.90 100 calendar days Weare familiar with the qualifications of both Contractors. Based on our experience with their perfonnance on previous construction projects that we have administered, we can recommend that the Council award a construction Contract to either Contractor. SRO General Contracting, Inc. has proposed the lower cost and Conatser Construction, Inc. has proposed the lesser time. 1901 CENTRAL DR., SUITE 550· BEDFORD, TEXAS 76021-5826· 817/283-6211 · METRO 817/267-3367· FAX 817/354-4389 . . . October 26, 2001 City of North Richland Hills, Rumfield Road, Phase 3, Utility Adjustments Bid Tabulation and Award Recommendation Page 2 K-E-F No. 3-387 A We will be available at the November 12,2001, Council meeting to answer questions relative to the project. Please call if you require additional infonnation or assistance in this matter. ß ¡) ~"-/-t;l¿ DONALD H. CANTON, P.E. DHClbid tabulation & recommendation Enclosure - Bid Tabulation CITY OF NORTH RICHLAND HILLS . Department: Planning & Inspections Department Council Meeting Date: 11/12/01 Subject: Consider the request by MLS partners and Alan Hamm for Agenda Number: PS 2001-27 the approval a Final Plat of Lots E1 & E2, Block 14, Richland Terrace Addition located in the 7700 block of Maplewood Avenue. CASE SUMMARY: Property owners MLS partners and Alan Hamm have submitted a Final Plat of Lots E1 & E2 Block 14, Richland Terrace Addition for approval. The purpose of this replat is to divide an existing structure into two lots for ownership purposes. Existing uses on these two lots include auto paint supply and a transmission repair shop. The Development Review Committee has reviewed the plat for compliance with the Subdivision Rules and Regulations. The plat complies with the Zoning Ordinance but not with the Subdivision Ordinance. The Ordinance requires that each platted lot be tied to a public sewer line. The new lot has not been adequately tied in. One attached letter states that Ace Transmission will make the sewer tie within 24 months. However, Ace is only leasing the property. Another letter from Terry Sandlin states that in the event that the lots are sold separately, he will modify the existing sewer line. . Attached is a memo from the Public Works Department concerning this plat. Terry Sandlin the property owner has agreed to sign a covenant that requires him to modify the sanitary sewer line in the event that the property is sold separately. Comprehensive Plan: The Comprehensive Plan Update indicates commercial uses for the site. The proposed plat is in conformance with this depiction. The current zoning of the site is C-2 Commercial. RECOMMENDATION: The Planning and Zoning Commission at their meeting on October 25, 2001, recommend approval of PS 2001-27 by a vote of 7 to 0 with the fol/owing stipulation: 1) The applicant will complete al/ sewer modifications required by the Public Works Department within 24 months. Staff recommenqs approval of this plat with the stipulation that a covenant be signed by the owner requiring sanitary sewer modifications if the land is sold separately. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget · :JcQ~~ Account Number Sufficient Funds AvaIlable Finance Director Department Head Signature ~}l::~ PS 2001-27 Richland Terrace Addition CC sum gl \jU~ H I ~ 00 V 151 (t-\Uf'C ::í) 1 .1 ^p í I S 00 ~j r~õi!-!-,' ¡~ II 8 r A \.---~~ 1 3.114q a ~~ ¡ I TR 13Ñ- n.......nn.n.nnnn, I i I TR 13L R I _=-13~ i ,': FR I .::n: .J .__ 7 I n n.nnnnnn 7 15A ;.....: :\'.¡ )'}'$~S~ lØ q 11 8 12 7 3 6 13 GR HR ( /- ; < ( \ ':'.:, I \ ;:.:.\ ::::.1 ':,:,:¡ 0 ! :,:::: i \: \II\I\I\\III¡~III\IIIIIIIII\II:" T R 1 3 P5 i ! --, J 1 1. c 5 4 15 I \ 4 I t , 3 \ 3 16 2 \ 2 l ì 17 ì 1 18 \ . -_J :~ ------, 5R 6R I \ 5R 4R 7R 1 3R 1 J 2R qR I i 8 J 1 ,1 1.. L_!, A n"nn_ ~':S:::~~i ,~'\ :~I ~~, 18A 18 ... ,..':" ...... .,.....~ lac 6 i ¡ I rl- 188 I 1 q Ln....n____ _______ 7 8 ~/¿:~~~: K -.:.~~ -~- _IT'" -~- ......... "1 N I a: , I (]" ~ 1 ØR 1 /'"'1 <. /' .~, r.._~\:~ . 1 13 2 B ,¡ - ---- ---- ! -----¡ \ j i I 2R 3 4 1 2 3 ~I : I 5 l 4 2 5 ?~~,:~~~ f un...nn, :~ri I II ,~- ';', 1 ::::i: ¡ 12 ,...: i 13 ~! ;~: 14 15 16 PS 2001-27 Richland Terrace Addition Block 14, Lots E1 & E2 f""-- " "".:;-::;;-'.;--' - r~:;~~L[~rn' !' ,--- " nnN 1\ - Ai)LJ 1\ ' ¡O¡:' ~¡\ cN-f¡ ur\t- ~ I \J' t-:-' " ---, ~: .J .....-::: \, . 1W¡ ~~ r' \~'~ . : crt (:\Å~'ó ~j ì -:\ \----~~..-- :~\ I~\ : a: .,.... ~r ,<: I I . ¡ ,\ I ," 1 \ I \ I :/~~~~~: ¡ ___..no...__ _ , A2 ! ~ 2R ¡ ~:' 1 R 1 ØR I 1 R ..~, ¡í\ r--- .-Ç¡ ~:;p I M- I, Lnn. ~ ,/...;""::. . 3Þ.:.::.\:;ç~'~\". . 2R ..... : ï ~ .._-~ I 3R Iq \ A i I ..I ,,' l ". AI 9.827 Q ....--. ..-.... 2 3 4 12 11 q 1 ,."., . /. ('/~ .~ '~ lR . . . 6. PS 2001-27 CONSIDERA TION OF A REQUEST BY MLS PARTNERS AND ALAN HAMM FOR THE APPROVAL OF THE FINAL PLAT OF LOTS E1 & E2, BLOCK 14 RICHLAND TERRACE ADDITION LOCATED IN THE 7700 BLOCK OF MAPLEWOOD A VENUE. APPROVED David Yeubanks, business owner located at 7729 Maplewood came forward to request approval of the replat and stated the sewer line would be installed. Tim Welch, seconded by George Tucker, motioned to approve PS 2001-27 giving the 24 months to complete the requested work to the sewer line. Motion carried unanimously (7-0). '.. Page 3 10/25/01 P & Z Minutes . . . Public Works Department Administration Memo To: Dave Green, Planner From: Mike Walker, P.E., Assistant Public Works Director Date: 10/19/01 Re: Richland Terrace, Block 14, Lots E1 and E2, PS 2001-27 Public Works has reviewed the referenced project and has the following comments. 1. Lot E is being replatted as two lots. Water meter box on the west side of Lot E1 contains three (3) meters. Location of water and sewer service lines have not been identified for either of the two proposed lots (E1 and E2). 2. Property owner is requesting a variance for the required separate water and sewer services to serve lot E2. iIt1l{¡;c¿~ Miké Walker, P.E., Assistant Public Works Director Cc: Mike Curtis, P.E., Public Works Director Jon Lovell, Associate Engineer . Page 1 Oét. 15 01 05:05p . . . - / P·2 Teny Sandlin & Associates October J 5, 200 I Planning & Zoning Commission North Richland Hills, TX Re: Richland Terrace Addition Block 14 / Lots E-I & E-2 Subject: Sewer Une Modifications (Addendum A) Dear Sirs : The MLS Partners understand, and do agree that in an event that the lots are sold separately, we wiJJ have to modify the existing sewer line now coming from Lot E-2 to meet the City Code. Modifi<;~tions would include removing the 4" existing Y- line, and running the 4" line into the city's 6" line on Commercial Drive. Thank You, Teny SandI" ,p~ p.3 ~ Ace Transmission & Gear Inc. October 15, 2001 Teny Sandlin & MLS Partners North Richland Hills, TX Re: Richland Terrace Addition Block J 4/ Lots E-l & E-2 . Subject: Pertaining to Sewer Modifications (Addendum A) Dear Sirs : Ace Transmission & Gear understands and agrees that within 24 months of the date of this Jetter, that we wiD modify the existing sewer line that now exists from Lot E-2 to meet City Code. This win indude the removal of the Y on the west end of Lot £-1 and tying the existing 4" line into the City main 6" line on Commercial Drive. ~ Thank You, Dave Yeubanks (R esident) . CITY OF NORTH RICHLAND HILLS . Department: Planning & Inspections Department Council Meeting Date: 11/12/01 Subject: Consider the request by Dayton Macatee for the approval of Agenda Number: PS 2001-30 A Final Plat of Lot SR , Block 6, Tapp Addition located in the 6300 block of Northeast Loop 820. CASE SUMMARY: Dayton Macatee representing Macatee Engineering on behalf of the property owners Skeeter and Bucky, L.P. has submitteg a Final Plat of Lot SR, Block 6 Tapp Addition. The purpose of this replat is to reconfigure the existing lot pattern to accommodate a proposed Staples Office Supply development (ref. PZ2001-23). 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. The applicant has submitted a revision that addresses these concerns. . Comprehensive Plan: The Comprehensive Plan Update indicates retail uses for the site. The proposed plat is in conformance with this depiction. The current zoning of the site is C-2 Commercial. RECOMMENDA TION: The Planning and Zoning Commission at their meeting on October 25, 2001, recommend approval of PS 2001-30 by a vote of 7 to O. To approve PS 2001-30 a Final Plat of Lot 5R, Block 6, Tapp Addition as recommended by the Planning and Zoning Commission. .~ Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds AvaIlable ~cQ~ ~ Finance Director Department Head Signature ~/i:::~2 PS 2001-30 Tapp Addition CC sum TR 2Fl 33.11 AC TR 2L 7.276 AC . ~DDt1 '1' Af'f' 6 ~ 3 14.619 C! PS 2001-30 Tapp Addition 4 1 . 00 @ .. N.E. Loop 820 1782 3R 2.7121 a ~~(s W L- EJ~ 0 0 (j§iSJ 8 28.8121 a . ~ . . . 7. PS 2001-30 CONSIDERA TION OF A REQUEST BY DAYTON MACA TEE FROM MACA TEE ENGINEERING ON BEHALF OF THE PROPERTY OWNER, SKEETER AND BUCKY, L.P. FOR THE APPRV AL OF THE FINAL PLAT OF LOT SR, BLOCK 6, T APP ADDITION LOCATED IN THE 6300 BLOCK OF N.E. LOOP 820. APPROVED Bill Graves, architect of record, came forward to answer any questions, There were none. Ted Nehring, seconded by Don Pultz, motioned to approve PS 2001-30. Motion carried unanimously (7-0). '- Page 4 10/25/01 P & Z Minutes . . . NI~H Public "^Jorks / Aclr1llnlstra¡IOr, CITY OF NORTH RICHLAND HILLS September 5,2001 MEMO TO: Dave Green, Planner FROM: Mike Walker, P.E., Assistant Public Works Director SUBJECT: TAPP ADDITION, Block 6, Lot 5R; STAPLES Preliminary Plat 2001-30 Public Works has reviewed this preliminary plat. We offer the following comments. 1. RIGHT-OF-WAY A portion of the existing sidewalk adjacent to Industrial Park Boulevard is shown on private property. Additional right-of way should be dedicated in this area. Sufficient iron pins will need to be found or set to verify the west property line of Industrial Park Boulevard. 2. PLAT DRAWING The metes and bounds description of the property does not match the plat drawing. Also, the curve distances for the Industrial Park Boulevard right-of-way do not match the previous plat of Lots 2R and 3 through 6. 3. BEARING ANGLES Bearing angles should be shown for all easement lines that are not parallel to the property lines. 4. SURVEYOR'S SEAL The surveyor's seal and signature needs to be added to the plat. 5. GPS MONUMENTATION The City maintains a database of survey benchmarks that are tied to the NAD 83 system and the Texas State Plane Coordinate System. The plat needs to reference one of these benchmarks. It appears that two property corners have been tied to the system. This memo should be used in conjunction with the mark up of the plat. M~tf~ Assistant Public Works Director HMW /smm/pwm2001-122 cc: Mike Curtis, P. E., Public Works Director Dayton Macatee, P.E., Macatee Engineering 6440 N. Central Expressway. Suite 414 Dallas, TX 75206 P IJ Be'\ 320hUQ . \cc ] ,S!c!liand Hills. Texas. 76182,0609 7';:':1 ~j,~,r;¡l('ast '-ocr: . 8,7,427'f3400 . F,II,X 817-427-6404 ',¡þI CITY OF NORTH RICHLAND HILLS . Department: Planning & Inspections Department Council Meeting Date: 11/12/01 Subject: Public Hearing to consider a request from William Graves Agenda Number: PZ 2001-23 On behalf of the property owner Skeeter and Bucky, L.P. for a zoning change on 2.25 acres of land from C-2 Commercial to PO Planned Development and Site Plan Approval for an office supply store located in the 6300 block of N. E. Loop 820. Ordinance No. 2580. CASE SUMMARY: William Graves, on behalf of the property owner Skeeter and Bucky, L.P., has submitted a request to rezone 2.25 acres from C-2 Commercial to PO Planned Development for construction of a retail office supply store (Staples). The site is located at the northeast corner of the intersection of the West Bound Loop 820 service road and Industrial Park Boulevard. The applicant is requesting this zoning change because the proposed building does not meet the commercial building articulation standards of the Zoning Ordinance. Building Design and Materials - The proposed two-story building is approximately 21' 7" in height with an overall height of 32' at the building entrance. The building entrance is oriented toward a shared access drive and parking lot along the east property line. Building materials are primarily smooth and split faced concrete masonry units (CMU). Glazed CMU blocks provide accent color on the building façade including behind the logo sign above the building entrance. The roof is a flat-design with a parapet of sufficient height to screen mechanical equipment. A canopy extending out from the building façade is proposed for the entryway. A dumpster pad and loading dock are proposed on the rear of the building. Both areas are screened by masonry walls. Access and Parking - Access to the site will be provided by a combination of two shared access drives, one from the Loop 820 Service Road and the second from Industrial Park Boulevard. These access drives extend to the northeast corner of the proposed parking lot. A third access point from Industrial Park Boulevard provides primarily truck access to the loading dock at the rear of the building. A one-way exit only is provided to Industrial Park Boulevard from the rear of the building. This "exit only" is provided to facilitate truck maneuvering around the rear loading dock. A total of 96 parking spaces are required for this development. The design exceeds this by providing a total of 116 spaces. Finance Review Source of Funds: Bonds (GO/Rev,) Operating Budget Oth" - c¡JJ __ JcÞ¿ ~ Account Number Sufficient Funds Available Department Head Signature Finance Director L;\Cases\PZ Cases\2001-23 Staples\CC sum. . .. . . \ "'\ ·,r7:':"""';k"!,,,;,,,., '~"""'" . ," ." ~"",~.~"" ,,_. CITY OF NORTH RICHLAND HILLS Landscaping/Screening - The site does not have residential adjacency, therefore, no screening or buffering is required or provided. A 15' landscape setback is required and is provided along the Loop 820 Service Road and Industrial Park Boulevard frontages. Required street trees and parking lot screening shrubs exceed minimum requirements. The minimum number of parking lot trees should be based on the number of parking spaces provided (116) rather than the minimum spaces required (93). In either case, the number of trees provided meets minimum standards. The minimum percent of total landscaping provided also meets minimum standards. Signage - The site is located in the Freeway Sign Overlay District adjacent to Loop 820. A single 60' pylon sign containing 226.3 square feet in surface area is proposed for the southwest corner of the site. The sign height and surface area meet the standards of the overlay district. Logo signs are proposed on all four sides of the building. These signs also meet the standards of the Sign Ordinance. Comprehensive Plan - The Comprehensive Plan recommends Retail uses for the site. The proposed use is consistent with the Plan. Zonina/Land Use - The site is currently zoned C-2 Commercial. The applicant will need to revise the site plan to reflect the correct adjacent zoning (C-2 instead of C-1). North: East: South: West: C-2 / Vacant C-2 / Vacant, parking lot for Sam's and Wal-Mart C-2 / Loop 820 C-2 / Vacant Plat Status - A replat of this site (ref. PS 2001-30) is being processed concurrently with this zoning request. Variances Requested - The following variance is requested by this Planned Development. · All buildings over 10,OOO-sq. ft. in size and located within a commercial district are required to have an articulated building façade based on the requirements of Section 606 of the Zoning Ordinance. The proposed building is approximately 23,942 sq. ft. in size and would be subject to these articulation standards. The applicant is requesting a variance from th.is requirement. Staff is currently preparing an ordinance revision to Section 606 that amends the building articulations standards and other architectural detail requirements. These requirements include changes in required materials, colors, textures, roof/ines, and other architectural details. This revision will be presented to the Planning and Zoning Commission on November 8th for review and is scheduled for Council consideration on November 26th. The attached site plan is in substantial compliance with these new standards. CITY COUNCIL ACTION ITEM L:\Cases\PZ Cases\2001-23 Stapfes\CC sum. Page 2 of 3 . . . , ~"" r"'J, " .'., ':';, :!, '~',.''-' ,::', ,..- , "'.,' ,. '.' :,'~_ .~. ""..", .,. '."""0' ...."..,...,,,,,,,,.., CITY OF NORTH RICHLAND HILLS RECOMMENDA TION: The Planning and Zoning Commission met on Thursday, October 25, 2001 and voted 7 -0 to recommend approval of this request. If the Council determines that this site plan is acceptable, the following motion is recommended: Approval of PZ 2001-23 and Ordinance no. 2580 TR 2Fl 33. 11 AC TR 2L 7.276 AC . ~VV~ '1' AI'I' 6 3 14.619 II PZ 2001-23 Staples Office Supply 4 1 . 00 II of N.E. Loop 820 ,- 3R 2.7121 a A~(S W L- S ~ 0 0 cifiJ5J 8 28.8121 a . ~ . . . 8. PZ 2001-23 PUBLIC HEARING TO CONSIDER A REQUEST BY WILLIAM GRAVES ON BEHALF OF THE PROPERTY OWNER SKEETER AND BUCKY, L.P. FOR A ZONING CHANGE ON 2.25 ACRES OF LAND FROM C-2 COMMERCIAL TO PD PLANNED DEVELOPMENT AND SITE PLAN APPROVAL FOR AN OFFICE SUPPLY STORE LOCATED IN THE 6300 BLOCK OF N.E. LOOP 820. APPROVED Bill Graves, architect of record, stated that the applicant is requesting the zoning change since the proposed building does not meet the commercial building articulation standards. Chairman Bowen opened the public hearing. There were no comments. Chairman Bowen closed the public hearing. George Tucker, seconded by Doug Blue, motioned to approve PZ 2001-23. Motion carried unanimously (7-0). Page 5 10/25/01 P & Z Minutes . . UREVISION OF CITY COUNCIL DA TE" NOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION . CASE #: PZ 2001-23 6300 Block of N.E. Loop 820 Lots 5 & 6, Block 6, Tapp Addition You are receiving this notice because you are a property owner of record within 200 feet of the above property. Purpose of Public Hearina: A public hearing is being held to consider a request from William Graves on behalf of the property owners, Skeeter and Bucky L.P" for a zoning change from C-2 Commercial to PO Planned Development and Site Plan Approval for an office supply store at the above location. . Public Hearina Schedule: Public Hearing Dates: Time: PLANNING AND ZONING COMMISSION THURSDAY, OCTOBER 25, 2001 CITY COUNCIL MONDAY, NOVEMBER 12, 2001 7:00 P.M. 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 2001-23 Site Plan Approval for Staples The following property owners are listed in the 2001 Tarrant Appraisal District tax rolls. They fall with in 200 feet of the subject tract and have been notified. NE Loop 820 Akers, Telitha Survey Abstract 19, Tract 2A 1 & 3A Tr E-Systems Pool Tr Attn: Charles B Nolen 700 North Pearl Street, Suite 2300 Dallas, Texas 75201-7424 City of North Richland Hills 7301 NE Loop 820 North Richland Hills, Texas 76180 Akers, Telitha Survey Tract 2A1b & 3A1 NE Loop 820 Akers, Telitha Survey Abstract 19, Tracts 2A 1 C & 3A2 Skeeter & Bucky LP 5720 LBJ Fwy Suite 450 Dallas, Texas 75240-6312 NE Loop 820 Akers, Telitha Survey Abstract 19, Tracts 2A1C1, 2K & 3A2A Sam's Real Est Bus Trust 2001 SE 10th Street Bentonville, Arkansas 72712-6489 NE Loop 820 Akers, Telitha Survey Abstract 19, Tract 2J2 & 3A3 Sam's Real Est Bus Trust 2001 SE 10th Street Bentonville, Arkansas 72712-6489 . . . . . . . ORDINANCE NO. 2580 AN ORDINANCE OF THE CITY OF NORTH RICHLAND 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 2001-23; 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 2001-23, the following described property, attached as Exhibit A, Location Map, shall be rezoned from C-2 Commercial to PO Planned Development to establish a Planned Development District with specific development regulations on 2.25 acres of land 2. THAT, the purpose of this Planned Development District is to provide for a retail office supply development. The permitted uses and development regulations for this planned development district shall be as follows: Ordinance No, 2580 Page 100 . . . . . 3. THAT, the development regulations are hereby amended, and specifically, the 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 Articulation: The building articulation requirements of Section 606 of the Zoning Ordinance shall be waived. Building articulation shall be as approved on the attached plan. 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 C2 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, Tèxas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 8. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. Ordinance No. 2580 Page 2 of3 . . . PASSED AND APPROVED BY THE CITY COUNCIL THIS 12th DAY OF NOVEMBER 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 Ordinance No. 2580 Page 3 of3 . . '-, "t. . CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date:11/12/01 Subject: Public hearing to consider a request from Christian Brothers Agenda Number:PZ 2001-28 Automotive on behalf of the property owner, William Pruitt, for a Special Use Permit (SUP) on 1.229 acres of land for an automobile repair facility located in a C-1 Retail District. The site is located in the 7800 block of Rufe Snow Drive. Ordinance no. 2581 CASE SUMMARY: Christian Brothers Automotive, on behalf of the property owner William Pruitt has submitted a request for a Special Use Permit (SUP) for an automobile repair facility in the 7800 block of Rufe Snow Drive. The current C-1 Retail zoning of this tract permits an automobile & light truck repair shop with the approval of a Special Use Permit. Because the site has residential adjacency, site plan approval is also required. The Zoning Ordinance requires a SUP for this use because it is considered more intense than uses that are permitted by right. The ordinance would allow approval of this request contingent upon design standards that may help the use to be more compatible with adjacent uses. When special design considerations or land uses fail to promote compatibility, the request should be denied. This tract is in the middle of large vacant parcels zoned C1 Commercial and consideration should be given to the types of uses that would be develope.d in the future on the vacant adjacent properties. Building Design and Materials - The proposed building is two-story design of approximately 23' 9" in height and 4,921 square feet in size. Because the building is less than 10,000 square feet in size, no articulation is required. The building consists of an office area and nine service bays. The bays are situated along the north side of the building and are a drive-in, back-out configuration. The south side of the building is of a solid wall construction. The building and adjacent parking spaces occupy approximately 2/3 of the site from Rufe Snow Drive. The rear 1/3 of the site is labeled for future development. A note on the site plan indicates that there will be no open storage of vehicles. A note on the building elevation page refers to the construction as being 100% Qwik Brick (4" x 16" units). The roof exhibits a 12/6 pitch with composition shingles. A dumpster pad is located on the rear of the building. A site plan note states that the pad will be screened with 8' masonry walls and an opaque gate. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds Available ~J2µ.bJ\ Finance Director ~ to:æ Department Head Signature L;ICasesIPZ Cases120011PZ 2001-28 Christian Brothers CC sum. CITY OF NORTH RICHLAND HILLS . Access and Parking - Access to the facility will be via a shared access drive from Rufe Snow Drive. Ten parking spaces are required for this size facility. The site plan far exceeds this by providing a total of 26 spaces. Landscaping/Screening - The site has residential adjacency along the east property line requiring a screening wall and landscape buffer. The site plan notes an 8' masonry, screening wall and a 15' landscape buffer along this boundary. A total of 4 trees (all evergreen) are located within the buffer. This exceeds ordinance standards. A 15' landscape setback has been provided along the Rufe Snow Drive frontage. Within that setback the landscape plan proposes a 3" caliper Bradford Pear, 3" caliper Cedar Elm and two Redbuds. All parking areas are screened by 5 gallon Yaupon Hollies on 36" centers and Redbuds spaced approximately 30' apart. This arrangement meets ordinance standards. Total landscaping of the site exceeds the minimum 15 % required by ordinance. Signage/Lighting - A monument sign of approximately 90 square feet is proposed along the Rufe Snow frontage. The sign size and surface area meet Sign Ordinance standards. The lighting plan shows all wall-mounted fixtures on the building and one sign fixture. The closest wall mounted fixture to adjacent residential uses (east of building) is approximately 285' away. . Comprehensive Plan - The Comprehensive Plan recommends Retail uses for the site. The proposed use is consistent with the Plan. Zoning/Land Use - The site is currently zoned C-1 Retail. North: East: South: West: C-1 / Vacant R-3-1500 / Residential C-1/ Vacant City of Watauga / Residential Plat Status - A Preliminary Plat of this site (ref. PS 2001-35) is being processed concurrently with this zoning request. RECOMMENDATION: The Planning and Zoning Commission met on Thursday, October 25,2001 and voted 6-0- 1 to recommend approval of this request subject to the following stipulation: 1) The hours of operation for the first 60 days would be from 7:00 a.m.-7:00 p.m., six days a week, then drop to five days a week thereafter wi~h no body work or selling of tires allowed. If the Council determines that this site plan is acceptable, the following motion is recommended: Approval of PZ 2001-28 and Ordinance no. 2581. L:ICasesIPZ Cases\2001\PZ 2001-28 Christian Brothers CC sum, Page 2 of 2 ~~\ ~ SII"'ÄOOt'4· /: 1 1 17!I TR. lA 1 . 3 AC ( ' ~a- . TR.IA5 7.86 Q In 1Mc.n ¡.IA2 .j.lð2 AC u ([ (þ N TR. 1Al 2. CH AC (þ ([ C1 C:;r\O""~S RONC('{ SPSUR\j(gg ~ _13 a: I- TR.IA7 22.7178 (II PZ 2001-28 7800 Block of Rufe Snow Drive 18 4 3 2 3 6 5 2 3 6811J11J TR. 3A 4.9 AC 1 2 3 3 2 19 16 10 11 12 13 14 15 WILLOW VIEW OR 4 8 7 6 5 4 3 2 6811JIIJ 2 7R (f) (f) 18 8 9 0 17 L 67tJIIJ 1 26 25! .... I .... 15) 15) o:! q . ~ ZI 1 td ~ REDBUD OR ~ ! 716~111 ~ 11 12 13 14 15 16 17 MOSS LN ~ 8 7 6 5 4 3 2 1 7 ,.. I ~ " 11 12 13 14 15 16 17 18 ø 'ø _AI \ 1 2 3 4 5 6 7 6 9 10 11 12 01 ~ ,oJ. 13 \ 24 23 22 21 20 19 18 17 16 15 14 \ ¿ 24 ~ 689S \ 5799 213~ N ..-k . . . - --... ·~·~·_'-,-"""-............,__'~.__,.,._u'_....."_ 11. PZ 2001-28 PUBLIC HEARING TO CONSIDER A REQUEST BY CHRISTIAN BROTHERS AUTOMOTIVE ON BEHALF OF THE PROPERTY OWNER, WILLIAM PRUITT, FOR A SPECIAL USE PERMIT (SUP) ON 1.229 ACRES OF LAND FOR AN AUTOMOBILE REPAIR FACILITY LOCATED IN A C-1 RETAIL DISTRICT. THE SITE IS LOCATED IN THE 7800 BLOCK OF RUFE SNOW DRIVE. APPROVED Tim Welch abstained from discussion and vote due to conflict of interest. Jack Pruitt, 17214 Meadow Tree Circle, Dallas, Texas, property owner of case in question. He stated that after investigating Christian Brothers Automotive, he believes that the business owners would be a compliment to the community. Chairman Bowen opened the public hearing, Kenneth Milburn, 7659 Cypress Court asked questions regarding lighting, parking, body work, tire changes and sale of building at a later date. A letter of opposition was received by Patricia and Danny Shelly. They requested to retract this letter, Chairman Bowen closed the public hearing. George Tucker, Doug Blue seconded, motioned to approve PZ 2001-28 with the stipulation that the business hours for the first 60 days would be from 7:00 a,m. - 7:00 p.m., six days a week, then drop to five days a week thereafter, with no body work or selling of tires allowed. Motion carried unanimously 6-0-1, with Tim Welch abstaining, Page 7 10/25/01 P & Z Minutes . "REVISION OF CITY COUNCIL MEETING DA TE" NOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CASE #: PZ 2001-28 7800 Block of Rufe Snow Drive 1.229 acres located in the Thomas Sprouse Survey, Abstract No. 1399 You are receiving this notice because you are a property owner of record within 200 feet of the above property. Purpose of Public Hearina: A public hearing is being held to consider a request from Christian Brothers Automotive Corporation for a Special Use Permit (SUP) for an automotive repair facility at the above address. . Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDA Y, OCTOBER 25, 2001 CITY COUNCIL Monday, NOVEMBER 12, 2001 7:00 P.M. Time: Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have åny 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 L:\Property Owner Notification\PZ\2001 \PZ 2001-28 CC REVISION DATE Christian Brothers PON doc,doc . CASE #: PZ 2001-28 SUP for an Automotive Repair Facility Rufe Snow Center Addition, Block 1, Lot 1 The following property owners are listed in the 2001 Tarrant Appraisal District tax rolls, They fall with in 200 feet of the subject tract and have been notified, 6737 Old Mill Court Foster Village Addition Block 92, Lot 30 Reeves, Duane R Etux Janice 6737 Old Mill court North Richland Hills, Texas 76180-2054 6741 Old Mill Court Foster Village Addition Block 92, Lot 31 Page, Barry Etux Elizabeth 6741 Old Mill Court North Richland Hills, Texas 76180-2054 6740 Old Mill Court Foster Village Addition Block 92, Lot 27 Tennison, Kristopher & Shannon 6740 Old Mill Court North Richland Hills, Texas 76180-2054 6736 Old Mill Court Foster Village Addition Block 92, Lot 28 Silva, Horacia Etux Jerry L 6736 Old Mill Court Fort Worth, Texas 76180-2054 . 6733 Old Mill Court Foster Village Addition Block 92, Lot 29 Boyd, Rodney A Etux Nancy J 6733 Old Mill Court North Richland Hills, Texas 76180-2054 Bursey Road Spronce, Thomas Survey Abstract 1399, Tract 1A07 A City of North Richland Hills 7301 NE Loop 820 North Richland Hills, Texas 76180 Rufe Snow Drive Spronce, Thomas Survey Abstract 1399, Tract 3A Pruitt, William J Etux Carole 17214 Meadow Tree Circle Dallas, Texas 75248-6000 City of Watauga . . . . ORDINANCE NO. 2581 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE, TO AUTHORIZE A SPECIAL USE PERMIT TO ALLOW AN AUTOMOBILE REPAIR FACILITY IN A C- 2 COMMERCIAL ZONING DISTRICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of the 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 2001-28, a Special Use Permit be hereby authorized to allow an automobile repair facility on 1.229 acres of property known as a portion of the Thomas Sprouse Survey, Abstract No. 1399. 2. THA T, development of this property shall be consistent with the site plan attached as Exhibit "A" and with the following stipulations: 1) The hours of operation for the first 60 days be limited to between the hours of 7:00 a.m. - 7:00 p.m., six days a week, then limited to five days a week thereafter. 2) No auto body repair or selling of tires will be permitted. 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the §)ection, 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. Ordinance No, 2581 Page 1 of 2 · · · 4. SAVINGS CLAUSE. That the 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. 5. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL THIS 12th DAY OF NOVEMBER 2001. Charles Scoma, Mayor City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: ,--b2~ Development Director APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No, 2581 Page 2 of 2 Christian Brothers Automotive Eagle'~ landing, Stockbridg.e, GA CBA - Jones Bridge, Alpharetta, GA CBA -Frisco, TX CBA -Edmond, OK CBA - Suwanee, GA Entrance Customer Waiting Area Customer Waiting Area Service Bays CIT.Y OF NORTH RICHLAND HILLS . Department: Planning & Inspections Department Council Meeting Date: 11 /12/01 Subject: Consider a request from Kevin Smith for Site Plan Agenda Number: PZ 2001-31 Approval of a proposed office building within 200 feet of residential property. CASE SUMMARY: Kevin Smith is requesting approval of a revised site plan for an office building within 200' of residential zoning. The site is located in the 8200 block of Mid-Cities Boulevard. This request was approved by the Commission on September 2¡th as PZ 2001- 24 with the following stipulations 1) Elimination of hardy board on all elevations, 2) Either remove windows on the south side of the building (facing residential area) or provide an opaque treatment, and 3) All exterior lights are to be shielded from residential areas. Rezoning of this site from AG Agricultural to 0-1 Office (ref. PZ 2000-49) was also approved at the same meeting. At the October 22nd City Council meeting, the rezoning was approved, however, the site plan approval request was denied. Council's decision to deny this request was based on the desire to have the building front or entryway face Mid-Cities Boulevard. The applicant's design had the building front facing west, parallel to the street. The Council's action did include the waiving of fees should the applicant wish to resubmit the site plan request. The applicant has resubmitted the site plan and has taken the basic design (with minor revisions) and rotated the building so that the front entry is now facing Mid-Cities Boulevard. Building Design and Materials - The proposed office building is two story (approximately 37' tall) with a residential design character and containing approximately 4,966 square feet. The building's front and side facades are of masonry construction with cultUred stone or rock accents. The rear of the building is constructed entirely of masonry but now includes one window facing the adjacent residential area to the south. Finance Review Source of Funds: Bonds (GOIRev.) Operating Budget Oth" = ~ ~~~ Account Number Sufficient Funds Available Finance Director Department Head Signature ~'í~~ L;\Cases\PZ Cases\2001\PZ 2001-31 Kevin Smith CC sum. "'" .1 . . CITY OF NORTH RICHLAND HILLS Composition shingles are utilized on all roofs. Roof planes vary between a 4:12 and 10:12 pitch. A minimum 35' setback is required for commercial buildings with residential adjacency. The building exceeds this requirement by providing a 54' setback from the adjacent residential zoning along the southern property line. The maximum height allowed for structures in the 0-1 District is restricted by a formula that requires the structure to setback from residential districts l' for each 1.5' of building height. The 37' height of the proposed structure would require a 24.6' setback from the south property line. As noted earlier the proposed setback exceeds this requirement. Access/Parking - Access to the site consists of one, 26' driveway approach off of Mid- Cities Boulevard. Twenty parking spaces are required and are provided. The bulk of the proposed parking (14 spaces) is located to the west-side of the site with one handicapped space in front of the building and 5 spaces located to the rear of the building. , Screening/Landscaping - Residential adjacency standards require a 6' masonry screening wall and a 15' landscape buffer along the site's south property line. No elevation is given for the masonry wall, however, the site plan contains a note requiring this wall and the wall surrounding the proposed dumpster pad to be constructed of similar materials and design as the wall approved for Walgreen's Pharmacy (ref. PZ 2001-05). This ensures consistency of appearance for the commercial uses along this portion of Mid- Cities Boulevard. Three 3" caliper trees (one Cedar Elm and two Live Oaks) and sixteen Red-Tipped Photinias are also proposed along this boundary. The placement of the Photinias along this border and around the dumpster pad exceed minimum ordinance requirements. The proposed trees meet the evergreen requirement of 40% along this boundary. The site plan also provides a 15' landscape setback along Mid-Cities Boulevard. Within this boundary are provided three trees (one Cedar Elm and two Live Oaks). Parking lot screening consists of a series of Drawf Burford Hollies. Hollies are also proposed along the building's Mid-Cities frontage. Signage/Lighting - One monument sign is proposed along the Mid-Cities Boulevard frontage near the west boundary of the site. The sign will be of masonry/pre-cast construction containing approximately 16.6 square feet of sign surface area and approximately 44 total square feet in size. This sign meets all regulations. A note on the site plan states that the final location of the sign will be subject to approval of the Department of Public Works. This is due to the need to avoid underground utilities in this area. . Exterior lighting consists of six dual-light fixtures attached to the building. Five of these fixtures are located along the building front facing Mid-Cities Boulevard. The remaining fixture is located on the rear of the building facing south and west. A note is on the plan stating that all light fixtures will be shielded from residential areas. CITY COUNCIL ACTION ITEM L:ICasesIPZ Casesl20011PZ 2001-31 Kevin Smith CC sum. Page 2 of 3 _~"~c,'__ CITY OF NORTH RICHLAND HILLS · RECOMMENDATION: The Planning and Zoning Commission is scheduled to consider this request at their Thursday, November 8th meeting. Staff will inform Council of the Commission's recommendation prior to Council's consideration. If the Council determines that this site plan is acceptable, the following motion is recommended: Approval of PZ 2001-31. · .~ · ----...... l~ 1 ~~ _..;;;::_.......J ..------..---.::.--.--.1 15 < 16 Ir;-;'~< ~. ".:{o- ~ 3 , :.-~:- 4 : ..,. 3 '. 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'.. .:. \ / j ~'" ',...... ,... .. , 4 2 '\ \' I ".,.. /<:':,"'../ 13' 'i~: \ \ At' "';.. 0 )/~, \;, ;5,'.:,"..~',...,... 12 21 '::20 ';1 e¡ ¡ ': :?,'\\ \ ./. .; \; ..:,....... ,.;("/ '! 3 ,-:,"" 8 \\ \:~~,...'" ,...\/ 1 1 .. j y'Ì., \ > , ,.,/ ,.. .":" :) ,/~' 1 ø " __-. .;~:.... .~~....~.;.;.-.. ", TR 4G 3.46 AC PZ 2001-31 Kevin Smith Site Plan -._~- -----.------,.---------- .::::-:".::::::~;~~-;::E.-::::.:-:::.:::-¡...:::-:::-: '.. . . ..' C :~. 1 ~ Z ~, 3 ~; 4 ¡ I ., .. .-.......-....---...-............. ...............--........... i:::-',·'~ .. .. . .... , \ \ 3 .'\ .,,,) ,..' ./ TR ZP ., CITY OF NORTH RICHLAND HILLS _epartment: Budget & Research Council Meeting Date: 11/12/01 Subject: Election of Tarrant Appraisal District Board of Directors Resolution No. 2001-068 Agenda Number: GN 2001- 107 Nominations for candidates to serve as directors of the five member Tarrant Appraisal District have been received from the voting tax entities. The City of North Richland Hills has been allocated 43 votes which may be cast collectively or separately for any nominee or nominees. A complete list of nominees listed on the official ballot is as follows: 1. John Clanton 2. Mike Davis 3. James R. Dennis 4. C.F. Kelley 5. Joe Potthoff 6. Charles Rogers 7. Fiona Sigalla 8. Tommy Vaughn e Mike Davis, nominated by City of Euless, City of North Richland Hills and Birdville I.S.D.; James R. Dennis, nominated by Fort Worth I.S.D.; Joe Potthoff, nominated by City of Arlington and Tarrant County; Charles Rogers, nominated by City of Fort Worth and Tarrant County; and Tommy Vaughn, nominated by Arlington I.S.D. are the incumbent members of the board. John Clanton, President of the Hurst-Euless-Bedford I.S.D. Board, was nominated by the HEB I.S.D. C.F. Kelley, Mayor of Richland Hills, was nominated by City of Richland Hills. Fiona Sigalla, Grapevine-Colleyville I.S.D. Board of Trustee member, was nominated by Grapevine-Colleyville I.S.D. Resumes for Clanton, Kelley and Sigalla are attached. Recommendation: To approve Resolution 2000-068 casting votes for Mike Davis. Finance Review Source of Funds: Bonds (GO/Rev,) Operating Budget Oth¡j ß( LU4l/5v0Á__' Department Head Si nature Account Number Sufficient Funds Available Oct-25-01 12:20PI From-HEB ISD BUSINE~S +817'95043558 T-3~9 þ,OZ/øZ '-111 e Biogr~phy John Henry Clanton Jobn Henry C\antou haS been a resident of Tarrant Co-unty for 3S y,=ars. Clan'tOU hu beeD Preside1lt of the Hurst..Euleas-Bedícrd fudependent School District Board ~f' Trustees since May ß. 2001. He 'has served on the Board since May 1995, and his term cxpire! in, 2004. He 5c¡ved as Vice Pre$idem fi'om May 6, 1997 through May 8. 2001~ whcu he became ~Presiclent. As a former educator, Clanton has spent)J1uch of his tíme trying t(} improve tb.e quality of life in his conununity and in 1ŒB schools through t.is professional and ci vie involvement in many organizations. He has served as President of the HEB Administrators Association: HEB Vocational Director; State Chair for Vocational Industrial Clubs of AIneIica; State Ptesident of . Texas JnL!Usttial V ocatioDll¡\StOciation; President of HEB Retired School Employees Associatìon; and serves on the HEB Education Foundation.. He hftS servt1d as a Uni1ed Way campus representative and BBB District Chair; Presid.ent of the HEB SportS RaU of Fame; Mid- Cities Optimíst Club; Hurst Lions Club~ City of Hurst Zoning Adjustment Board; Neighborl1ood Cant;cr Association Representati.ve~ and. was na.rJ1eð. Hurst Citizen oftn(: Year. Clanton is a. native of Wichita Falls, where he was boI1lin 1931. He received a Bachelor of Science degree in bistory and speech from Midwestern University m 1957. He receivec1 a master's degree jn educational ad=inimation and histoI'Y from. the University of Texas at El Paso in 1964. John Henry Clanton is mamed to Patsy. his wife of 40 years. 1hey have a daughter. Marci Meyer. and twO pmdehi1dren. Ryaft Gober and Heather Meyer. John HeDI'Y and P~y 1Ï-V1: in Hurst. e 8 '0 800'ON ~C?£:7 [003 'C8'PO About the City of Richland Hills Mayor Page 1 of 1 . ~ About the Mayor We're Open for Business. C. F. Kelley is presently serving his fourth concurrent tenn as Mayor of Rich land Hills. As a native Texan, Mayor Kelley has resided in Richland Hills for the past 40 years. Since his retirement in 1990 from the sporting goods industry, Mayor Kelley has remained active in the community and surrounding areas. Mayor Kelley has served as past president of the Knife and Fork Club and Metropolitan Club. Mayor Kelley is a lifetime member of the Fort Worth Optimist Club and served as past president for 1992-1993 for which he received the prestigious Double Distinguished President Award. Mayor Kelley also received the Man of the Year Community Service A ward for 1993-1994 for Northeast Tarrant County. e Mayor Kelley is currently on the Board of Directors of the Northeast Tarrant County Chamber of Commerce and serves as Chainnan for the Richland Hills Development Corporation. Mayor Kelley also actively participates in the Mayor's Council of Tarrant County. Mayor Kelley is an active member of Richland Hills Baptist Church. Perhaps Mayor Kelley's most rewarding endeavor to date is the time he spends feeding, diapering, and cuddling premature babies in the Neo-Natal Unit of Harris Methodist Hospital in Fort Worth. [Home] [Boards/Commissions] [Calendar of Events] [City Departments] [Community Profile] [Community Services] [Economic Development] [Emgloyment] [Fire/Rescue] [Keep Richland Hills Beautiful] [Maps to the City] [MavorCitv Council] ruews From RH] [Police] [Welcome] e http://www.richlandhills.com/mayor2.htm 11/5/01 GCISD Board Biographical Information Page 1 of 1 Fiona Sigalla . Sigalla was elected to the GCISD Board of Trustees in May 2001. Fiona has been an active school volunteer, serving on numerous committees and PT A boards, including PTA Executive Boards at O.C. Taylor Elementary, Colleyville Middle School and Colleyville Heritage High School. Fiona has also been a parent representative to the District Excellent Committee and the Cost Containment Committee. Fiona is an economist with the Federal Reserve Bank of Dallas, where she has worked since 1988. A member of the Research Departmenfs regional group, Fiona helps prepare briefing material for the Bank president prior to Federal Open Market Committee meetings. As a part of these duties, she is responsible for writing and supervising a team of economists to produce the Beige Book, a survey of approximately 100 businesses representing every major regional industry, which helps the Federal Reserve monitor the status of the economy. Fiona also conducts economic research and is a regular contributor to Research Department publications. In 2000, she published an article in the Joumal of Business and Economic Statistics that measures variations in regional cost of living. Fiona assists the Federal Reserve with their economic education programs. She helps judge the Federal Reserve's Annual Essay contest for High School students and otten gives speeches to area students, teachers and business leaders. Fiona also judges the Fed Challenge program for High School students, where students participate in a mock-Federal Open Market Committee Meeting. Prior to working at the Federal Reserve Bank of Dallas, Fiona worked in several positions with the State of Minnesota, including as a fiscal analyst for the Tax Committee of the House of Representatives, during a period of major tax reform. Fiona participated with the Minnesota Tax Study Commission where she co- authored a book chapter that analyzed and suggested reform of Minnesota's erty tax equalization formula. Fiona has lived in Grapevine since 1988 with her husband, Bob VVestgate. Fiona and Bob have three children, ages 5, 11 and 15. Fiona received a B.A. in Economics and Political Science from the University of Washington in 1983 and a M.S. in Applied Economics from the University of Minnesota in 1985. e http://www.gcisd-k12.org/bot/bot_bio.htm 11/5/01 e e e RESOLUTION NO. 2001-068 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, that 1. This City casts its 43 votes for Mike Davis for Director of Tarrant Appraisal District: PASSED AND APPROVED this the 1ih day of November 2001. APPROVED: Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for City e OFFICIAL BALLOT ELECTION OF MEMBERS OF THE BOARD OF THE TARRANT APPRAISAL DISTRICT We, the governing bOdy of City of North Richland Hills having been advised by the Chief Appraiser of Tarrant Appraisal District that we are entitled to cast 43 votes collectively or separately for the following nominees for the Board of Tarrant Appraisal District: John Clanton Mike Davis James R. Dennis C. F. Kelley Joe Potthoff Charfes Rogers Fiona 5igalla Tommy Vaughn do hereby resolve and order that City of North Richland Hills cast and does hereby cast its votes as follows: e votes for votes for votes for votes for votes for Passed this day of . 2001 Presiding Officer ATTEST . Secretary or Clerk, City of North Richland Hills _MPORTANT: This ballot should be returned by November 29, 2001 to John R. Marshall, Chief Appraiser, Tarrant Appraisal District, 2500 Handley-Ederville Rd., Fort Worth, Texas, 76118 CITY OF NORTH RICHLAND HILLS Department: Administration Council Meeting Date: 11/12/01 Subject: Public Hearinq to Consider Ordinance 2582 Grantinq a Agenda Number: GN 2001-108 Franchise to Lamont Digital Systems, Inc. DBA Gatehouse Networks for Use of Public Rights-of-Way within the City for the Purpose of Constructing, Maintaining, and Operating a Cable Television System On March 26, 2001, the City Council received a request from GateHouse Networks for a cable franchise. Council direction was to proceed with a draft agreement. The attached franchise attempts to model certain sections from the existing franchise with the current cable operator. Our attorney in this matter, Clarence West, provided regular input and direction regarding the negotiation of this franchise. Notice of a public hearing on this item was published in the Star Telegram on Monday October 29,2001. The proposed franchise is a ten-year agreement. The customer service standards are at the high level and are identical to those set by the City in the Charter franchise. The liquidated damages are also identical to those established in the Charter franchise. Gatehouse is required to carry Educational and Government channels, just as Charter Communications does. In addition, Gatehouse has agreed to pay the City $1.00 per month per subscriber to fund Citicable. Other highlights of the franchise include the following: · GateHouse must begin system construction within 90 days of City Council approval. · This is a non-exclusive franchise meaning that other cable companies can build in NRH. · The City will receive an institutional network from Gatehouse with plans to use this to connect the proposed new Library and Recreation Center to the city's existing network. · Gatehouse must provide nondiscriminatory access to its cable modem service. This means that customers will have a choice in Internet Service Providers when they sign up for Internet service over the cable lines. Recommendation: To open the public hearing and receive public comment regarding Ordinance Number 2582 granting a cable franchise to Lamont Digital Systems, Inc. doing business as Gatehouse Networks. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available Budget Director Finance Director ckrJ~ ~~ City Man ger ignature Page 1 of 1 ;:'" CITY OF NORTH RICHLAND HILLS Department: Administration Council Meeting Date: 11/12/01 Subject: Consideration of an Ordinance Grantinq a Franchise to Agenda Number: Lamont Digital Systems, Inc. DBA Gatehouse Networks for Use of Public Rights-of-Way within the City for the Purpose of Constructing, Maintaining, and Operating a Cable Television System - Ordinance No. 2582 GN 2001-109 Background: On March 26, 2001, the City Council received a presentation from GateHouse Networks, a wholly owned subsidiary of Lamont Digital Systems, Inc., regarding a request for a cable franchise for HomeTown NRH. Council direction was to proceed with a draft agreement if no fatal flaws would be created with our current Charter arrangements. This franchise attempts to model certain sections from the Charter franchise, and Staff maintained regular contact with Charter during this process to avoid any significant conflicts. Those efforts appear to have been successful based upon the attached correspondence from Charter. In addition, our attorney in this matter, Clarence West, provided regular input and direction regarding the negotiation of this franchise. Franchise details: The proposed franchise is a ten-year agreement that is similar to and, in some areas, identical to our existing agreement with Charter Communications. Some sections have been improved upon with hopes that those terms may be added to future franchises. The customer service standards are at the high level and are identical to those set by the City in the Charter franchise. The liquidated damages are also identical to those established in the Charter franchise. Gatehouse is required to carry Educational and Government channels, just as Charter Communications does. In addition, Gatehouse has agreed to pay the City $1.00 per month per subscriber to fund Citicable. The GateHouse presentation made to the City Council earlier this year indicated a minimum speed for their network connection. Because GateHouse cannot guarantee a minimum speed, the Company is now proposing speed up to a certain level, 256 Kbs, the fastest speed the network connection is capable of achieving. Also, GateHouse has had some problems with receiving the signal from Citicable. We anticipate allowing them to use City fiber to accomplish this, but regardless, it remains GateHouse's obligation to deliver these channels to its customers. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available ~~ do;;.;, IÆ /í1" '!fifTf1/fi.L¿ Department Head Signature oJ Budget Director Finance Director Page 1 of 2 CITY OF NORTH RICHLAND HILLS Other Highlights: · GateHouse must begin system construction within 90 days of City Council approval. · This is a non-exclusive franchise meaning that other cable companies can also build. · The City will receive an institutional network from Gatehouse with plans to use this to connect the proposed new Library and Recreation Center to the city's existing network. · Gatehouse must provide nondiscriminatory access to its cable modem service. This means that customers will have a choice in Internet Service Providers when they sign up for Internet service over the cable lines. Process: The City Charter requires that this document appear on two separate City Council agendas before final action is taken. As such, the franchise will appear on this the November 1 ih agenda as well as the upcoming November 26th agenda. The City Council will vote on this item at both meetings, with final action taken at the November 26th meeting. Recommendation: To approve Ordinance Number 2582 (first reading) granting a cable franchise to Lamont Digital Systems, Inc. doing business as Gatehouse Networks. CITY COUNCIL ACTION ITEM Page 2 of 2 · ~MÇhArster A WIRED WORLD COtolPM,V . October 17, 2001 Mr. Greg Vick Managing Director of Community Services City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 76180 Dear Mr. Vick: Thank you for the opportunity to review the proposed franchise agreement between the City of North Richland Hills and Lamont Digital Systems, Inc., dba Gatehouse Networks. As Charter has explained, Charter is not opposed to a competitive marketplace, but does expect the City to be evenhanded in the definition of how service is to be delivered and the administration of the franchise provisions to all companies awarded such a franchise. e The proposed GateHouse document does address Charter's concern that every North Richland Hills resident should have access to competitive cable options, being able to choose to subscribe to any operator. Charter does expect that this requirement of access by all North Richland Hills residents extends to services like high speed cable modem service., The document is not clear. The proposed agreement contains a variety of requirements not present in the existing agreement with Charter. Their enforcement would be limited to Gatehouse operations and would require careful scrutiny by city staff when reporting citizen concerns to each company. Please advise the schedule for Council review and action. Thank you for your cooperation in this matter. Charter is pleased to continue to provide quality cable television and high-speed modem service to residents of North Richland Hills. Sincerely, ~\;v-L ~~,~ Sherry L. Germer Charter Communications e cc; Terry Kennedy, Charter Communications Trudi McCollum Foushee, Charter Communications ~ 4800 Qlue Mound Road. Fort 'North, Texas. 76106 www,charterCQm,com . tel: 8175096272 . fax 8175261259 . ORDINANCE NO. 2582 . AN ORDINANCE GRANTING A FRANCHISE TO LAMONT DIGITAL SYSTEMS, INC. DBA GATE HOUSE NETWORKS FOR USE OF PUBLIC RIGHTS-OF-WAY WITHIN THE CITY OF NORTH RICHLAND HILLS FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AL~D OPERATING A CABLE TELEVISION SYSTEM; REQUIRING EXECUTION OF A FRANCHISE AGREEMENT BETWEEN THE CITY OF NORTH RICHLAND HILLS AND LAMONT DIGITAL SYSTEMS, INC. DBA GATEHOUSE NETWORKS REGARDING CONDITIONS, AND REQUIREMENTS RELATED TO THE USE OF PUBLIC RIGHTS- OF-WAY WITHIN THE CITY OF NORTH RICHLAND HILLS AND TO THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A CABLE TELEVISION SYSTEM AND TO THE PROVISION OF CABLE SERVICES TO RESIDENTS AND BUSINESSES IN THE OF THE CITY OF NORTH RICHLAND HILLS AND TO REASONABLE COMPENSATION TO THE CITY OF NORTH RICHLAND HILLS FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. e The following statements are true and correct and constitute the basis upon which the City Council of the City of North Richland Hills ("City") has adopted this Ordinance: A. Lamont Digital Systems, Inc. dba Gatehouse Networks ("Company") wishes to construct a cable television system and to provide cable television services in the City of North Richland Hills. In accordance with the City Charter and ordinances of the City, Company has applied for a franchise from the City in order to carry out those purposes. B. Company is a corporation wholly owned by Lamont Digital Systems, Inc. Gatehouse Networks is wholly owned by Lamont Digital Systems, Inc. C. The City has reviewed Company's franchise application and determined that the granting of a franchise, on the terms and conditions set forth herein, will assist the cable-related needs and interests of the community, including, but not limited to, the provision of necessary competition in cable services and participation in the provision of valuable public, educational and governmental programming. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Ordinance e Section 1. The City hereby grants Company a Franchise to erect, construct, install and maintain a cable television system in, over, under, along and across the public rights-of-way · within the City of North Richland Hills and to transact business related to the provision of cable services over such cable television system subject to the executión by Company, Lamont Digital Systems, Inc. and GateHouse Networks of a Franchise A~reement in the form attached hereto as Exhibit 1, which is hereby made a part of this Ordinance for all purposes. Section 3. This Ordinance shall be in full force and effect following (i) its publication in accordance with the City Charter; (ii) its adoption by the City Council of North Richland Hills; and (iii) in accordance the execution of the Franchise Agreement attached hereto as Exhibit 1. ADOPTED: Date EFFECTIVE DATE: APPROVED AS TO FORM AND LEGALITY: By: e City of North Richland Hills e 2 · e e Exhibit A FRANCHISE AGREEMENT I The following statements are true and correct and constitute the basis upon which the City of North Richland Hills has executed this Franchise Agreement: A. The City Council of the City of North Richland Hills has adopted an ordinance that grants Lamont Digital Systems, Inc. dba GateHouse Networks a franchise to erect, construct, install and maintain a Cable Television System in, over, under, along and across the Public Rights-of-Way within the City of North Richland Hills and to transact business related to the provision of cable services over such Cable Television System ("Franchise Ordinance"), subject to the execution by Company, Lamont Digital Systems, Inc. and GateHouse Networks of this Franchise Agreement. B. In accordance with the Franchise Ordinance, Lamont Digital Systems, Inc. and GateHouse Networks desires to enter into this Franchise. Lamont Digital Systems, Inc. consents to GateHouse Networks entering into this Franchise and desire, jointly and severally, to guarantee unconditional performance by GateHouse Networks of its duties and obligations under this Franchise Agreement. Agreement 1. DEFINITIONS. Capitalized terms used in this Franchise and not otherwise defined within this Franchise shall have the following meanings: Act shall mean the federal Cable Television Communications Act, as amended. Affiliate means any other Person controlling, controlled by or under common control with Grantee, where "control" means the possession, directly or indirectly, of the power to direct and control the management and policies of Grantee or a Person whether through the ownership of voting securities, by contract or otherwise. For purposes of this definition, "Person" means an' individual, a partnership, a corporation, an association, a limited liability company, a joint stock company, a trust, a joint venture, an unincorporated organization or any other entity (including, without limitation, any governmental entity or any department, agency or political subdivision thereof). Cable Business shall mean the provision by Company of Cable Services solely by means of Company's Cable Television System. Page 1 Exhibit "A" Cabled Franchise Agreement with Lamont Digital Systems dba GateHouse Networks . Cable Services shall mean Cable Services as defined in the federal Cable Television Communications Act as amended and for purposes of clarity, but not to expand or reduce the definition, shall include the following: · The one-way transmission to subscribers of (i) Video Programming or (ii) other programming services, such as digital audio, by which is meant infonnation which Company makes available generally to all subscribers of Company's Cable Services, such as digital cable radio service; and · Subscriber interaction, if any, including, but not limited to, that which is used for the selection or use of (i) Video Programming or other programming services; (ii) various on-screen options; (iii) Enhanced Cable Services; (iv) game channels; and (v) interactive services, such as the ordering of merchandise and the downloading of programs or data access; and · Enhanced Cable Services as described in "Exhibit B" of this document and incorporated herein; and . Institutional Network Services. e Cable Television System or System shall mean Cable Televisions System as defined in the federal Cable Television Communications Act, and for purposes of clarity, but not to expand or reduce, shall include the following: a facility consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide Cable Services which are provided to multiple subscribers within the City, but shall not include (i) a facility that serves only to re-transmit the television signals of one or more television broadcast stations; (ii) a facility that serves subscribers without occupying any portion of the Public Rights-of- Way; (iii) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Act, except that, other than for purposes of Section 621(c) of the Act, such a facility shall be considered a Cable Television System to the extent that such facility is used in the transmission of Video Programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; (iv) an open video system that complies with Section 653 of the Act; or (v) any facilities of any electric utility used solely for operating its electric utility systems. Company shall mean Lamont Digital Systems, Inc., GateHouse Networks, and its affiliates. City shall mean the area within the corporate limits of the City of North Richland Hills, Texas. e Complaint shall mean a telephone call or written communication from a customer notifying Company of a problem relating to Company's billing or billing Page 2 Exhibit "An Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · practices, Company's equipment, picture quality, failure to receive one or more channels or services, a change in Company's practice or policy, Company advertising or other business practice, the conduct of a Company employee or contractor, or the failure of Company or a service representative to comply with customer service regulations. Drop shall mean the cable or wire that connects the distribution portion of Company's Cable Television System to a customer's premises. Enhanced Cable Services shall mean (i) infonnation services; (ii) Internet protocol (lP) telephony; (iii) high speed data service; (iv) Internet access and Internet service, such as that of an Internet service provider; and (v) all services described in "Exhibit B" of this document and incorporated herein. Facilities shall mean all duct spaces, manholes, poles, conduits, underground and overhead passageways, and other equipment, structures and appurtenances and all associated transmission media in the Public Rights-of-Way used by Company in the provision of Cable Services. e Franchise shall mean the authorization issued to Company by the City for the construction and operation of Company's Cable Television System within the City of North Richland Hills, pursuant to and in accordance with the Franchise Ordinance and this Franchise Agreement. FCC shall mean the Federal Communications Commission. e Gross Revenue shall mean all of the amounts earned or accrued by Company, or by an entity in any way affiliated with Company, in whatever fonn and from all sources which are in connection with or attributable to (i) the operation of the Cable Television System within the City's corporate limits for the provision of services authorized by this Franchise Agreement or (ii) Company's provision of Cable Services within the City's corporate limits. Gross Revenue shall include, but not be limited to, all subscriber and customer revenues earned or accrued net of bad debts, including revenues for (i) basic cable services; (ii) additional tiers of service; (iii) premium services; (iv) pay-per-view programs and services; (v) program guides; (vi) cable modem, high speed data, IP telephony and Internet access and services (but not including any revenue collected on behalf of or paid over to any unaffiliated third party directly providing Internet-related services through the System); (vii) enhanced cable services; (viii) fees for the installation or disconnection of Cable Services; (ix) fees for service calls; (x) fees for the provision, sale, rental or lease of converters, remote controls, additional outlets and other customer premises equipment; (xi) revenues from the use of leased access channels; (xii) advertising revenues from the Cable Television System; and (xiii) revenues, commissions and other sums received as compensation from home shopping programming and other entities providing programming used on the System. Page 3 Exhibit "An Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · Institutional Network or I-NET shall mean the fiber optic communications network described in Sections 5.3 et seq., 5.4 ah,d Exhibit "B" to be constructed and operated by Company for the provision of Institutional Network Services to 1- NET Users. Institutional Network Services shall mean the provision of usable bandwidth capacity to I-NET Users through fiber optic lines for applications including, but not limited to, (i)two-way dedicated voice, data, video and telephony channels connecting and interconnecting facilities owned, leased or used by the City, schools, counties, road commissions or other units of state or local government; (ii) interconnection of facilities serving police, fire and other public safety systems; (iii) interconnection of libraries and other government buildings for the one-way or two-way interchange of video signals; and (iv) local area networks or wide-area networks connecting governmental buildings, such as for geographical infonnational systems purposes. I-NET User shall mean the City and any school or unit of state or local government designated by the City to receive Institutional Network Services under this Franchise Agreement. e Normal Operating Conditions shall mean those service conditions which are within the control of Company. Those conditions which are not within the control of Company include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are within the control of Company include, but are not limited to, special promotions, pay-per-view events, rate increases, regular or seasonal demand periods, changes in the billing cycle, changes in the fonn of bills and other billing matters, changes in channel lineups or services that are within Company's control, and repairs, rebuilds, maintenance and upgrade of the cable system including computer software and hardware. PEG Channels shall mean the public channels, educational channels and government channels, including leased access channels, provided by Company on its Cable Television System under Section 5.1 et seq. of this Franchise Agreement. PEG User shall mean a person or entity authorized to operate or use a PEG Channel, including the City. If several persons or entities share in the operation of a PEG Channel, each such person or entity shall be a separate PEG User. Public Rights-of-'Way shall mean all dedicated public streets, highways, alleys and rights-of-way in the City, but shall not include any property of the City that is not a dedicated public street, highway, alley or right-of-way. e Remote Signal Input Points shall mean Signal Input Points for PEG programming that are used intennittently (but repeatedly) from the same location, such as, by way of Page 4 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · example only and without limitation, from a community center or a high school football field. Service Area shall mean the City of North Richland Hills. Signal Input Points shall mean the facilities that connect a Signal Input Point Site to Company's System and thereby provide the connection by which I-NET Users provide their programming to Company for immediate retransmission to subscribers. Telecommunications Service shall mean the offering of any type of telecommunications service, other than Cable Services, to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used, by means of the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. e Transfer or Transferred shall mean, in addition to supplements set forth in Section 14 of this Franchise, (i) any form of sale, conveyance, assignment, lease, sublease or merger involving Company as to this Franchise or the Cable Television System or (ii) any change in the effective control of Company, such as, by way of example only, that described in 47 C.F.R. § 76.501 et seq. and the notes thereto. Video Programming shall mean programming provided by, or generally considered comparable to programming provided by, a television broadcast station. 2. GRANT OF RIGHTS. 2.1. General Use of Public Rights-of-Way for Provision of Cable Services. - Subject to the terms and conditions set forth in this Franchise Agreement and the City Charter and ordinances, the City hereby grants Company the right to erect, construct, install and maintain a Cable Television System in, over, under, along and across the Public Rights-of-Way within the City of North Richland Hills, and to provide Cable Services and transact a Cable Business in the City. Company shall build the System in accordance with the construction schedule set forth herein in section 2.2.1. of this document. Company hereby acknowledges and agrees that this Franchise Agreement does not allow Company to provide any Telecommunications Service in or through the City using Public Rights of Way. If Company or an Affiliate of Company contends that Company or an Affiliate of Company is permitted or intends to provide any Telecommunications Service in or through the City using Public Rights of Way, Company shall first notify the City in writing and shall obtain a franchise or other permit or agreement for the use of the Public Rights-of-Way, if required by the City. Page 5 Exhibit "An Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · 2.2.~. 2.2.1. Construction and Installation. Company shall initiate construction of the system within 90 days after approval of this agreement by the City. 2.2.3 Line Extensions To provide for a reasonable and nondiscriminatory policy governing extensions of cable service with the City, which policy was subject to public review in the public proceeding leading to the award of this Franchise, Company shall extend service to new subscribers, at the normal installation charge and monthly rate for customers of that classification, under the following terms and conditions. (a) Where the new subscriber, or nearest subscriber of a group of new subscribers is located within 2~0 feet of existing trunk cable; and (b) Where the number of homes to be passed ,by such new extension cable plant exceeds or equals 40 homes per mile of such new extension cable plant. e (c) In the event the requirements of subsections (a) and (b) are not met, the installation cost per subscriber shall be determined as set forth in Exhibit "D" attached hereto. 2.3. Nonexclusive. This Franchise and all rights granted to Company herein are strictly nonexclusive. The City reserves the right to grant other and future Cable Television System franchises to other persons and entities as the City deems appropriate. This Franchise does not establish any priority for the use of the Public Rights-of-Way by Company or by any present or future franchisees or other permit holders. In the event of any dispute as to the priority of use of the Public Rights-of-Way, the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter, as between franchisees and other permit holders, as determined by the City in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas. City may at any time grant authorization to use the public rights of way for any purpose and for such additional lawful licenses and franchises for cable systems and cable services as City deems appropriate. e 2.4. Other Permits. Page 6 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks e This Franchise does not relieve Company of any obligation to obtain permits, licenses and other approvals from the City necessary for the construction, repair or maintenance of the System or the provision of Ca~le Services. 2.5. Bonds. 2.5.1. During Construction of the Svstem. e Prior to the initiation of construction on Company's Cable Television System and for the duration of the scheduled construction period outlined in Exhibit "A", Company, at Company's sole cost and expense, shall obtain, deliver to the City and maintain the following bonds, executed by a corporate surety authorized to do business in the State of Texas and acceptable to the City: (i) a performance bond in the amount of One Hundred Thousand Dollars ($100,000.00) that guarantees satisfactory compliance by Company with all requirements, terms and conditions of this Franchise, including, but not limited to, recovery by the City of any damages, losses, costs and expenses sustained or suffered by the City due to Company's failure to construct and activate its Cable Television System in a satisfactory and timely manner and in accordance with this Franchise and (ii) a payment bond that guarantees full payments to all persons, firms, corporations or other entities with whom Company has a direct relationship pertaining to the construction of its Cable Television System. Upon full completion of the Cable Television System and complete payments to all persons, firms, corporations or other entities with whom Company has or had a direct relationship pertaining to the construction of its Cable Television System, Company shall notify the City in writing and, after receiving the City's written approval, which shall not be unreasonably denied or withheld, Company shall no longer be required to maintain these bonds. 2.5.2. After Completion of Construction of System. e After Company has completed its Cable Television System, Company shall be required to obtain, deliver to the City and maintain bonds as follows: Prior to the commencement of any construction work in the Public Rights-of-Way in the City that requires a cut, opening or other excavation, Company shall deliver to the City bonds executed by a corporate surety authorized to do business in the State of Texas and acceptable to the City in the same amount as the full cost of work under the construction contract or construction project that will be performed in the City's corporate limits. The bonds shall guarantee (i) satisfactory compliance by Company with all requirements, terms and conditions of this Franchise Agreement and (ii) full payments to all persons, firms, corporations or other entities with whom Company has a direct relationship for the performance of such construction, maintenance or repairs. Page 7 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · e e 2.5.3. Required of Company's Contractors. If any construction, maintenance and repair work is undertaken by a contractor of Company on or to Company's Cable Television System, either during or after completion of the System, Company shall require such contractor to deliver to Company bonds in the same amount as the full cost of work under the construction contract or construction project that will be perfonned by the contractor in the City's corporate limits. The bonds shall guarantee (i) the faithful perfonnance and completion of all construction, maintenance or repair work in accordance with the contract between Company and the contractor and (ii) full payment for all wages for labor and services and of all bills for materials, supplies and equipment used in the perfonnance of that contract. Such bonds shall name both the City and Company as dual obligees. 2.5.4. General Requirements for All Bonds. All bonds required hereunder shall be in a fonn approved by the City and executed by a corporate surety authorized to do business in the State of Texas and acceptable to the City. In addition, all bonds required hereunder shall be endorsed to provide that such bonds shall not be canceled or non-renewed by the surety without at least sixty (60) days' advance written notice to the City 3. FEES AND PAYMENTS TO CITY. 3.1. Franchise Fee. Company shall pay the City throughout the tenn of this Franchise an amount equal to five percent (5%) of Company's Gross Revenue ("Franchise Fee"). 3.1.1. When Due. Company shall pay the Franchise Fee to the City on a calendar quarterly basis. The Franchise Fee shall be due within thirty (30) days following the last day of each quarter. 3.1.2. Accompanying Report. Company shall submit with its Franchise Fee payment a written report in a fonn acceptable to the City and verified by an officer of the Company that summarizes Company's Gross Revenue for the previous quarter and computes the amount of the Franchise Fee due the City for that quarter. 3.1.3. Audits. Page 8 Exhibit "An Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · The City may audit Company at any time to verify the accuracy of Franchise Fees paid to the City. Company shall pay any additional amounts due the City as reported in any City audit with,in thirty (30) days following the City's submission to Company of an invoice for such sum. If this amount exceeds ten percent (10%) of the Franchise Fee which the audit shows should have been paid to the City for the period in which the audit covered, Company shall pay the City's costs for the audit. Otherwise, the City shall pay its own costs for the audit. 3.1.4. Allocation for Bundled Services. e If Company bundles, ties or combines Cable Services (which are subject to the Franchise Fee under this Franchise) with any service other than Cable Services or Telecommunications Service ( a "Non-Cable Service") (which are not subject to the Franchise Fee under this Franchise) and assesses a subscriber only one fee, the combined revenue therefrom shall be allocated to Cable Services to the full extent which would have been charged by Company if the subscriber had received only Cable Services. In no event shall the amount allocated to Cable Services under the foregoing calculation exceed (i) the total amount of combined revenue actually received by Company (in which case Section 3.1.5 shall apply) or (ii) the net revenue derived when mandatory tariff rates (if any) imposed by a governmental authority for components of the bundled, tied or combined services are deducted from the combined revenue. Notwithstanding any interpretation to the contrary, this Franchise does not authorize Company to vary or alter any payments or amounts of compensation to the City which may be dictated by another franchise, ordinance, agreement or by applicable law and are related to use of the Public Rights-of-Way in the provision of non-Cable Services in the City. 3.1.5. Allocation for Discounted Services. e If Company offers its subscribers any kind of discount if such subscribers receive both Cable Services (which are subject to the Franchise Fee under this Franchise) and Non-Cable Services (which are not subject to the Franchise Fee under this Franchise), the discount shall be applied proportionately to Cable Services and non-Cable Services. For example, assume that a subscriber's monthly charge for Cable Services alone would be $40; for a Non-Cable Service alone, $30; and for another Non-Cable Service alone, $30, for a total of $100. If Company offers a single rate to the subscriber for taking all three services from Company that, in effect, amounts to a twenty percent (20%) discount from the rates that would apply to the services if purchased individually, the aggregate discount in this example is $20. For computation of the Franchise Fee, that $20 discount would be applied pro rata so that Gross Revenue hereunder would be deemed to be $32 (a 20% discount from the $40 fee for Cable Services). The result would be the same if Company offers a specific dollar discount for any services provided, such as, for example, a $20 discount for a Non-Cable Service Page 9 Exhibit "An Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · offered on the condition that the subscriber also take Cable Services at the standard $40 rate. 3.2. Other Payments. In addition to the Franchise Fee, Company shall pay the City all sums which may be due the City for property taxes, license fees, permit fees, or other taxes, charges or fees that the City may from time to time impose. Company shall reimburse the City for publication of this Franchise as required by the City's Charter, any fees due the City under any other laws including but not limited to access line fees due the City under Chapter 283 of the Local Government Code, and attorney fees incurred by the system relating to the approval of this document not to exceed $10,000. 3.3. Interest. All sums not paid when due shall bear interest at the rate of ten percent (10%) per annum or the maximum amount allowed by law, whichever is less, computed monthly. If such outstanding sums are paid with interest within thirty (30) days following their respective due dates, Company's failure to pay such sums by their respective due dates shall not, in and of itself, constitute an Event of Default under Section 15 of this Franchise Agreement. e 3.4. Letter of Credit. Within thirty (30) days following the Effective Date of this Franchise, Company shall provide the City with a Letter of Credit in favor of the City in the amount of Twenty Five Thousand Dollars ($25,000) issued by a financial institution in the City's corporate limits and in a form acceptable to the City. This Letter of Credit shall serve a security to the City for the faithful performance by Company of the provisions of this Franchise. The Letter of Credit shall provide that the City may draw down an amount owed by Company to the City under the provisions of this Franchise or applicable law by presenting the issuer with (i) a written statement, signed by the City Manager, that sets forth the basis of the City's demand and contains an appropriate reference to the applicable law, ordinance or Franchise provision under which the City is due the sum demanded and (ii) a copy of the Letter of Credit. Company shall keep in effect and maintain this Letter of Credit at the amount specified herein at all times during the term of this Franchise and for at least six (6) months following any revocation, termination or expiration of this Franchise. The Letter of Credit shall provide that the Letter of Credit shall not expire and that the issuer shall not cancel the Letter of Credit unless the issuer provides written notice to the City in advance of such expiration or termination. 4. TERM e This Franchise shall become effective on the Effective Date, as established in the Franchise Ordinance, and shall remain in effect for ten (10) years, expiring at 11 :59 P.M. on the tenth anniversary of the Effective Date. This Franchise and all rights of Company hereunder Page 10 Exhibit "Au Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · shall automatically tenninate upon the expiration of this Franchise. The City or Company, at either party's option, may reopen this Franchise within six (6) months following the date of adoption of federal or state legislation or FCC rules or reÉiulations if such affect the City's ability to (i) regulate rates for any Cable Services provided by Company or (ii) protect subscribers within the City on matters such as customer service or consumer protection. This Franchise may not be reopened for any reason other than as set forth in the immediately preceding sentence. 5. ACCESS TO THE SYSTEM. 5.1. PEG Channels. Subject to the City's rights to require additional PEG Channels and to Company's obligation to reallocate PEG Channels in order to accommodate a conversion to HDTV, as provided by Section 5.5 of this Franchise, Company shall provide non-commercial PEG Channels on its System in the basic or lowest tier of service as follows: 5.1.1. Educational Channels. Company shall designate Channels 43 and 50 as educational channels for use by educational entities located in the city limits of North Richland hills as designated by the City in the City's sole discretion. e 5.1.2 Government Channels. Company shall designate Channels 7 as a government channel administered by the City for programming provided by the City, a designee of the City or such other units of state or local government as the City may appoint from time to time. Company agrees to pay $1.00 per subscriber per month to the City to fund the City's Government channel. Company may cease payment of this fee if, upon renewal of the franchise agreement with the current cable operator in 2007, the current cable operated does not agree to such a fee. 5.1.4. PEG Programming Support. The City already owns and operates its own community access studio and produces programming for the Government channel on its own or on its behalf. Federal law allows the City to require a cable operator to provide facilities for Government programming. In accordance with these Federal Laws, Company will provide the facilities and equipment necessary to insure the provision of the educational and governmental channels on the Cable System. 5.1.5. Allocation of PEG Channels. e Upon at least six (6) months' advance written notice to Company, the City may allocate or reallocate the usage of the PEG Channels among and between different uses and users of such PEG Channels, including, but not limited to, the City's removing a PEG Channel or a user of a PEG Channel; replacing a PEG Page II Exhibit "An Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · Channel or a user of a PEG Channel; requiring several different users to share or jointly use a given PEG Channel; or allowing one or more PEG Users currently sharing a PEG Channel to have a PEG Channel in which they are the sole User. I 5.1.6. Temporarv Additional PEG Channels, After the date on which Company begins to provide at least fifty (50) channels in a high definition television format (or technological successor thereof), Company shall provide, upon written request by the City, one additional PEG Channel so as to allow, to the extent deemed appropriate by the City, PEG Channel simulcasting in both 6 MHz analog NTSC format and in an HDTV format. If Company ceases to provide any channel of programming on its System in 6 MHz NTSC analog format, Company shall not be required to provide such additional PEG Channel. 5.2. Interconnection. e Upon written request by the City, Company shall promptly initiate work to interconnect its System with other Cable Systems or open video systems in any portion of the City or contiguous communities in order to transmit, receive and exchange programming with such systems or the entities operating PEG Channels on such systems. In the event of any dispute between Company and a person or entity operating any other Cable System or open video system with regard to the costs of such interconnection, Company, the person or entity with whom Company has a dispute and the City shall meet in good faith in an attempt to resolve the dispute. 5.3. Institutional Network. Company, at no cost to the City, I-NET Users or subscribers, shall provide, construct, operate and maintain an Institutional Network (excluding coders/decoders, interface and other terminal equipment which will be supplied by I-NET Users) that will provide I-NET Users within the City of North Richland Hills with Institutional Network Services in accordance with the provisions and conditions set forth herein. The I-NET shall include 0.3 sheath miles of fiber optic cable per 100 customers, which is proportionally equal to the amount provided by the current cable operator that will include but not be limited to connecting the new Library and Recreation Center to be constructed in the Home Town NRH Development to the City's existing fiber optic network. Upon approval by the City and as outlined per a written agreement between City and Company, Company shall make payment to the City equal to the cost of installing 0.3 sheath miles of fiber optic cable per 100 customers in lieu of I-NET installation. Unless the City agrees otherwise in writing with Company, the I-NET, including the individual fiber optic fibers constituting all or any portion of the I-NET, shall be owned by the City and maintained by Company but provided for the sole and exclusive use ofI-NET Users. e 5.4. Incremental I-NET Fiber. Page 12 Exhibit "AU Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · Company shall install and tenninate an additional fiber optic pair ("Incremental I-NET Fiber") in Company's future new and replacement fiber optic installations for use as an I-NET in the following manner: I 5.4.1. Additional Facilities. The City will infonn Company in writing from time to time of any city buildings, facilities, traffic control devices and non-profit educational institutions that the City would like to have served by an I-NET ("Additional I-NET Locations"). Company will use such infonnation in its plans for future fiber optic installations, where, for example, one routing will pass a facility the City would like to have served and another routing of comparable cost would not. 5.4.2. Notices to Proceed. e As to any route where the City has requested a conceptual cost estimate, Company shall provide the City with the final cost estimate of installing Incremental I-NET Fiber, and other infonnation that the City may reasonably require, as soon as Company's design of the fiber for such route is reasonably complete. The City will have thirty (30) days following receipt of the final cost figure to notify Company to install Incremental I-NET Fiber. All Incremental 1- NET Fiber and all Additional I-NET Sites served by Incremental I-NET Fiber shall be defined and treated as part of the I-NET under this Franchise Agreement for all purposes. 5.4.3. Installation Costs. The cost of the installation of Incremental I-NET Fiber shall be computed on an incremental basis, meaning the cost to Company of constructing and installing fiber on a given route with the Incremental I-NET Fiber less the cost to Company of constructing and installing fiber on a given route without the Incremental I-NET Fiber. 5.5. HDTV. e Broadcast and cable channels are likely to convert in whole or in part to a high definition television ("HDTV") fonnat during the tenn of this Franchise. Channels will likely be delivered in both HDTV and conventional analog fonnats during a transition period prior to the expected total conversion to HDTV in 2006. This Section 5.5 and the provisions that follow are intended to (i) provide for additional PEG Channels so that during the aforementioned transition period these Channels will be available in both HDTV and conventional fonnat, thereby enabling subscribers to receive PEG Channels regardless of whether they have an HDTV or a conventional television set; (ii) allow a reallocation of PEG Channels and PEG User to aid in the preceding subsection (i); and (iii) provide funds for PEG Users to convert their facilities to an HDTV fonnat. Page 13 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · 5.5.1. Reports. , Company shall provide the City with quarterly reports that outline Company's plans and progress for HDTV conversion, including, but not limited to, the number of channels to be converted, the date(s) of conversion, equipment changes, fonnats to be used and other infonnation reasonably necessary for the City to be able to plan an appropriate and potentially concurrent conversion of PEG Channels and facilities to HDTV fonnat. 5.5.2. Grant/Conversion. e After the date that Company provides at least five (5) channels in one or more of several HDTV or successor fonnats, as such fonnats may from time to time be adopted or in effect ("HDTV Format"), upon written request by the City, Company shall provide the City with a grant to the City that is sufficient for 1- NET Users and PEG Users to convert all their capital facilities, including, but not limited to, video, audio, lighting, control, storage and editing equipment, studios and vans, to HDTV fonnat that is compatible with the fonnat employed by Company. Such grant shall not exceed 30 cents per customer per month v,:hen amortized over the number of subscribers as of the end of the calendar quarter preceding the date when the grant is made, using straight line amortization without interest for ten (10) years. (For example, if there were one thousand (1,000) subscribers at the time, the maximum grant would be .30 (maximum amount per subscriber) x 12 (per month) x 1,000 (number of subscribers) x 10 (number of years amortized) = $36,000). The City shall allocate the grant among I-NET Users and PEG Users for HDTV conversion purposes as the City, in the City's sole discretion, deems is in the public interest.) 5.5.3. Temporarv Additional PEG Channels. After the date that Company provides at least five (5) channels in HDTV Fonnat, the City may from time to time request, and Company shall provide, one (1) additional PEG Channel so as to allow, to the extent deemed appropriate by the City, PEG simulcasting in both 6 MHz analog NTSC fonnat and in an HDTV Fonnat. Company shall not be required to continue to provide such additional PEG Channel when Company ceases to provide any channel of programming on its System in 6 MHz NTSC analog fonnat. 5.6. Open Broadband Access. e Company shall provide nondiscriminatory access to Company's cable modem platfonn for providers of Internet and on-line services, whether or not such providers are affiliated with Company, subject to (i) the availability of bandwidth and (ii), at Company's request, execution by any such provider of a reasonable written agreement with Company pertaining to such access. Company shall (i) comply with all Page 14 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · e e requirements of this Franchise regarding Cable Services in the provision of Internet and on-line services; (ii) include revenues from Internet access and cable modem services as part of Company's Gross Revenue for purposes I()f this Franchise; and (iii) comply with any applicable commercial leased access requirements that may be established by an applicable law, rule or regulation. 6. USE OF PUBLIC RIGHTS-OF-WAY. 6.1. No Undue Burden. The System shall not be erected, installed, constructed, repaired, replaced or maintained in any manner that places an undue burden on the present or future use of the Public Rights-of-Way by the City and the public. If the City, in its sole and reasonable judgment, determines that any portion of the System does place an undue burden on a portion of the Public Rights-of-Way, Company, at Company's sole cost and expense and within a reasonable time period specified by the City, shall modify the System or take other actions determined by the City to be in the public interest to remove or alleviate the burden. 6.2. Minimal Interference. The System shall be erected and maintained in a manner that causes minimal interference with the public's use of the Public Rights-of-Way and with the rights or reasonable convenience of the owners of property which adjoins any of the Public Rights-of-Way. 6.3. Parallel Installation. All cables, wires and other similar Facilities shall be installed parallel with existing telephone and electric utility wires whenever possible. Multiple cable configurations shall be in parallel arrangement and bundled in accordance with engineering and safety considerations and all applicable laws, ordinances, rules and regulations. 6.5. Marking of Facilities. Company's underground Facilities shall have (i) a conducting wire placed in the ground at least several inches above Company's cable if such cable is non-conductive and (ii) a continuous colored tape at least eighteen (18) inches above Company's cable that contains a statement to the effect that there is buried cable below and provides Company's name and a toll-free number that a party may call for assistance. 6.6. Directional Borings. Page 15 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · Whenever Company places the System or any other Facilities beneath the traveled or paved portion of a Public Right-of-Way, unless otherwise approved in writing by the Director of the City's Public Works Department, Company shall do so by directional boring and not by excavation of a trench. Company shall notify the Director of the City's Public Works Department at least five (5) business days prior to its making a directional bore underneath any Public Right-of-Way. At the City's request and in accordance with the City's instructions, Company will increase the size of the directional bore. In such an event, the City shall (i) pay only the incremental cost incurred by Company in enlarging the directional bore and (ii) have the exclusive right to use the additional space or capacity created by the increased size of the directional bore without additional charge or expense. 6.7. Pavement Cut Coordination. Company's activities within the Rights-of-Way of the City shall be in compliance with City's Construction in the Public Rights-of-Way Ordinance (Ordinance #2464, or as it is amended from time to time). 6.8. Use of Easements. e In using utility easements that cross privately-owned property, Company shall, without limitation, (i) ensure the safety, functioning and appearance of the property and the convenience and safety of other persons are not adversely affected by the installation or construction of Facilities necessary for the System; (ii) pay all costs and expenses incurred in or related to the installation, construction, operation or removal of such Facilities; and (iii) justly compensate property owners for any damages caused by the installation, construction, operation or removal of such Facilities. 6.9. Restoration of Public Rights-of-Way. Company, at Company's sole cost and expense, and in a manner approved by the City, shall promptly restore any portion of the Public Rights-of-Way that are in any way disturbed or damaged by the construction, operation, maintenance or removal of the System to, at Company's option, as good or better a condition as such property was in immediately prior to the disturbance or damage. Company shall diligently commence such restoration within fifteen (15) calendar days following the date that Company first became aware of the disturbance or damage or, if the System is being removed, within fifteen (15) calendar days following removal of the System. 6.10. Joint Use. e Company, at no charge, shall permit the joint use of its poles, conduits and Facilities located in the Public Rights-of-Way by facilities owned by a City-owned utilityor by the City (the "City Owned Facilities"); provided that (i) the services provided by the City Owned Facilities are not Cable Services and (ii), Company may require the City to remove City Owned Facilities (i) if, and to the extent the installation, operation or Page 16 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks e maintenance of the City Owned Facilities interferes with the installation, operation or maintenance of the System and (ii) following at least ninety (90) calendar days' advance written notice. 6.11. Relocation of Facilities. Company, at Company's sole cost and expense and within a reasonable time frame prescribed by the City, shall protect, support, disconnect, relocate or remove from the Public Rights-of- Way any portion of the Facilities when required by the City due to street or other public excavation, construction, repair, grading, regrading or traffic conditions; the installation of sewers, drains, water pipes or municipally-owned facilities of any kind; the vacation, construction or relocation of streets or any other type of structure or improvement of a public agency; or any other type of improvement necessary for the public health, safety or welfare. 6.12. Temporarv Relocation of Facilities. e Upon advance notice of at least fifteen (15) business days, Company shall temporarily raise or lower its wires, cables or other equipment upon the reasonable request of any person or entity, including, but not limited to, a person or entity with a building moving permit issued by the City. Company may charge a reasonable fee for this service, but such fee shall not exceed the actual and direct costs incurred by Company in the temporary relocation of such Facilities. 6.13. Removal of Obsolete Facilities. Company shall promptly remove all obsolete or unused Facilities in the City. When Company opens a trench, accesses a conduit or boring, it shall remove or have removed all unusable and/or inactive Facilities from those locations unless otherwise approved by the City. When Company opens a trench or access to borings, it shall notify all other owners of facilities in or at such locations so that they may remove their obsolete facilities or install new facilities while the trench or access to borings is open. If Company receives notification from another entity that the entity is opening a trench or access to borings, Company shall remove all of its obsolete Facilities from such location while the trench or access to borings is open. 6.14. Removal of System. e Upon the revocation, termination or expiration without extension or renewal of this Franchise, Company's right to use Public Rights-of-Way under this Franchise shall cease and Company shall immediately discontinue the provision of Cable Services in the City and the use of the System. Within six (6) months following such revocation, termination or expiration and in accordance with directions from the City, Company shall remove the System, including, but not limited to, all supporting structures, poles, transmission and distribution systems and other appurtenances, fixtures or property from the Public Rights-of-Way. If Company has not removed all Facilities from the Public Page 17 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks e Rights-of- W ay within six (6) months following revocation, termination or expiration of this Franchise, the City may deem all of Company's Facilities remaining in the Public Rights-of- Way abandoned and, at the City's sole/option, (i) take possession of and title to such property or (ii) take any and all legal action necessary to compel Company to remove such property. Within six (6) months following revocation, termination or expiration of this Franchise, Company shall also restore any property, public or private, that is disturbed or damaged by removal of the System. If Company has not restored all such property within this time, the City, at the City's sole option, may perform or have performed any necessary restoration work, in which case Company shall immediately reimburse the City for any and all costs incurred in performing or having performed such restoration work. 7. CUSTOMER SERVICE AND CONSUMER PROTECTION. 7.1. General Standards. Company shall comply with the more stringent of the customer service and consumer protection provisions of (i) this Franchise or (ii) the FCC, as may be set forth from time to time in FCC rules and regulations, such as the current FCC Rule 76.309. e 7.2. Scrambling/Blocking. If at any time the System operates at 860 MHz, Company shall at all times scramble both the audio and video portions of all channels with predominately adult- oriented programming. Upon request by a subscriber, Company shall entirely block such subscriber from receiving both the audio and video portion of any channel with predominantly adult-oriented programming with devices, such as, by way of example, notch filters, which prevent the frequencies containing a specific channel or channels from being transmitted into the subscriber's premises. 7.3. Pay Per View Options. Subscribers shall be given the option of (i) not having pay per view or per program service available at all or (ii) only having such services provided upon the subscriber's provision of a security number selected by an adult representative of the subscriber. 7.4. Customer Notifications. - Company shall provide all subscribers with written information on at least each of the following matters: (i) products and services offered; (ii) prices (rates) and options for Cable Services and the conditions of a subscription to such Cable Services, including, but not limited to, prices for programming, equipment rental, program guides, installation, disconnection, processing charges for late payment and other fees charged by Company; Page 18 Exhibit "An Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · (iii) Company's installation and service maintenance policies; (iv) Instructions on how to use Cable Services, including procedures and options for pay per view, premium channels and connection to a VCR; (v) channel positions of programming carried on the System, including a listing specific to the City showing the channel names and numbers actually available to subscribers in the City; (vi) billing and Complaint procedures with a notice for a subscriber to contact Company initially with Complaints and questions; (vii) applicable privacy requirements as set forth in this Franchise or provided for by law; (viii) the availability of lockout devices and the ability to have a channel entirely blocked or trapped; and (ix) the procedure for resolving signal quality problems as set forth in Section 10.3. Company shall provide such written information to subscribers (i) at the time of installation or reinstallation of service; (ii) annually to all subscribers, and (iii) at any time upon request of a subscriber or the City. The information shall be dated with the printing, revision, or effective date. 7.5. Notifications Pertaining to Cable Services-related Changes. e Company shall notify subscribers of any changes in rates, Cable Services or channel positions as soon as possible through announcements on the cable system or in writing. Company will provide written notice of such changes to the City in advance of its notifying subscribers and will make every effort to notify the City forty-five (45) days in advance of any such change. Unless a longer time period is required by applicable law or regulation, notice must be given to subscribers a minimum of thirty (30) days in advance of the implementation of any such change if the change is within the control of Company and as soon as possible if the change is not within the control of Company. In addition, Company shall notify subscribers and the City at least thirty (30) days in advance of any significant changes in the matters covered in Section 7.4. 7.6 Telephone Service Standards. 7.6.1. Company shall have a local or toll-free telephone number available for use by subscribers toll-free twenty-four (24) hours per day, seven (7) days per week. 7.6.2. The local or toll-free numbers shall be listed, with appropriate explanations, in the directory published by each local telephone company and in any significant directories published by others. 7.6.3. Trained Company Representatives shall be available to respond to subscriber telephone inquiries twenty-four (24) hours per day, seven (7) days per week. e 7.6.3.1. As to video service matters, the term "Trained Company Representatives" shall mean employees of, or contractors to the, Company who have the authority and capability while speaking with a subscriber to, among other things, answer billing questions, adjust bills, and schedule service and installation calls. Page 19 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · e e 7.6.4. Under Normal Operating Conditions, telephone answer time by a Trained Company Representative, including wait time, shall not exceed thirty (30) seconds from when the connection is made. If the call needs to be transferred, the time to complete the transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety percent (90%) of the time under Normal Operating Conditions, measured on a quarterly basis. 7.6.5. Under Normal Operating Conditions, the subscriber shall receive a busy signal less than three percent (3%) of the time, measured on a quarterly basis. 7.7. Company Office. Company shall maintain a physical office within the City of North Richland Hills, which shall include a place where subscribers may pay their bills, pickup and return converter boxes and comparable items and receive information on Company and its services. The offièe shall be open at least from 8:00 A.M. to 6:00 P.M. Monday through Friday and 9:00 A.M. to 1:00 P.M. on Saturdays. 7.8. Standards for Installations and Service Calls. Company shall meet the following standards for installations and service calls not less than ninety-five percent (95%) of the time, measured on a quarterly basis: 7.8.1. Installations Made within Seven Business Days. Under Normal Operating Conditions, installations shall be performed within seven (7) business days after an order has been placed. 7.8.2. Installation/Service Calls The following shall apply to subscribers (current or new) requesting installation or service: (a) Installations and service calls shall be available at a minimum from 8 AM to 7 PM Monday through Saturday. Company shall at the subscriber's option either (1) schedule the subscriber to be the first call of the day or last call of the day on a first come, first served basis, (2) schedule the appointment for a date certain on a "call to meet" basis where as the service technician finishes hislher prior task, the technician calls the subscriber and arranges to meet the subscriber shortly thereafter, or (3) establish an appointment window of no more that three (3) hours with the subscriber (or adult representative of the Page 20 Exhibit "An Cable Franchise with Lamont Digital Systems Inc, dba GateHouse Networks · subscriber) or another appointment window mutually agreed upon between the subscriber and Company. , (b) Company shall respond to the request for service in accordance with the option selected by the subscriber. (c) Company shall not cancel an appointment with a subscriber after 5 PM on the business day prior to the scheduled appointment. (d) If Company's technician is running late for an appointment with a subscriber and will not be able to keep the appointment as scheduled, the subscriber shall promptly be contacted. The appointment shall be rescheduled, as necessary, at a time which is convenient for the subscriber. (e) In the event access to the subscriber's premises is not made available to Company's technician when the technician arrives during the established appointments window, the technician shall leave written notification stating the time of arrival and requesting that Company be contacted again to establish a new appointment window. e (1) Notwithstanding the foregoing, if Company's technician or service representative telephones the subscriber during or prior to the appointment window and is advised that the technician will not be given access to the subscriber's premises during the appointment window, then the technician shall not be obliged to travel to the subscriber's premises or to leave the written notification referred to above, and the burden shall again be upon the subscriber (or adult representative of the subscriber) to contact Company to arrange for a new appointment. (g) Except as otherwise provided above, Company shall be deemed to have responded to a service or installation request under the provisions of this section when a technician arrives at the service location or is advised by telephone no access will be given. (h) Company's service technician or service representative shall take adequate time on each service call to address or correct the problem in question. e (i) In the event that Company ceases to provide the NCT A On-Time Customer Service Guarantee (Exhibit B 1) a violation by Company of the provisions of this Section 10 shall automatically entitle the subscriber to one month of free basic service and (if currently purchased by the subscriber) one month of free cable programming service (as defined in 47 C.F.R. § 76.901). Page 21 Exhibit "AU Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · e e ü) Under Normal Operating Conditions, Company shall meet the standards of Section 10.1 thr04gh 10.3 no less than ninety-five percent (95%) of the time, measured on'a quarterly basis. 7.8.3. Service Call Charges. No charge shall be made to the subscriber for any service call relating to Company owned and Company maintained equipment after the initial installation of Cable Service unless the problem giving rise to the service request can be demonstrated by Company to have been: (a) Caused by negligence or malicious destruction of cable equipment by the subscriber, or (b) A problem established as having been non-cable in origin. 7.9 Service Interruptions. Under Normal Operating Conditions, Company shall meet the standards of the following sections no less than ninety-five percent (95%) of the time measured on a quarterly basis: 7.9.1. Under Normal Operating Conditions, Company shall begin working on a Service Interruption promptly and in no event later than twenty-four (24) hours after the interruption becomes known to Company. 7.9.2. "Service Interruption" means the loss of picture or sound on one or more cable channels, affecting one or more subscribers. 7.9.3. Under Normal Operating Conditions, Company shall begin working on subscriber complaints involving impairment or degradation of signal quality (other than a Service Interruption) promptly and in no event later than the next business day after the problem known to Company. 7.9.4. Company shall be deemed to have begun work under the provisions of this section when a technician arrives at the service location. 7.9.5. Company shall provide affected subscribers, upon request by the City or the subscriber, with one day's free service (equivalent to the service they were receiving at the time of the interruption) for each day or portion thereof of Services Interruption. 7.10. Log of Customer Complaints. Page 22 Exhibit "An Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · Company shall maintain a written log, or an equivalent stored in computer memory and capable of access and reproduction in printed fonn, of all Cable Service-related customer Complaints originating within the City. Such log shall be in fonn and substance acceptable to the' City and at minimum list the date and time of each such Complaint, identify the customer to the extent allowed by law, and describe the nature of the Complaint and when and what actions were taken by Company in response thereto. The log shall be organized by City. The log shall be kept at Company's office in or near the City for a period of at least two (2) years and shall be available for inspection during regular business hours by the City upon request. 7.11. Ombudsman The company will provide a senior employee who will have responsibility of working with the City to address problems that may arise out of the Franchise and shall be Company's ombudsman for both City and Subscribers. 7.12 City Liaison e Company shall provide problem solving liaison services to the City. The, purpose of this is to provide the City with direct access to supervisory level personnel who can obtain prompt action on customer service problems referred by City to Company. This service shall include at least the following: 7.12.1. The personnel providing the service shall be located in Tarrant County. 7.12.2. The personnel providing the service shall have sufficient authority to and access to Company facilities and personnel in order to investigate and take appropriate remedial action without delay. 7.12.3. The City shall be given a special direct phone number to use (which will not be made available to the general public) which will generally be answered during nonnal business hours by a live person and will provide immediate access to a person having the authority specified in the preceding section. 7.12.4. Company shall investigate (including an attempt to contact the subscriber) and respond to the City on each call, fax or written complaint or request by the end of the next business day and shall provide a written report within five (5) business days. 7.12.5. Company shall give the City notice in writing of changes in the key contact personnel or material changes in procedures involved in providing this service. e 7.13. Bills. Page 23 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks e 7.13.1 Format. Company's bills to custom~rs for Cable Services shall be issued monthly to each subscriber with a balance due or change of service. Bills shall be clear, concise and understandable. Bills shall be fully itemized, with itemizations including, but not limited to, basic service, cable programming service, premium service charges, equipment charges and processing fees for late payments as further specified in Section 7.14. Bills shall also clearly delineate all activity during the billing period, including optional charges, rebates, credits, and late charges. The City shall be given thirty (30) days advance notice of any change in the fonnat of bills. Each bill shall prominently display Company's local or toll-free telephone numbers available for use by subscribers. If a bill has more than one portion (for example, one portion that is kept by the customer and one portion that is sent to Company) such telephone numbers shall prominently appear on the front side of the portion of the bill retained by the customer. e 7.13.2 Complaints and Disputes. Company shall respond in writing to all written complaints from subscribers regarding billing matters within thirty (30) days of receipt. Company shall not disconnect a subscriber for failure to pay legitimately contested charges during a billing dispute. However, during a billing dispute Company may disconnect a subscriber for failure to pay charges that are not contested. 7.13.3 Payment Options. Company shall provide subscribers in the City with the option of paying for Cable Services by (i) cash; (ii) check; (iii) an automatic payment plan under which the amount of the bill is automatically deducted from a checking account designated by the subscriber; or (iv) by major credit card on a preauthorized basis. 7.14. Refunds and Credits. e Refund checks for Cable Service shall be issued to subscribers promptly and in no event later than either (i) the subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or (ii) if service is tenninated, thirty (30) days after return of equipment owned by Company or at the time of the next billing cycle, whichever is earlier. Credits for Cable Service shall be issued no later than the subscriber's next billing cycle following a detennination that a credit is warranted. Page 24 Exhibit "An Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · e e 7.15. Late Pavments. 7.15.1. Notification of Additional Fee on 'Bills. Each bill shall specify on its face in a fashion emphasizing same (such as bold face type, underlined type or a larger font): "For payments received after [date] a $2.90 processing fee for late payment may be charged." 7.15.2. Process for Assessment of Additional Fee. No processing fee for a late payment, however denominated, shall be assessed or added to a subscriber's bill less than twenty-one (21) calendar days after the mailing of the bill to the subscriber. In the event any such fee is assessed or added, Company shall separately state the charge on the subscriber's bill and shall include the word "late" in the description of such fee. 7.16. Disconnection of Cable Services. Company shall comply with the following standards and procedures pertaining to the disconnection of Cable Services to any of Company's subscribers in the City: 7.16.1. Disconnection for Non-Payment. Company shall not disconnect a subscriber for failure to pay until at least forty-five (45) calendar days have elapsed after the due date for payment of the subscriber's bill and Company has provided at least ten (10) calendar days' written notice separate from the monthly bill to the subscriber prior to disconnection, specifying the effective date after which Cable Services are subject to disconnection. 7.16.2. Disconnection for Illegal Practices. Company may disconnect a subscriber at any time if Company in good faith believes that the subscriber has tampered with or abused Company's, equipment, that there is a signal leakage problem (or other non-compliance with FCC rules or other standards which poses a risk to lives or property) on the subscriber's premises, or that the subscriber is or may be engaged in the theft of Cable Services. 7.16.3. Disconnection at Subscriber's Request. Company shall promptly disconnect any subscriber who so requests disconnection, including those subscribers who elect to cease receiving Cable Services from Company in order to receive Cable Services or other multi-channel video services from another person or entity. No period of notice prior to Page 25 Exhibit "An Cable Franchise with Lamont Digital Systems Inc, dba GateHouse Networks · requested termination of service shall be required of subscribers by Company. No charge shall be imposed upon the subscriber for or related to disconnection or for any Cable Service delivered after the effective date of the disconnect request (unless there is a delay by the subscriber iIi the return of Company equipment). If the subscriber fails to specify an effective date for disconnection, the effective date shall be deemed to be the day following the date the disconnect request is received by Company provided that Company equipment has been returned by the subscriber. 7.17. Truth In Advertising. Company's bills, advertising and communications to its current or potential subscribers shall be truthful and shall not contain any false or misleading statement. For the purposes of the preceding, a statement is false or misleading if it contains an untrue statement of any material fact or omits to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading. 7.18 Drops e Drops shall be done in accordance with section 2.2.2. and "Exhibit D" of this document. 7.19. Underground Facilities Requested by Customer. If a subscriber requests Company to install Cable Services to a subscriber's property through underground facilities, Company shall comply with the subscriber's request but may charge the subscriber the actual difference in cost between the aerial installation of the Drop and the underground installation of the Drop. This provision shall not apply if the subscriber lives in an area of the City in which underground utilities and facilities are required, in which case Company may only charge the subscriber its normal installation charge. 7.20. Identification of Company Personnel. - All service personnel of Company, including contractors and subcontractors, whose normal duties involve contact with the general public shall wear on their clothing a clearly visible identification card bearing their name and photograph. Company shall account for all identification cards at all times. Every service vehicle of Company shall be clearly identifiable by the public and shall display Company's logo and local telephone number in a plainly visible manner. Vehicles used by any contractors or subcontractors of Company shall display the contractor's or subcontractor's name, markings indicating that such contractor or subcontractor is working for Company, and the local telephone number of both Company and the contractor or subcontractor. Page 26 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc, dba GateHouse Networks e e e 7.21. Subscriber Information. Company shall not record or retain any information as to the programming actually watched by a subscriber. Company shall'destroy all subscriber information of a personally identifiable nature after a reasonable period of time unless otherwise requested by the affected subscriber. This Section 7.20 shall not prohibit Company from its conducting system wide or individually addressed "sweeps" solely for the purpose of (i) verifying system integrity, (ii) checking for illegal taps or (iii) billing. 7.22. Converters. Company shall make available for rent by subscribers all converter equipment necessary for subscribers (such as those whose television sets are not "cable ready") to receive all Cable Services offered by Company. 7.23. Negative Options. Company shall not engage in the practice of "negative option" marketing and shall not charge any subscriber for any service that the subscriber has not affirmatively requested. 8. REPORTS TO CITY. 8.1. Service-Related Reports. Within 30 days of activation of Grantee's system, Company shall provide the following reports to the City monthly (by the 15th business day of the following month) and quarterly (by the 15th business day of the following quarter. These reports shall in forms currently used by Company or otherwise in form and substance acceptable to the City, showing on a consistent basis, fairly applied, Company's compliance with the customer service standards set forth in this Franchise. . Number of Subscribers; · Report of Monthly Report of Service Calls by Reason, which shall include an explanation of the categories of reported reasons; · Monthly Outage Summary by Franchise; Upon activation by CQmpany of five hundred (500) subscribers located in the City, or three (3) months following activation of the Company's first subscriber located in the City, whichever shall first occur, the City may require Company to provide the following additional reports: . System Statistics Report; · Monthly Service Call Availability Analysis and Installation Call Availability Analysis; Page 27 Exhibit "An Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks . · Monthly Customer Call Sample Report, showing the results of a random sampling of customer complaints; and . Monthly Call Center Performance RepQrt. 8.2. Format of Reports. Company's service-related reports to the City shall show Company's performance for the respective time period, excluding periods that were not Normal Operating Conditions ("Abnormal Operating Conditions") and, if Company contends any Abnormal Operating Conditions occurred during the period in question, it shall describe the nature and extent of such Abnormal Operating Conditions and show Company's performance both including and excluding the time periods Company contends such conditions were in effect. At the City's request, Company will provide additional information and existing reports reasonably related to the measurement and evaluation of Company's compliance with the customer service requirements set forth in this Franchise. 8.3. Audits Pertaining to Service-Related Reports. e The City, reserves the right to audit Company or any Affiliate öf Company to verify the accuracy of the service-related reports required under this Section 8. In the event of any such audit, Company shall make available at a location in Tarrant County, Texas that is convenient to the City all records of Company or an Affiliate of Company reasonably necessary to conduct such audit. If the audit discloses performance that is three (3) percentage points worse than any of the standards of the referenced sections (such as compliance 92% of the time versus 95% of the time), Company shall pay the City's costs in connection with the audit within thirty (30) days of submission of an invoice. Otherwise, the City shall pay the costs of such audit. 8.4. Construction-Related Reports. Company shall provide the City with a written quarterly report that outlines Company's (i) construction activities during that quarter and (ii) plans for construction to the System for the next twenty-four (24) months. This report shall be a public document and kept on file in the City Secretary's Office for inspection by the public. 9. Liquidated Damages e Company acknowledges that the non-compliance with the customer service standards identified above will harm subscribers and the City and the amounts of actual damages will be difficult or impossible to ascertain. For the second calendar quarter of 2002 and thereafter, the City may therefore assess the following liquidated damages against Company for noncompliance with the customer service standards set forth in Sections 7.3,7.4,7.5,9,10.1,10.2,10.3,10.10,12.1,12.2 and 12.4 (measured on a quarterly basis). Company acknowledges that the liquidated damages set forth below or a Page 28 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · e e reasonable approximation of actual damages and that this Section 9 is intended to provided compensation and is not a penalty. 9.1. Telephone Standards: The damages for non-compliance with one or more of the standards in Section 7.4, 7.5, and 7.6 during a calendar quarter are: 9.1.1. First non-compliance: $1.00 per subscriber. 9.1.2. Second non-compliance within three (3) consecutive calendar quarters: $2.00 per subscriber. ~ Third non-compliance within six (6) consecutive calendar quarters and (subject to Section 21.4) each subsequent non-compliance: $3.00 per subscriber 9.2. Service and Installation Standards: The damages for non-compliance with one or more of the standards in Sections 7.8, 7.9 and 7.14 during a calendar quarter are: 9.2.1. First non-compliance :$1.00 per subscriber 9.2.2 Second non-compliance within three (3) consecutive calendar quarters: $2.00 per subscriber. 9.2.3. Third non-compliance within six (6) consecutive calendar quarters and (subject to Section 21.4) each subsequent non-compliance: $3.00 per subscriber. 9.3. Minimums: The liquidated damages for the first and each subsequent non-compliance under Section 9.1 or Section 9.2 shall be no less than $5,000, unless modified as provided in Section 9.4. 9.4. Effect of Extended Periods of Compliance: If Company complies with all of the standards identified in Sections 9.1 and 9.2 for eight consecutive calendar quarters, the damages for the first subsequent non-compliance with any of those standards will be the greater of $0.25 per subscriber or $3,000 . 9.4.1. Following such a non-compliance the damages provided in Section 9.1 and 9.2 will again be applicable so that the next non- Page 29 Exhibit "An Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · compliance within four (4) consecutive calendar quarters will be subject to Sections 9.1.2 and/or 9.2.2. 9.5. Event of Non-Compliance: An event of non-compliance will be taken into account in detennining whether a later event of non-compliance is a second, third or subsequent event without regard to whether City has assessed liquidated damages or taken any other action with respect to the non-compliance. 9.6. Failure to Submit Quarterly Reports. Company acknowledges and agrees that its failure to submit quarterly reports to the City as required by Sections 8.1 and 8.2 will hann the City and its ability to serve its citizens who subscribe to Company's Cable Services, and that the amounts of actual damages will be difficult or impossible to ascertain. Therefore, for each quarter following the Effective Date of this Franchise, the City may assess liquidated damages against Company for Company's failure to submit quarterly reports as required by Sections 8.1 and 8.2 in the amount of $1.00 per subscriber or $5,000.00, whichever is more. Company acknowledges and agrees that such liquidated damages are a reasonable approximation of actual damages and that this Section 9.6 is intended to provide compensation for damages and is not a penalty. e 9.7. No Waiver. An event of non-compliance will be taken into account in detennining whether a later event of non-compliance is a second, third or subsequent event without regard to whether City has assessed liquidated damages or taken any other action with respect to the non-compliance. 9.8. Procedure for Assessment. Liquidated damages shall be assessed by the City Manager or his or her designee. Company may obtain a review of the assessment by the City Council by making a written request within ten (10) business days after receipt of notice in writing of the assessment and its basis. Company shall have an opportunity to be heard at a meeting of the City Councilor by a person designated by the City Council as a hearing officer prior to the actual assessment of liquidated damages by the City Manager or his or her designee. The City Council may adopt additional procedures, including appointment of a City official or other person to act as a hearing officer. The City Council's decision may be based upon the record of proceedings conducted by the hearing officer or a proposal for decision submitted by the hearing officer. Nothing herein shall preclude either party from seeking judicial review of an assessment of liquidated damages applying principles of contract law after the foregoing procedure has been concluded. e 9.9. Payment and Classification of Liquidated Damages. Page 30 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · Liquidated damages shall be paid on or before the tenth (10th) business day following assessment. Company acknowledges and agrees that liquidated damages paid under this Franchise do not constitute franchise fees, do not reduce the amounts otherwise payable as franchise fees and will not be passed through to subscribers in the City. 9.10 Notice and Cure. The City Manager or his or her designee shall, prior to making any assessment of liquidated damages pursuant to Section 9.8, notify the Company in writing about his or her intent to levy liquidated damages (the "Liquidated Damages Default Notice"). The Liquidated Damages Default Notice shall identity with reasonable specificity the acts or omissions of the Company that are the basis for the assessment of liquidated damages, the Sections of this Agreement which have been breached, the Sections of this Agreement pursuant to which the liquidated damages are being assessed and the steps the Company must take to cure the breach. 10. TECHNICAL STANDARDS. The following provisions shall apply to Company's implementation of and compliance with the FCC's rules and regulations relating to cable television technical standards for signal quality, currently set forth at 47 C.F.R. § 76.601 and following, and subsequent amendments to any such rules and regulations. e 10.1. Testing by Company. Company shall notify the City in advance of testing for compliance with FCC standards. The City may have a representative present to observe such tests and may designate one location to be tested. Company shall provide the City with a report of testing for compliance with such standards upon written request (but not more than twice a year). Such report to City shall state, in pertinent part, that the person doing the testing has reviewed the applicable rules and regulations of the FCC, the industry standards and other materials referenced therein, and that such testing was done fairly and either shows full compliance with such rules and regulations or sets forth with specificity and in detail all areas of non-compliance, their actual or likely scope and causes, and Company's professional recommendation of the best corrective measures to immediately and permanently correct the non-compliance. 10.2. Testing by City. e Upon 30 days written notice to the Company by the City, , the City shall have the right to employ at its own expense qualified consultants for the purpose of performing or interpreting tests for compliance with FCC Technical Standards (47 CFR Section 76.605) provided that a historical record of complaints indicates a failure to comply with the terms of this franchise agreement. Company agrees to pay all reasonably incurred costs associated therewith up to a maximum cost of Two Thousand and No/I00 Dollars Page 3 1 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc, dba GateHouse Networks · ($2,000.00) annually. Such payment will be made within 45 days following the receipt by the Company of the historical record of complaints and a copy of the invoice from the qualified consultant performing such work and tl;J.e statement of the consultant, sworn to under oath, identifying with reasonable specificity the act or omission that causes the System to not be in material compliance with the aforementioned standards, including, without limitation, the specific standard with which there is no material compliance. 10.3 Monitoring by the City Company shall provide a cable drop at City Hall in the office of the Managing Director of Community Services and the office of the Director of Public Information for the purposes of monitoring system quality as well as the signal quality and information provided on the City's Government Channe1.10.4. Subscriber Complaints Regarding Signal Quality. Company shall establish and notify subscribers of the following procedure for the resolution of complaints from subscribers about the quality of the television signal delivered to them: (i) All complaints shall go initially to Company; (ii) All matters not resolved by Company shall at Company's or the subscriber's option be referred to the City for the City to resolve; and (iii) All matters not resolved by'the City may be referred to the FCC for the FCC to resolve. e 11. RATES AND REGULATION. 11.1. General Rights of the City. The City reserves the right to regulate Company, the Cable Television System, the provision of Cable Services authorized under this Franchise, Company's rates and charges for the provision of Cable Services and for related services, such as, without limitation, rental deposits and downgrade fees, as expressly permitted by federal, state and/or local laws, ordinances, rules and regulations. The rate structure of the Company is attached hereto as "Exhibit B" and incorporated herein. 11.2. Frequency of Rate Increases. Company will not increase or file any fonn or notification with the FCC related to an increase in Company's rates for basic cable service, equipment, service calls or other services over which the City has regulatory authority under federal, state and/or local laws, ordinances, rules and regulations more than once in each calendar year. 11.3. Rate Orders. e Unless a final order of the FCC, affinned on appeal if an appeal is taken, detennines that a rate order of the City, as a franchise authority, is automatically stayed by the filing of an appeal by Company to the FCC, Company will implement each rate Page 32 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · e e ~ order adopted by the City unless and until Company obtains an order of the FCC or a court of competent jurisdiction staying or overruling the effectiveness of the rate order. Company will reimburse the City for all reasonable attorneys' fees and other expenses incurred by the City as a result of Company's violcítion of this Section 11.3. 11.4. Notice of Certain Costs. During such times as the City may lawfully regulate the Company's rates, the Company shall, on at least an annual basis and at any other time when requested by the City, identify to the City in writing the costs which Company claims are external costs that Company potentially may pass through to subscribers under rules and regulations of the FCC or successor rules with a similar effect. Company's notice to the City shall state the individual amounts of such costs and the approximate amount that subscribers may be billed as a result and shall contain a calculation to justify such amount. 12. LIABILITY AND INDEMNIFICATION. 12.1. Disclaimer of Liabilitv. The City shall not at any time be liabte for any injury or damage occurring to any person or property from any cause whatsoever that arises out of the construction, maintenance, repair, use, operation, condition or dismantling of the System or Company's provision of Cable Services. 12.2. Indemnification. Company, at Company's sole cost and expense, shall indemnify and hold harmless the City, its officers, boards, commissions, agents, employees and volunteers ("Indemnitees"), from and against any and all liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses and expenses, whether legal or equitable, which may be imposed upon, incurred by or asserted against any Indemnitees by reason of any personal injury or property damage or any act or omission of Company, its personnel, employees, agents, contractors or subcontractors which may arise out of or be in any way connected with (i) the construction, installation, operation, maintenance or condition of the System; (ii) the transmission of any programming over the System; (iii) any claim or lien arising out of work, labor, materials or supplies provided or supplied to Company, its contractors or subcontractors; (iv) the provision of Cable Services; or (v) Company's failure to comply with any federal, state or local law, ordinance, franchise, rule or regulation. 12.3. Assumption of Risk. Company hereby undertakes and assumes, for and on behalf of Company, its officers, agents, contractors, subcontractors, agents and employees, all risk of dangerous conditions, if any, on or about any City-owned or -controlled property, including, but not Page 33 Exhibit "An Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks . limited to, the Public Rights-of-Way. In addition, Company hereby agrees to and shall indemnify and hold hannless any Indemnitee against and from any claim asserted or liability imposed upon any Indemnitee for any, personal injury or property damage incurred or asserted by Company or any of its employees, agents, servants, contractors or subcontractors, and arising from the installation, operation, maintenance or condition of the System. 12.4. Defense of Indemnitees. In the event any action, lawsuit or other proceeding is brought against any Indemnitee by reason of any matter for which the lndemnitees are indemnified under Sections 12.2 or 12.3, the City shall give Company prompt notice of the making of any claim or commencement of any such action, lawsuit or other proceeding, and Company, at Company's sole cost and expense, shall resist and defend the same with legal counsel selected by the Company and reasonably acceptable to the City and with reasonable participation by the City. In such an event, Company shall not admit liability in any matter on behalf of any Indemnitee or otherwise settle any claim without the advance written consent of the City, not to be unreasonably withheld or delayed. 13. INSURANCE. e Company shall procure and maintain at all times, in full force and effect, a policy or policies of insurance to provide coverages as specified herein, naming the City as an additional insured and covering all public risks related to the use, occupancy, condition, maintenance, existence or location of the Public Rights-of-Way and the construction, installation, operation, maintenance or condition of the System. 13.1. Primary Liability Insurance Coverage. · Commercial General Liabilitv: $1,000,000 per occurrence; · Property Damage Liability: $1,000,000 per occurrence; · Automobile Liability: $1,000,000 per accident, including, but not limited to, all owned, hired or non-owned motor vehicles used in conjunction with the rights granted under this Franchise e . Worker's Compensation: As required by law; and, Employer's Liability as follows: $1,000,000 per accident. 13.2. Excess Liability Insurance Umbrella. Page 34 Exhibit "An Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · e e $10,000,000, including Primary Coverage, for each coverage listed in § 13.1. 13.3. Revisions to Required Coverage. At the reasonable recommendation of the City's Risk Manager, the City may at any time revise insurance coverage requirements and limits required by this Franchise. Company agrees that within thirty (30) days of receipt of written notice from the City, Company will implement all such revisions requested by the City. The policy or policies of insurance shall be endorsed to provide that no material changes in coverage, including, but not limited to, cancellation, tennination, non-renewal or amendment, shall be made without thirty (30) days' prior written notice to the City. 13.4. Underwriters and Certificates. Company shall procure and maintain its insurance with underwriters authorized to do business in the State of Texas and who are reasonably acceptable to the City in tenns of solvency and financial strength. Within thirty (30) days following adoption of this Franchise by the City Council, Company shall furnish the City with certificates of insurance signed by the respective companies as proof that it has obtained the types and amounts of insurance coverage required herein. In addition, Company shall, on demand, provide the City with evidence that it has maintained such coverage in full force and effect. 13.5. Deductibles. Deductible or self-insured retention limits on any line of coverage required herein shall not exceed $25,000 in the annual aggregate unless the limit per occurrence, or per line of coverage, or aggregate is otherwise approved by the City. 13.6. No Limitation of Liability. The insurance requirements set forth in this Section 13 and any recovery by the City of any sum by reason of any insurance policy required under this Franchise shall in no way be construed or effected to limit or in any way affect Company's liability to the City or other persons as provided by this Franchise or law. 14. TRANSFERS. OWNERSHIP AND CONTROL. 14.1. Management of Cable Television System. Company shall personally manage the Cable Television System and the provision of Cable Services within the City. Company shall not, directly or indirectly, contract for, subcontract or assign, in whole or in part, the management of the Cable Television System or the provision of Cable Services within the City unless the City provides advance written consent, not to be unreasonably withheld or delayed. Page 35 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · e e 14.2. Transfers. This Franchise and the Cable Television System shall not be sold, Transferred, assigned or otherwise encumbered without the prior written consent of the City. For purposes of this Franchise, in addition to the definition provided in Section 1, a "Transfer" shall specifically include (i) any change in limited partnership interests, non- managing limited liability company interests, or non voting stock representing thirty percent (30%) or more of the equity interests in the entity in question and (ii) any option, right of conversion or similar right to acquire interests constituting control without substantial additional consideration. If Company seeks to obtain the consent of the City for any kind of Transfer, sale, assignment or other encumbrance, Company shall submit an application for such consent in the form requested by the City and shall submit or cause to be submitted to the City all such documents and information that the City may reasonably need for its consideration of the application. Company shall pay on the City's behalf or reimburse the City for all costs reasonably incurred by the City due to any proposed sale, Transfer, assignment or other encumbrance. 15. DEFAULTS. The occurrence at any time during the term of this Franchise of one or more of the following events shall constitute an "Event of Default" under this Franchise: 15.1. Failure to Pav Franchise Fees. An Event of Default shall occur if Company fails to pay any Franchise Fee on or before the respective due date. 15.2. Failure to Initiate Construction of System. An Event of Default shall occur if Company fails to initiate construction of its System on or before 90 days after City Council approval. 15.3. Breach. An Event of Default shall occur if Company materially breaches or violates any of the terms, covenants, representations or warranties set forth in this Franchise (including any exhibits thereto) or fails to perform any obligation required by this Franchise. 15.4. Bankruptcy. Insolvencv or Receivership. An Event of Default shall occur if Company (i) files a voluntary petition in bankruptcy; (ii) is adjudicated insolvent; (iii) files any petition or fails to contest any Page 36 Exhibit "An Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · petitIOn filed against it seeking any reorganization, arrangement, composItIOn, readjustment, liquidation, dissolution or similar relief for itself under any laws relating to bankruptcy, insolvency or other relief for debtors; (iv) seeks, consents to or acquiesces in the appointment of any trustee, receiver, master, c~stodian or liquidator of Company, any of Company's property, franchises, or any revenues, issues, earnings or profits thereof; (v) makes an assignment for the benefit of creditors; or (vi) fails to pay Company's debts generally as they become due. 15.5. Violations of the Law. An Event of Default shall occur if Company violates any existing or future federal, state or local laws or any existing or future ordinances, rules and regulations of the City. 16. UNCURED DEFAULTS AND REMEDIES. 16.1. Notice of Default and Opportunity to Cure. e If an Event of Default occurs, the City shall provide Company with written notice and shall give Company the opportunity to cure such Event of Default. For an Event of Default which can be cured by the immediate payment of money to the City, Company shall have thirty (30) days from the date it receives written notice from the City to cure the Event of Default. For any other Event of Default, Company shall have sixty (60) days from the date it receives written notice from the City to cure the Event of Default or, if the Event of Default is such that it cannot be fully cured within sixty (60) days, the Company has within sixty (60) days commenced the cure and is proceeding diligently to complete the cure. If any Event of Default is not cured within the time period specified herein, such Event of Default shall, without further notice from the City, become an "Uncured Default" and the City immediately may exercise the remedies provided in Section 16.2. 16.2. Remedies for Uncured Defaults. Upon the occurrence of an Uncured Default, the City shall be entitled to exercise, at the same time or at different times, any of the following remedies, all of which shall be cumulative of and without limitation to any other rights or remedies the City may have: 16.2.1. Termination of Franchise. e Upon the occurrence of an Uncured Default, the City may terminate this Franchise. Upon such termination, Company shall forfeit all rights granted to it under this Franchise, and, except as to Company's unperformed obligations and existing liabilities as of the date of termination, this Franchise shall automatically be deemed null and void and shall have no further force or effect. Company shall remain obligated to pay and the City shall retain the right to receive Franchise Fees and any other payments due up to the date of termination. Company shall Page 37 Exhibit "A" Cable Franchise with Lamont Digital Systems lnc, dba GateHouse Networks · e e remove the System from the City as and when requested by the City. The City's right to terminate this Franchise under this Section 16.2.1 does not and shall not be construed to constitute any kind of limitation on the City's right to terminate this Franchise for other reasons as prov'ided by and in accordance with this Franchise. 16.2.2. Legal Action Against Company. Upon the occurrence of an Uncured Default, the City may commence against Company an action at law for monetary damages or in equity for injunctive relief or specific performance of any of the provisions of this Franchise which, as a matter of equity, are specifically enforceable. 16.3. Bankruptcy. Notwithstanding anything else in this Franchise Agreement to the contrary, if the Event of Default is a bankruptcy as set forth in Section 15.4, then any and all of the parties rights and remedies shall be subject and subordinate to 11 U.S.C. Section 325. 17. RIGHTS AND RESERVATIONS OF THE CITY. In addition to the rights reserved to the City under this Franchise, the City shall have the following rights and reservations, subject to state and federal law: 17.1. To require proper and adequate construction and maintenance of the System and provision of Cable Services at the highest practicable standards of efficiency; and 17.2. To establish reasonable standards of Cable Service and product quality and to prevent unjust discrimination in Company's provision of Cable Services and/or rates for Cable Services; and 17.3. To require continuous and uninterrupted service to the public in accordance with the terms and conditions of this Franchise throughout the entire term of this Franchise; and 17.4. To control and regulate the use of the City's Public Rights-of-Way, public places and other City-owned property and the spaces above and beneath them; and 17.5. To install and maintain, without charge, City equipment upon Company's poles and in Company's conduit upon the condition that such equipment does not itself provide Cable Services and does not actually and unreasonably interfere with Company's provision of Cable Services; and 17.6. Through representatives designated by the City, to inspect all construction, Facility-installation or other work performed by Company in the City, and to make any inspections that the City reasonably finds necessary to ensure Page 38 Exhibit "An Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · e e compliance with the tenns of this Franchise and applicable laws, ordinances, rules and regulations. 18. PROVISION OF INFORl\1ATION. 18.1. Filings. Company shall provide copies of all documents which Company files with or sends to the FCC and, upon the City's request, copies of records that Company is required to maintain under FCC regulations (currently 47 C.F.R. § 76). 18.2. Lawsuits. Company shall provide the City with copies of all pleadings in all lawsuits to which Company is a party and that pertain to the granting of this Franchise and/or the operation of the Cable Television System within thirty (30) days of Company's receipt of same. , 18.3. Books and Records. From time to time, during nonnal business hours and on a non-disruptive basis, the City may review all portions of Company's books and records that are reasonably necessary to monitor compliance by Company with the tenns and conditions of this Franchise. Such records shall include, but shall not be limited to, records that Company is required to maintain under FCC and financial infonnation underlying reports provided to the City in accordance with this Franchise. However, Company shall not be required to release (i) personally identifiable subscriber infonnation if prohibited by applicable law (such as § 631 of the Cable Act, codified at 47 U.S.c. § 551) or (ii) Company's income tax returns or infonnation directly underlying the preparation of any such returns. To the extent pennitted by law, the City shall treat any infonnation released to it by Company on a confidential basis if requested by Company and upon execution of a City- signed written agreement or letter to that effect. 19. COMPANY AS INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Company shall operate as an independent contractor as to all rights and privileges granted by this Franchise, and not as an agent, representative or employee of the City. Company shall have the exclusive right to control the details of its Cable Business and operation, in accordance with the tenns and conditions of this Franchise, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. Company acknowledges that the doctrine of respondeat superior shall not apply as between the City and Company, its officers, agents, employees, contractors and subcontractors. Company further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between the City and Company. Page 39 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks e e e 20. NOTICES. Notices required pursuant to the provIsIons or' this Franchise shall be conclusively determined to have been delivered when (i) hand-delivered to the other party, its agents, employees, servants or representatives, or (ii) received by the other party by United States Mail, postage prepaid, return receipt requested, or (iii) received by the other party when sent by a nationally recognized courier for overnight delivery, addressed as follows: To THE CITY: To COMPANY: City Secretary City of North Richland Hills Ned Lamont Lamont Digital System, Inc. dIb/a/GateHouse Networks 7301 NE Loop 820 North Richland Hills, TX 76180 35 Mason Street Greenwich, Conn. 06830 with a copy to: City Manager's Office City of North Richland Hills 7301 NE Loop 820 North Richland Hills, TX 76180 Dan Quinto North Richland Hills Town Center 5000 Quorum Drive Dallas, TX 75240 21. NON-DISCRIMINATION COVENANT. Company shall not discriminate against any person on the basis of race, color, national origin, religion, handicap, sex, sexual orientation or familial status in the provision of Cable Services, in the receipt of benefits from Company's Cable Business, in any opportunities for employment with Company that Company may offer or in the construction or installation of Company's Cable Television System or other Facilities. 22. NO WAIVER. The failure of the City to insist upon the performance of any term or provision of this Franchise or to exercise any rights that the City may have, either under this Franchise or the law, shall not constitute a waiver of the City's right to insist upon appropriate performance or to assert any such right on any future occasion. 23. GOVERNING LAW AND VENUE. Page 40 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · This Franchise shall be construed pursuant to and in accordance with the laws of the United States of America and the State of Texas. If any action, whether real or asserted, at law or in equity, arise out of the terms of this Franchise, Company's prov~sion of Cable Services or Company's use of the Public Rights-of-Way, venue for such action shall tie exclusively in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 24. CONFERENCES. At the request of either the City or Company, the City and Company shall meet at reasonable times and upon reasonable notice to discuss any aspect of this Franchise, Company's provision of Cable Services, Company's Systems or Cable Business or Company's use of Public Rights-of- W ay. 25. SEVERABILITY. e If any provision of this Franchise is held to be invalid, illegal or unenforceable by a final order entered by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaire'd. For purposes of this Franchise, a court order shall be final only to the extent that all available legal rights and remedies pertaining to such order, including, without limitation all available appeals, have been exhausted. In such an event, the City and Company agree that they shall amend or have amended this Franchise to comply with such final order entered by a court of competent jurisdiction. 26. FORCE MAJEURE. In the event Company's performance of any of the terms, conditions or obligations required by this Franchise is prevented by a cause or event that is not within Company's reasonable control, Company's non-performance shall be deemed excused for the period of such inability. Causes or events that are not within the Company's control shall include, but not be limited to, acts of God, strikes, sabotage, riots or civil disturbances, failure or loss of utilities, explosions and natural disasters. 27. HEADINGS NOT CONTROLLING. Headings and titles, other than those captions in Section 1, that are used in this Franchise are for reference purposes only and shall not be deemed a part of this Franchise. 28. ENTIRETY OF AGREEMENT. - This Franchise, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City Page 41 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc, dba GateHouse Networks · e e and Company as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the tenns and conditions of this Agreement. This Franchise shall not be amended Ul'lless agreed to in writing by both parties and approved by the City Council of the City. ' 29. GUARANTEE OF PERFORMANCE. Company hereby acknowledges that it carefully has read the tenns and conditions of this Franchise and accepts and agrees to perfonn the duties and obligations set forth in this Franchise. Lamont Digital Systems, Inc. and GateHouse Networks hereby jointly and severally guarantee unconditional perfonnance of Company's duties and obligations under this Franchise. LAMONT DIGITAL SYSTEMS, INC. By: Name: Title: GATEHOUSE NETWORKS By: Name: Title: Page 42 Exhibit "An Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · e e ) "Exhibit B" Cable Services 1. Summary. a. The System will be installed, updated, and maintained as a State of the Art design. "State of the Art" means that level of technical performance or capacity, service, equipment or construction techniques which have been developed and demonstrated to be workable and economically feasible and viable and are at least equal to commercially deployed cable television services offered by other providers to comparable residential properties in the Dallas-Fort Worth Statistical Metropolitan Area during the term of this franchise. b. The System includes a fiber to the home ("FTTH") distribution network with a minimum of six strands of fiber optic cable will be installed and terminated directly up to the side of each residence. Only two (2) of the strands will be used initially. c. The System will be capable of delivering a private local area network for residents in the Service Area. d. The System will be capable of providing cable television, high speed internet access, telephony, video on demand, security and meter reading. 2. Components. a. Video Headend/Earthstation: -Digital quality headendlearthstation consisting of a small 24" DES antenna and traditional UHF NHF antennas for off air reception and digital quality receivers, processors and modulators to receive the satellite, off-air and local origination programming for the Service Area. The local origination programming may include local events, cameras at the gate, and public access channels. b. Data Headend -The headend will include a high-speed data circuit capable of connecting residents to the Internet using a 100Base T -switched hub. c. FTTH Distribution Network -a complete fiber-to-the-home (FTTH) deployment. The network is totally passive meaning there are no active devices such as amplifiers, power supplies or RF converters between the headend and the side of the house. The fiber is armored which means it has some protection from cuts and can be located using conventional methods for locating buried wire. 3. Service Descriptions Page 1 Exhibit "B" Cable Franchise Agreement with Lamont Digital Systems dba GateHouse Networks 4 . e e . a. Changes. Except as otherwise provided by Section 11 of this Franchise Agreement or applicable state or federal law, the Company has the sole discretion regarding the selection, pricing, packaging~ addition, deletion, removal or modification of any service on the System, including, without limitation the services and prices described in Exhibits A and C. b. Basic Internet Package 256k/128k. Internet connectivity at a speed up to 256 kbs. c. Pro Package up to 1.5 Mbps. Internet connectivity at a speed up to 1.5 mbs. d. Basic Cable Services. To be determined. e. Premium Cable Services. To be determined. f. Bulk Services. If and to the extent bulk service is provided to all residents of the Service Area, it will also be provided in the common areas that have a television set provided by a third party such as the clubhouse or recreation room. Page 2 Exhibit "B" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks ~ . e e . "Exhibit C" GateHouse Rate Structure for North Richland Hills Monthly Subscription Programming Standard Cable (74 Analog channels, no converter included) Digital Services (Digital converter required but not included) Digital Basic (63 Channels,) Multiplexed HBO (8 Screens) Multiplexed Cinemax (4 Screens) Multiplexed Showtime (12 Screens) Multiplexed Starz/Encore (17 Screens) Digital Packages ( One Digital converter included) Standard Cable + Digital Basic + 1 Multiplex Standard Cable + Digital Basic + 2 Multiplex Standard Cable + Digital Basic + 3 Multiplex Standard Cable + Digital Basic + 4 Multiplex Equipment Charges Analog cable converter (if required) Digital cable converter Remote Control Unit Installation Fees Previously U nwired Home 1 st TV Set Previously Un wired Home additional TV sets at same time Additional TV Sets requiring new truck roll Previously Wired Home 1st TV Set Previously \-Vired Home additional TV sets at same time Additional TV Sets requiring new truck roll Pay-Per View Telephone Jack(required if no line exists near TV set) Drop or add multiplex service (no home visit required) Drop or add multiplex service (home visit required) Miscellaneous Fees Returned check Collection Fee Late Fee Hourly Home Service Charge (30 minute intervals) Page 1 Exhibit "C" Cable Franchise Agreement with Lamont Digital Systems, Inc. dba GateHouse Networks Price $39.99 $14.99 $14.99 $14.99 $14.99 $14.99 $74.99 $84.99 $94.99 $99.99 $4.99 $7.99 $ .79 $49.99 $15.00 $39.99 $45.99 $15.00 $39.99 $70.00 $2.00 $3Q.00 $25.00 $25.00 $2.90 $40.00 'I j. - Exhibit "D" Line Extension Formula Gatehouse Networks will extend its trunk an distribution system to serve new subscribers requesting service after the date hereof at the normal installation charge and monthly rate under the following terms and conditions. (a) Where the new subscriber or subscribers requesting service are all located witin 500 feet from the existing trunk cable; and (b) Where the number of homes to be passed by such extension is equal to or greater than 50 homes per mile of such extension. In the event that the requirements set forth in (a) and (b) above are not met, Gatehouse will extend its cable television system based upon the following cost-sharing formula. 1) Total Cost to Construct Extension* = Miles of Extension 2) Total Cost Per Mile of Extension e 50 3) Total Cost to Construct Extension Subscribers Requesting Service 4) Cost Per Subscriber minus Company's Share Per Home = Cost Per mile of Extension Company's Share Per Home Cost Per Subscriber Subscriber's Share *Total Cost to Construct Extension is defined as the actual turn-key cost to construct the entire extension including electronics, police make-ready charges, labor and the cost of the house drops. Gatehouse does not assess any additional cost for service drops of ISO feet or less. For drops greater than 150 feet, the subscriber must pay for the additional feet on a cost-plus-labor basis. e Page 1 Exhibit "D" Cable Franchise Agreement with Lamont Digital Systems, Inc. dba GateHouse Networks 1\ .. ' CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11/12/01 Subject: Canvassing of the November 6, 2001 Charter Amendment Election - Resolution No. 2001-069 Agenda Number: GN 2001-110- Pursuant to State Law, the City Council must canvass the November 6 Charter Amendment Election. Resolution No. 2001-069 canvasses the election and declares that Proposition NO.1 which limits the pay for the Mayor and Council to $50.00 per meeting carried by a vote of 766 for and 611 against. It also declares that Proposition NO.2 which would provide for thee year terms failed by a vote of 640 for and 737 against. Recommendation: To approve Resolution No. 2001-069. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds Available Wat1le/¿~ Department Head Signature Finance Director " . e e RESOLUTION NO. 2001-069 WHEREAS, pursuant to Resolution No. 2001-44 and Resolution No. 2001-58 an election was duly held on November 6, 2001 to allow voters to vote on two propositions to amend the Home Rule Charter of the City of North Richland Hills; and WHEREAS, the City Council finds that all procedural and substantive requirements were met for the holding of said election and that it was held pursuant to and in accordance with the laws of the State; and WHEREAS, the City Council canvassed the votes cast at said election and the canvass showed the following results: Proposed Charter Amendment One 766 For 611 Against Proposed Charter Amendment Two 640 For 737 Against NOW, THEREFORE, BE ITHESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, that 1. The above findings and the above canvass are in all things approved. 2. The City Council declares and orders that the following numbered Proposed Charter Amendment carried: Proposed Charter Amendment No.1, limiting Council pay 3. The City Council declares and orders that the following Proposed Charter Amendment failed: Proposed Charter Amendment No.2, establishing three-year terms. · e e Resolution No. 2001-069 Page 2 of 2 4. The City Secretary is ordered to cause the Charter to be changed and reprinted to reflect the changes brought about by the proposition which carried in the election of November 6,2001. Passed and approved this 12th day of November, 2001. APPROVED: Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire - Attorney for City " .. z ~ U ~ ~ ~ z o ~ ~ ~ r./1 o ~ o ~ ~ ~ ~ ~ Z Q 0 ~oE=: ~~< ~"~ ~~~ ~~~ <~< ~>~ Uos¿ ~z~ d 0 ~ Q ~ ~ ~ U ~ ~ ~ ~ o ~ o ~ ~ ~ U 0) c ;¡ ( ) ( ) E ... 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(I) 1.1.. « o 0. o a::: 0. l- (/) z z o a::: <ë ¡::Ot? ii.i 1.1.. « o 0. o a::: 0. --"""-;'é·::rT""'T'';·':"'''~", "' '. ;>"~~~' '. CITY OF NORTH RICHLAND HILLS Department: Parks & Recreation Council Meeting Date: 11/12/01 Subject: Award Professional Services Contract to Agenda Number: PU 200140 Dunkin Sims Stoffels, Inc. for the South Electric Trail Project Resolution No. 2001-067 The City of North Richland Hills was awarded an ISTEA grant in the amount of $750,000, for development of the South Electric Multi-Use Trail along the TXU Electric corridor which runs generally east and west from a location near the intersection of Glenview Drive and Waycrest Drive and north and south across SH 26 (Grapevine Highway) to Glenview Drive. The City's share is $157,500. City Council at their June 23, 1997 meeting approved the ISTEA Enhancement Grant Agreement with the Texas Department of Transportation for the South Electric Multi-Use Trail (Agreement No. 5XXF6082). We are required to select a design consultant in accordance with TxDOT policies and guidelines. Six proposals were received and all six firms were interviewed. The consultants were then evaluated in accordance with TxDOT criteria, and Dunkin Sims Stoffels, Inc. was determined to be the most qualified. The selection criteria included previous experience with similar projects, previous work on ISTEA and TxDOT projects, and the size and experience of the design team. Dunkin Sims Stoffels, Inc. also has previous experience in working with the City of North Richland Hills as the consultant for Cross Timbers Park and Green Valley Community Park. They have over eighteen years of experience in Park planning, Park Design and preparation of construction documents for municipalities in the Dallas/Fort Worth Metroplex and throughout the State of Texas. A contract has been negotiated with Dunkin Sims Stoffels, Inc. for the requested professional services. The contract amount is $99,100. Upon execution of the professional services contract with Dunkin Sims Stoffels, Inc. the consultant will begin design work. The plans and specifications are scheduled to be complete, by TxDOT standards, in April 2002. The City will then bid the project and administer the construction contract. Recommendation: To approve Resolution No. 2001-067 authorizing the City Manager to execute the Professional Services Contract with Dunkin Sims Stoffels, Inc. for the South Electric Trail Project. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 125-0000-604.79-00 ,unds Available -F 3~--J-- De artment Head Si nature GV Budget Director Finance Director Page 1 of 1 , . . . RESOLUTION NO. 2001-067 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: The City Manager is hereby authorized to execute the contract with Dunkin Sims Stoffels, Inc. for professional services for the South Electric Trail, as act and deed of the City. PASSED AND APPROVED this 12th day of November, 2001. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: APPROVED AS TO CONTENT: ~ Jim Browne, Director of Parks & Recreation '. . e Announcements and Information November 12, 2001 Announcements City offices will be closed for the Thanksgiving Holiday on Thursday, November 22-23. Trash service will not be provided on Thursday, November 22, but will be collected on Friday, November 23. The Police and Fire Departments will be collecting toys for families in need this holiday season. If you are interested, please bring an unwrapped toy by the Police Administration or to any of the Fire Stations by December 12. Information November 15 Texas Recycles Day November 17 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. 817-427-6570