HomeMy WebLinkAboutCC 1999-01-11 Agendas
ç.
\.
CITY OF NORTH RICHLAND HILLS
PRE-COUNCIL AGENDA
JANUARY 11,1999 - 5:50 P.M.
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 January 11, 1999
Agenda (5 Minutes)
2. I R 99-003 Display of Various Building Materials for Town
Center District (10 Minutes)
3. IR 99-002 Discussion of Draft Agreement to Participate in
Funding Trinity Railway Express Operation (10
Minutes)
4. I R 99-005 B.I.S.D. Scoreboard Proposal 10 Minutes)
5. Other Informational Items (5 Minutes)
6. *Executive Session (20 Minutes) - The Council
may enter into closed executive session to
discuss the following:
A. Pending Litigation Under Government Cbcte: F"0$TED -'''-~
§551.071 -- Wreckers Jtl¥\u~ 8,IQé1 c:¡
B. Personnel Matters Under Government Code Dat('
§551.074 - Council Appointed Positions \6~Ó() &...w1
-~'-""'--:¡':r::" :;-..._-~-_..~-~~~-
-,
7. Adjournment - 6:50 p.m. .:-, ,:~~ C ",'.. '~?:(' ;
ú--L« ~ tJ.. 6. - ~
By____ -
-.-.,,--.-- ._----_.~.,-_.- ~-.._'...- .
"
*Closed due to subject matter as provided by the Open Meetings Law. If any action is
contemplated, it.will be taken in open session.
.
·
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
JANUARY 11,1999 -7:00 P.M.
For the Regular Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301
Northeast Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion
and/or action.
1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for
separate discussion.
2. The Council reserves the right to retire into executive session concerning any of the items
listed on this Agenda, whenever it is considered necessary and legally justified under the Open
Meetings Act.
3. Persons with disabilities who plan to attend this meeting and who may need assistance should
contact the City Secretary's office at 581-5502 two working days prior to the meeting so that
appropriate arrangements can be made.
·
NUMBER ITEM ACTION TAKEN
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Removal of Item(s) from the Consent
Agenda
·
·
NUMBER ITEM ACTION TAKEN
5. Approval of Consent Agenda Items
a.) Minutes of the City Council Work
Session October 13, 1998
b.) Minutes of the City Council Work
Session October 20, 1998
c.) Minutes of the City Council Work
Session November 17, 1998
d.) Minutes of the Pre-Council Meeting
December 14, 1998
e.) Minutes of the City Council Meeting
December 14, 1998
GN 99-06 f.) Consider Extension of Moratorium on
Permits for Electronic Message Board
Signs-Ordinance No. 2349
PU 99-01 g.) Award Bid for Tree Planting at Various
Parks to Lone Oak Landscape in the
Amount of $39,255 - Resolution No.
99-01
PU 99-02 h.) Award Bid for Annual Uniform
Cleaning Contract to Dove Cleaners
Resolution No. 99-02
PU 99-03 i.) Renew Lease Agreement with North
Hills Mall for Critter Connection -
Resolution No. 99-03
6. GN 99-03 Maintenance Fees for Athletic Field
Maintenance At Walker's Creek Park and
Fossil Creek Park - Presented by Park
and Recreation Board
Page 2
·
·
'"
.
NUMBER ITEM ACTION TAKEN
7. PZ 98-40 Public Hearing to Consider the Request of
Bill Gietema of Arcadia Realty Group for a
Change of Zoning from 11 Industrial, C1-
Commercial, 12-lndustrial & R7-Multi-
Family to Town Center District on
Approximately 280 Acres in the C. Walker
Surveys, A-1652 & 1653, T.K. Martin,
Survey, A-1055 and the J. Barlough
Survey, A-130 - Ordinance No. 2360
8. PZ 98-51 Public Hearing to Consider Amending the
Masonry Building Requirement-
Ordinance No. 2355
9. PZ 98-52 Public Hearing to Consider Amending the
Front Yard Fence Regulations-
Ordinance No. 2356
10. PZ 98-54 Public Hearing to Consider Amending the
Table of Permitted Uses Regarding
Assisted Living Facilities - Ordinance
No. 2357
11. PZ 98-58 Public Hearing to Consider the Request of
Ken Taylor/NWA Southwest Wrestling for
a Special Use Permit to Allow an Indoor
Wresting Arena on Lot 3, Block 1,
Richland Terrace Addition (Located at
7601 Grapevine Highway) - Ordinance
No. 2352
12. PS 98-58 Consideration of Amending the
Subdivision Regulations Regarding the
Naming of Lots and Blocks - Ordinance
No. 2354
13. GN 99-04 Policy Position on State Transportation
Funding and Safety - Resolution
No. 99-04
Page 3
.
e
,. .
Page 4
.1 NUMBER I ITEM I ACTION TAKEN I
14. (a) Citizens Presentation
(b) I nformation and Reports
15. Adjournment
.
~~-.--- POSTED ---~
JttM~ e, I c¡ c::¡'C}
Dat~
l (y. 60 ~
Time
e City Secretary
~L'~ ) ~
By
.
e
-
-
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 99-003
January 11 , 1999
. ~ Date:
~_~~k__>
--"y-
- . Subject: Display of Building Materials
For several months building material types have generated significant discussion, especially
as it relates to the material quality and to a lesser degree, aesthetics. Recently, the Planning
& Zoning Commission approved a masonry definition that only allows brick, rock or stone for
residential construction. Any other type material must have P&Z and City Council approval
through a site plan approval process. This recent action on masonry definitions will be
before Council on Monday, January 11, 1999. Also, the Town Center zoning district that was
recently approved allows other building material types such as; clapboard, hardiplank,
stucco, etc. An application for a Town Center zoning district will also be before the City
Council at this meeting.
There has also been discussion on these various building material types regarding the
quality of the product, lifespan, appearance, durability, etc. At the pre-session there will be
samples of the different building types for council's information, which may assist in clarifying
some of these concerns.
Respectfully submitted,
~
Steve Norwood, Acting Director
Planning & Inspection Services
_ ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
.... IR 99-002
I~O.
IN FORMAL REPORT TO MAYOR AN D CITY COUNCIL
.
~ Date:
T Subject:
.
Monday, January 11, 1999
Discussion of Draft Agreement to Participate
In Funding Trinity Railway Express Operation
The North Central Texas Council of Governments (NCTCOG) Transportation Department
staff has forwarded the attached packet with a draft Interlocal Agreement to fund operating
costs of the future Trinity Railway Express (TRE) commuter rail service along the Rock
Island Railroad. NCTCOG officials ask that each of the affected Cities review this
information and provide feedback later this month.
TRE is presently providing commuter rail service from Irving to Dallas (see attached
article). Extension of TRE service through Arlington, east Fort Worth, Richland Hills, and
Haltom City to Downtown Fort Worth is scheduled to begin in 2001. The extension will
bring with it an additional $775,000 per annum in operating costs outside the Dallas Area
Rapid Transit (DART) and Fort Worth Transportation Authority ("the T") service areas.
The highlights of the proposed agreement include that:
1)
2)
3)
The agreement will be between NCTCOG's Regional Transportation Council (RTC)
and the participating Cities-as you requested early last year.
The contract will extend over five years (FY 1999 to FY 2003 )---and can be renewed
by written agreement.
NCTCOG's proposed "Mid-Cities Operating Cost Allocation" establishes an initial
$55,000 per year cost (or 1.1 % share) for North Richland Hills. This annual cost is
be based on the estimated pro rata ridership from and economic development
impact to NRH. NCTCOG will conduct an annual audit to adjust each City's
allocation for the following fiscal year.
The City will not incur operating costs for the first two years; annual costs will begin
in FY 2001, allowing us time to incorporate them into our annual Budget. .
While DART and the T will have authority to determine service level as the official
operating agencies of the TRE, the initial level of service shall be at least four (4)
trains in both the AM and PM peak ridership periods-Monday through Friday.
4)
5)
You'll also note in the "Partnership Principles for Mid-Cities Participation in TRE Operation"
that there would be no capital costs collected from North Richland Hills and the other eight
Cities for construction.
I look forward to discussing this matter with you on Monday night. Mayor Charles Scoma
and Mayor Pro Tern Don Phifer will carry your comments back to NCTCOG as members
of the RTC Trinity Railway Express Monitoring Subcommittee.
.
I 1e;:ctfuIlY s~Z:ed'
d
Director of Economic Development
_ ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
.
.
.
North Central Texas Council Of Governments
TO: Members and Interested Parties of the
Regional Transportation Council
Trinity Railway Express Monitoring Subcommittee
DATE: December 2, 1998
FROM: Julie KP. Dunbar, P.E.
Principal Transportation Engineer
SUBJECT: Transmittal of Draft Agreement
As was discussed at the last meeting, staff has taken the Partnership Principles that were
presented at that time and included them in a draft Inter10cal Agreement. A copy of the
Partnership Principles from the November 5 meeting (see Attachment 1) and a copy of the
Inter10cal Cooperative Agreement (see Attachment 2) are included in this transmittal. Please
review these materials and use them for discussing the cost participation strategy with your
respective staffs and City Councils.
We will contact you in January to schedule the next Subcommittee meeting. Hopefully you will
have had an opportunity to get additional feedback on the proposal from your respective cities.
Please do not hesitate to call either Michael or me if you have any questions about the draft
agreement or if we can be of additional assistance as you attempt to outline the proposal for
other leaders in your city.
JD:kdc
Attachments
~ .
lL lALI~
J I·KP.D~~
cc: 1998-99 UPWP Element 4.01 Project File
616 Six Flags Drive. Centerpoint Two
P. O. Box 5888. Arlington, Texas 76005-5888
(817) 640-3300 FAX: 817·640·7806 0recyc/ed paper
;J;
..
.
.
.
ATTACHMENT 1
PARTNERSHIP PRINCIPLES FOR
MID-CITIES PARTICIPATION IN
TRINITY RAILWAY EXPRESS OPERATION
DRAFT
Memorandum of Understanding Between Nine (9) Cities and
The Regional Transportation Council
FY 1999 - FY 2003
Subcommittee Role
1. The Regional Transportation Council Trinity Railway Express (TRE) Monitoring
Subcommittee was appointed by the Regional Transportation Council and will meet on
an as needed basis to monitor policy issues related to the TRE service and the
collection of operating funds for the service.
Agreements
2. This agreement will be between the participating cities and the Regional
Transportation Council.
3. The Regional Transportation Council will enter into a companion agreement with the
Fort Worth Transportation Authority (FWTA) and Dallas Area Rapid Transit (DART),
and will include language that will transfer the accumulated operating funds to them.
4. FWT A and DART will present service changes to the Trinity Railway Express
Monitoring Subcommittee for comment before implementation.
5. This agreement will begin in FY 1999 and continue through FY 2003, a period of five
years, and may be renewed by written agreement.
Costs
6. There will be no capital costs collected from the nine cities for rail construction.
7. There will be no operating funds collected from the Mid-Cities for the first two years of
the agreement, FY 1999 and FY 2000.
8. Starting:í '=Y 2001 and continuing for the duration of this agreement, the participating
Mid-Cities agree to pay a fixed amount of $775,000 annually to provide operating
funds for the service.
9. FY 2001 funds will be prorated based on the opening day of service (e.g. If service
begins in November 2000, then cities will only pay $710,417 that year).
10. The initial city allocation of costs will be based on the boarding and alighting ridership
data, as shown in Attachment 1.
11. NCTCOG will conduct an annual audit of the boardings and alightings of the service, to
be used to adjust the city allocation for that year and to use the audit as a starting
allocation for the next fiscal year.
Further Study as Directed by Mobility 2020
12. A feasibility study for double tracking the TRE service between Dallas and Fort Worth
will be completed as soon as possible. Frequent off-peak service and service
extensions into the Dorothy Spur and Burlington Northern corridors are contingent
upon this capacity.
.
.
.
13. A preliminary feasibility report of the use of the Union Pacific Corridor for Special Event
Service will be completed by the end of the third year (FY 2001) of the agreement
cycle. If feasible, service would be implemented as soon as possible after that date.
14. A feasibility study of the development of commuter rail service along the Dorothy Spur
will be completed by the end of the fourth year (FY 2002) of the agreement cycle.
Operations and Maintenance
. 15. As the official operating agencies for the TRE, the transit authorities shall determine
the service levels. The initial level of service shall be at least four trains eastbound
and four trains westbound in both the AM and PM peak ridership periods, Monday
through Friday.
16. Any changes or additions to the service schedules may be requested by the
Subcommittee at any time, but is especially encouraged during the formation of the
annual TRE budget.
17. Any suggested service change that is not adopted by the Transit Authorities or falls
outside the budget, may be funded separately by the Subcommittee, provided the
necessary equipment, facilities and crews are available.
.
.
..
J:
.. I-
en n:: ::
eno~
W>(1)
~>E
a. I- g-
><n::ã»
WO~
)-L1.C
c( 0 .~
~I-~
..J In c:
- \J 0
c(zo
~_w
LI.. > ::
~~g
ZJ:~
~~O
1-0
en
ATTACHMENT 1
....
c:
o
;;
ns
CJ
o
0 0 0 0 0 0 0 0 0 0
+J 0 0 0 0 0 0 0 0 0 0
tn 0 0 q 0 q q 0 q °A q
0 A A A A
0 It) It) 0 0 It) 0 It) It) It)
0 ~ en N N CD N ~ ~ It) .....
~ ~ ~ ~ .....
.,.
.,.
CD
Q
+JJ! ~ ~ ~ ~ ~ ~ ~ ~ ~
tnc 0 0 0 0 0 0 0 0 0
OCD co en It) ~ N It) N en ~
. . . . . . . .
OCJ N ~ 0 N M 0 0 N ~
..
CD
Q.
tn
-
-
.-
::I:
"C
Q) C
.¡: ~ co
-
Q) .- .c
[! CD
C - C 0 CJ
-
0 "C .- n. .- .-
+J ... > tn > E a::
c::n -E ~ en "C CD +J .c
c CD c c.O ~
"C - CD ~
.- - - ftS ftS~
-
.. CD 0 ~ .... .... ftS ::s 0
c( m 0 w C) C)::I: ::I: Z
-
-
c(
....
tn
o
o
C)
c:
;;
ns
L.
C1)
C.
o
tn
C1)
~~
o
I
"C
.-
::E
",
"C
c:
:;,
....
ftJ
:;,
E
...
.2
~
LL
ftJ
-
ftJ
...
o
...
c.
o
c:
"C
c:
ftJ
",
ftJ
.-
.Q
-
ëã
...
o
z
....
..
.
.
.
DRAFT
A TT ACHMENT 2
INTERLOCAL COOPERATIVE AGREEMENT
Between
THE REGIONAL TRANSPORTATION COUNCIL
and
THE CITY OF
DEVELOPMENT AND OPERATION OF COMMUTER RAIL SERVICE
WHEREAS, the North Central Texas Council of Governments and the Regional Transportation
Council have actively worked to implement commuter rail service in the area and facilitate the
contribution by cities not members of a Transit Authority to the operational costs of commuter
rail services; and
WHEREAS, the Regional Transportation Council Trinity Railway Express (TRE) Monitoring
Subcommittee was appointed by the RTC to meet on an as needed bases to monitor policy
issues related to the TRE service and the collection of operating funds for the service; and
WHEREAS, it would be beneficial to the citizens of the City of to have access
to commuter rail service connecting the Cities of Dallas and Fort Worth with each other and with
Dallas/Fort Worth International Airport to relieve traffic congestion, provide transportation
opportunities, and aid in attaining federal air quality standards; and
WHEREAS, pursuant to the Interlocal Cooperation Act, Article 4413{32c), Texas Revised Civil
Statutes, Dallas Area Rapid Transit (hereinafter referred to as "DARr') and the Fort Worth
Transportation Authority (hereinafter referred to as "The r'), both metropolitan transportation
authorities created and existing pursuant to Article 1118y, Texas Revised Civil Statutes
(hereinafter referred to jointly as the "Transit Authorities"), may exercise jointly the power to
provide governmental services for the public health, safety, and welfare; and
WHEREAS, pursuant to Article 1182K, Texas Revised Civil Statutes, all railroad-related
activities by public agencies, separately or jointly exercised, are public and governmental
functions for the public purpose and necessity; and
WHEREAS, the Transit Authorities have entered into an Interlocal Cooperative Agreement to
define their respective rights and responsibilities regarding the provision of commuter rail
service along the RAIL TRAN Corridor and have begun commuter rail service as Trinity Railway
Express.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained
herein, the parties agree as follows:
Article I. DEFINITIONS:
1. "Commuter Rail Service" means operating passenger trains for commuters by, or under
the control of, the Transit Authorities.
2.
"Capital improvement" means any addition to the asset base of either Transit Authority
(1) for the sole benefit of and utilization by the Commuter Rail Service, or
-
.
.
-.
2.2
(2) representing the proportionate share of joint facilities benefiting, or utilized on behalf
of, Commuter Rail Service.
3.
"Maintenance of way" means the labor, material, tools, and equipment required to
maintain all aspects of the railroad tracks, structures, signals, and communications. It
does not include the activities required to maintain the RAIL TRAN Corridor outside the
limits of the ballast section of the tracks used by commuter or passenger rail service.
4.
"Boards" means the Board of Directors of DART and the Executive Committee of the T.
5.
"Best efforts" means one party's use of all reasonable exertions to fulfill the obligations of
that party under this Agreement. It does not mean an obligation to attempt to fulfill the
obligations of any other party.
6.
"Capital costs" means the costs to plan, engineer, design, purchase, and construct the
facilities, equipment, and systems for the Commuter Rail Service that may be
depreciated in accordance with standards set by the Federal Accounting Standards
Board.
Article II. ORGANIZATIONAL RELATIONSHIPS:
2.1
North Central Texas Council of Governments and Reaional Transportation Council:
The North Central Texas Council of Govemments (hereinafter referred to as "NCTCOG")
is the metropolitan planning organization for the 16-county North Central Texas region
including Dallas, Fort Worth, and the City of . The Regional
Transportation Council (RTC) was created by NCTCOG to research, study, plan, and
advise on projects and methods to address the region's transportation congestion
problems.
Trinity Railway Express Monitorina Subcommittee:
The Trinity Railway Express Monitoring Subcommittee (TREMS) was created by the
RTC to monh"r and advise on the provision of commuter rail services by TRE between
the cities of Dallas and Fort Worth.
Article III. POLICY:
3.1 General:
All policies for the Service shall be adopted by the Boards of the Transit Authorities, and
those contracts reserved by statute for award by the Boards remain with the Boards.
These include, but are not limited to, budget approval, service levels, service extensions,
procurement, and fares. The budget for the Service and spending authorizations will be
as provided annually by the Boards.
.
.
.
3.2 Companion Aareement:
The Regional Transportation Council will enter into a companion agreement with the Fort
Worth Transportation Authority and the Dallas Area Rapid Transit to disburse the funds
collected from the City of
Article IV. CAPITAL COSTS:
4.1 . Capital Costs of Fixed Facilities and Equipment:
The Transit Authorities shall separately contribute the capital for, and own the passenger
stations in their respective counties, including equipment and fixtures, fare collection
equipment, DART's rail diesel cars, and the T's locomotives and bi-/evel cars which are
the specific properties of the Transit Authorities. All other assets will be funded jointly in
accordance with a plan developed by the Commuter Rail Monitoring Committee and
approved by the Boards. Once purchased, ownership shall be based upon the
proportion of capital provided.
4.2 The Trinity Railway Express Monitoring Subcommittee may review and comment upon
the planning and design of all line improvements to and on the RAIL TRAN Corridor. A
representative from the TREMS shall be appointed to the Commuter Rail Monitoring
Committee.
4.3 If or Trinity Railway Express Monitoring Subcommittee requests
additional improvements not accepted by the Transit Authorities, the or
TREMS may individually fund such improvements.
Article V. OPERATIONS AND MAINTENANCE:
5.1 Service Schedules:
Service levels shall be detennined by the Transit Authorities. Pursuant to this
Agreement, service on Monday through Friday shall be at least four trains eastbound
and four trains westbound in both the AM and PM peak ridership periods.
5.2 Service Qualitv:
The Transit Authorities shall develop and establish the procedures to implement and
ensure that the highest possible quality of service, consistent with the budget is
provided.
5.3 or the Trinity Railway Express Monitoring Subcommittee may suggest or
request changes or additions to the service schedules at any time, but is especially
encouraged during the fonnation of the annual TRE budget. Any suggested or
recommended service not adopted by the Transit Authorities may be separately funded
by TREMS, provided equipment, facilities, and crews are available.
·
·
·
Article VI. COST SHARING FOR CONTINUING OPERATIONS:
6.1 General:
The parties recognize that the commuter rail service contemplated under this Agreement
will create on-going costs for operation of the service and maintenance of the assets
used ir: its provision, as well as other recurring expenses. Such costs include the
Commuter Rail Director, Commuter Rail Service Operator, maintenance of way costs
and capital assessments, dispatching costs, insurance, security on trains, administrative
costs, and revenue collection.
6.2 There will be no operating funds collected from the City of until the
TRE extension to Fort Worth is operational, anticipated to take place in September 2000.
6.3 Starting in the first fiscal year of operation and continuing for the duration of this
agreement, the cities participating in this cost sharing process agree to pay a fixed
amount of $775,000 annually to provide the operating funds outlined above.
6.4 The initial city allocation of costs will be based on the allocation shown in Attachment 1.
6.5 The funds in the first fiscal year of operation will be prorated based on the opening day of
service.
6.6 NCTCOG will conduct an annual audit of the boardings and alighting::» of the service, to
be used to adjust the city allocation for that year and to use the audit as a starting
allocation for the next fiscal year.
6.7 The parties agree that the City of will contribute their share of the costs,
as outlined in Attachment 1 for FY 2001, and as revised from the afore outlined annual
audit, for FY 2002 and 2003.
Article VII. FURTHER STUDY
7.1 A feasibility study for double tracking the TRE service between Dallas and Fort Worth
will be completed as soon as possible. Frequent off-peak service and service
extensions into the Dorothy Spur and Burlington Northern corridors are contingent upon
this capacity.
7.2 A preliminary feasibility report of the use of the Union Pacific Corridor for Special Event
Service will be completed by the end of the third year (FY 2001) of the agreement cycle.
If feasible, service would be implemented as soon as possible after that date.
7.3 A feasibility study of the development of commuter rail service along the Dorothy Spur
will be completed by the end of the fourth year (FY 2002) of the agreement cycle.
.
.
.
Article VIII. TERM AND TERMINATION:
8.1 Effective Date:
The effective date of this Agreement shall be the date on which it is executed by both
Transit Authorities.
8.2 Tenn:
This Agreement shall be in effect until September 30, 2003, and may be renewed by
written agreement of the parties.
8.3 Mutual Tennination:
The parties may tenninate this Agreement by mutual agreement at any time.
Article IX. MISCELLANEOUS PROVISIONS:
9.1
Force Maieure:
It is expressly understood and agreed by the parties to this Agreement that, if the
perfonnance of any provision of this Agreement is delayed by reason of war, civil
commotion, act of God, governmental restrictions, regulations or interferences, fire or
other casualty, court injunction, or any circumstances which are reasonable beyond the
control of the party obligated or pennitted under the tenns of this Agreement to do or
perfonn the same, regardless of whether any such circumstance is similar to any of
those enumerated herein, the party so obligated or pennitted shall be excused from
doing or perfonning the same during such period of delay, so that the period of time
applicable to such requirement shall be extended for a period of time equal to the period
of time such party was delayed.
9.2
Contractual Relationship:
It is specifically understood and agreed that the relationship described in this Agreement
between the parties is contractual in nature and is not to be construed to create a
partnership or joint venture or agency relationship between the parties. Nor shall any
party be liable for any debts incurred by the other party in the conduct of such other
party's business or functions.
9.3 Counterparts:
This Agreement may be executed in multiple counterparts. Each such counterpart shall
be deemed an original of this Agreement, so that in making proof of this Agreement, it
shall only be necessary to produce or account for one such counterpart.
9.4
Complete Aareement:
This Agreement embodies all of the agreements of the parties relating to its subject
matter, supersedes all prior understandings and agreements regarding such subject
.
.
.
9.8
matter, and may be amended, modified, or supplemented only by an instrument or
instruments in writing executed by all of the parties.
9.5
Captions:
The captions, headings, and arrangements used in this Agreement are for convenience
only and shall not in any way affect, limit, amplify, or modify its tenns and provisions.
9.6 Governinc Law and Venue:
This Agreement and all agreements entered into in connection with the transactions
contemplated by this Agreement are, and will be, executed and delivered, and are
intended to be perfonned in the County of Dallas and the County of Tarrant, State of
Texas, and the laws of Texas shall govern the validity, construction, enforcement, and
interpretation of this Agreement. In the event of litigation between the parties hereto,
their successors or assigns, with regard to this Agreement and any subsequent
supplementary agreements or amendments, venue shall lie exclusively in either Tarrant
County or Dallas County, Texas.
9.7
Severability:
In the event anyone or more of the provisions contained in this Agreement shall be for
any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision(s) hereof, anå this
Agreement shall be revised so as to cure such invalid, illegal, or unenforceable
provision(s) to carry out as near as possible the original intent of the parties.
Chanced Circumstances:
If future federal, state, or local statute, ordinance, regulation, rule, or action render this
Agreement, in whole or in part, illegal, invalid, unenforceable, or impractical, the parties
agree to delete and/or to modify such portions of the Agreement as are necessary to
render it valid, enforceable, and/or practical.
Each section, paragraph, or provision of this Agreement shall be considered severable,
and if, for any reason, any section, paragraph, or provision herein is detennined to be
invalid under current or future law, regulation, or rule, such invalidity shall not impair the
operation of or otherwise affect the valid portions of this instrument.
9.9 Enforcement:
If any party initiates an action to enforce any provision of this Agreement or for damages
by reason of an alleged breach of any provision hereof, the prevailing party shall be
entitled to receive from the other parties all reasonable and necessary costs and
expenses, including reasonable attorneys' fees and costs incurred in connection with
such action.
9.10 Survival:
All of the tenns, conditions, warranties, and representations contained in this Agreement
shall survive, in accordance with their tenns, and shall survive the execution hereof.
.
9.11 Incorcoration of Exhibits and Schedules:
All Exhibits and Schedules attached hereto are by this reference incorporated herein and
made a part hereof for all purposes as if fully set forth herein.
9.12 Reference:
The use of the words "hereof," "herein," "hereunder," and words of similar import shall
refer to this entire Agreement, and not to any particular section, subsection, clause, or
paragraph of this Agreement, unless the context clearly indicates otherwise.
9.13 Further Assurances:
Each party agrees to perform any further acts and to sign and deliver any further
documents which may be reasonably necessary to carry out the provision of this
Agreement.
9.14 Notice:
Whenever this Agreement requires or permits any consent, approval, notice, request,
proposal, or demand from one party to another, the content, approval, notice, request,
proposal, or demand must be in writing to be effective and shall be delivered to the party
intended to receive it at the addressees) shown below:
.
If to TREMS:
Trinity Railway Express Monitoring Subcommittee
Regional Transportation Council
c/o North Central Texas Council of Govemments
Attn: Michael Morris, P.E.
P.O. Box 5888
Arlington, Texas 76005-5888
If to the City of
.
.
.
.
J:
.. I-
U'J 0:: ::
U'Jot:
W>CÞ
n::>E
a. I- g.
><a:=Gi
WO~
>LLC
<C 0 .~
3:1-5
..J 1ft C
-'-'0
<CZCJ
~_w
LL>::
~g;g
zJ:~
~~o
1-0
U'J
A TT ACHMENT 1
-c
o
+:i
CU
CJ
o
-
-
«
....
In
o
o
C)
C
+:i
CU
....
eu
C-
O
In
eu
+:i
.-
0 0 0 0 0 0 0 0 0 0
.... 0 0 0 0 0 0 0 0 0 0
en C!. C!. 0 0 C!. C!. C!. C!. 0 0
0 - - - -
0 It) It) 0 0 It) 0 It) It) It)
0 'IIIIt en N N CD N ~ 'IIIIt It) .....
~ ~ ~ ~ .....
~
~
Q)
Q
....,f! ~ ~ ~ ~ ~ ~ ~ ~ ~
enC 0 0 0 0 0 0 0 0 0
OQ) CO en It) ~ N ~ N en ~
. . . . . . .
Ou N ~ 0 N M 0 0 N ~
~
Q)
Q.
U)
-
-
.-
J:
-C
Q) c:
.¡: ~ CU
-
Q) .- .c
t! Q) .-
c: - .= 0 to)
-
0 "E .- n.. ,-
.... > U) > E a::
en J2 ~ U) -C Q) .... .c
c Q) Q) c: c.O ~ t:=
.- -C - CU CU ::
- - -
L. Q) 0 ~ '- '- CU ~ 0
< m 0 w C) C) J: J: Z
o
I
1::J
.-
~
II)
"
C
~
....
.!!
~
E
...
.2
~
u..
tV
'tá
...
o
...
c.
o
c:
"
c:
tV
II)
tV
:c
-
'E
o
z
-
.
.
.
Fort Worth
SArURDAY. DECEMBER 5. 1998
Star:relegram
Success pushes Trinity Express to add Saturday service
Swr.T.~
. Demethra Stoglin. holding her 2-year-old son. Dario Cervantes. rides Trinity Railway Express from Dallas 10 Irving, where she works. .
New service
-"-;'. I: !
,¿-.,: I ~
¡Irving ~ /" '''---'1- -
1-=-@~==4I~\"\ ::~::u
mil I "",\ ~r I
~-...:-o' "
I S_InI.. ''1:-- -..,,,¡, Ii
I TnoIlSllCllllr!' , ,.~': /I
, Trinity Railway Unl.. . II
Express will /jÖI~~, Stl!!.., ,"
~ I!
, begin Saturday IjšË\ .
, service between Dallas ~
Irving and down ~
town Dallas.
." ~20 --,
-----~-~;.:
~.
" Mlppld
. '1111
. .\(::::+~.
"'-'-'@"-m
.- ~ ,_.' -" -.-
': --. JO' ..-..- - -
~:. ,r;;: u :~~I!
S'.""'- T..I<!'Itrarnll'l)( In:OU.JN
Hopping aboard
Irving-Dallas train has doubled
ridership in the past year.
By G. CIIAMBERS WILLIAMS III
Stu-Telclralft SLatf Writer
Forget about trying to find a par~ing
space in Dallas for a Saturday holiday ,shop-
ping lrip or an evening in Ibe West End -
park for free in Irving and take Ibe JraÏn.
That's what officials of Ibe Trinily Rail-
way Express recommend as the commuter
rail line begins Saturday service today
between Ibe Soulb Irving Transit Center and
Union Station in Dallas.
Best of all, the Saturday service is (ree
Ibis monlb.
Trains will begin running at 8:0S a.m. Sat-
urdays from Ibe Soulb Irving station, which
is at O'Connor Road and Rode [Sland Street.
The last train will depart Union Station at
12:35 a.m. Sunday, The trains will run
hourly in each direction.
"We're running it that late so people can
enjoy the evening at Ibe West End or other
nightspots and stiU take the train back to Irving,"
said Bonnie Duhr. manager of the commuter r:ill
sysJem own.:d by Pott Worth and Dallas.
Mun: on EXPRESS on P:I¡¡c nA)
.
~ ~CI ..., ;:
t ~f!~ ~~J!!t~
j!~ f~i "~B B=!
l~!æ!s~l¡il!
.
~ >, CI) U : ~ U ~ -d CI).c:: .
~ ~ ="0 VJ J::¡ .- = t: §
- "'0 :.a 'C ~ = = ~.~ ~
>, ~ . = 0 ~ 'S: 0 .... -= ? ("I
cG 0 c.":S .... ...... ~ -: ..c::; ~
"0 0 ü; CI)'" U ~ ::I.s 1::0 :¡a
... -'- V ... ""::I ....
'" -: -::I'::: VJ .- VJ ~ 0 t:t:. =
U <':I 0 0 ~ ~ '" èðCl) =.-
õ...= = ~ CO ~ 0.5 ~ ~.Ë-
00 "'...= ~"'i><=I_"'"
...~ U J::¡ = ~u .5:! §... -= = ~.,g
0.'" u::.. VJ=u...
iIí 0 u'" VJ . ("I U._ U 0 g
iii g"':d.o"O ~:g CI) ~"O ~"O"O
IM"'CüVJ=u",= "'t)"Ou
~ U <n '" ~ > ""c"O 0.0 ="3
_.0 u.c:: VJ ~ '" o.~ CI::: U "'"0
u ...6.c::...~~-8<n=",v=~
... ::I U ~ - ... OS...·- 0-
~ 0 V ~ = V '" ~ ~ B ~'.::I V
!J. .oUo g:a- ><"'uS:
.:s '" 0 = <n _ :Q U ~ CI) <n._
'"
é ,.![ ¡:¡.!. -0 ~..é: ~ CI) 8 ~-o 6
U 0. ~ ~·c U '" -S .5.- "'.- 0
~o 0.>,6~2 St::ge;: -=
Q ~ &3 '" e ¡g >, ="0 ~ ·6- := "'0
"E ,","'a ~.o ~... ë ~
.5 ~ Þ·3 ~ ="9 oj - "'.c:: ::I '"
o ê"'·· -H::I.c::CO !U
. () 0 . CI) ij 0 0.::: CIc'" ::I '" -
__ c:...; ::IJ:o>o",oco V
~ "u·C"E-o~hClc......=.¿.5
. ~ go ~ oS ~.¿ '" '" 0 ~ oS '5'Cü '"
, ... "0 ....·a 0. ¡¡ '" >'"0 > : ~
ã~ ."O"Oo<n.o-uoUOu CIc
CI) "':0 æ '" ~ ~ 0 Ë 6 ~] U i. .=
.8 IÔ ~ F- sa ª·ã ~ 6 8 : ",.s ~ "E
~ 0\. '" ~"O SJ ~ U 0 ~ r.Q ~ _ :Q ~
U 0\ ~ .JIA CJ.iS'" = v.... '" U'- ' ~ "'0
... - ........"0 0 CI) CJ CIc ... ....
CIc... ~o'ü 8 i:i.r:;; s > U : 5 fa ~
&3 .8 a -8'> U -8 .,g ~ oS ~;S 'is
~ £'~ >. sa.¡,. d.~:;.~ t) ~'.š ,"'8 -g sa -g -0 -A i
:2c"O~ "'-=86'i'=~1o':: ·u.:I",~~.z~6
~ðæ...~2.s .£.a¿;~~§ ;;,¿ë;CIIg ~"'.
6 >< ~ ::I ::I = '" CI)" U J U 0. ::.. §-.- 8 CI)'"
.-=: £:!. 0. ~ = 0 0 ?;-.- U ~ > co :>...... _ ~ '" £
~ VJ.... C ... .- CI)'.::I .. - .c:: 0 = '?::I = -;;; '" _ .,¡ ~
5",...c:: 6 t"!!-u"''''s:;:: 0= CClco.u
6 ¿; ;;.ë ~ 0 ~ ~ '2 oS 0 ... t: ë -S ·6- :J ";.S! t) o-S
0..0"'0("1<=1 . -'" 0 ",ëü~.c::u
..:: CI) v. . 6 =o.ë I _.::S ~. 0. sa 0 ... ~ ~ ~ '" .>-
5 ~ 6- ... .^ u.... U ., .. ... -"0::'
"s:! . = . ~ ::s p ïS :3' ...... = .,¡'"'O .c:: ì:'; ::I ::: ,.o:¡ .c:: '0
"I i>.0 '" !U 0.:::...... ~ e .... ~ t: .c:: .- S '" .:: 6
~-=.::I aJ::¡ -u"''''ûo''' o......<n-"O~
.c:: S(f'\ "'=O-SUCIc"'..t=!£ - =... ~u=c '"
~ .s CI) - ~ <n'a - ..."¡;¡ ::s >. = ::s ~ ... U ~ = "'0
::I g ='~:o ] = £ sa -g ~ :: "'0 '=ë ~ 2 ~·u 'õ ê :;; ~ ã
o.CI) .0 ::s C '" U = CI) '" <n tä .... U ",;S ",'Cü U 6 ~
~ 0. a"'O.!:! ....s 8.= ~ ~ ~ >,11'\ 0 ~ '" 6 = t: ~ >"1:
~ ::J.- co ..... .::I V ,... '" _ U U U U .....
= <=I - 5 - .... CI) ~.- V Þ< 6 ~ 0 N - CI) 0 :::
~ ~ q.: èn ~.5 = g. ~ ~ ~ sa '.::1 ~ -=.g 5.5 ~ ~
:;; "0 -S o.c:: >,
";; g"-.3.~.=
C'Cü ~ J::¡ .¡;;¡ .5
o.......s~¿:
V = ~._ ~ ..
¡g8=~~~
.-t..!. u)... Û u 0
"'-~"O ...
.= U ._ ~u 0
'" ~ J::¡
'" ~ V ::s
"'"0- 0 ."0
o U'¿¡¡ ~ U
a.ü...u~.c::
>< U v.s "I.~
~ ~'S =o~-e
>.ov t=::S
.<;:: v ~ 6 0 't
= 0 y·S ;; ...
Ë5~io"§~
U::S- U
. ~:E.g.~
=
~
~ ..
.-.~
r--.~
- ..
~~
=~
- ..
iP:
.!~
= \!I
~ ~
~~
J ã
1i'S
.=
u
ë·
.
U
co
00 cf
6
000
r=â'<
~.,.
r.....'·· ,
.~~"..~~~..
U ... CI)~ III 0 · U ~ ... "0 - U f-< ~"O' - 0 f-! .c::
.c:: .~ = '" ... ð... "'0 = ~.- :g~ ~ :E'- "'~ .c:: - ~ v
... _ ._ ~ = ....' O'A 0...... .JIA::" '" co .. .~
~ i> - .- ... '.::1.' ~ ..... ... '" 0. :::::> ,,¡:;;¡
>.~ -=ë~~o"'O S5C1:::~50ü~u o~O~
.5;= = U ... ~'I:"; 8· CI) E "'"0 ~ U U ~ .~ .s _ ~.,;
= e :- 0.111 CIc ¡a 0 ... g æ ~ æ"O .5 2::E > 0:= ¡g. ~
o U ;,O::s -~ O. ~ ~ ·a v < '~...J 0 f-< ....: ... ~ ·E CIc
=, 0 ~ ~ ~ UI CII .... V ~ ~.= ...
~ ~^ ..... U :oa ::.... =0 ~ ~::J t ~ .gC ;;"0 0 ~ « t: ~ ~ ~ >,
..c: ..... . >. U .... "'"'0... ::; U U - c."" ~ ::I 0 '"
_uCI)6~ ]<n"'O~",~~ ~Cl:::u~~£~;,O-s~
>,~~0",!~¡¡~~CI)5",Q~u~5~~::Iª ~...~
'" '1:'" '~ ".c:: <n CI)' ~"O t: ~ .....:J Z "0 0 0
'" '5 ' ... ~ U.c:: U =.> ... C .!. o;;¡ ::I ~ >, .c:: to:; =
",:a-S-6e.s~.c::p~0..8::1~g.8~0~0~o~'"
~ ~ 8 ~'.::I 0 U ~ CI) ." ... &3 :.= c. '€ c.. :; :Q ~ ~ 0.... :;
"'0 6S-=="2.",,,¡,~u::"""Ê-o o>,u.gU"'O :Q I
. ''¡;'''''¡'", ._" .Q :::t t" "'" 'V' .a:=.... 0 .¡;; ~ °c - U ·13- ... æ"O O"'-S
.....= . UCI) -- .JIA~ C =- = .
. -'-"0 .. .> 0 u - U' "":'0.. C '" U U' -. - >.:0 .
U1' e c---U"-'.Q'~.¡';C'" 1()~.Q.cr·a·e·~-8....::;a.~:¡;',\
~ cd ~ en 1:11...... > .. .... t-"t 0 .... !:i .... ;.J ._ 1: "c;. ~
'.'
<
INFORMAL REPORTTO MAYOR AND CITY COUNCIL
IR 99-005 -
No. _
e
, . Date:
-=='-~.{:-:>
Subject: BISD Scoreboard Proposal
January 11, 1999
In September, the Birdville Independent School District (BISD) offered the
City of North Richland Hills an opportunity to sponsor/advertise on the
scoreboard at the new Birdville High School stadium. BISD quoted a lease
cost of $100,000 for a 10 year contract. They have indicated that they would
work with the City to permit annual payments, rather than the full amount
up front.
Council directed staff to evaluate the proposal and return with information
on the feasibility of participating in this venture to promote the City and its
various attractions. While this would be an additional avenue of advertising
for the City, the primary purpose of this arrangement would be to keep the
City's name and image in front of the patrons at this facility.
e
The Directors of Economic Development, NRH20, Parks and Recreation and
Iron Horse met with the Communications Director and Deputy City Manager
to review this proposal. The proposal from BISD has a number of pros,
cons and unknowns. The target audience composition and the seasonal
use of the facility, along with the seasonal nature of the advertising needs
of the City's amenities present challenges that will need to be "fine tuned"
if the City participates. The proposal also has other issues, limitations and
expenses that have been identified and are detailed below.
In addition, the proposal provides opportunities for the City to offset some
expenditures with the option to sublease to other venues. As proposed,
BISD would require individual approval of any sublease. Staff would
propose that any agreement pre-establish guidelines, thereby permitting
the City to sublease based on those guidelines rather than BISD approval
of any agreement. Based on the staff review, we feel that while our current
advertising efforts are effective and reaching our target audiences, this
opportunity could provide additional exposure for the City and its
recreational amenities as well as highlighting private ventures through the
sublease process during our off seasons. It is estimated that the City
could anticipate recovering from $500.00 to $1,500.00 per month from a
sublease. We would anticipate that subleasing would only occur for about
3 months of the year; however, that time period could be longer during the
first couple of years while a comprehensive advertising plan is developed.
Other items discussed by the staff are briefly outlined as follows:
e
1. The advertising space on the scoreboard is 9' X 10'. It is felt that the
display panel would accommodate only one logo at a time. This is
_ ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
e
based on information we received from an outdoor advertising agency.
The City would need the flexibility of changing the panels according to
the season with the appropriate logo advertised. For example: NRH20
could be advertised in the summer, the Tennis Center in the spring and
Iron Horse and sublease advertiser at other times.
2. Under proposed contract provisions, the City would be solely
responsible for the design, purchase and installation of the panels for
our advertising, but the panels would become the property of the school
district. We would like to modify this to retain ownership of the panels.
All designs are subject to initial approval of the school board. An
estimated cost for each panel is $2,000. Change out of the panels, which
would occur three to four times annually, would be approximately
$1,000 per change out. This would increase the City's overall outlay to a
minimum of $6,000 for the panels (a one-time investment) and an
additional amount of at least $30,000 for change out over the life of the
lease.
e
3. The school district has not completed a marketing plan for the stadium.
They estimate, however, that 65,000 persons will attend football games
during the first year. This figure is based upon 6,000 in attendance on 10
Friday night football games and 500 in attendance on Thursday night
games. The projection for soccer games is 2,400 based upon 200
attendees each week over a 12-week season. These numbers include
repeat visitors, not necessarily totally new audiences.
4. The school district also predicts that during the 1999-2000 school year,
there will be additional soccer tournaments, UIL Region and State band
contests, UIL football and soccer state playoffs. They also anticipate the
filming of professional commercials, semi-professional practice
sessions and contests, city celebrations, community rallies, concerts,
youth league events which could potentially bring hundreds of
thousands of "outsiders" to the complex, although none of these have
been confirmed.
5. The school district is also relying on "spill over" from Pennington Field
in HEB. The stadium manager at Pennington estimates that during any
given year, the total attendance at their facility exceeds 200,000. The
capacity of the BISD complex exceeds Pennington Field by 2,000 seats.
Pennington Field turns away more playoff requests each year than they
are able to accommodate, and while it is felt that a number of these will
be held at Birdville Stadium, BISD does not have any projected
estimates of attendance for those events.
e
To assist you in evaluating the proposal, we have identified below the
advertising budgets for NRH20, Iron Horse, the Richland Tennis Center and
e
Economic Development departments. With the exception of Economic
Development, these funds are provided from generated revenues.
Economic Development funds are provided from Hotel/Motel tax revenues.
NRH20 Family Water Park - $195,275
Richland Tennis Center - $5,650
Iron Horse Golf Course - $18,000
Economic Development - $5,000
Currently some of the advertising methods utilized by the City include
billboards, brochures, magazine, radio, and newspaper advertisements.
In summary, we feel that there are a number of advantages, such as the
ability to recover some expenses through subleasing, and disadvantages,
such as the lack of information on the actual anticipated attendance at the
facility. Based on staff evaluation of the proposal as outlined above, we are
seeking direction from the City Council on whether to proceed with further
discussions with BISD or to notify them that the City will not be
participating at this time. Representatives of the staff committee will be in
attendance to answer any questions you might have.
Respectfully submitted,
. /~ C~~
Randy Shiflet
Deputy City Manager
e
·
e
MINUTES OF THE CITY COUNCIL WORKSESSION OF
OF THE CITY OF NORTH RICHLAND HILLS, TEXAS
HELD IN THE CITY HALL, 7301 NORTHEAST
LOOP 820 - OCTOBER 13,1998 - 6:00 P.M.
Present:
Charles Scoma
Don Phifer
Lyle E. Welch
Russell Mitchell
JoAnn Johnson
Cheryl Cowen Lyman
Mayor
Mayor Pro Tern
Councilman
Councilman
Councilwoman
Councilwoman
Staff:
Larry Cunningham
Randy Shiflet
Ron Ragland
Patricia Hutson
Rex McEntire
James Saint
Christopher Baker
City Manager
Deputy City Manager
Assistant City Manager
City Secretary
Attorney
Asst. to the City Manager
Planner
Absent:
Frank Metts, Jr.
Matt Milano
Councilman
Councilman
e Mayor Scoma called the work session to order October 13, 1998 at 6:00 p.m. The
purpose of the work session was to continue the discussion with the Planning and
Zoning Commission from the September 15 work session.
The following Planning and Zoning Commission Members were present:
Doug Blue
Mark Wood
Don Bowen
Richard Davis
James Laubacher
The Council and Planning and Zoning Commission discussed items pertaining to land
use changes. Mr. Davis advised that the Commission was receiving a lot of special use
requests. There was discussion as to whether the list of special uses in the zoning
ordinance needed to be reviewed. It was discussed that businesses needed to be
reminded to bring their businesses up to city standards.
Councilman Milano present at 6:12 p.m.
There was discussion on whether a special use permit goes with the user or with the
land. Attorney McEntire explained that if the land is zoned for special use, it has to be
repealed or it is still in effect. As long as it is zoned for a special use, it can be used for
e that special use.
e
e
e
City Council Work Session
October 13,1998
Page 2
The Council and Board discussed whether the Council would have to remove the
special use zoning when it is used for uses other than the approved special use. Staff
advised that special use permits run with the land and that if the operator changes, the
only concern of the City is whether anything on the site changes. If they use it for the
same purpose as the special use permit, they can use it as long as it is in accordance
with the approved site plan. After further discussion, they concluded that some of the
existing special use permits probably need to be reverted. The Council would like for
the existing special use permits to be reviewed, for staff to determine the applications
where the use has changed and update those who have changes in use.
Mr. Baker left the meeting at 6:20 p.m.
There was discussion on the R-6- T zoning located off of Holiday Lane. Councilman
Milano questioned if the City could encourage developers to submit more planned
developments so that the City has more control over developments. It was discussed
that if site plan approval were required for all commercial, industrial and multi-family it
would give the City more review time. There was extensive discussion on planned
developments and the purpose of planned developments. There was discussion on
how to respond to citizen concerns regarding uses allowed in C-1 zoning that the
citizens were opposed to, and how to restrict the uses in the C-1 zoning.
The Council and Board discussed lV satellite dishes and those that are mounted on
houses. They concluded that federal law allows the City to regulate larger dishes but
not the small satellite dishes. Staff is to verify the City's authority to regulate satellite
dishes.
There was discussion on landscaping and greenbelts. There was concern about
businesses not maintaining landscaping. It was felt that rear landscaping on major
developments needed to be addressed in the landscaping regulations. There was
concern expressed on temporary outdoor storage containers being used by businesses
and it not being the intent of outdoor storage usage. They discussed the temporary
buildings being used by the School District and their not meeting the Zoning Ordinance.
It was felt that there should be regulations placed on outdoor storage containers and
that enforcement should be consistent for temporary buildings.
The North Davis Overlay and the timetable for the landscaping and sign revisions to be
returned to Planning and Zoning Commission were discussed. The Mayor advised that
Council has asked Staff to give a status report on the committees' activities. Mr.
Ragland advised that as the Ad Hoc Committee brings closure to an issue, they would
bring it forward. The Planning and Zoning Commission was advised that Mr. Shiflet and
Mr. Ragland would be preparing a monthly report on the activities of the committees
e
e
e
City Council Work Session
October 13,1998
Page 3
and the reports would be forwarded to the Planning and Zoning Commission and the
City Council.
Mr. Davis advised that the Planning and Zoning Commission never knows how the
Council votes on the recommendations they send to them. He advised that they would
like to see Council's final action. The consensus was that a staff summary of the action
taken by Council on the Planning and Zoning action items would be given to the
Commission at their meetings.
Councilman Milano questioned whether the landscaping and sign regulations would
remain stand-alone ordinances or if they will be incorporated into the Zoning Ordinance.
After discussion, Staff advised that Council would make the decision based on Planning
and Zoning's recommendation.
There was considerable discussion on open meeting laws and the definition of soliciting
votes.
Mayor Scoma called a break at 7:37 p.m. The work session was called back to order at
7:45 p.m. with the same members present except for Mr. Wood.
The next item discussed was homeowner association covenants. There was a question
if the City needed to put something into place to see that these covenants are
consistently enforced in the future. It was discussed that unless the covenants were
part of the zoning, the City did not have enforcement authority over homeowner
covenants. The Attorney advised that a regular homeowner covenant is a matter
between lot owners and lot owners. The only homeowner covenant that the City can
enforce is a covenant dealing with condominiums. Mayor Pro Tern Phifer felt that one
area of concern would be drainage. He felt that earthen channels and other drainage
areas would be a potential maintenance problem in the future. It was suggested that
covenants and deed restrictions be filed at the same time the plat is filed. They
discussed potential maintenance problems with drainage ways and requiring
maintenance covenants. The consensus was that this issue needs to be addressed.
Staff will send information and recommendations to the Planning and Zoning
Commission for their review and recommendation to the City Council.
The next issue discussed was moratoriums (signs, R-6T and R-8 zoning). The Attorney
suggested rather than a moratorium the zoning classifications be eliminated. A concern
was expressed that the City might be preventing older people from remaining in North
Richland Hills by eliminating town houses. There was discussion that quality control for
R-6T and R-8 zoning could be maintained under planned development. The consensus
was that controls are needed on R-6T and R-8 zoning so that they will come before the
e
e
e
City Council Work Session
October 13,1998
Page 4
Planning and Zoning Commission and the Council so that there is an opportunity to
establish quality.
They discussed Planning and Zoning Communications with Council. It was agreed to
continue a once a year meeting with the Council.
The redevelopment of older areas was discussed. The Mayor advised that this was
one of the goals of the Council and that the Council will need the Commissions' help.
There was discussion on the revitalization of the area south of 820 and consistently
maintaining the standards set by the City. It was also expressed that the beautification
of the medians, Le., Grapevine Highway, needed to be addressed and that the ad hoc
committees should look at this and include the Beautification Commission.
There was discussion on park planning review by the Planning and Zoning
Commission. Mr. Davis felt that the Planning and Zoning Commission should review
park plans and have input as to how it will affect traffic, drainage, and other land use
issues and how it will impact the surrounding property. He felt the City should go
through the platting process of city property. There was discussion on the city following
the same standards as the developers. They discussed the process for notifying the
citizens of park development.
Mayor Scoma adjourned the meeting at 8:45 p.m.
Charles Scoma - Mayor
ATTEST:
Patricia Hutson - City Secretary
e
e
e
MINUTES OF THE CITY COUNCIL WORK SESSION
OF THE CITY OF NORTH RICHLAND HILLS, TEXAS
HELD IN THE CITY HALL, 7301 NORTHEAST
LOOP 820 - OCTOBER 20,1998 - 6:30 P.M.
Present:
Charles Scoma
Don Phifer
Lyle E. Welch
Russell Mitchell
Frank Metts, Jr.
JoAnn Johnson
Matt Milano
Cheryl Cowen Lyman
Mayor
Mayor Pro T em
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilwoman
Staff:
Larry Cunningham
Randy Shiflet
Ron Ragland
Patricia Hutson
Greg Dickens
Donna Huerta
Marty Wieder
Christopher Baker
James Saint
City Manager
Deputy City Manager
Assistant City Manager
City Secretary
Public Works Director
Communications Director
Director of Economic Development
Planner
Assistant to the City Manager
Others Present:
Land Use Ad Hoc Committee Members
Jerry Sylo Senior Planner, Ferrara Architects
Richard Ferrara, Sr. Ferrara Architects
Scott Rogers Planner, Ferrara Architects
Bill Gietema Arcadia Realty
Mayor Scoma called the work session to order October 20, 1998 at 6:35 p.m.
1.
VISUAL PRESENTTION BY RICHARD FERRARA ARCHITECTS, INC.
AND DISCUSSION OF THE NRH TOWN CENTER PROJECT
Mr. Jerry Sylo presented a slide presentation of different neo traditional projects. He
showed slides of Downtown Celebration, other similar projects and examples of pros
and cons of a neo traditional project. The presentation showed different characteristics
of a Town Center and issues that would need to be addressed if such a project is
developed in North Richland Hills. There was discussion on the design of the streets,
safety issues, parking, pedestrian traffic, landscaping, etc.
e
e
e
City Council Work Session Minutes
October 20,1998
Page 2
The Ad Hoc Committee, Mr. Ragland and Mr. Baker left the meeting after the slide
presentation.
The Council discussed the need for details to be worked out - Le., the closeness of
houses. It was discussed that the proposed ordinances would be for a specific town
center district and that it would not be the intent for the proposed ordinances to be
applied to other parts of the City.
The City Manager advised that it was his understanding that Arcadia Realty was
planning on pursuing a planned development. Mr. Gietema advised their plans were to
apply under a planned development ordinance. He advised that several of the
surrounding property owners have asked to join and be included in the district. It was
discussed that in order to protect the integrity of the total project, the area should be
designated as a Town Center District. Mr. Gietema explained that Arcadia's position
was not to encumber or intend to encumber any other property owners in the higher
regulations. He explained that they had been approached by the other property owners
to include them, and that they have extended to the surrounding property owners the
courtesy to join with the development at their choice after approval by the Council.
The Council discussed the pros and cons of a district rather than a planned
development, and the impact the out parcels will have if it were not established as a
district. There was discussion that in addition to a town center development plan there
would also need to be a corridor plan developed. The Council discussed the request of
the homeowners in Spring Oaks Addition to be incorporated into the district. The
Council felt that if the addition were included that it would need to be grandfathered
because the addition would be non-conforming. There was concerns expressed on the
narrower streets, the flow of traffic, and parking on the streets. It was concluded that
the City Staff would make a recommendation to the Council on the district boundaries
based on input from the consultants.
The City Manager explained that if the Council decided on the district rather than a
planned development, then the district would be established and criteria for the district
would be incorporated into the Zoning Ordinance. He explained that the Council might
want to include requirements that a district would have to consist of at least 100 acres
or be contiguous with another so that it could not be done in little pieces and different
parts extracted from it. Once the classification is established in the Zoning Ordinance,
then the land use is determined and there are amendments to the Land Use Plan.
There was a concern expressed by the Council about the use of stucco in the project.
Mr. Gietema advised that it was important that the architectural style chosen be Texas
vernacular - stone, brick or real stucco. He explained that they were proposing that a
material called hardy plank be included and explained what the material was.
e
e
e
City Council Work Session Minutes
October 20,1998
Page 3
There was discussion on what was expected of the City financially in terms of municipal
facilities - city hall, library. City Management has been waiting on a concept design
before a public facility cost can be determined. After the public facility cost is
determined, then the Staff will discuss financing and other details with the Council and it
will be brought to the Council for a decision.
Mr. Gietema gave an overview of the phasing of the Town Center Project.
The Council discussed whether they wanted a district or planned development. The
consensus of the Council was to proceed with a zoning district.
Mayor Scoma adjourned the meeting at 9: 11 p.m.
Charles Scoma - Mayor
ATTEST:
Patricia Hutson - City Secretary
e
e
e
MINUTES OF THE WORK SESSION OF THE CITY
COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST
LOOP 820 - NOVEMBER 17, 1998 - 6:00 P.M.
Present:
Charles Scoma
Lyle E. Welch
Russell Mitchell
Frank Metts, Jr.
JoAnn Johnson
Matt Milano
Cheryl Cowen Lyman
Mayor
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilwoman
Staff:
Larry Cunningham
Randy Shiflet
Patricia Hutson
Jim Browne
City Manager
Deputy City Manager
City Secretary
Park and Recreation Director
Absent:
Don Phifer
Mayor Pro T em
Mayor Scoma called the work session to order November 17, 1998 at 6:00 p.m. The
purpose of the first half of the work session was to discuss with the Beautification
Commission ideas and priorities related to their board. The second half of the work
session was for the purpose of discussing with the Park and Recreation Board issues
related to their board.
The following Beautification Commission Members were present:
Ms. Theresa Hampton
Mr. Glenn Nerwin
Ms. Deloris Pultz
Ms. Emily Ward
Ms. Patsy Tucker
Ms. Jeanne Lueck
Ms. Jane Dunkelberg was absent.
The Mayor asked each of the Beautification Commission members to introduce
themselves and talk about what they consider is the purpose of the Beautification
Commission. Items cited included 1) making the City more beautiful and appealing to
the citizens; 2) making it a better place to live; 3) should have input in the landscaping
of City and should be working more closely with the Parks Board in the development of
parks; 4) can be summarized through motto - clean up, green up and beautify; 5)
involve the citizens in making the City more beautiful; 6) entranceways are very
important in neighborhoods and to the City; 6) continue working with programs that
interest people in picking up trash; 7) to bring a level of expertise to the City that does
not exist internally in relation to natural resource management; 8) would like to see
e
e
e
City Council Work Session Minutes
November 17,1998
Page 2
more involvement with some of the plantings; 9) more involvement with adopting a
highway or adopt a spot; and 10) would like schools involved in beautifying campuses.
The Mayor read what the official purpose of the Beautification Commission was when it
was originally established - "To promote the beautification of the City. To this end the
Commission shall be empowered to make recommendations to the City Council for
promoting civic involvement in the beautification of the City through programs and
activities that 1) increase the community awareness of beautification and environmental
issues, 2) provide opportunities for community education related to beautification and
environmental issues, 3) include special community wide events related to
beautification and environmental issues 4) review and make recommendations on
ordinances or policies relative to beautification and environmental issues 5) include
award nominations and grant applications." Mayor Scoma further advised that their
purpose is to help the City Council to do its job and make decisions that will accomplish
the goals and objectives of the City Council.
Mayor Scoma reviewed the goals of the City Council that relate to the Beautification
Commission. The Beautification Commission's primary focus is on Goal No.2 - quality
development and planning through build out. This goal was discussed with the
Commission.
The Council and Beautification Commission discussed issues and concerns. Ms.
Tucker advised she would like for the Commission to have a more active role in
planning for landscaping, signage and design in the City. She would like to see signs
and beautification at the entranceways to the City, for the newer medians to receive the
same attention as the median on Mid Cities Boulevard and more green areas in the
City. The Commission was advised to decide what they would like to work on and to
inform the Council of their activities. There was discussion on the design and
development of entranceway signs to the City. Mayor Scoma advised that the
Beautification Commission and the Parks Staff needed to work together on the signage
project.
There was a question from the Beautification Commission on the proper chain of
command. They were advised that the proper procedure to get items on the agenda to
present to the City Council is through the City Manager, the Mayor or an individual
Council Member. They were also advised that if they would like for something to be
sent to the Council, they should put it in the form of a motion that is included in the
Commission's minutes.
There was discussion on the Adopt-a-Spot Program. Ms. Pultz advised that they have
people wanting to adopt a spot, but the Commission has not been able to provide spots
for them to adopt and that they did not know who to ask for spots. The Council
advised that Staff needs to help to provide the spots. The Commission was advised to
work on a plan and to bring guidelines for adopting a spot to the Council.
·
e
e
City Council Work Session Minutes
November 17,1998
Page 3
There was discussion on the Commission's budget and how to obtain the approval
necessary to spend funds. The Commission was advised they are allocated a certain
amount of money that is controlled and under the responsibility of the City Manager.
The City Manager is responsible for establishing the procedures by which funds will be
released. It was explained that there were often bidding procedures that had to be
followed and approval processes established by Management Policies that had to be
followed. When their budget was originally set up, the original purpose was to provide
funding for the Commission's printing expenses and attendance at KTB meetings.
They were advised that if they needed money for major projects, they needed to submit
their requests to the City Council for funding. The Commission was told that they
should participate in the budget process and that they needed to submit their requests
for funding of projects for the Council to consider during the budget approval process.
There was discussion on the Commission's desire to continue to aid Mr. Wieder in the
Business Landscape award. The Commission expressed their desire to continue to
work with Mr. Wieder on this once a year program.
Other concerns expressed by the Commission included:
1) The role of the Commission in the development of Fossil Creek Arboretum Natural
Preserve;
2) The assignment of a staff person full time for the KTB program;
3) Commission term limits;
4) How to distinguish between volunteer duties and staff responsibilities to prevent
overlapping.
Responses to these concerns were:
1) The Commission will present the Fossil Creek Arboretum project to the Council at a
future date.
2) The Commission was told that they needed to reevaluate the KTB program and to
justify the need for staffing for the program within themselves and if they found it
justified, to present a request to Council at budget time.
3) The Commission was advised that a commission member's attendance,
commitment and involvement determined term lengths.
4) The Commission's role is to give input to the City Council- it is a joint effort working
with Staff and City Council.
Councilwoman Lyman expressed a desire for a Homeowners Christmas Decoration
Contest. In addition to the Yard of Month awards, she would like for there to be a
contest for decorations and homeowner neighborhood themes during the holiday
season.
e
e
e
City Council Work Session Minutes
November 17,1998
Page 4
Mayor Scoma reminded the Commission that the Parks Department is currently
developing a Master Plan for Parks and that the Commission needs to be working with
them and providing input into the Plan.
RECESS
The Council concluded their work session with the Beautification Commission and
Mayor Scoma recessed the meeting at 6:59 p.m.
BACK TO ORDER
The Mayor called the work session back to order at 7:09 p.m. with the same Council
Members present except for Mayor Pro Tern Phifer and Councilman Metts and the
same City Staff present. The following Park and Recreation Board Members were
present:
Ms. Sharon Battles
Mr. John Pena
Ms. Sherry Milano
Ms. Pam Jackson
Mr. Dwayne Leslie
Ms. Sherry Christensen
Ms. Ann Perchard
Mr. Rick Work was absent.
Each of the Park Board Members introduced themselves and discussed what they felt
was the function of the Park Board.
Mayor Scoma reviewed the Board's purpose as set out by ordinance. He advised that
they needed to be proactive in developing ideas and recommendations, to be sensitive
to the community and to make recommendations to the Council.
Mayor Scoma reviewed and discussed the goals of the City Council as they pertain to
the Parks Board. The Parks Board's primary focus is Goal No. 2g - Community Pride
and Identity - increase our image to ourselves (community) and to others outside North
Richland Hills, and Goal NO.5 - A Variety of Amenities for Families: Recreational,
Leisure, Cultural and Educational. There was discussion on the Board becoming
proactive in the area of providing leadership to senior citizen programs.
The issue of park projects being subject to the approval of the Planning and Zoning
Commission was raised. The Board was advised that the Planning and Zoning
Commission had discussed this with the Council, but the Council did not feel it was
necessary. The Council was asked what they envisioned in regards to a Recreational
Center and other recreational facilities being included in the Town Center Project. The
Parks Board was advised that the Town Center Project was still in the developmental
.
.
e
City Council Work Session Minutes
November 17,1998
Page 5
stage and the details were yet to be worked out. The Council did not have a specific
vision, but that it would be a multi-purpose development.
There was extensive discussion on the utilization of City park facilities by city residents
vs. outside residents and the ability to balance the access of the parks by the different
users. They discussed the utilization of park facilities by the youth associations and the
percentage of kids participating in the associations that were residents of the City. It
was felt that North Richland Hills residents should receive first priority. There was
discussion on neighborhood parks and their purpose. There was discussion on
whether Linda Spurlock Park should be a considered a neighborhood park or a park for
the southern part of the City. The Council advised they would like the Parks Board to
give input as to whether Linda Spurlock Park needs to have other amenities added.
The Parks Board was advised that they Mayor should address the issues being raised
and bring a recommendation back to the Council.
Other concerns mentioned were improved communications between the Park Board
and the City Council, the ability of the Parks Board to travel to neighboring cities, to
attend state functions, and their role in the decision making process for acquisition of
park land and development.
The Board was encouraged to go to other cities to view their programs. It was felt that
there were resources available within the Park's budget to accommodate local trips.
The Board was encouraged to be visionary and provide input to the City Council.
Mayor Scoma adjourned the meeting at 8:36 p.m.
Charles Scoma - Mayor
ATTEST:
Patricia Hutson - City Secretary
.
Present:
.
MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE
PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST
LOOP 820 - DECEMBER 14,1998 - 6:00 P.M.
Charles Scoma
Don Phifer
Lyle E. Welch
Russell Mitchell
Frank Metts, Jr.
JoAnn Johnson
Matt Milano
Cheryl Cowen Lyman
Larry Cunningham
Randy Shiflet
Ron Rag land
Patricia Hutson
Alicia Richardson
Rex McEntire
Greg Dickens
Larry Koonce
Donna Huerta
Steve Norwood
Pam Burney
Tom Shockley
Melani Fragge
Thomas Powell
Christopher Baker
James Saint
Mayor
Mayor Pro Tern
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilwoman
City Manager
Deputy City Manager
Assistant City Manager
City Secretary
Assistant City Secretary
Attorney
Public Works Director
Finance Director
Director of Communications
Interim Planning Director
Environmental Services Director
Police Chief
Director of Human Resources
Director of Support Services
Planner
Assistant to City Manager
ITEM DISCUSSION ASSIGNMENT
CALL TO ORDER Mayor Scoma called the meeting to order at
6:00 p.m.
The City Manager introduced the new Police Chief,
Mr. Tom Shockley.
DISCUSS ITEMS None
FROM REGULAR
DECEMBER 14
AGENDA
.
ITEM
MEETING WITH
TEEN COURT AND
LIBRARY BOARDS
REPORT FROM
SENIOR ISSUES
COMMITTEE OF
UNITED WAY
NORTHEAST
e
DISCUSSION
Pre-Council Minutes
December 14, 1998
Page 2
ASSIGNMENT
Mayor Scoma had several questions on IR 98-243 NAN
that was sent to the Council. He questioned why the
northern portion of Davis Boulevard was only
stripped five lanes when the southern portion was
being stripped seven lanes. Staff explained that
originally TxDOT planned to reconstruct and restripe
Davis Boulevard to seven lanes. However, during
the planning process, TxDOT realized they did not
have enough funds available for the project and the
scope of the project was reduced. Staff explained
that when TxDOT received the Mayor's letter
concerning the restripping, they reconsidered and
funding for seven lanes from Maplewood to Emerald
Hills Way was approved. Staff advised they would
be meeting with TxDOT and will report back to the
Council on the possibility of the City stripping Davis
Boulevard to seven lanes and the cost involved.
The Council discussed whether there were any NAN
additional issues they would like to discuss with the
Teen Court and Library Board during their December
15 work session. There was discussion on the
increase in the number of meetings the Teen Court
Board Members were attending and the number of
hours each member was giving each month. The
consensus of the Council was to discuss this further
with the Board Members at the work session.
The City Manager introduced Ms. Fran Fuller, former NAN
chair of the United Way Steering Committee and a
board member of the Steering Committee, and Ms.
Marilyn Callarman, Project Manager of the United
Way Northeast. Ms. Fuller and Ms. Callarman
presented an overview of the Senior Issues Report
to the City Council. It was pointed out that this study
was for the Northeast Tarrant area and included
North Richland Hills. The priority issues and
recommendations identified for consideration of the
Northeast area were 1) increase transportation
options; 2) promote health and healing; 3) increase
social and spiritual support through community
awareness and outreach; 4) provide affordable
housing; 5) facilitate caregiver services; 6) prevent
crime, abuse and neglect; 7) facilitate financial
security and employment; and 8) support existing
legal and advocacy services. Ms. Fuller and Ms.
Callarman stated that this report is for information
ITEM
REPORT FROM
SENIOR ISSUES
COMMITTEE OF
UNITED WAY
NORTHEAST
(continued)
ESTABLISHMENT
OF DEVELOPMENT
REVIEW
COMMITTEE
ADJOURNMENT
ATTEST:
DISCUSSION
and use by North Richland Hills and other Northeast
communities for their planning for senior issues and
no action is requested.
Mayor Pro Tern Phifer left the meeting at 6:20
p.m.
Mr. Norwood, Interim Planning Director, briefed the
Council on the establishment of the Development
Review Committee. He explained the purpose of the
committee is to expedite the development process
and offer the developer/builder a one-stop shop at
City Hall. The committee will meet each Wednesday
at 9:00 a.m. to address items in process for Planning
and Zoning or Council action. There were no
questions from the Council.
Mayor Scoma announced at 6:38 p.m. that the
Council would adjourn to Executive Session to
discuss pending litigation and acquisition of real
estate as authorized by the Government Code
Sections 551.072 and 551.052.
Pre-Council Minutes
December 14, 1998
Page 3
ASSIGNMENT
NAN
Charles Scoma - Mayor
Patricia Hutson - City Secretary
e
e
e
e
I
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 - DECEMBER 14,1998 -7:00 P.M.
1.
CALL TO ORDER
Mayor Scoma called the meeting to order December 14, 1998 at 7:04 p.m.
ROLL CALL
Present:
Charles Scoma
Lyle E. Welch
Russell Mitchell
Frank Metts, Jr.
JoAnn Johnson
Matt Milano
Cheryl Cowen Lyman
Mayor
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilwoman
Staff:
Larry Cunningham
Randy Shiflet
Ron Ragland
Patricia Hutson
Greg Dickens
Rex McEntire
City Manager
Deputy City Manager
Assistant City Manager
City Secretary
City Engineer
Attorney
Absent:
Don Phifer
Mayor Pro Tern
2.
INVOCA TION
Mayor Scoma gave the invocation.
3.
PLEDGE OF ALLEGIANCE
4.
SPECIAL PRESENTATIONS
A. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL
REPORTING FOR THE COMPREHENSIVE FINANCIAL REPORT ENDING
SEPTEMBER 30, 1997
City Council Minutes
December 14, 1998
Page 2
e
Mr. Charles Cox, Director of Finance with the City of Farmers Branch and
President Elect of the Government Finance Officers Association of Texas,
presented to Mr. Larry Koonce, Finance Director, and Ms. Jackie Theriot,
Accounting Manager, the Certificate of Achievement for Excellence in Financial
Reporting for its Comprehensive Financial Report for the fiscal year ending
September 30, 1997.
Mr. Larry Koonce recognized the Finance Staff.
5.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
6.
CONSENT AGENDA ITEM(S)
APPROVED
e
A. MINUTES OF THE PRE-COUNCIL MEETING NOVEMBER 9, 1998
B. MINUTES OF THE CITY COUNCIL MEETING NOVEMBER 9, 1998
C. GN 98-139 - REVIEW INTERLOCAL AGREEMENT FOR USE OF
ENVIRONMENTAL COLLECTION CENTER WITH CITY OF FORT WORTH
FOR 1999 - RESOLUTION NO. 98-69
D. GN 98-140 - AUTHORIZE INVESTMENT OFFICERS - RESOLUTION NO.
98-64
E. GN 98-141 - AMENDING AUTHORIZED INVESTMENT OFFICERS LIST
FOR TEXPOOL - RESOLUTION NO. 98-65
F. GN 98-142 - AUTHORIZED SIGNATURES FOR PLEDGEE SIGNATURE
AUTHORIZATION FORM - RESOLUTION NO. 98-66
G. PU 98-70 -AWARD BID FOR FIRE STATION THREE RENOVATION TO
TEAM DESIGN IN THE AMOUNT OF $52,500 - RESOLUTION NO. 98-67
e
H. PU 98-71 - AWARD BID FOR EMERGENCY GENERATOR
REPLACEMENT TO KENNEDY ELECTRIC, INC. IN THE AMOUNT OF
$32,800 - RESOLUTION NO. 98-68
City Council Minutes
December 14, 1998
Page 3
e
I. PW 98-25 - AWARD OF BID TO J.L. BERTRAM CONSTRUCTION, INC. IN
THE AMOUNT OF $1,345,380.64 FOR DOUGLAS LANE PAVING AND
DRAINAGE IMPROVEMENTS
Councilwoman Johnson moved, seconded by Councilman Metts, to approve the
Consent Agenda.
Motion carried 6-0.
7.
PZ 98-48 CONSIDER THE REQUEST OF ELLIOTT &
HUGHES, INC., FOR SITE PLAN APPROVAL FOR A
MULTI-FAMILY DEVELOPMENT TO BE KNOWN AS
RUFE SNOW VILLAGE (LOCATED IN THE 6800
BLOCK OF HIGHTOWER DRIVE)
APPROVED
Mr. Steve Norwood, Interim Planning Director, gave a recap of the zoning case and
presented the issues associated with the site plan.
e
MAYOR PRO TEM PHIFER PRESENT AT 7:16 P.M.
Mr. David C. Hughes, Elliott & Hughes, Inc., presented their request for site plan
approval.
Ms. Lori E. Ellis, Development Coordinator, Fairfield Residential, addressed items they
were requesting that differed from the recommendations of the Planning and Zoning
Commission. They requested that Council reconsider the denial of their request to use
stucco. Ms. Ellis addressed the screening wall issue. She advised they were
proposing to construct a 6' brick wall along their northern and eastern boundaries as
required by ordinance. They also were proposing to provide cedar fence or a living
hedge with cyclone fence along the common boundary with the commercial tracts to
provide a screening until such time as the retail tract develops. They also proposed, in
the area next to Tom Thumb, to construct a masonry screening wall or living hedge in
the 1 OO-foot gap. Ms. Ellis further advised that as per the ordinance, they were only
required to construct a 6-foot masonry wall on the north boundary and on the eastern
boundary. Ms. Ellis responded to questions from the Council.
Ms. Ellis advised that they would be willing to meet whatever the City sets as a
standard in regards to exterior lighting.
e
The Attorney for the City advised that he has recommended that the applicant not be
required as recommended by the Planning and Zoning Commission, to construct a
·
e
e
City Council Minutes
December 14, 1998
Page 4
masonry screening wall adjacent to all commercial properties on the west side. The
Attorney asked if they would construct a solid masonry 100 foot fence where the fence
had previously been left out and on the west side construct a chain link fence with a
living fence.
Ms. Ellis agreed to the Attorney's requests regarding the fences.
Councilwoman Johnson moved to approve PZ 98-48 with all of the recommendations of
the Planning and Zoning Commission except for the screening wall on the Rufe Snow
side which will be a chain link fence which will include a living fence planted within that
chain length fence, and the 100 foot strip along the Hightower side will be built to match
the wall that is existing there now.
Mayor Scoma asked Councilwoman Johnson to clarify if her motion included Planning
and Zoning Commission's recommendations for the 7 foot masonry fence.
Councilwoman Johnson advised it was included in her motion.
Councilman Metts seconded the motion.
Motion carried 7-0.
8.
PZ 98-50 PUBLIC HEARING TO CONSIDER THE APPEAL OF
NASSER SHAFFIPOUR FOR A CHANGE OF ZONING
FROM C1 COMMERCIAL TO R4D DUPLEXES ON A
TRACT OF LAND IN W.W. WALLACE SURVEY, A-1606
(LOCATED AT THE SOUTHEAST CORNER
OF MOCKINGBIRD LANE & IRISH DRIVE) -
ORDINANCE NO. 2359
APPROVED AS R-2 ZONING
Mayor Scoma opened the Public Hearing and called for anyone wishing to speak in
favor to come forward.
Mr. Mark Shaffipour, 5750 Davis Boulevard, representing the applicant, appeared
before the Council and presented their request for the change in zoning.
In response to Council questions, Mr. Shaffipour advised that he would be willing to
bring the landscaping up to whatever the City requested at the two entrances at the
time of building, that he would be willing to consider single family residential on the
property, and if it were zoned for duplexes, he would be willing to restrict the parking of
motor homes or travel trailers on the property.
·
e
e
City Council Minutes
December 14, 1998
Page 5
Mayor Scoma reminded the Council that under current ordinance a duplex was not
allowed on this property.
Mayor Scoma called for anyone wishing to speak in opposition to this request to come
forward.
There being no one else wishing to speak, Mayor Scoma closed the Public Hearing.
Mr. Norwood, Interim Planning Director, advised that the Planning and Zoning
Commission denied this request at their November 12 meeting because it conflicts with
the adopted Comprehensive Land Use Plan.
Councilwoman Johnson moved to deny PZ 98-50.
Motion died for lack of a second.
Councilman Mitchell moved, seconded by Councilwoman Johnson, to approve the
rezoning of the property from C-1 to R-2.
Councilman Welch asked if the motion included the same landscaping requirements as
stipulated. Councilman Welch was advised that it did include landscaping
requirements.
Motion carried 7-0.
9.
GN 98-143 RECOMMENDATIONS OF AD HOC COMMITTEE
FOR CODE ENFORCEMENT
APPROVED
Ms. Marjorie Dodd, spokesperson for the Ad Hoc Committee, presented the
committee's findings and recommendations to the City Council.
Councilman Metts moved, seconded by Councilman Welch, to accept the
recommendations of the Ad Hoc Committee for Code Enforcement and to direct staff to
evaluate the recommendations and bring a plan of action to the City Council.
Motion carried 7-0.
·
e
e
City Council Minutes
December 14, 1998
Page 6
10.
GN 98-144 APPROVAL OF COMPENSATION PLAN MARKET ADJUSTMENT
APPROVED
Ms. Fragge, Human Resources Director, presented the history of the current pay plan
and explained the proposed market adjustment to the plan.
Councilwoman Lyman moved, seconded by Mayor Pro Tern Phifer, to approve GN 98-
144, approving a 2.34% market adjustment increase to all Employee Compensation
Plans to be effective the first payroll period beginning January 9, 1999.
Motion carried 7-0.
11.
GN 98-145 APPOINTMENTS TO PLACE 7 ON THE BEAUTIFICATION
COMMISSION AND CABLE TV BOARD
APPROVED
Councilwoman Lyman moved, seconded by Mayor Pro Tern Phifer, to approve GN 98-
145, appointing Ms. Patty Shepherd to Place 7 on the Beautification Commission, term
expiring June 30, 1999, and to appoint Mr. Steve Gast to Place 7 on the Cable TV
Board, term expiring June 30, 1999.
Motion carried 7-0.
12.
A. CITIZENS PRESENTATION
None.
B. INFORMATION AND REPORTS
Mayor Scoma reported that the second Council meeting in December had been
changed to December 21 at 7:00 p.m. He reported that the Fire Department is
sponsoring a Toy Drive through December 20th. The toys will be donated to the
Community Enrichment Center. "Pet Photos with Santa" will be taken on December 17
from 7:00 p.m. to 9:00 p.m. at the Animal Services Center. He advised of the holiday
schedule for The Critter Connection in North Hills Mall and of the holiday closings for
the municipal offices and city facilities.
·
e
-
City Council Minutes
December 14, 1998
Page 7
13.
ADJOURNMENT
Mayor Scoma adjourned the meeting at 8:53 p.m.
Charles Scoma - Mayor
ATTEST:
Patricia Hutson - City Secretary
·
CITY OF
NORTH RICHLAND HILLS
D t Planning & Inspections
epartmen :
Council Meeting Date:
1/11/99
Subject: Consider Extension of Moratorium on Permits For
Electronic Message Board Signs Ordinance No. 2349
Agenda Number:
GN 99-06
On September 14, 1998, the City Council extended the moratorium for electronic message boards
for 120 days. The moratorium is set to expire on January 21,1999. Because the Land Use Ad-Hoc
Committee will be presenting recommendations to the City Council regarding signage and electronic
message boards in particular, it appears that an extension would be in order.
The attached ordinance extends the moratorium until February 26, 1999.
RECOMMENDA TION:
To approve GN 99-06 and Ordinance No. 2349
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _
Other
Acct. Number
Sufficient Funds Available
Signature
CITY COUNCIL ACTION ITEM
Finllnc:è Direc:lot
Page 1 of
e
e
-
"
ORDINANCE NO. 2349
AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING
ORDINANCE NUMBER 2289 AND 2331 TO EXTEND THE MORATORIUM ON
SIGNS THAT CONTAIN ELECTRONIC MESSAGE BOARDS FOR AN ADDITIONAL
120 DAYS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council is concerned about protecting residential properties from
unnecessary glare from flashing lights on electronic message boards, and
WHEREAS, the City Council has declared a moratorium on signs that contain electronic
message boards, and determines that said moratorium is necessary to extend for an additional
one hundred and twenty days; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS:
1.
THAT, Ordinance Number 2289 and Ordinance Number 2331 is hereby amended to extend the
time period whereby no permit shall be issued and no sign that contains an electronic message
board shall be constructed or erected within the City of North Richland Hills, except within the
Freeway Overlay Zone. This moratorium will expire on February 26, 1999.
2.
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.
3.
SAVINGS CLAUSE. That any and all other ordinances of the City of North Richland Hills,
Texas, as amended, shall remain in full force and effect.
Ord. 2349
Page 1
e
e
-
'~
4.
EFFECTIVE DATE. This ordinance shall be in full force from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL THIS 11th DAY OF JANUARY, 1999.
Mayor Charles Scoma
City of North Richland Hills, Texas
ATTEST:
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO CONTENT:
Department Head
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
Ord. 2349
Page 2
CITY OF
NORTH RICHLAND HILLS
Department: Finance / Parks & Recreation
Council Meeting Date: 1/11/99
Subject: Award Bid for Tree Planting at Various Parks to Lone Oak Agenda Number:
Landscape in the Amount $39,255 - Resolution No. 99-01
PU 99-01
In the 1998/99 CIP budget Council appropriated funds for miscellaneous park
improvements. Included is funding for tree planting at miscellaneous locations. Formal
bids were solicited for the tree planting project and the results are outlined below.
Lone Oak Landscape
$39,255
$43,478
$47,640
$62,204
$64,593
Slater Lawn Service
Sprinkle & Sprout
Innovative Landscape
Qualitiscape Services, Inc.
Bush Landscaping
$37,637 did not meet minimum specifications
The specifications called for trees to be planted at Richfield Park, Walker's Creek Park,
Norich Park, Green Valley Park, Bursey Road Senior Center, Richland Tennis Center, City
Hall, Mid-Cities Blvd. and Bedford-Euless Road. The project must be completed within 45
days. Bush Landscaping was low bid on the project but did not fulfill the requirements of
the specifications by failing to submit a bid bond with their bid package. Lone Oak
Landscape met all the specifications and general condition of the bid, they can complete
the project in the required 45 days and the references contacted gave a favorable report.
Recommendation: To award the bid for tree planting at various locations to Lone Oak
Landscape in the amount of $39,255 and pass Resolution No. 99-01 authorizing the City
Manager to execute the contract.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number 125-0000-604.79-00
SUffi<jrt Funds Available
Inance Director
---\~~ ~
Department Head Signature
'---
Pace 1 of
e
e
e
Tree Planting at Various Parks
BID #98-836
12/15/98
CONTRACTOR AMOUNT
1 Lone Oak Landscape $39,255.00
2 Slater Lawn & Garden $43,478.00
3 Sprinkle & Sprout $47,640.00
4 Innovative Irrigation & Landscape $62,203.44
5 Qualitiscape Services, Inc. $64,593.00
6 Bush Landscaping $37,637.00 did not meet specs
no bid bond submitted
Advertised in Star Telegram November 27 & December 4
and sent to CMD Plan Room
6 bids picked up, 6 bids submitted.
e
e
e
RESOLUTION NO. 99-01
- BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that:
1.
The City Manager is hereby authorized to execute the contract with Lone Oak Landscape
for the Tree Planting Project, as the act and deed of the City.
PASSED AND APPROVED this 11th day of January, 1999.
APPROVED:
Charles Scoma
Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, Attorney for the City
APPROVED AS TO CONTENT:
Larry Koonce, irector of Finance
e
el
I
I
I
e
CITY OF
NORTH RICHLAND HILLS
Department: Finance
Council Meeting Date: 1/11/99
Subject: Award Bid for Annual Uniform Cleaning Contract to
Dove Cleaners- Resolution No. 99-02
Agenda Number:
PU 99-02
In the 1998/99 approved budget, Council appropriated funds for uniform cleaning services
for several departments. Formal bids were solicited for an annual contract twice. The first
time only one bid was received so the bid was rejected and the contract re-bid. Bids were
received from Dove Cleaners and Value Cleaners on December 23. Attached is a side by
side comparison of the bids received.
The bid specifications provided a list of items to be cleaned and requested the vendor to
provide unit prices for cleaning services on each item on the list. An analysis was
performed using the number of items cleaned for a six month period last year and the
prices submitted by Dove Cleaners and Value Cleaners. Based on unit price and usage
Dove Cleaners is lower. Staff feels the bid submitted by Dove Cleaners will be the most
cost effective for the City. Dove Cleaners met all the specifications and general conditions
of the bid. They have been awarded the contract in the past and have always provided
excellent service. They provide quick service when leaving or picking up cleaning, a drive-
through service and "in by 9 out by 5" turn around for cleaning. All these services are very
beneficial and important for the Police Officers.
Recommendation: To award the bid for the annual uniform cleaning contract to Dove
Cleaners and pass Resolution No. 99-02 authorizing the City Manager to execute the
contract.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget -L
Other
Account Number Various
Sufficient Funds Available
(j":r~ '".nœO..-
cMul.~
,:k¡~~
Depa e'nt Head Signature
UNIFORM CLEANING CONTRACT 12/23/98 Bid 98-838
Value Dove
Cleaners Cleaners
e A .4 .4
~ BOU - Shirt $1.20 $1.49
BOU - Pants $1.20 $1.49
C Tufty Jacket $1.20 $1.24
0 Uniform Jump Suit $1.20 $1.24
Jacket Liner $1.20 No Charge
E Bullet Proof Vest CVR $1.20 $1.24
F Neck Tie $1.20 $1.24
SECTION II
A port Coat $1.20 $1.24
B 2 Piece Suit $2.40 $2.48
C Dress Pants $1.20 $1.24
D Shirts (dry clean) $1.20 $1.24
E Shirts (launder) $1.20 $0.88
F Neck Tie $1.20 $1.24
SECTION III
A Blouse $1.20 $1.24
eB Skirt $1.20 $1.24
C Pants $1.20 $1.24
0 Jacket $1.20 $1.24
SECTION IV
A Patches sewn on $2.50 $1.60
B Patches Removed $1.25 $1.25
C Alteration of Shirts $8.00 $7.50
0 Alteration of Pants $8.00 $6.50
E Alteration - Waist $8.00 $7.40
F Replace Pants Zipper $8.00 $8.00
$59.75 $55.96
The following bidders responded:
1 Dry Clean Super Center- too busy, do not have time
2 Comet Cleaners - has submitted bids in the past and never won
3 Town & Country Cleaners - too busy this year but will be interested next year
4 Kell Cleaners - No Bid, could not meet specifications
- 5 Classic Cleaners - out of business
Value Unit Approximate Unit Dove
Cleaners Cost Qty (6 mo) Description Cost Cleaners
e $2.49
$4,792.80 $2.40 1,997 Shirt & Pant - 1 set $4,972.53
$4.80 $1.20 4 BDU - Shirt $1.49 $5.96
$337.20 $1.20 281 BDU - Pants $1.49 $418.69
$42.00 $1.20 35 Tufty Jacket $1.24 $43.40
$42.00 $1.20 35 Jacket Liner N/C $0.00
$12.00 $1.20 10 Bullet Proof Vest CVR $1.24 $12.40
$16.80 $1.20 14 Neck Tie $1.24 $17.36
$33.60 $1.20 28 Sport Coat $1.24 $34.72
$9.60 $2.40 4 2 Piece Suit $2.48 $9.92
. $1,228.80 $1.20 1,024 Dress Pants $1.24 $1,269.76
$885.60 $1.20 738 Shirts (dry clean) $1.24 $915.12
$1,470.00 $1.20 1,225 Shirts (launder) $0.88 $1,078.00
$66.00 $1.20 55 Blouse $1.24 $68.20
$51.60 $1.20 43 Skirt $1.24 $53.32
$16.80 $1.20 14 Pants $1.24 $17.36
$7.20 $1.20 6 Vest $1.24 $7.44
$35.00 $2.50 14 Patches sewn on $1.60 $22.40
$96.00 $8.00 12 Alteration of Shirts $7.50 $90.00
$864.00 $8.00 108 Alteration of Pants $6.50 $702.00
e $8.00 Alteration - Waist $7.40
$8.00 Replace Pants Zipper $8.00
$10,011.80 $9,738.58
e
e
e
RESOLUTION NO. 99-02
- BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that:
1.
The City Manager is hereby authorized to execute the contract with DOVE CLEANERS for
the annual uniform cleaning contract, as the act and deed of the City.
PASSED AND APPROVED this 11th day of January, 1999.
APPROVED:
Charles Scoma
Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, Attorney for the City
APPROVED AS TO CONTENT:
La~~fFinance
-I
CITY OF
NORTH RICHLAND HILLS
epartment: Environmental Services
Council Meeting Date: 01/11/99
Subject: Renew Lease with North Hills Mall for Critter Connection
Resolution No. 99-03
Agenda Number:
PU 99-03
Attached is a copy of the lease for the NRH Critter Connection in North Hills Mall. The
mall provides the space free of charge, however every six months we are required to re-
new it by signing the attached document. Attached Resolution 99-03 will authorize the City
Manager to sign this and future leases with North Hills Mall.
The NRH Critter Connection continues to be a great success. To date, the off site
adoption center has adopted close to 400 dogs and cats that may otherwise have been
euthanized. We continue to draw volunteers from the community to help in the store and
merchandise sales have been excellent. All profits from the sale of merchandise are
placed in the Animal Shelter Fund which enables us to provide emergency medical care
and spay/neutering for those animals whose owners can not other wise afford it. In
addition, funds are set aside for future expansion of the Animal Services Center.
Recommendation: It is recommended that the City Council approve Resolution 99-03
authorizing City Manager Larry Cunningham to sign this and future leases with North Hills
Mall for continued operation of the NRH Critter Connection.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
h
Account Number
Sufficient Funds Available
Finance Director
-
.
-
RESOLUTION NO. 99-03
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, that:
1.
The City Manager is hereby authorized to sign this and future leases for
the NRH Critter Connection to operate in North Hills Mall as the act and deed of
the City.
PASSED AND APPROVED this 11th day of January, 1999.
APPROVED:
Charles Scoma, Mayor
A TIEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, City Attorney
·
.' I) I
. Rr~uested by: T. Willev
Urban 308 - (Revised 3/96) Shon Tenn Lease Agreement (CHGLEAS.DOC)
e
SHORT TERM LEASE FOR KIOSK, PUSHCART OR IN-LINE SPACE
THIS LEASE made as of this 18th day of, December 199-L, between LANDLORD, whose full name and
address is set forth below, and TENANT, whose full name and address is set forth below.
In consideration of the mutual covenants and conditions herein contained the parties hereby agree as follows:
1. Basic Tenus. The following terms shall have the following meanings throughout this Agreement:
A.
CENTER: Name:
North Hills Mall
Address:
7624 Graoevine Hwv.. North Richland Hills. TX 76180-8308
Make checks payable to:
Partnership-Owner Entity/FEIN#:
North Hills Mall Associates dba North Hills Mall/#36-4033661
B.
LANDLORD:
North Hills Mall Associates
C.
TENANT/SOCIAL SECURITY #:
City of North Richland Hills- Animal Services Center'
D.
TENANT'S ADDRESS:
7200-C Dick Fisher Dr. S.. N. Richland Hills. TX 76180
E.
TENANT'S TRADE NAME:
Critter Connection
e
Tenant Contact:
Pam Burnev
Phone Number: (817) 581-5771
F. PREMISES: The space at the Center known as SpacelRoom# 720 Tenant # containing
approximately 965 square feet and designated on Exhibit A hereto. This Agreement is for a
KlOSKtPUSHC.4.RT(Rl\W)lIN-LINE SPACE.
G.
TERM: The period commencing on January I
June 31 . 199-2.... (the "Expiration Date").
, 199 ~(the "Commencement Date") and expiring on
H.
PERMITTED USE:
ACCESSORIES
DOG AND CAT ADOPTON CENTER AND MISCELLANEOUS RETAIL
and for no other use whatsoever.
I. BASE RENT: $ 0.00 per month/for the Tenn (please circle one). The Base Rent shall be payable as
follows: on or before the Ist of each calendar month.
J. PERCENTAGE RENT: --º- % (the "Percentage Rent Rate") of all Gross Sales during the Tenn/each month of
the Tenn (please circle one) in excess of$ 0.00 (the "Percentage Rent Breakpoint"). *
Sales are due on the fifteenth (15th) of each month of the term.
-
K.
UTILITY CHARGE: N/A
L.
SECURITY DEPOSIT: $
N/A
M.
ADDITIONAL INSURED:
North Hills Mall Associates and Urban Retail Properties Co.
N - MERCHANDISING/SIGN FEE: N/ A . Landlord may require Tenant to submit
drawings of store/cart layout and renderings of exterior signs before move in. The services of a visual merchanáiser may
be required at Tenant's cost.
2. Premises and Term. Landlord hereby leases to Tenant, and Tenant hereby leases ftom Landlord, the Premises with the right (if this is for a
kiosk or pushcart) to operate thereat a kiosk or pushcart (as the case may be), for the Tenn subject to the tenns and conditions of this Agreement. (fTenant shall open
its business at the Premises prior to the Commencement Date (which Tenant shall not do without Landlord's advance written consent), the Tenn shall be deemed to
begin on such date as Tenant shall have opened for business, but the Tenn shall still expire on the Expiration Date.
e
3. Useffrade Name. Tenant shall use the Premises only for the Pennitted Use set forth in Paragraph I above and for no other uses. Tenant shall
operate ìl~ business at the Premises under the trade name set forth in Paragraph I above.
4. Rent and Charges. Tenant shall pay Landlord the Base Rent and the other charges set forth in Article I above in the manner provided therein,
together with any rent tax thereon and on any other rents and charges due under this Lease. (1l1e monthly rent tax, if any, is set forth in Article ( above.) Tenant shall
pay all rents and charges to Landlord at the address for the Center set forth in Article I above, Alln: Management Office, or at such other address as Landlord may
designate to Tenant from time to time. All payments of Base Rent, and all other charges and rents due Landlord hereunder (all such rents and other charges hereinafter
sometimes referred to collectively as "Rent") shall be made without set-olT or counterclaim. Payments of all Rents for partial months shall be prorated accordingly.
With respect to any charges IInder this Agreemcnt payable monthly, Tenant shall pay the charge on or before the first day of each month provided that charges lor the
first month shall be paid upon execution of this Agreement. With respect to any of such charges that are for the Tenn, Tenant shall pay the full amount upon execution
of this Agreement.
_ 5. Percentage Rent. "Gross Sales" shall mean the total amount of the actual sales price, whether for cash or credit, of all sales made at the
,. Premises, without any exclusions, except that sales tax received shall be excluded. Tenant shall record all sales in accordance with generally accepted accounting
practices and shall make such records, as well as copies of all sales tax reports, available to Landlord upon demand. Tenant shall pay Percentage Rent as follows: a. IF
TENANT PAYS PERCENTAGE RENT BASED UPON A PERCENTAGE RENT BREAKPOINT FOR TIlE TERM, Tenant shall pay Landlord the Percentage Rent
Rate of all Tenant's Gross Sales during the Tenn which are in excess of the Percentage Rent Breakpoint. Tenant shall pay Percentage Rent beginning with the first
month of the Tenn in which the aggregate amount of Gross Sales exceeds the Percentage Rent Breakpoint and Tenant shall pay Percentage Rent for each month
thereafter during the Tenn. Within 2 days after the end of each calendar week (i.e., the seven day period ending on Sunday) during the Tenn, Tenant shall deliver to
Landlord a statement certified by Tenant of Tenant's Gross Sales for said week, and within IS days after the end of each month of the Tenn Tenant shall deliver to
Landlord a statement certified by Tenant of Tenant's Gross Sales for the month, together with the amount of any Percentage Rent due for the month. Tenant shall,
within IS days after the end of the Tenn, fumish Landlord a statement certified by Tenant of Tenant's Gross Sales for the Tenn, togèther with the amount of any
additional Percentage Rent due. b.IF TENANT PAYS PERCENTAGE RENT BASED UPON A MONTIn...Y PERCENTAGE RENT BREAKPOINT, Tenant
shall pay Landlord the Percentage Rent Rate of all Tenant's Gross Sales during each month of the Tenn which are in excess of the Percentage Rent Breakpoint. Within
2 days after the end of each calendar week during the Tenn, Tenant shall deliver to Landlord a statement certified by Tenant of Ten ant's Gros~ Sales for said week and
within IS days after the end of each month of the Tenn Tenant shall deliver to Landlord a statement certified by Tenant of Ten ant's Gross Sales for the month, together
with the amount of any Percentage Rent due for the month. c. IF TENANT PAYS ONLY PERCENTAGE RENT UNDER TIßS AGREEMENT AND DOES NOT
PAY BASE RENT (such that there is no Percentage Rent Breakpoint), Tenant shall pay Landlord for each week or partial week the Percentage Rent Rate of all Gross
Sales in said week. Tenant shall within 2 days after the end of each calendar week deliver to Landlord a statement certified by Tenant of Tenant's Gross Sales for the
week, together with the amount of the Percentage Rent due for the week. Also, Tenant shall, within IS days after the end of the Tenn, furnish a certified statement of
Gross Sales for the Tenn, together with any additional Percentage Rent due.
6. Interest and Late Charge, If Tenant shall fail to make any payment of Rent to Landlord when due, interest on said late payment shall accrue at
the rate of one and one-half percent (1-1/2%) per month, or the highest rate pennitted by applicable law, whichever is less, from the date said payment was due, and
said interest shall become due and payable on the first day of the month following the month in which said payment was due. In addition to any interest charges due on
account thereof, if Tenant shall fail to make any payment of Rent or any other charge to Landlord within three (3) days after the date said amount was due, Tenant shall
pay Landlord a late charge off our percent (4%) of the overdue amount, but not less than Fifty Dollars ($50.00), which late charge shall become immediately due and
payable. The aforesaid interest and late charges shall not limit Landlord's other rights and remedies provided for herein on account of Ten ant's failure to make payment
when due.
e
7. Security Deposit. Tenant shall deposit with Landlord a Security Deposit in the amount set forth in Paragraph I above to secure Tenant's
perfonnance of each and every covenant and agreement to be perfonned by Tenant hereunder. Landlord shall have the right, at its option, to apply all or part of the
Security Deposit toward the payment of the amounts required to remedy any default of Ten ant in the payment of Rent or in the perfonnance of any other covenant or
agreement contained herein, provided, however, the existence of the Security Deposit shall not affect the rights of the Landlord in the event of any such nonpayment or
failure to perfonn, nor shall the same in any way limit Tenant's responsibility therefor, and shall not preclude or extinguish any other right or remedy to which Landlord
may be entitled. If Landlord applies all or part of the Security Deposit, Tenant shall, upon notice from Landlord, pay to Landlord an amount sufficient to restore the
Security Deposit to the original full amount. Upon tennination of this Agreement, Landlord shall reimburse Tenant for the amount of any unused portion of the
Security Deposit and in no event shall any interest be due and owing thereon. .
8. Work at Premises. Tenant takes the Premises in an "as is" condition. a. IF TIßS AGREEMENT IS FOR A KIOSK, and ifa kiosk structure
currently exists at the Premises, Tenant shall take said kiosk in an "as is' condition, except that Tenant shall be required to renovate, upgrade and redecorate the kiosk
as may be reasonably necessary in order that the kiosk be in first-class condition. lfa kiosk structure does not currently exist at the Premises, Tenant at its sole cost and
expense shall construct a kiosk at the Premises in accordance with such criteria as Landlord may furnish Tenant. Tenant shall not commence construction of the kiosk
until Landlord has consented in writing to Tenant's plans and specifications for the kiosk. Tenant shall perfonn the construction work for the kiosk only at such times
as are approved in advance by Landlord. b. IF TIßS AGREEMENT IS FOR A PUSHCART, unless Landlord furnishes the pushcart, Tenant shall at its cost provide a
pushcart. The design and appearance of Ten ant's pushcart shall be subject to Landlord's advance written consent. c. IF TIßS AGREEMENT IS FOR AN IN-LINE
SPACE, Tenant shall perfonn any work to the Premises necessary to make the Premises suitable for Tenant's operations. All such work shall be subject to Landlord's
advance written approval.
Tenant shall not make any alterations to the kiosk or pushcart or the in-line space (as the case may be) without Landlord's advance written consent. Tenant
shall pay all taxes based on any property of Tenant, real or personal, which shall at any time be in the Premises or any other part of the Center, including Tenant's
installations, additions, improvements, fixtures and personal property. Tenant shall not suffer any mechanic's lien to be filed against the Premises or any other part of
the Center by reason of any work, labor, services, or materials perfonned at or furnished 19 the Premises for Tenant or anyone holding the Premises through or under
Tenant. If a mechanic's lien shall be so filed, Landlord may remove it at Tenant's expense.
9. Utilities. Tenant shall be responsible for obtaining elecUical service at the Premises and shall pay all bills therefor when due provided,
however, if Landlord shall elect to furnish electricity to Tenant, Landlord shall make available to Tenant at the Premises electrical current for use in Tenant's business
and Tenant shall pay for said elecUical service as billed by Landlord, or as set forth in Paragraph I if set forth therein. Landlord shall not be required to provide
telephone or any other utilities to the Premises.
e
10. Maintenance and Use of Premises, Tenant shall at all times observe the following rules and regulations with respect to the Premises: (a)
Tenant shall maintain the Premises and the area around it in a clean, sanitary, attractive and safe condition and in good repair; (b) Tenant shall not perfonn any act or
cany on any practice which constitutes a nuisance to persons at the Premises or the Center or which Landlord shall otherwise detennine to be offensive or dangerous;
(c) Tenant shall store all trash and garbage at the locations designated by Landlord and shall not bum any trash or garbage in or about the Premises or anywhere else in
the Center; (d) Tenant shall at all times comply with all laws, rules and regulations pertaining to the Premises or the conduct of Tenant's business thereat promulgated
by any governmental agency having jurisdiction with respect thereto (including. without limitation, the Americans with Disabilities Act); (e) Tenant shall not pennit
loudspeakers, televisions, phonographs, radios, flashing lights or other devices to be used in a manner so as to be heard or seen outside of the Premises; (I) Tenant shall
perfonn all loading and unloading of goods <!nly at such times and in such areas as is designated by Landlord for such purpose; (g) Tenant shall not disUibute any
handbills or other advertising material in the Center; (h) Tenant and its employees shall park their cars only in such portions of the parking lots serving the Center as
Landlord shall designate to Tenant; (i) Tenant shall not pennit food or beverage to be consumed at the Premises; and 0> Tenant shall not use, bring upon, or generate at
the Premises any substance which is now or hereafter deemed hazardous or toxic by any governing or regulatory body having jurisdiction. Tenant shall comply with
such other reasonable rules and regulations as Landlord may from time to time adopt with respect to the Center.
II. Signs. Tenant shall not inscribe, paint or affix any sign, advertisement, display or notice on any part of the Premises, the kiosk or push-cart or
the Center, except as Landlord may approve in advance in writing. Landlord may require Tenant to install a sign pursuant to Landlord's criteria.
12. noun of Operation. Tenant shall be open fur business at the Premises during the entire Tenn at such hours and on such days and evenings of
the week as may be detennined by Landlord to be in the interests of the Center as a whole. For any day Tenant shall fail to De open the full hours required by
Landlord, Tenant shall pay Landlord a fee 0[$50.00, without limitation to any other rights and remedies of Landlord. Tenant shall at all times maintain a fully stocked
supply ofinventory, and shall otherwise diligently operate its business at the Premises during the Tenn.
13. Access to Premises. Landlord reserves the right to enter upon the Premises at all reasonable hours for the purpose ofinspecting the same, or the
use thereof by Tenant, or for making emergency repairs. The exercise by Landlord of any ofits rights herein shall not be deemed an eviction or disturbance of Ten ant's
use and possession of the Premises.
e
14. Insurance. Tenant shall maintain in full force and effect during the Tenn, and any time prior to the beginning of the Tenn it does any work at
the Premises, commercial general liability insurance with respect to personal injury or death or property damage or destruction occurring at the Premises or arising out
of Tenant's use of tile Premises or otherwise arising out of any act or occurrence at the Premises. Said insurance shall be in an amount of at least Two Million Dollars
($2,000,000) per occurrence for an in-line space, One Million Dollars ($1,000,000) per occurrence for kiosks or push-carts, and shall include workers compensation
insurance as required by statute and employer's liability insurance in an amount of at least $500,000 per occurrence. Tenant shall also maintain insurance insuring the
kiosk or pushcart (as the case may be) and Tenant's inventory, fixtures and other personal property at the Premises covering damage by fire or other casualty to such
property. Said insurance shall be in amounts not less than the full replacement cost of such property. For in-line tenants, Tenant should also maintain plate glass
insurance. If any contractor of Tenant perfonns any work at the Premises, said contractor shall also obtain the foregoing insurance. Said insurance shall be issued by
companies satisfactory to I.andlord. All the policies for the foregoing insurance shall name Landlord, and such other parties as Landlord may designate, as additional
insured. Prior to the Commencement Date and at such times as the policies are to expire, Tenant shall furnish Landlord with certificates of insurance evidencing that
such insurance is in el1èct or has been renewed, as the case may be. Tenant hereby waives all subrogation rights of its insurance carriers in favor of I.andlord, its
e
e
e
.
P!\.l1l1crs, officers, employees, and agents, and shall obtain from its insurer a waiver of subrogation in favor of Landlord and such other parties as Landlord designates as
- additional insured with respect to all such insurance.
e
. 1 S. WaIver of aalm. and IndemnIty. To the extent not prohibited by law, Tenant shall Indemnity, defend and save harmless Landlord ûom and
agmnst any and all liability, claims. damages, costs and expense, including without limitation, attorneys' fees, resulting ûom or in connection with Tenant's use or
occupancy of the Premises and Tenant waives all claims against Landlord for injury to persons, damage to property or to any other interests of Tenant sustained by
Tenant or any person claiming through Tenant resulting ûom any occurrence in or upon the Premises or the Center including. without limitation, any interruption in
any utility service or any alleged failure to provide adequate security services. It is understood that all persons and property brought, invited or pennitted upon the
Premises by Tenant in connection herewith shall be at the sole risk of Ten ant, and Tenant shall save Landlord harmless ûom any and all liability arising ûom or in
connection therewith. For purposes of this paragraph, the tenn "Landlord" shall mean and include Landlord and its and their partners, officers, directors, employees,
agents.
16. Assignment. Tenant shall not sell, assign, mOrtgage, pledge or in any manner transfer this Agreement or any interest herein. nor sublet or
license all or any part of the Premises, by operation of law or otherwise. Landlord may assign this Agreement.
17. Substitute Space; Termination; Damage. At any time hereafter, including prior to the Commencement Date, Landlord may substitute for the
space designated herein as the Premises (the "current space") other space at the Center (hereinafter referred to as the "new space") and Tenant shall pay the expenses for
moving ûom the current space to the new space. Also, Landlord may tenninate the Tenn at any lime (including prior to the Commencement Date) upon two (2) days'
notice. If the Premises are damaged by fire, explosion. or other casualty or occurrence Landlord may by notice to Tenant elect to repair the Premises (in which event
Tenant shall promptly reopen for business after completion) or tenninate the Tenn. In the event oftennination by Landlord pursuant hereto, Tenant shall be entitled to
a pro rata refund of any advanced rental payments made by Tenant.
18. Default. If (i) Tenant shall fail to pay when due any installment of Rent due hereunder, or (ii) ifTenant shall fail to perfonn or comply with any
other tenn, condition or covenant on the part of Tenant to be observed herein, then, In any such event, Tenant shall be in breach hereunder and Landlord, at its option,
any time thereafter, may tenninate this Agreement by notice to Tenant and, upon service of said notice. this Agreement and the Tenn hereunder shall be tenninated and
Tenant shall immediately vacate the Premises in accordance with the provisions of this Agreement. If Tenant shall rail to vacate the Premises at the expiration of the
Tenn, whether after Tenant's breach or otherwise, Landlord may re-enter the Premises and remove Tenant and all persons, fixtures and property occupying the
Premises and Landlord shall not be liable for any damages resulting thereûom. Upon a breach by Tenant hereunder Landlord shall also have all other rights available
to it at law or equity. If Landlord shall tenninate this Agreement after breach by Tenant, without limitation to any other right or remedy of Landlord, Tenant shall be
liable to Landlord, as liquidated damages and not as a penalty, ror a sum of money equal to the value of all Rent due hereunder for the remainder of the Tenn,less the
fair market value of the Premises for the remainder of the Tenn. Tenant shall pay all costs, expenses and reasonable attorneys' fees that may be incurred or paid by
Landlord and its agents in successfully enforcing the covenants and agreements of this Agreement. If Tenant shall fail to comply with and perfonn any of Ten ant's
obligations herein contained, Landlord shall have the right, but not the obligation, to perfonn any such obligations, and Tenant shall pay to Landlord on demand, as
additional rent, a sum equal to the amount expended by Landlord in the perfonnance of such obligations.
19. Surrender of Premises. Upon the expiration of the Tenn Tenant shall surrender the Premises to Landlord in the same or better condition as the
Premises were in upon delivery to Tenant, reasonable wear and tear excepted, and in a neat, clean and orderly condition and in good repair. Tenant shall remove any
and all merchandise and other personal property of Ten ant ûom the Premises at the expiration of the Tenn. If this Agreement is for a kiosk or pushcart, Tenant may
remove the kiosk or pushcart only if Tenant itself had installed the same. If Tenant does not remove its property as herein provided such property shall be deemed
abandoned by Tenant and Landlord may dispose of same as it sees fit. If Tenant shall fail to surrender the ìlremises upon the expiration of the Tenn, Tenant shall pay
Landlord, as liquidated damages and not as a penalty, a sum equal to twice the Rent provided for in this Agreement, prorated on a per diem basis, provided in no event
shall Tenant be liable for less than fifty dollars ($SO.OO) per day, for all the time Tenant shall so retain possession of the Premises beyond the expiration of the Tenn
plus any additional payments provided for in this Agreement.
20. LimItation of Landlord's Liability. Any liability of Landlord for the purposes hereof (including without limitation Landlord's partners,
directors, officers, affiliates, agents and employees) to Tenant shall be limited to the interest of Landlord in the Center and Tenant agrees to look solely to such interest
for the recovery of any judgment, it being intended that Landlord shall not be personally liable for any deficiency or judgment.
21. Brokerage Fees. Tenant shall pay and hold Landlord harmless ûom any cost, expense or liability (including costs of suit and reasonable
attorneys' fees) for any compensation, commission or charges claimed by any realtor, broker or agent with respect to this Agreement and the negotiation thereof, other
than a broker with whom Landlord has signed a written agreement relating to this Agreement.
22. Notices. Notices and demands required or pennitted to be given hereunder shall be in writing given by personal delivery or be sent by certified
mail, return receipt requested, addressed, if to Landlord, at the address of the Center listed in Paragraph I above, Attn: Management Office, or such other address as
Landlord may designate by notice to Tenant ûom time to time, and, if to Tenant, at the address of the Premises. Notices and demands shall be deemed to have been
given when mailed or, ¡fmade by personal delivery, then upon such delivery.
23. Miscellaneous. Landlord reserves the right at any time to Install additional kiosks and push~arts at the Center; change the location or character
of or make alterations in or additions to the common areas or other parts of the Center and otherwise alter, repair or reconstruct or change the common areas or other
parts of the Center. Tenant agrees that Landlord may without notice prior to or during the Tenn, perfonn checks of Ten ant's credit worthiness. The failure of Landlord
to insist upon perfonnance by Tenant of any of the tenns, conditions and covenants hereof shall not be deemed a waiver of any subsequent breach or default in the
teons, conditions and covenants herein contained. All obligations (including indemnity obligations) herein shall survive the expiration of this Agreement. Nothing
contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of
joint venture between the parties hereto. This Agreement shall be construed in accordance with the laws of the state in which the Center is located. The submission of
this Agreement for examination or execution does not constitute an offer or a reservation or an option for the Premises, and this Agreement shall become effective only
upon execution by Landlord and delivery thereof to Tenant. This Agreement contains all of the agreements between the parties hereto or their successors in interest.
The tenns, covenants and conditions contained herein shall inure to the benefit of and be binding upon the parties, and their respective successors and assigns. Neither
party shall record this Agreement.
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written.
TENANT:
LANDLORD:
CITY OF NORTH RICHLAND HILLS
NORTH HILLS MALL ASSOCIATES
By:
Name Printed: Charles Scoma
By:
Ross Glickman, National Director of Leasing
Title:
Mavor
Tax Exempt #: 75-6005194-2
3
.
e
. -
I
,
..
I
..
..
e
EXIIIUI r ^
"'1
o
r;;
~
(f)
~
(I)
~1
~u
......
''tJ
I~
......
L:
()
P:>
o
o
:><:
()
M
Z
trj
~
.. :.>
trJ. t-<
r1~
°0
>--<
~
ITj
is::
:Þ-
R
::ú
~
CIÌ
CITY OF
NORTH RICHLAND HILLS
Department:
Parks and Recreation Department
Council Meeting Date:
1/11/99
Subject:
Maintenance Fees for Athletic Field Maintenance @
Walker's Creek Park and Fossil Creek Park
Agenda Number:
GN 99-03
The Parks and Recreation Board, at their December 7, 1997 and their January 4, 1998
meetings, discussed implementing a maintenance fee for the purpose of offsetting the costs
associated with the City maintaining athletic fields for use by the North Richland Girl's Softball
League (NRGSL) and Little Miss Kickball.
A similar program has been successfully developed and implemented for the use of the
soccer fields at Green Valley Community Park by the soccer associations.
NRGSL currently prepares the fields at Fossil Creek Park for their league and tournament
play. The Parks and Recreation Department, at no cost to NRGSL, performed the athletic
field maintenance responsibilities at Walker's Creek Park this past fall season. This service
was provided by the Department, since the clay infields had not been properly constructed by
the contractor, and playing conditions were less than ideal.
The following maintenance responsibilities are based on an estimated three days per week
for seven fields (Walker's Creek and Fossil Creek) for a total of 210 field preparations, during
the NRGSL ten-week spring season. The Little Miss Kickball League requires fewer field
preparations which is reflected in their lower proposed fee.
Painting of foul lines
Dragging and leveling base lines
Dragging and leveling skinned infield areas
Chalking designated areas
Topdressing / tilling infield conditioner
Clay and sand amendment
In addition to the maintenance tasks associated with the maintenance fee program, staff will
continue to provide at no cost to both organizations, the following sports field turf services
Aeration
Fertilization
Over seeding
Top dressing of outfields
Pesticide application
Mowing
NRGSL has successfully worked with Little Miss Kickball to establish joint use of the fields at
Fossil Creek Park, and both organizations have expressed interest in participating in the
proposed maintenance program. Staff evaluated our anticipated labor and supply costs and
developed the following proposed user fees by dividing the total maintenance cost by the
anticipated number of participants (provided to us by each sports association).
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _
Other
~ '-~ ~9<-.-r-- ~
Department Head Signature
CITY COUNCIL ACTION
Acct. Number
Sufficient Funds Available
J
FIIIM..- 0ftCIcIÌ'
Page 1 of
2-
-
'J
e
CITY OF
NORTH RICHLAND HILLS
These fees are based on the spring season of league play and do not include tournaments or
other special events. The maintenance fee for tournaments or other special events will be
based on a flat fee of $30 per one-time field preparation per field.
The proposed fees are based on technical and professional field maintenance practices
employed by our staff over the last decade for our adult softball program. Calculations were
derived from the materials and labor necessary to perform the maintenance responsibilities
outlined above, and the recommended fee represents only 70% of the actual costs of
providing the service.
In an effort to keep the total registration and user fees low for the participants of NRGSL, the
Parks and Recreation Board recommended the proposed fee recover only 70% of the actual
costs this first year. This same philosophy was used in developing the fee program approved
by City Council for the soccer associations. Since initially implementing the soccer
maintenance fee, at 70% direct cost recovery, the growth in participation has resulted in
nearly 100% of direct cost recovery at this time.
The estimated fees for 100% direct cost recovery for the NRGSL spring season would be $17
for residents and $21 for non-residents. The Board discussed evaluating the appropriate
pecentage of cost recovery again at the conclusion of the spring season. The proposed
maintenance fee, at 70% of direct cost recovery, for each activity are as follows:
NRGSL User Fee
Little Miss Kickball
$15 Non-resident
$12 Non-resident
$12 Resident
$10 Resident
Little Miss Kickball representatives supported the recommended fee as presented to the
Parks and Recreation Board at their December 7, 1998 meeting. NRGSL representatives
requested the opportunity to meet with staff to discuss implementing the program. Staff met
with the NRGSL Board on December 16, 1998, and responded to questions and comments
about the proposed maintenance fee program.
At the January 4, 1999 Park Board meeting, NRGSL expressed concern over the actual cost
of providing the maintenance services as compared to the costs established by staff to arrive
at the proposed fee.
The Board concurred that the program should be implemented for this spring season. After
this season, staff would be directed to re-evaluate the actual maintenance costs compared to
the revenue from the proposed fee, and ensure that NRGSL would not be overcharged.
Recommendation:
To approve the recommended maintenance fees for Girl's Softball and Little Miss Kickball at
Walker's Creek Park and Fossil Creek Park as recommended by the Park and Recreation
Board.
Page L of Z
...........
..
CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections
Council Meeting Date: 1/11/99
Subject: Public Hp-~ring to r.on~irfp.r thp. RP.C"JIIP~t of Rill GiE'tE''TIa Agenda Number: Pl 98-40
Of Arcadia Realty Group for a Change of Zoning from 11-lndustrial,
C1-Commercial; 12-lndustrial & R7-Multi-family to Town Center District
On Approximately 280 Acres in the C. Walker Surveys, A-1652 & 1653;
T. K. Martin Survey, A-1055; and the J. Barlough Survey, A-130.
Ordinance No. 2360
The City of NRH has received an application for the Town Center Zoning District. The City Council,
on December 21, 1998 approved the establishment / creation of a Town Center zoning district. The
zoning change application was considered and approved by the P&Z on December 17, 1998. This
property contains approximately 280 acres and is bounded by Davis Boulevard, Mid-Cities
Boulevard, Grapevine Highway & Precinct Line Road. This property is currently zoned a mixture of
commercial, industrial and multi-family. The project originally consisted of approximately 330 acres.
The reduction of the total acreage is because property north of Mid-Cities Blvd is no longer a part of
the zoning change application.
In the recent past there has been action taken by the Planning and Zoning Commission and the City
Council regarding the Town Center. The P&Z and Council have: 1) Revised the Comprehensive
Land Use Plan; 2) Amended the Master Thoroughfare Plan to allow the street types proposed and
the realignment of Smithfield Dr. East, Amundson, Newman, and Simmons Dr.; and 3) Established a
Town Center Zoning District. This application is for a zoning change to the recently approved Town
Center Zoning District.
The developer has provided a spiral bound information booklet titled "North Richland Hills Town
Center", which is attached. Please refer to this document regarding the specifics of the development.
The Regulating Plan figure 1A, the Town Center Core Parking Count page 14, and the Street Types
map on page 15 are the important sources of information for this zoning case. These figures and
plans are site specific and deal with the proposed development.
In the attached booklet please refer to the Regulating Plan for the proposed Town Center. It
indicates 4 subzones; 1) Neighborhood Edge, 2) Neighborhood General, 3) Neighborhood Center,
and 4) Commercial Core. A brief description of these subzones follows:
Neighborhood Edge: The most pure residential zoning district. Uses permitted are residential uses
and other restricted uses in the ancillary building.
Neighborhood General: Primarily residential but allows for mixed uses. It carefully creates, controls
an a ows a mlxe -use envlronmen . Finance Review
Source of Funds:
Bonds (GO/Rev.) _
Operating Budget _
Other
~
Acct. Number
Sufficient Funds Available
Department Head Signature
CI
Finance- D'.cto;
Page 1 of
-
0"",
~
Neighborhood Center: The social center of the neighborhood. It is at the center of the
neighborhood and encourages mixed use.
Commercial Core: The densest portion of the Town Center. It encourages commercial development
with retail at grade. Uses are arranged vertically. A strong sense of urbanity is created by strict
delineation of frontages and public space.
As indicated above, the project totals approximately 280 acres. Realistically the property will develop
in a phased sequence. Information from the developer indicates a 1 O-year build out. The applicant!
developer will be prepared to discuss the proposed phasing at the meeting.
The applicant is proposing to utilize shared parking agreements for the site. Information regarding
the location of the shared parking agreements is indicated in the attached booklet as Town Center
Parking Count. The shared parking regulations are included in the TND District Ordinance that was
passed by the Council on 12.21.98. Review of parking for a use in the development will take place at
the building permit stage. The developer of a site in the Town Center will be required to provide
parking in accordance with the TND Ordinance.
The applicant is proposing to use materials that are permitted in the TND Ordinance passed by the
Council on 12.21.98. This includes stucco, hardiplank, and clapboard. These materials, according to
the amended masonry definition, are specifically prohibited in the City of NRH. The applicant will be
presenting information relative to proposed building materials and architectural standards during the
meeting.
The proposed street patterns for the development are attached in the Town Center booklet as Street
Types exhibit. Please refer to this illustration for information regarding the proposed streets for the
development. The NRH Fire and Police Departments have been included in the review of the Plan
and were included in the design workshop. All input from emergency services has been taken and
applied to the development.
All property owners within 200' of this zoning change application have been notified. Staff has
received a letter of support from the Homeowners' Association of Spring Oaks. This letter is attached
for your review.
This request is in conformance with the Comprehensive Plan as amended by the Council on
12.21.98
RECOMMENDA TION:
The Planning & Zoning Commission considered this item at its December 17, 1998 meeting and
recommended approval.
To approve PZ 98-40 and Ordinance No. 2360.
CITY OF NORTH RICHLAND HILLS
-
e
6.
PS 98-57
PUBLIC HEARING TO CONSIDER THE REQUEST OF MR. BILL GIETEMA
OF ARCADIA REALTY GROUP FOR A CHANGE OF ZONING FROM 11-
INDUSTRIAL, C1-COMMERCIAL, 12-INDUSTRIAL AND R7-MUL TI-FAMIL Y
ON APPROXIMATELY 280 ACRES IN THE T.K. MARTIN SURVEY, A-1055;
AND THE J. BARLOUGH SURVEY, A-310. ORDINANCE NO. 2360
APPROVED
Chairman Davis opened the public hearing and asked staff for a brief summary
while Mr. Gietema prepared to make his presentation.
Mr. Baker explained that staff has been working with the developer for
approxirnately 2 years. The project has proceeded through various steps and
intense reviews. He explained that internationally known City Planner, Andreas
Duany designed this project. Mr. Duany was present in October for a week of
presentations and discussions with staff, City Council, the Planning & Zoning
Commission as well as citizens.
e
Mr. Bill Gietema, Arcadia Realty, stated that after a long, extensive work, the
Town Center was nearly a reality. Mr. Gietema did a PowerPoint presentation
showing an overview of the site and the methodology used in creating the
"center" and the architectural design and materials proposed. He explained that
he had met with the Homeowners Association of Spring Oaks Estates in the
early stages of this development and what they learned from them was that
community, when given a choice, wanted to be included in the Town Center. In
order to accommodate this, Smithfield Road East and Amundson Drive, which
currently abut the addition, will be decreased in speed. This will be achieved by
cutting down the two streets and deflecting it downward towards the square and
internalizing it.
Mr. Gietema explained the layout of the Town Center and the subzones that will
exist and stated he would answer any questions.
Responding to a question, Mr. Gietema explained that there is an essential
disconnect between what people want and what they buy. He did another
PowerPoint presentation showing the outcome of a survey conducted and how
they determined that people are only buying what's available. In this
presentation he demonstrated, through results of their survey, that people
actually preferred the traditional housing designs and materials opposed to what
they are buying. Old style front porches were preferred, according to the survey.
e
Chairman Davis called for additional proponents.
Page 6 12 /17/98
P & Z Minutes
-
e
Mr. Arthur Mcilwain, 6104 Roaring Springs, spoke in favor of the town center.
Seeing no additional proponents, and no opponents, the public hearing was
closed.
Responding to a question, Mr. Jerry Sylo, Richard Ferrara Architects, the
consulting firm hired by the City to help guide through the transition of
establishing this district, stated that this case does meet all the requirements the
newly created Town Center District have established.
Mr. Wood, seconded by Mr. Nehring, moved to approve PZ 98-40. The motion
carried unanimously.
e
-
Page 7 12/17/98
P & Z Minutes
-
e
o
V
I
~
N
0..
e
E-
~
+-
c
~
tV
s::
~
o
J-
-c
~
CI)
o
a.
o
E-
'0..
-
+-
u
e_
L.
+-
CI)
e-
O
I
- '~<.~ I·l'~ I Fc.-
. 1, "" "~~,, \ r.¡ 1- ~ "
.~ "'.,"". .. . .. "-
8-~-·~ . .-"-'~'I\ 'fr~; 'j -;,' .:" . ~~\-=\""i I .
I . \ '"",; ~~! :.. -J.-:+
' ·'1 . ~\ Q I
. . - 1».' "",.
""" -¡ '. to.."-:t:~ I
þ- .1 .\ ~ .' ~'~~'~I
Ii J i,,:, " . . '"" "~;-"1
! \ ~;I ~. .. '¡ ,~.~
~\ i I.. _ -A... !,
,\ --' . .- - ~ ." ì ~
ïï;¡. Il' - . ...-1 ',' .......1 i ,
"""""w ¡ . I, f-; ..;;,' v J" : ',- /,
~ ... ," i .b _ " '1\ ".
~~Iß 5J 5 ': , :: · ~ ~ ~,';. ¡ j Ij :~:i ~ ~
"" - I"'''... ~ 'i I'j I' 1\.
-.. . i .
"- , >- :..."",' I i "'_------,-.
~ ~ ,I f ....,.....;1. :. - '" ........ ':i-.(. " -1 _ j___ ~' ,
";l~ 1 ,;.. '''-~ 1'................: .~ 'i,,, .
., ".. oil" - I I N
., , . , .
-- '" , "'-- r i " .,
!- ~~ B·¡'~ I ~ I. ~ ~I
...., ,. .. " """,. ""'I"
" \" ".. Ii.... ;'ô W'i. '- ,
.1 1.<. ~ _ -' .! \ '" ',~ ,
. ~ , """'~!.<. .- i ~
~ : ~I,.-.- .'t ì:j 1 \! 1\
" .. , I, ~! " .
" , I\. !"'!' .~ "
í1- 11 € ~. 'j ¡/ 1 , ~
"1,,11\, , , i '"
!j 1!·;·1 1 "]J\i" Lo!1 ¡ .~
" r¡" I , 1\
' ,( r ~ 1 IN
~, ! "';
~~' ' "t'~ Ii I Ii I ! ~ L
;.. .1 ~ 'i .. ~w ! ¡';':"::r:r:pr~:~rlli.±E
"1, . N, ~=' ..'Jt; "'--~ ' ._ ~
~ I'!\; I .-~~; "tl~---~ C{:, , ~;~ ~:¡H¡Èw
æQ"~~ 4~~1"~~~~~b.,~ ,,,,,f s.~J'Ì l;~l '/~i :: :~'~ì
": :'. , +" b'tí i!¥i!\ ~.~~ 'c-?J.ît¡ f/.l .;". i'~ . ~'~J~:i~~ i ~ ~ !, 4~ : : i :- ~ rat
.. .. I". ""' : ~ '''''''"'%''j¡,:,," " I', ...~,{ 'I., I~ .... ~_.
. ,. -" t't>I ;"'~""", 'on '" I,c;", ., , . ,
'.", ","~ ~~", '..' I "., IV-"":::,
. .. I : :~' ,y, ~ Y" ,C-' . ,r:'!' I.: '" . " : I~. _
.. ~ ~ . '''''''''';' &; I '" ,
- - ~..: A~~~.t:ì]:~
- ..!i ;1 '''~ '7'0'''':''~, '1 ,....,1-
' , , \, '.~ .1' '. ........ 0'
I " '. ". ,., .~"\, ,.) i
,~ r -'- II I :i III'~';I ~ ~ '""'1 .;. k'~r "'~ ¡
'òj "T.:] . -! "'--:'. r ." ""L'I .
~\j1) Fi" r;,t. ,- Ii !:' J ~
~':l ~~~]- " 4'~'¡¡ Iii
.l.Ll.j \, ~c;f., I, tSI
0_._ ¡--'-'¡!¡,' ./ r:, Oh--."_ ~ 7 ,
..¡ {!;~ !;,¡ " "bv I,~~, ;' ~~~~ --,
Ii' I I =-=- -.. ~..l ~ ~ l~. ~
- -,-. 'W4 . --il·t-'- ,. . I ~
\\'1":' ..", , ",' 07 JI', , '., ,,'
~ \ \ .' :i~ ~ Ii I :',i:¥ t7:M m:-rm~~. ~
0~,~. :~J±L\~;"w. :JJ:7'.I;·..· _I' ; i : .. fi
~~< ,., :~~: : I;~ ~! .' i.I'~~'~' . .' :: ...., :.
". ~'\" \, , 'I '~"""""'" '_, .
:;J" . ....;..~.: !. . .' .
~ ,¡..:..,- " ". "\ o~ '- ., .. . .
:¡:1~: If,. f~': .\I~~. .'to'--- '1 .,
. " - \ \
~.....,~.', .',
-I
,I--
-
e
e
e
ORDINANCE 2360
AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH
ARTICLE 2, SECTION 200, OF ZONING ORDINANCE NUMBER 1874,
PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL ON
MARCH 22, 1993; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has received a request for a change in zoning district boundaries;
and
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 Ordinance No. 1874 and the
Official Zoning Map by rezoning certain property as set forth herein;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
1.
THA T, in Case Number PZ 98-40, the following described property in Exhibit 0 shall be
rezoned from 11-lndustrial, 12-lndustrial, C1-Commercial and R7-Multi-Family to Town
Center Zoning district.
2.
THA T, development of the property shall conform to the Regulating Plan figure 1A
attached as Exhibit A and included in the North Richland Hills Town Center Document
attached to this Ordinance as Exhibit E.
3.
THA T, the location of shared parking agreements be permitted as indicated in attached
Exhibit 8 and incluided in the North Richland Hills Town Center Document attached to
this Ordinance as Exhibit E.
4.
THA T, the development of streets shall conform to the Street Type figure attached as
Exhibit C and found in the North Richland Hills Town Center Document attached to this
Ordinace as Exhibit E.
Ordinance 2360
Page I
-
e
e
-
-
5.
THA T, the North Richland Hills Town Center Document attached as Exhibit E, the TND
Zoning District established by Ordinance 2350, and all exhibits attached to said
documents be used as the sources of information relative to the development of the
property diescribed in Exhibit D.
6.
THA T, the Official Zoning Map be redrawn to incorporate this zoning district boundary
amendment and the herein described ordinance number be affixed to the property
described herein.
7.
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.
8.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its
passage.
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 17th DAY OF
DECEMBER 1998.
Chairman, Planning and Zoning Commission
Secretary, Planning and Zoning Commission
Ordinance 2360
Page 2
-
e
PASSED AND APPROVED BY THE CITY COUNCIL THIS 11th DAY OF JANUARY
1999.
Mayor
City of North Rich/and Hills, Texas
ATTEST:
City Secretary
City of North Rich/and Hills, Texas
APPROVED AS TO CONTENT:
4IÞ Department Head
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
e
Ordinance 2360
Page 3
-
,
..
«
\-
~
,
,~ ,
j,
,
..
.
I
,
I
/
.......
~
rù
~
~
....
~
~
--
..
-
CIC 'D 0
.... 0 '" N
<:) - '" 0\ '" '<t
N '<t N 00 rr
E-4 '<t '<t N '<t '<
~
~
....
....
r/l < < < < < <
!.!. .... .... .... .... .... ~
Z Z Z .... -
'i-ò Z Z Z ;1
0
:~~::'-:::J.c:.'-=' ':'
If) ._.~. "t~ ,....-
.
I ....
~ !
. .... 0 0
_._~ .__..1 r/l II> '" 00 I'- I'- N r
= - 00 00 '" 00 C
0
- ...-.
-.- -.- ".-
....
!
.... 'D 0 N 'D
r/l 'D N '" N .
0 'D 00
t!: - '" '<t '" - 0 r
'<t r
0
I
.:..I
~
,g<=UQ~,""1
=
---
..
ù
í
/
/
_._ _ __. ___..._ J l__._.___
O. ..,-,......-..-,) L__,_.._____._..___._._. _._._._,--_.._.~~ ''--
- .. - - - -. r;r------·'- -. , I ----~.- ,...--..,-.-::;¡--- 0p~ " 11-
I.,L_. .'- . -- .lrl---.-.-.----- \[]; '~, '... I
\1,-·------ -"--l --.-- '\. \ '~~-~-"ù':"" ~~~ ~'''' II
il . !~, ¥f~;I'~~ ' I,
, f' "--7\ ~' /.,,"~ ,,'-', 1 i
,j t ~ ,.OJ ~ ': / "" ~,:;' "~", I ·
fit ì: 14:_--,-_-,,--,--- '~.i?\ ^\\~" :
11: :. t ~'~" V "~~,, i¡
: ¡¡ ¡ : ~L ''I.. '... .. ,~~, t t ~b
¡Il: ¡r·..---·-----·---· ¡ '\ :.. ~~ "...J! ¡.+í
I 'II I ~ ~ ,,~
l 1 I I ' IS
i,___._-____--' II ,,/.~"':i...
r~'" --K~~~-M"'-1 \ : "\ /.J'./!. '....,
I 'I \ I', r,,_, ',:'.;.'
\ r'- -- _11 l I , ... \ ~ \ r. ~ ,~ " ,
~ (' 1.-~:--.:--7...---:...7:--..:·1,.1-.::I1'-;ji::1.S-:--'~~.~(l-19:J.r:=:1J \...., ~'. ", ~ ~", "-"'\~~~<
I! ,: r;ì :'7' ~" ',I\,. . ,':':,¡
1 ì rJ _~, -'~ ' ~;' ,," ~. .,:~V'~
\ \) ( ,~-\: n' '~¡U;¿ '''~~'
, .. ~ I I II' - " r.
. $ ',' II 110 I I \ J II " ~ ,~,
¡ ,''''~ 1 "5 ill' ,.....J... .;.'~
'.1 t;¡ ~ I ~JI;~!~')I ;~j¡:jBŠ----=:ßdPaJ~ , :1 ".. ,. "
1,'\ ¡loC r.: j ·1 I"" .
,," 11.!04 -,".., 11 I: ~ ..... "
) \/) II:¡: I ,;; I~ , I ~ ~ r;¡ i{) ""~;>,
> I' ~ I' "-~J I ~', ti \ f;j! ,
~ ' I " __// ¡ , I :.¡;, ',", "cr-
'\ /'y ): (I_~~ ~ ¡ ~ ¡ R- - f ~~[ ~"", ~'
" ',/ ~/ )'1 ...',.,---'-----.h ,,:¡..::-_-.: ' I
" ~'v' ~; / I ; ....r.J.I-/l9.:.LS - - ...1 r ~ -;...'1\ c; "'"" f ,
\""\ f~"//l]: I-~ : I §) ~I p,U'-p(. ....'l.J. P 'I .;", ¡;f-;7Y"~¡1
'I ' "~,','(/ í 'I : : H /\ ~ ,,/ ~.... ,,/~ I\,. ~I '
I I ; - -. 11 'I c~vÂ" .' ,0" ~ " ~
, t-.-":::. " ~_. ¡ : \ ~ '* ~O' ').~'(" ) I
\~·:~~u .r __J ~_______) \.,~.:r.;; ,,( " ~' ~o ~~':t/ '>rrT~ j
r-'--'ì 'r~~~-"''''''''-'j\ ,--n--) ,r- Tl--~ í-l~ 8J1j~"~\ h'. . ~"V "if¿~ _l...J_ L.) t·
1 , ...1 I r ... ~ - , l- ;'I r"'..j· 1 '.- )07, ,. " ft '" .. O~'Ot -~:J .
"1 I";> ... '. J I-~'\ .}ì-~(--I" l.j,' ~~.., , ,\, - '\ /--r--'-1 '---1
\ ¡ i ¡ ...... "" r' j r 'n I -:'¡ - -I - -I.. -< I ,Ii, ,,... ~ -' '< 1 , .
, ,I;r"<:'r' ~--~r- ~ - -{:;~---j.., 'v( ~" >. ."}< ./', tr·.Jv.L ' ~---I
\ :1 i~ ~ r -~ L· 1- ..J<;I¡:t:;' .. I .. ~~:::J":¡ ...., I, ,<)n., ... <' /;c.:+/ )-'1' -r" I :"''''''-: L - -"
l, r--------- -it-·JI'\-· r- ,-,,- "<: ~¡( vl(,'..' '.. :X:' I~¡ ; I I J
I F-1; I - I .J~~" [- __.J._. ...-j y.'l 'cf 1.'1 ',I ",~~ ' li , . 'r-",.
~ \ ~:.I : 0 I, t;ïî.~;j1t~ij~r~:1 t·~;it-j~~ çl::V~-:~·IN-<'~<:/ A. ..f·:~.':D.:.~. ":-¡ì¡äff-~ t---}¡
I ¡ I !1 If-JI·-i- jL.AÍ:_4 '¡' @'t::, ';;,. r-1tl¡" t--w~-J'
ì ! I - 1 !. -. 1(" - J t t L ) Aft! /'1f"" or. ~ "" - -... ¡. J' JII. J. t .,"f"'...., ~ " . J
1 'I: II.J:·~ir--il·:.JCJr~ '., '7e{ 1II'ò).~'y "Þ°'õf-7Ÿ':·--~-·'I_~:-4..I--I\--"":__
I h II : \~_ J .... r'- -f I... ~ \-- -}~~ -, ì:'\ ø 'y .." ~ t. -.. '¡"'~ 1-- ~~·..i r .. _Œ' f
, ' : I I' 1/\,) .\ .\.;;.(1 ~.¿c~ I. II~'IJ. ., Qt·" I\,. ";>j, ':~-":¡It -:J7L' 3:r-"'~- ï
\..J. ¡"oL~õ~ tØf~'lY ~J' ~ø _ s,,;:..,- '!r.:.~oc~ ^...~'.. . )., ::III [_.1::t-'~i- --1'0"-:0<:' r ' II}.. .
I .,0-0. .:e ' e\'~"""(A"') 1. ' " 'L '''--'':¡L f"'-¡r--JL I
¡'-SL'n: \ \.:·~..fþ''''' 'i~' \,._ '\' --: \ r J ... /'. ..(\'::! n T; [' rli"i1V-f1 ~; .J~_-. L - '1
! r-¡ 1--\\.... V·j,..-~,--~~~\..íIl~~4:-\,~ ""'>-\\\P-.~l~jrll!r' :~ph'11l-"
r--'\ ~r-'-' ",-«Ii ~?r3>.,/ }~~~\/~":':::;...".] . ''', t> *~\.':..:".:;<"...:....._::;.":!.:k-!'~..U",,'A!'JJ ¡ f - ¡
i 1-·' ~"'-'-~.ÊJ- '<"':'¿\"'~~%-À:í..-"'\':\_~ . ¡.)ì. 'Q :(/. .-<:;-:;;-=;':'-::::-:-'" ''''~{i{.i' r-,
I ..--~.. -':;-:-'~Ji! v; '...\. ;1\\'/~"'_''''\\-''-Ÿ}¡;:.':J: ):>\11~ ^, ~ ~; _'~-:f::.:'.' -::::'~.. ~..~,t'{<J:.t
I I ";> ;.., "'ø·~-':s.~ /~,~/ ~(-;.. \ - ) \ ,-~ . ''- ~.-: ,.,;r.~,-.---:-!;::, ,.~--', ."'\,.
t ~ ~'_...~~ {~..~ ~ - ( !,~~~J~"/ ). (.....)~~ñ\'\ \J'" '*'-~t J ;~~. '.~. 0. ~~.."_':_~,:.~~'" ' "1
I" t---"~lA..~'} " -;¡'("V;'(";"'Y\ ..,¡y;.l·h~ ~:;:..~ 7. .-' """---'\.. ~. ~.. 1~""'"
I ëQ 1- -11 ' ~ - -~ V'\, Ç~~ff' \ ,," \ \:t:~r::;-:-~- ~~~ ,,:Pff~~~ , t.~ :..;~~:
It! ,ø.d _'.I,---).",\}I"')}\~~'-"'/"'-""',;'~~\\\\~')'\ ,\~"t..~-(.,' kr "'~i:
. ..-' . ~- - _J:5 'ß,~:~-= D _ ~! i;~-;""~l":-rl"', ~..\,)~~;'~-~ _::,.r;- ~ .-" ~,øz:.{ \" " ~'S\...~ <' \"'~~ ~\ \ ir·.~:7';!t ~!t ~t
- - - ..--- ,v .." ~"9ô'-"-""'~"Ii~ I I \.,ë·", - . . ~ 'u' '\\,....~,( {\t'.¡1.':t-' _\.II:. i 1,..- - ~.íøt '.
- "I'~..."'" "" ,~~~~~: ,- --. IJk..,J-:"'-;"'~:Ø"'~" ..- -- . ,. /'/J......'\..;.;.\.-"' -\1:.--"i, :)~ 'tj.......>l~.../ f ':'l-"'- t'.~ sl ~ ,1
I, :~ ~,..,i,':~ ~ .+-==,-~' , ... '_@-.. '~"'.' \1--\_ ..\\. .~'~~>,~.~~._~" \ \ j' 'e.'-- -' . J
/ I 1--. . ~ _ _ __.. "'''''''~-......._ - - ... ~ .. _- ..,.;;~\ ,' ,'/. ~, _~ \-:: ~"I ..~ r --;r I ("'J'&....-'-- -_'~_ ---.11
Ii ': ~~~'~rr~¡Gì('{ j;~i7tfrÆ¥;¥W;fttf\~S.~~\1\~~~~~"-ì~~~~~~t:~:~~1 "~~¡'!J' 1~. -11,\.
; : \' ;. - -'I 'Â[:JO-fì'~~~'~: ~~~J lJj:.L..,J ~~ls.U.\ ~~~l·Jk.~j\.\, ~T'-::~" ~..: ?T'; \t: ~- ~.::; ~r·:.IJ ~- :~(,' .; · ¡ ~~~-~I . :;
t >;f. "1 ( 'fr--- ~ r ., --t '~"'..oJ. \- - l' "'1 # ì" "." . . (J'".¡ "
j, I :-1 ..- : t..'fÏ::Jl'-ÎL·-Jr"!~-·-U-'-~-~'#ýI· ."'·-\......lH·{J' ··I( Jr--~- ~~i ---."
j I I ,- - I~ ~t·- , ¡ -.~ -- - J r'--~['--\ I- - t~ ~'(_. '6,-'\ '".)" ;k\"',' '. }vW,J r"-~r - 1...¡!d1u ...--' ¡
, I ¡____j,,:¡IIo..\¡-. "~L-~ ·.....jr-·4o!.l-:;Il'--J:,r-_""\/-¡\'t~rnt(\\\\~) Or,'I! lr-.;r-· r-[-'flr"\.. i"
¡\ , In --1"<: "<:f . .~, í --i!:L '-:. ~ ---\'1r -.::\ 'r" !"í':. '"' t"',\ ,'I'ì\\'-\~'-~.f.:"" ....:J~.., r ....\'--- it" -1'" - .~\ ..- r\ I
1 t . ,~ r- -.... ~ -·~L -_~ t - - -?ä~'-~\ f - --} (..J."'..... }~~~1'~' ~·;-:-I 191 .... - !....-l"'\r\~ I _~-' -~ ~ ~\i
I ! I ¡.. -I ~f-~O \..-JI) . '1, . J-RL - ',. -. - l r - -, I- .. - \ ..~- \ \ ~ i "".(Jð.'1"~O'~ \ q If:· ':J r;r J !..~ 'r ..' '_"1,1"_ _ ~¡- - f ~¡
, /-- ¡ 1 r"T ""'-Jr- J I \ -\, -, ......i~~.. ..-::-¡".....,.¡ "".¡ ~ "
II ::; : !l..Ii·~f ~. '_.1 r--· '--:} --:... f'- "'¡1'- 'n-f*~-Q~i~, .' .::-:..:.__II.--~I·-"1!:'-,.J\ .-->\":i-f\
I I t~~, .'t.I-('Y 'O..ç,lJ;::J r--·-J 1-.,- ..I ~;O'.t1Ø-·4~"f. '¡ it· i~<::1L. I r·--,\-·---..r :"\.-. ~ p~l:
l' , I¡::,' ¡ ':~,f"!~Ð-.t:i,·1-~~~'E)·Ù-lAl:)ØØ -.-:1\ f\ \ \ l..I-':-~":~/ t'. '-~..1 --Jr·-·f-'it.::...>~--- ~:
¡ I ~..,- . a) .-. L re~ ~)f;.'ì"'" \. '"---'- ìr:;," r.¡1;.-'- --- , J 's" ..,- r,l\
; \ tu ~ .' :~' _.-11 \ 1"1) l_~.:.·~.;;;:';::;O:15 ¡t., '~ --l''1'l~'' rr¡-'-'-¡ I ' 't......
_ _ -- --' >:.:::- . :-.:- ~.. /... CS'f~:1!!~_ ..~-7::-:::;;"-2?f .. ':¡Š-r-tíA.JS\ \ ._ f-.. "'í~~_- j ~-~/ !.J...I-.t..-l....¡.¡,...l...~J....I.._U\~\.
.. ..... .... , I r-o----.- --~.__.- I LA' II \ '..- -. -..... "',/'J... I; -r-' I,,", ~
, 1 I 1 - - ~ ~ I -) ·-..~w, 'I~
I I I I ' l . I j I I \ \ "'1'- - '!.l g:¡¡ II.;
! : I I I ('- '.-;: ..:-: ì , I , \ \ \ 'rt: . '\- - .: :; t
I I I I \ \ ' \ , \ I '~"> "'"' -,.. >I j
, I I I I I, \ \ \ \ \ '<'-.- _ _ _ 1..'" -rD' ~v ,'( ;"iJ
I I, II \ \ , , \ , --- i -.> ~ ,;. c/1
. -- ¡ I , 1 \ \ \ \ \ -"', ,.... ~ ø Ìi \ , I
. -- - -, 1 ì': I \ , \ \ \ \ ":1,. -;!.~rt; -. (~ \.r - .
II ' : I \ \ \ \ " ~Jr-'-.q~"'d:-. r'-I~'-1'
'¡ II \, \\ \' ]"-r1>~\jò-~ ~
II I 1"-" \ \ \ \ '''-...--·-=-rt-j'..¡.~'- it - j¿~--~
1\ r ( Ir"'-" \\ '\ -----;n-·...,.~,--t.'('-·.IiIè¡-.-1
I I . ¡ I '\',' , \ ..." ';0' ""-'111 - .:¡:¡.. - -', L ,
I I' ! \' \\ ......,,-, ~Jr'-f[) -'''-0---/ -
! , I! I \\ ) '.-.../ \, '.. 1'· - t.¡ . - -." ' L - ,
, ' I '-" ,- - -..... - µ --' --~¡r~'""7' !
. I I \\ ,,'" ..."\.' ..-,,---·-....tr---{!) '::n:_.-¡ 1--1
I 1 I v...... \ \ ..." .... ,.. 1-'-1
, \ I ~)..... \ \ ~. r - ..,' ~Ir ::' ¡.. - ·1 ì _~I
I / ...-' , , \ ><o 1;{~.~) ctI._ It. _.) _U
'-___._-..Jl---..J/" \' j!Jjc"'-"'ã'IÞ--=11 r'-
r - - --.. -- --'-'ì / \> \ \ ~¡#~~f~$~:'" 1]
¡ ¡ J \ ~I I,. 1 I.U 'S:!JI
I \ \ l'r-!"T'r! ,..1...~ ~ ..J.l:psf·.L~-l- ~.) ~ t.....·............· -\.
! ~ ""l, II n I
: ..J_,.! -:...t ~ \ -,">9l. !oIL..,. ,', -,
I . r r r T -(-'.l\0µ~ '"r .... I Ji'i7:.~ ..~,i(þ ~ -
, \ r:. 'I I j _L_ -1 I r )).... <,J Jf 'I~SØ- .. J
'-~.,,_' \ L 1t-L--,J'---J sl,yf¡,,">Y·....,..:j}trÞ .
'-. rJ rŠ;:-Yj'"""1- I t::-:¡':::I...c..' I If< '-' ;;~'6 ... r J
---_u_ --- ....,... "J 1-._../...1 I r"'7jl'¡~ ~...~, '..¡ I
\, '....... J~.:::j b ~f---~~l.J..J.<.JjJf"...~... ~ ~~i-,t~s.all
1 /-', ..... ,,_._-~ ,_.. ~,.,-_.... !.....:œ'~.. "~í"'- ~
I, { ......, '.J ,-7'~~ L:j<o: ; / /il",..,-.t <'?--1~~=-1
I
I
"
- .. . ._1..
e
e
-
11/30/1998 13:19
KERRI
PAGE 02
926-9347
II Ext+\~I-r D
"
LEGAL DESCRIPTION
TRACT ONE
BEING 251.727 acres of land, located in the L. C. WALlŒR SURVEY, Abstract
No. 1652, the L. C. WALKER SURVEy, Abstract No. 1653, the T. K. HARTIN
SURVEY, Abstract No. 1055, the J. BARLOUGB SURVEY, Abstract No. 130, and
the D. C. HANNING SURVEY, Abatract No. 1046, Tarrant County, T.xas, and
being all of the Tracts of land conveyed to Trustees, Z-Systems, Inc.,
Pool Trust by the deeds recorded in Volume 8102, Page 1374 and Volume
7875, page 591, Volume 7862, Page 157, and Volume 12844, Page 77 of the
Deed Records of Tarrant County, Texas, and also being a portion of the
TrActs of land conveyed to TrUstee., E-Syatems, Inc., Pool Trust by the
deeds recorded in Volume 7873, Page 2228 and volume 7870, Page 461,
Volume 7853, Page 2248, and Volume 7862, Page 1578 of the Deed Records ot
Tarrant County, Texas. Said 251. 727 acres being more particularly
described by metes and bound., as follows:
BEGINNING at a 1/2" iron rod found, at the Northeast corner of the
aforesaid Tract of land conveyed to Trustees, E-Systems, Inc., Pool
Trust by the deed recorded in Volume 7875, Page 591 of the Deed
Recorda of Tarrant County, Texas. Said point of beginning lying in
the Northwest right-of-vay line of State Highway No. 26 (former
Farm to Market Road NO. 121 - a 100 foot wide right-of-way). Said
point of beginning also lying within the pav_ant of cardinal Road
(County Road No. 3086);
THENCE S 45° 08' 12- W 646.40 feet, along the NOrthwest right-of-
way line of said State Highway No. 26, to a 7/S" iron rod found, at
the Intersection of the North boundary line of the 75 foot wide
Tract of land designated as Tract 1 in the deed to Texas Electric
Service Company, recorded in volume 2844, Page 281 of the Deed
Records of Tarrant County, Texas;
THENCE N 87° 01' 16" W 3724.13 feet, along the North boundary line
of said Texas Electric Service Company Tract, to a 1/2" iron rod
set, in the West boundary line of aforeaaid L. C. WALKER SURVEY,
being the East boundary line of the W. W. WALLACE SURVEY, Abstract
No. 1606;
THENCE N 00 ° 11' 10" W 364.35 feet, along the West boundary line of
said WALKER SURVEY, to a 1/2" iron rod found, at the Northwest
corner of said Trustees, E-Systems, Inc., Pool Trust Tract recorded
in Volume 7875, Page 591, of the Deed Records of Tarrant County,
Texas;
THENCE N 00° 40' 22M W 579.61 feet, continuing along the West
boundary line of said WALKER SURVEY, being the East boundary line
of J. H. BARLOUGB SURVEY, Abstract No. 130, and the East boundary
line of the Tract of land conveyed to Holiday East Mobile Home
Park, ROdman-Farrell, Inc. by the deed recorded in Volume 4877,
Page 312 of the Deed Records of Tarrant County, Texas, to a 1/2"
iron rod found, at the Northeast corner of said Mobile Bome Park
Tract;
THENCE N 89° 38' 41- W 1325.11 feet, along a fence and the common
boundary line between said E-System.s, and Holiday Mobile Home park.
Tracts, to a 1/2" iron rod found, at the Southwest corner of said
E-Syatems Tract, being the Southeast corner of the Tract of land
conveyed to C. R. Barnett, by the deed recorded in Volume 1192,
Page 22 of the Deed Records of Tarrant County, Texas;
THENCE N 000 05' 44- W 635.50 feet, along a fence and the comøon
boundary line between said E-SysteInS Tract and C. R. Barnett Tract,
to a 1/2- iron rod found, at the Northeast corner of said Barnett
Tract;
THENCE Along the North boundary line of said Barnett Tract, and the
South boundary line of said s-systema Tract, as follows:
1. N 880 57' 08" W
567.41 feet, to a 112M iron rod found;
97.98 feet, to a 1/2" iron rod found;
2. N 89° 01' 27" W
e
e
e
11/30/1998 13:19
926-9347
KERRI
PAGE 03
3. N 890 59' 20· W 600.48 feet, to a 1/2" iron rod found, at
the intersection of the East right-of-way line of Davis
Boulevard (a 120 foot wide right-of-way);
THENCE NORTHEASTERLY 649.52 feet, along the East right-of-way
line of said Davis Boulevard, with a curve to the right having a
radius of 2,754.66 feet, a central angle of 13° 18' 42", and a
chord bearing N 170 03' 00" E 648.02 feet, to a 1/2· iron rod, at
the West end of a corner clip for the intersection of the South
right-of-way line of Cannon Drive (a 60 foot wide right-of-way
conveyed to the City of North Richland Billa by the plat recorded
in Cabinet A, Slide 1554 of the Plat Recorda of Tarrant County,
Texas) with the Southeast right-of-way line of the aforesaid Davis
Boulevard;
THENCE along the South right-of-way line of said Cannon Drive, as
follows:
1. N 69° 29' 53· E 28.07 feet, to a 1/2" iron rod set, at the
Eaat end of Baid corner clip;
2. S 650 03' 22" E 323.78 feet, to a 5/8" iron rod found, at
the beginning of a curve to the right;
3. SOUTHEASTERLY 64.65 feet, along said curve to the right
baving a radius of 410.46 feet, a central angle of 090 01' 2~",
and a chord bearing S 60· 32' 39· E 64.58 feet, to a 5/8" iron
rod found, at the end of said curve;
4. S 560 01' 56· E 531.56 feet, to a 5/8N iron rod found, at
the beginning of a curve to the left;
5. SOUTHEASTERLY 273.88 feet, along said curve to the left
having a radius of 461.54 feet, a central angle of 340 00' 00·,
and a chord bearing S 73° 01' 56· E 269.eéJ' feet, to a 1/2"
iron rod set;
/"
6. N 89° 58' OS" E 316.20 feet, to a 5/8" iron rod found, at
the beginning of a curve to the right;
7. SOUTHEASTERLY 179. 5S feet, along said curve to the right,
having a radius of 540.00 feet, a central angle of 19° 01' 47-,
and a chord bearing S SOo 31' 02" E 178.76 feet, to a 5/S"
iron rod found, at the end of said curve;
8. S 71° 00' 08" E 883.09 feet, to a 5/8" iron rod found, at
the intersection of the East boundary line of said E-Sy.t~
Tract;
9. S 64° 04' 25" E
49.99 feet, to a 5/8" iron rod found;
10. S 700 59' 16" E 99.48 feet, to a 1/2" iron rod set, at the
intersection of the West right-of-way line of Amundson Drive (a
variable width right-of-way);
THENCE S 27° 40' 36" E 14.58 feet, along a corner clip for the
intersection of the West right-af-way line of said Amundson Drive,
to a 1/2· iron rod set;
THENCE S 16° 48' 59" W 20.82 feet, done¡ the West right-of-way
line of said Amundson Drive, to a 1/2" iron rod set;
THENCE S 72° 23' 56" E 80.00 feet, crossing said Amundson Drive,
to a 1/2" iron rod set, in the East right-of-way line of said
AmundsQn Drive;
TIŒNCE Along the East right-of-way line of said Amundson Drive a.
follows:
1. N 16° 57' 31" E
18.84 feet, to a 1/2" iron rod set;
11/30/1998 13:19
926-9347
KERRI
PAGE 04
e
2. N 62° 30' IS" E 13.78 feet, to a 1/2" iron rod set, for the
corner clip of said Amundson Drive, at the intersection of the
South right-of-way line of aforesaid Cannon Drive;
THENCE S 70° 59' 01" E 16.42 feet, along the South right-of-way
line of said Cannon Drive, to a 1/2- iron rod set;
THENCE N 19° 00' 59" E 80.00 feet, crossing said Cannon Drive, to
a 1/2" iron rod set, in the North right-of-way line of said Cannon
Drive;
THENCE N 70° 59' 01" W 24.90 feet, along the North right-of-way
line of said Cannon Drive, to a 1/2- iron rod set, at the
Inter.ection of the East right-of-way line of aforesaid Amundson
Drive;
THENC£ Along the East right-of-way line of said Amundson Drive, as
follows:
1. N 30° 33' 58" W
15.42 feet, to a 5/B" iron rod found;
e
2. NORTHBASTERLY 114.23 feet, along a curve to the left
having a radius of 840.00 feet, a central angle of 07° 47' 30"
and a chord bearing N Oso 32' 28" E 114.15 feet, to a 1/2"
iron rod set, at the' end of 8aid curve;
3. N 06° 30' 05" W 54.78 feet, to a 1/2" iron rod set, at the
beginning of a curve to the left;
4. NORTHWESTERLY 168.47 feet, along lIaid curve to the left
having a radius of 834.00 feet, a central angle of 12° 56' 52"
and a chord bearing N 08° 33' 17" W 188.07 feet, to a 1/2"
iron rod set, at the end of said curve;
5. N 15° 01' 43" W 115.73 feet, to a 1/2" iron rod set, at the
beginning of a curve to the right;
6. NORTHWESTBRLY 152.74 feet, along said curve to the right
having a radius of 766.00 feet, a central angle of 11° 25' 29"
and a chord bearing N 09° 18' 59" W 152.49 feet, to a 1/2"
iron rod ~et, at the end of said curve;
7. N 03° 36' 14" W 202.83 feet, to a 1/2" iron rod found, at
the beginning of a curve to the left;
8. NORTHWESTERLY 86.95 feet, along 8aid curve to the left
having a radius of 434.00 feet, a central angle of 11° 28' 42"
and a chord bearing N 09° 20' 35" W 86.80 feet, to a 1/2" iron
rod set, at the end of said curve;
9. N 15° 04' 56" W 100.00 feet, to a 1/2- iron rod .et, at the
beqinning of a curve to the right;
10. NORTHWESTERLY 124.12 feot, along said curve to the right
having a radius of 366.00 feet, a central angle of 190 25' 49"
and a chord bearing N 05° 22' 02- W 123.53 feet, to a 1/2"
iron rod set, at the end of lIaid curve;
11. N 04° 20' 53M E 126.48 feet, to a 5/B" iron rod found, at
the beginning of a curve to the left;
12. NORTHEASTERLY 28.52 feet, along lIaid curve to the left
having a radius of 434.00 feet, a central angle of 03° 45' 53"
and a chord bearing N 02° 27' 56" E 28.51 feet, to a 1/2" iron
rod set, at the end of said curve;
13. N 00° 39' 57" E
10.97 feet, to a 1/2" iron rod found;
14. N 00° 51' 34" E 98.00 feet, to a 1/2" iron rod found, at
the beginning of a curve to the left;
e
e
e
-
11/3Ð/1998 13:19
926-9347
KERRI
PAGE Ð9
. ' ,
LEGAL DESCRIPTION
TRACT THREE
BEING 6.721 acres of land located in the T.K. KARTIN SURVEY, Abstract No.
1055, Tarrant County, Texas, and being a portion of the 6.40 acre tract
of land conveyed to Trustees," E-Systems, Inc. Pool Trust, by the deed
recorded in Volume 8053, Page 2264 of the Deed Records of Tarrant County,
Texas, and a portion of the tract of land designated as Tract III in the
deed to Trustees, g-Systems, Inc. Pool Trust, recorded in Volume 8102,
Page 1374 of the Deed Records of Tarrant County, Texas. Said 6.721 acres
being more particularly described by metes and bound., a. follow.:
BEGINNING at a Texas Highway Department concrete right-of-way monument
found in the East right-of-way line of Cardinal Road at the
intersection of the West boundary line of said 6.40 acre tract and
the South right-of-way line of Kid Cities Boulevard, a. conveyed to
The State of 'l'exas by Trustees, E-Systems, Inc. Pool Trust, by the
deed recorded in Volume 11395, Page 603, of the Deed Records of
Tarrant County, Texas;
THENCE along the South right-of-way line of said Hid Cities Boulevard,
as follows:
1. N 38° 38' 05- E 62.37 feet to a 1/2- iron rod set;
2. S 89° 32' 37- B 757.52 feet to a concrete Texas Hic¡bway
Department right-of-way monument found at the intersection of
the West boundary line of the tract of land conveyed to Bobby
Osborn, by the deed.recorded in Volume 4860, Page 554 of the
Deed Records of Tarrant County, Texas;
THENCE S 00° 21' 49- W 369.10 feet along the common line between
said Tract III and said Osborn Tract to a 1/2- iron rod found at
the Southwest corner of said Osborn Tract, lying in the North
right-of-way line of Cardinal Road; .
THENCE N a9° 39' 44- W 791.15 feet alonq the North right-of-way
line of said Cardinal Road, being the South boundary line of
aforesaid Tract III and the South boundary line of aforesaid 6.40
acre tract to a 1/2- iron rod found at the Southwest corner of said
6.40 acre tract;
THENCE N 000 24' 42- W 321.75 feet along the West boundary line of
said 6.40 acre tract to THE PLACE OF BEGINNING, containing 6.721
acres (292,744 square feet) of land.
11/36/1998 13:19
926-9347
~
KERRI
PAGE 65
15. NORTHEASTERLY 102.30 feet, along said curve to the left
having a radius of 7844.29 feet, a central angle of 000 44' 50-
and a chord bearing N 00° 29' 09- B 102.30 feet, to aI/2M
iron rod found, at the end ot said curve;
16. N 00° 06' 44M E 99.99 feet, to a 1/2" iron rod found, at
the beginning of a curve to the right;
17. NORTHEASTERLY 101. 40 feet, along said curve to the right
having a radiu. of 6973.70 feet, a central angle of 000 49' 59-
and a chord bearing N 000 31' 44- E 101.39 feet, to a 1/2-
iron rod found, at the end of said curve;
e
18. N 00° 56' 43" E
19. N 06° 39' IS" E
191.90 feet, to a 1/2- iron rod found;
60.32 feet, to a 1/2" iron rod found;
20. N 000 56' 43M E 91.22 feet, to a 1/2" iron rod found, at
the intersection of the South right-of-way line of Hid Cities
Boulevard (a variable width right-of-way);
THENCE Along the South right-of-way line of said Hid Cities Boulevard,
a. follow.:
1. S 77° 46' 23" E
2. S 890 04' 59" E
3. N 790 32' 01" E
3.60 feet, to a 1/2M iron rod found;
123.00 feet, to a concrete monument found;
51.45 feet, to a concrete JDDnwnent found;
4. NORTHEASTERLY 449.87 feet, along a curve to the left
having a radius of 5789.58 feet, a central angle of 040 27' 07-
and a chord bearing N 880 16' 18u B 449.76 feet, to a concrete
monument found, at the end of said curve;
5.
6.
7.
e 8.
9.
N 860 19' 12" E
N 86° 50' 38" E
N 87° 50' 38M E
S 79° 43' II- E
54.23 feet, to a concrete monument found;
49.48 feet, to a concrete monument found;
148.43 feet, to a Concrete monument found;
50.43 feet, to a concrete monument found;
N 880 35' 38" E 116.68 feet, to a concrete monument found,
at the Intersection of the West right-of-way line of Cardinal
Road, and the East boundary line of the Tract of land conveyed
to Trustees, E-Systems, Inc., Pool Trust by the deed recorded
in Volume 7873, Page 2228 of the Deed Records of Tarrant
County, Texas;
THENCE S 000 46' SO" E 393.81 feet, along the East boundary line of
said E-Systems Tract, and the West right-of-way line of said
Cardinal Road, to a 1/2" iron rod set, in the South right-of-way
line of Cardinal Road, and the North boundary line of the aforesaid
Tract of land conveyed to Trullteell, E-Systems, Inc., Pool Trust by
the deed recorded in Volume 7870, Page 461 of the Deed Records of
Tarrant County, Texas;
THENCE Along the South and West right-of-way lines of .aid Cardinal
Road, as follow.:
1. S 860 29' 49" E
2. S 86° 56' 12" E
3. S 880 27' 14" E
219.94 feet, to a 1/2" iron rod found;
107.90 feet, to a 1/2- iron rod found;
37.23 feet, to a 1/2" iron rod found;
4. S 890 43' 37" E 925.93 feet, to a 1/2" iron rod found, at
the beginning o~ a curve to right;
5. SOUTHEASTERLY 283.30 feet, along said curve to the right
having a radius of 179.61 feet, a central angle of 900 22' 19M
and a chord bearing S 44° 32' 31" B 254.83 feet, to a 1/2"
iron rod found, at the end of said curve;
e
6. S 000 38' 35" W
1193.02 feet, to a 1/2" iron rod set;
e
e
e
11/30/1998 13:19
KERR I
926-9347
PAGE 10
l. I I
LEGAL DESCRIPTION
TRAC'I' FOUR
BEING a 6.866 acre tract of land out of the L.C. WALKER SURVEy, Abstract
No. 1652, City of North Richland Hills, Tarrant County, Texas, and being
a portion of the 75.9039 acre tract of land described by deed in Volume
9796, Page 1375 Deed Records of Tarrant County, Texas. Said 6.866 acre
tract of land being more particularly described by metes and bound., as
follows:
BEGINNING at a found 3/B inch iron rod located in the Eaat lino of said
Cardinal Lane, and also being the Westerly Northwest corner of said
75.9039 acre tract;
THENCE South 890 OS' 58" East, following along the North line of said
6.866 acre tract, for a distance of lSS.~3 feet, to a aet l/Z inch
iron rod;
THENCB South 010 54' 02" west, leaving said North line :for a distance
of 203.27 feet, to a set 1/2 inch iron rod;
THENCE South 440 04' 00" East, for a distance of 210.05 feet, to a .et
1/2 inch iron rod;
THENCE Soutb 460 14' IS" Weet, for a distance of 207.00 feet, to a ..t
1/2 inch iron rod;
THENCE South 440 04' 00" East, for a distance of 683.31 feet, to a set
1/2 inch iron rod, located in the North line of said Cardinal Lane;
THENCE South e9° 40' 41" West, following along the said North line of
Cardinal Lane for a distance of 312.63 feet to a found 1/2 inch
iron rod found;
THENCE North S5° IS' 27" West, continuing along said North line for a
distance of 222.25 feet, to a found 1/2 inch iron rod;
'rHENC£ North 440 21' 31" West, continuing along said North line for a
distance of 132.82 feet, to a found 1/2 inch iron rod;
THENCE North 040 39' 31" west, continuing along said line for a
distance of 224.30 feet, to a Bet 1/2 inch iron rod;
THENCE North 00° 26' OS" West, continuinc¡ along said line for a
distance of 659.45 feet, to the POINT OF BEGINNING and CONTAINING
299,092 square feet or 6.866 acres of lend more or lesB.
e
e
e
11/3Ø/1998 13:19
926-9347
KERRI
PAGE Ø6
~ '
7. S 00° 40' 23~ E 371.29 feet, to a 1/2" iron rod found, at
the Northwest corner of the aforesaid Tract of land conveyed to
Trustees, E-Systems,. Inc., Pool Truat by the deed recorded in
Volume 8102, page 1374 of the Deed Records of Tarrant County,
Texas;
THENCE Along the North and East boundary lines of said B-SysteDUI
Tract, being the South and West right-of-way lines of aforesaid
Cardinal Road, as follows:
1. S 89° 36' 12" E 666.37 feet, to a 1/2" iron rod found, at
the beginning of a curve to the right;
2. SOUTHEASTERLY 242.55 feet, along said curve to the right
having a radius of 180.00 feet, a central angle of 77° 12' 20"
and a chord bearing S 45° 44' 38" E 224.61 feet, to a 1/2"
iron rod set, at the end of said curve;
3. s 00° 42' 15" E 837.21 feet, to a 5/8" iron rod found, at
the Southeaat corner of said E-Systems Tract, lying in the
South boundary line of the aforesaid WALKER SURVEY, and the
intersection of the South right-of-way line of Cardinal Road;
THENCE S 89° 21' 52" II: 707.09 feet, along the North boundary line
of the aforesaid Tract of land conveyed to Trustees, B-Systems,
IJic., Pool Trust by the deed recorded in Volume 781S, Page 591 of
the Deed Records of Tarrant County, '1'8%&8, the South boundary line
of the aforesaid WALlŒR SURVBY, and the North boundary line of the
D. C. MANNING SURVEY, to THE PLACE OF BEGINNING, containing 251.727
acres of land.
11/3Ð/1998 13:19
926-9347
KERRI
PAGE Ð7
LEGAL DESCRIPTION
TRACT TWO
e
BEING 17.104 acres of land, located in the J. BARLOUGH SURVEY, Abstract
No. 130, Tarrant County, Texae, and being a portion of the Tracts of land
conveyed to Trustees, E-Systems, Inc., Pool Trust by the deeds recorded
in Volwae 7853, Page 2248, and Volwae 7862, Page 1578 of the Deed Records
of Tarrant County, Texas. Said 17.104 acre. being more particulerly
described by metes and bounds, as follows:
BEGINNING at a 1/2- iron rod found, at the intersection of the Southeast
right-of-way line of Davis Boulevard(a 120 foot right-of-way), with
the South right-of-way line of Newman Drive;
THENCE S 89° 33' 33- E 92.57 feet, along the South right-of-way
line of said Newman Drive, to a 1/2" iron rod found, at the
Northwest corner of Lot 1, Block 23, Sunny Meadow Addition, to the
City of North Riehland Hills, Tarrant County, Texas, according to
the plat recorded in Volwae 388-172, Page 97 of the Plat Record. of
Tarrant County, Texas;
TBBNCB S 00° 29' 48" W 301. 64 feet, rwming along the West boundary
line of said Lot 1, to a 1/2· iron rod found, at the Southwest
corner of said Lot 1;
THENCE S 89° 34' 47· E 259.73 feet, to a 1/2" iron rod found, at
the Southeast corner of the Tract of land conveyed to Sue C.
Hammond by the deed recorded in VolUJlle 4928, page 564 of the Deed
Records of Tarrant County, Texas;
e
THENCE N 00° 29' 49" E 301. 50 feet, along the East boundary line of
said Hammond Tract, to a 1/2· iron rod found, at the Northeast
corner of said Hammond Tract, lying in the South right-of-way line
of aforesaid Newman Drive;
THENCE S 89° 32' 22· E 207.00 feet, along the South right-of-way
line of .aid Newman Drive, to a 1/2" iron rod found, at the
Northwest corner of Lot 4, Block 3, Sunny Meadow Addition, to the
City of North Richland Hills, Tarrant County, Texas, according to
the plat recorded in Volume 388-109, Page 103 of the Plat Records
of Tarrant County, Texas;
THENCE S 00° OS' OS" E 274.88 feet, along the West boundary line of
said Lot 4, to a 1/2- iron rod found, at the Southweat corner of
said Lot 4;
THENCE S 89° 33' 43" E 99.64 feet, along the South boundary line
of said Lot 4, to a 1/2" iron rod found, at the Southeast corner of
said Lot 4, lying in the West boundary line of Block B, Sunny
Meadow Addition, to the City of North Richland Hills, Tarrant
County, Texas, according to the plat recorded in Volume 388-83,
Page 38 of the Plat Records of Tarrant County, Texas;
THENCE S 00° 01' 01· E 919. as feet, rwming along the WeGt boundary
line of said Block a, and croeeinq Shirley Street, and running
along the Weet boundary line of the Tract of land conveyed to E. E.
Newman by the deed recorded in Volume 4853, paqe 893 of the Deed
Records of Tarrant County, Texas, to a 1/2" iron rod set, at the
intersection of the North right-of-way line of Cannon Drive (a 60
foot wide right-of-way, as dedicated to the City of North Richland
Hills, by the plat recorded in Cabinet "A", Slide 1554 of the Plat
Records of Tarrant County, Texas);
THENCE along the North riqht-of-way line of said Cannon Drive, as
follows:
1. NORTHWESTERLY 233.53 feet, along a curve to the right
having a radius of 393.50 feet, a central angle of 34° 00' 00·,
and a chord bearing N 730 01' 56· W 230.12 feet, to a 5/8-
iron rod found, at the end of sa~d curve;
e
e
e
e
11/38/1998 13:19
KERRI
926-9347
PAGE 88
..
2. N 56° 01' 56" W 531.56 feet, to a 5/8" iron rod found, at
the beginning of a curve to the left;
3. NORTHWESTERLY .75.36 feet, along said curve to the left
having a radius of 478.46 feet, a central angle of Ogo 01' 26-,
and a chord bearing N 60° 32' 39" W 7S .28 feet, to a 5/8" iron
rod found, at the end of said curve;
4. N 65° 03' 22- W 323.75 feet, to a 1/2" iron rod found, at
the South end at a corner clip for the intersection of
aforesaid Davis Boulevard;
5. N 19° 35' 01" W 28.17 feet, along said corner clip, to a
1/2" iron rod found, at the intersection of the Southeast
right-of-way line of aforesaid Davis Boulevard;
TH!:NCE along the Southeast right-of-way line of Baid Davis Boulevard,
as follows:
1. NORTHEASTERLY 237.40 teat, along a curve to the right
having a radius of 2,754.66 teet, a central angle of 04° 56'
16", and a chord bearing N 28° 31' 19" B 237.32 feet, to a
1/2" iron rod found, at the end of aaid curve;
2. N 30° 59' 27" B 498.29 feet, to THE PLACE OF BBGINNING,
containing 17.104 acres (745,036 square feet) of land.
., :;;:::)c -
~-
Q~,:~~':'\..:-1
- -
,..-
'C 1 '. ,
WHITE l\'IOUNTAIN SURVEY CO., INC.
~.H. ROCTE 16. POST OffICE BOX 440, SUITE 100
OSSIPEE. NEW HA~lPSHlRE 03864
TELF.PHO:\1:; 603.539.41 J ¡s " A .. . _tl
. "CSl~IlE""""'''' E"W'C>'''-~'"''''''''~ì~, V1
7~' iÞ
December 17.1998 t> 1 f V"
11.7'1-
A~ '. ·
Advance Copy Via Facsimile @ 817·656-7538 ()f#'
Mr. Gregory W. Dickens. P.E.
Public Works Director
City of Nonh RichTand HilJs
P.O. Box 820609
North Richland Hills. TX 76182-0609
Rc: Town Center Project
De<U' Greg:
This Jetter wi1l confinTl our telephone discussion of earlier today finalizing the curb return radii and
no parking restrictions for the town center project.
e
As outJined in your letter of December 2, 1 concur and we agreed that the curb return radii should
be in multiples of five feet In most instances at the Town Center project, I will expectlhe curb
return radii to be 5. 10, and 15 feet.
The on-street parking restriction is somewhat more complex. as ha.~ been noted with the turning
movement in analy$C~ that we have previously furnished to the city and the client. An additional
layer of complexity presents itself when the actual geometry of the plan is anaJyzed (this has not
been done). However. in an attempt to simplify this matter, we settled upon fire truck 224 a~
being the important design vehicle. I propo~ed and we agret!d that fur all roads and street') with
rights-of-way of fifty feet and le~~, there \vill be a restriction of no parking forty feet from the PI of
the curb hne. For streets and roads with rights-of-way over fifty feet, this no parking re~triction
wi II be twenty feet.
A~ we agreed and I explained this morning. thi~ will not accommodate all road~ and all
combinations. but it accommodates far and away mo~t of them. I e~timate over 90 perçent of the
conditions prc~nt on the plan will be accommodated with these restrictions.
If you have any further questions, please feel free to contact me. It has been a pleasure working
with you on this project.
e
ßOl'NDARY . PLANNING' EXPERTS' TRAFFIC, ZO:-.lING . STREETS' ENGINEERING
1l1l1()Vat¡IIe Solurions Jor fhe Reu{ World
·
e
e
.. ' \ ,
ASSOCIATION OF SPRING OAKS ESTATES
P.O. BOX 821288
NORTH RICHLAND HILLS, TX 76182
December 9, 1998
Mr. Christopher D. Baker, Planner
City of North Richland Hills
P.O. Box 820609
North Richland Hills, TX 76182-0609
Subject: Public Hearing Scheduled for Thursday 12/17/98
Zoning Case Number PZ 98-40
Dear Mr. Baker:
In response to your letter of December 4, 1998, the Board of
Directors of this association is pleased to affirm its support of
these zoning changes.
There is insufficient time for us to schedule a meeting of this
association prior to this hearing. Nevertheless, in our
conversations with homeowners there has been unanimous support
of the proposed Town Center and the related zoning changes that
are necessary in order to proceed.
The basis for our support is our belief that property values for
this entire area will be enhanced; the image of the City will be
improved; and that this project can be financed totally by the
developer without the need for tax funds.
Arthur McIlwain
President
·
e
-
r ' -. "
November 25, (998
city of North Rich1md Hills
Deptment of Pl*KÚ:1g and Lming
C/o Vl!erie T.ylor
7301 NE. Loop 820
Norm Richlaod Hills. TX 76180
Department ofPW1ning and Zonicg:
My nam~ is ~e KrolbeJnyJki and I am the b.ead coach for the Port Worth Fin, a
professional bocby team in the CemraI Hockey League. I have reccndy bem mado
awaœ or a proposaJ in N~ Rkh1md Hitls to build. tDwn çeatcr Itrctdúø¡ from
Grapevine lii8hway to Mid Citi.. and Davis Boulevards. Tbe Town Cent. is propotÎDg
to build a state-or-m içe .,.. m ¡ddition to ho08in,g, retai14 and c.ommcrçial tp&eo. I
would liG to submit a lettcIr in lUpport of thi$ projo;.t beçllU.tO I think that it \VouId DOt
om)' benefit t~ sport of ice hockð',y but tb<: eommUt\iC)' U II whole.
C'Ulfeutly, tbf.re are DO cxi~in¡ ice arana& wi1bW. immcdiato proximity to tho ~ì4 Cities.
However, asa user of existing ice IIlCDU withil\ the Meuoplcx area staters and boeke)'
pla)'II!'JtS are drawn to fàci1itil;l from &Ii far as a 50 to 100 nlile ramUlI, An ice IU"CQ C the
North Richlaßd Hills Town Center would CaptllfO tho growin¡ paniçipation rate. md
i~&$ing lc;v~ of embœiUID for both lwckc:y andothc:r i" m-ed sports.
This ø::oposed ice iU'en4 would be a boost to 001' community b}' providing a....aihsblC1 ice
time 10 II wider audicncc than is (;WI~tly $~'\'ed by ("mtW¡ facilitieJ. l~ hoclœ» is an
~panding sport that offer.¡ young people I chance 10 develop athletic; skills and se1f~
confidence as well u bein¡ a pa."t of a team,
The North Rich1and Hills 1'0\\1\ Center wi1lbe tOM for ice bockey. good for the
community. and ¡0Qd for 1hc thtur~.
dJ (Cvs~!1
Mike Iclu'belnyski
Head Coach òfthe Fort Worth F~
NI~H
APPLICATION FOR A
ZONING DISTRICT CHANGE
City of North Richland Hills
7301 NE Loop 820
(PIMM ~ 0< type an ...pen....
North Richland Hills, Texas
817-58'-5500
PART 1. APPLICANT INFORMATION
& of applicant / agent:
Arcadia Realty Corp.
Street address of applicant I agent:
5000 Quorum Drive, Suite 205
City / State I Zip Cede of applicant I agMt:
Dallas, Texas 75240
PART 2. PROPERTY INFORMATION
Attn: Mr. Bill Gietema
Telephone number of applicant I agent:
(972) 774-9110 x26
Street address at location where zoning district change Is being raquested:
Legal Description of Property where zoning district change is being raquested:
Current zoning classification: Proposed zoning classification: Proposed usa of the proþðrty:
I-I (mostly), C-1, 1-2
& R-7-MF Town--Center Zonin District
Reason for zoning district change:
Zonin will include mixed use residential and business uses tical of the Town Center
developments. As outlined in the Town Center Zoning District.
Surveyor map attached as required by app'icalion:
DYes DNo
PART 3. PROPERTY OWNER INFORMATION
. of property owner:
-Systems, Inc. Pool Trust
Street address of property owner:
Affidavit attached from proþðrty owner if applicant is not owner:
DYes 0 No
501 S. Jupiter Road
I City I Stale I Zip Code of property owner:
Dallas, Texas 75042
¡Note: At/ach 'eNer or affidavit from property owner if different from applicant /agent:
Telephone number of property owner:
(972) 661-1000
PrinlName:William Gietema, Jr.
Signature:
Taxes Paid?
DYes
DNo
Csse Number:
Date: 12/9/98
PART 4. FOR OFFICE USE ONLY
OatB of Planning & Zoning Commission Public HBaring:
Date of City Counci, PUblic Hearing:
DYes
Fee:
Zoning District ChangB ApprovBd:
DYes 0 No
DNO
Conditions 01 Approval:
DYes
DNa
$300.00
e
This application will not be
scheduled for public hearing
until application fee is received.
Zoning District Change
GO-d
BESL9S9 LIB
CD - 407 (2197)
uo~+~~+s~u~wPV Zd~Md H~N d60:90 B6-Lo-~aa
CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections
Subject:Public Hearing to Consider AmendinQ the Masonry
Building Requirement.
Ordinance No. 2355
Council Meeting Date: 1/11/99
Agenda Number: PZ 98-51
At a previous Planning and Zoning Commission meeting the Commission gave staff direction to
amend the Masonry Building Requirement. The planning staff created the attached Ordinance based
on direction from the Planning and Zoning Commission. The Building Official was also included in
the Ordinance development to ensure that potential loopholes are closed for future development.
The attached Ordinance reflects the following amendments:
1) Masonry Definition: The definition is amended to read that masonry is considered brick, rock, or
stone that are individual units laid up unit by unit and set in mortar. Cinder block, CMU or other
similar materials are specifically prohibited from the masonry definition.
2) Finished Tilt Wall Definition: Poured in place reinforced concrete walls that have a textured
surface that is applied or an integral part of the exterior.
3) Prohibition: All other materials that do not meet the masonry definition above are prohibited.
4) Site Plan Approval: Alternative-building materials may be considered for approval by both the
Planning and Zoning Commission and the City Council. Consideration of alternative building
materials requires site plan approval.
5) Districts: The following table indicates the masonry requirement for all zoning districts; except
the Town Center District.
Residential
Brick; Rock, or Stone
Commercial
Brick, Rock, Stone, or Finished
Tilt Wall
Industrial
Brick, Rock, Stone, or Finished
Tilt Wall
RECOMMENDA TION:
The Planning & Zoning Commission considered this item at its December 10, 1998 and approved it
on a vote of 4 in favor and 2 against.
To approve PZ 98-51 and Ordinance No. 2355.
Finance Review
Source of Funds: Acct. Number
Bonds (GO/Rev.) Sufficient Funds Available
~::;t;n~~
(' ~~;gnatur.' ~
CITY COUNCIL ACTION
FInMC'- OhdoÍ
Page 1 of
e
9.
PZ 98-51
PUBLIC HEARING TO CONSIDER AMENDING THE MASONRY BUILDING
REQUIREMENT - ORDINANCE NO. 2355
APPROVED
Mr. Norwood explained that this case is also a directive from the Commissioners
to clarify masonry and state what is allowed and not allowed. The Commission
wanted to see masonry defined as brick, rock or stone and prohibiting cinder
block and stucco.
Chairrnan Davis opened the public hearing and asked for any proponents.
Seeing none, and seeing no opponents the public hearing was closed.
Mr. Barfield stated that this ordinance would eliminate creativity and architectural
variations. He stated that if this ordinance were approved NRH20, City Hall, and
Hudiburg Chevrolet's new building would all violate the new ordinance.
Additionally, the colored concrete that is being used by builders is put on like tile
and is part of the Efa-System would be eliminated.
e
Mr. Barfield asked Jerry Sylo to show the slides of the proposed houses in the
Town Center, stating that the ordinance would prohibit this style houses in the
remainder of the city, yet it is very attractive and unique. Mr. Barfield stated that
as a builder this ordinance drastically limits a builders options. Mr. Barfield
stated that brick has no more structural value than does efa-systems or any
other frame; it is merely a decoration.
Mr. Davis stated that clarification needs to be made in the height of the first floor
in the proposed ordinance. Additionally, Mr. Davis doesn't think this ordinance
conflicts with the Town Center District; but believes the new ordinance will be an
upgrade for the City.
Mr. Lueck stated that he is not in favor of voting for anything that would give the
town center some sort of edge over the remainder of the City. He also stated
that if City Hall couldn't even comply with this ordinance, he is opposed to it. He
stated he couldn't see the citizens benefiting from this ordinance at all.
Much discussion ensued regarding the pro's and con's of this ordinance.
e
Mr. Barfield asked Mr. Davis to convince him that he, as a citizen, would be
better off because of this ordinance.
Page 9 12/10/98
P & Z Minutes
·
e
e
..
I
Chairman Davis stated that he wouldn't be able to convince him and asked if the
Commissioners had any additional comments.
Mr. Blue stated that he feels the City Council doesn't like stucco and want to
raise the bar. Also, he stated that the majority of the old Sotogrande Apartment
Community is stucco and over time has become unattractive.
Mr. Nehring stated that the ordinance is only different in the definition of
masonry, and nothing else is changing.
Mr. Davis stated that there would still be a variance process that will allow
someone to deviate from this requirement, if P&Z and Council approve it.
Mr. Lueck stated that it is not a matter of raising the bar, it's how you raise the
bar, and he isn't sure that eliminating stucco would achieve that.
Mr. Barfield, seconded by Mr. Lueck, moved to deny PZ 98-51. The vote was 2
- 4. Messrs. Barfield and Lueck voted in favor of the motion. Messrs. Blue,
Nehring, Davis and Bowen were opposed and it did not carry.
Mr. Lueck stated that if we are trying to get materials that will last 50 years or
better, the concrete houses will be the ones to last - and this ordinance will
prohibit them.
Mr. Nehring, seconded by Mr. Blue, moved to approve PZ 98-51 and Ordinance
No. 2355. The motion carried with a vote of 4 - 2. Messrs. Nehring, Blue,
Bowen & Davis were in favor of this motion. Messrs. Barfield & Lueck were
opposed.
Page 10 12/10/98
P & Z Minutes
e
ORDINANCE 2355
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
AMENDING ORDINANCE NUMBER 1874, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, TO
AMEND ARTCILE 6 SUPPLEMENTARY DISTRICT REGULATIONS;
SECTION 600 & SECTION 605 AND ARTICLE 11, SECTION 1100 _
DEFINITIONS; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council and the Planning and Zoning Commission have indentified
the need to further describe and define masonry construction, and
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 Ordinance No. 1874, the Zoning
Regulations of the City of North Richland Hills to amend the masonry requirements as
set forth herein;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICH LAND HILLS, TEXAS:
1.
· THAT, in Case Number PZ 98-51, Article 6, Section 600, Subsection 8, Masonry
Requirement for Residential Buildings be amended to read as follows:
Section 600. Masonry Requirment for Residential Buildings
B. Masonry Calculation - Masonry construction shall consist of any combination of
brick, rock or stone or other materials approved by the City Council through a Site
Plan Reivew process. Cinder Block, Concrete Masonry Units (CMU), Stucco or
other similar materials are specifically prohibited from the masonry definition. For
the purpose of this requirement, the exterior wall surface shall be defined as the
area between the wall, corners, extending from the top of the foundation up to the
height of the first story. The area of the door and window openings shall not be
included in the calculation of this requirement.
EXCEPTION: The percentage of masonry shall be applicable to the entire exterior
surface for all elevations of primary structures constructed in the R7 -Multi-family District,
excluding door and window openings.:.
2.
e
THA T, Article 6, Section 605, Subsection B, Masonry Requirement for Non-Residential
Buildings be amended to read as follows, and insert a new subsection D:
Ord.2355
Page 1
.
·
e
e
-
..
.
B. Masonry Calculation - Masonry construction shall consist of brick, rock, stone or
finished tilt wall. Cinder Block, CMU, Stucco or other similar materials are
specifically prohibted from the masonry definition. This requirement shall apply to all
wall sections on all floors above the finished floor level of the foundation.
NOTE: The area of door and window openings shall not be included in the calculation
of this requirement.
D. Prohibited Materials - All other materials not permitted by the masonry definition or
approved by the City Council by the Site Plan approval process are prohibited.
3.
That, Article 11, Section 1100 - Definitions be hereby amended to insert the fOllowing
definitions:
Masonry - Brick, stone, or rock that are individual units and laid up unit by unit and set
in rnortar. Cinder Block, CMU, Stucco or other similar materials are specifically
prohibited from the masonry definition.
Finished Tilt Wall - Poured in place, reinforced structural concrete walls that have a
textured surface that is applied or is an integral part of the exterior.
4.
That, the Town Center Zoning District be excluded from these requirements. The
builidng materials indicated in the district regulations shall govern the rnaterials
allowable.
5.
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.
Ord. 2355
Page 2
·
e
e
-
6.
EFFECTIVE DATE. This ordinance shall be in full force and effect frorn and after its
passage.
RECOMMENDED AND APPROVED BY THE PLANNING AND ZONING
COMMISSION THIS 1 Oth DAY OF DECEMBER 1998.
Chairman, Planning and Zoning Commission
Secretary, Planning and Zoning Commission
PASSED AND APPROVED BY THE CITY COUNCIL THIS 11TH DAY OF JANUARY
1999.
Mayor Charles Scoma
City of North Richland Hills, Texas
ATTEST:
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO CONTENT:
Department Head
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
Ord. 2355
Page 3
CITY OF
NORTH RICHLAND HILLS
D rt t Planning & Inspections
epa men:
-Subject: Public Hearing to Consider Amending the Front
Yard Fence Regulations. Ordinance No. 2356
Council Meeting Date:
1/11/99
Agenda Number:
PZ 98-52
In the recent past there has been numerous Zoning Board of Adjustment cases regarding the
construction of front yard fences. The current NRH requirement is that all front yard fences must be
made of wrought iron with brick posts and cannot exceed 4 feet in height regardless of lot size or
street frontage. Staff discussed the current regulations with the Planning and Zoning Commission
regarding a solution. Based on that discussion the Planning and Zoning Commission gave direction
to staff to prepare an Ordinance that allows varying heights for front yard fences.
The attached Ordinance retains the same requirements for lots that are less than 1 acre in size and
have less than 200 feet of linear street frontage. If the lot is greater than the above dimensions the
Ordinance allows fences up to 6 feet in height. The attached Ordinance does not change the
building requirements for front yard fences, just the height permitted for large lots. The fence must
still be constructed of wrought iron with brick posts.
RECOMMENDA TION:
The Planning & Zoning Commission considered this item at its December 10, 1998 meeting and
recommended unanimous approval.
To approve PZ 98-52 and Ordinance 2356.
Finance Review
Source of Funds: Acct. Number
Bonds (GO/Rev.) Sufficient Funds Available
Ope'.';ng 8udge' - _ _ h /J _
O'he, .. ~
D~ur.
CffY COUNCIL ACTION ffE
FI........· Direct«
Page 1 of
.
e
e
e
-
10.
PZ 98-52
PUBLIC HEARING TO CONSIDER AMENDING THE FRONT YARD FENCE
REGULA TIONS - ORDINANCE NO. 2356
APPROVED
Mr. Norwood stated that current regulations prohibit front yard fences unless
cònstructed with wrought iron and brick posts and can not exceed 4' in height.
This revision would only affect those with an acre or more and also have 200' of
street frontage, at least.
Chairman Davis opened the public hearing and called for proponents. Seeing
none, he called for opponents. Seeing none the public hearing was closed.
Mr. Bowen, seconded by Mr. Lueck, moved to approve PZ 98-52 and Ordinance
No. 2356. The motion carried unanimously.
Page 10 12/10/98
P & Z Minutes
e
e
e
ORDINANCE 2356
AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS
AMENDING ORDINANCE NUMBER 1874, THE ZONING ORDINANCE,
TO AMEND ARTICLE 10, SECTION 1025, SUB-SECTION C, FRONT
YARD FENCE REGULATIONS; 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 Ordinance No. 1874 by
amending said Zoning Ordinance as set forth herein; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
1.
THAT, in case PZ 98-52 Article 10, Section 1025, Sub-section C, Front Yard Fencing
Regulations be amended to read as follows:
Front Yards - Non-sight barring fences may be allowed in front yards. Such fences
shall be wrought Iron, and shall be no greater than four (4) feet in height, excluding the
posts. 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 no greater than six
(6) feet in height, excluding posts. The posts must be constructed of brick or stone.
2.
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.
3.
SAVINGS CLAUSE. That Ordinance Number 1874, 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
Ordinance No. 2356
Page 1
-
e
e
-
-
4.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its
passage.
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 10th DAY OF
DECEMBER 1998.
Chairman, Planning and Zoning Commission
Secretary, Planning and Zoning Commission
PASSED AND APPROVED BY THE CITY COUNCIL THIS 11th DAY OF JANUARY
11,1999.
ATTEST:
Mayor Charles Scoma
City of North Richland Hills, Texas
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO CONTENT:
Department Head
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
CITY OF
NORTH RICHLAND HILLS
D Planning & Inspections
epartment:
Council Meeting Date:
1/11/99
Subject: Public Hearing to Consider Amending the Table of
Permitted Uses Regarding Assisted Living Facilities.
Ordinance No. 2357
Agenda Number:
PZ 98-54
At a previous Planning and Zoning Commission meeting discussion took place regarding the current
regulations for Assisted Living Facilities (ALF). The current regulations allow for ALF's as a Planned
Development in all districts and by right in the C 1-Commercial district. The Planned Development
regulations require a minimum of 4 acres. This encourages ALF's to rezone property to C 1-
Commercial thereby, not giving the Planning and Zoning Commission or the City Council the
opportunity for Site Plan Review.
The attached Ordinance amends the Table of Permitted Uses for ALF's from a Planned Development
in all districts to a Special Use Permit. The SUP does not have a minimum acreage size. This
clarification of the regulation and intent of the Planning and Zoning Commission and City Council will
help to reduce confusion among developers and assist staff in advising potential applicants regarding
the process. It will also give the Planning and Zoning Commission and the City Council site plan
approval. The Ordinance will, however, still allow ALF's in the C 1-Commercial district without site
plan approval.
RECOMMENDA TION:
The Planning & Zoning Commission considered this item at its December 10, 1998 meeting and
recommended unanimous approval.
To approve PZ 98-54 and Ordinance No. 2357.
Finance Review
,
Source of Funds: Acct. Number
Bonds (GO/Rev.) Sufficient Funds Available
Operating Budget ~
Oth~
~~~atur. - -
CffY COUNCIL ACTION ffE
Financ'- Director
Page 1 of
e
e
-
-
11.
PZ 98-54
PUBLIC HEARING TO CONSIDER AMENDING THE TABLE OF PERMITTED
USES REGARDING ASSISTED LIVING FACILITIES - ORDINANCE NO. 2357
APPROVED
Mr. Norwood explained that issue would require an SUP for assisted living
centers in the Commercial districts. This would ensure that P&Z and the City
Council had a chance to review the site plan.
Chairman Davis opened the public hearing and asked for proponents. Seeing
none and seeing no opponents, the public hearing was closed.
Mr. Blue, seconded by Mr. Bowen, moved to approve PZ 98-54 and Ordinance
No. 2357. The motion carried unanimously.
Page 11 12/10/98
P & Z Minutes
e
ORDINANCE 2357
AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS
AMENDING ORDINANCE NUMBER 1874, THE ZONING ORDINANCE,
TO AMEND ARTICLE 3, SECTION 310, TABLE OF PERMITTED USES
REGARDING ASSISTED LIVING CENTERS; 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 Ordinance No. 1874 by
changing said Zoning Ordinance as set forth herein; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
1.
THAT, in case PS 98-54 Article 3, Section 310, Table of Permitted Uses, Assisted
Living Center, is hereby amended to read as follows:
e
Assisted Living Center:
Special Use Permit required in R1S- Special Residential; R1-
Single Family Residential; R2-Single Family Residential; R3- Single
Family Residential; R4- Duplex Residential; R6T- Townhome
Residential; R8- Zero Lot Line Residential; R7MF- Multi-Family
Residential; 01-0ffice; LR-Local Retail; C2-Commercial; OC-
Outdoor Commercial; 11-lndustrial, 12-lndustrial, U-Institutional.
Permitted bv right in the C 1-Commercial District
Prohibited in the Ag-Agricultural District.
2.
-
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. 2357
Page 1
.
e
e
e
3.
SAVINGS CLAUSE. That Ordinance Number 1874, 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.
4.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its
passage.
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 1 Oth DAY OF
DECEMBER 1998.
Chairman, Planning and Zoning Commission
Secretary, Planning and Zoning Commission
PASSED AND APPROVED BY THE CITY COUNCIL THIS 11th DAY OF JANUARY
1999.
ATTEST:
Mayor Charles Scoma
City of North Richland Hills, Texas
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO CONTENT:
Department Head
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
Ordinance No_ 2357
Page 2
, ~~,
CITY OF
NORTH RICHLAND HILLS
e Department: Planning & Inspections Council Meeting Date: 1/11/99
Šubject: Public Hearing to Consider the ReQuest of Ken Tavlor Agenda Number: PZ 98-58
/ NWA Southwest Wrestling for a Special Use Permit to
Allow an Indoor Wrestling Arena on Lot 3, Block 1, Richland
Terrace Addition. (Located at 7601 Grapevine Highway)
Ordinance No. 2352
Mr. Ken Taylor is the owner/operator of NWA Southwest Wrestling that is located at 7601 Grapevine
Highway. Mr. Taylor has been operating a wrestling venue at the location of the old Home Depot
since May 1998 under a temporary Certificate of Occupancy.
Recently, the Planning and Zoning Commission and the City Council adopted regulations for Indoor
Commercial Amusement. These new regulations require a Special Use Permit when the property is
zoned C2-Commercial. The property Mr. Taylor is proposing to use is currently zoned C2-
Commercial. Please see the attached zoning exhibit for further information.
Mr. Taylor is leasing space in the old Home Depot building. The space he is utilizing was previously
a teen club. He is not proposing any remodel or renovation at this time. He proposes to continue
operations in the building without any enhancements to the existing structure or site.
.he Zoning Ordinance requires that building elevations, landscape plans, dumpster location, lighting,
-..rnd various other site details be submitted for review and approval by the Planning and Zoning
Commission and the City Council. These regulations are designed for new construction. Because
Mr. Taylor is not renovating the building or proposing any new construction, elevations and other
details have not been provided that would be required of new construction.
Mr. Taylor has provided information regarding hours of operation, signage, and activities permitted on
site. These items are addressed in his letter that is attached.
A Special Use Permit gives the City Council the opportunity to determine if the proposed use is
appropriate at a specific location.
Please see the attached opinion from the City Attorney regarding requiring security as a condition of
approval.
Finance Review
Source of Funds: Acct. Number
Bonds (GO/Rev.) Sufficient Funds Available
.~e~~~~
C~~,gnature --
CITY COUNCIL ACTION IT.
FI.....c.. Dna";
Page 1 of
.
.
RECOMMENDA TION:
The P&Z considered this request at its December 10,1998 meeting and recommended unanimous
approval provided the SUP is reviewed, at no additional charge to the applicant, ,in 18 months.
To approve PZ 98-58 and Ordinance 2352 in accordance with the Plannin9 and Zoning Commission
Recommendation.
CITY OF NORTH RICH LAND HILLS
-
·
~'
~>
'( /. ~
~
/
~~ /
/
/
/,,,,
I
/ 3,;
. ,r ~ , / ~ -: '<" po, ~
..........
z
o
N
eI
N
G
E
X
H
I
B
I
-
T
'<::0
-
1.
v-' R-'2.
I' c:: 11
-- \,1\.- .~
II > '0
-;;- z ,
_. r- ___ '1
'1 rn I
_""._'1
'.
,.
J " III
~
,:~d
~ " I
I
/..
..
U
Z
j
\I
w
..
It
., :: "
_ Z .....nL-tL
" Z -~~
¡::¡ JI
1J I ,.
11
1'1 "
:'
.
;j'''~''''''''''
.-._ 1
r-'.-
,
.
,+--
"~L...:~
"
.......~ !,.". -'.
.................
o
10
.;
, 0
o
..
U
__Z
i
" 17!
\I
.
J
~
""
.
\
U 17
"
c-,
'. T ~\\'^
C" \..\..0 \'{ " '<
r.\2~
{.,
'.
1....Jo\
'1 ...
--:-- ... .'"
,. ..
I..w
u V ",\\"~
Cþ.\"\,,O-"¡ 1\ '{
f¡\'t.I
-
I... l E "'VI £"\<, 'D
..........
- . -
e
4.
PZ 98-58
PUBLIC HEARING TO CONSIDER THE REQUEST OF KEN
TA YLORlNWA SOUTHWEST WRESTLING FOR A SPECIAL USE PERMIT TO
ALLOW AN INDOOR WRESTLING ARENA ON LOT 3, BLOCK 1, RICH LAND
. TERRACE ADDITION. (LOCA TED AT 7601 GRAPEVINE HIGHWAY)
APPROVED
Mr. Norwood explained that this was a request for a Special Use Permit to
conduct an indoor wrestling arena. He explained that Mr. Taylor has been
operating for the past 6 months under temporary Certificates of Occupancy,
while the City established regulations for this type use. The City recently
adopted regulations so Mr. Taylor is now seeking a SUP so he can obtain his
Certificate of Occupancy.
Chairman Davis opened the public hearing and asked the applicant to come
forward.
e
Mr. Ken Taylor, NWA Southwest Wrestling, stated that he would answer any
questions the Commissioners might have.
Seeing no additional proponents, and no opponents, the public hearing was
closed.
Mr. Barfield stated he would like to see this application reviewed in 18 months, at
no additional charge to Mr. Taylor. He believes this type use would warrant it.
Mr. Barfield moved, seconded by Mr. Blue, to approve PZ 98-51 subject to an
18-month review by the Commissioners. The motion carried unanimously.
e
Page 2 12/10/98
P & Z Minutes
-
.
e
ORDINANCE 2352
AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS
AMENDING ORDINANCE NUMBER 1874, THE ZONING ORDINANCE,
TO AUTHORIZE A SPECIAL USE PERMIT FOR AN INDOOR
COMMERCIAL AMUSEMENT; 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
recomrnendation to the City Council for amendment of Ordinance No. 1874 by
changing said Zoning Ordinance as set forth herein; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
1.
THA T, in case number PZ 98-58, a Special Use Permit be hereby authorized for a
Indoor Commercial Amusement Facility on the property described as follows:
e
Lot 3, Block 1, Richland Terrace Addition, located at 7601 Grapevine Highway, Suite
131.
2.
THA T, the only permitted use at the above described location is an indoor wrestling
venue.
3.
THA T, the Special Use Permit shall expire 18 months from the date of approval; and
that a new application must be made and approved by the Planning and Zoning
Commission and the City Council; and that no fee shall be charged for the re-
consideration.
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 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,
e sentence, paragraph or section.
Ordinance No. 2352
Page 1
-
e
e
e
.
5.
SAVINGS CLAUSE. That Ordinance Number 1874, 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.
6.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its
passage.
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 1 Oth DAY OF
DECEMBER 1998.
Chairman, Planning and Zoning Commission
Secretary, Planning and Zoning Commission
PASSED AND APPROVED BY THE CITY COUNCIL THIS 11th DAY OF JANUARY
1999.
ATTEST:
Mayor Charles Scoma
City of North Rich/and Hills, Texas
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO CONTENT:
Department Head
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
Ordinance No. 2352
Page 2
-
e
e
-
.
CITY OF NORTH RICHLAND HILLS
MEMO
To: Larry Cunningham
City Manager
From: City Attorney
Subj:. Application of Ken Taylor (Special Use Permit)
Date: January 5, 1999
In the event the Council wishes to address "security" in this instance, I suggest that it do
so by imposing a special use requirement. The requirement would require the applicant
to furnish the Building Department a security plan, with which it agrees to comply, for
approval e de artment.
-
e
e
-
. .
NWA Southwest
P. O. Box 941791
Piano, Texas 75094-1791
Phone (972) 881-2452
November 23, 1998
Mr. Christopher Baker
City Planner of North Richland Hills, Texas
P. O. Box 820609
North Richland Hills, Texas 76182-0609
FAX: 8176567503 ..
RE: Response to your questions pertainin;¡.to Special Use permit application
Dear Mr. Baker,
..
The enclosed is in response to the categories you requested in conjunction to our Special Use
Permit application of Suite 131, 7601 Grapevine Highway. .,
(f) Hours of operation: Open to the public, 6:30 p.m. to approx. II p.m. on Friday nights. We
occasionally open on Saturday mornings to allow the wrestlers practice/workout time between the
hours of 10 and Noon, while the building is being cleaned ITom the night before.
(g.) Activities: Wrestling Show entertainment program every Friday night since May 1st., with
crowd average of 100 per week.
(i.) Landscaping: Same as the rest of the 6uilding complex, paved parking directly in front of
the building with a 12-14 ft. wide foot elevated sidewalk.
(I.) Signs: .One outdoor sign approx. 5 feet high x 14 feet long situated directly above the
entrance. This is the same signage previously used by Eclipse Teen Club with the only exception
being the change out of vinyl lettering.
(m.) Noise, fumes, odors, etc: None
(p.) Fire protection measures: Two extinguishers at both ends of the building near the exits.
(g.) Outside storage/display of merchandise: None
(r.) Refuse & waste storage: Texas Indoor Speedway allows us to use their industrial disposal
unit service located in the back of the building, which we utilized once a week.
Mr. Baker, if you need any additional information call 972-881-2452.
rze1Y,
Ken~
NW A Southwest
Ni~H
APPL/CA TION FOR A
SPECIAL USE PERMIT
City of Nor::1 Rich/and Hills
7301 NE Loc;J a20
North Richla:'.d Hills. TeÄas
a 17 -sa -55·:.J
{P~.3sa ::r:r:: ::- :y:., aU r.uponso!s}
e
PART 1. APPLICANT INFORMATION
Name of applicant / agent:
w It- SCJ~-j-
S~eetaedressofapPNcant/agent
I 5 ð I Q 0 ú h ,'r ~
City / Stale / Zip Code of applicant / agent:
(,)..ryc S-...J-û'r\
7$07
OWNER INFORMATION
TelephoM number of applicant / agent
q 7;).- 9tÝ/- d).lfS2
Name of propetiy owner:
Te
.T rv ¿ e-ii?
s
Slreel aeeress of property owner:
700}
G,.
81....fr.-e_
City / Slale / Zip Code of property owner:
IV 0 t.J-v, 12.1 cA, f.A.-D /J.., - bl ~ 7X .
Note: Allach letter or affidavit from propert'¡ owner if diffeÆ I from applicant / agent:
Current zonmg classification:
PART 3. DESCRIPTION OF REQUEST
Proposed use of the property:
Descnbe t:)e nature of the proposed activit¡ and any particular characteristics related to the use of the property:
tvIl. ~S Tl.JN c¡
s~w
W n I? ~ Tl ì "- ~
S1fDv-v
51\. 7'f '2~)vm,"^, T
SIte plan a::3,=,~':e "¡hlct) conforms Wit,' the requirements included In this packet:
U Yes
:-¡ No
--...I
AffiddVlt artdched from proPt!!rty owner If applicdnt is not owner:
¡ Yes
¡ No
Dale. J /- 2.3- C¡ý"
I h,:r,:oy certlr¡ that I am. or represent. the legal Owner of the propert'¡ descnbed abow;! and do hereby submIt this requ~st for appro'lal
of a Special Use Permit to 'he Planning and Zoning Commission for consideration.
Print Name J< (? N TA.., l C R..
PART 4. FOR OFFICE USE ONLY
Date of Planning ¿ Zonmg Commission PubNc Heanng:
Taxes Pale'
L . Yes
Liens Paid'
DYes
LJ
·61J
Signature:
Date of Clly Council PUblic Heanág:
Specidl Use P':rrTJit Approved:
L : Yes 0 No
CondItions of Approval:
I !
No
S300.00
AsSessments PaId?
DYes I I
No
ThiS application WIll not bo
scheduled for public hearing
until the application fee is
received.
SPECIAL USE PERMIT
CD. 414 (2/96)
,
I
.
CITY OF
NORTH RICHLAND HILLS
D rt t Planning & Inspections
epa men:
Council Meeting Date:
1/11/99
Subject: Consideration of Amending the Subdivision Regulations Agenda Number: PS 98-58
Regarding the Naming of Lots & Blocks. Ordinance No. 2354
The Planning and Zoning Commission is concerned with the naming of subdivisions in the City of
NRH. There has been some confusion among developers and the Commission regarding the
regulations on subdivision naming. The Commission has given direction to staff to prepare an
Ordinance that more clearly defines the process required in naming subdivisions. The attached
Ordinance reflects the following items:
1) Adjacency: If a proposed plat is adjacent to an existing and recorded plat it must continue the
lot and block naming designation.
2) Non-Adjacency: If a proposed plat is not adjacent to an existing and recorded plat it may
create an addition name and lot and block sequence.
RECOMMENDA TION:
The Planning & Zoning Commission considered this amendment at its December 10, 1998 meeting
and recommended unanimous approval.
To approve PS 98-58 and Ordinance No. 2354.
Finance Review
Source of Funds: Acct. Number
Bonds (GO/Rev.) Sufficient Funds Available
Operating Budget _
Other ~£.
~~~
CITY COUNCIL ACTION ITEM
Flnance'Drecta<
Page 1 of
e
8.
PS 98-58
CONSIDERATION OF AMENDING THE SUBDIVISION REGULATIONS
REGARDING THE NAMING OF LOTS AND BLOCKS. ORDINANCE NO. 2354
APPROVED
Mr. Norwood explained that the Commission had requested that staff prepare an
Ordinance that more clearly defines the process required in naming subdivisions.
Ordinance No. 2354 relates to adjacency of proposed additions to existing
additions and non-adjacency.
Mr. Nehring, seconded by Mr. Bowen, moved to approve PS 98-58. The motion
carried unanimously.
e
e
Page 8 12 /10/98
P & Z Minutes
e
e
-
ORDINANCE 2354
AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS
AMENDING ORDINANCE NUMBER 1982, THE SUBDIVISION
REGULATIONS, TO AMEND ARTICLE 9, SECTION 9, SUB-SECTION
P, SUBDIVISION NAMING; 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 Ordinance No. 1982 by
amending said Zoning Ordinance as set forth herein; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
1.
THAT, Article 9, Section 900, Sub-section P, Subdivision Naming be amended to read
as follows:
Subdivision Naming: The name of the proposed subdivision with letters
predominately larger letters than those used elsewhere shall be shown on the drawing,
within the Title Block. The proposed name for the subdivision shall be a continuation of
the addition name, lot, and block if the property is contiguous to a plat that is existing
and recorded with Tarrant County Plat Records. Subdivisions may be given an
alternate name, lot and block designation if the property is not contiguous to an existing
and recorded plat. The City Council has final authority to designate the name of
subdivision.
2.
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. 2354
Page 1
e
e
-
3.
SAVINGS CLAUSE. That Ordinance Number 1874, 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
4.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its
passage.
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 1 Oth DAY OF
DECEMBER 1998.
Chairman, Planning and Zoning Commission
Secretary, Planning and Zoning Commission
PASSED AND APPROVED BY THE CITY COUNCIL THIS 11th DAY OF JANUARY
11,1999.
ATTEST:
Mayor Charles Scoma
City of North Richland Hills, Texas
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO CONTENT:
Department Head
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
..
CITY OF
NORTH RICHLAND HILLS
Department:
Economic Development
Council Meeting Date:
1/11/99
GN 99-04
Subject:
Policy Position on State Transportation Funning ;::mn ~;:¡f~'1nda Number:
Resolution No. 99-04
On December 21, Council approved a resolution encouraging the 76th Texas Legislature to take two
actions (funding the Department of Public Safety (DPS) from a source other than State Highway
Fund 006 and levying and collecting the State motor fuels tax at the Terminal rack) to provide
additional State funding for transportation. These two measures could make a $365-550 million
difference in what TxDOT has to maintain roads and bridges-and will improve Texas' ability to
match increased federal funds authorized through the new Transportation Equity Act for the 215t
Century (TEA-21).
On request of Mayor Pro Tern Don Phifer, staff is returning with a second resolution endorsing two
additional recommendations to increase TxDOT appropriations and improve safety: Increasing
vehicle registration fees and expanding 2060 permit fees and penalties to reduce passenger vehicle
subsidy of oversize/overweight vehicles. The attached testimony of Texas Transportation
Commission Chairman David M. Laney and one other commissioner to the Texas Senate Interim
Committee on Transportation provides additional detail on both of these issues. In particular:
· Registration Fees According to the testimony of Chairman Laney, the last increase of vehicle
registration fees was 15 years ago-and was phased in over three years. With Texas having
15-16 million registered vehicles, Chairman laney noted that a $10 increase in each registration
class would raise $125-130 million per year.
· Overweight Truck Permits The measure to increase 2060 permit fees and fines could
generate another $10-20 million per year for Texas counties for bridge maintenance-and
additional revenues for the Department of Public Safety. However, Chairman Laney and
Commisioner Robert L. Nichols view this as a safety measure first since it would help prevent
the continued damage to existing bridges.
Under current law, the Texas Department of Transportation (TxDOT) is required to issue a
"2060" permit and authorize trucks with as much as 84,000 pounds to travel on any bridge in the
State-even ones posted as "unsafe above 15,000 pounds". Such a situation creates potential
hazardous situations for passenger vehicles following 2060-permitted trucks across smaller
bridges. According to Commisioner Nichols, most of TxDOT's 33,238 bridges are over 30 years
old-and 5,000 were built before World War II; a total of 6,470 are deficient. Almost half (7,370)
of the off system (county and City) roads (15,590) are deficient.
Finance Review
Acct. Number
Sufficient Funds Avaifable
Signature
CITY COUNCIL ACTION ~
FlMnco'DIredcW
Page 1 of
RECOMMENDATION
. That Council adopt Resolution gg-D4, recommending that the 76" Texas Legislature increase
_appropriations to the Texas Department of Transportation and improve safety by raising vehicle
registration fees and expanding 2060 permit fees and penalties to reduce passenger vehicle
subsidy of oversize/overweight vehicles.
.
.
.
.
.
RESOLUTION 99-04
RESOLUTION URGING THE TEXAS
LEGISLATURE TO INCREASE APPROPRIATIONS
FOR ROAD AND BRIDGE MAINTENANCE AND EXPANSION
WHEREAS, road and bridge maintenance and expansion is a core
function of government; and
WHEREAS, mobility is fundamental to Texas economic vitality and quality
of life; and
WHEREAS, maintaining mobility requires a continuing investment of state
resources to maintain and expand the surface transportation infrastructure to
meet identified needs; and
WHEREAS, current level appropriations to the Texas Department of
Transportation (TxDOT) are adequate to address only one-third of the identified
Texas transportation needs; and
WHEREAS, Texas should increase its annual investment in surface
transportation infrastructure to a level that will enable TxOO'f tû add1e~~ -at feast
one-half of the state's identified transportation needs; and
WHEREAS, increased appropriations to TxDOT are necessary to continue
state-funded road and bridge maintenance and construction programs and
simultaneously leverage the maximum amount of federal funding for which Texas
is eligible from the Transportation Equity Act for the 21st Century.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF NORTH RICHLAND HILLS;
Section 1: That the 76th Texas Legislature be and hereby is urged to
increase annual appropriations to TxDOT by (a) increasing vehicle registration
fees and (b) expanding 2060 permit fees and penalties to reduce the passenger
vehicle subsidy of oversize/overweight vehicles.
Section 2: That a copy of this resolution be transmitted to the offices of
the Governor, Lieutenant Governor, Speaker of the House of Representatives,
the Chairman of the Texas Transportation Commission and the chairs of the
following legislative committees: Senate Committee on Finance, Senate
Committee on State Affairs, House Committee on Appropriations, House
Committee on Transportation, House Committee on Ways and Means and
House select Committee on Revenue and Public Education Funding.
.
PASSED AND APPROVED this
day of
,1999.
APPROVED:
Charles Scoma, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
.
Rex McEntire, City Attorney
-
.
. .-,
.
e
v.&.' Y"" QØ .............. U·O"U~V~o
¡'< \...1\..Ub J.1<A.~~1'UJU
IètJOO2l017
. . * ORIGINAL
L~ TESTIMONY
PROVIDING FOR TEXAS TRANSPORTATION
Testimony Before the
Texas Senate Interim Committee on Transportation
David M.laney
Commissioner of Transportation
Robert L. Nichols, Member
Texas Transportation Commission
August 4, 1998
.
.
.
V~'V~/~~ LL;~~
·U·O..UJU.:ð
NCTCOG TRANSPORT
~ 003/017
-,
Texas Tnnsponation Commission Testimony to the Senate tnterim Committee on TransponatioA
Page t
DAVID M. LANEY
COMMISSIONER OF TRANSPORTATION
ROBERT L. NICHOLS
MEMBER, TEXAS TRANSPORTATION COMMISSION
TEXAS DEPARTMENT OF TRANSPORTATION
Senate Interim Committee OD Transportation
Au:ust 4, 1998
INTRODUCTION BY DAVID M. LANEY, COMMISSIONER OF TRANSPORTATION
Good afternoon Chainnan Armbrister, Members of the Committee.
At the outset, I would like to thank you for scheduling this meeting so that I could join you
today. It was important to me that I have the oPPOItUnÏty to appear before you concluded your
hearings. So again, thank you.
Our compliments and appreciation as well for·all of the Committee's work on behalf of
transportation in Texas during the last several months. Hopefully, our input this afternoon will
complement the information you have developed to date. I think you will find Mr. Nichols' and
my combined testimony sholt and to the point - and the point is this:
For at least a decade. a number of forces have been gnawing away at the effectiveness of TxDOT
and of our transportation systems in Texas. We have been fighting a retreating, rearguard action.
For the last 3 years, we have worked hard, often hand in hand with many of you, to begin to
reverse those trends - and I believe we have been successful.
The next major step in the process appears with the 76th Legislature - as a result of timing and
an overall alignment of virtually all of the interests involved, you will never ha'le a better
opportunity to reestablish the structural soundness of aansponation funding at the State level.
When the session ends, the opportunity will have vanished.
. -',
.
-
..
U~iU~/~~ II:ll
VlS40JOlI:I
.'
NCTCOG ~~SPORT
~ 004/017
Texas Transportation Commission Testimony to &he Seftace Interim Committee on TrusportaCiOD Page 2
Ultimately, of course, allocation of state highway funds shapes state transportation policy in
Texas morc fundamentally than any Commission or TxDOT activity. A!. one Wlelected
representative of all of the delegations that appear before us and return to their communities
empty-banded, let me simply say that much is at stake. And. as elected representatives of your
districts, that level of policy making is very appropriately your call.
INTRODUCTION OF COMMISSIONER ROBERT 1. NICHOLS
To begin, I would like to introduce probably the most persistent member of your Committee's
audiences around the State over the last number of months --- and likely the most energetic
Commissioner in the history of the Commission: Mr. Robert Nichols.
Robert win discuss the circumstances that have created our CUl'TeDt predicament. I will follow
Robert with proposals for your consideration.
TESTIMONY OF COMMISSIONER ROBERT 1. NICHOLS
First I want to thank you for the opportunity to present this information and for the work you
have done gathering and receiving input 1i'om all over the State. Since about 95 percent of what
we do relates to roads I will contain my
presentation to that. AU numbers or Figure I: NatIon's Largest HiJ:hw,y Prouam
statistics will be state system unless I
specify otherwise.
Texas has the largest road system of
any state; whether measured by om
77,000 center line miles or by our
184,000 lane miles (Figure I: Nation's
Largest Highway Program). The
challenges related to this system fall
into three categories: congestion,
deterioration, and safety.
ÛJngøtion . Traffic has tripled in the
past 30 years, from 40 billion vehicle
miles ttaveled in 1967 to 120 billion in
1996 (Figure 2: Rapid Traffic Growth).
If you back up .further in time, traffic
has increased seven fold since 1950.
Urban traffic is worse. It increased tcn
fold sincc 1950.
Nation's Largest
Highway System
ZOO.CICIO
'10.000
110.000 ~
Wl.0II0
120.000
1GO..CICIO
10.000
"CIllO
40.0lIO
2D.000
.-
~ ~ ~ ! r ~ i ~ ! 8 ! i ¡ ¡ I i ¡
o Lane IIIi1e$
. Texas has the most state agency-
administered highway miles,
whether measured by lane miles or
centerline miles.
U~'U~'~~ ~~:~J
·O·ts4UJU28
NCTCOG ~~SPORT
~005/017
. .
..-.",
~'
Texas TnnsportatÎOn Commission Testimooy to the Senate Interim Committee on TranspoItIdon
Pace 3
As high as this number is today, we are projecting a
45 percent increase in the next 1 S years. Figure %: Rapid Traffie Growth
The hours of delay due to congestion have doubled
in the put 14 years (Figure 3: Rising Congestion). I
want to emphasize that 1.4 million man hours are
lost every day in Texas due to congestion. Twenty-
five percent of our Interstate System in Metro and
Urban areas are at 9S percent of design capacity. An
additiooa143 percent is at 80 percent capacity.
It is clear what a45 percent increase in traffic will
do at these existing capacity levels. We are all
interested in economic development and businesses
have choices. Businesses will ~ choose to locate
in areas with heavy congestion.
Rapid Traffic Growth
..
..
....
.-
..
....
...
.,
.'
..
I : ..
..
...
..
.
..
..-
..
.
~ ! § I ¥ ~ I I I i
Dderio,atitm. Roads and bridges do not lASt .___"'_,___._....'_a~ ......-
forever. The typical design life of a road is 30-40
years depending on geographic location and proper
preventative maintenance schedules. A massive - Traffic has tripled in 30 years.
road building program of fann to market, state
highway, and US highway systems occurred in
Texas after World War II. These roads have Figure 3: Risillg CODCestion
reached that typical design life limit We are having
to do expensive patching and resurfacing work to
keep a lot of them going. Even the newest part of Rising Congestion
the system, the Interstate, that was begun in the
1950's and completed in the early 1970's, has parts
over 40 years old.
.
When measuring the condition of a road ñom a
driver's point of view we use three categories:
desirable. acceptable and tolerable. I personally
think there is a fourth category we would all call
intolerable. We do a careful examination of road
surfaces in each diS1ri.ct every two years. We have
a much more detailed point sy~cm but I think this
presents the case in a more understandable format.
-
uœ
MOD
1..
. 1..
1 lID
~ IIID
'.
:
:
4GO
2IID
i i I i I i I I If! I ! f ,
a-nM Daft ~ fI OM!rcr.... ........)
. Drivers in the seven largest urban
.areas experienced & 99% in~e in
hours of dela from 1982 to 1996.
V4'U~/~~ ~~:~J
'O'ö4UJUl8
NCTCOG TRANSPORT
I4J 006/017
. -,
Texas Transponation Commission T~ony to the Sena~ Intàim Committee on Trusportation
Page 4
1ñere arc about 4,200 bridges still on the state
system that were designed for a maximum
30,000 po~d truck. We go to a lot of trouble to
inspect and post bridges for the public safety. If
we determine that a bridge is unsafe for a load
ovc:r 15,000 pounds, we post it :ss such. Under
CUIY'ent law, we then arc required to issue a
"2060" permit and aùthorize an 84,000 pound tnlck to cross it. I know the 2060 pcnnit decisions
In 1993, 57 percent of our pav~ment lane-miles
were rated desirable. That has dropped to 30
percent (Figure 4: Deteriorating Roads). We
have increased the maintenance and preventative
maiatcaanc:e budgets, which will have the effect
. of holding the line, but will not dramatically
raise the scores.
Bridga. Texas has 33,238 bridges on the state
system and 15,590 pffthe system, on COWlty and
city roads. Most of the on-system bridges are
over 30 years old and 5,000 were built before
World War ll. There arc 13,840 bridges rated
deficient (Figure S: Failing Bridges)
.
There are two kinds of deficient bridges.
F unCliona/1y dtjici~nt means that although they
can cany the weight safely, they either. have
under capacity designs for the volume of traffic,
or they arc too narrow for the roads, etc.
Structurally deficienl means that they arc not
safe to cany legal weights and are therefore
posted and restricted (except to 2060-pcnnitted
ttucks).
We replace about SO on-state system and 70 off-
system bridges each. year. The percentage of
deficient off-system bridges has decreased trom
66 percent to 44 percent over the past 8 years.
The perc;entage of deficient state system bridges
has increased ñom 18 percent to 20 percent over
the same period.
-
Fipre 4: Dctcrioratia, Roads
Deteriorating Roads
-
IN
1ft
..
-
~~;
;¡.~.~
,.,:;
.~;.;~
~..-\
..f. ~'
.. ¡f" ~
~t~;..
..
':':{
·ô..·
. ~ :.....
-
-
"
-
- - - - -
"-....~
. In 1993, 57% oflane-mUe.s were
rated ffDesiJab1c. n By 1997, the
number had declined to 30010.
Figure 5: Failing Bridges
Failing Bridges
CeIMIIIaft..,. T_1I4Wta
. There are 13,840 ddiåenc bridges
in Texas; 6,470 oftbese are on the
state m.
V4'V~'~~ ~~;~~
-g'O"UJU~ð
NCTCOG TRANSPORT
~007/017
.-
.....~
Texas Transportation Commission Testimony to the Senate Interim Committee on Transponation
Page 5
were based on economics, dollar damage to roads versus economic impact to the State. I believe
it has been beneficial overall, even if the permit f~es don't offset the damage to the roads. But
the bridge portion of it is a danger.
It jeopardizes the safety of the
families traveling behind those
aucks. I believe we will have
some disasters due to this existing
law and I urge you to reconsider
changing at least the bridge portion
ofit.
Trtlffic Stlldy. While traffic has
increased almost four fold since
1963. the numbcroffaralities on
Texas roads has increased by over
a third (Figure 7: Traffic Safety).
The smaller pereentage increase in
fatalities compared to the higher
increase in miles traveled is
directly related to safety
improvement in vehicles and safer
standards in our lOadS. In the same
time period the number of fatalities
has dropped from a little over five fatalities per 100 million miles traveled to a little under two.
This particular photo taken in
Febl'U81)' (Figure 6: Heavy Trucks
Damage Roads and Bridges) is on
Milam County Road S 12. We
posted the bridge at 5,000 poWlds
per axle and 8.000 poWlds gross.
In the past five years we have had a
39 percent increase in oversize!
overweight permits.
.
Figure 6: Heavy Trucks Damage Roads and Bridge$
Heavy Trucks Damage
Roads and Bridges
. A "2060" permit enables an 84,000
pound truck to travel on any bridge
in Texas except interstates, even if
osted "unsafe above 15,000 Ibs."
We mow that the ineident rate of fatalities on a non-urban. two-Ianc highways is more than
twice as high for the S8Øle number of miles traveled when compared to roads on interstate
standards or divided freeways.
Our recent initiative in 1he Trunk System to convert over 800 miles of heavily traveled two-Iane
roads to divided four-lanes will D.Qt only provide marc effective traffic flow and alternate
corridors. it could reduce the accident rate on those stretches converted by over SO percent
-
.
.
-
U~'U~'~~ LL:l~
UCS'¡UJUl8
NCTCOG TRANSPORT
~ 008/017
Texas Transportation Commission. Testimony to the Senate Interim Committee on T~n
Page 6
Typically $10,000,000 invested Ú1
hazard elimination projectS will
fund 2S projects at $400,000 each.
1lùs would save an additional 2
lives per year and prevent crashes
by 320 per year.
racure 7: Traffic Safety
Traffic Safety
Another component o( safety that
the agency is involved in bas to do
with rail ClOssings_ We still have
almost 7,000 unsignalized rail
crossings in Texas (on and off the
system on public roads). This
situation is being reduced (our
different ways:
zao.aoo.aoo.OCIII aaoao
_OOQ,aao._ ISOID
:
J I
f
It _-._.Im - i
i f
i I
50.000.000.000 IDI
· by installing signals,
· through grade separations.
· by eliminating crossing, and
· through abandonment.
o .
ft_~·-~·~·-i~~J-~-~
! ! ! ! = = E ~ =-1 . J I J.i I !
Over the past 10 years unsignaliz.ed
crossings have been reduced by
2,880 - about halfby
abandonments, the other half by
signal placements. A typical signal
installed costs about $125.000.
-- Vehicle Miles Traveled
-- F atalitJes
. Since 1963, traffic has increased
almost four times, but fatalities by
less than half.
In addition to abandomnenr and signals, we have two programs to encourage communities to
close low usage crossings. The fim is an incentive package composed of federal and railroad-
matched funds to give communities road improvement money for each crossing they close. The
second has to do with our railroad grade separation program. We CDcoura¡e a community to
close several low usage crossings as part of receiving the gr.uJc separa.tÏol1{ or overpass).
Because of the railroad mcrg~ the rail companies are abandoning some lines and consolidating
traffic on others. This has both positive and negative aspects from a driver's standpoint.
Obviously when abandomncnt occurs the need for signals and grade separation is eliminated.
When a line is consolidated, train traffic jumps dramatically. Communities cut into by rail lines.
that were seeing 12 to 1 S trains per day, in many cases are now having 30 to 40 trains per day. I
have seen some as high as SO and 60. In situations like this, grade separations become a
necessity .
. -.
.i
.
-
U~¡U~/~~ ~~:l~
"aö4UJUlð
NCTCOG TRANSPORT
fl¡ 009/017
Texas TRnSpOnation Commission Testimony to the Senate Interim Committee on Transponalion
Page 1
FALLING BEIDND
Every once in a while someone will ask me "Why, i(the department has more money than it ever
has. are we getting further behind in our needs.,.. That's a really good question. To answer that
let's look at how effective we are with the money we have.
It's easy to find an item that someone thinks the depanm.ent does wrong and pick on it. When I
was Mayor of Jacksonville I used to say that we had 150 city employees and 12.000 inspectors.
Someone could always find some criticism no mater how well we were doing.
In my opinion. the best way to really see how effective we are is to compare ourselves with our
peers. the other states:
· our 20 cent per gallon gas tax
falls in the middle when
compared to other states,
· 28 states spend a higher
percentage of their budget on
highways than Texas.
· 40 spend more on highways per
lane mile,
· 43 spend more per vehicle mile
traveled,
· Texas ranks 45th in highway
exPenditures per capita.
When comparing employees to
operate this system with other states,
Texas is 44th in employees per
capita and 45th in employees per
vehicle mile traveled (Figure 8:
Economical Service).
As far as why we are falling behind
with an increasing budget, I (ecl
there are two main reasons:
complexity and inflation.
Figure I: Economical Service
EconornicalService
$1,200
Texas
$1,000
S800
S600
S400
S200
so
~ ~ ~ ! § ~ ~ ¡ ä ~ ~ ~ 8 ¡ ë ~ ~
o State Highway Expenditures per Capita
. Texas ranks 45th among the states in
highway expenditures per capita.
. -~}
....-.
.
.
u¿!U~,~~ ~~:~~
'O'~4UJUl8
NCTCOG TRANSPORT
III 010/017
Texas Transportation Commission Tescimony to the Senate Interim Committee an Transponatioo
Page I
The first part of complexity has to do with environmental laws and regulations. In 1963, where
the safety chart started (Figure 7: Traffic Safety), when we wanted to build a new highway, we
would survey the land, acquire it and start building. We now have 41 federal and state statutes
that must be fonowed before we ever touch the land. They add years to a project's development
and increase cost. InVariably, ü someone doesn't like the project, they will jump into these laws,
and if we haven't .done everything perfect, shut us down. It's amazing to me that we arc ever able
to build a new project. In the TEA 21 debate our department was deeply involved in trying to get
some of these statutes streamlined, Ficure 9: Complex Solutions
but were unsuccessful. The
department is very envùomnentally
sensitive and we intend to stay so,
but many of these laws are
overlapping and some add time and Complex Solutions
cost to the process without benefit to
the environment.
The other part lw to do with the
complexity of some of the projects
needed to solve problems. When I
was kid, I remember seeing the new
cloverleaf design on the Interstate
System to move ttaffic. I thought it
was the most futuristic thing. It now
takes a full interchange at a cost of
$120.000,000 (give or take). During
construction we also have to handle
existing traffic which is already
coogested. If we have to buy right
of way at that point, it's by the
square foot, not acre.
The second cause, and I think the
¡reatest. has to do with inflationary
cost in the construction industry.
We have all heard that the country is
in an extended period of low
inflation. It is easy to forget that it doesn't apply to aU industries, the constrUCtion Î.I1dustJy in
particular. We have been in one of the lon¡est extended construction booms the coœUy bas ever
seen.
. Modem urban
complex, sophisticated solutions.
U~'V~/~~ ll:lö
'O'6-10J028
NCTCOG TRANSPORT
~Oll/017
. '..
Texas Transportation Commission Testimony to the Senate Interim Committee Oft Transportation
Page 9
.
Without going back to the double digit inflation of
the seventies. let's just look at the past S years
(Figure 10: Rising Cost of Construction).
Highway construction costs have increased an
average of 5 percent per year. Our Unified
Transportation Program (UTP) planning document
- plans 4 years out. At 5 pcteent per year that's 20
percent erosion in 4 years. With a recent letting
schedule of $2 billion per year, 20 percent times
$2 billion is an effective loss of$400.000.000 in
purchasing power by the end of that period. With a
nationwide increase in highway construction due
to TEA 21 which equates to a 40 percent surge in
highway constxuction demand nationwide, 1 would
speculate that the S percent per year nwnber will
have a greater chance of increasing than
decreasing. By the time we get to the end of the 6
year TEA 21 period, the $700 miIlion extra per
year &om the bill could have mostly eroded away.
Cement prices alone in Texas have inccea$ed 25
percent in the past 6 months. That is, if you can
get cement.
The best example of the long term cumulative
effect of erosion due to inflation is in Houston
using actual coSt. On 1-10 inside the 610 loop is a
5 mile stretch of ten-Jane interstate that was built
in 1967 for $3.5 million. This cost did not include
any overpasses, bridges. land acquisition or
design cost. We are now in the process of
rehabilitating that original ten lanes. The bid cost
is $44.6 million. That is an increase &om $3.5
million to $44.6 million in 30 years; almost 13
times. In that same time period our budget has
increased six times.
Before I twn it back over to Chairman Laney. I
would like to say that in 1960 one third of the
state's budget went for transportation. Today it is
closer to one twelfth (Figure 11: Reduced
Emphasis on Transportation). The generations
that preceded us anticipated that the automobile
.
Figure 10: Risiog Cost of CODstructioft
Rising Cost of
Construction
".
'..
.
...
...
..
-
-
.
i · ~ I I I ~ I f 1 2 I I 1 ~ I Ã 1 ~ , f t
a '..........rCMt~ ....._..... .I...............~..
Figure 11: Reduced £mpbuis on Transporbtion
Reduced Emphasis on
Transportation
·
·
·
!
!
'"
..
: ! t ~ , ~ ~ I I I Ii' I j ¡I! I i
T_...........~_."--".ToIIII...
o..-lIIsL ..._
. In 1960, one third of the state
budget went for transportation.
Today, it is doser to one twelfth.
.'
;
u.,C
.
.
U~'U~;~~ !!:~o
'D·tS'¡OJO~8
NCTCOG ~~SPORr
III 012/017
Texas TI'IR$pOI'WÏOå CoD1mission Testimony Co the Senate Interim Commince on Transportatioft
Page 10
would be the transportation of choice for Texans and they were right. I don't know ü anyone
would have speculated as to the volume oftraflie that we are seeing today. They did, however,
make unprecedented investments toward that end for wlûch we have been reaping the benefits
for a IODg time. We have been $pCðding the interest as well as dipping mto the principaI'ofthat
investment. With the CWTeDt budget level that we have, we C3I1DOt both m~in~in the aging
system at a reasonable level and expand it to meet the 4S pclCCIlt increase in volume over the
next 15 to 18 years. Thank you.
TESTIMONY OF DAVID M. LANEY, COMMISSIONER OF TRANSPORTATIQN
You are positioned to see morc clearly than most !he role of transportation in protecting the
vitality of the Texas economy. In every region of the state, in every community, and for every
Texan. prospects for economic opponunity rise and fall with the efficiencies of their area's
transportation systems.
M you know, 1ransportation investment decisions we make today might not be tangible for years
- but how we invest in our ttansportation system, and how much we inv~ will dramatically
affect a community's competitive position in fiercely competitive economies at s1at.ewidc,
regional, natJ.onal and in some cases even globallevcls, for literally generations ofTcxans.
There are always considerations of safety, convenience and the overall quality ofUavel in Texas
when we talk of transportation. But, what is at stake, ultimately, is future economic oppoitunity
for Texas, for its communities, and for its citizens.
As you saw trom Mr. Nichols' presentation, th~ core of our transportation infrastructure was a
product of cumulative years of heavily concentrated investment in the 50's, 60's and early 10's.
It has given cities and towns throughout Texas the competitive advantage to attract, hold and
expand economic opportunity more successfully than virtually any state other than California.
We have certainly capitalized on the advantages that early investment has afforded us - but
we're also riding our system to the point of exhaustion.
Our principal ehal1cnge at TxDOT is no surprise to any of you - funding. Recently'we have
bcgW1 to gain some ground OD the funding issue, but we still have two clearly identifiable
additional steps lcft to complete the job, and for each one we need your be1p.
Progress to date. To survey the progress to date, the critical early steps arc now behind us.
Specifically, our 1997 Sunset legislation and TEA 21.
The first,. thanks to YOlL Through oW' 1997 Sunset Legislation, in tandem with the 1995 NHS
Designation Act, you launched our State Infrastructure Bank. (SIB) and toll operations, allowed
congestion pricing, "HOV's" and "HOT's," and even private inV~b.I.eát in transportation
projects. The SIB is already active with loans and commitments, and 1 expect that we will go to
the bond market with our first toU project during 1999 - with morc to follow.
.'
.)
.
.
U!/U~/~~ 11:27
'0'6403028
NCTCOG TRANSPORT
f4J 013/017
Texas Transportation Commission TescÍIDooy to 1he SeDate Interim Committee on Transportation
Pace 11
On that count, I am confident that toll financing alone will result in the iIÿection ofhundreds of
millions of new doUm into ttanspOrtation projects in Texas over the first decade of our Texas
Twnpike Authority Division (1T A) operations, accelerating a few critical projects and relieving
at least some of the phenomenal pressure Dowon state and federal transportation funds. The
. North Texas Toll Authority, which you created concurrendy with our ITA division, 5eeØ1S well
along its way to do the same for us in North Texas, just as the Harris County TnU Authority has
done so effectively in the Houston area.
10 short, the renovations you made to our financing flexibility in 1997 were the equivalent of
opening a pipeline to a new reservoir of supplemental tnmsportation dollars. A few tecbnìcal
wrinkles have smfaced at the fcderalleve1with the SIB program, and at the state level with our
toUing authority - but I am confidcot we will iron them out.
F ederallevel progrus. The second major step. one that we worked on for over 3 years is now in
place as well- TEA 21-which resulted in reducing the level of our involunwy charitable
contributions to our friends in states like Massachusetts and New York. You have heard the
numbers: on {onnula distributions and most demonstration projects we expect a return of about
90.5 centS on the dollar. compared with 82 cents under IS~ and a return on all distributions
close to 86 cents vs. 77 cents under ISTEA. The average annual increase over ¡SmA levels
during the six year life of TEA 21 is over 5700 million, not including allocations to Texas under
discretionary funding programs. for projects in areas such as:
· national trade corridors
· border iI1Úastructure
· Intelligent Transportation Systems (S679m)
· Interstate Maintenance ($55Om)
. and Bridge Maintenance ($525m)
To protect our 90.5 cent retwn, we will have to compete effectively enough to capture at least
$350 million from those programs over the next 6 years (the aggregate discretionary program
funding level is $4.7 billion). We will set our sights higher than $350 million. as you might have
guessed, and I am c:onfident we will c:ompete very effectively.
Through TEA 21 we took a giant step for transportation funding in Texas - our congressional
delegation in Washington, with few exceptions, truly flexed its musçles and delivered - but our
transpOI1atÍoD needs continuc to overwhelm us, and TEA 21 is hardly the panacea we would all
like to think it is. In fact, it poses one major financial challenge we all anticipated (although we
had DO way to predict the magnitude). and now we have to overcome - meeting our inaeased
state match requirements under TEA 21 funding levels Without decimating critical state funded.
programs. Very simply: Without your help in 1999. it can't be done.
.
'.
)
.
.
-
U~/U~/~~ ll:ll
-0'6403028
NCTCOG TRANSPORT
~014/017
Tens Transpottation Commission Testimony to the SeDate Iftcerim Committee on Transpor1atiOll
Page 12
STATE PROGRAMS AT RISK
Figure 11: lOO·Æt Slate Fuaded Coastradioa Procram
Again. let me refer to the trends Robert
presented. Under the circumstances. our
only prudent strategy is to increase State
~tenancc and State constroction
funding at least modestly (Figure 12:
100% State Funded Construction
Progr.un). Our most significant
inunedia.te funding challenge, however,
at least in the first instance, is much
simpler: it is the protection of the cUI'l'Cnt
level of our State funded construction
activities.
100% State Funded
Construction Program
....-.-
.......-
neo.IIOQ,GIIO
Actual .....,..
10
A$ to the expenditure of State funds, two
important points:
"'--1
CII""UOO
We wül not leavelederal dollan on the
tahl~ First, for every five State dollars
we spend, we retrieve foW' federal fucl
tax dollars. So take as a given, that we
will makc our state match and retrieve
every federal fuel tax dollar available to
Texas, no matter what state-funded
programs we have to clobber along the
way_
'1M '"7
,.,
,n.
aooo
2011'
100% state-funded construction includes:
· FN Iå&WiraIiaa .... ~ .
· HIIIriaac paaaaliaa routes
· NAFTA dbcmioDuy PfIIPID
· thbm Ia'CCU JI"OI IID
· Diaria~ pnlCRlZ1
· $Call: put ro~
Noca.4'e4cnIald IliP-lln&
c:oarraI ckW::a
· TftIIk: .....-.,..1YØaD rcbab
· ~""~repl&alciac
· IlaiIroa4l1pa1p·-,.DOt
· CoamIcQaIa Ju4Kapiac
Maintenance is ( departmellt p,io,iJy. Second, we have deliberately and systcmatiçaUy
increased state funded maintenance in teCCDt years. Still, believe us when we tell you that we
continue to lose ground. The State maintenance program represents a rising level of our
investment aimed at the protection of existing infrastructure. It represents a priority within thc
Department that is every bit as critical and virtually as sacrosanct as the commitment to meet our
state match.
But there has to be give somewhere - that somewhere is almost certainly going to be our state
construction program. And simply stated, at a time when needs in these areas are expanding
almost exponcatially, our investment in State-funded construction projects should be rising, not
collapsing. But you can see from the graph behind me (figure 13: State Highway Fund
Expenditures) that ¡fno action is taken dwing the 76th Legis1ature, we will simply have to
strangle our state construction program between 1999 and 2001 in order to meet our TEA 21
match and continue current levels of State maintenance.
.
.
.
-
U1IU~/~~ 11:28
'0'6403028
NCTCOG TRANSPORT
@015/017
,
¡
Texas Transportation Commission Tcsûmony 10 the Senate Interùr1 Committee on Transponadon
Page 13
.'
I cannot overstate the value of the types of constroction programs listed on the Grap~ and the
flexibility adequate levels of state funding affords TxDOT.
Assuming. no legislative
action in 1999. the wry best
case will be no material state
funded construction program
by 2001.
fiEare 13: State Hfcbw., Fuac1 Expcaditlares
State Highway Fund
Expenditures
A worse case is that our
projections are off, and by
2001 we have had to bwrow
through our constmction
program and into maintenance
as well to make our state
match.
PROPOSED SOLUTIONS
---
,,--
..--
~--
..._-
...--
-
There is nothing novel in our
proposed solutions other than
the heightened level of
urgency with TEA 21 now in
place. First of all. let me make
it clear that TxDOT will not be
asking for an incrœse in the
state motor fuel tax in 1999.
On the other hand, we strongly urge you to carefully and seriously consider more appropriate
options.
--
. In 2001, Texas halts $298 million in state-
funded transportation programs in order
to meet state match and maintenance
requirements.
End DPS Diversion.. The first and by far the most important is to restore to the State Highway
Fund all allocations to the Texas Department of Public Safety (Figu.rc--14: High'W)'-F.und
Diversion). Not partially; not phased. AU allocations, effective in 1999. The increase would be
about $300 million per year - enough to cover the State matcl1 and protect our State-funded
maintenance and construction programs. There will never ever be a more favorable juncture than
now to address the needs of both TxDOT and DPS. and to put both agencies on sound and
reliable financial footing. There will never --¡; an opportunity more conducive to an overall
solution to DPS and TxDOT funding deficiencies. Timing makes the opportUnity unique:
· When transportation needs throughout the State have simply overwhelmed available
transportation resources.
U..1./U""~~ ~.l:~ð
·O·t)4UJU:!1$
NCTCOG ~~SPORT
IlJ 018/017
.
,
)
Texas Transportation Commission Testimony to the Senate Interim Committee on TnsnsportUion
~e14
· When TEA 21 rnatch requirements threaten to knock the legs ttom under our State
construction program. and constrict any real growth in our maintenance activities,
· When the DPS sunset review process presents a one-time, window-of-opportunity to provide
that agency with pem¡anent, SCparate and sound financial footing going forward,
· When the Srate budgeting pressures that forced the Highway Fund diversions in the 80's and
90' $ 8fe now gone, and we can afford more responsible levels of funding for law and order
issues as well as transportation.
Perhaps it is even more instructive to view the value of a restored Highway Fund in broader
perspective: you would not have had the flexibility to cover DPS in the lean budget years
without a fully-funded Highway Fund. More importantly, unless you restore Highway Fund
levels and reposition DPS with a
separate funding source while the Fiturc 14: Hipw.y Fund DivcrsioD
strength of the economy allows it,
you will not have the flexibility
in the future to meet any
unexpected short-term
contingency. Providing a
separate funding source for DPS
makes good sense and good
public policy for transponaticn
and for law enforcement. It
makes even bener sense trom the
standpoint of financial planning.
.
Three additional funding options
should be carefully considered as
well, although in the interest of
time I wiU simply touch on them.
Po;nl of Moto, Fuel TIIX
Collection. Moving the point of
collection of our state motOr fuel
taxes ttom the retail to the
wholesale level in the distribution
process would generate between
SSO million and S100 nùJlion per
year of additional highway fund
revenue - based on minimum and
.
Highway Fund
Diversion
S330.000.00Q
so
1300.000.000 _ _
1270.000.000 ,
n~o.ooo.ooo
UIO.OOO.OOO .
1110.000.000
$150.000.000
$120.000.000
1110.000.000 .
160.000.IlOO _
$30.000.000 I
. - ~ ~ ~ I - ~ ~ ~
; ! ! ! ! - ! ! ! !
Department of Public Safetr Funding From tho State
Highway Fund (CUlt B..is'
· Since 1984, direct appropriations to
DPS from Fund 6 have increased
927 percent.
.~
.
.
ULIU~/~~ ll:~~
U640J028
NCTCOG TRANSPORT
IaJ 017/017
Tau Tnnsportati.on CommiuÌ08 Testimony to the Senate Interim Committee on Transponation
Page IS
maximwn federal evasion rates. I am confident that a change could be administered in a way
that largely protects all of the interests involve~ just as it has been done in a number of other
states.
Registration F£es.1 hope that an increase in registration fees is finally on the table. The last
increase was 15 years ago, phased in over 3 years. There are cunently 15-16 milion vehicles
. registered in Texas. Raising the registration fee by S 1 0 (or each class would raise $125-130
million per year.
Overweight Truck Permits. Robert has mentioned the 2060 permit controversy. Increasing the
pcnnit fees might generate an additional $10-20 million per year, but from our standpoint. it is
not a revenue generating measure as such sincc funds from pcrtnit fees go to counties, and fines
to DPS. It is a safety mea5W'C in the first instancc. particularly as it relates to bridges; but it is
also an added defense of our state maintenance budget as well. I know there will be considerable
resistance to raising 2060 pcnnit fees and! as important, penalties. Some issues are just worth the
fight.
FUEL TAX IN 2001
Earlier, I mentioned that ~ important steps remain. The first I just described - in 1999 we
need your help in restoring the Highway Fund.
The second step awaits the 77th Legislature. By 2001, W( wiU almost certainly have to consider
an increase in the State fuel tax.
CONCLUSION
We have worked hard, and many of you have worked with us, in reshaping TxDOT in a number
of ways that affect its performance, its effectiveness and its responsiveness to transponation
needs throughout the Slate. It is not perfect, but it is better - some might even concede, much
better.
At its best, TxDOT can be a powerful tool for you in helping shape the future for communities
throughout Texas, and in addressing needs more effectively throughout your districts. We look
forward to working with you to that end in 1999.
T~15lAO.S~NP\S~T£~ms- _c--_....'_IIIfM.. IC C
Texas Transportation Funding
Coalition
RECOMMENDA TION TO THE 76TH TEXAS LEGISLATURE
Increase annual appropriations to the Texas Department of Transportation by:
~ Fully funding the Department of Public Safety from a source other than State Highway Fund 006
[$315. million] and
~ Levying and collecting the state motor fuels tax at the terminal rack [$235 million].
RA TIONALE
The U.S. Congress recognized the need for increased investment in the nation's surface transportation
infrastructure when it enacted the Transportation Equity Act for the 21st Century (TEA-21) in 1998.
TEA-21 will increase federal reimbursements coming to Texas by about $750 million annually,
provided Texas puts up about $190 million more in state funds to meet the financial participation
requirement. Even with this additional $940 million, Texas will still have funding to address only 42
percent of its identified surface transportation needs.
Business growth is essential to a healthy economy, to Texas prosperity; and a reliable and efficient
transportation system is critical to business growth. With a strong economy and healthy state revenues,
there is an opportunity now for Texas to improve its level of investment in mobility. Texas should have
sufficient resources to address at least 50 percent of its identified road and bridge maintenance and
expansion needs--a reasonable and achievable goal.
Annual Department of Public Safety appropriations from State Highway Fund 006 have increased from
$30 million in 1983, to $60 million in 1986, to more than $315 million in 1998. In the meantime,
Texas' aging infÌ'astructure is deteriorating--30% of highway lane miles were rated desirable in 1997 as
compared to 57% in 1993. Traffic volumes increased 3-fold over the last 30 years. Hours of delay due
to traffic congestion doubled in the past 14 years, causing a $4.4 billion annual economic loss in Texas'
six largest metropolitan areas. And Texas has 13,840 deficient bridges--the most in the nation. State
Highway Fund 006 revenues need to be fully invested in road and bridge maintenance and expansion.
The Federal government and 19 states have realized significant revenue increases from their motor fuels
taxes by moving the point of accountability from the distributor to the tenninal rack. Texas should
follow suit by levying its tax on motor fuels at the tenninal rack without disrupting legitimate
businesses. The IRS collected significantly more revenue when the federal tax on diesel fuel was moved
to the terminal in Texas in 1993. If the same rate of collection increase applies to the state tax on fuel by
moving it to the tenninal, then Texas would realize $42 million new revenue for schools and $235
million new revenue for transportation annually.
The additional $550 million investment of state funding in transportation infrastructure recommended
herein will help alleviate deteriorating road and bridge conditions and rising roadway congestion and
enable Texas to meet the match requirement to leverage TEA-21 federal reimbursements.
Austin MPO, Dallas Regional Mobility Coalition. B Paso MPO, Fort Worth Chamber of Commerce, Greater Austin Chamber of
Commerce, Greater Dallas Chamber, Greater B Paso Chamber of Commerce, Greater Houston Partnership. Greater San
Antonio Chamber of Commerce, Houston-Galveston Area Council, Lubbock MPO, North Central Texas Council of
-
Governments, North Texas Commission, Rio Grande Valley Partnership, San Antonio-Bexar County MPO, Texas Conference
of Urban Counties, Texas Good RoadslTransportation Association, Texas Metropolitan Planning Organizations (TEMPO)
12101198 CONSENSUS STATEMENT
_ Why should Texas invest more to maintain and expand its road and
bridge infrastructure?
1. Texas Ïnfi'astructure is aging--more funding is required to maintain it.
~ The typical design life for surface transportation Ïnftastructure is 30-to-40 years--much of
Texas' Ïnftastructure is already beyond its design life.
~ 78% of Texas roadways are in need of repair or modernization.
2. The condition of Texas roads and bridges is deteriorating.
~ 57% of the lane miles of Texas highways were rated desirable in 1993.
~ 30% of the lane miles of Texas highways were rated desirable in 1997.
~ Texas has 13,840 deficient bridges--most in the nation.
3. Highway performance is not keeping up with job, population and traffic growth.
~ Texas is a high growth state--it added 368,000 new jobs in 1997 and its population increased
2,453,002 between 1990 and 97.
~ Traffic volumes are increasing dramatically in Texas--3-fold over the last 30 years--120
billion vehicle miles of travel on Texas highways in 1997.
~ 104 million worker hours are lost every day due to traffic congestion in Texas--the hours of
delay have doubled in the past 14 years--$404 billion annual economic loss in Texas' six
largest metropolitan areas.
~ 25% of the Texas interstate highway system in urban and metro areas is at 95% of design
capacity--an additional 43% is at 80% capacity.
4. Texas does not invest adequately in its surface transportation infTastructure.
~ Transportation Needs Revenue Assessment published by TxDOT in January of 1997
documented that current level funding is adequate to address only one third of the identified
Texas road and bridge maintenance and expansion needs.
~ Transportation expenditures as a percentage of total state government expenditures declined
fÌ'om 33% in 1960 to 7% in 1997.
~ Texas ranks relatively low nationally in highway expenditures--41st per lane mile, 44th per
vehicle mile traveled and 45th per capita.
~ Nearly $200 million more is needed in annual state funding for Texas to receive all eligible
reimbursement of federal motor fuel taxes paid by Texans.
5. Business growth is essential to a healthy economy, to Texas prosperity; and a reliable and efficient
transportation system is critical to business growth.
Texas Transportation Funding Endorsements
(as o/December 11,1998)
Local governments, chambers of commerce and numerous other organizations throughout Texas are
formally adopting policy positions urging the 76th Texas Legislature to provide more state funding for
transportation. While all are endorsing the Texas Transportation Funding Coalition strategies of
moving the state motor fuel tax ttom the distributor to the terminal rack and fully funding DPS ttom a
budgetary source other than State Highw~y Fund 006, many are also endorsing additional measures for
increasing appropriations to TxDOT such as adjusting the fee and penalty for overweight vehicles (the
2060 Permit) and increasing vehicle registration fees. The growing list of organizational endorsements
includes:
1. Alvarado City Council
2. Arlington Chamber of Commerce
3. Carrollton City Council
4. Collin County Commissioners Court
5. Dallas Citizens Council
6. Dallas City Council
7. Dallas County Commissioners Court
8. Dallas Regional Mobility Coalition
9. Denton City Council
10. Duncanville City Council
11. Everman City Council
12. Fort Worth Chamber of Commerce
13. Frisco City Council
14. Garland City Council
15. Grand Prairie Chamber of Commerce
16. Grand Prairie City Council
17. Greater Austin Chamber of Commerce
18. Greater Dallas Chamber of Commerce
19. Greater El Paso Chamber of Commerce
20. Greater Houston Partnership
21. Greater Irving-Las Colinas Chamber of
Commerce
22. Greater San Antonio Chamber of Commerce
23. Houston-Galveston Area Council
24. Irving City Council
25. Keller City Council
26. Lubbock Metropolitan Planning
Organization
27. McKinney City Council
28. Mesquite City Council
29. North Central Texas Council of
Governments
30. North Dallas Chamber of Commerce
31. North Texas Commission
32. North Texas Regional Transportation Task
Force
33. North Texas Tollway Authority
34. Oak Cliff Chamber of Commerce
35. Parker County Commissioners Court
36. PIano City Council
37. Richardson Chamber of Commerce
38. Rio Grande Valley Partnership
39. Rowlett Chamber of Commerce
40. Rowlett Economic Development Foundation
41. San Antonio-Bexar County MPO
42. TEMPO-Texas Metropolitan Planning
Organizations
43. Texas Conference of Urban Counties
44. Waxahachie City Council
Texas Transportation Funding Strategy
Goal
Increase the annual investment in road and bridge infrastructure to a level that enables the Texas
Department of Transportation (TxDOT) to address one-half rather than one-third of the identified
Texas transportation needs.
Phase One
The 1991 federal surface transportation program (ISTEA) and Senate Bill 370 enacted by the Texas
Legislature in 1997 broadened the transportation-funding base and provided for new financing
flexibility. ISTEA permitted private funding and toll revenues to be combined with federal tax funding
to implement projects. It also authorized states to establish inftastructure banks to serve as revolving
loan funds for transportation improvements. SB 370 established a state infÌ'astructure bank (SIB) for
Texas and created the Texas Turnpike Authority as a division of TxDOT, enabling the use of toll
revenues to support debt financing of road and bridge projects. ISTEA provided initi~1 ~.P.d 1J1t\nP-y for
the SIB.
Phase Two
The Transportation Equity Act for the 21st Century (TEA 21) enacted by Congress in 1998 adjusts the
distribution formulae for federal transportation funding to provide for a higher minimum allocation of
highway funding to state DOTs. TEA 21 increases TxDOT's annual formula allocation of federal
funding by an average of $713 million and provides $700 million discretionary funding for
international trade corridors and border inftastructure for which Texas should compete strongly. TEA
21 does not provide for continued investment of federal funding in the Texas SIB. Congressional
action to correct this deficiency is needed.
Phase Three
The 76th Texas Legislature, which convenes in January 1999, is urged to follow the Congressional lead
in increasing investment in transportation inftastructure. It is urged (i) to fimd the Department of
Public Safety fÌ'om a source other than State Highway Fund 006; (ii) to reduce motor fuel tax revenue
loss by moving the point of collection fÌ'om the distribution level to the terminal rack; (iii) to adjust the
2060 Permit fee and penalties to reduce the passenger vehicle subsidy of oversize/overweight fÌ'eight
vehicles; and, (iv) to increase vehicle registration fees. Without substantially restoring the state
highway fund, TxDOT will have to discontinue or dramatically reduce the highway improvement
program funded with 100 percent state dollars. Funds traditionally allocated for that program will be
needed to meet the 20% state participation requirement for receipt of federal transportation funding.
Phase Four
The 7th Texas Legislature, which convenes in January 2001, is urged to complete the overall
transportation funding strategy for Texas. Achieving a funding level that enables TxDOT to address
one-half of the identified Texas transportation needs will require an increase in the motor fuels tax, the
major source of state transportation revenue. Without this phase, Texas will not be able to leverage all
the federal transportation funding for which it is eligible under TEA 21, because TxDOT will not have
sufficient state highway funds to meet the 20% state participation requirement fully after 2001.
08198 POLICY STATEMENT
- How should Texas fund an increase in transportation system
investment?
1. Stop appropriating highway user fee revenues for anything other than road and bridge
rriaintenance and expansion. State Highway Fund appropriations to the Department of Public
Safety have increased dramatically, fÌ'om $30 million in 1983, to $60 million in 1986, to $319
million in 1998. More than 85% of the DPS budget is now funded with highway user fees.
Public safety is an important function and DPS surely needs the funding it receives, but it
should not come fÌ'om highway user fees unless and until they produce enough revenue to
address the majority of the basic maintenance and expansion needs of Texas roads and bridges.
2. Increase the collection efficiency of the motor fuels tax, by moving the point of taxation fÌ'om
the end to the beginning of the distribution process. About 4500 distributors who sell fuel to
retailers now pay the tax. A much smaller number of distributors, currently 98, buy fuel
wholesale at the terminal rack. The Federal government and nineteen states have significantly
increased revenue collections by moving the point of taxation to the terminal rack. If Texas
were to implement this change, annual revenue collections could increase fÌ'om a minimum of
$50 million to as much $250 million, depending upon how much tax evasion there really is in
Texas with the current system.
3. Vehicle registration fees in Texas have not been increased in fifteen years. The annual
registration fee for a typical passenger car in Texas is $60. An across-the-board increase of
twenty percent would generate nearly $130 million annually in much-needed funding for
TxDOT. If such an increase were implemented incrementally, such as five percent per year
over a four year period, the impact on the typical driver would be negligible--three dollars more
per year. After four years, the annual registration fee for the typical passenger car would be
$72.
4. Increase the pennit fee and penalty for overweight vehicles. Currently about 12,000 vehicles
purchase an annual permit, commonly called a 2060 Permit, which enables them to exceed the
legal axle loading by 10% and the gross weight by 5%. A i 0% increase in axle loading
increases pavement damage or consumption by 50%, which largely accounts for why the "big
rigs" pay only 13% of their share of highway costs compared to 118% paid by passenger cars.
The current fee for a 2060 Permit is $75 per year. It should be $2,033 in order to correlate with
the cost of damage the extra weight does to road and bridge surfaces, according to a study
performed by the Texas Transportation Institute. Implementing this higher fee leve~ along with
an increase in the sanction for operating an oversize/overweight vehicle without a valid permit,
would generate more than $20 million in additional revenue. Reducing the number of big rigs
on Texas roadways would enhance safety and reduce maintenance burdens.
5. Increase the motor fuels tax by five cents per gallon in 2001. This change would generate $430
million annually for the State Highway fund and $140 million annually for the Available
School Fund.
Texas Transportation Funding
Strategy
Goal:
Increase funding to enable TXDOT to address ~ of Texas' identified road and bridge
maintenance and expansion needs
Phase 1: ISTEA (1991) & SB 370 (1997) - Funding flexibility -- tolls and SIB
Phase 2: TEA-21 (1998) -- Increased return to Texas -- -$750M annual average
Phase 3: 76th Texas Legislature (1999) -- $520M
Þ- $320M by moving DPS to another budgetary fund, out of Fund 006
Þ- $ 50M by moving the point of fuel taxation to the terminal rack
Þ- $130M by increasing vehicle registration fees 5% per year for four years
Þ- $ 20M by increasing the 2060 permit fee and penalty
Phase 4: 77th Texas Legislature (2001) -- $430M
Þ- 5-cents per gallon increase in motor fuel tax
The Math
$750M + $520M + $ 430M = $1,700M additional annual transportation funding
$1,700M + $3,500M = $5,200M additional + current-level funding
$5,200M = - 50% of the $10,500M average annual need