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HomeMy WebLinkAboutCC 2001-11-26 Agendas . - . CITY OF NORTH RICH LAND HILLS PRE-COUNCIL AGENDA NOVEMBER 26,2001 - 6:10 PM· For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. Discuss Items from Regular November 26, 2001 City Council Meetinq (5 Minutes) Multi-Year Capita/Improvements Plan and Potential Bond 2. IR 2001-175 Election Update (15 Minutes) 3. IR 2001-178 Discuss Contribution to Santa USA (10 Minutes) 4. Executive Session (10 Minutes) - The council may enter into closed executive session to discuss the following: Deliberation Regarding Real Property under Government Code §551.072 Land Acquisition - Thoroughfare Plan (North Tarrant Parkway) 5. Adjournment - 6:50 pm *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. POSTED //d/Ol De.. ~. '() Ù O·IJL , Time eCttySoaotmy ~ðì'--' 11/26/01 City Council Agenda Page 1 of 5 . - . CITY OF NORTH RICH LAND HILLS CITY COUNCIL AGENDA NOVEMBER 26, 2001 - 7:00 PM For the Meeting conducted at the North Richland Hills Cíty Hall Council Chambers 7301 Northeast Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 817-427-6060 two working days prior to the meeting so that appropriate arrangements can be made. I NUMBER I ITEM I ACTION TAKEN I 1. Call to Order 2. Invocation - North Ridge Middle School Charlotte Fritz, Principal 3. Pledge - North Ridge Middle School Charlotte Fritz, Principal 4. Special Presentations 5. Removal of Item(s) from the Consent Agenda 11/26/01 City Council Agenda Page 2 of 5 · e e NUMBER ITEM ACTION TAKEN Consent Agenda: a. Minutes of the Pre-Council Meeting November 12, 2001 b. Minutes of the City Council Meeting November 12, 2001 GN 2001-111 c. Property Tax Exemption Options for Personal Use Leased Vehicles - Ordinance No. 2586 PU 2001-041 d. Award Bid for 2002-Year Model Vehicles to Classic Chevrolet in the Amount of $309,975 , PU 2001-042 e. Award Bid for Fire Department Engine to A TC American LaFrance in the Amount of $299,795 7. GN 2001-112 Public Hearing to Consider an Amendment to the Little Bear Creek Drainage Basin Ordinance No. 2098 to Remove a Portion of Property Indicated as Open Space, from the Map, Which is Adopted as Part of the Ordinance - Ordinance No. 2583 8. PS 2001-38 Consideration of a Request by Owen Long, on behalf of the Property Owner, for the Approval of the Final Plat of Forest Glenn East Phase I in the 8500 Block of North Tarrant Parkway 9. PS 2001-43 Consideration of a Request by Dan Quinto, Representing Arcadia Holdings Inc., for the Approval of a Final Plat of Home Town Bridge Street Bridge Addition (Located in the 8700 block of Bridqe Street) 11/26/01 City Council Agenda Page 3 of 5 · NUMBER ITEM ACTION TAKEN 10. PZ 2001-28 Continued Public Hearing to Cons,ider 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 11. PZ 2001-32 Public Hearing to Consider Ordinance No. 2577, Amending Ordinance No. 1874. Said Ordinance No. 2577 Amends the General Zoning Ordinance of the City by Amending the Table of Permitted Uses, by Amending Certain Setback Requirements, By amending the Section Dealing with Temporary Uses, by Amending Storage Regulations, by Amending the Section Dealing with Mechanical Equipment and Sc"reening of Mechanical Equipment, by Requiring Sidewalks to be Constructed in Accordance with the Public Urban Design Manual, by Amending Screening and Fencing Regulations, by Amending the Definitions Section of the Zoning Ordinance by Adding New Definitions and Providing a Savings Clause - Ordinance No. 2577 12. PZ 2001-34 Public Hearing to Consider the Following Revisions to the Thoroughfare Plan; the Extension of Shady Grove Road as the Two Lane, Undivided, Minor Collector Street (C2U) Designation from its Existing Location in a Southerly Direction to Intersect with North Tarrant Parkway; the Extension of Browning Drive as the Two Lane, Undivided, Minor Collector Street (C2U) Designation from its Existing Location in a Northerly Direction to Connect with Browning Court; and Revisions to the Street System for Home Town Development and the Surrounding Vicinity, West of Grapevine Highway, South of Mid- Cities Boulevard and East of Davis Drive - Ordinance No. 2584 e e 11/26/01 City Council Agenda Page 4 of 5 e - e NUMBER ITEM ACTION TAKEN 13. GN2001-113 Public Hearing and Consideration-of Adoption of TMRS 20-Year Retirement Benefit - Ordinance No. 2585 and Approval of 5 Year Vestinq Consideration of an Ordinance Granting a 14. GN 2001-114 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 - Ordinance No. 2582 (2nd Readina) 15. a) Citizens Presentation b) Information and Reports 16. Adjournment P05TID /f£t/-~ 3:o0t..o m fY1a~ 11/26/01 City Council Agenda Page 5 of 5 CITY OF NORTH RICHLAND HILLS Department: Budget & Research Council Meeting Date: 11/26/01 Subject: Property Tax Exemption Options for Personal Use Agenda Number: GN 2001-111 Leased Vehicles - Ordinance #2586 In 1999, Texas voters approved a constitutional amendment that authorized the legislature to exempt leased automobiles from ad valorem property taxes, provided that those automobiles are used for personal use rather than the production of income. To implement this amendment, the Texas Legislature adopted S.B. 248 during the 2001 legislative session. Currently, auto dealerships and leasing companies pay ad valorem property taxes on the vehicles in their fleets, since the vehicles are considered business personal property. Tarrant Appraisal District (TAD) appraises each company's entire fleet and sends each company a tax bill. The auto dealerships and leasing companies then send their lease customers a bill to recover the cost of the tax payment. With the passage of S.8. 248, leases that were signed on or after January 2, 2001 are eligible for the exemption, which will affect property tax revenues in the current fiscal year. According to TAD, the total appraised value of leased vehicles located in the City is $15,594,949 which will generate approximately $89,000 in property tax revenue during the 2001 tax year. TAD estimates that 67% of the leased vehicles are for "personal" use meaning the exemption would result in a $60,000 revenue loss to the City. S.B. 248 does however include a section that allows municipalities to continue the tax by passing an ordinance before January 1, 2002. If the ordinance is adopted, all leased vehicles located in the City will continue to be taxed as they currently are. If the ordinance is not adopted, the exemption will take effect and leased vehicles for personal use will be permanently exempted with only vehicles used for business purposes or personal use vehicles leased prior to 2001 still being taxed. Recommendation Continue to charge ad valorem property taxes on vehicles leased primarily for personal use by adopting Ordinance #2586. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ik¿í£/é~C De artment Head Si nature Account Number Sufficient Funds Available e fit - ORDINANCE NO. 2586 WHEREAS, in 1999 voters of the state approved a constitutional amendment that authorized the legislature to exempt leased automobiles from property taxes provided the automobiles are used for personal use and not for the production of income; and WHEREAS, in 2001 the Texas Legislature adopted S.B. 248 to implement the constitutional amendment and authorized municipalities to continue to tax such leased vehicles upon the adoption of an ordinance before January 1, 2002; and WHEREAS, the City Council finds that it will be in the best interests of the City to continue the ad valorem taxation of motor vehicles leased for personal use. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, that: SECTION 1 Taxation of Motor Vehicles Leased for Personal Use. To the extent that motor vehicles are subject to taxation by the City of North Richland Hills, the exemption provided by Texas Tax Code §11.252(a) shall not apply. The owner of a motor vehicle that is subject to a lease is not entitled to an exemption from taxation of the vehicle. SECTION 2 That should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Ordinance as a whole. SECTION 3 This ordinance shall take effect immediately after its passage as the law and charter in such cases provide. e fIJ ", Ordinance No. 2586 Page 2 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, THIS 26TH DAY OF NOVEMBER, 2001. APPROVED: Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary APPROVED AS TO CONTENT: 4~C&{' Karen Bostic - Budget Director APPROVED AS TO FORM AND LEGALITY: Rex McEntire - Attorney for City I INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2001-175 ,\ ~ Date: 71f Subject: November 26, 2001 Multi-Year Capital Improvements Plan and Potential Bond Election Update At the August 13 Pre-Council meeting, management and staff presented an outline for a possible Bond Election for multi-year capital improvements. The initial outline suggested that staff report back to the Mayor and Council with a plan of action to move forward. The outline also suggested that a Citizen's Advisory Committee (C.A.C.) might be appointed by Mayor and Council. Staff is currently working to update the list of projects that may be included in a Fall 2002 bond election. Costs of design and construction as well as inflationary factors are being considered to ensure that all costs are anticipated. Management and staff propose to bring the updated projects list back to the Mayor and Council in January. Staff is also working on criteria for the selection of a Citizen's Advisory Committee (C.A.C.). Attention is being given to ensuring that a diverse cross section of North Richland Hills' citizens is represented. A possible suggestion would be for each council member to select two representatives to the committee, with the Mayor selecting the Chair of the committee. Ideally, it would be helpful to have a cross section of business leaders, professionals and community leaders involved in the process. Some possible examples would be local business managers, small business owners, accountants, engineers, teachers, community organization leaders, and active board members. Furthermore maintaining a balance of working professionals, retired, young and old, etc in order to reach as many citizens as possible would help ensure the many facets of the community are represented. The plan calls for the Mayor and Council to appoint members of the C.A.C. in January/February. Once the committee is selected city staff will assist the committee in their selection of recommended projects for an election, as well as educating the public about the need for improvements leading up to the election. Respectfully Submitted, èIa~~ Larry Koonce Director of Finance ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS .' I . 2002 Bond Election Outline Present Potential Projects List to Mayor and Council (January 2002) Mayor and Council Appoints Citizens Advisory Committee (C.A.C.) (January 2002) · C.A.C. Meetings in conjunction with City Staff to determine referendum (February - April 2002) · Progress reports to Mayor and Council (February - April 2002) Advisory Committee recommends referendum to Mayor and Council (May 2002) Mayor and Council Calls for Bond Election June 24, 2002 Citizens Vote on Referendum September 14, 2002 (Alternate Date: November 5, 2002) Votes are Canvassed September 17-20 (Alternate Date: November 8-11) . . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2001-178 ,\ 1\ Date: ~ \; Subject: v November 20,2001 Consideration of funding Santa USA BACKGROUND This information is being presented to you at the request of Council Member JoAnn Johnson. Santa USA is a 501-C non-profit corporation. Mr. Dave Moon is the director. It is an all volunteer organization. Its principal focus is to bring joy to those who will have no holiday, those who are terminally ill, and to children of all ages. Their main activity is to fly by helicopter (sometimes use vans) into the nursing homes, hospitals and elementary schools and dressed as Santa and other holiday characters, distribute candy, cheer, and sing Christmas carols. They presently do most HEB elementary schools and retirement homes as well as others in the Metroplex. Their only expense is the helicopter cost. Cities such as Hurst ( $ ), Euless ($500) and Bedford ($ ) give money for sponsorships and receive a listing on a sponsorship list as well as special events. Santa USA would like for North Richland Hills to consider a contribution. Presently they do Snow Heights Elementary, Good Place, Meadowlakes Retirement Center and Manor Health Services (Glenview) in North Richland Hills. Mr. Moon indicates he is working with BISD now to add the remaining elementary schools next year. Staff seeks consensus to give $500 this year along with a letter requesting that next year all NRH elementary schools be added to the list. Respectfully sUbmi~ed, ) ~ ~L/~ ~/ Managing Director of Community Services and Facilities ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~,... . Present: e MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, ~EXAS, HELD IN THE PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820 - NOVEMBER 12, 2001 - 5:30 P.M. Charles Scoma Russell Mitchell Lyle E. Welch Frank Metts, Jr. JoAnn Johnson David Whitson Joe D. Tolbert T. Oscar Trevino, Jr. Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Rex McEntire Paulette Hartman Mike Curtis John Pitstick Jenny Kratz Larry Koonce Andy Jones Jim Browne Steve Brown Kaen Bostic Patrick Hillis 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 Fire Chief Park & Recreation Director Library Director Budget Director Director of Human Resources ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the meeting to order at 5:31 p.m. DISCUSS ITEMS Agenda Item No. Item No. 13 & 14 GN 2001- FROM REGULAR 108 & GN 2001-109 - Staff was asked to clarify NOVEMBER 12, if the five percent of the gross revenues to be 2001 CITY paid to the City was based on all subscribers or COUNCIL AGENDA city subscribers only. Staff advised the five percent franchise fee would be based on gross revenue from North Richland Hills subscribers. e · Pre Council Minutes November 12, 2001 Page 2 e - Agenda Item No.1 0 - PZ 2001-28 - The City Manager advised that a letter was received earlier in the day from Christian Brothers requesting that their zoning case be continued until the November 26 City Council meeting. Mr. Cunningham advised that should Council agree to continue the item, staff's recommendation would be to open the public hearing and make a motion to continue the public hearing until November 26. Mayor Scoma inquired if there were any objections from Council to moving the item up in the agenda so interested parties would not have to wait. There were no objections from the Council. IR 2001-169 Council discussed possible dates for holding a DISCUSS joint work session with the Planning & Zoning POSSIBLE DATES Commission. Council considered November 19, FOR A WORK- but was advised there were several members of SESSION WITH the Planning & Zoning Commission that would THE PLANNING & not be able to attend on that date. Since ZONING Council preferred to meet prior to the end of the COMMISSION year if possible, staff was instructed to look at other possible dates in November and December and submit to Council for consideration. J .Pitstick/S.Norwood IR 2001-170 Consensus of the Council was to cancel the DISCUSS December 24 Council meeting and schedule a DECEMBER 24, special meeting for December 17 if a second 2001 CITY meeting in December is needed. COUNCIL MEETING e ·. . Pre Council Minutes November 12, 2001 Page 3 e IR 2001-168 Mr. Steve Brown explained that this past year REVIEW OF the legislature appropriated funds for a new LIBRARY NON- program of direct financial aid to public libraries. RESIDENT FEE The amount of funding the City will receive is WAIVER based on whether the city charges a non- resident user fee. The City will receive approximately $12,000 the first year (If the program if the non-resident user fee program is eliminated. If the City retains its non-resident fee, the city would receive approximately $8,500. Mr. Brown advised he was recommending, and the Library Board had voted unanimously to recommend, that the City rescind its non-resident fee for use of the library by Texas residents. Mr. Brown explained that the ordinance that sets the Library's non- resident fee allows for the Library Director to change the fee with the approval of the Director of Finance. Council questioned if they chose to eliminate the fee could it be reinstated later. Staff advised the Council that the fee could be reinstated later. Staff advised that if the elimination of the fee resulted in additional patronage that the Library was unable to handle, the fee could be reinstated. The consensus of the Council was to proceed with allowing the Library Director, with the approval of the Finance Director, to eliminate the fee as allowed by the ordinance. S.Brown ADJOURNMENT Mayor Scoma announced at 5:55 p.m. that the Council would adjourn to Executive Session for deliberation regarding real property under Government Code Section 551.072 for land acquisition for parks. Mayor Scoma announced at 6:42 p.m. that the Council would adjourn to the regular Council meeting. e ATTEST: Charles Scoma - Mayor Patricia Hutson - City Secretary MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - NOVEMBER 12, 2001 -7:00 P.M. 1. CALL TO ORDER . Mayor Scoma called the meeting to order November 12,2001 at 7:00 p.m. Present: Charles Scoma Russell Mitchell Lyle E. Welch Frank Metts, Jr. JoAnn Johnson David Whitson Joe D. Tolbert 1. Oscar Trevino, Jr. . Staff: Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Rex McEntire ROLL CALL Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilman Councilman City Manager Deputy City Manager Assistant City Manager Managing Director of Community Services City Secretary Assistant City Secretary Attorney 2. INVOCA TION Mayor Pro Tem Mitchell led the invocation. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS e None. e . e November 12,2001 Page 2 City Council Minutes 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE PRE-COUNCIL MEETING OCTOBER 22, 2001 B. MINUTES OF THE CITY COUNCIL MEETING OCTOBER 22, 2001 C. GN 2001-105 - APPROVE THE EXEMPTION OF CITY'S HEALTH PLAN FROM HIPAA REQUIREMENTS D. GN 2001-106 - RELEASE OF SANITARY SEWER EASEMENT ON LOT 4, BLOCK 1, HUDIBURG ADDITION - RESOLUTION NO. 2001-066 E. PW 2001-020 - AWARD OF BID TO SRO GENERAL CONTRACTING, INC. IN THE AMOUNT OF $298,000 FOR RUMFIELD ROAD, PHASE III UTILITY ADJUSTMENTS Mayor Pro Tem Mitchell moved, seconded by Councilman Trevino to approve the consent agenda. Motion to approve carried 7-0. Mayor Scoma advised council and the public he would hear agenda item 10 - PZ 2001-28. 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 CONTINUED TO NOVEMBER 26. 2001 November 12, 2001 Page 3 City Council Minutes . Mr. Lou Ten Have representing applicant, advised council they are requesting to continue case to the November 26 City Council meeting. Mr. Ten Have said this would allow him to discuss concerns with neighboring property owners. Mayor Scoma opened the Public Hearing and asked for a motion to continue the hearing until November 26, 2001. Councilwoman Johnson moved to continue PZ 2001-28, Ordinance No. 2581 to the November 26,2001 City Council meeting. Mayor Pro Tem Mitchell seconded the motion. Motion to approve carried 7-0. 7. PS 2001-27 - CONSIDERATION 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 AVENUE) APPROVED . Mr. Bob Clatt, representing applicant, was present to answer questions from council. Mr. John Pitstick, Director of Development, advised council that 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, and the new lot has not been adequately tied into the public sewer line. Staff received a letter from Ace Transmission stating that they will make the sewer tie in within 24 months. Staff also received a letter from Terry Sandlin stating he would modify the existing sewer lines if the lots were sold separately. Mr. Pitstick advised council that Mr. Sandlin will sign a covenant that would require him to modify the sanitary sewer line in the event that the property is sold . separately. Staff recommends 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. Mayor Pro Tem Mitchell moved to approve PS 2001-27 as recommended by staff. Councilman Metts seconded the motion. Councilman Tolbert asked Mayor Pro Tem Mitchell to amend his motion that within 12 months of the certificate of occupancy being issued or if the land is sold separately, which ever occurs first that the applicant make the necessary sewer modifications by covenant. e November 12,2001 Page 4 City Council Minutes . Mayor Pro Tem Mitchell accepted the amendment. Councilman Metts seconded the amendment. Motion to approve carried 7-0. 8. PS 2001-30 - CONSIDERATION OF A REQUEST BY DAYTON MACA TEE FROM MACA TEE 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) APPROVED Mr. Bill Graves, representing applicant, was available to answer questions from council. . Mr. Pitstick advised council the purpose of the replat is to reconfigure the existing lot pattern to accommodate a proposed Staples Office Supply development. The Development Review Committee has reviewed the plat for compliance with the Subdivision Rules and Regulations. The plat complies with the Zoning and Subdivision Ordinance. The Planning and Zoning Commission recommended approval at their October 25 meeting. Staff recommends approval of PS 2001-30 a final plat of lot 5R, Block 6, Tapp Addition as recommended by the Planning and Zoning Commission. Councilman Tolbert moved, seconded by Councilman Whitson to approve PS 2001-30. Motion to approve carried 7-0. 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 APPROVED Mr. Bill Graves was available to answer council questions. Councilman Whitson asked Mr. Graves the hours of operation. e Mr. Graves advised council the hours of operation would be 10:00 am to 9:00 pm. e November 12,2001 Page 5 City Council Minutes Councilman Whitson also wanted to know if there would be sidewalks. Mr. Graves advised council there would be a sidewalk on Industrial Boulevard. Councilman Tolbert asked applicant if he would be willing to provide the following: (1) right in/right out on curb cut closest to access route; (2) isolate back area to hinder drivers from cutting through; and (3) erect a berm 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. 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 for approval of PZ 2001-23, Ordinance No. 2580 with the following stipulations that the site plan be changed to reflect a right in and right out at first cut in on Industrial Boulevard and that additional landscaping be added to the western portion of property to staff's satisfaction. Councilman Welch seconded the . motion. Motion to approve carried 7-0. 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 Item discussed earlier in the meeting. 11. PZ 2001-31 - CONSIDERATION OF A REVISED SITE PLAN APPROVAL REQUEST BY KEVIN SMITH FOR AN OFFICE BUILDING LOCATED WITHIN 200 FEET OF RESIDENTIAL PROPERTY IN THE 8200 BLOCK OF MID-CITIES BOULEVARD APPROVED e Mr. Sam Knoll, representing applicant, was available to answer questions from council. e e e November 12,2001 Page 6 City Council Minutes Mr. John Pitstick, Director of Development, address~d the request as it relates to city codes and ordinances and summarized recommendations of staff and the Planning and Zoning Commission. Mayor Pro Tem Mitchell moved, seconded by Councilwoman Johnson to approve PZ 2001-31. Motion to approve carried 7-0. 12. GN 2001-107 - ELECTION OF TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS - RESOLUTION NO. 2001-068 APPROVED Councilwoman Johnson moved to approve Resolution No. 2001-068 casting 43 votes for Mike Davis. Councilman Tolbert seconded the motion. Motion to approve carried 7-0. 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 Mr. Russ Wyatt, representing applicant, was available to answer questions from council. Mr. Greg Vick advised council the franchise is a ten-year agreement. Mr. Vick reported on the franchise highlights. · Customer service standards are at the high level and are identical to those set by the city in the Charter franchise. · Liquidated damages are also identical to those established in the Charter franchise · Gatehouse is required to carry educational and government channels e e - November 12, 2001 Page 7 City Council Minutes · Gatehouse has agreed to pay the city $1.00 per ,month per subscriber to fund Citicable. · Gatehouse must begin system construction within 90 days of City Council approval. · This is a non-exclusive franchise meaning 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; allowing customer to have a choice in internet service providers when they sign up for internet service over the cable lines. Ms. Paulette Hartman gave council an overview of the franchise. 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. 14. GN 2001-109 - CONSIDERATION OF AN ORDINANCE GRANTING A FRANCHISE TO LAMONT DIGITAL SYSTEMS, INC. DBA GA TEHOUSE NETWORKS FOR USE OF PUBLIC RIGHTS-OF-WAY WITHIN THE CITY FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING A CABLE TELEVISION SYSTEM FIRST READING - APPROVED Mayor Pro Tem Mitchell moved to pass on the first reading Ordinance No. 2582. Councilwoman Johnson seconded the motion. Motion to approve carried 7-0. 15. GN 2001-110 - CANVASSING OF THE NOVEMBER 6, 2001 CHARTER AMENDMENT ELECTION - RESOLUTION NO. 2001-069 APPROVED e e e November 12, 2001 Page 8 City Council Minutes Ms. Patricia Hutson, City Secretary, advised council they need to canvass the Charter Amendment Election. Resolution No. 2001-069 canvasses the election and declares that Proposition NO.1 that limits the pay for the Mayor and Council to $50.00 per meeting carried by a vote of 766 for and 611 against. Proposition No.2, which would provide for three-year terms failed by a vote of 640 for and 737 against. Council considered the following resolution officially canvassing the November 6, 2001 Charter Amendment Election: 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 Rich/and 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 IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND 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 - e - November 12, 2001 Page 9 City Council Minutes 3. The City Council declares and orders that the following Proposed Charter Amendment failed: Proposed Charter Amendment No.2, establishing three-year terms. 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. Councilman Tolbert moved to approve GN 2001-110, Resolution No. 2001-069. Councilman Welch seconded the motion. Motion to approve carried 7-0. 16. PU 2001-040 - AWARD OF PROFESSIONAL SERVICES CONTRACT TO DUNKIN SIMS STOFFELS, INC. FOR THE SOUTH ELECTRIC TRAIL PROJECTS _ RESOLUTION NO. 2001-067 APPROVED Mr. Jim Browne, Park & Recreation Director, summarized item for council. Councilman Tolbert moved, seconded by Councilman Trevino to approve PU 2001-040, Resolution No. 2001-067. Motion to approve carried 7-0. Councilwoman Johnson asked staff to provide council with an update on the various parks in the city. 17. A. CITIZENS PRESENTATION None. e e - November 12, 2001 Page 10 City Council Minutes B. INFORMATION AND REPORTS City offices will be closed for the Thanksgiving Holiday on November 22-23. Trash service will not be provided on Thursday, but will be collected on Friday, November 23. 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. November 15 - Texas Recycles Day November 17 - Critter Connection at the North Hills Malls will be open 10:00 am - 6:00 pm 18. ADJOURNMENT Mayor Scoma adjourned the meeting at 8:13 p.m. ATTEST: Charles Scoma - Mayor Patricia Hutson - City Secretary . . . CITY OF NORTH RICHLAND HILLS Department: Finance / Support Services Council Meeting Date: 11/26/01 Subject: Award Bid for 2002-Year Model Vehicles to Classic Chevrolet in the Amount of $309,975 Agenda Number: PU 2001-041 In the 2001/2002 approved budget, Council appropriated funds for the purchase of 16 replacement vehicles for the Police, Fire, Public Works, Environmental Services, Finance and Planning/Inspections departments. Formal bids were solicited and the results are outlined below. Classic Chevrolet Showcase Chevrolet Village Ford $341 ,204 $347,048 $100,044 (Incomplete and not within specifications) The bids for a service truck for the Fire Department did not meet specifications. The specifications required for the service body to be reinforced to accommodate a small crane for lifting heavy items. Neither Classic nor Showcase included this in their bids or the preferred brand of service body. The Fire Department has requested to reject the current bids and to re-bid the service truck. Without the service truck the bids would be as shown below. Classic Chevrolet Showcase Chevrolet $309,975 $315,903 Classic Chevrolet and Showcase Chevrolet are two of the most competitive Chevrolet fleet dealers in the area. Classic was low bid in 2000 and Showcase was low bid in 1999. Hudiburg Chevrolet and Jerry's Chevrolet stated that they were too busy to turn in bids. Recommendation: To reject the bid for the Fire Department service truck and to award the bid for the remaining 15 vehicles to Classic Chevrolet in the amount of $309,975. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget o~ W#J De artment Head Si nature Page 1 of 1 ·., , ,.>~_.- ,." ." .,'" " "."", ~ 0·'" '.<'''-f' ,<> ~:w '. "'" .' .' .'." .. ,'. .,' ... " . 1 CITY OF NORTH RICHLAND HILLS Department: Fire/Finance / Support Services Council Meeting Date: 11/26/2001 Subject: Authorize Purchase of Fire Department Engine from ATC American LaFrance in the Amount of $299,795. Agenda Number: PU 2001-042 In the 2000/2001 approved budget, Council appropriated funds for a new Engine (pumper) for the Fire Department. This Engine will replace a 1988 Emergency One Engine currently in front line service at Fire Station # 4. The 1988 E-One Engine will rotate to reserve status replacing the current reserve, a 1986 Sutphen Engine that will be sold at auction. The new Engine will be a custom, rescue body style pumper. The Fire Department prepared specifications for the new Engine. The specifications were generic in nature and described a custom apparatus with a rescue body design. Competitive bids were sought and three vendors submitted bids for our consideration. The three vendors and their bid prices were as follows: Around the Clock (American LaFrance) Martin Apparatus (Pierce Dash) Emergency Vehicles of Texas (E-One) $299,795 $301,524 $330,440 The Fire Department and Purchasing evaluated the bids to ensure the intent of the specifications was met and all requisite fixed equipment was included in the final bid price calculation. A spreadsheet was prepared to assist in comparing these final bid price calculations. A committee consisting of representatives from the Fire Department, Finance, Support Services, and the City Manager's Office was convened to review the findings. The Fire Department, with the concurrence of the review committee, recommends awarding the bid for the new Engine to the low bidder, A TC American LaFrance in the amount of $299,795. The American LaFrance engine is a duplicate of the engine approved by Council February 2,2001, PU 2001-015. A TC American LaFrance also offered an early payment discount of $8,400. Finance has compared this discount with potential interest earnings if funds are held until delivery of the engine. The City could realize as much as $2,300 benefit by taking advantage of the early payment discount. The City is also insured of delivery of the product by the performance bond that was required with this bid. Emergency Vehicles of Texas is located in North Richland Hills but the amount of their bid does not fall within the required 3% of the low bid to qualify under the local preference statute. Recommendation: To authorize purchase of a new Engine for the Fire Department from A TC American LaFrance in the amount of $299,795 and that the City take the early payment discount of $8,400, making the total cost to the City $291,395. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 510-7032-712.74-10 SUff~ Funds Availa e "¿l/~d~Æ' Budget Director ~~~œD;~ City Mana§éf Signature . _CkttQ/(f a~ç.b~\ Department ead Sig ure Page 1 of 1 . . ~ to CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 11/26/01 Subject: Public Hearing to amend Exhibit B of the Little Bear Agenda Number:GN2001-112 Creek Drainage Basin Ordinance to remove a portion of property indicated as open space, from the map which is adopted as part of the ordinance. Ordinance #2583 CASE SUMMARY The purpose of this revision is to amend the graphic map portion of the Little Bear Creek Drainage Basin Ordinance to reflect current information regarding properties to be affected by the ordinance (see attached map). The area of the map proposed for removal is both north and south of North Tarrant Parkway. The property north of the North Tarrant Parkway was removed prior to November 2000 because it was determined that the area was not of environmental significance and could be readily reclaimed for development. The area south of North Tarrant parkway is platted as Forest Glen East. The preliminary plat of this addition was approved prior to the Little Bear Creek Ordinance becoming effective. Therefore dedication of the floodplain was not a requirement on the final plat. The final plat of this addition has been approved by the Planning and Zoning Commission and is scheduled for City Council consideration on November 26th (tonight's agenda). A comment indicating that a 15 acre mitigation area, recommended by the Corps of Engineers, has been made on the plat. This dedication should be filed by separate instrument with the plat of Forest Glen East. The applicant agrees with the comment. Recommendation: To approve Ordinance #2583. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ¡ ~/--¡) - ~ - ~C~Ì'\ ~.~ Department Head Signature Account Number Sufficient Funds Available Finance Director ...p/J /~ /' -/v-~~~ ~/ City Man~ Signature L:\Cases\PZ Cases\Cover Sheet CC.doc littlebearcreek Page 1 of 1 Area to Be Deleted . I: i ¡! ~r ~/~ ' ' / ~~ .'/ Ii i ':rT: q ¡---:r / I ,I i I ¡ , , ~ <:)' ,"-----' i, : ¡f-J I,. ....., ,I ", ' , I I -.'.' .. I / I I ': ,J ,~r-D 'nl ""J , \ ~- "bl I," ~ , LJ: \ w / /: 1 SHA~i-<i:a,OV'E ItD';;!1 I :: i :! . . i"'~"- --~- - --- ì l 1---:: /;.....'-..... I . l ;; '" '--- l-c-". .; :,,-_.,_._,..._-----, ,. ... ~;~,,- \. ....... , , f-+ ~.- ~.i!;"""""___,,,--" ..____r-' ~-,- ~~,: ·~c - -~ ..---' ~~~ ~ ¡-- -;~ //1 ~ i' i//' , .~ . . /'/' .' I ,'~ ,<./'V~ ,~,Ä.~~ "~~~L1 . i--;=H --'-11--\ " :--:..;-.-: \ /..."!1~:~ \ ,.... " 'Z'. ,~i ,Q,: 'I. '" '1 i': ~>~: -',c:,c:/~(y/: ... -~~~=- '~ 'iI' ---.. ' . Eb" ~ , -... '--,. " >---"--'-- , . , ',~ , t J' '...... tl---~ I , "-... _¡¡--I ,: 'L ---- -- . , , , '. ~'l~~' Sfy RO,j--- .......,.~ j---- 'j, - ~~~~ DR. ~'-~.~ - ~~ -=~~. .."?' /\', :~_.~" :·~/./r/· ,__._ ;L/.···_.;··.,.-~-~ =~ .,-r-' '# -=L_: aJ -;;-- ~~_ :~I ~~~/-,~.; ! 4: .'-::~_...... _ --~o ""'-~'! . ,;--.-::, ,_,:IN. ;;tt!v "--~.r -' -- , ,-' '- -? .._~:-~==:;,¿ -=..~ ~ c;, -__ ~ "2) ~MFIElD RD. L. , I I r---l -, ~' u..,,,:, :;- , .¡ , . ~ ~ .~ <.n ~------> ,:-:~ .---.e: .-- .- -- " ~:=f-=-··-~F ./- -t...---~... ~-~'~4-[-~.¿~:J¿..~_.~~~ ------..... ... I \ \ \ \ \ \ \ \ tþ II I'" ,. , I: ~---. -- Little Bear C r e e k Co r rid 0 Boundary Map EXHIBIT "B" N@)RTH RICHLAND HILLS I LEGEND Property Lines Roads . Cor rid 0 r B 0 U n d a ry (Flood Plain) i~ Buildings in L--J Flood Plain ..?:..;;;;i~~.. En vir 0 n men t a II y _"'P'J.: Significant Area 1 --- <00 100 1208 16QO t;IIA'.IC Ic:..... 'N "In . ..---..) \~I ~ -~ AICflNFO 0---:.:.=--è GEOGRAPHIC INFOR""ATlON SYSTEMS II KNOWlTON- ENCUSH-FLOweRS. INC. ~~asl'-_~ -Effective Date: December 11. 1995 Revised: January 22. .,996 · ORDINANCE NO. 2583 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS REPEALING ORDINANCE NO. 2098; BY AMENDING EXHIBIT B DEFINING THE LANDS TO WHICH THIS ORDINANCE APPLIES; THE REMAINDER OF THE ORDINANCE WHICH ESTABLISHES DEVELOPMENT STANDARDS IN APPROVAL OR DISAPPROVAL OF FUTURE PLATS WITHIN THE LITTLE BEAR CREEK DRAINAGE BASIN REMAINS UNCHANGED PROVIDING A SAVINGS CLAUSE AND PROVIDING EFFECTIVE DATE. ·WHEREAS, the City Council has adopted the Little Bear Creek Corridor Study, attached as Exhibit A, for reference, which establishes the preservation of and defines, the environmentally significant areas located in the creek corridor, and recommends establishing a flood plain control ordinance to prevent the channelization of this corridor and to preserve its flood plain as a natural drainage way; and WHEREAS, the Little Bear Creek watershed is rapidly developing, which will increase the storm water discharge and correspondingly increase the water surface elevation; and WHEREAS, the City Council has recognized the Little Bear Creek Corridor as an open space connector as a part of the Comprehensive Land Use Plan as well as part of the City- · wide Trail System Plan; and WHEREAS, the City of North Richland Hills has identified a need to maximize adjacency of public streets to the creek corridor and its tributaries; and WHEREAS, the City of North Richland Hills recognizes the inherent beauty and value of the creek and development strategies which preserve it as a natural resource; and WHEREAS, the Little Bear Creek Corridor Boundary Map, attached as AMENDED Exhibit B, presents a flood plain delineation for Little Bear Creek based on a fully developed watershed, and presents delineation of environmentally significant areas consistent with the development guidelines presented in the Little Bear Creek Corridor Study. NOW, THEREFqRE, BE IT RESOLVED BY THE CITY OF NORTH RICHLAND HILLS, THAT: · This ordinance shall be considered as guidelines for the Planning and Zoning Commission in approving or disapproving plats in that portion of the Little Bear Creek drainage area which is defined below, in the body of the ordinance and any exhibits thereto. The controls in the platting considerations, which are set out in this ordinance, are adopted as legislative and discretionary acts of the Council in prescribing regulations within a specified portion of the City which shall only apply to subdivisions which are platted in the future under the platting function imposed by statute. These regulations so prescribed and · · · enacted are: Article 1 Purpose and Intent Section 100. Goals and Objectives The City of North Richland Hills recognizes the natural landscape along Little Bear Creek flood plain as a unique setting distinct to North Richland Hills. To ensure that this characteristic and quality are maintained and enhanced, these guidelines and this ordinance are established: A. To enhance drainage functions of the corridor while preserving the natural qualities of the creek. B. To create a linear greenbelt system that will complement and enhance adjacent development. C. To support the objective of maintaining a balanced and diverse landscape which promotes a rural character. D. To encourage parkways to run along the flood plain for public access and to maintain vievvs. Section 110. Compliance with Flood Damage Prevention Ordinance No. 2061 Nothing contained herein shall exempt any development from the requirements contained in the Flood Damage Prevention Ordinance, as adopted and amended by the City of North Richland Hills. The requirements contained herein shall be in addition to any requirements contained in the Flood Damage Prevention Ordinance. Section 120. Delineation of Area Where Regulations Apply These règulations shall be applicable to all new subdivisions and re-subdivisions within the corporate city limits which are located in and within one hundred fifty (150) feet of the Little Bear Creek fully developed 100 year flood plain limits, and it's major tributaries, as identified on the Little Bear Creek Boundary Map. Section 130. Establishment of a Development Review Committee The City Manager shall appoint a Development Revievv Committee comprised of representatives of the Public Works Department, Planning Department, Parks and Recreation Department, and other staff as deemed appropriate, to review proposed subdivisions or re-subdivisions for consistency with this ordinance and the Development 2 · · · Guidelines identified in the Little Bear Creek Corridor Study and the Little Bear Creek Boundary Map, and make recommendations to the Planning and Zoning Commission. Article 2 Reclamation Options Within the Fully Developed Flood Plain Section 200. General Requirement The base flood elevation and flood plain used for design and planning shall be evaluated upon total storm water discharge quantities that will, through future urbanization, be -generated from a fully developed watershed. Reclamation of land areas located within the fully developed floodplain of the Little Bear Creek Corridor and its tributaries are discouraged by these regulations. The drainage way of the creek and it's major tributaries shall be left in a natural state where possible to control erosive velocities, prevent excessive downstream discharges and preserve the natural effect of the stream. When a development is proposed in the platting process, which intends to reclaim any portion of the fully developed 1 OO-year flood plain, the requirements of this Article shall apply. Section 210. Reclamation of Flood Plain No portion of the fully developed 100-year flood plain shall be reclaimed unless all of the following criteria have been satisfied: A. It can be demonstrated that there will be no rise in the 100-year frequency flood elevation for a fully developed watershed. B. No environmentally significant area, as established in the Little Bear Creek Boundary Map, will be adversely impacted. C. Any flood plain remaining after final reclamation shall be designated in accordance with Section 220 of this ordinance. Section 220. Designation of Fully Developed 100 Year Flood Plain Where land is considered for development and reclamation or partial reclamation has been approved and accepted, or where no reclamation of the fully developed 100-year flood plain is proposed, the following alternatives shall apply: A. Any flood plain remaining after final reclamation shall be dedicated as a drainage and public access easement to the City to prevent further encroachment, allow 3 · · · B. public access, and assure proper drainage maintenance. Any flood plain remaining after final reclamation, if so desired by the applicant, may be dedicated by plat or fee simple title to the City. C. When a portion of the fully developed 1 DO-year flood plain is contained within the limits of a subdivision plat, it shall be designated on the plat as a "Drainage and Public Access Easement" or, if so desired by the applicant, may be designated on the plat as dedicated to the City. D. Flood plain designation, as described in this article, shall be concurrent with the approval of final plat or replat in the statutory platting process. Article 3 Development Standards Section 300. Maximizing Public Exposure and Providing Public Access to the Flood Plain To the maximum extent feasible, subdivisions shall be designed so as to maximize public exposure and provide access to the flood plain corridor. Every new subdivision or re- subdivision shall provide for public access to the flood plain and open space by the alignment of streets along the frontage of the corridor as demonstrated in Figure 1 on Exhibit C attached hereto. When it is not possible to align streets along the corridor, access points shall be provided through the use of cul-de-sac's opening onto the flood plain and loop streets paralleling the flood plain. Lots shall either front or side the flood plain. Cul-de-sac's shall open onto the flood plain, providing maximum public access. No lot shall back to the flood plain, unless when absolutely necessary due to engineering constraints or upon recommendation of the Development Review Committee. Section 310. Residential Street, Access, and Visibility Easements The development requirements of this section shall apply to every new subdivision or re- subdivision of property located within the Little Bear Creek Corridor. A. Lots located on Residential streets and Minor Collector streets shall provide a minimumJwenty-five (25) foot front building line to retain and enhance the natural qualities of the corridor, reinforce the development image, and create a continuous road edge. B. Visibility Sight Triangles, as shown in Figure 2 on Exhibit C attached hereto, are required. No fence, screening wall, sign, structure, hedge, tree, or shrub shall be 4 · · · erected, planted or maintained in such a manner so as to obstruct or interfere with a clear line of sight of the drivers of approaching motor vehicles within a visibility sight triangle. Within this triangle, vision shall be clear at elevations between thirty inches and nine feet above the average curb grade. On corner lots where two C2U Minor Collector streets intersect, or where a C2U Minor Collector street intersects with a R2U Residential street or larger, the triangular area shall be formed by the greater of either (1) extending the two curb lines from an imaginary point of intersection a distance of thirty-five feet and connecting these points with an imaginary line, thereby making a triangle, or (2) extending the property lines, from their point of intersection, a distance of fifteen feet and connecting these points with an imaginary line, thereby making a triangle. In cases where streets do not intersect at approximately right angles, the Public Works Director shall have the authority to vary these requirements as deemed necessary to provide safety for both vehicular and pedestrian traffic. C. North Tarrant Parkway and Davis Boulevard shall have a minimum 30 foot visibility and access triangular easement, as shown in Figure 3 on Exhibit C attached hereto, adjacent to the right-of-way line within the limits of the corridor as described in Section 120 of this ordinance. Article 4 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 judgement or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any 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 or any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 5 · · · Article 5 Effective Date That this ordinance shall be in full force and effect from the date of passage and approval, and shall in no way effect subdivisions which have been previously approved or filed for approval. Ordinance No. 2098 is hereby repealed and replaced by this ordinance. PASSED AND APPROVED this the 26TH day of November, 2001. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary Rex 6 · · · ".EXHJ61T A" A Development Guide for the LITTLE BEAR CREEK CORRIDOR N®RTH RICH LAND H I l.l 5 Newman, Jackson, Bieberstein, Inc. Urban Planning and Landscape Architecture Dallas, Texas "EXHJBIT C" . . . Figure 1. Typical Street AJignment Along The Corridor · · · " VISIBILITY TRIA.NGLES 1lTILIZA110N OIi VISIIIlLlTY TRIANGU~S FOR ALL ROADWA Y INT¡~K.sE('TI()NS IUU: CZlJ I r(;u ÞU 1 J CtJ 1 Z ¡ C..U l J M4U I 1 MSU J J ~4U I J M6D 1 J J _.. ..- _. --. l'6U 1 2 1 J Noe,,: /liUlnber. relet l\! ¡Ppto~X'la1C ' t~"'in8' No fena:, screening walL billboard. sign.. struCtW'C. hedge, !rea:. or sbrub shall be erected. planted or mamL'Ûned in suc.b a manaer so as [0 interfere with a c1e3r line of sight at elevations betwet:n tbitty (30) inches and ruDe (9) feet above the av.:rage curb ¡;.rode. (See Section 600) <4!r Pr~ny t..i".. .. ... . ... ... \~-~':':":"'-"~~~:~'~.-...~,.r,.=..:~ .,. ;~~~~:-.. .. - ,\'.- ~~...........~.,...,._.:::::,~~~~ ~,........_~ ...~...~~:I.:.!:~ ~~~1B.=t.........-..:.: · ;;.....:,::7~..~~::f:·:~.:.:.~.~~:::::·~~~~~-;:~~$.!.7 ~~I ~:~:..... .~.<...,.. 0'1 _.' _...:0,. "" :'~~,';,:"-..'}~~'" .. ...._.;.,:: '~~...I ;'.' .~ t'. '.,.-. I.....;...:... :.....,,-..;-.:&.~~...,,:;-'r..:!i"I.:.,,~~u.. "'-' . ';';''':,:-: ';'~""~"""~":~:"~.I'''_~L'~ ;.x.: .~.:rJ~"':-~" .v..:-¥.... J,~ .....'... :'~~...:.2.~..,"'-.:.~~-.:!.i"--':...~ ;¡.r,.." ¡"'JIi...~. ~, ._'_....,~.:t;."'~1.,..._ ..t. ~~. ~::~:~~1~~1~JJg~~~:~~f~··· . Figure 2. Visibility Sight Triangle C" M«I$un al curb Ii". Dr prøp~r", II.".. -- - - - ì" I I I I I 1 I I I ____..J -- ----ì I I I I 2 I I , I ~ - - - - --, I I I 3 " I I , I 1..---- ¡.. ~", ~ .....:~:..~ :-";f~V'$IIJJII'Y ':./ I ¡daÞg'- I I I L_ _ _ _ _ + I I I I L _ _ _ __ + . "EXHIBIT C" . . Figure 3. Visibility and Access Easement - Davis Blvd. and North Tarrant Pkwy. >- L.. ra "U >-ra c:: -111 ::J -.... 0'2 c:: ~< c:a '- .- c:: c:: ra .- 111..... I " +-....>- L.. ã: ~~ E ~ V 0 c::Q. c:: U W 0.111 III ~"U._ 0:;: "U L.. 0 " " .. .- .J 0.... ra .... 0 - 0 '- c:: o 0 - .:; 0 > 0'1 Q. ~ U u. - c:: .- ~ c:au. 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III I J I n III I LI J 11 i ll.1 lJII.UJJ l\"'\~ ~ ll·ll~l.t II!J1 i.", HHJJJ IUlJIJ1.I.lJIJ}(1 \i ,j,'\J ¡']' A~~[i ~.'}}UUJIUII I I U /rIIIJ '; ~\71,L. :!~!i~~..\, ~\'}i II} IIII' 111 Ufï,.i II IINII i , \dNl~~Jr~, ." !¡~~ 111.1\1 I I I I I. f. 1/1.111(.1 .'_ /111/1 ïnJi I , ,\\ ,.- I ¡¡II ¡JiLl 111-\, A~ '1:1/11 § , II! r " t, ~I - ~ -.--- >. I; J CITY OF NORTH RICHLAND HILLS . Department: Planning & Inspections Department Council Meeting Date: 11/26/01 Subject: Consider the request from Owen Long for the approval of Agenda Number: PS 2001-38 the Final Plat of Forest Glen East Addition, Phase I located in the 8500 block of North Tarrant Parkway. CASE SUMMARY: This plat was approved by the Commission on April 12th as PS 2000-11 subject to meeting all the Public Works Department comments. The City Council tabled the request on May 14th pending a letter from the Corps of Engineers concerning authorization and conditions to develop in a designated wetland area. Subsequently, the Council postponed the request on June 11th and June 25th and denied the request on July 23rd. The Council's action did include the waiving of fees should the applicant wish to resubmit the site plan request. The applicant has recently received approval from the Corps (letter attached) and has resubmitted the plat request. Attached is a letter from the Public Works Department concerning this development. 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. Comprehensive Plan: The Comprehensive Plan Update indicates residential uses for a majority of the site with a small portion (Lot 40, Block 15) for commercial uses. The proposed plat is in conformance with this depiction. The proposed residential portion of the plat is currently zoned R-2, while the commercial portion is zoned C-1 . This plat submission is exempt from some of the City's new regulations because the preliminary plat was filed prior to passage of new regulations. The applicants are also requesting several exemptions from the current ordinances. Following is an outline of specific requests for this plat. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _¿J } O~tQ J:2w 7!}/ Department Head Signature Account Number Sufficient Funds A vallable Finance Director de~ City Manager Signature PS 2001-38 Forest Glen East CC Page I of2 . . , CITY OF NORTH RICHLAND HILLS . The northern portion of the plat is shown as open space on the Comprehensive Plan. This area is a tributary of Little Bear Creek. It is shown as a portion of single family lots on the plat and is to be dedicated as a 50' wide drainage easement. The Little Bear Creek Committee supports the removal of the open space designation on the Comprehensive Land Use Plan. An item is included on the City Council agenda for formal action to remove this section from the Little Bear Creek requirements. . A Channel Maintenance Agreement and a Homeowners Association Agreement responsible for maintenance of the channel through the subdivision have been received as part of the current plat submittal. .. The proposed driveway approach on Lot 40 does not meet the City's spacing requirement. However, a site plan and Traffic Impact Analysis has been submitted and approved for an after school child center at this location with an additional driveway. · The developer has dedicated a 200' wide strip of land for North Tarrant Parkway from Precinct Line Road to the western city limit line. The applicant has requested a waiver of escrow and construction requirements for their portion of North Tarrant Parkway. · This final plat was submitted on March 3, 2000 and is therefore not under the requirements of the Tree Preservation Ordinance. . The plat is exempt from the parkland dedication ordinance. · As part of the Corps of Engineers approval to eliminate open natural channels a mitigation plan requires the transfer of approximately 12.44 acre as a permanent wetland preserve. The developer has surveyed a wetland area of 15.68 acres directly south of the proposed residential addition. Staff is requesting that this wetland area be filed with the county at the same time the plat is filed. Recommendation: The Planning and Zoning Commission at their meeting on November 8, 2001, recommend approval of PS 2001-22 by a vote of 7-0. To approve PS 2001-38 a Final Plat of Forest Glenn East Addition as recommended by the Planning and Zoning Commission with the stipulation that a separate instrument for a 15.68 acre wetland and pedestrian access easement be filed at the same time as the final plat. CITY COUNCIL ACTION ITEM Page 2 of 2 .,.. · · · Staff recommends approval of the revised plan subject to comments from Public Works and the Fire Department. Doug Blue, seconded by George Tucker, motioned to approve subject to staff comments. Motion was approved 6-0-1, with Tim Welch abstaining. 6. PS 2001-28 REQUEST FROM DAN QUINTO, REPRESENTING ARCADIA HOLDINGS, INC. FOR THE APPROVAL OF A REVISED PRELIMINARY PLAT OF HOME TOWN NRH ADDITION, FORMALLY NRH TOWN CENTER ADDITION LOCATED IN THE 8700 BLOCK OF BRIDGE STREET. APPROVED Zoning Administrator Cathy Horton summarized case by stating a revised Preliminary Plat of Home Town NRH Addition had been submitted by Dan Quinto of Arcadia Holdings, Inc. The Development Review Committee reviewed the plat for compliance with the Subdivision Rules and Regulations. As compared with the approved preliminary plat, the revised plat shows a reduction in the number of residential lots. The applicant's engineer maintains that the number of residential lots proposed will fluctuate according to market demands as each phase is developed. Some individual lot configurations have been revised with the addition of alleyways or alleyway extensions. The revised plat, however, does propose changes to street alignments, intersections and pavement cross sections. These thoroughfare street revisions will be presented to the Commission for consideration in the near future. Approval of this revised preliminary plat will be contingent upon the approval of the proposed thoroughfare changes. Staff recommends approval of the revised preliminary plat subject to the comments outlined by Public Works. The plat should also reflect the correct residential lot totals and acreage devoted to commercial/residential use. Additionally, amendments to Ordinance 2350 and 2360 will be needed to be made to reflect new street cross sections CS 106-60 and CS 100-60. . , Scott Turnage, seconded by Don Pultz, motioned to approve subject to staff comments. Motion carried unanimously 7-0. ~ 7. PS 2001-38 REQUEST FROM OWEN LONG, ON BEHALF OF THE PROPERTY OWNER, FOR THE APPROVAL OF A FINAL PLAT OF FOREST GLENN EAST ADDITION, PHASE I LOCATED IN THE 8500 BLOCK OF NORTH TARRANT PARKWAY. Page 3 11/08/01 P & Z Minutes · APPROVED Zoning Administrator Cathy Horton summarized the case by stating the plat was previously approved by the Commission on April 12, 2001 as PS 2000-11 subject to comments by Public Works. The City Council denied the request due to a lack of information from the Corps of Engineers concerning authorization and conditions to develop in a designated wetland area. The Council's action did include the waiving of fees should the applicant wish to resubmit the site plan request. The applicant has recently received approval from the Corps and has resubmitted the plat request. Staff recommends approval of the final plat subject to approval of the final construction plans by Public Works. In addition, a comment that the mitigation area identified by the Corps of Engineers should be dedicated to the City by separate instrument and the area and volume and page shall be shown on the final plat of this addition. Douglas Long, representing the property owner, asked about engineering comments mentioned by Cathy Horton. Mike Walker from Public Works stated that all the comments on the plat had been resolved. Mr. Long also asked about the wetlands document being signed and made a part of the plat. He objected feeling that the wetlands are not part of the plat. He didn't have a problem filing the separate instrument with the plat, but they are not one in the same. · Tim Welch asked about the off-site mitigation being done during construction. Mr. Long replied that there wasn't any, other than to grass the wetlands. Tim Welch, seconded by Don Pultz, motioned to approve subject to staff comments. Motion carried unanimously 7-0. 8. PS 2001-43 REQUEST FROM DAN QUINTO, REPRESENTING ARCADIA HOLDINGS, INC., FOR THE APPROVAL OF A FINAL PLAT OF HOME TOWN BRIDGE STREET BRIDGE ADDITION LOCATED IN THE 8700 BLOCK OF BRIDGE STREET. APPROVED Zoning Administrator Cathy Horton summarized the case by stating a final plat of Home Town Bridge Street Bridge Addition has been submitted for approval by Dan Quinto of Arcadia Holdings, Inc. This plat includes only that portion of Bridge Street that spans the water feature of the Hometown NRH project. Staff recommends approval of the final plat subject to comments by Public Works. · Tim Welch asked the applicant to describe the bridge to the commission. Page 4 11/08/01 P & Z Minutes · \' '.. .. ,. ~ ~ I~ I ,~ w > ~~ '" ~ \S) ~ 0 \..l-\ '" ."" 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" on '" §N N c: <T c: IS> ~ " · . - '" ~~ g:~ m~ " " 0: IS> >- . ~ \ ----- c: o ;¡ .- "'C "'C <C ... ( ) CU 0) W( ) c: CU c:.c: 0)0.. - C) ... ( ) 0) .... o LL ..-; c: " ~l 3 :; NRH PULiic ''/Vorr; LC:""Yì:'-;,:Sti,'J:!Cr. · CITY OF T\ORTH RICHLAND HILLS October 31,2001 MEMO TO: Dave Green, Planner FROM: Mike Walker, P.E., Assistant Public Works Director RE: FOREST GLENN EAST ADDITION, PHASE I, PS2001-38; Final Plat Public Works has reviewed the plat and have the following comments. 1. Previous plat comments have been addressed. 2. Final construction plans are currently being reviewed by Public Works. · Mik'irlfl~d<-/ Assistant Director of Public Works HMW/mjs/pwm2001-156 cc: Mike Curtis, P.E., Public Works Director · c rì 8:J:< 22f~i("c;r1 ... \j. rp~ ;::;iC:~i(l'~~: ,--:: :: :~·\;:jS * 7Ö'H2-{h)I-~~~" "":-1 !\jor:I~~~s: _:-:c':~ ·~2C * d";-J.~--:-r::l(~ :¡ .. F,iJ.¡,< ;~;:7-427-l)L(::-. - ._.. . ~......,., .......-- "'- - ..._~-..- '.....,_. - DEPARTMENT OF THE ARMY FORT WORTH DISTRICT. CORPS OF ENGINEERS P. O. BOX 17300 FORT WORTH. TEXAS 76102-0300 REPL y TO ATTENTION OF September 20,2001 Environmental Division Regulatory Branch SUBJECT: Project Number 200000609 Mr. C. Keith Bradiey, REP Keith Bradley & Associates, LLC 416 N Main Street, Suite 120 Euless, Texas 76040 OCT 0 2 ZOOl NRH Public Works Dear Mr. Bradley: . Thank you for your letter of September 13,2001, to Ms. Jennifer Walker of my staff, requesting a modification to the special conditions ofBHL Joint Venture's authorization under nationwide permit 39 for Department of the Army project number 200000609 to construct the Forest Glenn Addition in the city of North Richland Hills, Tarrant County, Texas. Specifically, you requested that we modify the authorization to address a revised mitigation plan titled "Mitigation Plan Forest Glenn East, North Richland Hills, Texas". Please continue to include this number in all future correspondence concerning this project. Failure to reference the project number may result in a delay. We have reviewed, and hereby approve, your request for a modification of the permit special conditions. The special conditions for this authorization are modified as follows: 1. Modify Special Condition 1 to read as follows: 1. The permittee shall implement and abide by the mitigation plan titled "Mitigation Plan Forest Glenn East, North Richland Hills, Texas" dated September 13,2001, prepared by Keith Bradley & Associates, LLC. The permittee shall implement the mitigation plan approved by the USACE concurrently with the construction of the project and complete the initial construction and plantings associated with the mitigation work prior to the completion of construction of the project. Completion of all elements of the final mitigation plan is a requirement of this permit. 2. Modify Special Condition 2 to read as follows: . 2. The permittee shall dedicate in perpetuity by deed restriction, as a wetland and wildlife preserve, the approximately 12.44-acre mitigation area located southeast of the Forest Glenn · · · 1 .....--.---. -2- East Addition identified in the mitigation plan referenced in special condition 1, above. The only exceptions to the deed restriction shall be easements in existence on September 20, 2001. The mitigation area shall not be disturbed, except by those activities that would not adversely affect the intended extent, condition, and function of the mitigation area. Unless otherwise specified, livestock grazing, mowing, and similar activities are not allowed. The permittee shall survey the mitigation area, develop an appropriate deed restriction for the surveyed area, submit the draft.deed restriction to the USACE for review and approval, and record the USACE approved deed restriction with the County Clerk. The pe~ittee shall provide a copy of the recorded deed restriction to the USACE by February 20, 2002. The restriction shall not be removed from the deed or modified without written approval of the USACE and conveyance of any interest in the property must be subject to the deed restriction. This modification is effective immediately. All other terms and conditions of the original permit remain in full force and effect. If you have any questions concerning this letter, please contact Ms. Jennifer R. Walker at the address above or telephone (817)978-7547. ~(i/~ £r,Wayne A. Lea U· Chief, Regulatory Branch Enclosures · MITIGA TION PLAN Forest Glenn East, North Richland Hills, Texas USACE Project 200000609 Prepared by KEITH BRADLEY & ASSOCIATES, LLC September 13, 2001 The mitigation plan consists of the following: I. Transfer of an approximately 12.44-acre plot to the City of North Richland Hills as a wetland preserve. The location of the preserve and the project is provided on the attached figure. 2. The developer will place gabion baskets on the bottom and soil retention blankets on the sides of the ephemeral stream LB2 above the wetland preserve. A cross-section of the stream improvements within the development (approved by the City of North Richland Hills City Engineer, Greg Dickens) is attached. 3. Native grasses will be seeded in the soil retention blankets on the side slopes of the stream LB2 within the residential development. At least two species native to North Central Texas will be seeded, likely to include blue grama (Bouteloua gracilis) and buffalograss (Buchloe dactyloides). · 4. It is intended that mowing of the seeded grasses will not be required. The selected grass species typically do not grow over I foot tall and compete extremely well against invader grasses and weeds. Mowing or clearing will be perfonned only as necessary to cut vegetation (including woody vegetation) that has presented an impediment to water flow or some other nuisance. It is anticipated that the native grasses will not require maintenance and that maintenance will only involve occasional removal of woody vegetation. · . - " -.- .,....----.---- . It ----.. Keith Bradle~ Rssociates 817-684-1957 p.-~ .S e p 1 3 0 1 0 1 : 3 3 p · KEITH BRADLEY & ASSOClA rES, UC 416 N. Main St, Suite 120 Euless, Texu (817) 684-1628 FAX: (817) 684-1957 September 13,2001 Ms. Jennifer Walker Regulatory Branch CESWF-EV-R Fort Worth District, Corps of Engineers P.O. Box 17300 Fort Worth, Texas 76102-0300 Subject: Revised Mitigation Plan, Forest Glenn East Addition, North Richland Hills, Texas, USACE Project 200000609 Dear Ms. Walker: · Áfj a follow-up to my letter to you of August 31, 2001 regarding requested modifications to the NWP 39 authorization for the subject project, I have revised the previously proposed mitigation plan for the project on behalf of BHL Joint Venture. Specifically, the revised mitigation plan removes the 7.56-acre plot planned for a City of North RichJand Hills City park from the plan. A revised Mitigation Plan is attached. The change from the originally proposed mitigation plan and the impacts of those changes are described in the following paragraphs. Chan2e from Original Mitigation Plan The original Mitigation Plan included the transfer of approximately 20 acres to the City of North Richland Hills for a nature preserve. Since that plan was submitted, the City has reconsidered their plans for a portion of the tract and now wishes to develop a public park on approximately 7.56 acres of that 20-acre parcel. The required deed restrictions may not be consistent WIth park development, as the park would be routinely mowed and may have sidewalks and other impervious surfaces. The revised Mitigation Plan removes the approximate 7 .56-acre parcel from the original parcel to be transferred to the City, leaving approximately 12.44 acres to be transferred to the City as mitigation for the proposed project. · Impact of Change from Original Mitigation Plan The 7.56 acres planned for park development is the upland portion of the original 20-acre mitigation area. The 7.56 acres has been cleared of most trees, but nonnal vegetation for the parcel, as dete.rm.ined from nearby vegetation on land with similar soils and hydrology, is dominated by post oak, mesquite, southern hackberry, great raS'....eed, rescuegrass, bwndia, round-seed panic grass, castcm redcedar, broYm-eyed Susan, perenrual ryegrass, and panic grass (species unkno.....'!1). All of those species are in the range ofFAC to FACU, with the exceptIOn of panic grass, which has a range of OBL to F ACU+, depending on the species, and post oak and rescuegrass, which are NT and not listed, respectively. No wetland hydrology or hydnc soils are in the 7.56-acre plot. The remainder of the 20-acre parcel, approximately 12.44 acres, receives drainage from the entire tract, including the 7.56 acre plot, and includes both upland and wetland vegetation. Some portions of the 12.44-acre plot include upland vegetation and conditions described for the· 7.56-acre plot. The lower portions of the l2.44-acre plot, generally in the eastern part of the plot, are seasonally inundated and contain cattail, fJatsedge, spikerushes, black willow, rescuegrass, and yerba detago. These species range from FACW to OBL, except for rescuegrass, which is not listed. --_....-- Sep 13 01 01:33p Keith Bradle~ Associates B17-684-1957 p.3 · The edge of the potential park site is at least 100 feet trom any jurisdictional waters at its closest point and is generally closer to 200 feet. The topography is very flat, with a gradual slope to Little Bear Creek.fJthough the de~ign of the park has not been prepared, it is anticipated that any runoff from the park v-ill be effectively filtered by the 100-200 foot buffer zone prior to entering any surface water at the site. The chief environmental value of the 7.56-acre area is believed to be as habitat for avitàun~ and terrestrial fauna and flora. The area contains mostly ncw growth of opportunistic specie,s 'and is not unique in the area, nor is it part ofa linear habitat corridor. It is our judgment that removal of the 7.56-acre area from the 20-acre mitigation area will not adversely impact the effectiveness of the mitigation area to protect water quality in Little Bear Creek, provide storm water storage, and protect aquatic habitat in Little Bear Creek as well as the ephemeral drainage into Little Bear Creek. The revised Mitigation Plan is attached. Please let me know if additional information is needed. Smcerely yours, · C. Keith Bradley, REP KEITH BRADLEY & ASSOCIATES, LLC Artachrnent Cc: Doug Long · ~ 'I'! JÞ'f .. '1 , , \ 'W' / '\:. ~ ~, ~~~n' / \., " .., .". ~ "'..; . , ' \ .. ' '. ,,' ~, u n_. u___ _ '- ......~ ~...~ . i'::~" -'-, . $, .. ',r /~n. ~ :j"''' '. . I \Ji' ;' . ~~~'~~,:~?7' [>:, f ", > ,< ..~..,..v. ·C·"- r ì \ ì \ ." r' , t,.'i.,..ír' < . .- ", y....". "- ! Cø·..... -",. ';," . .... ' " ,.),). '., -- ".'::~ 'n, Figure 2 Planned Forest Glenn East Developmer.:, Inc;udlng Proposed Approximately 12.S-Acre Wetland Mitigatjon AreJ and 756-Acre City Park Area. $~p 13 01 01:33p ". Keith Bradle~ Associates Q17-S84-1957 p.4 · MITIGATION PLAN Forest Glenn East, North Richland Hills, Texas USACE Project 200000609 The mitigation plan consists of the following: I. Transfer of an approximately 12.44-acre plot to the City of North Richland Hill.s as a wetland preserve. The location of the preserve and the project is provided on the attached figure. 2. The developer will place gab ion baskets on the bottom and soil retention blankets on the sides of the ephemeral stream LB2 above the wetland preserve. A cross-sectIOn of the stream improvements within the development (approved by the City of North Richland Hills City Engineer, Greg Dickens) is attached. 3. Native grasses will be seeded in the soil retention blankets on the side slopes of the stream LB2 \oVÌthin the residential development. At least two species native to North Central Texas \oVÌ1I be seeded, likely to include blue grarna (Boute/oua gracilis) and buffalograss (Buch/oe dacry/oides). · 4. It is intended that mowing of the seeded grasses will not be required. The selected grass species typically do not grow over 1 foot tall and compete extremely weU against invader grasses and weeds. Mowing or clearing will be perfonned only as necessary to cut vegetation (induding woody vegetation) that has presented an impediment to water £Jow or some other nuisance. It is anticipated that the native grasses will not requIre maintenance and that maintenance will only involve occasional removal of woody vegetation · ,.'q .,. p___ r·H· =. ~ .."" ,','-' "'...;J'" ,,>;,-, ~".._. I . ~:' CITY OF NORTH RICHLAND HILLS . Department: Planning & Inspections Department Council Meeting Date: 11/26/01 Subject: Consider the request from Dan Quinto representing Arcadia Agenda Number: PS 2001-43 Holdings Inc. for the approval of the Final Plat of HomeTown Bridge Street Bridge Addition located in the 8700 block of Bridge Street. CASE SUMMARY: Dan Quinto, representing Arcadia Holdings Inc., has submitted a Final Plat of Home Town Bridge Street Bridge Addition for approval. This plat includes only that portion of Bridge Street that spans the water feature of the Hometown NRH project. The Development Review Committee has reviewed the plat for compliance with the Subdivision Rules and Regulations. The plat complies with both the Town Center Zoning Ordinance and the Subdivision Ordinance. Attached is a memo from the Public Works Department concerning this plat. Also attached is a letter from the project engineer concerning these comments. Comprehensive Plan: The Comprehensive Plan Update indicates Town Center uses for the site. The proposed plat is in conformance with this depiction. The current zoning of the site is TC Town Center. RECOMMENDATION: The Planning and Zoning Commission at their meeting on November 8, 2001, recommended approval of PS 2001-43 by a vote of 7-0. To approve PS 2001-43 a Final Plat of HomeTown Bridge Street Bridge Addition as recommended by the Planning & Zoning Commission. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _. ) Other - ~ _~~£2~W Department Head Signature Account Number Sufficient Funds AvaIlable Finance Director /é~~ City M~ager Signature PS 2001-43 Bridge Street Bridge CC Page 1 of 1 c o ~ ;; ;;;¡ -'- ;¡; .!! ::g < Il.< ~Þro~' ,,~ ~~ - ----'--' ~:::<1 C I ¡¡: "C - ..J r-::;:: .,' .¡: ~~e-~~U~-J-S C") CO !~~~ ~~t,-_ ~~ :! 4) =lll~~r~ ~ ~¡ ~ I C:"~~ogÇ11 ~ ~/!,"ç ==9---' i ¡ ! 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"; - ~..Q,:;V-- / ~I -...-t---- Y \.\ ~. _ -..J,-....., :A'I' ,Y\t!ftt]J ~ l' \\ - ',. ~.......~, ' ,.. .! - __.~ \ .----. -. \, - I , .. , \ \ I ~ -:-. /., ' ...,¡¡ - ~=._;:~ -L -' \ _ ~ ~:=- ~n rL ---n::-::-~ ~~ \ ~ <:. :,.-:::::=- ~\~::':::\: '. ~. :: : .;;,. :;:~ ~ .:0~~~ ~ - _I ~~-~:L=~t::S;~i ,\ C ~ / ~.--\\=<.,~=O~_. ____~:~.~..=:~...-;----= .- -~~~I ~-;=2"[_7'9~~.su \ _~ ~ '\/'¡ ",~~,~~--,ç:--:::=i_~~,,: ~\- -3i. "Ÿ ,.\\~0:'- ~ -~ ~~;::::--"~.J\"ji- H:t:::J I -r-' ~. ~ \"===,r-~, -,-, . - ~ -, r \ ~~-~./ U -1- :,-.1:' __ 'I - -__~ r---'=', --"!!..J -- '- . .....- _. _.- \ \ _ ~ C:::=~L---'.A ~_ ~L-;~ \--::::\ ::.:===;~~, - . ~--_ \, - ~ \. -~~: ',' .~. .;::-;,. ¿::~ I~I- ~6~ \P¡-~f~j~r~-l\/~~~~\I:~ .r =!I_:-'::;;.~~-,~: "'I"I.~_:--:.'-! 'I - III %~~~_.- .---:'...\s~\'\~.::\~~·\ -,"' 'î ~ ---.. 'WQtUR'ST ... £_,"''''''''-; I -------¡ '-;-' \ \ -"/ -"_ \. \- .,- ~~., \ -~. ~1 r-=ï§'gg~~~~~;~JfT'~:'-:~~ =1 I ~b - ,:\ .... ~ :";':C'>('~.'\:;::::' \ ~ ~ ¡:::--.' l-¡r-::::;'~ WC--" l / OJ"L ,~'[>-c:-.....-?,¡/,~",~"",.,~ \ ~- ~ ,-.--;;.....¡- ~~~. ,,-=, - "~-:,.,....'/';."" \ ~ t=:::: t=:::::;~.::::--~~~'-'-J==~ f _ Z-~ --~I-->v----"....... /í _ <') I '. '. r::i aIf I ~ I-! ~ ~ ~ ~ cA ~ - - Z n_ , · · · NRH Public Works ,"'-dnllnlstratlon CITY OF ¡''<ORTH RICHLAND HILLS October 31,2001 MEMO TO: Dave Green, Planner FROM: Mike Walker, P.E., Assistant Public Works Director RE: HOMETOWN BRIDGE STREET BRIDGE; Final Plat and Plans Public Works has reviewed the final plat submitted to this office on October 29, 2001. We offer the following comments. 1. GPS MONUMENT A TION 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 the City's benchmarks. 2. BRIDGE LAYOUT, SHEET S1 Boring logs have been added to plan. Submit soil data and calculations to support length and size of drilled shafts. M1 /))cd~ Mike Walker, P.E. Assistant Public Works Director HMW/mjs/pwm2001-158 cc: Mike Curtis, P.E. Public Works Director ~ (-, 3,--, '-<~Ui){~il-i. rî;: :::¡[I_'": -;: .._J:I: -;~_~~(;::; * 713182-lJtJ{-",~, ! :,jl-"-ii:~~L-,' ~,-=:,-_:r' :;20 * 1--.l~:;:--c~':"'U)· ~AX \:317-427-5.1(; Jones & Boyd, Inc. 16800 Dallas Parkway. Suite 240. Dallas. Texas 75248 ?s'too [ -4-~ October 26,2001 Ms. Micah Johnson Customer Service Assistant Planning and Inspection Services City of North RicWand Hills 7301 N.E. Loop 820 North RicWand Hills, TX 76180 FUE: Final Plat Bridge Street Bridge Home Town NRH JBI Project No. AR 402 Dear Ms. Johnson: Attached are twenty (20) sets of the final plat for Bridge Street bridge. The plat has been revised in accordance with the attached review letter and our discussions with John Pitstick this past Wednesday at DRC. As discussed at DRC, please schedule the plat for the November 8,2001, Planning and Zoning Commission meeting. It is my understanding that this plat will be considered at the November 26, 2001, City Council meeting if approved by Planning and Zoning. Please let me know if this is not correct. Please call me if you have any questions. Sincerely, JONES & BOYD, INC. JPM: clc Attachments cc: Dan Quinto (Fax: 817-949-2111) H:\ProjectslAR402\Word\cor-20011026-jpm-Micah Jo/mson·Final Plat.doc · APPROVED Zoning Administrator Cathy Horton summarized the case by stating the plat was previously approved by the Commission on April 12, 2001 as PS 2000-11 subject to comments by Public Works. The City Council denied the request due to a lack of information from the Corps of Engineers concerning authorization and conditions to develop in a designated wetland area. The Council's action did include the waiving of fees should the applicant wish to resubmit the site plan request. The applicant has recently received approval from the Corps and has resubmitted the plat request. . Staff recommends approval of the final plat subject to approval of the final construction plans by Public Works. In addition, a comment that the mitigation area identified by the Corps of Engineers should be dedicated to the City by separate instrument and the area and volume and page shall be shown on the final plat of this addition. Douglas Long, representing the property owner, asked about engineering comments mentioned by Cathy Horton. Mike Walker from Public Works stated that all the comments on the plat had been resolved. Mr. Long also asked about the wetlands document being signed and made a part of the plat. He objected feeling that the wetlands are not part of the plat. He didn't have a problem filing the separate instrument with the plat, but they are not one in the same. · Tim Welch asked about the off-site mitigation being done during construction. Mr. Long replied that there wasn't any, other than to grass the wetlands. Tim Welch, seconded by Don Pultz, motioned to approve subject to staff comments. Motion carried unanimously 7-0. B. PS 2001-43 REQUEST FROM DAN QUINTO, REPRESENTING ARCADIA HOLDINGS, INC., FOR THE APPROVAL OF A FINAL PLAT OF HOME TOWN BRIDGE STREET BRIDGE ADDITION LOCATED IN THE B700 BLOCK OF BRIDGE STREET. APPROVED Zoning Administrator Cathy Horton summarized the case by stating a final plat of Home Town Bridge Street Bridge Addition has been submitted for approval by Dan Quinto of Arcadia Holdings, Inc. This plat includes only that portion of Bridge Street that spans the water feature of the Hometown NRH project. Staff recommends approval of the final plat subject to comments by Public Works. · Tim Welch asked the applicant to describe the bridge to the commission. Page 4 11/08/01 P & Z Minutes · Dan Quinto approached and gave a brief description of the bridge. James Laubacher, seconded by Doug Blue, motioned to approve subject to staff comments. Motion carried unanimously 7-0. 9. PS 2001-45 REQUEST FROM HUGH PEISER REPRESENTING PEISER SURVEYING COMPANY, INC. FOR THE APPROVAL OF A FINAL PLAT OF LOTS 3R1R, 3R2R, AND 3R3R2, BLOCK 2, WALKER BRANCH ADDITION LOCATED IN THE 8700 BLOCK OF GRAPEVINE HIGHWAY. APPROVED Zoning Administrator Cathy Horton summarized the case by stating that this case was previously approved by the Commission under case number PS 2000-53. The case was placed on the October 22,2001 agenda for the City Council, but was denied due to the absence of applicant representation. The council waived the application fees and the applicant has resubmitted an identical plat. The purpose of this replat is to accommodate the expansion of the existing Weinerschnitzel Restaurant. · Staff recommends approval of the final plat. George Tucker, seconded by Tim Welch, motioned to approve subject to staff comments. Motion carried unanimously 7-0. 10. PZ 2001-19 PUBLIC HEARING TO CONSIDER A REQUEST FROM CHESTER ROSS, ON BEHALF OF PROPERTY OWNER KAE SON KO FOR A ZONING CHANGE ON 1.006 ACRES FROM THE LR LOCAL RETAIL COMMERCIAL TO PD PLANNED DEVELOPMENT AND SITE PLAN APPROVAL FOR ALL LR LOCAL RETAIL USES PLUS A CONVENIENCE STORE WITH ACCESSORY GASOLINE SALES. THE SITE IS LOCATED AT 8015 GLENVIEW DRIVE POSTPONED Tim Welch asked if the property is 1.081 or 1.006 acres. Cathy Horton stated that based on information filed in the Planning Office, the acreage is 1.006. If there is a discrepancy, the applicant should show evidence of the change. · Page 5 11/08/01 P & Z Minutes CITY OF NORTH RICHLAND HILLS . Department: Planning & Inspections Department Council Meeting Date:11/26/01 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. However, if this land uses fails 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 developed 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 ¡;;~. I~ )6-t:<, ~ Finance Director Department Head Signature /2~~ ............... L;\Cases\PZ Cases\2001\PZ 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 arid 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 for this tract has recently been approved by the Planning & Zoning Commission. A final plat will be required prior to development of this site. RECOMMENDATION: The Planning and Zoning Commission met on Thursday, October 25, 2001 and voted 6-0- 1 (Welch) 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 with no body work or selling of tires allowed. The public hearing for this case was initially opened on November 12 and continued until November 26. Lou Ten Have, representing Christian Brothers requested and received a continuance because a petition in opposition of 136 signatures was received on November 12. Mr. Ten Have requested time to work with surrounding property owners. L:\Cases\PZ Cases\2001\PZ 2001-28 Christian Brothers CC sum. · · · CITY OF NORTH RICHLAND HILLS The petition does not involve 20% of the properties within 200 feet of the Christian Brothers request and will not require a super majority vote from City Council. If City Council determines that automotive uses are appropriate for this parcel and the submitted site plan is acceptable, the following motion is recommended: Approval of PZ 2001-28 and Ordinance no. 2581. . TR.IA5 7.86 II 1 1 1 \\~~/Ø'~~~~;; \ . \ 1 \\ - J1 I~ ~3 14 15 16 \\ \ · I · I , I · I · cd 9 67e8 È1 1 zJ if tj 13 14 15 16 17 18 ~ REDBUD OR ~ ! ~" I 5788 7161~j:ll 1213\4~ .-Þ- \ ..... 25 (J \ 13 g - JJ lq 18 1 24 ~\ If) 14 ~ ...... 6808 ~q¡ 23 ~ \ ..,'ö -~% 1 2 15 ~ 16 21 Z \1 I 26 25 ! 18 lq 20 ¡\ I 17 1':1 {.:IOu' ~. 1 1 ,711 . ~ ~ ! I · I · I · I · I , I , I , I · I , ( . \ . /' TR. lA 1. 3 AC ¡.lA2 .:1.02 AC U <t to N ~~ to <t ; O¡ \ 3~ C1 ¡-10I"lPlS Ct. í SPRO~\J(ì' SUr'13C)C) 0- ~~ TR.IA7 22.7178 III PZ 2001-28 7800 Block of Rufe Snow Drive 6 5 4 3 73 2C:¡ 2 TR. 3A 4.q AC 7 6 5 3 2 4 10 11 WILLOW VIEW OR ~~R 12 3 1$1 6R 11 R ~~ ............... J...... u.... _I ............... v 2 (f) 7R 10R (f) w 0: CL >- U 8 7 6 5 3 2 1 4 --. >-- / ,:J (f) (f) o ~ 15 16 17 18 .~ 11 12 13 14 :3 '1 2J 'ø .AI 1 8 e:¡ MOSS LN 8 7 6 5 4 7'1;: I '-/ 3 2 567 011 ~ ..!. 2 3 4 1 11 12 22 21 20 Ie:¡ 18 24 23 N --k. TR. 1AI 2.Q1 AC 30 31 \ 32 \ \ I OLD MILL C-T 6808 6788 \ \ \ 27 26 1 28 .-\ 2 3 2 3 8 e:¡ 10 11 6888 \ 1 13\ - < 12 ~ 17 16 15 14 24 68ØB \ 1 · 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 THURSDAY, 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 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 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, Horacio 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 1 A07 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 RICH LAND 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. THAT, 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 .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. 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: --- },{¿ ~ Development Director APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No. 2581 Page 2 of2 · · · NOV-13-2001 18:07 FROM:CHRISTIAN BROTHERS 281-870-1200 TO:817 427 6099 P. 002/002 '~a1 CHRISTIAN BROTHERS AUTOMOTIVE CORPORATION .. _.. '" -..- -_.. November 13,2001 To Residents of North Richland Hills Ref: Proposed Christian Brothers Automotive Repair fdCility on Rufe Snow Drive What: Open neighborhood meeting with Christian Brothers Automotive personnel When: 6:00 pm, Monday November 19,2001 Where: North Richland Hills Recreation Center, 6720 NE Loop 820 Dear Resident, Recently you sib'11ed a petition protesting the Special Use Permit (SUP) w1der consideration by the city of North Riehland Hills for the construction of a Christian Brothers Automotive repair facility to be located on Rufe Snow Drive (-northeast of the intersection of Highlaw11 Terrace and Rufe Snow Drive, see attachment). We fully bdieve our facility will be an asset to the community, positively impacting property values contrary to what was stated in thc petition. We would like to meet with you to prove OUT case and cordially invite you to the above-mentioned meeting. Listed below is some infonnation I hope will be of use to those of you who may not be able to attend. Christian Brothers Automotive facilities are automotive repair franchises that operate on the concept of honesty and integrity (please see enc10sed brochure). Each tàcility i$ owner operatt:d with the owner on site. We have 17 locations throughout Georgia, Oklahoma, Tennessee, and Texas. The other Dalla.<; locations that you would be familiar with would b~ Frisco, McKinney, and Flower Mound. We are also deve.loping a site in Grapevine. Christian Brothers Automotive Corporation (CBAC) prides itself on its stores aesthetics and cleanliness. Tht: Rufc Snow store will be all brick with over $20,000 of landscaping. We encourage you to visit our website at chrislianbrotht:rsauto.com. to see comparable stores like our Suwanee and Jones Bridge, GA locations. Our business includes general automotive dia¡p1osties, services and repair. We do not participate in any painting or bodywork. CBAC does not sell tires, does not do welding, nor work on heavy load vehicles. Wij are only open Monday - Friday except for the first 3 months, because of our commitment to the family. We also require cars be parked inside overrught. CBAC would be proud to be part of your community and we will become a treIDendous asset to the town of North Richland Hills Please feel free to call me with any que~tions. RespeClflllly,¿ ~ ~;?~- Lewis Ten Have COO/CBAC 15995 North Barkers Landing, Suite 145 · Houston, Texas 77079 · (281) 870-8900 · Fax: (281) 810-1200 ------- D [§©[§D~[§ n NOV 1 2 2001 U · PETITION BY CITIZENS OF NORTH RICHLAND We the undersigned, hereby officially protest the Special Use Pennit (SUP) by the Plamùng Department of North Richland Hills, TX, for the construction of Christian Brothers Automotive repair facility to be located at the 7800 blocK'òfRufe Snow Drive, Case # PZ 2001-28. We unanimously agree that the construction of this facility will have a negative impact on the residential property values of the surrounding and adjacent properties, that will in turn lower the value of all home in the surrounding housing developments. Our request is that this SUP not be granted. · · Address ;?i:6~7 A/..~:S A /II/êJ.l.r~ '7,,/3 0 , Date /I/~!.-' ,. (( ',tf"" 't 7 (//{f ,5- 0\{)s <; * J ~) ~ t+ 7 rfll 81) {{ -f./- -û ( 7¿ C-s /"//h,::s C/. ,/1/127'-/ 7,-- /1..-«:'0 ~.;¡ / - . '/ (" S 1/ 9?z,:~<7 £: ì .í1 æ ¡., 7 G ì ,\ ,) J/- 4 -.;,} 76:;4 f./~.<,".. ( ('/',</~;'I-( 70 J}"C-) ! I-L/-:.."J¡ 1\ ((it /~ Cc \ 0í, "''', ()\-. L2.xt- '1 ! c \ ,C,'"', \ \ . i_C) J. -t .. '='"'" r ~- , .. ~.- ~ 7&J"~ ~~Îl ¿ ~ (I, Y] 12.. M 7 U'YC ~- c.' ¡ , -7 {,(.¿ ~ liJ.-2-u ~/, - (i:,) 71,6/ ¿¿ '7 Iv L f Ò .LL~Q:I-ò I 7 h Ç"9 ,)~ ~~ cr /'1//:1 (r 7 (~ / r ~J / /- V -~I / ' /l, ?? ~I I){;¡ Tv' JL!LfJ ~¡w/;(2' '1/-4.iY Îv i!.' 0 d .'r ,', · PETITION BY CITIZENS OF NORTH RICHLAND HILLS. TX We the undersigned, hereby officially protest the Special Use Permit (SUP) under consideration by the Planning Department of North Richland Hills, TX, for the construction of Christian Brothers Automotive repair facility to be located at the 7800 block ofRufe Snow Drive, Case # PZ 2001-28. We unanimously agree that the construction of this facility will have a negative impact on the residential property values of the surrounding and adjacent properties, that will in turn lower the value of all home in the surrounding housing developments. Our request is that this SUP not be granted. · · Address ,I>ate 71:7&3 C-"~ïS.5f·--I1'¿~v--s~ ¡VRµ /~-o/ 7c-k3 Crr:<::::.ç:~g1."(í;_ ~fú-1 \~-O\ - '-\J it-o ! ('- ~ ~C) 7;' ('. ) C o~ } ~_;L,,;L-, {l; (l /-1 ì'! ) ~ áJ7'/v d/d //'// '/ U. ~/, 11/'~/!4 /f~ -17' /1/<1.;: ¿js~ -&d A It ~ ~ '/c! 6:7 Y ( Clc( ie,LV C. f t.f~1{ ')4~Cj 11/, 0( o 7~/ 01.(1/ tn'// ¿i /1- J./-()( ¡;, ~ 0 / (') t:. 0 Á./í / (... j., f{ 17 ~. 0/ ;. r", ~-Cf I..c F,G';" üi ~' Vi/I" ! \ ec\ , rJ ¿µ-'-x 1/_ if _ ò( (( '" F· '-( -C'f ¡//ßYJ CJ¿j) it/II ¿ ~f) ¡LIZ II- ?'J?' ?j-¿:/er ¿;. ç,¿r /f--(~ JJ Z-c)!(? ^~ .-/1 /J./r--'j/ /;' .. 4:'.' c~ -- Ç¡{r.\C¡ CIJ ,A i( «J ! 1~¡!1- 7'",:)'G ~(../ ;¡f;,) ~íytjjJ}iÞJ}q~);¡~ólj//tV[J/ t,¿Ú / ~ -=ZZ:~~CI /7 K.. /.,I '7&f'2d / / - & -¿ / ¿> ¿j~ / U! d JÎI..JU!. ?cJ7\ ?J-I 7/,. / l J ¡I.. / (j , 0 / If; ~;;Ltr t:/d 7l/~{¡~ 'R--/. /YRf/ 7/:/kD ~-C( ~~2<1 Ot...'l) /1-1,,-<- 4 HKi+7CJ/?O k±O( ~%C~7nl-f -~ I:;;~;; b~~ ClD rtrLL.. 11..c4-ò/ ç ¡if if 01 0 Ih ¡¿(" II-OC¡--C( --- - ~ '-- I J .-()4 -ð (O~Q tJfdL'(¡ vQ (j - ¡J¿t/ Iv... ¡-ð'j-m · PETITION BY OTIZENS OF NORTH RICHLAND HILLS. TX We the undersigned, hereby officially protest the Special Use Permit (SUP) under consideration by the Plaruúng Department of North Richland Hills, TX, for the construction of Christian Brothers Automotive repair facility to be located at the 7800 block of Rufe Snow Drive, Case # PZ 2001-28. We unanimously agree that the construction of this facility will have a negative impact on the residential property values of the surrounding and adjacent properties, that will in turn lower the value of aU home in the surrounding housing developments. Our request is that this SUP not b anted. · · Address ~ìLg /YJò.S.-S Cn ~7Ûm~~ 07C L-LJ'71)<)'j ¿n b ~~:?' :' 7~~:: 't.~;r ¿/PíÜ:-~- rT, 7 '7 - ') ., ·f \. . -I- I ")I... r tt;c, . rì . . f;.76 2- {V\vD>5 L-r 7 ¿ <?-<g ¿'1¿, _~5' [!y- , Î (,,>-')-r.r ' 01.~ p ¿- i(>{¡:k ,/Iv 'C<:c., rt. /4..~ ,/Vk:;5S c.1: 7 ~..,< I r'\1 css C"C 7t:...5/ /I:; ç<; /~~ +( / 5' I ),'!õ <;. ( if 7S?/2. 4.,,,4 /4NJ. 7100 9 OAk' li:ÁAo 1/ IJR. /bc4 ¿J.~:~ 2JP '2;~~£/~ J;9t~~~ 7 7 ( ;.l§t" t ......., crf-. Îo'--I &0.." p () 0 tA.,) ~ tä<.~ , ~ ú " '\,& SD (v\cr;,.~ C+, fl I ( h 7c~ t1tJ~J laruJ 1Jltf IV /?: /i't I ( I¡ I, / , , . , ,( , I ( f I ( 1/ , \ /1 ,', 7 ~ / .f-(J :r~ ~5k!~ 7 b(¢-# (u,1 . () Ó Î&l'{þ r ( 7~/fD ,. l ~ ( 07 Ã..0 Më;<,; ¿..L..II1E' NI<H- ""7(;lrc. C; 12 Y W(J? S Lc£. ~ ,PVlr II 7 ¿ ( Po Date 1/ -'7-ù1 // -L/-c ( - li....!:f..:. ò / 9:-or 1/ - L01 ',í /-¿'il--û.:t ( j - 0 \J -() i ~-O( J/-1/-ó/ 11-4.0( k!:i-G J II-C¡-úi ~c1 -1.LL -¿/ /. 11::..!1...:.ß. ,. /j'-/¡,-r;J( //-//-0/ //·-/1-0/ II,-H,..O\ // -/ / - f ./ II-J¡~/ ...1l:::L1- 0 I li=ll-ð{ .J..Hl-O( ¡(-(I-of ß.::!.L-o! ~t'l .iL:::LL -ò ( [(- t/-Öl II -tfv/ II -(I-D/ //-//- ey- ,,- /I-¿ i If -11-01 . . · PETITION BY CITIZENS OF NORTH RICHLAND HILLS. TX We the undersigned, hereby officially protest the Special Use Pennit (SUP) under consideration by the Planning Department of North Richland Hills, TX, for the construction of Christian Brothers Automotive repair facility to be located at the 7800 block ofRufe Snow Drive, Case # PZ 2001-28. We unanimously agree that the construction of this facility will have a negative impact on the residential property values of the surrounding and adjacent properties, that will in turn lower the value of all home in the surrounding housing developments. Our request is that this SUP not be granted. · · Date :x ~ )( x ~ X' )( X a- ¡ X ~~I~\ØRU~~ =i~~O;~Ñ\~ O. ~Œ' X ~ .~ J~ ~ N' ~~x 9~~ - ~ / Ã5X ~a X -11 ................. ~ . ;:;:;:;:;:;:;:;:; - ::::::::::::::::: i ~ - . - . - . - . - . ""t TI'T' . n-O'r"1 S-... ;~tttr~_.-.: .-.-' dU 1'\ 1'4 ~-= ~.....·-~l--lD ~ ~~ ... /...... J ~ ..... r;:- "....... _~ _~ N ,. ... ... . ~ Ý"" ~~ ~ .",,-'" I"') ::. w '0" Z :;;ill ~ ~ '; v ~.--! v ~~ II _ ~ .". 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U1 .... .... lD (J" - ~ tD ..... ~ (O~ lO U(1" .... - IS) 10 N ~I .... v N ~I I"') N N 1----11 N I"') N ---11 v I - N ~ L---L---11 'i--; -11 X ~I L IS) ..... ~I - N I"') ~ ~ lD a- 1l',ln CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date:11/26/01 Subject: Public Hearing to consider and/or approve changes in the Agenda Number: PZ 2001-32 zoning regulations of the City of North Richland Hills, Texas, Ordinance No. 2577, amending Ordinance No. 1874. Said Ordinance No. 2577 amends the general zoning ordinance of the City by amending the table of permitted uses, by amending certain set back requirements, by amending the section dealing with temporary uses, by amending storage regulations, by amending the section dealing with mechanical equipment and screening of mechanical equipment, by requiring sidewalks to be constructed in accordance with the Public Urban Design Manual, by amending screening and fencing regulations, by amending the Definitions section of the zoning ordinance by adding new definitions and providing a savings clause and by amending Subsection 606 regarding Architectural requirements. CASE SUMMARY: A public hearing is scheduled for November 26th to consider several changes to the Zoning Ordinance. The purpose for most of these changes is clarification of language. The most important of the revisions are to the Architecture Requirements, front yard fences in residential districts and amendments to Land Use Charts. A description of all the changes is as follows: New Land Uses Section 310 Use Charts Tattoo parlors and head shops are proposed to be addressed in a new category called Specialty Personal Service Shops. These will be permitted in the C1 and C2 districts with a Special Use Permit. A new category for social services facilities with temporary living quarters (including women's shelter) will be permitted in the office, commercial and industrial districts with a special use permit. The land use designation for Mini-warehouse (self- storage) has been amended to permit these uses in commercial and industrial districts with a special use permit. This change is consistent with the Comprehensive Plan recommendations. Finance Review Source of Funds: Bonds (GOlRev.) Operating Budget Other Account Number Sufficient Funds Available -~ .~Q~ Finance Director Department Head Signature A?c~ City Manager Signature L;\Cases\PZ Cases\2001\PZ 2001-32 Ordinance Revisions CC sum. CITY OF NORTH RICHLAND HILLS Changes to this section also includes the addition of categories for guest house, secondary living unit, swimming pool, tennis court and other outdoor recreation areas (without elevated lights), outdoor recreation areas with elevated lights, public and private park or playgrounds, cigarette & cigar shop, and massage therapy/acupuncture clinic. Building Setbacks Sections 440, 450 and 460 Clarifies that the minimum building setback for non-residential structures on a side street is 15'. Architectural Requirements Section 606 The City's current building articulation ordinance requires all commercial buildings greater than 10,000 square feet must have a building offset of at least 10 feet every 50 feet of building frontage. Several cases for PD have been submitted for commercial structures, which cannot meet the current requirements for building articulation including Home Depot, CVS Pharmacy, and Wal Mart. The ordinance revision being proposed will provide more flexibility to designers and developers of commercial structures in terms of design features in building facades rather than just building articulation and still retain the intent of providing building diversity rather than straight, flat boxes. The ordinance provides a menu for architects to pick from to design their structures in terms of standards for facades, details and rooftop treatment. Temporary Uses and Buildings Section 625 Outdoor Storage Regulation Section 626 Amends this section to better define the powers of the Building Official. Describes some temporary uses as seasonal uses (like Christmas tree or pumpkin sales). Clarifies the temporary nature of some outdoor storage and display. Replaces the terminology 'special use provision' with 'special use permit'. Incidental Outside Display Section 627 Adds a new section to the ordinance, which clearly describes when and where incidental outside display may occur. Incidental outside display is proposed to be allowed in front of retail establishments such as grocery stores and retail shopping centers. This new section which clearly describes when and where incidental outside display may occur. It permits incidental outside display to be located within 12' of the front of the building. An unobstructed walkway, at least 5' in width, must also be provided. Existing big box retailers such as Wal-Mart, Garden Ridge and Home Depot are required to obtain a special use permit to define where outside display is allowed onsite. ases sum. NORTH RICHLAND HILLS Mechanical Equipment Section 645 Amends this section to clarify that all mechanical equipment must be screened. Sidewalks Section 690 Specifies that sidewalks shall be constructed in accordance with the Public Works Design Manual. Front Yard Fences in Residential Areas Section 1025 Clarifies fencing requirements for front yards in residential zoning districts. No permit is required for a fence that is less than 3 feet in height. Single family residences with at least 100 feet of street frontage may have an ornamental fence, less than 4 feet in height, with a permit. No columns will be permitted. For single family residences with at least 200 feet of street frontage and at least 1 acre in size may have a fence permit to construct a fence between 4 feet and 6 feet in height. These fences will be required to have masonry columns space at least every 30 feet on center. Definitions Section 1100 Added new definitions for Secondary Living Unit, Social Service Living Facility, and Special Personal Service Shops. Attached is a copy of the proposed ordinance in legislative format. All text delineated with underlining is new and the text with a strike through symbol is being deleted. The Planning and Zoning Commission held a public hearing on these ordinance revisions on November 8th. There was no one present to speak in support or opposition. The Commission approved the ordinance amendments with three changes, which are as follows: · Change all references from acupuncture studio to acupuncture clinic; · Change the definition of façade wall to any wall with frontage on a public street; and · Clarify that ornamental sight barring fences are permitted for single family residential properties. For lots wi,th at least 100 feet of frontage a 4' fence is allowed and masonry columns are not permitted. For lots with at least 200' of frontage a fence is allowed between four and six feet in height and one brick column constructed every thirty feet on center. Staff will make a brief presentation regarding these changes at the public hearing. Recommendation: The attached ordinance represents the Planning and Zoning Commission's recommendation. Staff recommends approval of the Ordinance NO.2577. . . . Zoning Regulations City of North Richland Hills, Texas ORDINANCE NO. 2577 A ORDINANCE CHANGE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING REGULATIONS OF THE CITY OF NORTH RICHLAND HILLS, TO AMEND ARTICLE 3, TABLE OF PERMITTED USES, SECTION 310 B. UTILITY AND INCIDENTAL USES REGARDING THE ADDITION OF NEW LAND USE CATEGORIES INCLUDING GUEST HOUSE; OUTDOOR RECREATION AREAS WITH ELEVATED LIGHTS; SECONDARY LIVING UNIT; AND SWIMMING POOL, TENNIS COURT AND/OR OTHER OUTDOOR RECREATION AREAS WITHOUT ELEVATED LIGHTS; AMENDING SECTION 310: C. EDUCATIONAL AND INSTITUTIONAL USES, TO ADD SOCIAL SERVICE FACILITY WITH TEMPORARY LODGING; AMENDING SECTION 310 D. RECREATION AND ENTERTAINMENT USES REGARDING PARKS AND PLAYGROUNDS (PUBLIC) AND ADDING A CATEGORY FOR PARKS AND PLAYGROUNDS (PRIVATE); AMENDING SECTION 310 G. RETAIL AND SERVICE USES REGARDING THE ADDITION OF CATEGORIES FOR CIGARETTE AND CIGAR SHOP; MASSAGE THERAPY AND ACUPUNCTURE CLINIC; AND SPECIALTY PERSONAL SERVICE SHOP; AMENDING SECTION 310 H. COMMERCIAL USES REGARDING MINI-WAREHOUSES, AMENDING ARTICLE 4, PRIMARY DISTRICT REGULATIONS AT 440 C, TO ADD SUBSECTION 5 REQUIRING A MINIMUM 15' SIDE BUILDING SETBACK ADJACENT TO PUBLIC STREETS FOR PROPERTIES ZONED 0- 1,LR, C1, C2 AND OC; AMENDING SUBSECTION 450 C TO ADD SUBSECTION 4 REQUIRING A MINIMUM 15' SIDE BUILDING SETBACK ADJACENT TO PUBLIC STREETS FOR PROPERTIES ZONED 11 AND 12; AMENDING SUBSECTION 460 C TO ADD SUBSECTION 11 REQUIRING A MINIMUM 15' SIDE BUILDING SETBACK ADJACENT TO PUBLIC STREETS FOR PROPERTIES ZONED U; AMENDING ARTICLE 6, AT SECTION 606 ARCHITECTURAL REQUIREMENT REGARDING DIMENSIONAL STANDARDS, WALL FEATURES AND ROOF TREATMENT, AT SECTION 625, TEMPORARY USES AND BUILDINGS SECTION; AMENDING SECTION 626, OUTSIDE STORAGE REGULATIONS, REGARDING OUTSIDE STORAGE REGULATIONS, BY THE ADDITION OF SECTION 627 REGARDING INCIDENTAL OUTDOOR DISPLAY, AMENDING SECTION 645, MECHANICAL EQUIPMENT, REGARDING THE SCREENING OF MECHANICAL EQUIPMENT, AMENDING SECTION 690, SIDEWALKS, REGARDING SIDEWALK CONSTRUCTION IN ACCORDANCE WITH THE PUBLIC WORKS DESIGN MANUAL, AMENDING ARTICLE 10, SCREENING AND FENCING REGULATIONS, AT SUBSECTION 1025 (C) REGARDING THE MINIMUM REQUIREMENTS FOR FRONT YARD FENCES IN DETACHED RESIDENTIAL ZONING DISTRICTS; AMENDING ARTICLE 11 DEFINITIONS, BY THE ADDITION OF DEFINITIONS FOR SOCIAL SERVICE FACILITY, SPECIALTY PERSONAL SERVICE SHOPS, AND SECONDARY LIVING UNITS, AND PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning & Zoning Commission has determined the need to amend Article 3, Sections 310 B, 310 C, 310 D, 310G, 310 H, and 310G, Article 4, Sections 440 C, 450 C, and 460 C, Article 6, Sections 625, 626, 627, 645, and 690, Article 10, Section 1025 C, and Article 11 Definitions, to the Zoning Ordinance for the City of North Richland Hills; and WHEREAS, after appropriate notice and public hearing, the Planning & Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 by changing said Zoning Ordinance as set forth herein; now therefore, Article 3 Permitted Uses 011000 Page 3-1 . . n..u...v '* .~ ;~ i Zoning Regulations City of North Richland Hills, Texas BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, ARTICLE 3, Table of Permitted Uses, and all references to be hereby amended as follows: RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS uj ñi Q) ~ 0::: c: ñi ~ ñi ë 0 ~ +:: +:: ~ +:: ë Q) :J c: c: ë uj Q) "tJ - Section 310 E Q) Q) Q) E ïñ ñi +:: "tJ "tJ "tJ ñi Q) Q) 'õ II) m ïñ ëñ ëñ +:: "tJ 0::: 0 Q) c: u. J: 0::: .... Q) Q) Q) c: ïñ u. Q) ñi Q) 0::: 0::: 0::: Q) Q) C/) "tJ ~ E oð QJ "tJ 0::: ~ .~ ~ :?:o :?:o ïñ E ñi - ..c: Table of Permitted Q) E II) u c: Q) Q) c: :J ñi ñi 0 .~ :J .... ü5 E E E E - m ïu ñi 0::: :.::; u u. .~ .~ () 1;) "tJ :J .... ñi m m m 0 m I Q) .... :J c: ..c: :J U. U. U. x - ...... - () - Q) ..c: 0 :J +:: 0::: Q) Q) 0 "tJ 'S 'õ Q) Q) Q) 0.. ~ -..J c: 'S Q) E E 0 c: E ! º 0, 0, 0 m :;¡;; u ñi E E "tJ - :J 0 U Uses :J :;¡;; :e u - - '6 0 .~ c: c: c: 0 .... :J ..c: CI) i:ñ I- Q) u. 0 0 0 0 0 0) Q) ..c: « C/) CI) C/) 0 l- N ..... :;¡;; -..J () Ü :.::; :;¡;; u ..... ..... N (\') ~ co <X) J: ,... ..... 0::: ..... N () C/) (!) 0::: 0::: 0::: 0::: 0::: 0::: 0::: :;¡;; 0::: 0 -..J () Ü 0 ..... ~ ~ « - A. RESIDENTIAL USES Sinale Family Detached Dwellina Unit P P P P P DUDlex Dwellina Unit P TriDlex or Fourplex Dwellina Unit P P HUD Code Manufactured Home P Multi-Familv Dwellina Unit P Boardina or Roomina House S S Townhome P P Ranch and Farm Dwelling necessary to P Aaricultural use Zero Lot Line SF Dwellina Unit p Personal Care Home and Community S S S S S P Home For Disabled Persons (16) Om. No. 2393 Assisted Living Center Om. No. 2357 S S S S S S S S S S P S S S S S B. UTILITY, ACCESSORY & INCIDENTAL USES Accessory Buildina (1) p P P P P P P P P P P P P P P P P Home Occupation (2) P P P P P P P P Public and Private Utility Use (Not P P P P P P P P P P P P P P P P P Office) Communication Tower under 65' in C C C C C C C C S Heiaht S S S S S S S S Communication Tower 65' to 130' in S S S S S S S S S Heiaht Guest house P P P P Outdoor Recreation Areas with S S S S S S S S S S S S S S S S Elevated Liahts Railroad Right-Of-Way (no yards or P P P P P P P P P P P P P P P P P Stations Secondary Livina Unit (Grannv Flat) S S S . S . . , , I I I I I I r I I Article 3 Permitted Uses 011000 Page 3-2 fJ~ . . Zoning Regulations City of North Richland Hills, Te1C8S Swimming Pool, Tennis Court and P P P P P P P other Outdoor Recreation Areas without Elevated Ughts Telephone Exchange, Switching, Relay S S S S S S S S C C C C C C C C C Station S S S S S S S S S TV Satellite Disc Receiver (3) P P P P P P P P P P P P P P P P P Water Reservoir, Water Pumping P P P P P P P P P P P P P P P P P Station, Water Well Wind CharQer (4) p P P P P P P P P P P P P P P P P Article 3 Permitted Uses 011000 Page 3-3 . . \WJ* . Zoning Regulations City of North Richland Hills, Texas RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS ø m ( ) m œ: c: m m m :¡:; 0 .?: :¡:; :¡:; m c: :¡:; ê: ( ) ~ Section 310 c: c: :¡:; ø ( ) "C - E ( ) ( ) ( ) c: E ëñ m :¡:; "C "C "C m ( ) ( ) .~ II) co ëñ ëñ ëñ :¡:; "C œ: 0 ( ) .E LL ( ) ( ) ( ) c: ëñ LL I œ: ( ) m ( ) œ: œ: œ: ( ) ( ) en "C ~ E oð "C œ: .¡:: Õ'I ~ ~ .?:- ëñ ~ E - ..c: Table of Permitted .!: ( ) ( ) ~ E m II) ~ E E E ( ) c: co - m m 0 .¡:: ~ m en œ: E ::J - lij Ü - "C ~ 0 LL .~ .~ II) "- co co co 0 co - c: ..c: m >< I ( ) "- ~ ~ LL LL LL ..c: Õ - :¡:; ( ) ( ) 0 - Ü :!: ( ) ~ œ: "C 'õ ( ) ( ) ( ) a. ~ ...J c: S ( ) E E 0 c: E ~ Uses ! º Õ'I Õ'I co ~ 0 m "C - ~ "õ 0 ~ ~ E E - ~ en c: .!: c: 0 I- ~ ~ 0 0 0 ~ 1: '6 0 i:i5 ( ) LL 0 0 0 C) ( ) ..c: en en (J) 0 l- N T"" ~ ...J Ü Ü ::J ~ 0 T"" T"" N C") "It co <t) I ...... T"" œ: T"" N Ü en C> œ: œ: œ: œ: œ: œ: œ: ~ œ: 0 ...J Ü Ü 0 T"" ~ ::::> < - C. eDUCATIONAL AND INSTITUTIONAL Cemetery/Mausoleum S S S Church, Sanctuary, Rectory or P P P P P P P P P P P P P P P P Synagogue Civic, Social/Fraternal Organization C C C C C C S S S S S S College/University P P P P Community Center P Dance Studio/Martial Arts Studio P P P P Day Care Center/Kindergarten S P P P P C S S P S Emergency Clinic P P P P P P Family Counselinq Clinic P P P Fire Station P P P P P P P P P Hospital C C C C S S S S Library P P P P P P P P Medical Clinic P P P P P P Museum P P P P Nursing Home/Orphanage P P P P Post Office P P P P P P P P P P P P P P P P Private or Parochial School P P P P P Public Building (not listed elsewhere) P P P P P P P P Public School P P P P P P P P P P P P P P P P Senior Citizen Center P P P P Social Services Administrative Office P P P P S Social Services Facility with Temporary S S S S S Lodging Trade or Business School S S S P P Article 3 Permitted Uses 011000 Page 3-3 . . ..till' *' ~-K . Zoning Regulations City of North Richland Hills, Texas RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS u) ïõ Q) ïõ 0:: c: ïõ ïõ ïõ :¡:; 0 ~ :¡:; :¡:; :¡:; ïõ c: :¡:; c: c: c: :¡:; Q) Q) :J Section 310 u) 'C - E Q) Q) Q) c: E "Cii ïõ :¡:; 'C 'C 'C ïõ Q) Q) m 0:: 0 Q) '(3 !II u.. 'iñ 'iñ 'iñ :¡:; 'C :r: 0:: "- E Q) Q) Q) c: 'iñ u.. Q) ïõ Q) 0:: 0:: 0:: Q) Q) en 'C ~ E oð 'C .¡: Table of Permitted º ~ ~ >. 'iñ 0:: ~ E ïõ - .c Q) E !II .!: "Ë Q) Q) c: :J ïõ ïõ 0 :J 0 E E m "¡: "- ~ en 0:: E ::¡ - ëü U - 'C :J 0 u.. 'e 'e !II m m m 0 m - E .c .a ïõ u.. u.. u.. x - 00- ;; Q) "- :J U Q) .c 0 :J 0:: Q) Q) 0 'C '(3 Q) Q) Q) a. ~ ...J c: 'S Q) E E 0 E E 'S .~ "ª ëñ ëñ m ~ 0 ïõ 'C :J 0 0 Uses :J 0 E E - - .¡: c: c: 0 "- ~ :E 0 :J .c 'ð 0 en c: ~ Q) u.. 0 0 0 .c C) Cï5 Cï5 Cï5 0 ü ü 0 C) Q) « en 0 ~ N .- ~ ...J ::¡ ~ 0 .- .- N (") .". CD a;) :r: I"- .- 0:: .- N Ü (J) C> 0:: 0:: 0:: 0:: 0:: 0:: 0:: ~ 0:: 0 ...J Ü Ü 0 .- ~ ::::> « - D. RECREATIONAL & ENTERTAINMENT USES Adult Entertainment Establishment (18) p Amusement Arcade (indoor) (5) C C C S S S Billiard Parlor (6) S C C S S Bingo Hall S C C S S Bowling Lanes p p p p p Carnival, Circus or Special Fund p p p p p p p p p p p p p p p p Fund Raisinç¡ Event (Temporary) (7) Children's Entertainment Center p p Commercial Recreation (outdoors) S p Country Club S P P Dance Studio or Martial Arts Studio P P P P Drive-in Theater C S Golf Course S p P Golf Driving Range S p Miniature Golf Course S p Movie Theater (indoor) p p p p p Park of Playground (Private) S S S S S S S S S S S S S S S Park or Playground (Public) p P P P P P P P P P P P P P P P P Private Club/Night Club S S S S Race Track S S S Rodeo Ground (8) S S P Roller or Ice Skating Rink C C p S S Spa, Health Studio. Fitness or p p p p Recreation Center Stable (commercial) S S S Swim or Tennis Club S P p Article 3 Permitted Uses 011000 Page 3-4 . uw-.j. . . Zoning Regulations City of North Richland Hills, Texas RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS u) m Q) m a::: c: m m m :¡:; 0 m c: :¡:; ~ :¡:; :¡:; :¡:; Q) c: c: c: :¡:; Q) :J Section 310 u) 'C - E Q) Q) Q) c: E ïñ m :¡:; 'C 'C 'C m Q) Q) '~ (/) «J ïñ ïñ ïñ :¡:; 'C a::: 0 Q) E u. Q) Q) Q) c: ïñ u. I a::: Q) m Q) a::: a::: a::: Q) Q) (J) 'C ~ E oð 'C '¡:: Table of Permitted 'ª ~ ~ ~ ïñ a::: ~ E m - .r; Q) E (/) ~ c: 'E "E Q) Q) c: :J m m 0 .¡:: :J èïj E a::: E :.::¡ - «J '(ij () - 'C :J m 0 u. "~ 'õ (/) .... «J «J «J 0 ~ - E .r; :J m x - I Q) .... .... :J Ü U. U. U. .r; :¡:; Q) Q) 0 - 'õ Q) ~ 0 :J "S a::: 0 'C E "S Q) Q) Q) 0.. ..J c: Q) E E c: Q) m 'C ë5 0 Uses 9 C> C> :J 0 «J :E 0 E E :J a. :E !:E 0 - - '5 0 "¡:: (J) c: c: c: CI .... .... 0 0 :J .r; ~ èïj èïj èïj Q) u. 0 0 0 0) Q) .r; (J) CI .... N T"" :E ..J Ü Ü :.::¡ :E 0 T"" T"" N C") V <D <X) I ,.... T"" a::: T"" N () U) C!) a::: a::: a::: a::: a::: a::: a::: :E a::: 0 ..J Ü () 0 T"" £:! ::> « - G. RETAIL AND SERVICE USES cont'd) Beauty Supplv Store P P P Camera Sales and Service Store p P P Carpet & Tile Sales Store P p P P Cigarette & CiQar Shop P P P Clock Store P p P Cleaning and Pressing Pick-up Station p P P P P P Clothing Store P P P P P P Coffee Shoprr ea Room P P P P Computer Sales and Service Store P P P Computer Software Store P P P Consumer Electronics Store P p P Copy Center p P P P Convenience Store C C P P P S S Department Store P P P P Dog Training School C C C C C S S S S S Dry Cleaners (13) P P P Equipment Rental Requiring Outdoor P Display Area Fabric Shop P P P P Farmer's Market S S S S S S Florist Shop S P P P P P Furniture & Home Furnishing Store P P Gift Shop P P P P P P Greeting Card Store P P P P Grocery Store/Supermarket p p p p p Hardware Store p P P P Health and Nutrition Food Store S p p p Health and Nutrition food store S p S IIT1Ported Goods Store p P P Jewelers P P P P Kennel p p P S Key Shop/Locksmith P P P P P P Laundry, Self Service C C C P P S S S Article 3 Permitted Uses 011000 Page 3-5 . . .'1 €..u.J ~ . 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RETAIL AND SERVICE USES (cont'd) Luaaaae Sales Store S P P P Medical Appliances and Fittings P P P P P P P Massaae Therapy IAcuDuncture Studio P P P Mortuarv/Funeral Parlor P P P P Nail Salon S P P P Nursery Retail Sales C C C P P S S S Office Supplies and Eauip, Store P P P P P Paint Retail Store P P P Pawn Shop P P P Pet Store p P P P Pharmacy S P P P P P Finishing Store S P P P PhotoaraDhY Studio P P P P Produce Market S S S S Restaurant or Cafeteria S C P P C P P S S Retail Store and ShOD S P P P P P Sales and Service of Heavy EQuipment S P Shoe ReDair Shop S P P P Shoe Store P P Shoppina Mall or Shoppina Center P P P P SDortina Goods Store P P Specialty Personal Service ShOD S S Sports Card Store P P P P Tailor/Alteration ShOD P P P Tannina Salon S P P P TeleDhone Business/Sales Office P P P P Television Sales and Service Store' P p Toy Store P P P TrODhY & Awards ShoD p P P Veterinarian Clinic (w/kennels) P P P Veterinarian Clinic (w/o kennels) P P P P P P Video Tapes and Records Store S P P P Weddina ChaDel Oni. No. 2386 P P WeiQht Loss Center P P P Women's Accessory Store P P P ~Y\~ Article 3 Permitted Uses 011000 Page 3-6 . . ð-J j/* . Zoning Regulations City of North Richland Hills, Texas RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS rn ãi Q) 'iö et= c 'iö 'iö 'iö :0= 0 ~ 'iö c :0= :0= :0= :0= Q) C C C :0= Q) ::J Section 310 rn 't:I - E Q) Q) Q) c E ëii 'iö :0= 't:I 't:I 't:I 'iö Q) Q) .~ f/) (I ëii ëii ëii :0= 't:I et= 0 Q) E LL. Q) Q) Q) c ëii LL. J: et= Q) 'iö Q) et= et= et= Q) Q) (J) 't:I ~ E oð 't:I ';:: º' ~ ~ ~ ëii et= Q) E 'iö - .r:: Table of Permitted Q) .... E f/) e c Q) Q) C ::J 'iö 'iö 0 .;:: ::J i:i5 E E E et= E ::¡ - (I '(õ U iñ 't:I ::J 'iö 0 LL. '~ .~ .... (I (I (I 0 ~ - E .r:: ::J ãi x I Q) .... ::J U LL. LL. LL. .r:: Õ :0= Q) Q) 0 - '0 Q) ::J '3 et= 't:I E '3 Q) Q) Q) Q. ~ -J C Q) E E 0 E ~ Q: C> C> (I ::æ: 0 ãi 't:I ::J '8 0 Uses ::J 0 ::æ: !E 0 E E - ~ '5 .;:: (J) c .S .S a ..... .... 0 0 ::J C> Q) LL. 0 .r:: i:i5 (J) (J) N ::æ: 0 -J U U 0 CJ) Q) 0 « (J) a ..... 'r' ::¡ ::æ: 'r' 'r' N C") ~ <0 ex) J: r-- 'r' et= 'r' N U (J) C> et= et= et= et= et= et= et= ::æ: et= 0 -J U U 0 'r' £::! ::::> « - H. COMMERCIAL USES Contractors Office (w/shop & garage) C P P (17) S Feed and Seed Store C P P P S Garden Center S C C P P S S Greenhouse or Plant Nursery P (wholesale) Hardware & Building Materials Retaill C P P Wholesale S Home ImDrovement Center P P P Janitorial SUDDly and Service ComDany P P P Lawn Maintenance Service Shop P P P Lumber Yard S S Mini-warehouse (Self StoraQe) S S S S Motel or Hotel (14) C P P P S Movina or Storage ComDanv P P NewsDaDer PrintinQ Plant P P Pest Control Service Store P P P Printina ShOD P P Research Laboratorv S S S P S P P Sian ShOD. S P P P SwimminQ Pool Sales & Service Store P P P Truck & Heavy Machinery Salesl S P P P Service/Rental UDholsterv ShOD P P P WarehousinQ P P Wholesale Distributor C P P S Warehousing & Storage of any P P Commodity except heavy steel, large diameter pipe, junk, salvage, explosive or hazardous chemicals , , , , Article 3 Permitted Uses 011000 Page 3-7 · · · Zoning Regulations City of North Richland Hills, Texas 2. THAT, ARTICLE 4, Primary District Regulations, and all references to be hereby amended as follows: SECTION 440.0-1 OFFICE DISTRICT, LR LOCAL RETAIL DISTRICT, C-1 COMMERCIAL DISTRICT, C-2 COMMERCIAL DISTRICT, AND OC OUTDOOR COMMERCIAL DISTRICT C. Lot and Area Requirements 5. Minimum side or rear buildina setback adjacent to a eublic street shall be 15 feet. SECTION 450. 1-1 LIGHT INDUSTRIAL DISTRICT AND 1-2 MEDIUM INDUSTRIAL DISTRICT C. Lot and Area Requirements 4. Minimum side or rear buildina setback adjacent to a eubHc street shall be 15 feet. SECTION 460. U SCHOOL CHURCH & INSTITUTIONAL DISTRICT C. Lot and Area Requirements 11. Minimum side or rear buildina setback adiacent to a eublic street shall be 15 feet. 3. THAT, ARTICLE 6, Supplementary District Regulations, and all references to be hereby amended as follows: Section 606. ARCHITECTURAL REQUIREMENTS A. Fasade Offset Rectyirement All visible facades (i.e., front bblildin~ face, aRd side bblildin~ fasades alon~ the stFeet sides of corner lots) of all bblildings having 1Q,OOO sqblaFe feet or more in the R 7 MF District and all non residential districts exclt:Jding I 1, light Indblstrial, al1d I 2, Mediblm Indblstrial, shall be varied and articulated in such a way that no mOFe than fifty per.Qent (50%) of each façade(s) is a flat or unbroken pi aRe sblrface. At leae:t fifty per~ent (50%) of the elevational e:~l:Jare footage of each applicable façade ml:Jst be either projecting ol:Jtward, or recessed in'l~r-s, from the mean (i.e., averoge) plane surfase at least ten (10) feet or more. In addition, no POrtiOR of the facaee{s) shall exceee fifty (50) linear feet (as meaSblFe in plan vie>Nj of flat or unbr-okeR plaRe sl:Jrface withoblt in·J.'3r-s recess (es) or ol:Jw.tam projestions(s) of ten (10) feet or more. (See OFfJÍF18n66 2127) A. Applicability and lntent. The-followina standards shall aeely to any non-residential structure of ten thousand (10,000) SQuare feet or more in footerint area. The standards set forth in this section are intended to aeely to nonresidential structures built on or after the adoetion date of this section: ( ). and. to ere-existina structures when the footerint area of the structure is excanded by more than 30% of the SQuare footaae that was existina at the time this ordinance was adoeted. Only new facade walls shall be subiect to this reauirement. This ordinance shall not aeely to Industrial uses constructed in the 1-1 and 1-2 districts. B. Dimensional Architectural Standards 1. Facade Walls. A "Facade Wall" is an exterior wall facina a eubHc street. The followina standards shall aeely to a maximum of all Facade Walls. Ground floor Facade Walls shall incorporate at least four (4) of the followina five (5) reauirements. These reauired desian elements must comerise at Article 3 Permitted Uses 011000 Page 3-8 · · · Zoning Regulations City of North Richland Hills, Texas least fiftv cercent (50%) of the Facade Wall's horizontallenath. ExceDtion: Where there are facade walls less than (two-hundred) 200 feet in lenath. only (three) 3 of the elements shall aDDly. a. Wall recesseslDroiections that are at least twenty (20) feet lona but no more than one hundred (100) feet lona and that have a relief of at least eiaht (8) inches. b. Architectural features (at least three items from the followina list): (1) Raised corniced DaraDets over the door, or ceaked roof forms havina an averaae sloDe areater than or eaual to a minimum 5/12 Ditch. or arches. or architectural details such as tile work and moldinas that are intearated into the buildina structure and desian: (2) Intearal Dlanters or wina walls that incoroorate landscaDed areas and/or Dlaces for sittina: (3) Enhanced exterior liahtina such as wall sconces. liaht coves with concealed liaht source. around mounted accent liahts. or decorative Dedestalliahts: (4) Prominent three-dimensional architectural features Droiectina from the Diane of the main exterior walls by a minimum of five (5) feet and raised above the adioinina Daracet wall/roof by a minimum of three (3) feet. clock towers and other similar architectural desian elements: and. (5) Pilasters Droiectina from the Diane of the wall by a minimum of eiaht (8) inches and/or architectural or decorative columns to create visual breaks and interests in the facade walls and exterior walls. c. Arcades. Covered Walkwavs. Architectural Awninas. CanoDies or Porticos. d. DisDlav windows. faux windows. or decorative windows. e. Pilasters Droiectina from the Diane of the wall bv a minimum of eiaht (8) inches and/or architectural or decorative columns to create visual breaks and interest in the Facade Walls and exterior walls. 2. Detail Wall Features. (These reauirements aDDly to all Facade Walls.) Buildina Facade Walls shall include a Dattern that incorDorates no less than three (3) of the elements listed below. At least one of these elements shall occur verticallv. All elements shall occur horizontally at intervals of no more than forty (40) feet for buildinas between 10.000 and 25.000 SQuare feet. sixty-five (65) feet for buildinas between 25.001 and 50.000. and one-hundred (100) feet for buildinas areater than 50.000 SQuare feet in size. a. Color chanae. b. Texture chanae. c. Material module chanae (unit size chanae). d. SloDina roofline. 3. Materials and Colors (aDDlies to all exterior walls exceDt where noted): a. For all Facade Walls: One hundred Dercent (100%) of all exterior buildina materials shall be hiah aualitv materials. and shall be limited to any combination of the followina materials. (1) Face brick or face tile. Article 3 Permitted Uses 011000 Page 3-9 · · · Zoning Regulations City of North Richland Hills, Texas (2) Natural stone or cultured stone. (3) Glass. with the use of reflective alass limited to a maximum of fifty cercent (50%) of the area of any Facade Wall on which it is used. (4) Tinted and/or textured, concrete masonry units (e.a.. sclit face block. burnished block with a decorative finish). (5) Tilt-uc concrete canels that are adorned or textured (includina reveal catterns and textural coatinas). b. Exterior colors shall be low reflectance. subtle. neutral. or earth tone colors. The use of hiah intensity. crimarv. metallic, or fluorescent colors shall be crohibited. c. Buildina trim and accent areas may feature briahter colors, crimarv colors, and neon tubina for trim or accentuation in crooortions consistent with trim or accentuation only. Such buildina trim and accent areas shall not exceed fifteen cercent (15%) of any sinale exterior wall area excludina all windows. doors. and alass construction materials. Stucco and hardiclank may be used for accent areas. In no case may these materials be located closer than eiaht feet (8') to the around. The use of EIFS is crohibited. d. For any non-Facade Wall (Le.. a nonvisible "back" or side). the followina materials shall be cermitted: (1) Smooth-faced concrete block that is textured and non-tinted or non-burnished. or (2) Tilt-uc concrete canels that are unadorned but still textured; and (3) The color of this wall shall blend with the facade walls. 4. Roofs. Roofs shall incorcorate caracets concealina flat roofs and rooftoc eauicment such as HVAC units from cublic view on facade sides. On non-facade sides. caracets or rooftoc screens can be used unless adiacent to residential zonina. Paracet heiaht chanaes over one (1) foot shall vary three dimensionally to add visual interest to the buildina and shall include architectural detailina, cornices, moldinas. trims, variations in brick coursina. and other similar tyce detailina. ß,.LAny structure constructed for the purpose of residential use must have a roof with a pitch ratio of at least four verticals to twelve horizontals (4:12). (See Ordinance 2427) Section 625. TEMPORARY USES AND BUILDINGS A. Temporary Buildings - Nothing herein shall prohibit the placement of temporary portable buildings providing office space, sanitary facilities or storage of supplies or materials, or the erection of security fences on- the site and during the period of any construction project upon application for and receipt from the City Enforcement Officer Buildina Official of a permit. However, no manufacturing operation shall be conducted within a temporary or portable building when the product of such operation is to be transported off the site for use in construction at another location. B. Temporary Uses - Temporary outside display and outdoor sales, on properties zoned LR, C-1, C-2, OC, 1-1, 1-2 and U, by the occupants of businesses of such properties, may be permitted by the Gity Enfor:cement Officer Buildina Official upon the application and granting of a temporary t.I6e sales and disclay permit. 1. In no event shall such temporary ~ sales and disclay be allowed for more than thirty consecutive days or more than once per year unless otherwise provided. All sales shall meet Article 3 Permitted Uses 011000 Page 3-10 Zoning Regulations City of North Richland Hills. Texas the special conditions, if any, imposed by the City Enforcement Officer Buildina Official and/or Fire Marshal for the protection of public interest and the welfare of the community. · 2. Tents shall conform to the Uniform Fire Code and no tent shall be erected without first obtaining a permit. No outside use of property for sales and disclav will be allowed except by the existing occupants of the property. This includes parking of vehicles for a purpose other than conducting business on the premises. 3. The temporary outside display and outdoor sale of Christmas trees, pumpkins or other seasonal holiday items may be permitted on those properties zoned LR, C-1, C-2, 1-1, 1-2 and U, for a period of forty days prior to the specific holiday. The City Enfor:cement Officer Buildina Official may issue a temporary seasonal sale YSe permit for such sale, when it is found that there is available adequate off-street parking area, either improved or unimproved, as determined by the Enforcement Officer Buildina Official; and that the location and layout of drives, parking areas, lighting, and sale signs will not constitute a hazard to public travel on the abutting public streets. Trees, stands, equipment, trash, signs, lighting and shelters shall be removed by the permit holder no later than ten (10) days following the specific holiday. · 4. Carnivals, circuses and special fund raising events sponsored by a public entity, civic or non-profit organization located within the City may be allowed as a temporary use for a period not exceeding three consecutive days. Except for churches and public or semi-public school sponsored events on their property, such events shall be on a site containing not less than two acres in a non- residential zoning district. Except for public or semi-public schools, only one permit for a carnival, circus or special fund raising event shall be issued to the same civic or non-profit organization within a 180-day period. Adequate parking and sanitary facilities shall be made available to the satisfaction of the Building Official. No carnival or special event shall begin operation bef,ere 8:00 AM. and operation shall cease before 11 :00 P.M. on all nights except on Saturdays when the event shall cease operation at mid-night. The Building Official shall establish the terms and conditions for the temporary use at the time of approval. In the event that a sponsor is dissatisfied with the Building Official's decision, the sponsor may appeal the requested use to the Planning and Zoning Commission. 5. The temcorarv outside display and outdoor retail sale of seasonal items may be permitted on those properties zoned C-1, C-2, 1-1, and 1-2. Such area shall be permitted to cover an amount of space equivalent to ten percent (10%) of the principal structure, up to and not to exceed 2,500 square feet of space. Additionally, no items shall be stacked higher than seven (7) feet in height. The City Enfomement Officer Buildina Official may issue an approval for such temoorarv outside display and outdoor sale when it is found that there is available adequate paved off-street parking area as eeterminea by the Enforcement Officer; and that the location and layout of drives, parking areas, lighting, and sale signs will not constitute a hazard to public travel on the abutting public streets. Temcorarv GQutside display and outdoor retail sale exceeding 2,500 square feet requires a Special Use Provision Permit approved by City Council (See Article 5). (See Ordinance 2427) Section 626. OUTDOOR STORAGE REGULATIONS C. Special Us~ Provision Permit for Outdoor Storage Area - The location of outdoor storage areas shall be limited to the side or rear of the primary structure to which the facility(s) belong. A Special Use Pr-ovision Permit (refer to Article 5) authorized by City Council may allow the outside storage area to exceed ten percent (10%) of the total lot area not to exceed a maximum of twenty percent (20%) of the total lot area. The outside storage area shall not encroach upon the required off street parking and maneuvering areas of the lot. The stacking height of any items is limited to one (1) foot below the required screening wall panel height. (See Ordinance 2427) · Section 627. Incidental Outdoor Displav. In connection with any cermitted use on those crocerties zoned C-1. C-2. 1-1. and 1-2. there shall be allowed the incidental disclav of merchandise out of doors subject to the followina limitations: Article 3 Permitted Uses 011000 Page 3-11 · · · Zoning Regulations A. City of North Richland Hills, Texas All disclav areas out of doors shall be confined to a Dedestrian walkwav immediatelv adiacent to the front of the buildina housina the crimarv use and shall not extend from such buildina a distance of more than twelve feet. In no instance shall there be less than five (5) feet of clear scace on the walkwav for Dedestrian maneuverina. All sales of such merchandise shall be consummated indoors. and no cash reaister or cackaae- wraccina counter shall be located out of doors. The maximum heiaht of merchandise shall not exceed six (6) feet. B. c. Section 645. Mechanical Equipment Mechanical equipment on rooftQPs shall be screened in accordance with Article 10, Screening and Fencing Regulations. Section 690. Sidewalks Sidewalks shall be required eR-aU adjacent to all public streets in all zonina districts, with the exception of AG Agriculture. Sidewalks shall be constructed coincident with new develocment and shall be constructed in accordance with the Public Works Desian Manual. 4. THAT, ARTICLE 10, Screening and Fencing Regulations, and all references to be hereby amended as follows: Subsection 1025 General Screening Wall and Fence Criteria B. Front Yards - Non-sight barring fences may be allowed in front yards of sinale familv residences which have at least 100 feet of frontaae on a street. Such fences shall be wrought iron, and shall be no greater than four (4) feet in height. Front yard fences for residential lots more than one (1) acre in size and having more than two hundred (200) feet of linear street frontage shall be greater than 4' in height and no taller gre3ter than six (6) feet in height, excluding posts. The oosts must be constructed of brick or stone and must be claced at thirtY (30) feet on center. 5. THAT, ARTICLE 11, Definitions, and all references to be hereby amended as follows: Section 1100. Definitions. Secondary Livina Unit - A second sinale-familv residential livina unit. also known as a mother-in-law unit or arannv flat). located on the same lot as the crimarv livina unit. The secondary livina unit is onlv for use by domestic cersons and their familv or a relative of the occucants of the crimarv livina unit. This unit shall be detached from the crimarv unit. and shall not be rented or leased. This unit must meet all standards as acclied to the crimarv structure excect: the reauirement for minimum aross livina area: the reauirement for a aaraae/caroort: and the off street carkina reauirements. The unit shall not have a secarate utility meter. Social Service Facility with TemDorarv Lodaing - A facilitv for the care of alcoholic. narcotic. csvchiatric œrsons. includina women's and similar uses. SDecial Personal Service ShOD - An establishment where the crimarv use of the buildina or lease scace includes any of or any combination of the followina: csychic readers. tattoo carlors. bodY or ciercina earlors. the sale of ciaarette eaeers. bonos. or other smokina accessories. This definition shall not include messaae theraev or acueuncture clinics. or ciaar or ciaarette shoes. 6. Article 3 Permitted Uses 011000 Page 3-12 . . . Zoning Regulations City of North Richland Hills, Texas 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 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. 8. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL THIS 26th DAY OF NOVEMBER 2001. ATTEST: Charles Scoma, Mayor City of North Richland Hills, Texas City Secretary City of North Richland Hills, Texas APPRY~~ ._ 0 ~ 1 Department Head Article 3 Permitted Uses 011000 Page 3-13 ~ CITY OF NORTH RICHLAND HILLS . Department: Planning & Inspections Department Council Meeting Date: 11/26/01 PZ 2001-34 Subject: Public hearing to consider Thoroughfare Plan Agenda Number: Changes for the extension of Shady Grove Road, Browning Drive and the streets system for Home Town Development and surrounding vicinity. Ordinance #2584 Case Summary A public hearing is scheduled for tonight's agenda to consider a package of 3 amendments to the Thoroughfare Plan (see attached maps). These revisions are city initiated proposals and are described as follows: · The extension of Shady Grove Road as a two lane, undivided, minor collector street (C2U) from its existing location in a southerly direction to intersect with North Tarrant Parkway, · The extension of Browning Drive as a two lane undivided, minor collector street (C2U) designation from its location in a northerly direction to connect with Browning Court, and · Revisions to the street system for Home Town Development and the surrounding vicinity, generally located west of Grapevine Highway, south of Mid-Cities Boulevard and east of Davis Drive. A public meeting was held Tuesday, November 13th, to discuss these designation changes with property owners who abutted the proposed changes. Approximately 30 notices were sent out and approximately 10 property owners attended the meeting. Mike Curtis, Director of Public Works and John Pitstick, Director of Development made a brief presentation to the owners and answered questions. The purpose of the meeting was to make the owners more knowledgeable regarding the changes prior to the public hearing and to answer any questions they had. The property owners affected by Shady Grove and Browning Drive extensions had several questions and requested time to further evaluate the impact on their properties. All the property owners present regarding the revisions to the HomeTown development and surrounding properties were favorable of proposed changes to the thoroughfare plan. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds Available ~-~w Finance Director Department Head Signature / '?~/~~ ~ (~. ?~.~ ¿/¿/ ./ City Manager Signature L:\Cases\PZ Cases\Cover Sheet CCthoroughfare.doc Page 1 of 2 CITY OF NORTH RICHLAND HILLS . Recommendation: Based on the input from those owners, Staff recommends approval of the changes proposed for the Home Town and immediate vicinity. Staff is recommending denial of the proposal for Browning Drive as a result of changes to the proposed preliminary plat for this tract of property. The developers will be presenting a preliminary plat with a short cui de sac and are trying to market a large industrial tract on the northern portion of the plat. Staff has reviewed this request and is supportive as long as the property is platted in a single lot north of the cui de sac. . Staff recommends denial of the Shady Grove Road extension until additional research can be accomplished. We do realize that this change would have to occur with the development of North Tarrant Parkway and will bring back more specific recommendations in the near future. Staff will process an additional proposal for the Commission and Council consideration on this roadway extension. The Planning and Zoning Commission will meet on these items on Tuesday, November 20,2001 and a formal recommendation will be provided prior to the City Council meeting. CITY COUNCIL ACTION ITEM L:\Cases\PZ Cases\Cover Sheet CCthoroughfalt::.uul; Page 2 of 2 J ¡>-~ .'"- ~ -~~'j - ~ '"' ~ . t= I I r -tL L..... t:~-II=- II'QYC _ ~SQ ~ê1: n>~ n::J - ~ ~~m 7 ) ~~~~'~'1 T 'H ~ I "- I .- 1 I W},.J,J; '.;./. ~ h ~~ ~~ I f I 1II1II ¡ I I I):::r-.J -:.r . Y~j ~I / / C) ...u, ~ ~< J 5 r-:~ _; ~~J(~~m - ~ ~ : .\.~ ~ ~ II =.-~~71 I ~, \ , '\ Õ" Þ:~]"¿ W YXf W ()~ '\. \'\ I~U r--~' ~ ~ ~ ~ -" T r--.c.. ~1, lL I ~ ~ 9f6~ __ I.$: \\-.::¡ ..' I L I~ST'\ l~-~~~ ~ ~ ,\\ _~ . -L\ ~ . ~ ~Il~ ~\~. c ~ - ~ ~ ~" ~ ~ ~v.... ' 1-:11 I .... ~.o n ~~I-J i-~II IT ~- h .~'\ _ g LJ::-----,-- n ~ 11 r 01:11!:J~111t'4 . ~Ic\f. 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'. - _ ~.. .m__ . - ··Y~ I I I ì ê i ~ I ~ ~JJ I t:__ ~~ ~r-.- - - 0< .. Z ~~ ....> ~ .{) ~~ ~C" .... ~~~ .,,~ r~, o>~ - - o -0 E c: Q)~ .....c:>, ~Q):!:: oqo (J) E .f: M.....a.u I Q) 0 >'- Q)- ~.Þ~C> o (J) Q) .f: 000-0 ('1.1..... c: N ~ § 5 Q.oot: ëñ~:J .- Q) (J) ã) E 0:::0 I ~.;èh "~I~I _:- IIfl, -::e I I' ) i--~-'F1j o - ¡-. ~L- <I, &¥ L--~ /" ~;-;g-- T T ;> I --?'I , I o II =~ ~ 4=. -"- Ik -"- " w... -I- ~~:: è" _I- rt\. I--~ r-- f£ 1-_ . - . ".... I ~<0. G\\.i ~ ~ '-(\7/.\\0 G\\.i 0 · ---- · · ...-- ~ 1 .-- ~7/. \)~7/. ~~~ .~ 0 C \""' City Limits .__. ¡. - -. .-. City Limits " ·,"\"rJ"T"p,., ,.,...,... PZ 2001 - 34 Extension of Browning Drive 60' Minor Collector (2 lanes undivided) ,., . . . , N ~ '/..0\\0'( C\\'j 0 City Limits City Limits -¡ r-- ;yv- ~ I I I Ij I~ PZ 2001 - 34 Extension of Shady Grove Road '7 d "~~ y-- 60' Minor Collector (2 lanes undivided) LLI ~ ~ ~ ~ .---. /~ a;;I -' ~. - ~ = ~ \í D.~'~ I ~L ~"\' \ :Ill TI~=~;f ,. ~ , ~ I II / I ~~ 1>-,. - \ - - I- - ? ! [...J:;.r- - -: r-r- '-- ~7 / 1 - .-rV" /- ;.¡g. ~ 1 ~ ~~-e-- I!! - I I I I II I ~ . kØ I _ .~ n " f--- f--- -- -~ I I ~ I-- I I I I r - ~ ' :1~~ ~ v<J/ I m:rrrr f-:: ~ J~ ~ ~ 1-ZJt! ~ ~\ I VI I ~@W 1 ~~ ,,--,,::; -- I . ----- , t I i , I . j ..J 2¡ ..!I d j w gj . I · · · Nov IS 01 12: 34p ITS, Inc. 972-484-4545 ¡c.2 !;~f(fINNOV ATIVE TRANSPORTATION SOLUTIONS INC. U 2701 Vall.y V;.w Lan. . Foem.... B"n.h, T.... 75234-4924 . (972) 484-2525 . (972) 484-4545 MEMORANDUM TO: Mr. Mike Curtis, P.E. Public Works Director City of North Ricbland Hills DATE: November 15, 2001 RE: Planning & Zoning 2001-34 Extension of Shady Grove Road Dear Mr. Curtis: Innovative Transportation Solutions, Inc. has been retained by Mr. Ken Reimer, Sr. and Venture Commercial regarding the proposed thoroughfare plan revision for Shady Grove Road (PZ 2001- 34). As explained at the Public Meeting held on Tuesday, November 13, 200J, Mr. Reimer did not receive notification of this proposed thoroughfare plan revision lmtil Friday, November 9, 2001. Due to the unusually short time period between the Public Meeting, November 13,2001, and the scheduled Planning & Zoning Commission Meeting on Tuesday, November 20, 2001, Mr. Reimer's consultants are not able to evaluate the impacts of the re-alignment on his property. As stated at the Public Meeting, we need to have time to review the Kimley- Horn Report and develop an alternative plan, if necessary, to present to the Planning & Zoning Commission. Therefore, we request that we be allowed a minimum of thirty (30) days to prepare our technical study and present the study to City Staff For this reason, and due to the Thanksgiving and Christmas Holiday Seasons, we would request that the Planning & Zoning Commission at the November 20,2001 meeting extend the Public Hearing period until their first meeting in January of 2002. This time period would allow Mr. Reimer, the other property owners and citizens present at the November 13th meeting, time to review and prepare alternatives to present to City Staff before the Public Hearing and vote by the Planning & Zoning Commission. On behalf of Mr. Reimer, I would request that this letter be presented to the PI arming & Zoning Commission at the November 20,2001 meeting. SWJy~ t{f¡~ael tare. . _ cc: John Pitstick Ken Reimer, Sr. Ken Reimer, Jr. Bill Dahlstrom, esq. Nov 16 01 12:34p ITS,Inc. 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J , \ · NOTICE OF PUBLIC HEARING OF THE NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL CASE #: PZ 2001-34 Thoroughfare Plan Change You are being sent this notice because, according to the latest tax roll from the Tarrant Appraisal District, you are listed as the owner of property directly abutting land that will undergo a change to thoroughfare status on the City's adopted Thoroughfare Plan (see attached map). If you are unable to come to the scheduled meetings, you may forward any letters to: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Hearina Procedure: Plannina and Zonina Commission and City Council When: PLANNING AND ZONING Tuesday November 20, 2001 CITY COUNCIL Monday, November 26,2001 · Time: 7:00 P.M. What PUBLIC HEARING - PLANNING AND ZONING COMMISSION AND CITY COUNCIL Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions regarding the proposed change please call Cathy Horton, Zoning Administrator at 817.427-6307. · · CASE #: PZ 2001-34 Thoroughfare Plan Change 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. Revisions to Street System Home Town Development and Surrounding Vicinity Town Center Dan Quinto Arcadia Realty 5440 Harvest Hill Road, Suite 206 Dallas, Texas 75230 Cardinal Lane Ramco Realty, Co Walker, Landon C. Survey 700 North Pearl Street, Suite 2400 Abstract 1652, Tract 1 Dallas, Texas 75201-2832 9000 Cardinal Lane Ramco Realty, Co Walker, Landon C. Survey 700 North Pearl Street, Suite 2400 Abstract 1652, Tract 1A Dallas, Texas 75201-2832 8901 Cardinal Lane Chambless, Margaret Louise Walker, Landon C. Survey 3609 Scranton Drive Abstract 1652, Tract 3B Fort Worth, Texas 76118 8917 Cardinal Lane Gray, Willie H Etux Charlotte Walker, Landon C. Survey PO Box 820928 · Abstract 1652, Tract 3C Fort Worth, Texas 76182 Cardinal Lane Cardinal Lane Investors Inc. Walker, Landon C. Survey 9033 Cardinal Lane Abstract 1652, Tract 3D North Richland Hills, Texas 76180 Cardinal Lane Cardinal Lane Investors Inc Walker, Landon C. Survey 9033 Cardinal Lane Abstract 1652, Tract 3001 North Richland Hills, Texas 76180 Cardinal Lane Mega Life & Health Inc. Co. Walker, Landon C. Survey 9151 Grapevine Highway Abstract 1652, Tract 3002 North Richland Hills, Texas 76180 Cardinal Lane Ramco Realty, Inc. Walker, Landon C. Survey 700 N Pearl Street, Suite 2400 Abstract 1652, Tract 5E Dallas, Texas 75201-2832 Cardinal Lane Ramco Realty, Inc. Walker, Landon C. Survey 700 N Pearl Street, Suite 2400 Abstract 1652, Tract 5E01 Dallas, Texas 75201-2832 Cardinal Lane North Richland Hills, City of Walker, Landon C. Survey 7301 North East Loop 820 Abstract 1652, Tract 5E2 & 5E3 Fort Worth, Texas 76180 · · 9121 Grapevine Highway Northeast Crossing Northeast Crossing Addition 301 Commerce Street, Suite 3060 Block 1, Lot 3 Fort Worth, Texas 76102 9151 Grapevine Highway Mega Life & Health Ins. Co. Aegon Office Park Addition 9151 Grapevine Highway Block 1, Lot 1 North Richland Hills, Texas 76180 9025 Cardinal Lane Green, Curtis J Hansard-Lewis Subdivision 9025 Cardinal Lane Block 1, Lot North Richland Hills, Texas 76180 Extension of Shady Grove Road 8725 North Tarrant Parkway Reimer, Kenneth F Brentwood Estates Addition 3712 McFarlin Boulevard Block 5, Lot 1 Dallas, Texas 75205 8825 North Tarrant Parkway Attn: P H Grayson Brentwood Estates Addition PO Box 8615, Station A Block 5, Lot 2 Greenville, SC 29604 8463 Shady Grove Road Slay, H Lamar Etux Cindy Peck, Thomas Survey 8463 Shady Grove Road Abstract 1209, Tract 13A Fort Worth, Texas 76180 · 8459 Shady Grove Road Pichette, Richard Etux Sheryl Peck, Thomas Survey 8459 Shady Grove Road Abstract 1209, Tract 13A4 Fort Worth, Texas 76180 Extension of Browning Drive Browning Boulevard Rebel Properties II, L TO Akers, Telitha Survey 1845 Precinct Line Road, Suite 108 Abstract 1 9, Tract 1 C Hurst, Texas 76054 6353 Browning Court Doskocil Food Service Industrial Park Addition PO Box 26724 Block 3, Lot AR2 Oklahoma, OK 73126 6350 Browning Court Doskocil Food Service Industrial Park Addition PO Box 26724 Block 3, Lot AR 1 Oklahoma, OK 73126 Browning Court Rebel Properties, L TO Industrial Park Addition 1845 Precinct Line Road, Suite 108 Block 3, Lot 4RA Hurst, Texas 76054 6321 Browning Court Richland Hills Church of Christ Industrial Park Addition 6300 NE Loop 820 Block 3, Lot 7 Fort Worth, Texas 76180 · · . · ORDINANCE NO. 2584 AN ORDINANCE BY THE CITY OF NORTH RICH LAND HILLS, TEXAS, AMENDING THE MASTER THOROUGHFARE PLAN OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL IN JUNE 2001; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills has forwarded a recommendation to the City Council for amendment of the Master Thoroughfare Plan of the City of North Richland Hills, Texas; and WHEREAS, the City Council has conducted a Public Hearing to consider said revisions, and after hearing, determines that such revisions shall be adopted; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: · 1. THAT, the street system for the HomeTown development and surrounding vicinity on the Master Thoroughfare Plan be hereby reclassified according to the attached Exhibit "A". 2. THAT, the Master Thoroughfare Plan be redrawn to incorporate this amendment. 3. · 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 Ord. 2584 Page 1 · . · 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. 4. SAVINGS CLAUSE. That the Master Thoroughfare Plan 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; and that the Master Thoroughfare Plan shall hereafter reflect these revisions. 5. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 26th DAY OF NOVEMBER 2001. · Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 22nd DAY OF OCTOBER 2001. Mayor, City of North Richland Hills, Texas ATTEST: · City Secretary Ord. 2584 Page 2 · . · City of North Richland Hills, Texas APPROVED AS TO CONTENT: -1Q~ Director of Development APPROVED AS TO FORM AND LEGALITY: Attorney for the City · · Ord. 2584 Page 3 ". ~ . CITY OF NORTH RICHLAND HILLS Department: Human Resources Council Meeting Date: 11/26/01 Subject: TMRS 20-Year Retirement Benefit - Ordinance No. 2585 Agenda Number: GN 2001-113 and Five-Year Vesting House Bill 2168 allows municipalities to adopt retirement eligibility at any age with 20 years of service credit. Adopting the 20-year retirement provision would benefit the City's recruiting and retention efforts by assisting us with attracting candidates for employment as well as rewarding employees for their tenure with the City. Requirements for adopting the 20-year retirement include: actuarial analysis of member retirement annuities; holding a public hearing; and adopting the provision by City Ordinance. TMRS actuaries prepared a study of the City's employee population and determined that our rate to adopt the 20-year provision would cost an additional .23% of payroll. This additional amount would be added to our monthly contribution rate that will be 12.62% effective January 1, 2002. The resulting rate for the 20-year provision would be 12.85%. The new rate is actuarially calculated specifically for the City of North Richland Hills and would be applied to monthly payrolls at the time of adoption. The additional payroll cost to adopt the 20-year provision for the remainder of fiscal year 2001/2002 would be approximately $40,000. Based on the experience of TMRS and neighboring cities who have adopted the 20-year retirement option, the impact to the future number of retirements and healthcare costs are expected to be minimal. The 20-year retirement option was adopted as part of this year's budget in September. Under current law, TMRS cities provide 1 O-year vesting for service retirement benefits. Senate Bill 522 will make five-year vesting for TMRS cities effective January 1, 2002. Cities are allowed to keep the 1 O-year vesting benefit but must make an election by December 31,2001. The five-year vesting period is attractive to people starting their careers as well as second-career employees. As a comparison, private sector employers are required to provide either five-year vesting or seven-year "graduated" vesting. RECOMMENDATION: Based on the recruiting and retention benefits, City staff recommends that Council hold a public hearing soliciting input from interested parties and immediately following the public hearing, formally adopt the 20-year retirement Ordinance No. 2585 for an effective date of January 1,2002. In addition, City staff recommends that City Council approve the five- year vesting option which will be effective January 1, 2002. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds Avai a e , Budget Director ~~ ~ Dep ment Head Signature Finance Director Æ~Ç-~~ City Manager Signature Page 1 of 2 .. , . ORDINANCE NO. 2585 AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM GRANTING THE ADDITIONAL RIGHTS AUTHORIZED BY SECTION 854.202(g) OF TITLE 8, TEXAS GOVERNMENT CODE, AS AMENDED, AND PRESCRIBING THE EFFECTIVE DATE FOR THE ORDINANCE. Be it ordained by the City Council of the City of North Richland Hills, Texas, that: Section 1. Pursuant to the provisions of Section 854.202(g) of Subtitle G of Title 8, Texas Government Code, as amended, which Subtitle shall herein be referred to as the "TMRS Act," the City of North Richland Hills, Texas, adopts the following provisions affecting participation of its employees in the Texas Municipal Retirement System (herein referred to as the "System"): (a) Any employee of the City who is a member of the System is eligible to retire and receive a service retirement annuity if the member has at least 20 years of credited service in the System performed for one or more municipalities that have adopted a like provision under Section 854.202(g) of the TMRS Act. (b) Prior to adopting this ordinance, the governing body of the City has: (1) prepared an actuarial analysis of member retirement annuities at 20 years of service; and (2) held a public hearing pursuant to the notice provisions of the Texas Open Meetings Act, Chapter 551, Texas Government Code. . (c) The rights hereinabove authorized shall be in addition to the plan provisions heretofore adopted and in force at the effective date of this ordinance pursuant to the TMRS Act. Section 1. This ordinance shall become effective the first day of January, 2002 PASSED AND APPROVED this 26th day of November, 2001. APPROVED: Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary APPROVED AS TO CONTENT: Patrick Hillis - Human Resources Director " .APPROVED AS TO FORM AND LEGALITY: Rex McEntire - City Attorney :\ ~ CITY OF NORTH RICHLAND HILLS Department: Administration Council Meeting Date: 11/26/01 Subject: Consideration of an Ordinance Grantinq a Franchise to Agenda Number: GN 2001-114 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 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. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other tlu.k;wIti1J*~ Gv Department ead "Signature Account Number Sufficient Funds Available Budget Director Finance Director ~~c~~ City Manager Signature Page 1 of 2 '" CITY OF NORTH RICHLAND HILLS Other Highlights: · GateHouse must bégin 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 City Council considered the first reading at the November 12th City Council meeting. This item constitutes the second reading, with final action to be taken tonight. Recommendation: To approve Ordinance Number 2582 (second reading and final action) granting a cable franchise to Lamont Digital Systems, Inc. doing business as Gatehouse Networks. CITY COUNCIL ACTION ITEM Page 2 of 2 P. . e e ORDINANCE NO. 2582 , AN ORDINANCE GRANTING A FRANCHISE TO LAMONT DIGITAL SYSTEMS, INC. DBA GATEHOUSE NETWORKS FOR USE OF PUBLIC RIGHTS-OF-WAY WITHIN THE CITY OF NORTH RICHLAND HILLS FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING A CABLE TELEVISION SYSTEM; REQUIRING EXECUTION OF A FRANCHISE AGREEMENT BETWEEN THE CITY OF NORTH RICHLAND HILLS AND LAMONT DIGITAL SYSTEMS, INC. DBA GA TEHOUSE 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 OPERA TION 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. 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 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 ~ . e e 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 execution by Company, Lamont Digital Systems, Inc. and GateHouse Networks of a Franchise Agreement 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: City of North Richland Hills 2 · e e Exhibit A FRANCHISE AGREEME~T 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 "An Cabled Franchise Agreement with Lamont Digital Systems dba GateHouse Networks L . 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 Television 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, th~ 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 (IP) 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 "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks e Institutional Network or I-NET shall mean the fiber optic communications network described in Sections 5.3 et seq., 5.4 and Exhibit "B" to be constructed and operated by Company for the provision of Institutional Network Services to I- 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 seasonål 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 "An 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 infonnation of the user's choosing, without change in the fonn or content of the infonnation as sent and received. e Transfer or Transferred shall mean, in addition to supplements set forth in Section 14 of this Franchise, (i) any fonn 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. e Subject to the tenns 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 pennitted 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 pennit or agreement for the use of the Public Rights-of-Way, if required by the City. Page 5 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · e e 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 nonnal installation charge and monthly rate for customers of that classification, under the following tenns and conditions. (a) Where the new subscriber, or nearest subscriber of a group of new subscribers is located within 250 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. (c) In the event the requirements of subsections (a) and (b) are not met, the installation cost per subscriber shall be detennined 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 pennit 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 perfonnance of its various functions, and thereafter, as between franchisees and other pennit holders, as detennined 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. 2.4. Other Permits. Page 6 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · This Franchise does not relieve Company of any obligation to obtain pennits, licenses and other approvals from the City necessary for the construction, repair or maintenance of the System or the provision ofCa~le Services. 2.5. Bonds. 2.5.1. During Construction of the System. 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 perfonnance bond in the amount of One Hundred Thousand Dollars ($100,000.00) that guarantees satisfactory compliance by Company with all requirements, tenns 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, finns, 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, finns, 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 perfonned in the City's corporate limits. The bonds shall guarantee (i) satisfactory compliance by Company with all requirements, tenns and conditions of this Franchise Agreement and (ii) full payments to all persons, finns, corporations or other entities with whom Company has a direct relationship for the perfonnance 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 performed by the contractor in the City's corporate limits. The bonds shall guarantee (i) the faithful performance 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 performance 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 form 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 term 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 form 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 "A" 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 wit~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 "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks e 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, pennit 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 fonn acceptable to the City. This Letter of Credit shall serve a security to the City for the faithful perfonnance 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 tenn of this Franchise and for at least six (6) months following any revocation, tennination 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 tennination. 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 "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks e shall automatically terminate 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 regulations 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 33 and 34 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. 5.1.2 Government Channels. e 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 11 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 Cha~el in which they are the sole User. 5.1.6. Temporary Additional PEG Channels, After the date on which Company begins to provide at least fifty (50) channels in a high definition television fonnat (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 fonnat and in an HDTV fonnat. If Company ceases to provide any channel of programming on its System in 6 MHz NTSC analog fonnat, 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 tenninal 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, maintained by Company and provided for the sole and exclusive use ofI-NET Users. e 5.4. Incremental I-NET Fiber. Page 12 Exhibit "A" 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: ' 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 I- 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 when 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. Temporary 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 p1atfonn 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 "An 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 qf 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- W ay. 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 (I8) 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 ofa 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 pennit 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 "An Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · 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. Temporary 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 penn it issued by the City. Company may charge a reasonable fee for this service, but such fee shall not exceed thè 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, tennination 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, tennination 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 · .... .... Rights-of-Way 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- W ay 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. ScramblinefBlocking. 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. e 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 P9sitions 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 infonnation 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 infonnation 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 tenn "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 Nonnal 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 Nonnal Operating Conditions, measured on a quarterly basis. 7.6.5. Under Nonnal 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 infonnation on Company and its services. The office 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 Nonnal Operating Conditions, installations shall be perfonned 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 "A" 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 B1) 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 "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · e e ü) Under Nonnal Operating Conditions, Company shall meet the standards of Section 10.1 through 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 Nonnal 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 Nonnal 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 Nonnal 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 "A" 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 form, of all Cable Service-related customer Complaints origit;1ating within the City. Such log shall be in form 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 normal 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 · 7.13.1 Format. Company's bills to customers 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 format 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. 7.13.2 Complaints and Disputes. e 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 terminated, 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 determination that a credit is warranted. Page 24 Exhibit "An Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · e e 7.15. Late Payments. 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 thè 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 tennination 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 in: 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 Drops shall be done in accordance with section 2.2.2. and "Exhibit D" of this document. e 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 nonnal installation charge. 7.20. Identification of Company Personnel. e All service personnel of Company, including contractors and subcontractors, whose nonnal 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 . 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. e 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 Company of five hundred (500) subscribers located in the City, or three (3) months following activation ofthe Company's first subscriber located in the City, whichever shall first occur, the City may require Company to provide the following additional reports: e . 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 Report. 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 Pertainin2 to Service-Related Reports. e The City, reserves the right to audit Company or any Affiliate of 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 Dama2es 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. 2.&L.3.. Third non-compliance within six (6) consecutive calendar quarters and (subject to Section 21.4) each subsequent non-compliance: $3.00 per subscriber 9.2. 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: rfCompany 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 "A" 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 determining 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 harm 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 determining 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. e 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. 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 NollOO Dollars Page 31 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 the 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 Channel. 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 C" and incorporated herein. 11.2. Frequency of Rate Increases. Company will not increase or file any form 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, affirmed on appeal if an appeal is taken, determines that a rate order of the City, as a franchise authority, is automatically stayed Page 32 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · by the filing of an appeal by Company to the FCC, Company will implement each rate 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 violation 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 Liability. e The City shall not at any time be liable 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. e Company hereby undertakes and assumes, for and on behalf of Company, its officers, agents, contractors, subcontractors, agents and employees, all risk of dangerous Page 33 Exhibit "An Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · conditions, if any, on or about any City-owned or -controlled property, including, but not limited to, the Public Rights-of-Way. In addition, Company hereby agrees to and shall indemnify and hold harmless any Indemnitee a~ainst 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 Indemnitees 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 Liability: $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. Page 34 Exhibit "An Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · e e 13.2. Excess Liability Insurance Umbrella. $10,000,000, including Primary Coverage, f~r 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 trom 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, termination, 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 terms 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 insura,nce 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 Page 35 Exhibit "An Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks I. System or the provision of Cable Services within the City unless the City provides advance written consent, not to be unreasonably withheld or delayed. 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 foOll requested by the City and shall submit or cause to be submitted to the City all such documents and infoOllation 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. e The occurrence at any time during the teOll of this Franchise of one or more of the following events shall constitute an "Event of Default" under this Franchise: 15.1. Failure to Pay 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 teOlls, covenants, representations or warranties set forth in this Franchise (including any exhibits thereto) or fails to perfoOll any obligation required by this Franchise. e 15.4. Bankruptcy. Insolvency or Receivership. Page 36 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks , , í. 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 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, custodian 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 Page 37 Exhibit "An Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · e e 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 tennination. Company shall remove the System from the City as and when requested by the City. The City's right to tenninate 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 tenninate this Franchise for other reasons as provided 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 perfonnance 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 tenns and conditions of this Franchise throughout the entire tenn 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 perfonned by Company in the City, and to Page 38 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · e e make any inspections that the City reasonably finds necessary to ensure compliance with the tenns of this Franchise and applicable laws, ordinances, rules and regulations. 18. PROVISION OF INFORMATION. 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 D.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, Page 39 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · e e . 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. 20. NOTICES. Notices required pursuant to the provisions of this Franchise shall be conclusively detennined 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 ITom 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 perfonnance of any tenn 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 perfonnance or to assert any such right on any future occasion. Page 40 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · e e , . 23. GOVERNING LAW AND VENUE. 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 tenns of this Franchise, Company's provision of Cable Services or Company's use of the Public Rights-of-Way, venue for such action shall lie 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- Way. 25. SEVERABILITY. 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 impaired. 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 perfonnance of any of the tenns, 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-perfonnance 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. Page 41 Exhibit "A" Cable Franchise with Lamont Digital Systems Inc. dba GateHouse Networks · , . 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 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 unless agreed to in writing by both parties and approved by the City Council ofthe 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 I . . "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 . - . , . J a 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 . - . 4: \1.i1;" "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 Unwired Home 1st TV Set Previously Unwired Home additional TV sets at same time Additional TV Sets requiring new truck roll Previously Wired Home 1 st TV Set Previously Wired 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 $30.00 $25.00 $25.00 $2.90 $40.00 .. ~,~.. . 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 nonnal installation charge and monthly rate under the following tenns 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 eventthat 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 fonnula. 1) Total Cost to Construct Extension* = Miles of Extension 2) Total Cost Per Mile of Extension = 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, pole make-ready charges, labor and the cost of the house drops. Gatehouse does not assess any additional cost for service drops of 150 feet or less. For drops greater than 150 feet, the subscriber must pay for the additional feet on a cost-pIus-labor basis. . Page 1 Exhibit "D" Cable Franchise Agreement with Lamont Digital Systems, Inc. dba GateHouse Networks . . e Announcements and Information November 261 2001 Announcements Join us for a Night of Holiday Magic on Monday, December 3rd. We will light our new Christmas tree, which is the largest in Northeast Tarrant County!! There will be music from Trout Fishing in America, pictures with Santa, a petting zoo, decorating Christmas cookies and ornaments, and much more! The event begins at 6:30 p.m. It will be located at the Mid Cities Municipal Complex, located at Mid Cities Blvd. and Technol Drive. The NRH Beautification Commission is accepting nominations for the annual Christmas Lighting Contest. Lighting must be completed and activated by dark on Sunday, December 9th for judging. Certificates will be presented to the winners at the Monday, December 10th City Council meeting. To place a nomination, call 817-427- 6651. 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. The Library's Children's Department will have its annual Christmas ornament making days on Tuesday, November 27th and Wednesday, November 28th, from 3:30- 4:30 p.m. Come help us decorate ornaments and make paper chains for our Christmas tree. Call 817-427-6818 for information. Information December 1 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. 817 -427 -6570 December 1 Elves Workshop Recreation Center Registration required. 3-6 years at 10:00 a.m. 6-12 years at 1 :00 p.m. 817 -427 -6600