Loading...
HomeMy WebLinkAboutCC 2000-08-14 Agendas CITY OF NORTH RICHLAND HLLLS PRE-COUNCIL AGENDA . AUGUST 14, 2000 - 5:00 PM For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. Discuss Items from Regular August 14, 2000 City Council Meeting (5 Minutes) 2. NLC "National Municipal Policv" (5 Minutes) 3. Presentation of the Millennium Report (20 Minutes) (Agenda # 13 GN 2000-085) 4. *Executive Session - The Council may enter into closed . Executive Session to discuss the following: Consultation with Attorney as Authorized by Government Code §551.071 Weir v. City of North Richland Hills (5 Minutes) Personnel Matters as Authorized by Government Code §551.074 Council Appointed Positions (75 Minutes) 5. Adjournment - 6:50 pm *Closed due to subject matter as provide by the Open Meetings Law. If any action is contemplated, it will be taken in open session POSTED -~- ~//·OO Date --4.~º() ~Ot Thoe ---~-~ """"t~",, t'"'" B~k2~ ---------~,... __".~ T..-____."._-.-..-.._ 8/14/00 City Council Agenda Page 1 of 5 CITY OF NORTH RICH LAND HILLS CITY COUNCIL AGENDA AUGUST 14, 2000 - 7:00 PM For the Meeting conducted at the North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 427-6060 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation - St. Paul Presbyterian Church Richard Schmidt, Pastor 3. Pledge of Allegiance - 4. Special Presentations Acknowledgement of "Atta Boys" - North Richland Hills Emplovees 5. Removal of Item(s) from the Consent Agenda 8/14/00 City Council Agenda Page 2 of 5 6. Consent Agenda Item(s) a. Minutes of the Pre-Council Meeting July 24, 2000 b. Minutes of the City Council Meeting July 24,2000 G N 2000-081 c. Interlocal Agreement for Disposal of Household Hazardous Waste with City of Fort Worth - Resolution No. 2000-054 G N 2000-082 d. Flood Damage Prevention Ordinance - Ordinance No. 2498 GN 2000-083 e. Approving the Local Transportation Project Advance Funding Agreement with TxDOT for the Walker's Creek Trail and Bike Transit Station - Resolution No. 2000-059 GN 2000-084 f. Vacation of the Dedication of Industrial Park Boulevard - Ordinance No. 2499 PU 2000-033 g. Award Bid for Bay Door Replacement at Fire Station 4 PW 2000-025 h. Approve City-Developer Agreement for CIP Water System Improvements with Keller-Smithfield Road, L TD, Northeast Tarrant Dev., LLC and J & J NRH 100 FLP for Water Lines P-8211 and P-8928 - Resolution No. 2000-057 PW 2000-026 i. Approve City-Developer Agreement for CIP Sewer System Improvements with Keller-Smithfield Road, L TD, Northeast Tarrant Dev., LLC and J & J NRH 1 OOFLP for Sanitary Sewer Lines L3.1 and L3.2 - Resolution No. 2000-056 7. SRC 2000-06 Public Hearing to Consider the Request of Spencer Design Group, Representing Provident Realty, to Vary from the Sign Regulations for Two Nonconforming Signs, on Lot 1 R, Block 1, Tapp Addition (Property Located at 5201 Rufe Snow) 8/14/00 City Council Agenda Page 3 of 5 8. SRC 2000-07 Public Hearing to Consider Amending the Sign Regulations - Section 11.A2 Special and Additional Regulations; Signs for Automobile Dealerships - Ordinance No. 2504 9. PZ 2000-26 Public Hearing to Consider the Request of JB & JB Development for a Zoning Change on a 4.362 Acre Portion of the Cobb Addition from AG Agricultural District to 01 Office District (Property Located in the 8000 Block of Precinct Line Road) - Ordinance No. 2500 10. PZ 2000-27 Public Hearing to Consider the Request of JB & JB Development for a Zoning Change on a 6.91 Acre Tract of Land out of the Stephen Richardson Survey, Abstract 1266, from AG Agricultural District to R2 Single Family Residential District (Property located in the 8000 Block of Precinct Line Road) - Ordinance No. 2501 11. PZ 2000-28 Public Hearing to Consider the Request of Jean Barfield Properties, Family Limited Partnership, for a Zoning Change on a 4.844 Acre Tract of Land out of the Thomas Peck Survey, Abstract 1209, Located in the 8600 Block of Davis Boulevard, from AG Agricultural District to C1 Commercial District - Ordinance No. 2502 12. PZ 2000-30 Public Hearing to Consider the Request of Keith and Kimberly Ivy, Represented by Ernest Hedgcoth, for a Zoning Change on a 5.76 Acre Tract of Land out of the Oziah Rumfield Survey, A-1365 Located at the Southwest Corner of Rumfield Road and Spring Oak Drive, from AG Agricultural District to R2 Single Family Residential District - Ordinance No. 2503 13. GN 2000-085 Review and Take Action on Millennium Committee Final Report & Recommendation 8/14/00 City Council Agenda Page 4 of 5 14. GN 2000-086 Setting Date for Public Hearings for 2000-2001 City Budget, Parks & Recreation Development Corporation and Crime Control District Budaets 15.GN 2000-087 Record Vote on Proposed Tax Rate and Settina of Public HearinQ 16. GN 2000-088 Resolution to Submit to the Texas Municipal League Regarding State Highway Traffic Signal Maintenance Population - Resolution No. 2000-062 17. PW 2000-027 Approve Change Order No. 1 for Johnson Ground Storage Tank Repainting and Rehabilitation/2000 in the Amount of $27,093.00 18. a) Citizens Presentation b) Information and Reports 19. Adiournment - POSTED rfJ.. /¡..¿; 0 Datt? A,,'()J) p·1Jt - ¡ Tim(~ Citu SCcfp.I"ry" Be~ ~.;.,~_...~- 8/14/00 City Council Agenda Page 5 of 5 CITY OF NORTH RICH LAND HILLS MEMO TO: Mayor and City Council Members FROM: Larry J. Cunningham, City Manager SUBJECT: NLC Legislative Policies Development Process DATE: August 10,2000 REF: CMM#00-056 On July 28 Greg Vick prepared IR 00-101 regarding the National League of Cities policy development process. He indicated in this IR that NLC is accepting policy proposals and resolutions for consideration at the NLC Congress of Cities in Boston, Massachusetts. We requested responses from Council about any particular issues so that we could have these prepared and submitted to NLC. We have not received any responses from Council but we did want to take a few minutes to see if there are any particular issues that have surfaced since we sent this out. From the City staffs perspective we do not have any national policy issues to submit or request of Council. We are of course continuing to be concerned with regard to the Internet Tax, but we already have a position on that. Most of the issues we deal with on a national level relate to either supporting or opposing legislation and certainly we will bring forth those issues to Council in the future. Again, the purpose of this Pre-Council item is to see if there are any issues you would like for us to submit, if not, we will just be prepared to respond to any proposals made by other cities or the federal government on national policy issues. r /" \7i- LA/V? Larry J. Cu mngham City Manager LJC/ld INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 00-101 ~¡~ ~ Date: !J' Subject: July 28,2000 NLC Legislative Policy Development Process The National League of Cities is accepting policy proposals and resolutions for consideration before NLC's Congress of Cities in Boston, Massachusetts. The City Council must take action on any of its proposals at its August 14 meeting to allow NLC to give full consideration to your input. The Board of Directors policy for the process is as follows. To be considered, a matter 1. Shall, in subject matter, concern shared policy and program needs, issues or problems of the nation's municipal governments; 2. Shall be concerned with federal government policy and, therefore, be addressed to federal government policy makers; 3. Shall neither contradict or duplicate existing NLC policy statements, except where they are intended to amend or repeal such policy; 4. Shall not compromise the independence or integrity of individual member cities to pursue any course of action adopted by appropriate municipal policy-making bodies; and 5. Shall not compromise the budget making, program determining, or priority setting role of the NLC Board. · Proposed amendments to the National Municipal Policy should specify city positions on federal roles and responsibilities, policy goals, purposes, principles and / or program characteristics within the broad subject areas. They should not refer to proposed Congressional legislation by title, sponsor's name, or bill number. · Resolutions should be restricted to those action-specific items of short-term utility addressed to the Congress or the President. In separate resolutions. specific reference to proposed legislation by title, sponsor's name. or bill number is appropriate. · Resolutions shall be considered only when they do not conflict with or contradict the existing National Municipal Policy. If vou wish to have items considered, please Qet with Larry CunninQham or mvself so we can put the item(s) on the next aaenda. JLJ~ / Greg ick ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS Present: Absent MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820 - JULY 24, 2000 - 6:15 P.M. Lyle E. Welch Russell Mitchell Frank Metts, Jr. JoAnn Johnson Don Phifer Joe D. Tolbert 1. Oscar Trevino, Jr. Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Paulette Hartman Rex McEntire Greg Dickens Larry Koonce Andy Jones John Pitstick Jenny Kratz Terry Kinzie Thomas Powell Steve Brown Pam Burney Mike Curtis Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilman Councilman City Manager Deputy City Manager Assistant City Manager Managing Director Community Services City Secretary Assistant City Secretary Adm. Asst. to City Manager Attorney Public Works Director Finance Director Fire Chief Director of Development Public Information Director Information Services Director Support Services Director Library Director Environmental Services Director Assistant Public Works Director Charles Scoma Mayor ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Pro Tem Welch called the meeting to order at 6:15 p.m. DISCUSS ITEMS Agenda Item No.13 - SRC - 2000-05 -In NAN FROM REGULAR response to a question from Councilman Mitchell, JUL Y 24, 2000 CITY Staff advised that this item was a follow-up to COUNCIL AGENDA Council's decision in May to allow some existing businesses whose signs are being impacted by the right of way acquisition for the Rufe Snow widening project to be relocated without having to bring them Pre Council Minutes July 24, 2000 Page 2 ITEM DISCUSSION ASSIGNMENT into conformance within five years. The proposed ordinance removes the five-year conformance requirement for signs that must be relocated due to property acquisition initiated by the City. A new conforming sign will still be required if there is a change in ownership or land use that requires a certificate of occupancy. Agenda Item 12 - PZ 2000-32 - Councilman Metts NAN asked for an example of how this would be used. Staff advised that this amendment will eliminate the necessity for some applicants to come before the Council three or four times in order to obtain variances when making changes or improvements to existing non-conforming lots. The proposed amendment will allow the applicants to apply for a planned development zoning for non-conforming tracts or lots with existing buildings or structures that have less than four acres in area. I R 2000-097 Mr. Vick briefed the Council on Councilwoman GREG v. 3CUSSION Becky Haskin's (City of Fort Worth) request for the --' REGARDING City's support of bottle bill legislation. Ms. Haskin is LEGISLATIVE asking for the City of North Richland Hills to pass a POSITION ON resolution supporting legislation that will require a BOTTLE DEPOSIT deposit on glass and plastic beverage containers. LEGISLATION FOR After discussion by the Council, the consensus was GLASS AND for Staff to review along with the City's overall PLASTIC legislative program and give consideration to CONTAINERS - including with the City's program. RESOLUTION NO. 2000-054 IR 2000-096 Mr. Pitstick advised that Alan Young had submitted JOHN P. CONSIDERATION a letter requesting consideration be given to REGARDING LIGHT allowing the use of light pole banners during the POLE BANNERS freeway construction period. Several of the auto AND PENNANTS dealerships prefer banners instead of pennant FOR AUTO streamers. The consensus of the Council was that DEALERSHIPS auto dealerships located in the Freeway Overlay DURING HIGHWAY Zone could display banners or pennants (but not CONSTRUCTION both) until the freeway interchange construction work is complete, but not later than December 31, 2003. Staff will bring an action item forward for Council to take formal action. Pre Council Minutes July 24, 2000 Page 3 ITEM DISCUSSION ASSIGNMENT - Councilwoman Johnson brought to Staffs attention RANDY S. that the auto covers at some of the dealerships were fading and requested that Staff check into the maintenance requirements placed on the covers by the Council. ADJOURNMENT Mayor Pro Tem Welch announced at 6:35 p.m. that the meeting would adjourn to Executive Session for deliberation regarding real property as authorized by Government Code §551.052 for land acquisition for City Building. The Executive Session adjourned at 6:48 p.m. to the regular Council meeting with no action required. Lyle E. Welch - Mayor Pro Tem ATTEST: ~_Œicia Hutson - City Secretary MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - JULY 24,2000 - 7:00 P.M. 1. CALL TO ORDER Mayor Pro Tem Welch called the meeting to order July 24,2000 at 7:00 p.m. Present: Lyle E. Welch Russell Mitchell Frank Metts, Jr. JoAnn Johnson Don Phifer Joe D. Tolbert T. Oscar Trevino, Jr. Absent: Charles Scoma Staff: Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Rex McEntire ROLL CALL Mayor Pro T em Councilman Councilman Councilman Councilman Councilman Councilman Mayor City Manager Deputy City Manager Assistant City Manager Managing Director of Community Services City Secretary Assistant City Secretary Attorney 2. INVOCATION Mr. Don Parrish, Minister of Music with Davis Boulevard Baptist Church gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS Ms. Patsy Tucker acknowledged the following citizens as yard of the month recipients: Roy & Janet Wall, 7821 Arnold Terrace; Catherine McDuff, 5021 Skylark Court; Dick & Gloria Cook, 7709 Janetta; Armando Baltazar, 8016 Ulster; Ronald & .__ m..______'"~,._._.___.,___~'_______"._.._~____~~ City Council Minutes July 24, 2000 Page 2 Elaine Harper, 7129 Smithfield Road; Randy & Ginger Burtain, 6921 Clift; Nancy Campbell, 6740 Parkwood; and Jim & Sandy Campbell, 8557 Steepleridge 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE PRE-COUNCIL MEETING JULY 10, 2000 B. MINUTES OF THE CITY COUNCIL MEETING JULY 10, 2000 C. GN 2000-071 - AUTHORIZING SIGNATURES FOR PLEDGEE SIGNATURE AUTHORIZATION FORM, RESOLUTION NO. 2000-50 D. GN 2000-072 - AMENDING AUTHORIZED REPRESENTATIVE LIST FOR TEXPOOL, RESOLUTION NO. 2000-51 E. GN 2000-073 - AUTHORIZE INVESTMENT OFFICERS - RESOLUTION NO. 2000- 52 F. GN 2000-079 - APPROVE SANITARY SEWER EASEMENT ABANDONMENT ON TRACT 11 C1, THOMAS PECK SURVEY - ORDINANCE NO. 2496 G. PU 2000-031 - AWARD BID FOR FLOORING REPLACEMENT TO PAR FLOORING IN THE AMOUNT OF $58,220 H. PU 2000-032 - AUTHORIZE PURCHASE FROM STATE CONTRACT FOR COMPUTER NETWORK HARDWARE UPGRADE Councilman Metts moved, seconded by Councilwoman Johnson to approve the consent agenda. Motion to approve carried 6-0. City Council Minutes July 24, 2000 Page 3 7. PS 99-32 - CONSIDER THE REQUEST OF W.J.F. DEVELOPMENT, L.L.C. FOR A FINAL PLAT OF LOTS 1 THRU 24, BLOCK 1, RICHFIELD AT THE PARKS ADDITION (LOCATED ON THE NORTH SIDE OF CHAPMAN ROAD IN THE 7700 BLOCK) APPROVED There being no one present to represent the applicant; this item was moved to the later part of the agenda. 8. PS 2000-01 - CONSIDER THE REQUEST OF EXECUTIVE PETROLEUM, INC. FOR A REPLAT OF LOTS AR-1 & AR2, BLOCK 29 HOLIDAY NORTH, SECTION 6 (LOCATED AT THE SOUTHWEST CORNER OF DAVIS BOULEVARD AND NORTH RICHLAND BOULEVARD) APPROVED Mr. Ernest Hedgcoth, applicant, was available to answer questions. Mr. John Pitstick, Director of Development, addressed the request as it relates to city codes and ordinances and summarized recommendations of staff and the Planning and Zoning Commission. Councilman Phifer moved, seconded by Councilman Trevino to approve PS 2000-01. Motion to approve carried 6-0. 9. PS 2000-21 - CONSIDER THE REQUEST OF THE CHURCH OF CHRIST AT TOWN CENTER FOR A FINAL PLAT OF LOT 2, BLOCK 14 GLENANN ADDITION (LOCATED AT MID-CITIES BOULEVARD AND MARTIN DRIVE) {CURRENTLY PIPELINE CHURCH OR CHIRST} APPROVED Mr. Richard Williams of GSBS representing applicant was available for questions. Mr. John Pitstick, Director of Development, addressed the request as it relates to city codes and ordinances and summarized recommendations of staff and the Planning and Zoning Commission. Councilman Trevino moved, seconded by Councilman Metts to approve PS 2000-21. Motion to approve carried 6-0. ._~_.-.~~_._-"..,.._._~_..~,~~~,._---~- City Council Minutes July 24, 2000 Page 4 10. PZ 2000-24 - PUBLIC HEARING TO CONSIDER THE REQUEST OF CHURCH OF CHRIST AT TOWN CENTER FOR A SPECIAL USE PERMIT TO ALLOW EXTERIOR MATERIALS OTHER THAN MASONRY ON LOT 2, BLOCK 14, GLENANN ADDITION - ORDINANCE NO. 2491 APPROVED Mr. Richard Williams representing applicant was available to answer questions. Mr. John Pitstick, Director of Development, addressed the request as it relates to city codes and ordinances and summarized recommendations of staff and the Planning and Zoning Commission. Mayor Pro Tem Welch opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Pro Tem Welch closed the public hearing. Councilwoman Johnson moved, seconded by Councilman Trevino to approve PZ 2000- 024, Ordinance No. 2491 for a Special Use Permit to allow exterior materials other than masonry, and the site plan as presented on Lot 2, Block 14 Glenann Addition. Motion to approve carried 6-0. 11. PZ 2000-31 - PUBLIC HEARING TO CONSIDER AMENDING ZONING REGULATIONS, ARTICLE 6, SUPPLEMENTARY DISTRICT REGULATIONS, TABLE 6-1 MINIMUM REQUIRED MASONRY PERCENTAGE IN RESIDENTIAL DISTRICTS REQUIRING CHURCHES, SCHOOLS, ETC BUILT IN RESIDENTIAL ZONING DISTRICTS TO HAVE 100% MASONRY - ORDINANCE NO. 2492 APPROVED Mr. John Pitstick summarized PZ 2000-31. City Council instructed staff to draft zoning text changes to include a requirement that non-residential buildings in residential zoning be constructed with 100% masonry. The current zoning ordinance requires 75% masonry in all single family zoning districts and 100% masonry construction in all non- residential and multifamily zoning districts. The zoning text change would close a minor loop hole in the ordinance and require all non-residential structures allowed in residential districts such as churches, schools and post offices to be required to have minimum masonry percentages as required in non-residential districts. Mayor Pro Tem Welch opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Pro Tem Welch closed the public hearing. City Council Minutes July 24, 2000 Page 5 Councilman Tolbert moved, seconded by Phifer to approve PZ 2000-031 and Ordinance No. 2492. Motion to approve carried 5-1; with Councilmen Mitchell, Phifer, Tolbert, Trevino and Councilwoman Johnson voting for and Councilman Metts voting against. 12. PZ 2000-32 - PUBLIC HEARING TO CONSIDER AMENDING ZONING REGULATIONS, ARTICLE 5, SPECIAL PURPOSE DISTRICT REGULATIONS, SECTION 520 PLANNED DEVELOPMENT DISTRICT, SUBSECTION C DISTRICT AREA REQUIREMENTS BY REDUCING THE MINIMUM AREA FOR PLANNED DEVELOPMENT DISTRICTS - ORDINANCE NO. 2493 APPROVED Mr. John Pitstick summarized PZ 2000-032. He advised Council due to several changes in the zoning and building regulations, staff has found existing buildings and lots that do not currently meet new regulations. Staff is recommending that some improvements be handled under the Planned Development zoning district. The Planned Development District would allow the Planning and Zoning Commission and City Council to review proposed changes in a single site plan with a specific list of proposed variances and not have to review multiple requests for separate variances for signs, landscaping, masonry, etc. Staff is also recommending a change in the PD regulations to allow non-conforming tracts/lots with existing buildings/structures on less than 4 acres in area and include the boundaries of a single tract or lot. Mayor Pro Tem Welch opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Pro Tem Welch closed the public hearing. Councilwoman Johnson moved, seconded by Councilman Metts to approve PZ 2000- 032 and Ordinance No. 2493. Motion to approve carried 6-0. 13. SRC 2000-05 - PUBLIC HEARING TO CONSIDER AMENDING THE SIGN REGULATIONS, SECTION 10C NON-CONFORMING SIGNS BY ELIMINATING 5- YEAR REQUIREMENT FOR BRINGING RELOCATED SIGNS INTO CONFORMANCE BY PROPERTY ACQUISITIONS INITIATED BY CITY - ORDINANCE NO. 2494 APPROVED City Council Minutes July 24, 2000 Page 6 Mr. John Pitstick advised Council on May 8, 2000 Council voted to allow the relocation signs for Chick-Fil-A, Hilltop Square, Carlson Office Park and Conoco. The businesses will not be required to have signs conform within the five (5) years time limit. Ordinance No. 2494 formally approves action taken by Council at the May 8, 2000 meeting. The proposed ordinance removes the 5-year requirement for signs that are displaced as a result of property acquisition initiated by the city. However, the sign regulations will require a new conforming sign if there is a change in ownership or if the land use would require a certificate of occupancy. Mayor Pro Tem Welch opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Pro Tem Welch closed the public hearing. Councilwoman Johnson moved, seconded by Councilman Mitchell to approve SRC 2000-005 and Ordinance No. 2494. Motion to approve carried 6-0. 14. GN 2000-074 - CONDUCT PUBLIC HEARING TO ADOPT ORDINANCE NO. 2495 APPROVING THE FINAL PROJECT AND FINANCE PLANS AND AUTHORIZE THE CITY MANAGER TO SIGN PARTICIPATION AGREEMENT WITH PARTICIPATING ENTITIES FOR TAX INCREMENT REINVESTMENT ZONE # 2 - ORDINANCE NO. 2495 APPROVED The City of North Richland Hills created a Tax Increment Reinvestment Zone #2 on October 25, 1999. On June 29, 2000 the Tarrant County District approved participating in a revised plan. The revised plan includes conditions and is $2.5 million less for the Conference Center. The hospital and county had previously approved the Final Plans and Participation Agreement. The hospital district is scheduled to approve the amendment later this month and the county the first part of August. Mr. Vick handed out a corrected copy of page 3 with the following change: The College District will have control of the interior design of the Conference Center, which shall serve primarily as a teaching facility and as a workforce development center. Councilman Trevino moved to conduct the public hearing and consider adopting Ordinance No. 2495 approving the amended Final Project and Finance Plans and authorizing the City Manager to sign the Participation Agreements with the participating entities. ,__ ~__~"~'.'m____...m'~_~'_'~~"____~___ City Council Minutes July 24, 2000 Page 7 Mayor Pro Tem Welch opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Pro Tem Welch closed the public hearing. Councilman Trevino moved, seconded by Councilwoman Johnson to approve Ordinance No. 2495. Motion to approve carried 6-0. 15. GN 2000-075 - CONSIDER THE REQUEST OF SKYLARK HOMEOWNERS ASSOCIATION TO ERECT A SUBDIVISION ENTRYWAY SIGN ON CITY PROPERTY AT IRON HORSE GOLF COURSE - RESOLUTION NO. 2000-053 APPROVED Councilman Tolbert abstained from discussion and voting. Mr. Scott Turnage, Skylark Homeowner Association Treasurer, explained request. Mr. John Pitstick advised Council should they vote in favor of Resolution No. 2000-053, staff recommends they authorize the City Manager to reach an agreement with the Skylark Homeowners Association for constructing a subdivision entryway sign on Iron Horse Golf Course property with the following stipulations: a detailed plan of the monument sign including wall materials, colors and size of sign requirement for ongoing maintenance and repair of subdivision sign by Skylark Homeowners Association a hold harmless agreement that would remove any liability from the city agreement that the city could remove the subdivision sign if it were in conflict with any golf course construction Councilman Metts moved, seconded by Councilman Trevino to approve GN 2000-075 and Resolution No. 2000-053. Motion to approve carried 5-0, with Councilman Tolbert abstaining. City Council Minutes July 24, 2000 Page 8 16. GN 2000-076 - APPOINTMENT OF BOARD MEMBER TO REINVESTMENT ZONE NUMBER 2 APPROVED Councilman Metts moved to appoint Councilman Trevino to serve the remainder of Matt Milano's two-year term on the Reinvestment Zone Number 2 Board of Directors. Councilman Mitchell seconded the motion. Motion to approve carried 6-0. 17. GN 2000-077 - PLACE 4 APPOINTMENTS TO BOARDS & COMMISSIONS APPROVED Councilwoman Johnson read into record her nominations for Place 4 term expiring June 30, 2002 on the following boards and commissions: Beautification Commission Board of Adjustment Board of Appeals Cable Television Board Capital Improvement Advisory Committee/ Planning and Zoning Commission Library Board Park and Recreation Board Teen Court Advisory Board Town Hall Committee Emily Ward Bill Schopper Mary Norwood Marlin Miller Ted Nehring Kay Schmidt Kyle Appling Luci Wolfe Rick Graves Councilwoman Johnson moved, seconded by Councilman Mitchell to approve GN 2000-077. Motion to approve carried 6-0. 18. GN 2000-078 - AUTHORIZE SUBMISSION FOR TELECOMMUNICATIONS GRANT REQUEST APPROVED Mr. Steve Brown, Library Director, summarized request. City Council Minutes July 24,2000 Page 9 Councilwoman Johnson moved, seconded by Councilman Phifer to approve GN 2000- 078. Motion to approve carried 6-0. 7. PS 99-32 - CONSIDER THE REQUEST OF W.J.F. DEVELOPMENT, L.L.C. FOR A FINAL PLAT OF LOTS 1 THRU 24, BLOCK 1, RICHFIELD AT THE PARKS ADDITION (LOCATED ON THE NORTH SIDE OF CHAPMAN ROAD IN THE 7700 BLOCK) APPROVED Mr. Bill Fenimore representing the applicant was present to answer questions from the Council. There being no questions, Councilman Tolbert moved to approve PS 99-32. Councilman Trevino seconded the motion. Motion to approve carried 6-0. 19. GN 2000-080 - CONSIDER REQUEST BY TRINITY WASTE SERVICES FOR AN INCREASE IN SOLID WASTE RATES BASED ON THE FRANCHISE AGREEMENT - ORDINANCE NO. 2322 AND ADOPT ORDINANCE NO. 2497 AUTHORIZING THOSE RATES NO ACTION TAKEN Mr. Larry Cunningham advised Council that no action was necessary on this item. Trinity Waste Services contacted the City Manager's Office on Friday and expressed their interest in extending the contract two years. If Council approves the extension, Trinity Waste Services would forego the additional rate increase they are entitled to, per the franchise agreement. Staff recommends Council grant a continuance for staff to further study Trinity's proposal. 20. PW 2000-024 - APPROVE PURCHASE OF RIGHT-OF-WAY FOR THE RUFE SNOW DRIVE WIDENING PROJECT APPROVED Councilman Trevino abstained from discussion and voting. City Council Minutes July 24, 2000 Page 10 Mr. Mike Curtis, Public Works Assistant Director, advised Council that Parcel 9 is a continuing project of the city to acquire right-of-way for the Rufe Snow Widening Project. Staff seeks Council approval to purchase parcel 9 for a total amount of $96,500. Councilman Mitchell moved, seconded by Councilman Phifer to approve PW 2000-024. Motion to approve carried 5-0, with Councilman Trevino abstaining. 21. CITIZENS PRESENTATION None. B. INFORMATION AND REPORTS July 29 - Public Safety Fair to be held at the North Hills Mall from 6:00 p.m. - 9:00 p.m. August 1 - National Night Out August 1 - Registration for fall recreation classes North Richland Hills Recreation Center, 6720 N.E. Loop 820 427 -6600 16. ADJOURNMENT Mayor Pro Tem Welch adjourned the meeting at 8:20 pm. Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS I > "----- Department: Environmental Services Council Meeting Date: 08/14/00 Subject: Interlocal Agreement for Disposal of Household Hazardous Agenda Number: GN 2000-081 Waste with City of Fort Worth- Resolution No. 2000-054 Attached Resolution No. 2000-054 will authorize the City Manger to sign the Interlocal Agreement for continued use of the Environmental Collection Center (ECC) operated by the City of Fort Worth as a regional center to collect and process household hazardous waste. This will be the third year of operation for the ECC and the third year of NRH's participation. Each year, the fee for our residents to use the ECC has decreased and the proposed fee for the upcoming budget year is $62.00 per household. When the ECC opened, the fee was $75.00 and it was reduced to $67.00 last year. The lower fee is possible because of the success of the ECC and the number of cities that take advantage of the very unique service for their citizens. '---- It should be noted that since October of 1999,219 NRH residents have taken advantage of either the Crud Cruiser Mobile Collection Event or the ECC and with one more mobile collection event scheduled this budget year, we expect to have 275 participants for the year. For 2000/2001, we have budgeted $18,100 that will serve 292 households. The City Attorney has read and approved the Interlocal Contract and Resolution No. 2000- 054 will authorize the City Manager to sign this and future contracts for services provided by the City of Fort Worth Environmental Collection Center. Recommendation: To approve Resolution No. 2000-054 Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 001-5501-524.35.35 Sufficient Funds Available Finance Director "----- RESOLUTION NO. 2000-054 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager be, and is hereby, authorized to execute the attached INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM, as the act and deed of the City. PASSED AND APPROVED this 14th day of August, 2000. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: FOItTWOIUH ~........ -- July 19,2000 Dear Coordinator: I would like to take this opportunity to thank your participating city for partnering with the City of Fort Worth Environmental Collection Center (ECC) in the disposal of household hazardous waste. It has been a record-breaking year both in the amount of waste collected and the number of households disposing of waste at the center. As you are probably aware, current contractual agreements with the City of Fort Worth for use of the Environmental Collection Center end September 30, 2000. Enclosed are interlocal agreements for the next fiscal year. The agreement term is October 1,2000 through September 30,2001. The executed contracts must be returned no later than Friday, September 8th, 2000. You will notice the dates of holiday closures have changed. The biggest change in the contracts is the overall cost per household. For the second year in a row, the price per household will drop. The current rate per household is $67. The contractual rate for fiscal year 2000-2001 will be $62 per household. The drop in our price per household was made possible due to more efficient ways of disposing of waste, participating cities advertising the Collection Center, and cities encouraging citizens to dispose of their waste properly. We look forward to having all cities join us in the proper disposal of household hazardous waste. If you have any questions, please contact me at (817) 871-5275. Sincerely, Þ Rex Johnson R.S., M.S. ~ ð ENVIRONMENTAL MANAGEMENT DEPARTMENT THE CITY OF FORT WORTH * 6400 BRIDGE STREET * FORT WORTH, TEXAS 76112 (817) 871-5276 * FAX (817) 871-5277 o Printed on recycled paper INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home-rule municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "Fort Worth," acting herein by and through Charles Boswell, its duly authorized Assistant City Manager, and a municipality situated in , Texas, hereinafter called "Participating City," acting herein by and through its duly authorized WITNESSETH WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal cooperation agreements between and among local governments; and WHEREAS, Texas Government Code, §791.011 provides that a local government may contract with another to perform governmental functions and services, and §791.003(3)(H) defines waste disposal as a governmental function and service; and WHEREAS, Texas Government Code, §791.025 provides that a local government may agree with another local government to purchase services; and WHEREAS, Fort Worth and Participating City desire to enter into an interlocal agreement whereby Fort Worth will purchase the services of a waste disposal/recycling firm or firms and will administer a household hazardous waste collection program; and WHEREAS, Fort Worth and Participating City mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, also known as the Interlocal Cooperation Act; NOW THEREFORE, it is agreed as follows: 1. DEFINITIONS A. Unless a provision in this Agreement explicitly states otherwise, the following terms and phrases, as used in this Agreement, shall have the meanings hereinafter designated. Act of God means an act occasioned by the direct, immediate, and exclusive operation of the forces of nature, uncontrolled or uninfluenced by the power of humans and without human intervention. Bill of Ladinq lists the contents of the mobile collection unit. Environmental Collection Center (ECC) means the City of Fort Worth Department of Environmental Management facility located at 6400 Bridge Street, Fort Worth, Texas, which is to be used by Fort Worth for the aggregation of household hazardous wastes that have been brought to the facility by participating cities' households for subsequent recycling, disposal, and/or reuse. Environmental damaqes means all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred subsequent to the execution of this Agreement as a result of the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of waste pursuant to this Agreement, or the existence of a violation of environmental requirements pertaining to same, and including without limitation: (a) Damages for personal injury and death, or injury to property or natural resources; (b) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs incurred in connection with the investigation or remediation of such wastes or violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports or the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such wastes or violations of environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this Agreement or collecting any sums due hereunder; and (c) Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. Environmental requirements means all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the Untted- States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: (a) All requirements, including but not limited to those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants, or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, storm water, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and 2 (b) All requirements pertaining to the protection of the health and safety of employees or the public. Force majeure means decrees of or restraints by a governmental instrumentality, acts of God, work stoppages due to labor disputes or strikes, failure of Fort Worth's contractor(s) to perform pursuant to their agreements with Fort Worth for the conduct of the collection of household hazardous waste, fires, explosions, epidemics, riots, war, rebellion, and sabotage. Household hazardous waste (HHW) means any solid waste generated in a household by a consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1), would be classified as a hazardous waste under 40 CFR Part 261. Manifest means the uniform hazardous waste manifest form(s) furnished by the TNRCC to accompany shipments of municipal hazardous waste or Class 1 industrial solid waste for waste transported to a site in Texas, or the comparable manifest of the receiving state if the waste is transported out of Texas. Mobile collection event means a household hazardous waste collection event by Participating City utilizing a mobile collection unit. Fort Worth Mobile collection unit (MCU) means a non-self-propelled vehicle used for the periodic collection of household hazardous waste by Participating City, off-site of the ECC, which is transported to the ECC to dispose of the household hazardous waste collected at the mobile collection event. The Fort Worth Mobile Collection Unit is designed to hold the hazardous waste of approximately 50 to 75 households. Participatinq Cities, when used in the plural, means Fort Worth, Participating City, and all other entities which have entered into interlocal agreements with Fort Worth for theECC household hazardous waste collection program. Person means an individual, corporation, organization, government, or governmental subdivision or agency, business trust, partnership, association, or any other legal entity. Waste has the same meaning as "solid waste" as that term is defined in T~s Health and Safety Code §361.003, and including hazardous substances. B. Unless a provision in this Agreement explicitly states otherwise, the following abbreviations, as used in this Agreement, shall have the meanings hereinafter designated. CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act. CPR - cardiopulmonary resuscitation. DOT - United States Department of Transportation. ECC - Environmental Collection Center. 3 EPA - United States Environmental Protection Agency. HAZCA T - hazardous categorization. HAZWOPER - hazardous waste operations and emergency response. HM - hazardous materials. HHW - household hazardous waste. MCU - Mobile Collection Unit. 2. PURPOSE The purpose of this interlocal agreement (hereafter "Agreement") is the provision of services by Fort Worth to Participating City whereby, subject to the terms and conditions specified below, Fort Worth will administer and supervise a regional household hazardous waste collection program, which will be available to households within Participating City. 3. TERM This Agreement shall be effective from the date the last party has signed this agreement through September 30, 2001. 4. SERVICES OF FORT WORTH Fort Worth agrees to perform the following services for Participating City in connection with the ECC household hazardous waste collection program: A. Fort Worth will administer a regional household hazardous waste collection program. This program will include the operation of the Environmental Collection Center,-which will accept for disposal and/or recycling household hazardous waste from households located within Participating City. Fort Worth shall not accept compressed flammable gas containers; radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, and infectious materials; wastes from businesses; and any other wastes that Fort Worth has determined are unacceptable. B. Fort Worth will employ or retain personnel to provide the services necessary to perform Fort Worth's obligations in this Agreement. C. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household hazardous waste, which is collected at the ECC. 4 D. Fort Worth will, if requested in writing by Participating City, provide Participating City with copies of waste manifests for shipments of waste from the ECC. E. Fort Worth will, if requested in writing by Participating City, provide Participating City a monthly report of the Participating City's households who disposed of household hazardous waste at the Environmental Collection Center or a Mobile Collection Event. F. Fort Worth will issue a report and a bill at the end of each quarter detailing the number of Participating City's households that disposed of household hazardous waste at the Environmental Collection Center or at a mobile collection event. G. Fort Worth will act under this Agreement in accordance with all applicable state and federal laws. H. Non-Fort Worth Mobile Collection Unit 1. Fort Worth agrees to accept household hazardous waste from Participating City's MCU in accordance with Section 5, of this agreement. 2. Fort Worth agrees to restock the items it removes from Participating City's MCU, however, Fort Worth shall only restock items listed in Exhibit "An, attached and incorporated herein as if set forth. I. Mobile Collection Events - Usinq Fort Worth's Unit 1. If Participating City would like to schedule a mobile collection event with the Fort Worth Mobile Collection Unit, Fort Worth will send Participating City a list of available dates. Participating City will contact Fort Worth as soon as possible to schedule the date, time and location agreeable to both parties. (a) Location If Participating City chooses to hold the Mobile Collection Event on private property, Participating City shall obtain a signed waiver from the owner of the property 1 week prior to the event. The waiver shall be in the form of Exhibit B or similar form approved by Fort Worth. The signed waiver must be sent to Fort Worth 1 week before the Mobile Collection Event. If the signed waiver115 not sent to Fort Worth 1 week before the Mobile Collection Event, Fort Worth will not send the Fort Worth Mobile Collection Unit to the event and Participating City will, in no event, be entitled to any damages of recovery of any costs, except as provided herein. (b) Available Dates Participating City acknowledges that Fort Worth contracts with other municipalities and that Fort Worth will be accommodating each Participating City's request on a first come first served basis. Therefore, Participating City acknowledges that its chosen date to schedule a mobile collection event may be reserved by another City and Participating City will have to choose another date. Participating City, will in no event, be entitled to any damages or recovery of any costs, except as provided herein. 5 2. At the Mobile Collection Event, Participating City acknowledges and agrees that Fort Worth shall accept household hazardous waste from the first 50 households that show proof of residency at the Mobile Collection Event. After the first 50 households, Fort Worth will determine in its sole discretion how much more waste it can accept and store properly. If more households arrive at the event than Fort Worth can accept, Participating City will in no event be entitled to any damage of recovery of any costs, except as provided herein. 3. Due to the lack of storage space at the ECC, Participating City acknowledges and agrees that if it requests the Fort Worth Mobile Collection Unit at a mobile collection event, a Participating City's Non-Fort Worth Mobile Collection Unit shall not also be at the event. 4. City, in its sole discretion, will determine whether to send the Fort Worth Mobile Collection Unit to Participating City's Collection Event during adverse weather or the threat of adverse weather including but not limited to sleet, snow, rain, mist or hail. In the event Fort Worth determines not to send the Fort Worth Mobile Collection Unit, Fort Worth shall notify persons listed in Section 5, Paragraph A and shall send a Fort Worth employee to the Participating City's event to tell any residents that come to dispose of household hazardous waste; 1) that the Fort Worth Mobile Collection Unit will not be coming to the event, and, 2) that the resident can go to the ECC to dispose of the waste and provide a map to the ECC. 5. DUTIES OF PARTICIPATING CITY Participating City agrees to perform the following duties in connection with the household hazardous waste collection program: A. Participating City will designate one of its employees, and another as an alternate, to act as its household hazardous waste collection coordinator to interact with Fort Worth. Designated person is: telephone number: Pager number or 24-hour number where he or she can be reached: Alternate person is telephone number: Pager number or 24-hour number where he or she can be reached: B. Participating City will coordinate and fund all program advertising targeted to its own citizens, as it deems necessary. Such advertising shall include the type of wastes that will be accepted at the ECC, the requirement of proof of residency and weather cancellation information. C. Participating City shall notify its residents of the ECC hours of operation and dates it is closed as provided in Section 9 "The Environmental Collection Center Hours of Operation." 6 D. Participating City may choose to utilize a voucher system for its residents in order for them to bring HHW to the ECG. If Participating Gity chooses to use such a system, it shall notify Fort Worth of the decision, and shall provide Fort Worth with a copy of the official voucher. In addition, if a citizen from a Participating City that utilizes a voucher system comes to the ECC or a mobile collection event without a voucher, Participating City acknowledges and agrees that Fort Worth will not accept the household hazardous waste until Participating City authorizes the acceptance in writing. E. Participating City may submit a written request for a monthly report listing the number of its city's households that have disposed of household hazardous waste at the ECG or a mobile collection event. F. Participating City shall provide traffic control and signage for the mobile collection events, and shall provide personnel to assist Fort Worth with the survey and screening of persons dropping off household hazardous waste. The parties prior to the event shall agree upon the details of the traffic control, signage, and personnel assistance. G. Participatinq City's Mobile Collection Units Gollectinq Household Hazardous Waste 1. Participating City shall advise the ECG program manager at least 72 hours in advance of its mobile collection events. Participating City shall collect only HHW during a mobile collection event. Wastes from commercial, agricultural, and industrial sources shall not be accepted. Participating City shall not accept compressed flammable gas containers; radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, and infectious materials; and any other wastes that Fort Worth has determined are unacceptable. 2. In accordance with the latest DOT requirements, Participating City's MCU operators will properly categorize, package, mark, label, and load into the MGU, all wastes received at the mobile collection event. Recyclable products (used oil, used oil filters, latex paint, recyclable anti-freeze, lead-acid batteries, and fluorescent lights) will be segregated into containers for recyclables. 3. After accepting wastes, Participating City's MCU operators shall thoroughly check each container for proper labeling and identification. If a container rs properly identified,the material will be segregated according to hazard class and prepared for packaging. If a container does not have adequate labeling to permit identification, the MCU operators shall then attempt to identify the material from its physical characteristics using HAZCA T analysis and from information provided by the household presenting the waste. 4. The Participating City's MCU operators shall package all hazardous materials in accordance with United States Department of Transportation (DOT) requirements, United States Environmental Protection Agency (EPA) requirements, and all other applicable federal and state requirements. After all the wastes have been properly identified and segregated, the MCU operators will reexamine the wastes for compatibility, list them on the container content sheets, and pack them into drums. Oil-based paints and latex paints shall be bulked 7 separately in 55 gallon drums, or if the paint is left in its container, the paint can be packed in a lined cubic yard box, and packed and labeled according to federal and state regulations. Participating City shall not transport waste that is not HHW to the ECC. Participating City agrees to make its own arrangements to dispose of any non-HHW waste collected at the event. 5. Prior to transporting the HHW from the collection event site(s), Participating City's MCU operators shall complete a Bill of Lading, and shall keep the Bill of Lading in the cab of the truck hauling the MCU during transportation of the HHW to the ECC. Participating City shall require that a minimum of one copy of the latest North American Emerqency Response Guidebook is kept within the cab of the truck. 6. During transportation, Participating City's MCU operators shall placard the MCU for transportation of hazardous waste in accordance with federal and state law. 7. Upon the return of the MCU to the ECC, Participating City's MCU operators shall follow the instructions of Fort Worth regarding the placement of the MCU for unloading. Fort Worth shall take possession of the MCU from Participating City after the MCU has been properly parked for unloading in accordance with Fort Worth's instructions and all required documents have been delivered to the ECC program manager or his designee at the ECC. Fort Worth shall, within a reasonable amount of time, unload the HHW from the non-Fort Worth MCU and store the HHW at the ECC. 8. If Fort Worth, in its sole discretion, determines that Participating City's MCU operators improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall reimburse Fort Worth as set forth in Section 10., Paragraph B. 9. If a spill occurs at the ECC while the MCU is still in Participating City's possession, Fort Worth shall take control of the spill response and Participating City will reimburse Fort Worth for its response costs as set forth in Section 10., Paragraph C. 6. USE OF WASTE DISPOSAURECYCLlNG FIRMS FOR HOUSEHOLD HAZARDOUS WASTE A. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household hazardous waste, which is collected at the ECC. B. Such firm(s) shall be required pursuant to the contract(s) to assume generator status for the waste collected, (excluding used oil, lead-acid batteries and antifreeze) to choose a disposal site for the waste subject to Fort Worth's approval, and to indemnify Fort Worth and participating cities against any and all environmental damages and the violation of any and all environmental requirements resulting from the handling, collection, transportation, storage, disposal, treatment, recovery, and/or recycling of waste collected pursuant to this agreement, when said environmental damages or the violation of said environmental 8 requirements was the result of any act or omiSSion of contractor, its officers, agents, employees, or subcontractors, or the joint act or omission of contractor, its officers, agents, employees, or subcontractors and any other person or entity. C. THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM(S) WILL BE REQUIRED TO ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIEVE PARTICIPATING CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW AND STATE LAW. Fort Worth will arrange for recycling vendors for used oil, batteries, antifreeze, and other materials as it deems appropriate. 7. REUSE OF COLLECTED MATERIALS A. From time-to-time Fort Worth will make available to residents and businesses of Fort Worth, as well as, Participating City and residents and businesses of Participating City for their use, collected household hazardous waste materials that are suitable for reuse, such as paint, fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for any materials that are picked up for reuse. B. Some materials made available for reuse may have been consolidated and filtered by Fort Worth prior to being made available. Used antifreeze will have been consolidated in a barrel, filtered, and pH balanced, and new antifreeze may have been added to the barrel. C. In regards to materials accepted by Participating City, FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT: 1. the container contents are what the label indicates; 2. the container contents are those originally placed into the container by the manufacturer; 3. the product is of the quality intended for its use; 4. the contents of the container have been stored properly; 5. the instructions on the container label for use, storage, and first aid are current or correct; 6. the container is in unimpaired condition; 7. the product is still approved for use (i.e., it has not been banned or recalled); and 8. the product can be used without risk to persons, property or the environment. FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED. D. Participating City shall contact the ECC program manager to arrange a pickup time to obtain 9 materials. Participating City agrees that it shall not return to Fort Worth, directly or indirectly, any materials it obtains from Fort Worth under this paragraph. E. IN REGARDS TO MATERIALS ACCEPTED BY PARTICIPATING CITY, PARTICIPATING CITY DOES HEREBY WAIVE ALL CLAIMS, INCLUDING PRODUCTS LIABILITY CLAIMS, AND RELEASES, AND HOLDS HARMLESS THE CITY OF FORT WORTH, AND ALL OF ITS OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, EXPENSES OF LITIGATION, OR CAUSES OF ACTION WHICH MAY ARISE BY REASON OF INJURY TO PERSONS, LOSS OF PROPERTY, DAMAGE TO PROPERTY, OR LOSS OF USE OF ANY PROPERTY, OCCASIONED BY THE TRANSPORTATION, STORAGE, HANDLING, USE, AND DISPOSAL BY PARTICIPATING CITY OF ANY MATERIALS ACCEPTED BY PARTICIPATING CITY UNDER THIS AGREEMENT FROM FORT WORTH. F. In regards to materials accepted by residents or businesses of Participating Cities, FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT: 1. the container contents are what the label indicates; 2. the container contents are those originally placed into the container by the manufacturer; 3. the product is of the quality intended for its use; 4. the contents of the container have been stored properly; 5. the instructions on the container label for use, storage, and first aid are current or correct; 6. the container is in unimpaired condition; 7. the product is still approved for use (Le., it has not been banned or recalled); and 8. the product can be used without risk to person~, property or the environment. FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED. G. Participating City shall attempt to inform its residents and businesses that if they go to the Environmental Collection Center to pick up household hazardous waste for reuse, a release of liability must be signed to accept the household hazardous waste for reuse. 8. RIGHT TO REFUSE WASTE Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the ECC from Participating City's resident and to eject such individual from the premises of the ECC, if in the reasonable judgment of Fort Worth: 10 A. The waste is not household hazardous waste; B. The waste fails to meet other established criteria established by this Agreement, or that have been established by Fort Worth subsequent to the execution of the Agreement; C. The individual does not have sufficient identification to establish that he/she is in fact a resident of Participating City; D. Participating City has implemented a voucher system for its residents to dispose of waste, and the individual does not have a valid voucher; or E. The waste or the individual presents a hazard to the ECC or to persons or property at the ECC. 9. ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS OF OPERATION A. Hours of Operation During the term of the agreement, the ECC's hours of operation are as follows: Thursday and Friday 11 :00 a.m. - 7:00 p.m. Saturday 9:00 a.m. - 3:00 p.m. B. Days the Environmental Collection Center will be closed During the term of the agreement, the ECC will be closed on the following days: Thanksgiving Holiday, November 23 - 24,2000 Christmas Holiday, December 24 - 25, 2000 December 31, 2000 through January 10, 2001, for cleanup and repairs M.L.K. Day January 15, 2001 Memorial Day, May 28, 2001 Independence Day, July 4, 2001 Labor Day, September 3,2001 C. Notifying Residents Participating City agrees to notify its residents of the ECC's hours of operation and dates it will be closed. Participating City may advertise the 24-hour Environmental Collection Center telephone number to give its residents the Environmental Collection Center's hours. The number is: (817) 871-5257. 10. COMPENSATION As fair compensation for the services provided by Fort Worth pursuant to this agreement: 11 A. Participating City agrees to pay Fort Worth the sum of $62.00 per household per visit to the ECC or per household for participation in a Mobile Collection Event to dispose of household hazardous waste. B. If Fort Worth determines that Participating City's MCU operators improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall reimburse Fort Worth for it staff time at $20.00an hour and the cost of supplies. C. If a spill occurs at the ECC while the Non- Fort Worth MCU is still in Participating City's possession, Fort Worth shall take control of the spill response and Participating City will reimburse Fort Worth for its response costs of $60.00 per hour staff time and the cost of supplies. D. The amount due to Fort Worth for services provided under this Section, Paragraphs A, B, and C of shall be billed to Participating City quarterly. Participating City shall pay Fort Worth within 30 days of receiving a bill from Fort Worth. If Fort Worth does not receive payment within 30 days, Fort Worth shall inform Participating City in writing that it will not accept any household hazardous waste from Participating City's residents and that Fort Worth will not participate in a mobile collection event or provide a mobile collection unit paid. E. At the end of the term of this Agreement, Fort Worth shall provide a final accounting to Participating City, which will include the total number of Participating City's households which participated in the program, repackaging fees, if any, and the total cost of spill response charged to Participating City, if any. F. Pursuant to the requirements of Government Code §791.011 (a)(3), the amount due to Fort Worth under Subparagraph D. above, shall be paid from revenues currently available to Participating City in the present fiscal year. 11. ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEMENT Fort Worth is the owner of "Captain Crud" and the Cruddies ("Bloomer," "Otto," "Pestie, "Scrub," and "Van Goo") "Conquer Your Crud," and "Crud Cruiser", and therefore all ownership rights belong to Fort Worth. Fort Worth has registered these marks as service marks with the Secretary of State. A. Fort Worth hereby grants to Participating City a non-transferable, non-exclusive license to use all the artwork and promotional materials that may be provided by Fort Worth to be used solely in the conduct of the business of Participating City's disposal and recycling of household hazardous waste programs. If Participating City wishes to use to Licensed Art and/or Promotional Materials in other limited situations, Participating City must first obtain express written consent from Fort Worth. B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating City 12 pursuant to the terms of this Agreement. Participating City acknowledges that by virtue of this License, Participating City acquires only the right to use the original and permitted duplicate copies of the Licensed Artwork and Promotional Materials and does not acquire any rights of ownership in the Licensed Artwork and Promotional Materials, which rights shall remain exclusively with Fort Worth. If Participating City wants to modify or change the artwork and/or promotional materials in any manner, Participating City hereby agrees to contact Fort Worth in writing to obtain written consent before modifying or changing any artwork and/or promotional materials. C. If Participating City desires an actor to portray "Captain Crud" for an event, Participating City shall use actors approved by Fort Worth to portray "Captain Crud" since "Captain Crud" is owned by Fort Worth. Participating City shall be solely responsible for compensating actor for the services provided to Participating City. Participating City will contact Fort Worth as soon as possible with the date and time of the event agreeable to both parties to obtain approval for the chosen actor and to request and pickup the "Captain Crud" costume for its events. Fort Worth will provide the "Captain Crud" costume. However, Participating City agrees to be liable to Fort Worth for any damage to the costume or if Participating City fails to return the entire costume to Fort Worth or if the costume is not returned in the same condition as received. 12. IMMUNITY It is expressly understood and agreed that, in the execution of this Agreement, none of the participating cities waives, nor shall be hereby deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions, and that the services described in this Agreement are a governmental function. 13. FORCE MAJEURE A delay or failure of Fort Worth to perform services pursuant to this Agreement shall be excused to the extent that the delay or failure to perform resulted from a force majeure event, and the delay or failure was beyond the control of Fort Worth and not due to its fault or negligence. Participating City shall not have, and hereby waives, any claim whatever for any-dãmages resulting from delays or failure to perform caused by a force majeure event. 14. TERMINATION The parties shall each have the right to terminate the Agreementfor any reason, with or without cause, upon thirty (30) days' written notice to the other party. Upon termination, the parties shall be released from all contractual obligations to the other party excluding "USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE" (Paragraph 6) "REUSE OF COLLECTED MATERIALS" (Paragraph 7) and "ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEMENT" (Paragraph 11). 13 ~- . -...-- _._-~>----.~-~~--'~"~~----,--~---- pursuant to Texas Government Code, Chapter 791. 20. AUTHORIZATION The undersigned officers and/or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. EXECUTED IN TRIPLICATE CITY OF FORT WORTH By: By: Charles Boswell Assistant City Manager Date: Printed Name: Title: Date: APPROVED AS TO FORM AND LEGALITY: APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney Assistant City Attorney ATTEST: ATTEST: Gloria Pearson City Secretary City Secretary 15 Exhibit "A" RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT - Material Amount Special Needs Remarks Restocked 55 gallon open top , drums (open top for Amount taken off loose packs) the trailer 55 gallon drums (closed top) Amount taken off (oil, antifreeze, bulk the trailer flammable materials and one extra) Fiber drums (55 or 30 gallon) Amount taken off Aerosols, acids, the trailer bases and oxidizers) Gaylord box liners (plastic) Amount taken off the trailer 55 gallon drum liners Amount taken off the trailer 5 gallon buckets (filters/haz Amount taken off chemicals) the trailer Survey Forms Amount taken off the trailer Labels/drum placard Amount taken off the trailer Gaylord boxes Amount taken off the trailer Absorbent pads Amount taken off the trailer Vermiculite Amount taken off the trailer Oil dry Amount taken off the trailer Promotional Materials & Amount Needed Brochures ""_·_u __..~ _<'"~.__.___,___.____.-__ Exhibit "B" WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD HAZARDOUS WASTE I being the owner of property located at have been asked by the City of to allow a mobile collection event on my property to collect household hazardous waste on the ,2000. In consideration of , I hereby give my permission to the City of to hold a household hazardous waste collection event on my property in which the City of has asked the City of Fort Worth to send its mobile collection unit to collect the household hazardous waste that is brought to the event. Therefore, in consideration of , hereby RELEASE, DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort Worth or its' officers, agents, and employees and the City of and its officers, agents, and/or employees for any and all claims, demands, liability, causes of action, actions or suits of any character that I may have against the City of Fort Worth or its' officers, agents, and/or employees and the City of or its officers, ' agents, and/or employees for any property loss or damage, for any and all personal injury including death or any other damage of any kind or character which may arises or that arises from allowing the City of to hold a household hazardous waste collection event, in which the City of Fort Worth sends its mobile collection unit on my property. I have read this Waiver and Release and fully understand its terms and conditions. I have not been influenced in any extent whatsoever by any representation or statements not contained in this Agreement. I hereby acknowledge that this Waiver and Release is given in consideration of Signature Date Witness , CITY OF NORTH RICHLAND HILLS Subject: Approve Flood Damage Prevention Ordinance - Ordinance No. 2498 Council Meeting Date: 8/14/00 GN 2000-082 Agenda Number: Department: Public Works The Federal Emergency Management Agency (FEMA) revise all the Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRM) approximately every five years. When this is done they require all municipalities who are members of the National Flood Insurance Program (NFIP) to revise their ordinances to reference the new study and map revision date. The only change on the attached ordinance from Ordinance No. 2061 is the date changes on page 8 from "January, 1993" to "August, 2000". RECOMMENDATION: To pass and approve Ordinance No. 2498. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~ Account Number Sufficient Funds AvallaDle Finance Director udget Director Page 1 of _ ORDINANCE NO. 2498 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS that: 1. Ordinance No. 2061 be, and is hereby, repealed. 2. The following ordinance is hereby adopted as the Flood Damage Prevention Ordinance of the City of North Richland Hills, Texas. 3. This ordinance shall be in full force and effect from date of passage and approval. PASSED AND APPROVED this the 14th day of August, 2000. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary FLOOD DAMAGE PREVENTION ORDINANCE TABLE OF CONTENTS Page ARTICLE 1 - STATUTORY AUTHORIZATION, FINDINGS, PURPOSE & METHODS... 2 Section A. Statutory Authorization.... ...... ....... ........ ...... ..... .... ....... ...... ......... 2 Section B. Findings of Fact ......... ... ............. ................ ........ ... .... ............... 2 Section C. Statement of Purpose.. ..... ............. .... ....... .... ..... ....... ........... .......2 Section D. Methods of Reducing Flood Losses... .......... ......... ........ ........... ....... 3 ARTICLE 2 - DEFINITIONS....................................................................... ....... 3 ARTICLE 3 - GENERAL PROVISIONS ................................................................8 Section A - Lands to which this Ordinance Applies ........................................... 8 Section B - Basis for Establishing the Areas of Special Flood Hazard..................... 8 Section C - Establishment of Development Permit.......... ..... ....................... ... .... 8 Section D - Compliance................... ... .......... ........ ....... ........ ............... ....... 9 Section E - Abrogation and Greater Restrictions.. . .. . .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .... 9 Section F - Interpretation .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 Section G - Warning and Disclaimer or Liability .............................................. 9 ARTICLE 4 - ADMINISTRATION .......................................................................9 Section A - Designation of the Flood Plain Administrator ................................... 9 Section B - Duties and Responsibilities of the Flood Plain Administrator.. . . . . . . . . .. . . . .. 9 Section C - Permit Procedures ....... .......... ........... ....... ... ................ ........... ...10 Section D - Variance Procedures............ ......... .... .... ....... ......... .............. .... ..12 ARTICLE 5 - PROVISIONS FOR FLOOD HAZARD REDUCTION ............................13 Section A - General Standards............... ... ...... ... ........ ... ..... .... ........ .............13 Section B - Specific Standards .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14 Section C - Standards for Subdivision Proposals.............................................. 15 Section D - Standards for Areas of Shallow Flooding (AOI AH Zones) ...................16 Section E - Floodways ............ ....... '" ........ ... .... ...... ..... .... .... ...... ...... ... .... ..16 ARTICLE 6 - SAVINGS CLAUSE AND CIVIL ENFORCEMENT.............................. 17 FLOOD DAMAGE PREVENTION ORDINANCE ARTICLE 1 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS Section A. Statutory Authorization The Legislature of the State of Texas has in Vernon Annotated Civil Statues Article 962, delegated the responsibility to local governmental units to adopt regulations designated to minimize flood losses. Therefore, the City Council of the City of North Richland Hills, Texas does ordain as follows: Section B. Findings of Fact 1. The flood hazards areas of the City of North Richland Hills are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. 2. These flood losses are created by the cumulative effect of obstructions in Flood Plains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. Section C. Statement of Purpose It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of public money for costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in flood plains; 6. Help maintain a stable tax base by providing for the sound use and development of flood- prone areas in such a manner as to minimize future flood blight areas; and, 7. Insure that potential buyers are notified that property is in a flood area. Page 2 City of North Richland Hills, Texas Flood Damage Prevention Ordinance Section D. Methods of Reducing Flood Losses In order to accomplish its purposes, this ordinance uses the following methods: 1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; 2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 3. Control the alteration of natural flood plains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; 4. Control filling, grading, dredging, and other development which may increase flood damage; 5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. ARTICLE 2 - DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. ALLUVIAL FAN FLOODING means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes or erosion, sediment transport, and deposition; and unpredictable flow paths. APEX means a point on a alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. APPEAL means a request for a review of the Flood Plain Administrator's interpretation of any provision of this ordinance or a request for a variance. AREA OF SHALLOW FLOODING means a designated AO, AH, or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD is the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the FIRM. After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refmed into Zones A, AO, AH, AI-3D, AE, A99, VO or VI-30, VE or V. Page 3 City of North Richland Hills, Texas Flood Damage Prevention Ordinance BASE FLOOD means the flood having a one percent chance of being equaled or exceeded in any given year. BASEMENT means any area of the building having its floor subgrade (below the ground level) on all sides. CRITICAL FEATURE means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BillLDING means a non basement building built, in the case of a building in Zones Al-30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a building in Zones Vl-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones Al-30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also incudes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones Vl-30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations. EXISTING CONSTRUCTION means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM of or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures. " EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the flood plain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FLOOD OR FLOODING means a general and temporary condition of partial or complete inundation of normally dry land areas from: Page 4 City of North Rich/and Hills, Texas Flood Damage Prevention Ordinance (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. (3) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood. FLOOD INSURANCE RATE MAP (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY means an examination, evaluation and determination of flood hazards and corresponding water surface elevations. FLOOD PLAIN OR FLOOD-PRONE AREA means any land area susceptible to being inundated by water from any source (see definition of flooding). FLOOD PLAIN MANAGEMENT means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and flood plain management regulations. FLOOD PLAIN MANAGEMENT REGULATIONS means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flood plain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. FLOOD PROOFING means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOOD PROTECTION SYSTEM means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOODWAY (REGULATORY FLOODWAY) means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. FUNCTIONALLY DEPENDENT USE means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, Page 5 City of North Richland Hills, Texas Flood Damage Prevention Ordinance and ship building and ship repair facilities, but does not include long term storage or related manufacturing facilities. IDGHEST ADJACENT GRADE means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. IDSTORIC STRUCTURE means any structure that is: (1) listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (a) By an approved state program as determined by the Secretary of the Interior; or. (b)Directly by the Secretary of the Interior in states without approved programs. LEVEE means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. LEVEE SYSTEM means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non- elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. MANUFACTURED HOME means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar recreational vehicles placed on a site for greater than 180 consecutive days. Page 6 City of North Richland Hills, Texas Flood Damage Prevention Ordinance MANUFACTURED HOME PARK OR SUBDIVISION means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. NEW CONSTRUCTION means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For flood plain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a flood plain management regulation adopted by a community and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK OR SUBDMSION means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of flood plain management regulations adopted by a community. RECREATIONAL VEHICLE means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self- propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. START OF CONSTRUCTION (for other than new construction or substantial improvements under the Coastal Barrier Resources Act, Pub. L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. SPECIAL FLOOD HAZARD - see "Area of Special Flood Hazard". STRUCTURE means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground as well as a manufactured home. Page 7 City of North Richland Hills, Texas Flood Damage Prevention Ordinance SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either (i) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety codes specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions or (ii) any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure." VARIANCE is a grant of relief to a person from the requirements of this ordinance. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance . VIOLATION means the failure of a structure of other development to be fully compliant with the community I s flood plain management regulations. A structure or other development without a Development Permit or Elevation Certificate, or other evidence of compliance as required by this ordinance or the applicable sections of the National Flood Insurance Program Regulations is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEV A TION means the height, in relation to the national Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the flood plains of coastal or riverain areas. ARTICLE 3 - GENERAL PROVISIONS Section A - Lands to which this Ordinance Applies This ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City of North Richland Hills. Section B - Basis for Establishing the Areas of Special Flood Hazard The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study - Tarrant County, Texas", dated August, 2000 with accompanying Flood Insurance Rate Maps (FIRM) and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. Section C - Establishment of Development Permit A Development Permit shall be required to ensure conformance with the provisions of this ordinance. Page 8 City of North Richland Hills, Texas Flood Damage Prevention Ordinance Section D - Compliance No structure or land shall hereafter be located, altered or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. Section E - Abrogation and Greater Restrictions This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Section F - Interpretation In the interpretation and application of this ordinance, all provisions shall be; (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit or repeal any other powers granted under State statues. Section G - Warning and Disclaimer or Liability The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of North Richland Hills or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. ARTICLE 4 - ADMINISTRATION Section A - Designation of the Flood Plain Administrator The Director of Public Works is hereby appointed as the Flood Plain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to flood plain management. Section B - Duties and Responsibilities of the Flood Plain Administrator Duties and responsibilities of the Flood Plain Administrator shall include, but not be limited to, the following: 1. Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance. Page 9 City of North Richland Hills, Texas Flood Damage Prevention Ordinance 2. Review permit application to determine whether proposed building site including the placement of manufactured homes will be reasonably safe from flooding. 3. Review, approve or deny all applications for development permits required by adoption of this ordinance. 4. Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U. S. C. 1334) from which prior approval is required. 5. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Flood Plain Administrator shall make the necessary interpretation. 6. Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is Texas Natural Resource and Conservation Commission, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. 7. Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. 8. When base flood elevation data and floodway data has not been provided in accordance with Article 3, Section B, the Flood Plain Administrator shall obtain review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State, or other source, in order to administer the provisions of Article 5. 9. When a regulatory floodway has not been designated, the Flood Plain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be pennitted within Zones AI-3D and AE on the Community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. 10. Under provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones AI-3D, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA. Section C - Permit Procedures 1. Application for a Development Permit shall be presented to the Flood Plain Administrator on forms furnished by him/her and may include, but not be limited to plans in duplicate Page 10 City of North Richland Hills, Texas Flood Damage Prevention Ordinance drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: a. Elevation in relation to mean sea level, of the lowest floor (including basement) of all new and substantially improved structures; b. Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; c. A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Article 5, Section B (2); d. Description of the extend to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. e. Maintain a record of all such information in accordance with Article 4, Section B (1). 2. Approval or denial of a Development Permit by the Flood Plairr Administrator shall be based on all of the provisions of this ordinance and the following relevant factors; a. The danger to life and property due to flooding or erosion damage; b. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; c. The danger that materials may be swept onto other lands to the injury of others; d. The compatibility of the proposed use with existing and anticipated development; e. The safety of access to the property in times of flood for ordinary and emergency vehicles. f. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; g. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; h. The necessity to the facility of a waterfront location, where applicable; Page 11 City of North Richland Hills, Texas Flood Damage Prevention Ordinance I. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; J. The relationship of the proposed use to the comprehensive plan for that area. Section D - Variance Procedures 1. The Board of Adjustment as established by the City of North Richland Hills shall hear and render judgement on requests for variances from the requirements of this ordinance. 2. The Board of Adjustment shall hear and render judgement on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Flood Plain Administrator in the enforcement or administration of this ordinance. 3. Any person or persons aggrieved by the decision of the Board of Adjustment may appeal such decision in the courts of competent jurisdiction. 4. The Flood Plain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. 5. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the reminder of this ordinance. 6. Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or else in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C (2) of this Article have been fully considered. As the lot size increases beyond the one- half acre, the technical justification required for issuing the variance increases. 7. Upon consideration of the factors noted above and the intent of this ordinance, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Article 1, Section C). 8. Variances shall not be issued within any designated floodway if any increase in the flood levels during the base flood discharge would result. 9. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. 10. Prerequisites for granting variances: a. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Page 12 City of North Richland Hills, Texas Flood Damage Prevention Ordinance b. Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. c. Any applicant to whom a variance is granted shall be given written notice that the structure will be pennitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting form the reduced lowest floor elevation. 11. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in Article 4, Section D (1-9) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. ARTICLE 5 - PROVISIONS FOR FLOOD HAZARD REDUCTION Section A - General Standards In all areas of special flood hazards, the following provisions are required for all new construction and substantial improvements: 1. All new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. 2. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. 3. All new construction or substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 4. All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. 6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters. Page 13 -·,·,·,·"'-µ."-__'_____._.__"M_;__.___._-...~, City of North Richland Hills, Texas Flood Damage Prevention Ordinance 7. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. Section B - Specific Standards In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B (ii) Article 4, Section B(8); or (iii) Article 5, Section C(3), the following provisions are required: 1. Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Flood Plain Administrator that the standard of this subsection as proposed in Article 4, Section C(l)a, is satisfied. 2. Non residential Construction - new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Flood Plain Administrator. 3. Enclosures - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. b. The bottom of all openings shall be no higher than one foot above grade. c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. Page 14 Ci 0 North Richland Hills, Texas Flood Dama e Prevention Ordinance 4. Manufactured Homes a. Require that all manufactured homes to be placed within Zone A on the communities FIRM, shall be installed using methods and practices which minimize flood damage. For the purpose of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. b. All manufactured homes shall be in compliance with Article 5, Section B(I). c. Require that all manufactured homes to be placed or substantially improved within Zones AI-30, AH and AE on the community's FIRM be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation; and be anchored to an adequately anchored foundation system in accordance with the provision of Section B( 4) of this Article. 5. Recreational Vehciles - require that recreational vehciles placed on sites within Zones A 1- 30, AH, and AE on the community's FIRM either (i) be on the site for fewer than 180 consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the permit reuirements of Article 4, Section C(l), and the elevation and anchoring requirements for "manufacutured homes" in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. Section C - Standards for Subdivision Proposals 1. All subdivision proposals shall be consistent with Article 1, Sections B, C, and D of this ordinance. 2. All proposals for the development of subdivisions shall met Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions or Article 5 of this ordinance. 3. Base flood elevation data shall be generated for subdivision proposals and other proposed development which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B(8) of this ordinance. 4. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. 5. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electric and water systems located and constructed to minimize or eliminate flood damage. Page 15 ^'...."_..,~...~-~.....,-,."'-~--------- Ci 0 North Richland Hills, Texas Flood Dama e Prevention Ordinance Section D - Standards for Areas of Shallow Flooding (AO/ AH Zones) Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: 1. All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least (1-1/2 feet) one and one-half feet above the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified). 2. All new construction and substantial improvements of nonresidential structures: (a) have the lowest floor (including basement) elevated above the highest adjacent grade at least (1-1/2 feet) one and one-half feet higher than the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or; (b) together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. 3. A registered professional engineer or architect shall submit a certification to the Flood Plain Administrator that the standards of this Section, as proposed in Article 4, Section C(l)(a), are satisfied. 4. Require within Zones AH and AO, adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures. Section E - Floodways Floodways - located within areas of special flood hazard established in Article 3, Section B, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions, shall apply. 1. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standardard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Page 16 .. ^.._..__m"..._.._..__.~,._..,.,~_~___~__.____ Ci 0 North Rich/and Hills, Texas Flood Dama e Prevention Ordinance 2. If Article 5, Section E(1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. ARTICLE 6 - SAVINGS CLAUSE AND CIVIL ENFORCEMENT A. If any portion of this ordinance is declared to be invalid it shall not affect the remaining valid portions. B. The reference in this ordinance to regulation of any activity which is precluded or regulated by the Zoning Ordinance or other ordinances of the City shall not be construed to allow such activity or to alter the terms of the Zoning Ordinance or other ordinances pertaining to particular land use or development. C. The City shall have the right to enforce this ordinance by civil action in a court of competent jurisdiction. It is hereby found and declared by the City of North Richland Hills that severe flooding has occurred in the past within its jurisdiction and will certainly occur within the future; that flooding is likely to result in infliction of serious personal injury or death, and is likely to result in substantial injury or destruction of property within its jurisdiction; in order to effectively comply with minimum standards for coverage under the National Flood Insurance Program; and in order to effectively remedy the situation described herein, it is necessary that this ordinance become effective inunediately. Therefore, an emergency is hereby declared to exist, and this ordinance, being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval. Page 17 CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Council Meeting Date: 8/14/00 Approving the Local Transportation Project Advance Agenda Number: GN 2000-O8~ Funding Agreement with TxDOT for Walker's Creek Trail & Bike Transit Station - Resolution No. 2000-059 The Texas Department of Transportation (TxDOT), at their January 27, 2000 meeting, approved funding for the Walker's Creek Trail and Bike Transit Station. The total cost for this trail project is $2,105,000. The Federal share is $1,684,000, and the City share is $421,000. Subject: This project complies with City Council Goal #5, Providing Quality Parks, Open Space & Trails, through design and construction of 2.45 miles of off-road multi-use trail and .8 miles of on-road trail. The trail travels from Grapevine Highway (SH 26) through Walker's Creek Park, north through the Town Center, and proceeding north with an on-road connection to the Cottonbelt Trail. Also included is design and construction of a bicycle transit station along the trail. The Master Advance Funding Agreement (MAFA) for all of the approved TEA-21 grant projects was approved by City Council at the March 27, 2000 meeting. The next step in implementing the Walker's Creek Trail and Bike Transit Station Project is the execution of the Local Project Advance Funding Agreement (LPAFA). Upon adoption of the resolution approving the agreement, TxDOT requires $7,500 to be deposited in an escrow account in order to begin work on the project. This agreement with TxDOT allow for the following: · Establishes the federal share of funding for the project, · Authorizes the City to advertise for construction bids for the project, · Authorizes the City to administer the construction contract for the project. Once the LPAFA is executed, the consultant contract will be awarded in accordance with TxDOT policies and guidelines. The City will bid the project and administer the construction contract. Recommendation: To adopt Resolution No. 2000-059 authorizing the City Manager to execute Local Project Advance Funding Agreement with the Texas Department of Transportation for the implementation of the Walker's Creek Trail and Bike Transit Station Project. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number s~ï;ttr::. Budget Director r-----l- .s..... Department Head Signature ·cJ Page 1 of 1 RESOLUTION NO. 2000-059 A RESOLUTION APPROVING THE EXECUTION OF THE LOCAL TRANSPORTATION ADVANCE FUNDING AGREEMENT (LPAFA) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE IMPLEMENTATION OF THE WALKER'S CREEK MULTI-USE TRAIL AND BIKE TRANSIT STATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND APPROVING AN EFFECTIVE DATE. WHEREAS, the Intermodal Surface Transportation and Efficiency Act of 1991 (ISTEA) and the Transportation Equity Act for the 21st Century (TEA-21) codified under Title 23 U.S.C. Section 101 et seq., authorize transportation programs to meet the challenges of protecting and enhancing communities and the natural environment and advancing the nation's economic growth and competitiveness; and WHEREAS, ISTEA and TEA-21 establish federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the City has approved the Master Advance Funding Agreement for implementation of the ISTEA and TEA-21 grant funded projects; and WHEREAS, the City had applied for and has been awarded Enhancement Program grant funds for the Walker's Creek Multi-Use Trail and Bike Transit Station Project; and THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS HEREBY RESOLVES: SECTION I. The City Council hereby authorizes and directs its City Manager to execute the Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation for the implementation of the Walker's Creek Multi-Use Trail and Bike Transit Station Project; as the act and deed of the City. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 14th day of August 2000 APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: APPROVED AS TO CONTENT: -k-~- - r- Jim Browne, Director of Parks & Recreation ~ -~-~~._~---~ -------- <C g: I- ~ w w g: U . g: w ~ ..I <C ~ ~ CITY OF NORTH RICHLAND HILLS Department: LeQal Council Meeting Date: 8/14/00 Subject: Vacation of the dedication of Industrial Park Boulevard; Ordinance No. 2499. Agenda Number:GN 2000-084 Industrial Park Boulevard has been realigned from Loop 820 north to Boulder Dr. adjacent to the new Sam's Club. The new alignment is shown as Exhibit "B" to Ordinance No. 2499. The property included in the new dedication was dedicated by the same owners who are adjacent to the vacated portion. This ordinance vacates the portion of the old right-of-way which is no longer needed. RECOMMENDATION: Pass and approve Ordinance No. 2499. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Avai a e Budget Director Page 1 of ORDINANCE NO. 2499 AN ORDINANCE VACATING THE DEDICATION OF A PORTION OF INDUSTRIAL PARK BOULEVARD. WHEREAS, the tract of land described by metes and bounds in Exhibit "A", attached hereto, is a portion of the dedicated public street known as Industrial Park Boulevard in the City of North Richland Hills; and WHEREAS, that portion of the said Industrial Park Boulevard is no longer being used and the City has no plans to use such described tract as a public street; and WHEREAS, new right-of-way has been dedicated to take the place of said tract described in Exhibit "A" as a portion of Industrial Park Boulevard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS that: 1. The dedication of that portion of Industrial Park Boulevard that is described in Exhibit "A" and is further depicted in the drawing marked Exhibit liB", attached hereto, is hereby vacated in favor of the adjacent landowner or landowners. 2. The two attached Exhibits "A" and liB" are incorporated herein and made a part hereof the same as if set out verbatim. PASSED and APPROVED this 14th day of August, 2000. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED Marshall Lancaster & Associates, Inc. Consulting Land Surveyors commercial, retail and industrial construction surveying. land title surveys. topography. subdivision platting 1864 North Norwood Drive, Suite E, Hurst, TX 76054 metro (817) 268·8000 fax (817) 282-2231 email marshaIUancaster@msn.com LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND BEING SITUATED IN THE TALITHA AKERS SURVEY, ABSTRACT NO. 19, CITY OF NORTH RICH LAND HILLS, TARRANT COUNTY, TEXAS, DESCRIBED AS FOLLOWS: COMMENCING AT A 1/2 INCH REBAR WITH CAP STAMPED uMOAK" FOUND AT THE INTERSECTION OF THE NORTHERLY RIGHT OF WAY OF INTERSTATE HIGHWAY NO. 820 (COMMONLY KNOWN AS NORTHEAST LOOP 820) WITH THE EASTERLY RIGHT OF WAY LINE OF INDUSTRIAL PARK BOULEVARD, AS SAID BOULEVARD IS DESCRIBED IN DEED TO THE CITY OF NORTH RICHLAND HILLS, RECORDED IN VOLUME 10468, PAGE 1221, DEED RECORDS, TARRANT COUNTY, TEXAS; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING 2 COURSES: 1. NORTH 00 DEGREES 44 MINUTES 03 SECONDS WEST A DISTANCE OF 7.77 FEET TO A 1/2 INCH REBAR FOUND AT THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 301.46 FEET; 2. ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 55 DEGREES 26 MINUTES 19 SECONDS AN ARC LENGTH OF 291.69 FEET, BEING SUBTENDED BY A CHORD OF NORTH 26 DEGREES 59 MINUTES 06 SECONDS EAST A DISTANCE OF 280.44 FEET TO A 1/2 INCH REBAR WITH ALUMINUM CAP STAMPED "MLA RPLS 4873" SET AT THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING 4 COURSES: 1. CONTINUING ALONG SAID CURVE HAVING A RADIUS OF 301.46 FEET THROUGH A CENTRAL ANGLE OF 10 DEGREES 03 MINUTES 57 SECONDS AN ARC LENGTH OF 52.96 FEET, BEING SUBTENDED BY A CHORD OF NORTH 59 DEGREES 43 MINUTES 41 SECONDS EAST A DISTANCE OF 52.89 FEET TO A 1/2 INCH REBAR WITH CAP STAMPED "MOAK" FOUND AT THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1040.00 FEET; 2. ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 33 DEGREES 46 MINUTES 46 SECONDS AN ARC LENGTH OF 613.15 FEET, BEING SUBTENDED BY A CHORD OF NORTH 47 DEGREES 52 MINUTES 59 SECONDS EAST A DISTANCE OF 604.30 FEET TO A 1/2 INCH REBAR WITH CAP STAMPED "MOAK" FOUND; 3. NORTH 30 DEGREES 59 MINUTES 36 SECONDS EAST A DISTANCE OF 819.64 FEET TO A 1/2 INCH REBAR FOUND; 4. NORTH 31 DEGREES 41 MINUTES 07 SECONDS EAST A DISTANCE OF 49.26 FEET TO A 1 INCH GALVANIZED IRON PIPE IN CONCRETE WITH ALUMINUM CAP STAMPED "MLA RPLS 4873" SET AT THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF BOULDER DRIVE, AS SAID DRIVE IS DESCRIBED IN DEED TO THE CITY OF NORTH RICH LAND HILLS, RECORDED IN VOLUME 10517, PAGE 1384, DEED RECORDS, TARRANT COUNTY, TEXAS WITH SAID EASTERLY RIGHT OF WAY LINE OF INDUSTRIAL PARK BOULEVARD, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 740.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25 DEGREES 44 MINUTES 53 SECONDS AN ARC LENGTH OF 332.55 FEET, BEING SUBTENDED BY A CHORD OF SOUTH 45 DEGREES 08 MINUTES 25 SECONDS WEST A DISTANCE OF 329.75 FEET TO A 1/2 INCH REBAR WITH ALUMINUM CAP STAMPED "MLA RPLS 4873" SET ON THE WESTERLY RIGHT OF WAY LINE OF SAID INDUSTRIAL PARK BOULEVARD; P~\GE 1 OF Z EXHIBIT "A" I" THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE THE FOLLOWING 2 COURSES: 1. SOUTH 30 DEGREES 59 MINUTES 36 SECONDS WEST A DISTANCE OF 549.14 FEET TO A 1/2 INCH REBAR WITH CAP STAMPED "MOAK" FOUND AT THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 960.00; 2. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18 DEGREES 25 MINUTES 56 SECONDS AN ARC LENGTH OF 308.83 FEET, BEING SUBTENDED BY A CHORD OF SOUTH 40 DEGREES 12 MINUTES 34 SECONDS WEST A DISTANCE OF 307.50 FEET TO A 1/2 INCH REBAR WITH ALUMINUM CAP STAMPED "MLA RPLS 4873" SET AT THE BEGINNING OF A NON·TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 840.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22 DEGREES 35 MINUTES 1:3 SECONDS AN ARC LENGTH OF 331.14 FEET, BEING SUBTENDED BY A CHORD OF SOUTH 43 DEGREES 35 MINUTES 22 SECONDS WEST A DISTANCE OF 329.00 FEET TOTHE POINT OF BEGINNING, CONTAINING 89,816 SQUARE FEET OR 2.062 ACRES OF LAND, MORE OR LESS. ~~~ \- ARSHALL LA ^ , RPLS 4873 l.. Z'" - oD DATE PAGE 2 OF~ 980149VA.doc EXHIBIT "A" ~.:Y I. ~Q I " ~~..~(;- ~~, ~....Q-~'.:..-/ / ~~, D~~~' 7" " v~ ~~" .... /~ ~ " A q"#' / I 1.~ ..... v~- / I qf / I' /",,"" ~..;>..""~ "" \f "" / -'---r- i I ~. I ~ N /? I ~ I ~<:t'~~",~ I _~~~...."j~ I /~9~~~":..+,b' ----I ,*i>' q)~~ ~ I qY' I I I I I I I I I I l \ ) / / / ... I I 200 I II I II I FEET '/ II I I I I I I I I ~ I I ~ I I ~~ I I ~ ~~<i; I I Ø' ~.;s ~Oj'b'ð- I I q~~ ...."ff I I <é;"" ~~ ...."'. I II ~<:t' ~f.~ +, I I _~~ I I q- I I / I I ~ I If¡~t? I I I£...~ II I ~ aro·t; I I ~/~~! I I~~(g~' I I ~ð~ro I IJl.. ~#dt I 1~1' r¿"t'1 I &- I I ~ I I I I I I I I I I I I I I I I I I I I I I I / // -. I POINT OF ?"... II BEGlNNI~ /"" I ><-- , I / , I / / ~--~'J----l I I g." / L-52.9S' v I I I ~ ~1.46' _ ~~V~~b& I I ;V 11- ~ .... Q4l:q;:. I I ~ ~~~~~~ I I ,*,<i) ~~~ fv~ I I ~00'44'03"W Cj q ~ I , '~ 7.77 . ~ -------------~------- - - - - - POI; OF - INTERSTATE HIGHWAY 820 COMMENCING J: ~ o z 200 0 ~ GRAPHIC SCALE IN 1" = 200' "- q..AV VQ~- ~.(). ~c; +,.... q)¡j- I!qY' ß g¡'b' ø--....y ~~~~ ~ ~o ~ ~ ftfr ,,~~ c.~ ~~:}'ð- q~~....~ <7~~ +,...."'. f<'f"~~ .~ ~ qY' ~ GENERAL NOTES: 1. Bearings shown on this survey are based on the Texas State Plane Coordinate System derived from the City of North Richland Hills GPS control networl< monuments -GPS11 and GPS AZ12-. 2. This exhibit was prepared without the benefit of a title report. Easements and/or other encumbrances not shown hereon may affect this property. 3. See attached pages 1 of 3 and 2 of 3 for legal description. EXHIBIT "B" '\ ______L_____ SURVEY DATE: FEBRUARY 1998 ,JOB NUMBER: 980149 l=1lE NUMBER: 980149VA ,. CITY OF NORTH RICHLAND HILLS Department: Finance / Support Services Council Meeting Date: 8/14/2000 Subject: Award Bid for Bay Door Replacement at Fire Station 4 Agenda Number: PU 2000-033 Council approved a 10 year long-range plan for capital improvement projects for City facilities. The purpose is to fund major system and building components in an orderly and systematic manner. Each budget year Council approves $300,000 to $350,000 to fund these projects. In the annual evaluation of our facilities, we determined that the bay doors at Fire Station 4 need to be replaced due to constant maintenance problems and safety issues with the solid glass panels. They are actually too heavy for the constant raising and lowering that is necessary for fire operation. On several occasions the doors have separated or have been pulled off the tracks while opening allowing the glass panels to fall out just barely missing fire personnel or equipment. Due to the safety issues with the doors, it is recommended to replace the doors this year and to fund them from the Building Reserve. Sufficient funds are available to finance this project. Formal bids were solicited and the results are outlined below. D/FW Overhead Door United Door Sales ABC Doors $32,998 $36,350 $36,860 The project includes ten new metal doors with Lexan windows, new remote controllers and electric motors. D/FW Overhead Door met all the specifications and general conditions of the bid and can complete the project within 60 days of the notice to proceed. Recommendation: To award the bid for Fire Station 4 bay door replacement to D/FW Overhead Door in the amount of $32,998 and to amend the CIP budget to incorporate this project. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 505-7022-712.72-10 SUffic.lltnt Funds AV. Iii bl~ ,J /11 oJ. . þ/ £Q. BUdget Director '-. De artment Head Si nature Page 1 of "···-·"'---'^-···>'···"~-_·_"'_~'<'.AA~_'~. PERMANENT CAPITAL MAINTENANCE PROJECTS Permanent Capital Maintenance Building Projects 1999-2000 Building Projects PROJECT DESCRIPTION Below is a list of the fiscal year 1999/2000 building projects to be completed according to the Ten Year Long Range Plan for capital improvement projects for City facilities. HV AC Replacement at Fire Stations 1, 3 and 4 Roof Replacement at Echols & Bursey Senior Centers Painting & Flooring at Police Station and New Floor at Fire Stations 1 & 2 Total Adopted 1999/2000 $102,000 20,000 178,000 $300,000 Replacing bay doors at Fire Station 4 Total Revised 1999/2000 32,998 $332,998 PROJECT STATUS Beginning D.are Ending D.ate Construction 10/99 9/2000 FINANCIAL DATA Change To 1999/2000 Total Funding Source Amount to 1999/2000 1999/2000 Revised Remaining Project Date Budget Budget Budget Budget Cost Building Services Fund $250,000 $300,000 $32,998 $332,998 $0 $582,998 Total $250,000 $300,000 $32,998 $332,998 $0 $582,998 Project Expenditures Construction $250,000 $300,000 $32,998 $332,998 $0 $582,998 Total $250,000 $300,000 $32,998 $332,998 $0 $582,998 IMPACT ON OPERATING BUDGET Minimal impact on operating budget. Projected Annual Operating Impact CITY OF NORTH RICHLAND HILLS \.-.- Department: Public Works Council Meeting Date: 8/14/00 PW 2000-025 Subject: Approve City-Developer AQreement for CIP Water Agenda Number: System Improvements with Keller-Smithfield Road, L TD, Northeast Tarrant Dev., LLC and J & J NRH 100 FLP for Water Lines P-8211 and P-8928 - Resolution No. 2000-057 . Keller-Smithfield Road, L TD, Northeast Tarrant Dev., LLC, and J & J NRH 100 FLP (Developer) is ready to install the water lines which will serve portions of Brandonwood Estates Addition, Phase II. The water lines P-8211 and P-8928 are included in the Water and Wastewater Impact Fee Study (Study) dated July 31,1997 by Knowlton-English- Flowers, Inc. The improvements as outlined in the Study are eligible for reimbursement based on a maximum total cost of up to $72,812.25 times the appropriate percentage. On this project, this reimbursement calculates to a maximum amount of $31 ,197.11. Upon Council's approval of this agreement and in accordance with the Impact Fee Ordinance No. 2241, the Developer will receive the reimbursement upon completion and acceptance of the improvements. The final reimbursement amount will not exceed $31,197.11. ',-- Recommendation: To pass Resolution No. 2000-057. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~ Account Number Sufficient Funds AVaJlaDle Finance Director RESOLUTION NO. 2000-057 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager be, and is hereby authorized to execute the attached City- Developer Agreement with Keller-Smithfield Road, L TD, Northeast Tarrant Dev., LLC, and J & J NRH 100 FLP concerning impact fee reimbursement for water line construction (P-8211 and P-8928) as the act and deed of the City of North Richland Hills, Texas. PASSED AND APPROVED this the 14th day of August, 2000. APPROVED: ATTEST: Patricia Hutson, City Secretary APPR CITY OF NORTH RICHLAND HILLS, TEXAS CITY -DEVELOPER AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS THE COUNTY OF TARRANT: That, Keller-Smithfield Road, LTD, Northeast Tarrant Dev., LLC and J & J NRH 100 FLP of the County of Tarrant, State of Texas, hereinafter called "Developer" and the City of North Richland Hills, Tarrant County, State of Texas, hereinafter called "City", enter into the following contract: In consideration of the mutual covenants herein contained and for the purpose of providing water and sewer system improvements as indicated in the construction documents titled "Water Lines P-8211 and P-8928" the Developer and the City hereto agree: 1. The developer has paid to the City all processing fees and has furnished the necessary permits, easements, and right-of-way as required for the construction of the above referenced facilities. In addition, the Developer has delivered construction plans, specifications and all other necessary contract documents prepared by a registered professional engineer, and will also furnish construction surveying, cut sheets and field adjustments. 2. The Developer has entered into a contract with a Contractor who will perform the work and who will be paid by the Developer as specified in the construction contract documents. Monthly pay estimates shall be subject to City's review. 3. The Developer agrees to provide, at no cost to the City, all testing necessary to insure that the construction is in accordance with the project specifications and the City standards. 4. The Developer understands and agrees that he has no authority to cancel, alter or amend the terms of the construction contract without specific written authority of the City, and that he shall be responsible for paying the costs of any cancellations, additions, alterations or amendments to the contract unless specifically provided otherwise by written authorization from the City. 5. The contractor has provided to the City on City forms, maintenance bonds in the amount of twenty (20 %) percent of the contract price. 6. The City agrees to participate in the cost of the facilities after construction is complete and accepted. The description and amount of participation is as follows: In accordance with Ordinance No. 2241, the Water and Wastewater Impact Fee Ordinance, the City will reimburse the Developer the eligible impact fee funds for the Brandonwood Estates Addition, Phase II Water Lines Page 1 of5 proposed improvements. The City shall only reimburse the Developer the amount agreed upon below, after the construction of the improvements is complete and accepted by the City. If the actual amount paid to the contractor is less than the bid amount, the City participation will be reduced accordingly. WATER AND WASTEWATER IMPACT FEE STUDY d d J I 31 1997 ate my , , Maximum Total Cost per Total Cost Eligible City's Facilities Study per Bid Percent Participation WATER: 8" Water Line P-8211 - $41,457.50 $25,854.40 73.38% $18,971.96 Approximately 1,030' in proposed Brandonwood Dr. from 126' north of the north line of Brandonwood Estates Phase I to Shady Grove Rd. located in Brandonwood Estates Phase II. 8" Water Line P-8928 - $31,354.75 $16,660.05 73.38% $12,225.15 Approximately 779' in proposed Shady Oaks Dr. approximately 126' north of the north line of Brandonwood Estates Phase I from Line P-8211 in proposed Brandonwood Dr. to the east property line of Brandonwood Estates Phase II and the west line of Shady Oaks Addition, Third Filing. Total $72,812.25 $42,514.45 $31, 197. 11 Total Max. Reimbursement $31,197.11 7. The City will provide the inspections as required and upon satisfactory completion of the work, the City will accept ownership and operation of the system subject to the terms of the maintenance bonds. 8. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents, and employees from all suites, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, Brandonwood Estates Addition, Phase II Water Lines Page 2 of 5 performance or completion of any work to be performed by said developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said developer, his contractors, subcontractors, officers, agents, or employees, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of North Richland Hills, its officers, agents, servants, employees, contractors or subcontractors. 9. Upon completion of the work, good and sufficient title to all facilities constructed warranted free of any liens or encumbrances is hereby vested in the City of North Richland Hills. 10. Special provisions: None Brandonwood Estates Addition, Phase II Water Lines Page 3 of 5 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me o~ 'is Barfield, General Partner, for Keller-Smithfield Road, TD. ,2000 by John W. . Commission Expires:-¡ -l 0- ()~ ~~)f~ Notary Public Signature lð~ bvbiLD Notary Public Printed Name t' Ï.. ~-;;.~';~:': OFFICIAL SEAL I~ if.\ Lori Gibson c State of Texas \;t&v> My Commission Expires "'....~:...\,\'" July 1 O. 2004 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged hefore me o~ <¡: Barfield, General Partner, for Northeast Tarrant Dev., L C. ,2000 by John W. Commission Expires: '--(- ( o-eJi otary Public Signature \~'L ~~ Notary Public Printed Name .#t-;;'; ~t:',. OFFICIAL SEAL (~ .J..... ~..\_.~:. Lori Gibson ~ State of Texas ~n.A..k'·~ My Commission Exotres ( ..."~,,, July 10.200" "~,~"'...,...,,,... ~ STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on (\ ~ d'.. - L-Ç>,...--- ,2000 by John W. Barfield, General Partner, for J & J NRH 100 FLP ~ Commission Expires: ---r-L~ ~ Notary Public SJ-nature Lci l bL ÛS()\ Notary Public Printed Name ""'''''1, ........ ,J\.r"";,¡,............ ... .,;.. .... .. 4~Y "~""'" OFFICIAL SEAL ~4' .J..~~" Lori Gibson ~i) State Of Texas (~. ,,~f J\~ My com. mission Expires ~I.\\\'\~' July 10. 2004 Brandonwood Estates Addition, Phase II Water Lines Page 4 of 5 CITY OF NORTH RICHLAND HILLS Larry J. Cunningham, City Manager ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY Attorney for City Brandonwood Estates Addition, Phase II Water Lines Page 5 of 5 I i /1'- I , I ~ : I ' " :-::..:::".:::::L_ _ _ ___ I ¡ ~'(' :',~: : ¡ I dh~T~ I' ~q-452\Dl t~-:- E ~r;:;j !¡.; p~ 92JL~f- ~q2-~k . . H_~=t= 7. :~i I ' -.'\ -- I L_.... ~- -~t i~ I-~ . ~ ! 21-·?1r10 .C~I,\.'m-' 'l~?'" . ~':-"'Á';/_7 r.¡__c~~"<;;.l"'f\ ¡¿:T~~... I' ;;...; "".. ", ,T 0 - ~ - H/!_~.,,_._.. . ,.^^ . ¡ ~:..; j, . -- ,~'~~~~:;:,'<~\~~ X,¡'W-..r·'1: ~ .:, :t~.~a.'flt.~·.,,=::,,::;..' c', ~~..;-.: .... It r:./ J 54 6. ,.... ¡ .·.·1·· "-:~'0:':: ," '-' ...:.- . I ~~-; ..... . "':~<>-""'"'''-''' .''{ ,0.r-· ,., . " .' '_;-"'. .'_' !"~~ . .,~ I· ~. ';....... ",\ ". . :!-.: '\. "".... ,....~ --. ...,;_c~ ,- .-..-, ~'T . r .. ...~ '~..... ." i . ~-;. :: ~'-- -:. _ "',:. ' i' . ~~ ¡ i~Ti j iJ: .. . ~:(o;'I.~~<ç ~ "-'~' ,.;:,'... . ~ . _Þ.._ ___. I~ .., .-'I.-····~·.;::ì ~,<_,*" ;' .'71~-::8;·9;·2'-4 ' ~. ~~,~t~~·88i -~ .~~ I . . -,'1 . ~ :<; : ;.' ) . 8 ., _". :\ - ¡- '>J' '" -. -m. þ , . " . ... 8623 8920~; ~ ~ ~ . , " ," A..~. .......,\ ,... ,'" 8921.' .'. '-'0 - ~::- :t.' I . ~ 'J...'.:;..,:i....'{'~" . - - - ·I......~J., 0- ¡... 8. . . ~~,. ".>.\..~ "" .,-.,-~~,,\:~. ,'" ~..... 8 ._ .~___, ' - ! 1,; . '. Ii :'~'\. :::--~~'\."":--'\."'" ~, ~~,~~.:,"~~<,> '" . :.;;::: ~ r -~..: >" ~ ._ 86 9 ~.. ::i .j 11. .', '..','';''''':''':'.,','", ~'!',.... "," ,', '\.-". T~¡ i <::> ./".: i., ...... : ,~ I"t't ë::, I¿A.. :~ ~.<~~~~~\.~~., ~\'~~"-';~'~~':'; - :·__24-~o:.· '>9~~;~~~~ ·'.3~~ . ~.)I~ . ..;¡ '.'<'~" ,,'\.,,~,<,..,' ~....,.,~'< '"",,->~ 8 (J,'J' ~ >rrmo '-<":'" ,,\:.,X' ,,1'0., , ~'\:-..~ I' ·1 ~<'~'':'~~:~~''>':'~~''~\'~~.~0::~~'\,''0:~ ~l~ ro.",Ar.-'.;-.( gij.'~~I' ~:"'S:~"''-::~. ~ ~~~\." "", "'~',\."" .''\.'' , "'- ./ o~ ! o;...:..~ "'-"'."¥ ,,'\: ~'" ¡ '. ~~:\;.';'<~--t~ <.-<~" ";';:". ;\:-.::~ -,/ ! (~~~. <~"'....' ì." ~ :. ~; ~~~~~~~~~~~ '~~ ~~\(.æ ~ roç ~6 8004' ": ~ L _~~~~ ~;~~ 'p ¡¡ Y.'. ¡.. ;0~,::\,-~,,,~,"~.::;,.-m ~'~"'~' \~(\.'!J i'" ......... \~ ,,~ . \\\ ._~.::-:''\<~~ "·>~~:r'" 1:::-", ",~ '\..,-:...,,\ ,\:.\.',"';:&-'>. \;, "',"-' O~ .' .d_ 01 . .'''''' "''''-':', " :It;. I" JJ '" I' 1¡ l"~" ',,,::::,~'" ,~" ',' ~. . ' . .; f'<Î' ~ ' ,.. .;..~'- ,š.. ' " ~";.~0~ " . ~ . . -' !iD.l.D1 J:!.T'! .~;.'¡¡¡n. .. ~^' >.: :;-..;",:-..:-" ". ':':-:. ___ . :-~:,. " ....'.:" : .'-- ~ ..... . (,. \OK'- .~'W ....''-< . "~. .. ! " ' fTj . '~J>' ,,'{ ,'t;."'\.~~~"""""'''\..',-'-:"\.'\.''' -', 8210 ''0~,,<~:",:~¡;~ ,:::. .'" .¡.~":t'. ,:~< ,."", ~" . -...., '>.~ U ~ ','..['''; ,',',', ,'-'~.II 0.."'·'...·, '. ~ .', '. ",' ',',. ,~',,"":<:\:. . ~.. ~.-'-.,... ....., \ .~<, " 89 J/ ~ :,", ~ "~~ " ~ ::\.~~' ~ "'.~ \. ',- f!t.:-..: '\:-""", "'~~.;" <.,', .;~~~:::;. . -,' '~', ".~~ " ~~~... r: '" 2~~~~'*~~~~ a~.~~~~ ". ~\'~~~:~:~L . :''1'1.$ i ;2 -~ .' ,.~~:~~:~><.~.:J'$'::.~~' ;;;.,\..;.::-.. '\. t':'~~~,~'i,,':...-....:;~-,: h..~~~,'b >~'Z..::'~~,,~("i"~~'~.B "'-' . . :~~, " ,'.;,,'\.'-~~.~~ .(-" 0.":,"" . ".,,", "~~<"~~~ / J" . .-'' ".0) ~~~·~~8:~~'~B.~·7~" 'L~~~,~~~~~~~~ ~~Ž~~~~~: ~"'::S~~1:;~},:~:~-,,~" .,\~~;~' V be J .._...__.-~. '.. "." -lit I····n~ D "'::"""'-',\~'<\:'0,.'-~'-~~""''''~''''?-''.,''''''''''''''-"-"- . ......_:¥..,,,."'~.~'~' ~~. C$J --..... -0_. .' . ".. .... ~,',' ,:..,."~'oJ'" ,,-.,,,"~ "'< q". 4 '.:1' ¡'\.-""""~ . c. C'" . ~ .'~;,;, ,., t·_-"'·'~"·,'S~'.'''''\.~''l't::j "~",-:'&.>~:-::...,, ,U-'·'-t'\·'~':ð'.<f.'·, '. ' .. <ó.f ..,,--'- .~,...-, ." 'n t··'~I'¿ --."'''~~~:~~'~::~;~\~~~~~~~~:;'''~~''~'~~ 807 "~;~~,' 8851'" j ':~_~-::.-~. __ (.j'-". , ~'IO. .', ""''''''''.',."-",,,,,..,,., ~"'<"""v.:: .. ,"'..> .. t '_. ' .Ii-. ., ~j . ~ Q~;}Q" ~ ,:,,",--:~:s:~~~;8S"¿~~~~ ~\~~~~?~<~ ^t,. 8852" . 8655 .. - _-:_11 ..:... ~ 8ßW --&..- 318:'1 -;;;¡¡.¡:f;I¡n· 506;,:::: ~:-->~,~,~>,'·(S""(:--"·'>'''·'''~''''~'::;''-'':: ~' tv.... ;8[}44., ~ ._,...__. "-I~' . t 5449- 9, ';. '- "', ~ ~,-:~~~::;$~~~~~:-:~~~ ~:\.~~~~..::...-\:~~ !_<:~ 0 14 ~ . ,<~:-'~'~)' ...]. _.. __ . , 318z ....::J ~-,__; .....?'.:' L '~.. . 'i- 2~~~~~'~~~~~ ~~~~~~~~'::"''-~.§ ~".'. ..~,-">~<Q ,~~~7." "887/373 ,.. .... if'. . --<= .~. ~ ". í ",,0 ,,' "~. ,':::\ ',~ '. ~ ", t'-,,:~> .::-::~,~:-; . -{ '..,.:;' Q~~'"s''''''' 823: ~ ~.. ~"::; '::~."~ r~ 5I'D~' ~~~~~~~~'2.\~,: ~" ~~~,>~~ : ~r'¡ < · ~t~~~; ~ 8916 ¡ ..'~~ .f.;: 'j..r.Io~~" 1;.5 ~:."\.'" t:;ì: '. ~S;-..".. Q. ~':/ o:1.b~:"" 075 -.... ¡ .... ¡'-:-".:~:!0:,-' "J '" -.."" ~2 :'? r-')[''''¡-- - t~~,.~ ~~ ,'\,~~,,,,~< k.~.. & ,~~~ "" '" . I ~,_ I~~ :-;,~ '66"~ ~~ _~-*.;c --- '~-iß~ .-_____ ~.,~'~~~:\ ~"""""'S(~J17r~. '.~ \~4( ~___..____ ~----~~~~~'~ ~ "< :2 ~ :ri'~ ",,, 5ZA6 . I~ ~ 2111 ~~:>~~~~~~~;~~~'~~~2 ~~x~Jt ;~~~~~~1 f2J 12 _ .... '1.3 ¡ 4.4 _ . ~~~~~~,. <:> . 16 . I' f:¿UO 16 16'" <0 - ." .. ., , , "...,",-,'\." :'-.~.::~,.. :S>' ~1' . ; :-.~,;'\:<::> . ~ ' I :;; r-') ~ '\",~ "0S','- ',H:: 10 ~\>::\'\...'0 '. , 1. 7~J22 a.: I ,::--',~"~'" ',' ~Œ"-8 J5 ¡ tOR.... ~ 8 ~'''".~,\:.,,-~~j:::~' ~'~I' "..,,~~~ 037 ~O) I ','~'",,','. . '" C'-4 't- - DO. ::-~,...~~. ; þr~. - ~ :--..." -",<::' .... \.. i _. _ ~ ......10 If') , -- ., ,_._~, '''.',~f':'''''.'' ~,.".'- I~ ~ '\. . ~.~ ~ "5351 1 .J26G:--:::'·~ ~ :~"-<\'\'~ 8677 ...,~ CO:" Q) 1-:-::, .(,-' "'01)0 a: '-t ¡ · .' ·1' ,St!;~'\.,~:.\,,'{,:~~¡· \ - ',.....'" "f:5! ~:Ig~~,"~ ~JJ1 ó'6'~ '-3770 . ," " .. " .' - <v3.$",,~'':'':\:.':''::''':': '~"\ :8253 :',' i9 J~?,.-.I~~~\í):~.: 8021 6' IQ ~.... . ,I It') ";--'1.; 2OM~'" .~, ,',:::, , 32/) 8 N ,11'::·· ~" tr ,. ~ .~ , ~:,p..' .~-:-:µ~j" . Ii. .-:J57 '~\ .. :r."'U ;9- B654 ;... .....;......~.. I".. P.8251 .5J2Œ::::; >- ~,~!.~ JrP.8248 'ò0' ~: ..~.~::_. .. . '.~:~' 5356. .:~ ':.:. : _ ~I- 3271.~ .. . ~~. 0 ~ u ~'~ ...- '~--::·~~..·.'L- ~1 32~ 4'-4~" ~C3., S;P 8847 ~·:O-~4.~ ,ll 532l00470JIS re¿V .~--. ~ _ .......~ r-8.3J~."'-'-~ .; r ,- ,h..i '" - . .--', _...... ---- - ,"'... ,-"', :>. 15'-i24--~.~Yfb, .+~ .. '/ ,. '-" t: '" . I· "I-~ . v·'" õ"'""""! ~ ...:.:~ ' ,.~~~J2¿ ~=~~~~'.:;:-'i ~.:Š :.; .~~~ ~·;~T. I"'''; 'h___, 8.~ ....LB.~~ "..; .....,. ~ ~... '~"'.. '!'~ --'é\ '-'8JJ2,!1-. · .. -!. I~ 1:-:, 211".,..,,,,;. .., 4¿~ 43: ~: . tJ65. . .' ::",~ ..~~--:t ~~i-:: ~_~' ,:~ II ~ '-+--14.+. ;:---__::;051' '- ¡,::... ,--" :'" ~.~...: ~J1.'.J m ~ 8.S:4'4--~ '....: :'" '33i~' -:s-~;¡ ..-:~ i «~ .:: t:t::~J::-)/:.;,.). ~~ :~~t ¡":~~.-'~ ~'.-.' '. 80..,~~; Ei" ~ r ---¡,. '6-Š~ ¡ ,~~~ " . .~; ..8~~ :/:~ . ' -,:Fi ~t: ~~ ;~~ J. A>- :-..:.-.. '~. .(..:"'.Ç: ~';1Ñh'~ Ct 'i.M?R:.,:' ;;v,' : .:,-~_::! ; . J. ~~: :...: ~ ~~ ~~.¡; -2J.f!Z..:.:t:: ~g: S}:-~' ~ ~·~~f;98.;; \ ;"U .'--:_'-~-":·i-·I-..U t·_i:dr£.~;., ¡ !, . - ,,,~.,,~ Iot-~ -'..-. 5Ü6.·: '>¡ ... .--~ _.~ 80L ,11' fïf41ï'-'--T-;-] '. .. ,...to. .!--r-' :-··.r-··I-:t:·~ ~ .' T ;79:.& tf:'. . '. , . p~ 4 '. ~ "-'\~ ',' '''-''' ~'.' --2209' . .:-:-~-' -i I.'. ·517e.·, .5f7fF .~:; ,',- ,.,' . .......'"c.,l'".'.::t. .....;y;70.5.1>.. ...._1 ~ ''', 'à1\. ~ . L~ Iv..,;r.f...".....~. i .,.,......¡..-_...-j.;':J:.¡ .. '>1..,,\'" '--.' ,. .2'12~'1"'-C:-'-''':1:!.:3~8;!.-;':-''::,.~._'.' '.'",_.__ ... ro''J,j.,Li.51;]Jo..L':,t¡, :..;.. 'J~j,'=-rtj..LJ:;j''j 358·".'·.:j"(':·;' ~·_~~V. ... ~~~~~~~~H~i:~~ 1~1[~~~~L~~;~ )/ '~2r-;~,fu;'fio:~~~~:2~~j~:=~,;;=~; ~OO,· -- "-- . : --. 'V~ ~tLv ------_._-------- .. fL .~~ -...-----" r. lJc:.I U ( --------"-~----_._._---_._-".~"_.."_....- i- ,UI.- J.1t...'JJ 1 Lvru_J~"'" rnA ¡jU. o ')~'1'i')O.:1 -- . -- ...' ........... hl1vn~ t Vlt . ... It) 00 o It) 0 ...( )COCO ~:::~ 00 ~gs¡e&'j~~:g fþ~:&;!~; It) ~~~~~ .... ~ ~ .~ It) 0 2;~0 11/')""" CD,... .... ~ 0 Uti) CO . ~ .co 10 lit) W')_ It). 0 œN~MN""M ~~~~~": <'!. M-co...-œ - ",,:... M ... "":"':0 ~~N~~ g~ Ñ ~·Š~fÌ~~~ ~~:!~=~ ~ ~~i~~ - i It) ~-N ~ OZ'" .. ... ... ... -- ... ... .. ... ... ........ 00 .. ... ... ... ........tot... tot a.. 0::0 i a.Z a:: ~. I 0 N 00 ~-,... ~~~~ 0."" CO OOO""OCDO.. ~;1;~~~~ ~ M;!~~~ a N ... ~ - ...,...,... .... ,.,.......,ccp...._V) Þ- OCIJ to ~~~ ~....o CJ>1t) .... -N&ÐO"""NM C2t~~":C!.t1 ~~t1"":~ ~ 0; . r:i cÕaÎë"': eM r:i "':"':flÓÑ"'¡f.tiÑ df39 ( )-~ It)MOO( )""N OOMOOCO,... N ~ ;; ¡~ ~~~;; '" .... ~ ~:;~;;~:;:¡~ :çNMMNM ~141i~~ I ~:2" ... ... ... ....,.......... :r a:: oc z a 0 0 aaa aaaa 'Of-CO a aaaaaaa a:ia~~a 0 00000 0 ø ... ... O-M ... ............... .. -on.... CIJ_ u:; ó oj ~~~ --- UZ" <It .. tit 1&.10 az ËtiJ a ~ 0 aoo aaaa N...,... 0 aaaaaaa aaaaaa 0 00000 0 ... ...... "',...~ tit ... 119............ ... MC7>1t) ...sri Ü~J ~Non ... ... ~~;" a; »~ »» ~~~ > ~~~~~~~ ~~~~~~ ~ ~~r¡¡~~ ;> ÜOo] ~~o Wwww üüü w w It) 0 0000 0 0000000 000000 0 o 000 0 w >-z 0:; It) 8 It) 0 :;~:g~ ~;:~ co -OOCDNMCOIt) ....:8~:!¡;ti It) ~~~;1)i ... on .... ~~~~~~~ ,... 5! cn~rr:: ~~~~ co o~~ co-nan..- -In... Q :81O.......00~ ¡ f"""1-ao1" 0' ..JcnW M "':":0 ~~~~ lÓóoi N :!~::~~~~ éui..¡.:a;.,..: r:iÑ."':ó .: ..JW'" It) IIÞ-N :;:;;~ "I -................. --N-N co Þ-< .. ... ... ......... ... .. ... ......"" ... ... ... ... ............... tit ~<~ z~uJ 00.: oD.. . ::J-: ZwU; ,... ....~.... ""cocooo coco co '" co co co co co co co ,.......co....,....... ,... 88888 ~ <wo a.:....a:: 8 CDC7>'" g:g:~g: 0>C7>'" ~ g¡g:g:g¡g:g:g: g:g:g:g:g:g¡ 0 g i~i5B ~~~ ~~~ 0 ....u.w "" --.-.. --.-...._-~ --......."-- r-. NN"''''N "I <:rti!!: ^ ^ ^ ob(.)<~ u>J ò-n.g 0 ....-,... ~~co~ S!i!~ CD ~~~~~~~ ~:;:~~;:: 0 ~;!~~:5 0 tit ;,)MM ~ ... ... za:~a:: ~:t- CDM -....:;0 MC7>1t) ~ -NU")O,....~t") o>cc 00,... OM ...M-CD ~:rffi~ 0) _-,....: oõ a> 0;,.... "'¡tÒt'Ì r:i ':~";Ñ..rej~ vir;o)"';"':Ñ c1Õ ,.; ..s ..s ..... °wCIJo -MIt) Man.".... ~Non ~ ~;;~:;~~;t ;tNMMNM ~~~;t~ mt-I-~ Ncnoa ......... ........,... ... .., ............... <a:< a:: Ø) U ~ Æ:::) >-< o II.. ZI-u.! u.~~ ~aj J "II- ;t;t'¡fl :ft~;;. ,#'¡fl;tt!. ;ft-at'# at 'iJt-at~~"II-~¡¡,t. ;¡:¡e~~';;!';/!- ;t il'¡fl.~¡¡,t.~ '¡fl 0 CO 00 co cccoco ~~~~ coco co co ~~~~~~~ 00 co co co CD co 8 co co co CD CD 0 °o~ ~~~~ 0 MC02M MMM MMC02 M MC'?M~Mf") MMt')f")f"') 0 ci nMM r'i";,..; ririMM ririM M MC'iMC-;MM~ ririMMriri ó Mr)Mr-;M 0 >-~O¡ ci: ~~,... ...,...~ ""f'-.,... p.... ~....,... .... ,...........~~,...,... ,...,...,...,...,...,... ,....,....",....,.... I- 0 >- C I -a:~ It) ~æ ;!;8~ ~·~8 :;¡on.... .... -IOMNcn,...CI cn~~~~:! It) -M,....,,.....CO ~ u~~ In co- N :g~N~è5~r: .... ~~::~~ 00 "'<Þ (þ-- 080N .....0 co ~v)M_CO~ "I ~¡::: ~~J :if oñ.... u;~cô Ñ-·':M g..;...; Ñ :g'"McDfD"':oi"': r.;Ñ",,¡~"q;.~ ì ~ori";oñaö - ~SIO M ~;t~ Il)COCON M~ CD ...~~;;~~~ ~~~~t;~ ...;:1~~~ co '" lit lit ............ ""tit... "" lit UJ gu I It) II'> It) It) 000 onlt)OO \t)"'1n 0 oanO\t)It)..,1t) In It) 0 0 011'> It) It) In It) It) In It) 2~1 N NNN ........", NN......... NNN .... ..,.N..NNNN NN"""'OfN N t\I"'CINC7> "I 0 000 cØtÓcD OOcØtÓ 000 ~ ~~~~~~~ ~~~~~~ 0 QQ~c-' 0 =>8 ~ ............ ...... ...........,. ............ ~ ......CO..,.CD ... :z:: co ~~~ it~~ M.cøO M-.. .... ~:2~~~~~ :g~¡::ID~~ 8 MM....O>N In ~~ M CÞ-.O OCD- co ~~~~.¡¡ t1 0> COM Il) CI> 10. NO........ .0. 00 ~ ~. N.It)~...."tf'!.~ "'!cc_._..,....,.q or: 0 ~Wl ":Ñ"': -- - Ñ ffi~ -J .CIJ to 000 CIOCOOO ""COCO 0 OCOOOOCOCCO CCCC~~~CO 00 CC=~CO~ CD :Ii W , ....-- -- - - - <:z:~ -U :;J ,... 10""<0 col6¡g:!? MN,... N ~Ñ::~8N~ IONNCCOCÞ ... ~M"'''''''' (þ è5 NON 001"> .... N--Nr')N 0 M Zo.... CDO<O ¡g..-oo g~:8 10 ~i~¡gg¡gg ¡g~g:8:8¡g - ....i~øõ ( ) WO- co co CO CO COMMCO co M .., OOCD,... co z:J co ~on,... OIM"'C7> 8gS ,... "'''''''''-NIt)N lO""It)NCOCICI - ......~g~~ CO .... N8 CþM-..... M ª'-'-N<"INN Il)N......NN 0 g~N(þ1lO .... ðOj 0 ~$2g 2lišæJ !8 ~$æ~æ~ :8$22~¡g 0 0 wO co ",,:8... co IOMMCDCO N 2: mZ n. 0 ~ION =_N. NMIl) ... "'~Men,...(þco ,...onenCbMO - 001l'>V) CD 0 CD III· 'Or -.... --M,.. 000 M ~S!~NJ::I¡gN IOMN_P)t') 0 MNNOO In .0 a. O!::!J N enN'" ØJ.CI)NN NNN '" CDNNC7>NN "I MNNCOCO CD ~ Ä:Z I co a:> ... co COCOa:> CD a:> 00 CO a:> CD CO CO a:> OOCO... COcaCCCQCOCCl ... OO......CD... ... CD It) CO ,... M 'Or In co N M ~ f c .-, .... - - N "I "I '" I"> M æ09 1 t . ClZ è5 / ...... - CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 8/14/00 Subject: Approve Citv-Developer Aareement for CIP Sewer Agenda Number: PW 2000-026 System Improvements with Keller-Smithfield Road, L TO, Northeast Tarrant Dev., LLC and J & J NRH 100 FLP for Sanitary Sewer Lines L3.1 and L3.2 - Resolution No. 2000-056 Keller-Smithfield Road, L TD, Northeast Tarrant Dev., LLC, and J & J NRH 100 FLP (Developer) is ready to install the sanitary sewer lines which will serve portions of Brandonwood Estates Addition, Phase II. The sanitary sewer lines L-3.1 and L-3.2 are included in the Water and Wastewater Impact Fee Study (Study) dated July 31,1997 by Knowlton-English-Flowers, Inc. The improvements as outlined in the Study are eligible for reimbursement based on a maximum total cost of up to $97,533.50 times the appropriate percentage. On this project, this reimbursement calculates to a maximum amount of $60,535.36. Upon Council's approval of this agreement and in accordance with the Impact Fee Ordinance No. 2241, the Developer will receive the reimbursement upon completion and acceptance of the improvements. The final reimbursement amount will not exceed $60,535.36. Recommendation: To pass Resolution No. 2000-056. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ø) Page 1 of _ '-- RESOLUTION NO. 2000-056 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager be, and is hereby authorized to execute the attached City- Developer Agreement with Keller-Smithfield Road, L TD, Northeast Tarrant Dev., LLC, and J & J NRH 100 FLP concerning impact fee reimbursement for sanitary sewer construction (L-3.1 and L-3.2) as the act and deed of the City of North Richland Hills, Texas. PASSED AND APPROVED this the 14th day of August, 2000. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secreta .-----,--_._~~_._~---~,-~-----------,.,~., CITY OF NORTH RICH LAND HILLS, TEXAS CITY-DEVELOPER AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS THE COUNTY OF TARRANT: That, Keller-Smithfield Road, LTD, Northeast Tarrant Dev., LLC and J & J NRH 100 FLP of the County of Tarrant, State of Texas, hereinafter called "Developer" and the City of North Richland Hills, Tarrant County, State of Texas, hereinafter called "City", enter into the following contract: In consideration of the mutual covenants herein contained and for the purpose of providing water and sewer system improvements as indicated in the construction documents titled "Sanitary Sewer Lines L-3.1 and L-3.2" the Developer and the City hereto agree: 1. The developer has paid to the City all processing fees and has furnished the necessary permits, easements, and right-of-way as required for the construction of the above referenced facilities. In addition, the Developer has delivered construction plans, specifications and all other necessary contract documents prepared by a registered professional engineer, and will also furnish construction surveying, cut sheets and field adjustments. 2. The Developer has entered into a contract with a Contractor who will perform the work and who will be paid by the Developer as specified in the construction contract documents. Monthly pay estimates shall be subject to City's review. 3. The Developer agrees to provide, at no cost to the City, all testing necessary to insure that the construction is in accordance with the project specifications and the City standards. 4. The Developer understands and agrees that he has no authority to cancel, alter or amend the terms of the construction contract without specific written authority of the City, and that he shall be responsible for paying the costs of any cancellations, additions, alterations or amendments to the contract unless specifically provided otherwise by written authorization from the City. 5. The contractor has provided to the City on City forms, maintenance bonds in the amount of twenty (20 %) percent of the contract price. 6. The City agrees to participate in the cost of the facilities after construction is complete and accepted. The description and amount of participation is as follows: In accordance with Ordinance No. 2241, the Water and Wastewater Impact Fee Ordinance, the City will reimburse the Developer the eligible impact fee funds for the Brandonwood Estates Addition, Phase II Sanitary Sewer Lines Page 1 of4 proposed improvements. The City shall only reimburse the Developer the amount agreed upon below, after the construction of the improvements is complete and accepted by the City. If the actual amount paid to the contractor is less than the bid amount, the City participation will be reduced accordingly. WATER AND WASTEWATER IMPACT FEE STUDY d t d J I 31 1997 ae my , , Maximum Total Cost per Total Cost Eligible City's Facilities Study per Bid Percent Participation SANITARY SEWER: 8" Sanitary Sewer Line $44,805.08 $35,664.86 88.69% $31,631.16 L-3.1 - Approximately 1,114' from north property line of Brandonwood Phase I to south side of Shady Grove Rd. 8" Sanitary Sewer Line $52,728.42 $32,590.14 88.69% $28,904.20 L-3.2 - approximately 1,311' from L-3.1 in Brandonwood Dr., west to Smithfield Rd. north to north property line of Bradford Addition. Total $97,533.50 $68,255.00 $60,535.36 Total Max. Reimbursement $60,535.36 7. The City will provide the inspections as required and upon satisfactory completion of the work, the City will accept ownership and operation of the system subject to the terms of the maintenance bonds. 8. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents, and employees from all suites, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said developer, his contractors, subcontractors, officers, agents, or employees, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of North Richland Hills, its officers, agents, servants, employees, contractors or subcontractors. Brandonwood Estates Addition, Phase II Sanitary Sewer lines Page 2 014 9. Upon completion of the work, good and sufficient title to all facilities constructed warranted free of any liens or encumbrances is hereby vested in the City of North Richland Hills. 10. Special provisions: None IN WITNESS WHEREOF, the parties to these presents have executed this Contract in four (~unterparts, each of which shall be deemed an original on this the day of au fAð ,2000. Kell r- STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on ~ '6' Barfield, General Partner, for Keller-Smithfield Roaa, LT. ,2000 by John W. "II"'''" l~~\ \~-~- vIi ~",""~o'1t~·l ';"ll;itn,~\\'\~ '" Commission Expires: r--(o-N OFFICIAL SEAL Lon Gibson State Of Texas My Commission Expires JUly 10, 2004 COUNTY OF TARRANT This instrument was acknowledged before me on ~ q: Barfield, General Partner, for Northeast Tarrant Dev., LL . ,2000 by John W. Brandonwood Estates Addition, Phase II Sanitary Sewer Lines Page 3 of 4 ." Commission Expires: i--cCJ--Oi ~.{';;'~';':~'" OFFICIAL SEAL ~=i~ if,"", Lori Gibson . .., State oft exas ~ ~' My Commission Expires """",,,.,,, l July 10, 2004 " , ',-~~,,,,~,,,,,~,,,' STATE OF TEXAS COUNTY OF TARRANT (\ f\ This instrument was acknowledged before me on ~ Barfield, General Partner, for J & J NRH 100 FLP. otary Public ~nature \ ~~. ~ ~ GsCX\ Notary Public Printed Name Ç: ,2000 by John W. (S T\,..""" : "~rl 'I ~ J\Y þ', .J l~o" . vt>¿\:ilate of &/A~ SEA ~ . ·<';iDmmlssi ~øon ~,"1,,,* ~NIiII'fvt1fJr. ~.otre)(as """~'~ ~1:~\\"""'" ...<\ m ~ - Js{~ Notary Public Signature ~~\r\ Çl~ Notary Public Printed Name Commission Expires: ,-·cò-cH CITY OF NORTH RICHLAND HILLS Larry J. Cunningham, City Manager ATTEST: APPROVED AS TO FORM AND LEGALITY Patricia Hutson, City Secretary Attorney for City Brandonwood Estates Addition, Phase II Sanitary Sewer Lines Page 4 of 4 ...~- '-'--~-'~"- ._.:-~-- --"'-- ...-.--, ; _... ---;- --; 1-- -~ ¡ i . , I ~ ~_;~L::__~~;;-.:J :c__'''_j . . ---., -- -~- ----1 . -' --.-- -- --!-~--i ~.. _.._-c:-~-__ ____Of 7 ¡ S~{)J~r L3/Ci-L3,L '-i9Ii-452\Ðl 1 6i :.-¡ i ! i .-.-- . - .... . ¡ FUTURE K ~.. - ~~ ;1 ! ¡' , . J~;; l~ '__' ,": ,~:!f:!/¡~L):} ¡ c.e 0 ,;: ~; '~[t1 H-~~IT~B'D2~~ ~~.... ·~;l.::~ . -.--:['-, :_;-~_~-L8.~_2 ___. ..~_ ..1.,__·_~f..._.~_ ! ! ! ! -- ,..i ~ ~\' ., . 3~ I I i. ---r a.. -\.7, í _. " V / " 7/ ) J~W !I vU luL Uv·~U ~tri I :rl~;:i ..., Z"" 00"'"\ ~z I ~ .j 0'" ~ct) ~~-, e< cñ I ~~¡¡;J uz:J ¡Ie ' ~z ! ~ . I !:::J!.J u~;J ~ I ...i ~ ~~~~ u w- e I : . ¡ ~....J .~... : __4(Z~crJ~ >-I5Ei¡:¡8~ U1@~" « J j:~ a.::->II:: . _..< 00<- =~!:: ~~~:::¡ o~~ i zw~ I <"'L ..cñ -' w.. ~ 0 en'" . <=t;ù ~w~õ¡ .IIu<o Q:;ct)u:::" o-Q,::! >-~ ! zo:::!S ~=ffia J ~~<~ 8: ....o~~ ~~~!!.; z:;;~~:! ! ...~æ I 0>... 00 ..... i ~~!:: ~"'iõ1 ~ vo 00_ -0::0 t-U I u¡:!u i ~~ i ~ ~:;;-.; :E zo!:::. ¡;; :)u I IU ;:.. I ~:¡ ~ w'" , ... ¡ CD I ~w , ~::t~ e~1 - I ~., 11::_ e c( I w I ¡; I II:: I :!!wJ ~~, w . I ~i]Ñ' e. æo- CZI ~ ... ~ N ~ CD :; .... :i '" ... '" ... :> w o .. .... ... ~ N ~ '" '" '" N CD :; ,.: ... ... :;: '" '" ... ... '" '" on Ñ '" ... N '" ci ~ 8 .., Ñ CD ... å¡ aI a: ~ 1:1 C m ... ¿; aI CD s '" 'zi ~ '" ... ... .... ~ '" ... <:> ... :> UJ o '" ... '" ..; ... ... 0> '" '" '" ... .... ... .. :f. ... co ... CD on ... CD ..,' .... ... N '" ci ... ~ '" ~. CD ... .:. cc ~ aI ... ... I: ~ ... ... ri C"'i ..:, .:, ~ ~ t t r.uvr;L.! vn-cnuL. L.)n-r LVr;CI\.;) N :! ,.: ... 8 ~ ... '" ... o ... :> w o N ... ..: ... ... ... '" ... '" '" ',i on ... :f. '" .. ... CD .... ... ..,' '" ... N ... <> ... ... '" ... ~ .. ... .:. a: ~ aI ... ~ ~ '" ... '" ... .. II) .... .... ~ .. ... N ri N ... ~ ü '" to .... ..: ... ... CD ... '" CD N ri ... ... ~ '" '" N ... ... CD ... Ò ... ... ... ... <> ~ '" co ~. '" ... .:. c:: ~ aI W ... I: ::; .:. ... ... ... '" ... ,zi ... :¡;: to 01' ... ... '" ... '" ... :> w o ... ... ... <Ii ... '" '" '" '" on CD ... ... ... :: N '" .., ... ... s' ... '" '" ci ... .. '" '" ... ",' ... ~ ... cc ~ aI w ... I: ~ ... of ... ... ... ~ CD tti ... II> '" po. ri It) ... '" ... '" ... ~ o ) ;þ "'; ... .. '" '" ... It) '" ... ..,' on ... :f. ... ... ¡g ... .., ",' CD ... N N '" ... '" '" '" on. ... aD ... a: ~ aI UJ ... I: ~ ... ... .. ... '" ... V> ;; .... '" CD '" ... ,.: ~ '" ... '" ... :> UJ o on CD ..: ... ... '" '" ... CD CD ... .... ... ... :f. .. g õ 01)' .... ... '" N o ~ o ... ..,. ... aD ... ~ aI ... ... I: ::; ... - .. ... Ið N '" ... "i ... ... ... .. rti ... ... '" ... '" ... :> \oj o '" ... .... ... ... '" '" ... po. ... rti .., ... :f. .. .0 CD ... ... CD .. ~ N N ci ... ... 2 ... .. aD ... a: ~ aI ... ~ ::; ~ ... aD ... 1ft ... ... CD .., ,.: ... '" 8 ,:; ... ... o ... '" ... :> w o ... CD ..,. - .. '" '" '" '" ... '" rti ... ... ~ ::! .0 ... '" on ... ri ... '" ... N '" ... ... ... N .., .... '" .¡, ... a: ~ = ... t ~ ... , .. ... '" N ... .., ~ ... .., ... ... .... ... ... '" ... '" ... > ... o '" .... .... ... '" '" '" ... ... ... .., ..: N ... :f. ::! co '" ... ... .... ... ... '" N C .... ... ä: ... G ... .¡, oJ a: ~ aI ... ~ ~ ~ G ... It) N ... .. ... .... ;; 1:1 ... ... .'Ï ... ~ '" .. '" .. > w o ... ... ... '!! .. ... g: ... .., on ... .. :f. 8 ci .. '" N '" ri ... ... ... .., u> ... ... on N ::> Ñ 2 '" .:. ~ aI w ... I: ~ .., 2 .:. .. ... '" .... N .¡ .. i '" .... CD ~ '" .. '" ... :> ... o ... ... N ~ ... ... Ii ... '" 01 01 ~ ... ;t. 8 '" '" ... ... N. co ... N N ci ... ... o N '" Ñ .. 2 .:. a: ~ aI w ... ¡: ~ .. 2 .:. '" N rHA"~ 01¡jJ~4JO~ ... ... tti ... ... = N It) Ñ co ... '" ... '" ... :> w o '" ... ~ ... ... ! ... '" '" Ñ :¡ :>t '" ... ... ... ... 0w- N. ~ co .. N N ci ... ... '" <'oj '" Ñ ... .:. ~ :. - ... ~ ,., on ",' on ... '" .. ::> ... :> ... o .., .., .... ... .. '" 8 '" '" .., '" iii on ... ~ co .., ... N ... '" ..: <0 ... N N => .... .. '" ... .... ... ..,. oJ ~ ,.: ... ... N ~ rti ~ n ... '" ... > UJ o ... ::! ~. ... i N ... ID .... ~ ~ 8 '" .. .., '" CD on .. .. co .., .; .. ... o 1ft =. 2 ~ .:. '" ... 01 .... .. .. !. ... ... .. ... '" III :> w o '" '" ... ,.: .... ... Ii ... ~. ... ... ;t. 8 o ... '" i c> .., ... .. '" .... .., ... o 01 ... 2 .:. .... ~ ",' ;; ... ~ rti ~ '" ... '" ... :> w o ... .. ... ~. .. ... 81 ... ow- ... ..' ... .. ~ '" '" o .. ... .., ... ò .. ... N N '" ... ... II) =. .. ~ .:. a: ~ aI w ... I: ~ ~ ~ ~ ~ ~ = aI aI = III ... W W W w t: ~ t: t: t: - :J ::; :::¡ ~ ~ - - .:. ... N ,..; .:. ;I; N o .:. II) ... GO g .:. V> ... 2 ci .:. on ... ~ ow- N' .... ... ... :. ow- ... '" ... '" ... :> UJ o ~ .. ~ ... 8 .... ... ... .... ... ... ~ g ... ... II) ... .. .... '" .. N N ci ... ... o ... :. .. - .:. t'! ... ... .:. '" ... N ... .... .... ... ~ .., ..: ,., ... '" .. '" ... :> w o '" '" .... .... ... '" 8 N ... .., .., ..: .., ... :;: ... N '" CD '" '" .... .... .. N N o ... .. '" ... o. ... ... (.) >- ~ :3 oJ < (J "': ì3 '" .., '" ... ... ... '" ... ... Ñ '" .... '" ... o ... :> w o '" ... ... .. CD '" '" ... CD .. ... Ñ ... ... ~ ... '" øi '" ... on co ri '" .. N N '" ... ... '" ... '" N' .. ,¡, N (J >- ~ o ... ... < (J "': ... .. '" u ... .... '" ~ ",' .. .. ... ~. .., ... a .. ... :> w o '" '" N on ... .., 8 .... .. ... .... .., ... :;: ... po. oti .. ... ... ... .... M .. ... on .., .., .. o '" ... .¡. ... a: ~ aI W t: ::; ... ... .... .... ... ë5 on .. ... '" .. a .. ~ Gi o to ;! on' ~ ... 8 N ^ '" ... ~ 8 o CD ;; on ~ ... ... '" ... ... '" '" ... 2 .:. 0:: ~ aI loll oJ I: ::; It) g .:. ... .. 8 ... CD' .. N .. to on' N ... a '" ... > w o 8 ... ~ ... '" '" N '" ... .,; '" .. ~ '" .. N o Q ~. .. ... .., u> ... ... Q ... ... 2 '" .;. 0:: ~ aI III ... I: ::; g .:. ; í. u¿¡U~ '" on 1ft ",' ~ ~ ¡. CI. .. ~ ~ W In :1 a: z '" .. Õ N Ñ N ... '" ... a ; .., .... ... '" ... :x "'. N .. :> w o ~ u .. It) '" ~ ... '" ... oti ... .. ... ... ... .. ... ... .. ... ..; N ... .. '" ..,. N .. :>t § .. ... :>t Õ ... ci ... N II) ... .... N ... N on ... ..: .... .. N N o ... ... N N o ~ i .. g co .. CD '" .;. .:. a: ~ aI UJ ... I: ::; a: ~ III W ~ ... C) g .:. ... ~ ~ .:. ... on .. o .,; ~ po. ¡¡¡ o ... ... ; CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 02/28/00 '-- Subject: Public Hearing to Consider Request of Spencer Design Agenda Number: SRC 2000-06 Group, representing Provident Realty, to vary from the Sign Regulations for two Nonconforming Signs, on Lot 1 R, Block 1, Tapp Addition. The property is located at 5201 Rufe Snow Drive. BACKGROUND Spencer Design Group, representing Provident Realty, has submitted an application for a variance to the Sign Regulations for two existing pole signs located at 5601 Rufe Snow Drive. Both signs do not meet the current Sign Regulation requirements and are considered non-conforming. On June 5, 2000, Provident Realty was sent a letter from the Building Official advising them of the sign regulations concerning non-conforming signs. The letter explained that the right to continue use of a non-conforming sign shall cease and such sign removed whenever: (1) An approved application for certificate of occupancy or a certificate of occupancy is issued by the Building Official and a sign is associated with such occupancy, and (2) A change in the occupancy classification occurs as described in the building code and a sign is associated with the classification change. Three options were provided. The first was to remove the signs. The second option was to modify the signs so that they conform to the ordinance. The third option was to file an "- appeal for a variance to the Sign Regulations. Provident Realty has decided to seek a variance from the Sign Regulations to allow the two pole ~igns to remain. NON-CONFORMING FEATURES The main structure on this lot is a 201,600 square foot multi-occupancy building and has frontage on Rufe Snow Drive, Combs Road, and Hilltop Drive. Based on that criteria the development is allowed one pole sign and a bonus pole sign. Pole signs are allowed to a maximum height of 20 feet and a maximum area of 100 square feet. The bonus pole sign is allowed in addition to a regular pole sign and may have a maximum height of 25 feet with a maximum square footage of 100 square feet. Sign Regulations call for landscaping of both signs as well as masonry support columns. Additionally, pole signs may not be located closer than 20 feet from the front property line. Source of Funds: Bonds (GO/Rev.) Operating Budget Other '- -~ Finance Review Accoun.t Number Sufficient Funds Available Óf. Department Head Signature Finance Director \\NRH_CITY _HALL2\VOL 1\DATA\PZ\Cases\Slgn Review Commlttee\SRC 2000-06 Rlchland Polnte.doc Page 1 of2 CITY OF NORTH RICHLAND HILLS '- Currently there are two pole signs located on the property in question. Pole Sign A is located by the Southeast entry off of Combs Road. This pole sign is 62 feet tall and has a sign face area of 324 sq. ft. Sign A is located in a parking lot with no landscaping and no masonry support columns. Pole Sign B is located at the main entry off of Rufe Snow Drive. Pole Sign B is 40 feet tall and has a sign facing area of 252 square feet This sign is located 1 foot from the front property line and does not have any landscaping (aside from grass) or masonry support columns. The applicant has indicated that Sign A is the sign that would provide the best benefit and would be willing to remove Sign B to mitigate the current square footage and height of keeping Sign A. Sign A clearly exceeds the height (62 feet versus 25 feet) and square footage (252 square feet versus 100 square feet). While Richland Pointe is a large facility over 200,000 square feet, under the new sign ordinance they would only be allowed this type of sign under the Freeway Frontage District. Sign A is approximately 800 feet north of Loop 820. The Freeway Zone only runs 200 feet north of Loop 820. RECOMMENDATION: This request should be considered similar to a Board of Adjustment case where the ',,- applicant should show a physical hardship in order to maintain the height and square footage for Sign A. While the sign does represent a large center and the sign is setback off of Rufe Snow, the height and square footage are more than twice the size of allowable signage. Staff would not recommend approval unless Sign B is removed and Sign A is significantly reduced in height and square footage. If the Council determines that a sign variance Is warranted, the following motion Is recommended: Approval of SRC.2000.Q6 with the stipulation that Sign B be permanently removed and the height and square footage on Sign A be reduced to a maximum of 31 feet In height and a maximum of 126 square feet of sign face. ".':1:'. '-I CITY COUNCIL ACTION ITEM ~. L:\Cases\Sign Review Committee\SRC 2000.-0.. '='wu I UlIIl:lytt '='IIUW nttlYlllt:l.UUC Page 2 of 2 .&......... v v .... V, 1 VI", ' ..I. -r . ,. : I I\V' l-ULdTT--nKU1'!lJ-r-- Ul\VU 1 I LL ., r¡ -"rr-,"JlTy----~----~ r. U U ~ Provident Realty Advisors, Inc. Commercial Real Estate Development, lnve.mnents. Brokerage August 8, 2000 Mr. John Pitstick Development Director City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 76180 Re: Pretty M.T., L.P. Sign Variance Dear John: I am writing concerning the signage issue at the RichIand Pointe Mall. As you know, we purchased the mall in August of 1999 and have worked vigorously to turn it into a thriving office center. Our warm shell construction and exterior site work budget has exceeded $2,300,000 and tenant improvements should add another $10,000,000 to $15,000,000. We have succeeded in signing Software Spectrum to a lease for 75,000 square feet and are presently marketing the remaining 100,000 square feet to perspective high tech tenants. Because the mall is situated behind existing restaurants and sits back significantly from Rufe Snow, we feel adequate signage is paramount to attracting future tenants that could easily bring another 600-1,000 jobs in the area. Presently, we have two signs that exceed the City of North Richland Hills new sign ordinance. We have presented to you and the city a sign variance request in which we hoped to retain both signs. Understanding that the City is trying to upgrade its sign age we would be agreeable to removing the pole sign on Rufe Snow and request that we be allowed to keep the one in the parking lot. The sign in the parking lot would give us the needed exposure to Rufe Snow and Loop 820. We will upgrade the stnIcture of the sign and add landscaping to the base. Should you have any questions you may reach me at (972) 733-3399, Ext. 119. þÁ- ~b Monda Watson Project Manager -'.:¿ 17440 N. Dallas Pkwy · Suite 230 · Dallas, Tx 75287 (972) 733-3399 . Fax (972) 931·9369 ,- -- - ---- - - - -- ---....-------- - --- ---, I I I I I I, I . I I I I I , L______________ , I I , , I . I I I , I f I _ _ _ _ _ =~ _ _ _ _ _ _ _ _ _ _ _l_ _ _ _ _ _ _ _ _ _ _ _ _ _ _--; , I I , I , , I , , I , I I ~ o o o () o 3 r::r CJ ;:u o w ~ o ØIi o 0 I ,I 0 I~ ,"0 0::0 0::0 0::0 0::0 0::0 '0 I ~. , 0 I 0 I I j¡ 0 0 I , I ___J I , I :.U'J ""D rr-o {;) r- ,2 rrl !» __J . I , I I , I . I I :1 I, ':1 I!: " I, :. I U'J""D r C) 0 : 2r-ïI rn rrl II j ¡: i: }!r;rf!i {III; ,~I n! II ~ I II( , I" if I' ~ f I;!I r rllfnl I' f I1jr f ¡rIff ï f ir ,I I if I' f.· · i - c:s Rufe Snow Drive ;.;~ !).) ..... ..... I' I' E&"Ornz -.... (D ~S'~ ¡ ¡ ~~ OtD\J:¡; ~" ~~.§.& ~it ~5S-EJ P íß 5- i~ ~ "'-c ~i :!ita. ~~ l- if ~ m II III , hJ I L ~ I· 16'-0" ·1 (Future Tenant) . . Option A Pole Sign A Richland Pointe Business Center 5201 Rufe Snow; Lot 1; Blk 1; Tapp Addition Scale: 1/4" = 1'-0" '-.....,......, I· 16'-0" Ñ co (Future Tenant) (Future Tenant) (Future Tenant) . . ·1 Ñ co f.<¡;' Option B 7/13/00 œ r /- 21' -0" -1 ~sSoftw~... '.V.....i.. ~ pee '..... -- -/,.' ~ FITNESS (Future Tenant) I I I I I I I I I ~-------------------------- . . !~1 Pole Sign B Richland Pointe Business Center 5201 Rufe Snow; Lot 1; Blk 1; Tapp Addition Scale: 1/4" = 1'-0" -U-L~:i::~~~~::V~:- a can that was added to the bottom of the main sign. This bottom can is in poor condition. o I o '<t 7/13/00 . _~__,______"7'_~"-'__~_~__~__'___'~__'~">_'~~__'_'_~..--~.--"'~ ".' ~.~....--,,",...,--,,,,---_..,,~.,--,,_..,._-,_._--~---,~----'_'~--~._-_... Pole Sign A Richland Pointe Business Center 5201 Rufe Snow; Lot 1; Blk 1; Tapp Addition 7/13/00 JB I:, ~i\~ Pole Sign B Richland Pointe Business Center 5201 Rufe Snow; Lot 1; Blk 1; Tapp Addition 7/13/00 . .. NOTICE OF PUBLIC HEARING OF THE NORTH RICHLAND HILLS SIGN REVIEW BOARD (CITY COUNCIL) CASE #: SRC-2000-06 Spencer Design Group Because you are a property owner within 200 feet of the subject tract of land as shown by the last City-approved tax rolls, you received this notice. You are invited to attend the Public Hearing to voice your support or opposition to the request. ; If you are unable to come to the meeting, you may forward any petitions or letters to: Planning Department City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Purpose of Reauest: The public hearing is to consider the request of Spencer Design Group, representing Provident Realty, to vary from the Sign Regulations for two Nonconforming Signs, on Lot 1 R, Block 1, Tapp Addition. The property is located at 5201 Rufe Snow. Hearina Procedure: Time: MONDAY, August 14,2000 7:00 P.M. When: Location: PUBLIC HEARING - SIGN REVIEW BOARD (CITY COUNCIL) PUBLIC HEARING - CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS What: Applicant and Other Speakers' Presentation Public Input, Neighborhood Associations, Property Owners Within 200 feet, Interested Citizenry Questions from Sign Review Board for Applicants, City Staff'and Guests Present. L:\Property Owner Notification\SRC\SRC-2000-06 Spencer.doc " U C-1 12S::: ; !II i ...211; 1 at I ... , '" C5' !Z !Z "- SRC-2000-06 52()1 Rufe Snow = ,.. ,.. ... o ." 5 ~ ::rR U lit ~ ... ... " ... j :\)\1~ \) t'þ.~ I I \~. 7.\\\':1 6 "'2 C-2 1107 8R ~Q~1'¿" lG'¿"~ t\i ø"Q Er.ifØ'Owe~ø If'" c '" - 1:1 ì ;,1-" R-- - .F- , R .. ~ . !!!I C-2 ~ --;, ~ 31 1 C-2 1850 0-1 2253 :JIIA :JII C-1 2253 ... 31-111 la5 C-1 ~rC1__ I 14 ~cp.ð,O 1 " . ]0 ~ _.:~~~~?J~ ~\\ J ..--. ú,." ."-:=-:---.. ····_'-:..·~+·,=·_=-r:::14..·'-:....,.··_~-···"-=-"'·-;- _ ~o'r-'\ p 13 ':;. ~<fl.ð,O C-2 ß 1130 J'0~ CD.M8.LJI D I I ! I I I Ii ~ ~ o z (J' I \\~ '\ ?'? '\ þ. {"\~ ! þ.\)v i ",\~ð,'3 I I I " 16 C-2 C-1 2 " ~,o'r-'\\\ ",c. i:' 't\\_. ø"'o ~ -- -_.._- 111 NORTH EAST LOOP 820 i3 I I r'---~--- 'ò'2.0 ÑO'r-'\\\ \ ! ì ","",,,~'r-\Cþ.\. CQ~~~~ ! 11l£l 'Z.~'2.':J -c ----- -2 .-------- " nu.cr . EJ, --34 -- J . 5 G..... L^IIUE. :000: 8t I i'IP M äl l ¡::. , 5~. .~ . . ... o ' . ;;; I 5 . I ~ 3-:-:-4 < 1 I I " '" " ... ~<i ----.- '" I i nuA.JI o . .- -\ nuu o --! nu<ooA r ¡ . ;q 31 11 [ 5 ·4 . 3 .. C ~-- < 0 ~ 0 0 <- ... ;¿ . 5 1~- [ r .... > x ..., 0 z 17 ." ;I<: ~ -( ~ " :II 21 ' :s I . .! 0 I, I I I I i \ : I :5 :. I :J \ 1:2 i ZI ; :0 ¡ · i · MARILYN LN " I ! ¡ 1 : 0 .--, ' I I ' 0 ~ ~ i ¡"&/'-" .\' . _.,,,'t3 I ~ . . --------- 11 ~'___>"___'_~_""~__~_"_M~.~.~..~__,~_,_··~m"_~-"__-~-----_.._-~..-..~ SRC-2000-06 SITZMARK INC STEPHEN EISNER 3200 ALGONQUIN ARLINGTON, TX 76017 FIVE SAC SELF STORAGE 2721 N CENTRAL AVE STE 700 PHOENIX, AZ 85004 ELIZABETH CUTLER SEALYMATRESS ASG NORTHWOOD i 320 S UNIVERSITY DR STE 1015 6550 WULGIER 9220 SKILLMAN STE 201 FORT WORTH, TX 76107 NRH, TX 76180 DALLAS, TX 75243 ENNO SPRINGMANN TOC DS CO HOME DEPOT USA 16511 ADDISON RD DIAMOND SHAMROCK ATT LEGAL DEPT DALLAS, TX 75248 P.O. BOX 696000 2727 PACES FERY RD NW SAN ANTONIO, TX 78269 : ATLANTA, GA 30339 PESKIND PROPERTY CO PESKIND INC EAST/RUFE SMNOW LTD 5485 BEL TLINE RD STE 100 P.O. BOX 835183 5200 BUFFINGTON RD DALLAS, TX 75240 RICHARSON, TX 75083 A TLANT A, GA 30349 WILMINGTON TRUST CO AMERUS PROPERTIES TIPPINS REST STEPHANIE LORAN 699 WALNUT ST 7600 W 11 TH ST STE 200 9275 SKY PARK CT #300 SAN DIEGO, CA 92123 DES MOINES, IA 50309 OVERLAND PARKS, KS 66210 ONEIDA REALTY CO ONEIDA REALTY CASA BONITA TEXAS LP 1605 ALWORTH BLDG 997 GRANDYS LN P.O. BOX4349 DULUTH, MN 55802 LEWISVILLE, TX 75067 ANAHEIM, CA 92803 COMMONWEALT W ALDENIDREYER OPER PTRNSP RUFE SNOW LOOP 820 CONSOLIFDA TED 5080 SPECTRUM DR STE 1000E P.O. BOX 835183 P.O. BOX 1022 DALLAS, TX 75248 RICHARDSON, TX 75083 COLLEYVILLE, TX 76034 ;.'1:- Sent By~ PLANNING INSPECTION; 817 427 6303; Jul-1~ 00 4:38PM; Page 8/8 PART 5. DESCRIPTJON OF REQUEST List the pertinent section(s) of the Sign Regulations and Indicate the specific interpretatlon(s), variance(s), or nonconforming use exceptiones) being requested. Ordinance No. 2374 Paragraph 10 Nonconfonning Signs Subparagraphs B, Items 1 & 2 read as follows: B. The right to continue use of a nonconforming sign shall cease and such sign removed whenever: 1. An approved application for certificate of occupancy is issued by the Building Official and a sign is associated with such qccupancy. This section applies to on-premise signs only. 2. A change in occupancy classification occurs as described in the building code and a sign is associated with the classification change. Applicant respectfully requests that a variance be granted with respect to this portion of the ordinance. State the grounds for the request and detail any special conditions that cause hardships that in your opinion justify the variances or exceptions being requested. Explain any unique circumstances, if applicable. not considered by the Sign Regulations: 1. The subject property that includes over 200,000 square feet of space in a single one-story structure has extremely limited frontage on Rufe Snow. Frontage is limited to a driveway and a narrow grass median. The businesses that are located between the subject property and Rufe Snow block visibility of the subject property from Rufe Snow. If this variance is not granted and the applicant is forced to remove these signs, the applicant will suffer undue economic hardship due to the loss of visibility that can be offered to prospective tenants. 2. Applicant purchased the property on or about August 13, 1999. The Sign Ordinance referenced above was first adopted November 22, 1999. At the time of the purchase, the Applicant was unaware that this change to sign regulations was contemplated. 3. Loss of these signs will constitute an economic hardship for Applicant as well as future and prospective tenants due to the loss of visibility from both 820 and Rufe Snow. Applicant has committed substantial investment in the purchase and revitalization of the property. This investment will tfe put at risk if these signs are removed and property visibility is lost. 7 \\NRH_CITY _HAU:l\VOL1\DATA\PZ\Applca~ and Chedœb\SIgn ConItQ AppIlcatlon.doc 7/00 O&'OQ -~_.~.".,----_.,-,._~---~~-'-_._-------~--,._,._. Sent By: PLANNING INSPECTION; 817 427 6303; Jul- ~OO 4:37PM; Page 7/8 NRH SIGN REVIEW BOARD APPLICATION City of North RIcnJand Hills 7301 NE Loop 820 North Rlc:hland Hills, TX 81} 581-5500 (Pleaoe prim or ~ all responses) f\'-it-~ ro(t.. f'¡2:.0V, De.N"\ R~AL\Y e of applicant Telephone number of applicant: :z) c.\ . 75 c. .5 (p(j 0 FAXnumÞerofappllcant : 2\4·754 ·S(c50 NOTe: It you IR not the owner ot Ihø. property, you must aMeli D Au.-f¥::» \X 7520 I ke you the owner of the Are you tile owner's agent? pr0øeny7 o Yes ~ No P T 2. BJECT PROPERTY Subject Property legal Ducriptlon: 17)3601 f1c..R'E.TRA<J)t'AIt\Of Lðí '~-BLoc\c:.l )fiPP~.Dfo~J()~Bß-\1b1D ~~\ Sub ~ Propeny StR:et Address: 5'2-0\ Rl\f~ SNO~ N. R. t\. ) TX Ifc '<2>0 a letter from the property owner giving you pennl8eion tD submit ~ Yea o No FORMATION this applic:il1on, PART 3. REQUEST TYPE o Interpretation Request IX} Sign Variance Request D Nonconforming Use Current ~ing cla68ifk:allol'l: Cfl.. COMME\2..C,\-P\ L. Now: A map or DIoC plan of the praJWtv and drawings of the ~ construction mu.c be submitted with this -..pllc:.atlon. The applicants or lheir ntpresentatiYM muat be present at ~"r ¡.ch8dulad pUÞIlc: hHt1ng. vari8nc:e for conalderation by the Sign Boatd Review. Date Î /uII 00 Print ~m8 GAf?..Y }J¡ 1SL:HU' ONLY Taxes, ~ and AueRmenta Paid? Case Number D Yes DNa Variance Approved: o Yea te of Final AcUon: FM$: SðOO.OO o No Uona of ~I; T1iÍl request will not be sct'1/iduJed for hearing ~ unlH the aPØlk:atlon fee is paid. 6 \\NRH_CITV _HAl.L2\VOL 1\OATA\PZ\Appk:allana and Che<*IIsIs\Slgn Control AppliCetion.doc 7/00 05199 ~ CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 08/14/00 '-- Subject: Public Hearing to Consider Amending Sign Regulations Agenda Number: SRC 2000-07 to amend Section 11 A2 Special and Additional regulations; Signs for Automobile Dealerships. Ordinance No. 2504 Background The current sign regulations allow for pennants to be placed on automobile dealerships located in the construction areas of the Freeway Overlay Zone until December 31,2003, or until the freeway interchange construction work is completed. Sign regulations also allow temporary light pole banner signs for a 60 day period as long as the banner signs are seasonal in nature and without the use of words or logos. Staff has been monitoring these regulations and have sent letters to all of the auto deaierships. Several dealerships have purchased light pole banners that have logos and would like to display these during the freeway construction period. A letter has been received from Alan Young addressing this issue with concurrence from Hudiburg Chevrolet and Allen Samuels Dodge. These auto dealers would prefer to have the light pole banners instead of the pennant streamers. They feel that the light pole banners present a cleaner image than the pennants and are requesting to be allowed to use banners during the freeway construction. All the auto dealerships have not been formally contacted regarding \.... this issue. Staff has drafted an ordinance revision that would allow automobile dealerships in the Freeway Overlay Zone to display either light pole banners or pennants until December 31, 2003 or until the freeway interchange construction is completed. Recommendation: If City Council wishes to consider this sign ordinance revision, staff would recommend approval of Ordinance No. 2504 as written. Source of Funds: Bonds (GO/Rev.) Operating Budget - ~ ì Other flY ~ )J2~ Department Head Signature Finance Review Accoun.t Number Sufficiènt Funds Available ;.'i:- \\NRH_CITY _HALL2\VOL 1\DAT A\PZ\Cases\Slgn Review Committee\SRC 2000-04 Scott Tumage Snow Heights.doc Page 1 of 2 - www.alanyoung.com 7724 N.E. Loop 820 . North Richland Hills, TX 76180· POBox 820769 . Fort Worth TX 76182-0769· (817) 589-3300 July 13, 2000 John Pitstick Director of Development 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Dear John: As a major retailer and tax providing business, I am requesting consideration from city decision makers regarding the 'banner rule' which we must abide by immediately. From discussions with Tim Horvath I assume that light pole banners are prohibited for city retail businesses, but streamers are allowed just during construction period for the highway project 820/121/26. I have talked with Gene Scott with Hudiburg Chevrolet and Mike Lawry with North Loop Dodge. We all concur that light pole banners would better serve our image and that of the City. These phases of the highway project are brutal. Traffic for our businesses is negatively affected because of the dust and noise, the closing and restricting of traffic from day to day, and the anticipation of the work to connect Davis Blvd to 820. I feel the least we can do is to promote our products tastefully with banners on our light poles. How does that negatively affect the image of the city? Nevertheless, could the city decision makers at least waiver the banner rule until phase 4 of the highway project is complete. Your assistance and understanding will be much appreciated. Sincerely, ~/ Alan J. Young Cc: Gene Scott Mike Lawry Tim Horvath Å The ForeTer Young Orpabiatlon ORDINANCE NO. 2504 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE SIGN REGULATIONS OF THE CITY OF NORTH RICH LAND HILLS, TO AMEND SECTION 11A2 SPECIAL AND ADDITIONAL REGULATIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has determined the need to amend the Special and Additional Regulations Section of the Sign Ordinance to clearly clarify its intent for allowing temporary signs for automobile dealerships within the Freeway Overlay Zone during freeway construction; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS: 1. THAT, Section 11A2. Special and Additional Regulations of the Sign Ordinance, and all references to Section 11A2. Sign Regulations be hereby amended as follows: 11. Special and Additional Regulations A. Signs for Automobile Dealerships... 1. ... "2. Either pennants or light pole banner signs are permitted for automobile dealerships located in the construction areas of the Freeway Overlay Zone until December 31, 2003, or until the freeway interchange construction work is completed." 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, se~t,~hce, paragraph or section. Ordinance No. 2504 Page 1 3. SAVINGS CLAUSE. That Ordinance Number 2374 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 from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL THIS 2000. DAY OF - ATTEST: Charles Scoma, Mayor 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. 2504 Page 2 . . ¡ ': CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 08/14/00 Subject: Public Hearing to consider the request of JB & JB Develop- Agenda Number: PZ 2000-26 ment for a Zoning Change on a 4.362 acre portion of the Cobb Addition from AG Agricultural district to 01 Office District. This property is located in the 8000 Block of Precinct Line Road Ordinance No. 2500 Background JB & JB Development has submitted an application to rezone 4.362 acres of land out of the Stephen Richardson Sutvey, Abstract 1266, from AG Agricultural to 01 Office for future development of the site with offices and related uses. The property is located in the 8000 Block of Precinct Line ~oad and contains a portion of the Cobb Addition. There are some structures on the property that will be removed prior to future development. Surrounding Future Land Uses Currently the land to the South is being used as a Manufactured Home Park and is zoned Agricultural. Land to the North contains a single-family residence on a large lot that is also zoned Agricultural. Land to the West is vacqnt and zoned Agricultural (the tract of land to the West is also being considered for rezoning at this meeting). Land to the East across Precinct Line Road is in the City of Hurst. The reauest for 01 is not in conformance with the projected land uses outlined in the_ \--. current Comorehensive Plan or the recent orooosed uodate... Both plans indicate that the property is best suited for single family residential use. However, both the current plan and the proposed update indicate that commercial and office uses may be appropriate to the South of this tract. North: South: East: West: Future Land Use Current) Low Density Residential Low Density Residential City of Hurst Low Density Residential Future Land Use (Proposed) Low Density Residential . Office City of Hurst Low Density Residential Source of Funds: Bonds (GO/Rev.) Operating Budget Other = øJ ~ )J2~ Department Head Signature Finance Review Account Number Sufficient Funds Available ''''"' L:\Cases\PZ Cases\2000\PZ 2000-26-41 Cobb to 01.doc Finance Director ~~ ~' .- CITY OF NORTH RICH LAND HILLS RESPONSES There has been one response from property owners within 200 feet. The adjacent property owner to the North has submitted a letter stating that they are not opposed to the rezoning to 01, but do have concems about the accuracy of a map sent out with the zoning notice. This has been discussed with the owner, and their letter is provided in the back-up material. RECOMMENDATION: The Planning and Zoning Commission met on Thursday, July 27, 2000 and voted 5-0 to recommend approval of PZ 2000-26 from AG Agricultural District to 01 Office District. If the Council determines that this rezoning is appropriate, the foIJowing motion is recommended: Approval of Ordinance Number 2500 and PZ 2000-26 for a Zoning Change from AG Agricultural District to 01 Office District as requested. : ..'i!- 1 CITY COUNCIL ACTION ITEM Document6 Page 2 of2 11 Ff{ #2 ) Al tlXl Q .. ¡; IIXI 7.0 ,.. TR 5E1 TR 881 1.052 AC .87 AC 6 .6 1 4 8 5 7 5 4 6 .......-........... .................. .................. ......... .......... .................... .;;~¡!¡,. ...............! ::§::;.it~:: ................... ................... ................... ......... ::::::::::::::::::: .......... .:.:.:.;.:.:.:.:.:. ................... :.:.;.:.:.:.:.:.;.: TR 8A 1. 7 4 AC :;:;:::::;:;:::::::; IIX1 TR 4A .971 0 ... PZ 2000-26 Rezoning of 4.362 acres Portion of the Cobb Addition From AG to 01 7' m JWU ~<( j a:: !]J ~c 7' . -..-.---. I . I ~ i I I I I o I , i N ... It) TR1 6.381 AC (5.8S1 AC) (.50 TR 5E1Al .115 @ TR lG1 .107 AC - -----------i'-------- ¡: TR 1G § ... TR 1F .550 @ w - a::: ~ = o o '" '" ---------------------------- ,- I I , I 1£.. ;---t. NOTICE OF PUBLIC HEARING OF THE NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CASE #: PZ-2000-26 JB & JB Development Because you are a property owner within 200 feet of the subject tract of land as shown by the last City-approved tax rolls, you received this notice. If you cannot or do not wish to attend the hearing, the attached form is provided for your convenience. Purpose of Reauest: The public hearing is to consider the request of JB & JB Development for a for a Zoning change, from (AG) Agricultural to (01), Office. The property is 4.362 acres, a portion of Cobb Addition, located in the 8000 block of Precinct Line Rd. Hearina Procedure: PlanninQ & ZoninQ Commission & City Council When: P&Z THURSDAY, July 27, 2000 CITY COUNCIL MONDAY, AUGUST 14, 2000 7:00 P.M. Time: What: PUBLIC HEARING Location: PUBLIC HEARING· CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS Staff Presentation Applicant and Other Speakers' Presentation Public Input, Neighborhood Associations, Property Owners Within 200 feet, Interested Citizenry Questions from Planning and Zoning Commission for Applicants, City Staff and Guests Present. .,,;--:-' L:\Property Owner Notification\-WRL0346.tmp - .__.~.._~--~---"'-~-----~'-'-~"------------ ..-, f CASE #: PZ 2000-26 4.362 Acre Portion of Cobb Addition JB & JB Development 8000 Block of Precinct Line The following property owners are listed in the 1999 Tarrant Appraisal District tax rolls. They fall with in 200 feet of the subject tract and have been notified. Majorie Kable Nash Dodd 8125 Precinct Line Rd FtVVorth, TX 76180 JB & JB Development 700 VV Harwood Rd Hurst, TX 76054 State od Texas P.O. Box 6868 Ft VVorth, TX 76115 Mary VVarren 120 Oak Leaf Dr Ft VVorth, TX 76180 Estate Custom Homes 3717 Sweetbriar Ln Bedford, TX 76021 STS Constuction P.O. Box 821336 Ft VVorth, TX 76182 Riviera Professional Builders 6600 Charleston Dr Colleyville, TX 76034 Mitcham Homes Inc P.O. Box 983 Colleyville, TX 76034 Riviera Professional Builders 2600 Briargrove Dr Hurst, TX 76054 i',;f: 4. PS-2000-29 CONSIDER THE REQUEST OF ARCADIA REAL TV FOR A FINAL PLAT OF NORTH RICHLAND HILLS TOWN CENTER ADDITION, PHASE I. THE PROPERTY IS LOCATED IN THE 6100 BLOCK OF DAVIS BOULEVARD. APPROVED Dan Quinto came forward and addressed the commission. Mr. Quinto explained the request and proposed changes from the previously approved version. The Chair entertained a motion. Mr. Nehring moved for approval, Mr. Laubacher seconded. The motion passed by a vote of 5-0. 5. PZ-2000-26 PUBLIC HEARING TO CONSIDER THE REQUEST OF JB & JB DEVELOPMENT FOR A ZONING CHANGE ON A 4.362 ACRE PORTION OF THE COBB ADDITION FROM AG AGRICULTURAL DISTRICT TO 01 OFFICE DISTRICT. THE PROPERTY IS LOCATED IN THE 8000 BLOCK OF PRECINCT LINE ROAD APPROVED John Barfield came forward and addressed the commission. He explained that they were seeking rezoning from AG (Agricultural) to 01 (Office) for future development of the property. Staff explained that the current Comprehensive Land Use Plan indicates that Single Family Residential Zoning is appropriate at this location. After discussion, the Chair entertained a motion. Mr. Blue moved to approve the motion, Mr. Nehring seconded. The motion carried by a vote of 5-0. ,...¡..... Page 2 7/27/00 P & Z Minutes ORDINANCE NO. 2500 AN ORDINANCE REZONING A 4.362 ACRE TRACT OF LAND OUT OF THE S. RICHARDSON SURVEY, ABSTRACT 1266 FROM AG AGRICULTURAL TO 01 OFFICE IN ACCORDANCE WITH ARTICLE 2, SECTION 200, OF THE CITY OF NORTH RICH LAND HILLS ZONING ORDINANCE; 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 Zoning Ordinance 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. THAT, in Case Number PZ 2000-26, a 4.362 acre tract of land out of the S. Richardson Survey, Abstract Number 1266, located in the 8000 Block of Precinct Line Road, as shown and described in Exhibit "A", shall be rezoned from AG Agricultuaral District to 01 Office District and, 2. THAT, 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. 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted By the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Ordinance 2500 Page 1 of2 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL THIS 14th DAY OF AUGUST 2000. ATTEST: Mayor Charles Scoma City of North Richland Hills, Texas City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: Development Director APPROVED AS TO FORM AND LEGALITY: Attorney for the City <;.;. Ordinance 2500 Page 2 of2 From: To: Date: Subject: John, Alicia Richardson John Pitstick 8/16/00 2:17PM PZ 2000-26 The coversheet says that you received a letter from an adjacent property owner. It was not included in the back up material. Will you forward up to me, so I can put in our record copy? Thx, AR ~ve- vI} \J,. ~o, r ~'0 \ -1) l,...- '-(ól '^- J:- ~T -\-" ' \~ ~ \At-e)- ~o.~ <,.."._·M...O·.'_·H····_~'_·_'_.~..C,..,_,,'~...._._~_<_."~-"_,~~.~..H~_.___.~._ Case #: PZ 2000-26 JB & JB Development Procedure to ReSDond: As a Property Ow " , ct tract or an interested citizen, I (approve) ~and/o have the fol/owing comment . )- ':()1; (þÞéw-f 1)£ ~e1Æ_ ¿QC <J . /J1/ < , ) & -t/7¡j T£1,j--=- Print Name: \'{\ ~~()~\Q, ~cà ~ Print Address, or Lot, Slock and Subdivision: <& Id-.C; 9 ~ \' \""ð- L\~ Q. à Sign~tu~~~)orOJL Phone No. 91, 7~(tS ïZ. Direct questions and mail responses to: -6 1} / \ , Planning Department City of North Richland Hills, Texas 7301 N E Loop 820 North Rich/and Hills, TX 76180 Telephone: (817) 427.6300 Fax: (817) 427-6303 L:IProperty Owner Notiticationl-WRL0346,tmp 11/ . ... ~ g .~ ~ 0 I:) ..... cJ . ~ .'\ a <:1'1;' , .: Ì4",. III ~ ,,' .,; -. a :'d ...J ~..¡,. 'j'I' , s :':''''.w' , ~...·fJ'~ ", ~. ,It I' ~ ~ ~") ;JI ""J.~ > í:.::: It! J " ;; +" - <~g ~ I1J ~ ~ I. tJ ill ~ t> :) ~. J +' . \) :>. 0 ~ t¡ ~ ~ ~ '" .... '" ... .. I: ÓeI (I] ., ¡¡ ~ . , ¡;; ~ =~fl·,:; ~ ¿ - 'rJ_~ -?"tø':&:' 'j ;0 <11 s.. C ' II ¡:.,... .. " -0 ~ !': .; 1: v k ., s.. (} .. í.., '- . t:., ;0 ~ ~ <,J. :; ." CI! .....: It. JJ &I r; c .¡..) ti,¡ ~;~~U~'IÞ~ r. '" '1 .. J., a .. 51 ~ U I~ ' 0 ::0, ,., .,., r' q ~ '0 ~ .>..... iiJ "'" ¡ ~.:¡o.,.> . .... ..&:1 ., u. --8 41 'Ci '-' III ù ~ "'-1:- II ~ 'j ~. v; ,,) .... '\/I 'J' '" It, .-4 Cf.:.... .... ~L ''''IQ . "".....0;1\ . . j ....; ii' 011.-' .. ~ 6· '..c. '1 1IIt- " ¡. 0 l' rJ 'Cf ~ ~~ '~1. t'1 .. '" ~. !"I.!:i!. t ~ .... .' III 41 { .-' 0 -""A ,: r:: ¡: ,: ~ ~... ~ ~ -4.. "" ;1'..·, " . :~ '-; .:0;: .A '1: , ." ';' :r: (,,1/:-' ~: :.~ \ J~ .:; ~ , . ~ ~., .~ .:J ; ~'1 o~ J .~ ,. ~ " ~ \- .... ~\.J..>..,. . x. ) ~ \...\. ~~~.:~ 1JIff{Z!2'~.- ~., rlJ/~ -.!.: . ~J+ ~. \\I'~J.' ,)0.. '.~ ì,' ~\i'¡j'/ 0 : ~ : G>u>~.,t : ~/oò:~:g:i w'.... ~u.:. :: I_:oq~. ~o. .=>::,... !:?;:thi \r" :",,: 1"'1 (·<?·:!?,;·r ' ...... r. Iu,¿ I (" -',I.'¡ '4.' '" '::Z' \" <'i¡il ~~'.";~:"'Q~~JJ ... ''r~IJI 'v7P t. fl, ..,t, .'" .... tJ) 'd :-c ;.-. . ,.. ~; µ.) r: ..<. ..~ :J l' ;.- . ',I1.~ ;;~ .' j : I.~ .:/: ~3 ~: . ( --.. , . >-. ,~ .~ f\: <..) .oJ " '" ..( :,) ,~ ..... ~\ .., ...:~ ~ - ". r-J t,. c.. -, ?" (oJ ~,ì 1:1 .....") 'l. ." ~, r3 ¡... ~,£." : ~ ,'t-¡ ~: (~; ~: :.~~ c.., r.: ... ~2 'I... ... , ':-' ~, .~ , . '-' I''''" ~,.i ;...:: ,'" ,,\ .:'1 tlj W ~ J~: .~ ~~~ '.~ ff) ~ .~ ~, ;¡~1·· ,~ ~\ ~~ ~~: :L ,'\ <:. '.) . \ (at \., H' \" " ,.OÇ. -- ~ ~ ''1 '" \¡ ~ I.'T ¿ uJ ¡ ~ I r ,) I . ~ .\~ ~ \, Ir ,.,~j \\/"" \ t---·-- --~.---- I I I '8.,"¡ "1~-'-O~ 'c¡'~ZZ ;.~ '/õO N -.,....---- .-. - .- ..........- ------ ...... V1 V1 "J CIi \,T t. \-¡ '0 f'\ì L. ~ H' --.. 1<0 -9 '-,..---.... "" n. \,O\ÞI Q I '.¡) IT <Þ IJ') ".),,~ . ,4.~"'i3r.~ ~~':..~J: .~t_~__?:_~~__ ____ -- ",OJ M'Z'N .9M~/ ..:0, €Q.' '1 \1 ¿ ~ \J\ \ \ \ ~ i tI..:. Ç.t. ,L!;z -.- I I , I . ------.."...·1·----··~--.. t --.,.---. ¡ I ~-, I 2 -.---: --"P'-----,......_ 01 ~ ! " ............. .0, __ --.. ~2''''f\d """Hd~~ . ~5't S£OE C":/03 ¿".l.NÎ'OJ tit G: LJJ --r ..:::::. --4.. 'L 1:-.... co;· o -7 ~ c- :--ì L . J '::t- . .... - . '. " ..: -;. '1 ~'1 fII{"'\ ~'fl. ¡;~~J --~\ :' .~ ~ t; :.1 :.) t~ ;~ J ~ ~ (f) ~ I. :.: 'f) '-' -4 t1~ ~~. v¡ y _~.;, .~ :~(.,~~ ~:I'. ~ t,. - ,,) '.', ~ >'~ / :::, ~~ ~ ~~ (.) ~ '':: r.:: ~.~ , H 4r: ~,~ :~ c.. ~ f~'_ ':,: ::: ~. Þ,:~ ~.i f....j ~f) k ) ¡~ <.,.. ",', -4 l'" .... ,.}, r,' ), '-" 1:-;;.- ,11;-0 "..' ! r." ti ~ ..~ 11'\... ('., _" t. .¡ .... -~'.' .' ~"'I'~ -::'! « '. ~, :; .... ;' I', , ,¡u.,Æ ~ êi :;, ,-,. .~~--.¡¿¡,.~. 1::¡.4: ..\; ~ ~", ...:.. -, ,.¡ ~ 1\1 II' f-' " ~".. ~. . . ~,i .. C' ,. '.: r..> "",,_ .~ :i1 ~.! .( - ;r:.." fj ~ .. .-j',~AU' .). ", ~""'" :!:"O: '(1 ' ' , t-I, > '.' ~'.' "0.: i::'; :~~ ..~ ¡ ., C, ....\; :r. t 1. .~, ~.!. ~~ :..~.~.~. .{ to r .. µ :~. " ,'; c:; , :"; Ü., "iJ ~ ~ ? l;. '.: ~ ~. ~~.~, : C~ ~ ~ ~ ~ ~~ :;. ~,', - - - ~ t.., _ 10- :;;¡ U :;; :;¡ t; ;:.. !-< <". I:. . '" "- , -'.--- (, . -.:.,.; ~:: "- 'V') 12\- --L/) G c:-J .J /\ '--.; ---- Cr 'U ~"-.~ .' ~ ,,() v / ....... ~.\ ). ~ ',,-. '. "'; .....,. \ . .,.- ., \ ..... \,---- --. ..... riJ I ('~ ','- ". '""¡--- "'--' .' I CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 08/14/00 Subject: Public Hearing to consider the request of JB & JB DeveloÇ>- Agenda Number: PZ 2000-27 ment for a Zoning Change on a 6.91 acre tract of land out of the Stephen Richardson Survey, Abstract 1266, from AG Agricultural district to R2 Single Family Residential District. This property is located in the 8000 Block of Precinct Line Road Ordinance No. 2501 Background JB & JB Development has submitted an application to rezone 6.91 acres of land out of the Stephen Richardson Survey, Abstract 1266, from AG Agricultural tp R2 Single Family Residential District for future development of the property into a single family residential subdivision. The property is located in the 8000 Block of Precinct Line Road (behind the Cobb addition) with access from Hallmark Drive to the North. The tract will have to be platted prior to development. At this time, the property is vacant. Surrounding Future Land Uses Currently the land to the South is being used as a Manufactured Home Park and is zoned Agricultural. Land to the North is a single-family residential subdivision zoned R2. Land to the West is currently zoned R1 and is also a single-family residential subdivision. Land to the East is zoned AG Agricultural and is also being considered for rezoning at this meeting. The request for R2 is in conformance with the projected land uses outlined in the current Comprehensive Plan and the recent proposed update. Both plans indicate that the property is best suited for single family residential use. North: South: East: West: Future Land Use (Current) Low Density Residential Low Density Residential City of Hurst Low Density Residential Future Land Use (Proposed) Low Density Residential Office City of Hurst Low Density Residential Source of Funds: Bonds (GO/Rev.) Operating Budget Other - tØJ ~)¿~ Department Head Signature Finance Review Account Number Sufficient Funds Available ',- L:\Cases\PZ Cases\2000\PZ 2000-27-41 Cobb to R2.doc . . . CITY OF NORTH RICHLAND HILLS RECOMMENDATION: ~ The Planning and Zoning Commission met on Thursday, July 27, 2000 and voted 5-0 to recommend approval of PZ 2000-27 from AG Agricultural District to R2 Single Family Residential District. If the Councif determines that this rezoning is appropriate, the following motion is recommended: Approval of Ordinance Number 2501 and PZ 2000-27 for a Zoning Change from AG Agricultural District to R2 Single Family Residential District. ,.'if. 1 DocumentS CITY COUNCIL ACTION ITEM ~' Page 2 of 2 ~~'~-,._.~~-,..._"'"<-".~.~~~---~~"---_.~~-,----- r ',: fI 1. PZ-2000-27 ... ~ - a - ~ ~ 0 ¡; 4 ¡; 1.3 ¡; == ,., 15 16 ~~ 0 :=: la I. :;t2 14 -,...----~----- , t:::::: 5 :=: DR -< ~~ 10 ~ 5 12 ,7 ¡:1:2:J ¡; ¡; ¡; 5 .. fa 11 1,3 12 11 10 9 a 7 t:::::: ;; 6 ;; 11 ::c ¡ la la 7 10 ~ TR 8A ¡ ¡ :13 .. 1. 74 AC .a < SAC I < T ~ a ¡¡ 9 w DR . T1 JJ 100 I.... fa THORNBERRY DR , '1' { 1 c ª 10 ª II! 12" ~....,--..- -~ -tä;- r: oAt p4Ff{ LEJ1F ~ # "- .. .. A 7.178 C 7.025 @ - "<0 .. .. Pj{F¡{ Af'" OAj(L£- 6§ØJ JJ2 n AT _._~..__...n._._~.~..___,_~~"__".~.....,,._,_~___.._~,__.._ - -'_.-..._-.__.~--- ---~-------_.- ,--. NOTICE OF PUBLIC HEARING OF THE NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CASE #: PZ-2000-27 J8 & J8 Development Because you are a property owner within 200 feet of the subject tract of land as shown by the last City-approved tax rolls, you received this notice. If you cannot or do not wish to attend the hearing, the attached form is provided for your convenience. Purcose of Reauest: The public hearing is to consider the request of J8 & J8 Development for a for a Zoning change, from (AG) Agricultural to (R2), Single Family. The property is 6.91 acres in Tract A-1266, located in the 8000 block of Precinct Line Rd. Hearina Procedure: Plannina & Zonina Commission & City Council When: P&Z THURSDAY, July 27, 2000 CITY COUNCIL MONDAY, AUGUST 14, 2000 7:00 P.M. Time: What: PUBLIC HEARING PUBLIC HEARING - CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH R/CHLAND HILLS, TEXAS Location: Staff Presentation Applicant and Other Speakers' Presentation Public Input, Neighborhood Associations, Property Owners Within 200 feet, Interested Citizenry Questions from Planning and Zoning Commission for Applicants, City Staff and Guests Present. ;,,-;, L:\Property Owner Notificationl-WRL0346,tmp .-_. '__~_·w _ CASE #: PZ 2000-27 6.91 in A - 1266 JB & JB Development 8000 Block of Precinct Line The following property owners are listed in the 1999 Tarrant Appraisal District tax rolls. They fall with in 200 feet of the subject tract and have been notified. Majorie Kable Nash Dodd 8125 Precinct Line Rd FtVVorth, TX 76180 JB & JB Development 700 VV Harwood Rd Hurst, TX 76054 State od Texas P.O. Box 6868 Ft VVorth, TX 76115 Mary VVarren 120 Oak Leaf Dr Ft VVorth, TX 76180 Estate Custom Homes 3717 Sweetbriar Ln Bedford, TX 76021 STS Constuction P.O. Box 821336 Ft VVorth, TX 76182 Riviera Professional Builders 6600 Charleston Dr Colleyville, TX 76034 Mitcham Homes Inc P.O. Box 983 Colleyville, TX 76034 Riviera Professional Builders 2600 Briargrove Dr Hurst, TX 76054 Dennis McMillin 9104 Edgemont Dr NRH, TX 76180 Park Place Builders 1220 Brown Trail Bedford, TX 76021 Larry Chappell 437 Brookview Dr Hurst, TX 76054 L.M.C. Custom Homes 2801 Carrick Ct South lake, TX 76092 Jon & Phyllis Moore 9012 Thornberrry NRH, TX 76180 ~ -'~-'""'.~.."._'-_._~~.~--~"~.._~-_..""---"'-'~,~~-----._- 6. PZ-2000-27 PUBLIC HEARING TO CONSIDER THE REQUEST OF JB & JB DEVELOPMENT FOR A ZONING CHANGE ON A 6.91 ACRE TRACT OF LAND OUT OF THE STEPHEN RICHARDSON SURVEY, ABSTRACT 122, FROM AG AGRICULTURAL DISTRICT TO R2 SINGLE FAMILY RESIDENTIAL DISTRICT. THE PROPERTY IS LOCATED IN THE 8000 BLOCK OF PRECINCT LINE ROAD. APPROVED John Barfield came forward and addressed the commission. He explained that they were seeking the rezoning to continue the residential development to the north and to the south. Staff stated that the request does conform to the land uses outlined in the Comprehensive Land Use Plan. After discussion the Chair entertained a motion. Mr. Laubacher moved for approval. Mr. Blue seconded. The motion passed unanimously (5-0) 7. PZ-2000-28 PUBLIC HEARING TO CONSIDER THE REQUEST OF JEAN BARFIELD PROPERTIES, FAMILY LIMITED PARTNERSHIP FOR A ZONING CHANGE ON A 4.844 ACRE TRACT OF LAND OUT OF THE THOMAS PECK SURVEY, A-1209 LOCATED IN THE 8600 BLOCK OF DAVIS BOULEVARD FROM AG AGRICULTURAL DISTRICT TO C1 COMMERCIAL DISTRICT. APPROVED John Barfield came forward and addressed the commission. He explained that he was seeking the C1 (Commercial) to conform to the Comprehensive Land Use Plan, which indicates Commercial for this tract. After discussion the Chair entertained a motion. Mr. Welch moved for approval. Mr. Nehring seconded. The motion passed unanimously. (5-0) ,."., Page 3 7/27/00 P & Z Minutes - ~--.-,~-_._~--~~~~~."-.._~"~-,-_.,_.~-----..., ORDINANCE NO. 2501 AN ORDINANCE REZONING A 6.961 ACRE TRACT OF LAND OUT OF THE S. RICHARDSON SURVEY, ABSTRACT 1266 FROM AG AGRICULTURAL TO R2 SINGLE FAMILY RESIDENTIAL IN ACCORDANCE WITH ARTICLE 2, SECTION 200, OF THE CITY OF NORTH RICH LAND HILLS ZONING ORDINANCE; 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 the Zoning Ordinance 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. THAT, in Case Number PZ 2000-27, a 6.961 acre tract of land out of the S. Richardson Survey, Abstract Number 1266, located in the 8000 Block of Precinct Line Road, as shown and described in Exhibit "A", shall be rezoned from AG Agricultuaral District to R2 Single Family Residential District and, 2. THAT, 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. 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or ~nconstitutionality shall not affect any of the remaining phrases, clauses, sentences', paragraphs or sections of this ordinance, since the same would have been enacted '6y the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Ordinance 2501 Page 1 of2 ._'_....~..,._,._-~.~..._-_~~~~__"~_~._~__o>,~~>-....--__ 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL THIS 14th DAY OF AUGUST 2000. ATTEST: Mayor Charles Scoma City of North Richland Hills, Texas City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: Development Director APPROVED AS TO FORM AND LEGALITY: Attorney for the City r.;':. Ordinance 2501 Page 2 of2 ~ I..~ '. CITY OF NORTH RICHLAND HILLS "-, Department: Planning & Inspections Department Council Meeting Date: 08/14/00 Subject: Public Hearing to consider the request of Jean Barfield Agenda Number: PZ 2000-28 Properties, Family Limited Partnership, for a Zoning Change on a 4.844 acre tract of land out of the Thomas Peck Survey, Abstract 1209, located in the 8600 Block of Davis Boulevard, from AG Agricultural district to C1 Commercial District. Ordinance No. 2502 Background Jean Barfield has submitted an application to rezone 4.844 acres of land out of the Thomas Peck Survey, Abstract 1209, from AG Agricultural to C1 Commercial District for future commercial development of the site. The property is located in the 8600 Block of Davis Boulevard and has frontage onto the 8600 Block of Precinct Line Drive as well. The tract will have to be platted prior to any future development. Surrounding Future Land Uses The Comprehensive Land Use Plan indicates that this tract is best suited for commercial development. The C1 zoning is consistent with the Comprehensive Land Use Plan. As a note, all other properties surrounded by North Tarrant Parkway, Precinct Line Road, and Davis Boulevard are already zoned C1 Commercial. This is the last remaining property in this area that has not been zoned C1 Commercial. North: South: East: West: Future Land Use Current) Commercial Commercial City of Hurst Commercial Future land Use Proposed) Commercial Commercial City of Hurst Neighborhood Services RECOMMENDATION: The Planning and Zoning Commission met on Thursday, July 27,2000 and voted 5-0 to recommend approval of PZ 2000-28 from AG Agricultural District to C1 Commercial District. If the Council determines that this rezoning is appropriate, the following motion is recommended: ' Approval of Ordinance Number 2502 and PZ 2000-28 for a Zoning Change from AG Agricultural District to C1 Commercial District as requested. I"'lnance t(evlew Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds Available ~ '¡~ '-~ ~ Department Head Signature ~~DI~ Manager Si n re ',,- L:\Cases\PZ Cases\2000\PZ 2000-28-418600 Davis to C1.doc ... ~ , / '--"" TRACT 2 - J.- ª TR 11D 1.077 AC - TR 11E 1. 77 AC TR 11A 3.972 AC 10» I. ¡ I 1:'i'20"~' ~ FIT( Zo¡ I I P e: Ky ! 9! ¡ Æ TR T1A J.g 72 AC - .......... .. .......... ..l~~t~t¡~]¡nælt::::~lr~r Jrffl~~imitfllff~H¡~~~$~@ i', ..¡o.:.... . . . .. . . . . . . . . . . . . . . . . . . ":e: .............................. .... ;S'I539;'.,,='.' .::::\¡¡~äi¡¡Iii!¡~~ii¡¡i,¡iiiiiiiiili¡ ~,'~H till 1111 TR 1081 1111 i TR 10 TR 10E1 3.113 AC ~ TR 10E 3.227 AC IJO TR 108 f' PZ 2000-28 4.844 acres in Ä-1209 8600 Block of Davis ~~ ,T~2'~~ . ~~I ~ :: >',S o o r 7.0 ! ! TR laC-J 1.60 AC ,... 1 ~ TR 1 DC 1 ! .84 AC ! . I. : I I. : I I. : I ! . I 10J / I I S I .. I TR TOE2 I TR 10E .58.3 0 : 3.227 c ! I I I I TR 1001 ! .. , 1.-J81 C ~ ~ u ªOit5! C'I ~I 8 a:: :ri I = :·'.-a· ~ . 8' I · , I ~ I . N : J ª: ~! a:: c:q I , I- I. TR 100 . : , 3.1 1 a AC ~. ë! ~I r ~I \ TR 10 - = 16 17 18 19 20 R J I I / l I ':'"'........ ~ NOTICE OF PUBLIC HEARING OF THE NORTH RICH LAND HILLS PLANNING AND ZONING COMMISSION & CITY COUNCIL Because you are a property owner within 200 feet of the subject tract of land as shown by the last City-approved tax rolls, you received this notice. If you cannot or do not wish to attend the hearing, the attached form is provided for your convenience. Puroose of ReQuest: PZ-2000-28 Public hearing to request of Jean Barfield Properties, Far;nily Limited Partnership for a Zoning Change on a 4.844 acre tract of land out of the Thomas Peck Survey, A-1209located in the 8600 Block of Davis Boulevard from (AG) Agricultural District to (C1) Commercial District HearinQ Procedure: Plannina and Zonina Commission and City Council When: P&Z THURSDAY JULY 27,2000 CITY COUNCIL MONDAY AUGUST 14,2000 7:00 P.M. Time: What PUBLIC HEARING - PLANNING AND ZONING COMMISSION AND CITY COUNCIL Location: PUBLIC HEARING - CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICH LAND HILLS, TEXAS Staff Presentation Applicant and Other Speakers' Presentation Public Input, Neighborhood Associations, Property Owners Within 200 feet, Interested Citizenry Questions from Planning and Zoning Commission for Applicants, City Staff and Guests Present. /.;,~, \\NRH_ CITY _HALL2\VOL 1\DA T A\Pz\Property Owner Notification\-WRL0346.tmp.doc ~- /""-. CASE #: PZ 2000-28 4.844 in A- 1209 JB & JB Development 8600 Block of Davis Blvd The following property owners are listed in the 1999 Tarrant Appraisal District tax rolls. They fall with in 200 feet of the subject tract and have been notified. Paul Collins 1025 Sanders St Gladewater, TX 75647 JB & JB Development 700 W Harwood Rd Hurst, TX 76054 State of Texas P.O. Box 6868 Ft Worth, TX 76115 William A,nderson 8525 Davis Blvd NRH, TX 76180 EastlWest Partners 1412 Main St Dallas, TX 75202 Sandlin land Inv 5137 Davis Blvd NRH, TX 76180 USRP 5310 Harvest Hill Dallas, TX 75230 L.H. Newman Jr 8601 Davis Blvd Ft Worth, TX 76180 /.;";,, ----...--. - lwen I.lonl & IssIcl..lnc. ... 1615 Precinct Une Road Suite # 106 . Hurst, Texas 76054-3345 Phone (817) 281-3121 . Fax (817) 281-4934 July 17, 2000 Mr. Gregory W. Dickens P.E. City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76118 Re: 4.844 acres in Thomas Peck SurveyCrr,xfs /ðH110HJ...¡ )DG f 10) Proposed zoning AG to C-l Jean Barfield Properties Family Limited Partnership John W. Brfield General Partner North Richland Hills, Texas Dear Greg: As per our discussion about the Trip Generator and the need for a Traffic study for the above mentioned project. We request that the on site traffic study be delayed until the time of platting as this parcel ofland will be included with a larger portion of property and there exact use is unknown at this time. Your corporation is appreciated. PulÁ {;Ú~ ~ ~ ~~~ , ., , ~.r¡ ft~~~ '&k~ -" 7 ~_ Owen D. Long cJj~Sfr VU 7-/fJ~OD P.E¿ I ,c.;::', cc: John Barfield 6. PZ-2000-27 PUBLIC HEARING TO CONSIDER THE REQUEST OF JB & JB DEVELOPMENT FOR A ZONING CHANGE ON A 6.91 ACRE TRACT OF LAND OUT OF THE STEPHEN RICHARDSON SURVEY, ABSTRACT 122, FROM AG AGRICULTURAL DISTRICT TO R2 SINGLE FAMILY RESIDENTIAL DISTRICT. THE PROPERTY IS LOCATED IN THE 8000 BLOCK OF PRECINCT LINE ROAD. APPROVED John Barfield came forward and addressed the commission. He explained that they were seeking the rezoning to continue the residential development to the north and to the south. Staff stated that the request does conform to the land uses outlined in the Comprehensive Land Use Plan. After discussion the Chair entertained a motion. Mr. Laubacher moved for approval. Mr. Blue seconded. The motion passed unanimously (5-0) 7. PZ-2000-28 PUBLIC HEARING TO CONSIDER THE REQUEST OF JEAN BARFIELD PROPERTIES, FAMILY LIMITED PARTNERSHIP FOR A ZONING CHANGE ON A 4.844 ACRE TRACT OF LAND OUT OF THE THOMAS PECK SURVEY, A-1209 LOCATED IN THE 8600 BLOCK OF DAVIS BOULEVARD FROM AG AGRICULTURAL DISTRICT TO C1 COMMERCIAL DISTRICT. APPROVED John Barfield came forward and addressed the commission. He explained that he was seeking the C1 (Commercial) to conform to the Comprehensive Land Use Plan, which indicates Commercial for this tract. After discussion the Chair entertained a motion. Mr. Welch moved for approval. Mr. Nehring seconded. The motion passed unanimously. (5-0) /..-:. Page 3 7/27/00 P & Z Minutes ORDINANCE NO. 2502 AN ORDINANCE REZONING A 4.844 ACRE TRACT OF LAND OUT OF THE THOMAS PECK SURVEY, ABSTRACT 1209 FROM AG AGRICULTURAL TO C1 COMMERCIAL IN ACCORDANCE WITH ARTICLE 2, SECTION 200, OF THE CITY OF NORTH RICH LAND HILLS ZONING ORDINANCE; 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 Plannjng and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of the Zoning Ordinance 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. THAT, in Case Number PZ 2000-28, a 4.844 acre tract of land out of the Thomas Peck Survey, Abstract Number 1209, located in the 8600 Block of Davis Boulevard, as shown and described in Exhibit "A", shall be rezoned from AG Agricultuaral District to C1 Commercial District and, 2. THAT, 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. 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enactedþj the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Ordinance 2502 Page 1 of2 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL THIS 14th DAY OF AUGUST 2000. Mayor Charles Scoma City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: Development Director APPROVED AS TO FORM AND LEGALITY: Attorney for the City /,';f. Ordinance 2502 Page 2 of2 .. '- ~ CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 08/14/00 Subject: Public Hearing to consider the request of Keith and Kimberly Agenda Number: PZ 2000-30 Ivy, represented by Ernest Hedgcoth, for a Zoning Change on a 5.76 acre tract of land out of the Oziah Rumfield Survey, A-1365 located at the Southwest corner of Rumfield Road and Spring Oak Drive, from AG Agricultural District to R2 Single Family Residential District. Ordinance No. 2503 Background Keith and Kimberly Ivy have authorized Ernest Hedgcoth to represent them in this request for rezoning. Their request is to rezone 5.76 acres of land out of the Oziah Rumfield Survey, Abstract 1365, .from AG Agricultural to R2 Single Family Residential District for future subdivision of the property into single family lots. The property is located at the Southwest corner of Rumfield Road and Spring Oak Drive. Surrounding Future Land Uses The Comprehensive Land Use Plan indicates that this tract is best suited for residential development. The R2 zoning is consistent with the Comprehensive Land Use Plan. Land to the South and West is zoned R2. Land across Rumfield to the North is zoned AG Agricultural. Land Across Spring Oak is zoned C 1 Commercial. North: South: East: West: Future Land Use (Current) Low Density Residential Low Density Residential Low Density Residential Low Density Residential Future Land Use (Proposed) Low Density Residential Low Density Residential Neighborhood Services Low Density Residential Source of Funds: Bonds (GO/Rev.) Operating Budget Other - øJ .~~ Finance Review Account Number Sufficient Funds Available Finance Director Department Head Signature ~~ L:\Cases\PZ Cases\2000\PZ 2000-30-41 Rumfield SpringOak.doc ~' CITY OF NORTH RICHLAND HILLS RECOMMENDATION: The Planning and Zoning Commission met on Thursday, July 27, 2000 and voted 5-0 to recommend approval of PZ 2000-30 from AG Agricultural District to R2 Single Family Residential District. If the Council determines that this rezoning is appropriate, the following motion is recommended: Approval of Ordinance Number 2503 and PZ 2000-30 for a Zoning Change from AG Agricultural District to R2 Single Family Residential District. .. ...~ ì ~' CITY COUNCIL ACTION ITEM DocumentS Page 2 of2 II! .. TR 15A5 15.753 AC = - I. TR15A3A 2.0 AC TR 1BA3 a 1.09 AC TR 1 BAa ~ . .. ;; ~ _I PZ-2000-30 Royal Addition U1.CII TR 1 5A4 5.0 AC TR 18A9 ,..,..........- 1274 ¡.¡; )( 18 7 < « 19 « « en N TR 1 ! ~ 8900 6 1.6926 AC < <:J X X ~ 16 cr 1S 14 5 < ~ X t- < Z» )12 - -------------- IØ < @ < I' I' I' < x TR 1K 3 1.00 AC < 11 2 < :f_ 9R \ 7.. 7.. 8 lOR 2R !! 3R ~ 7' 7. CIR 7 8 NOTICE OF PUBLIC HEARING OF THE NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Because you are a property owner within 200 feet of the subject tract of land as shown by the last City-approved tax rolls, you received this notice. If you cannot or do not wish to attend the hearing, the attached form is provided for your convenience. Purpose of ReQuest: PZ-2000-30 Public hearing to consider the request of Keith and Kimberly Ivy, represented by Emest Hedgcoth, for a Zoning Change on a 6.15 acre tract of land out of the Oziah Rumfield Survey, A-1365 at the Southwest comer of Rumfield Road and Spring Oak Drive, from (AG) Agricultural to (R2) Single Family Residential. When: HearinQ Procedure: PlanninQ & ZoninQ Commission & City Council Time: What: Location: Staff Presentation P&Z THURSDAY JULY 27, CITY COUNCIL MONDAY, AUGUST 14, 2000 7:00 P.M. PUBLIC HEARING - PLANNING AND ZONING COMMISSION AND CITY COUNCIL PUBLIC HEARING· CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS Applicant and Other Speakers' Presentation Public Input, Neighborhood Associations, Property Owners Within 200 feet, Interested Citizenry Questions from Planning and Zoning Commission for Applicants, City Staff and Guests Present. /:;-.;. L:\Property Owner Notification\-WRL0346.tmp.doc _ _"~~ _"_.M'.~~~..'~."""""'''''___~~-::~_. '. ---- ~._._.- ~_.. - CASE #: PZ-2000-30 6.15 acre in A-1365 Royal Addition The following property owners are listed in the 1999 Tarrant Appraisal District tax rolls. They fall with in 200 feet of the subject tract and have been notified. John & Marie Pugh 7037 Spanish Oaks Dr NRH, TX 76180 James & Linda Godsey 7033 Spanish Oaks Dr NRH, TX 76180 Melinda Johnson 7029 Spanish Oaks Dr NRH, TX 76180 Vernon & Nancy Franklin 7009 Spánish Oaks Dr NRH, TX 76180 Jacqueline Elam 7000 Crane Rd NRH, TX 76180 Mark & Terry Foster 7004 Crane Rd NRH, TX 76180 Wesley & Cheryl Neely 7008 Crane Rd NRH, TX 76180 Charles & Robin Krueger 7017 Lonesome Oaks Dr NRH, TX 76180 Richard Reinsch 7013 Lonesome Dr NRH, TX 76180 William Goode 7005 Lonesome Dr NRH, TX 76180 Deborah Ashford 7001 Lonesome Dr NRH, TX 76180 Kenneth Whitley 700 HarNood Rd Hurst, TX 76180 Mark & Kimie Lishman 7321 Fallen Oak Dr NRH, TX 76180 John & Mary Reynolds 9005 Hialeah Circle NRH, TX 76180 David & Tiffany Tweedy 9009 Hialeah Circle NRH, TX 76180 Deguire and Co 189 W HarNood Rd Hurst, TX 76180 Susan Adkins 9105 Hialeah Circle NRH, TX 76180 Frank & Carolyn Maddox 9109 Hialeah Circle NRH, TX 76180 Janet Lowrance 9113 Hialeah Circle NRH, TX 76180 Matthew & Elisa Eiserloh 9117 Hialeah Circle ,:NRH, TX 76180 Tuan & Anna Nguyen 9121 Hialeah Circle NRH, TX 76180 .~.;~, Anthony & Sonya Diaz 9125 Hialeah Circle NRH, TX 76180 Joel & Shonna Nelson 9120 Hialeah Circle NRH, TX 76180 Fred & Cheryl Gassaway 9120 Hialeah Circle NRH, TX 76180 Matthew & Laurie Murray 7320 Fallen Oak Dr NRH, TX 76180 Vernon & Brenda Jackson 9125 Rumfield Dr NRH, TX 76180 Gary & Brenda Bishop 7401 Bursey Rd Ft Worth, TX 76180 Thomas Harris 2211 Winter Sunday Way Arlington, TX 76180 Kenneth & Leslie Sumrall 9112 Hialeah Circle NRH, TX 76180 Walter & Arlene Kennedy 7316 Fallen Oak Dr NRH, TX 76180 James & Linda Pierson 9000 Kirk Ln NRH, TX 76180 Robert & Katrina Matson 8016 Valley Dr Ft Worth, TX 76180 George Brooks 8008 Valley Dr FtWorth, TX 76180 ...,"-;, ERNEST HEDGCOTH Consulting Engineers. Inc. PLANNING · DESIGN · ENGINEERING July 18, 2000 John Pitstick CITY OF NORTH RICH LAND HILLS 7301 N. E. Loop 820 North Richland Hills, TX 76180 RE: Trip Generation Data Form for Rezoning Request of Royal Addition from AG to R2 PZ2000- 30 Dear Mr. Pitstick: It is our understanding that the City has passed an ordinance requiring a Trip Generation Data Form to be submitted with all applications for rezoning and platting. We are requesting that the Trip Generation Data Form be waived for this particular project in the rezoning phase with the understanding that we will submit a Trip Generation Data Form when the plat is submitted. If you have any questions please contact us at 817-831-7711. Sincerely, ~1J~';1/7~ r Ernest Hedgcoth, P. . EH/ss ~. ...... 5701-C Midway Road Fort Worth. Texas 76117 817-831 -7711 __ _ N·_·__..~____~~__.,.~_____~~__",~ 8. PZ-2000-30 PUBLIC HEARING TO CONSIDER THE REQUEST OF KEITH AND KIMBERLY IVY, REPRESENTED BY ERNEST HEDGCOTH, FOR A ZONING CHANGE ON A 6.15 ACRE TRACT OF LAND OUT OF THE OZIAH RUMFIELD SURVEY, A1365 LOCATED AT THE SOUTHWEST CORNER OF RUMFIELD ROAD AND SPRING OAK DRIVE, FROM AG AGRICULTURAL DISTRICT TO R2 SINGLE FAMILY RESIDENTIAL APPROVED Ernest Hedgcoth came forward and addressed the commission. He explained that he was representing the owners in their request to rezone 6.15 acres from AG (Agricultural) to R2 (Residential). He stated that they wanted the zoning change to be able to continue the residential development from the south. After discussion, the Chair entertained a motion. Mr. Nehring moved for approval. Mr. Blue seconded. The motion carried by a vote of 5-0. 9. CITIZEN COMMENTS There were none. 10. MISCELLANEOUS REPORTS & DISCUSSION There were none Having no additional business to conduct the meeting adjourned at 7:45 p.m. Chairman Secretary Don Bowen Ted Nehring Page 4 7/27/00 P & Z Minutes ORDINANCE NO. 2503 AN ORDINANCE REZONING A 5.76 ACRE TRACT OF LAND OUT OF THE G. RUMFIELD SURVEY, ABSTRACT 1365 FROM AG AGRICULTURAL TO R2 SINGLE FAMILY RESIDENTIAL IN ACCORDANCE WITH ARTICLE 2, SECTION 200, OF THE CITY OF NORTH RICHLAND HILLS ZONING ORDINANCE; 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 the Zoning Ordinance 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 RICH LAND HILLS, TEXAS: 1. THAT, in Case Number PZ 2000-30, a 5.76 acre tract of land out of the G. Rumfield Survey, Abstract Number 1365, located at the Southwest corner of Rumfield Road and Spring Oak Drive, as described in Exhibit "A", and shown in Exhibit "B", shall be rezoned from AG Agricultural District to R2 Single Family Residential District and, 2. THAT, 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. 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences\ paragraphs or sections of this ordinance, since the same would have been enacted by' the City Council without the incorporation in this ordinance of any such invalid or ú'/'lconstitutional phrase, clause, sentence, paragraph or section. Ordinance 2503 Page 1 of2 "~'_'__'__'_M'__"'__'">"____"__'__~_~__ 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL THIS 14th DAY OF AUGUST 2000. Mayor Charles Scoma City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: Development Director APPROVED AS TO FORM AND LEGALITY: Attorney for the City ,\~~. Ordinance 2503 Page 2 of2 -"~.-~._._.."._~---,._~_._-".-----,,--- EXHIBIT "A" Being a tract of land situated in the G. RUMFIELD SURVEY, ABSTRACT NUMBER 1365, City of North Richland Hills, Tarrant County, Texas and being that tract of land described in a deed to Keith Ivy, Jr. and Kimberly Bivins Ivy and recorded in Volume 12997, Page 395, of the Deed Records of Tarrant County, Texas. SA VE and EXCEP T that portion of land described in a deed to the City of North Richland Hilles, Texas as recorded in Volume 13180, Page 296 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: COMMENCING at an iron pin found for the northeast corner of said Ivy tract; Said iron pin lying by deed call 357.22 varas west of the northeast corner of said RUMFlELD SURVEY; Thence South 01"18'15" East a distance of 92.15 feet along the east line of said Ivy tract to an "X" cut in concrete for the southwest corner of said City of North Richland Hills tract and for the POINT OF BEGINNING of the herein described tract: THENCE South 01"18'15" East, a distance of 471.63 feet to an iron pin found for the southeast corner of said Ivy tract, from which an iron pin found bears 1.7 feet. North 20'28' West; THENCE South 88'51'44" West, at 452.6 feet passing 0.8 of a foot north of an iron pin found, in all a total distance of 475.83 feet to a 40d nail found for the southwest corner of said Ivy tract; \ THENCE North 01"17'02" West, at 357.0 feet passing 0.14 of a foot east of an iron found, in all a total distance of 546.68 feet along the west line of said Ivy tract to a 5/8" iron pin found for the southwest corner of said City of North Richland Hills tract; THENCE South 89·41'01" East, a distance of 160.93 feet along the south line of said City of North Richland Hills tract to the beginning of a curve, concave to the south, having a radius of 765.00 feet, and a long chord which bears 322.87 feet, South 78 '26'27"East; THENCE in an easterly direction, continuing along the south line of said City of North Richland Hills tract and along said curve, passing through a central angle of 24·21'54", a distance of 325.31 feet to the POINT OF BEGINNING and containing 5.76 acres of land, more or less (250,905.6 sq. ft.) and designated os the Royal Addition on addition to the City of North Richland Hills, Tarrant County, Texas. The easements indicated on this Plot are for the purposes of constructing, using, and maintaining public utilities and streets. Including, but not limited to underground conduits, manholes, access points, pipes, valves, posts. above ground cables, wires and/or combinations threrof together with the right of ingress and egress. /.;--:-- CITY OF NORTH RICHLAND HILLS Department: Millennium Committee Council Meeting Date: 8/14/00 Subject: Millennium Committee Final Report and Recommendations Agenda Number: GN 2QØO-085 The Millennium Committee offers this final report with recommendations to the Mayor and City Council regarding millennium activities for the current year. The committee has also looked ahead and recommended some goals for continued celebration of the new millennium and how we might share that celebration with our citizens. Current Year Recommendations As a primary focus for this current year, the committee has recommended improving and expanding our Christmas festivities to include: , . City Hall Because of limited open space fronting City Hall, it is recommended that a specific Christmas theme be created on top of City Hall. The holiday scenes will be visible to the thousands of people driving on Loop 820 as they make their way through our city. Approximately 6-8 scenes outlined with a multitude of colorful lights will be placed on the roof to tell a Christmas story or create a mood that can either be funny, nostalgic or traditional. The city has an opportunity to create something totally unique, something that will set us a part from our neighbors. Each year, additional scenes can be added to the "rooftop story" that will sustain interest, curiosity and build anticipation. In addition, the committee recommends creating a 30' Tree of Lights on the existing flagpole in front of the Police Department, which will compliment the rooftop display. Together, with the existing City Hall lights, the rooftop scenes and the 30-foot Tree of Lights, the city will make a lasting impression for the holiday season. . Tree Lighting Ceremony In the spirit of tradition, the committee recommends keeping the Tree Lighting Ceremony on the west side of the library until such time the event can be moved to a better location. It is recommended that funds be allocated to "spruce up" (pun intended) the tree with additional lights and add lights to the surrounding smaller trees to create an enhanced holiday atmosphere. In addition, it is suggested that the staging area be relocated near the Christmas Tree and that the entertainment be expanded to include a Symphony Quartet, a Church Bell choir, Victorian Carolers, Storytellers, and candle light processional. '--- Source of Funds: Bonds (GO/Rev.) Operating Budget Other ¿~?HÇ£ Finance Review Account Number Sufficient Funds Avai a e Budget Director Page 1 of 3 r CITY OF NORTH RICHLAND HILLS . Reception Introducing the NRH Digital Photographic Archive In addition to the expanded Christmas festivities, the NRH Library proposes to hold a reception in October to introduce its collection of historic digital photographs on the ' World Wide Web. With assistance of a grant from the North Texas Regional Library System, the Library has begun a project to catalog a collection of historic photos documenting the history of our city and make the images available on the Internet. The project will provide easy public access to archival quality digital images of the people and places in our history. Estimated cost: $1,500 City Hall · Six- eight lighted Christmas scenes on rooftop · Tree of Lights using 30' flagpole · Dickey Electric (currently being spent) Total Expenses $2,500 $2,500 $3,500 58.500 Tree Lighting Ceremony · Decorate Christmas Tree (additional lights & installation) · Decorate 8 surrounding trees (Includes lights, cable, speed bumps, installation) · Four lighted theme characters from City Hall rooftop · Entertainment/stage decorations Total Tree Lighting $1,000 $5,000 $1,000 $3,000 510.000 ~Ü(~lf!~j:ø:~1:im! ': 0' -FV'~¡~.:;(oI~(!l;!;~3mr~}:~ "j¡;L;,,^Cvø'[~, .~~ - ' ~ ...... '-;f' ;,)"w ~ o·.~-.:::!:'::.: :';::>':_"-"~~v<".:O:·<:"":-J.:~' ~'. ' < ' '- "",., . " ' " ",-,,, ""'" *' . z-i') fé j City Hall Maintenance/Electric (currently being spent) Additional characters for rooftop Upkeep and maintenance of all characters Total City Hall $3,500 $1,000 $2,000 $6,500 Tree Lighting Ceremony Tree Lighting electrical work/installation Ceremony, Entertainment Total Tree Lighting Ceremony $3,000 $3,000 $6,000 ~a6$eùëna~ãP~- ~~Y~~~~w~g~"'.x"Ki£"";;i;.<>.<lliiIIt~.",,l!£i!i{k"'"'\m::~~~:I:!5F. ,~ CITY COUNCIL ACTION ITEM Page 2 of 3 ? CITY OF NORTH RICHLAND HILLS '-- Future Events · Program of Public Art The committee recommends the establishment of a Public Art Program in North Richland Hills. A few cities in northeast Tarrant County already have such a program in place. It is estimated that a commissioned piece of public art will average approximately $75,000. · Cultural Arts Program With the addition of the city's new Cultural Arts Program Coordinator, Council has already presented a millennium gift to our citizens. There are many exciting programs in the works including the production of "Always... Patsy Cline" slated for October or November. In addition, staff is working on a Spring Outdoor Concert Series and a professional Performing Arts Series. · Signature Festival After the completion of Town Center, the committee recommends the possible development of a signature festival unique to northeast Tarrant County. Some suggestions for a theme may be a Sudden Sculpture Art theme and or a native Texas music theme. Recommendation: ."- To approve the recommendations of the Millennium Committee as stated above. CITY COUNCIL ACTION ITEM Page 3 of 3 CITY OF NORTH RICHLAND HILLS Department: Budget & Research Council Meeting Date: 8/14/00 Subject: Setting Date for Public Hearings for 2000-2001 City Budget Agenda Number: GN 2000-086 Parks and Recreation Development Corporation And Crime Control District Budgets It is necessary for City Council to set public hearings on the proposed 2000-2001 City Budget, proposed projects and operations of the Park and Recreation Facilities Development Corporation, and the Crime Control and Prevention District Budget. A published notice will be required for each public hearing as per the City Charter and State law. The exact wording for each notice accompanies this cover sheet. Each hearing is set for August 28, 2000 beginning at 6: 15 p.m. for the Crime Control and Prevention District, 6:30 p.m. for the Park Corporations, and 7:00 p.m. for the City Budget. Recommendation: To set the date for the public hearings on the Crime Control and Prevention District at 6:15 p.m., the Park Development Budget at 6:30 p.m., and the annual City Budget at 7:00 p.m. on August 28, 2000. Finance Review Account Number Sufficient Funds Available Source of Funds: 4è NOTICE OF PUBLIC HEARING ON 2000-2001 PROPOSED ANNUAL BUDGET NORTH RICH LAND HILLS CRIME CONTROL AND PREVENTION DISTRICT NOTICE IS HEREBY GIVEN that a public hearing is to be held by the Board of Directors of the North Richland Hills Crime Control and Prevention District on the 2000-2001 proposed annual budget during the meeting to be held at 6:15 p.m. on August 28, 2000 at the North Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas. The proposed budget is available for review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. NOTICE OF PUBLIC HEARING ON PROJECTS TO BE UNDERTAKEN BY NORTH RICHLAND HILLS PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION NOTICE IS HEREBY GIVEN that a public hearing is to be held by the Board of Directors of the North Richland Hills Park and Recreation Facilities Development Corporation during a meeting to be held at 6:30 p.m. on August 28, 2000 at the North Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas, on the Corporation funding and undertaking projects involving improvements and renovations to neighborhood and community parks (including, but not limited to, future park acquisition, the construction of baseball and softball fields, neighborhood parks, building of hike and bike trails, the operations of the tennis center and the expenditure of funds to pay operating costs of City owned projects undertaken by the Corporation.) A more detailed description of the projects to be undertaken by the Corporation covered by this notice is available for review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. NOTICE OF PUBLIC HEARING 2000-2001 PROPOSED ANNUAL BUDGET NOTICE IS HEREBY GIVEN to all interested citizens in the City of North Richland Hills, that the City Council will hold a public hearing on the 2000-2001 proposed annual budget on Monday, August 28, 2000 during the regular 7:00 p.m. City Council meeting at the North Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas. The proposed budget is available for review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. CITY OF NORTH RICHLAND HILLS Department: Budget & Research Council Meeting Date: 8/14/00 Subject: Record Vote on Proposed Tax Rate and Setting of Agenda Number: GN 2QQO-087 Public Hearing In follow up to the 2000-2001 Budget Work Session, it is necessary to begin the notice and hearing procedures to establish a tax rate and approve the budget for the next fiscal year in accordance to the City's Charter and State law. The Council's consensus was to set the tax rate for next fiscal year at 57¢, which is the same tax rate as the current year. If approved, this will be the eighth consecutive year for the 57 ¢ tax rate. The tax rate would be divided as follows: Debt Service Maintenance and Operations 23.8359¢ 33.1641¢ Per Senate Bill 841, a taxing unit must hold a public hearing to impose an amount of property taxes that exceeds the rollback rate or 103 percent of the effective tax rate, whichever is lower. The State notice requirements regarding the tax rate calculations are somewhat misleading to the public, but nevertheless, we must comply with them. If a business or residence has not increased in its appraisal value, the 57¢ rate means no change in taxes. Some properties decreased in value, therefore, taxes will decrease. Some properties increased in value, therefore, taxes will increase. Additionally, new construction added to the property tax base and the notice provisions do not speak to this. The average homestead increased from $93,484 to $99,899, and using this as required by law in the notice, the average homestead would increase by 6.86% or $36.56 annually in taxes. State law further requires a record vote be taken by Council, concerning the proposed tax rate and that Council schedule a public hearing on the proposed rate. The results of the vote will be published in the "Fort Worth Star Telegram" as a quarter page "Notice of Public Hearing on Tax Increase." A copy of the notice accompanies this cover sheet. Because of strict timing requirements that are also mandated by State law it is recommended to Council that the notice be published on Monday, August 21 and the public hearing be . Source of Funds: Bonds (GO/Rev.) Operating Budget ,Other _ ~t¿ Department Head Signature Finance Review Account Number Sufficient Funds Available ~I CITY OF NORTH RICH LAND HILLS scheduled for Monday, August 28 at 7:00 p.m. Staff proposes to publish an accompanying explanation of the notice. This explanation would appear on the same page as the notice (not as part of the notice) and would explain that the tax rate has not increased in eight years. It will also mention the senior citizen and disabled person exemptions being increased by 9% to $35,000. Formal adoption of the budget and tax rate ordinances for next year will be done at the September 11 Council meeting after the August 28 public hearing on the tax rate. Recommendation: That a record vote be taken concerning the proposed tax rate of 57 ¢ and set a public hearing on the tax rate for 7:00 p.m. on August 28, 2000. CITY COUNCIL ACTION ITEM __.__,_~~~.____'___'__N~_d_'__~_·______'_~<_~___~·_ Explanation of Notice Below The City of North Richland Hills is proposing a 57é tax rate for the coming fiscal year. The City has maintained this same 57é tax rate for eight consecutive years. In the coming year the Council has approved an increase of the senior citizen/disabled person tax exemptions from $32,000 to $35.000 which is a 9% increase in the exemption. The Notice below is required by the State of Texas to be published regarding the tax rate and property taxes because of increases in overall taxable values as of January 1,2000. The City Council and management of the City of North Richland Hills are proud of the progress we have made while demonstrating sound financial management of our Citizens' tax dollars. _._._,_~__w__,.~_~__·-.-·-,~~·_,·___"·_···_·_~~-~___··.-..--.,-.-.----+--..--,-~~------.- Notice of Public Hearing on Tax Increase The City of North Richland Hills will hold a public hearing on a proposal to increase total tax revenues from properties on the tax roll by 9.2 percent. Your individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in the taxable value of your property in relation to the change in taxable value of all other property and the tax rate that is adopted. The public hearing will be held on August 28,2000 at 7:00 PM at 7301 NE Loop 820, City Council Chambers, City of North Richland Hills, Texas. FOR the proposal: AGAINST the proposal: PRESENT and not voting: ABSENT and not voting: The following table compares taxes on an average home in this taxing unit last year to taxes proposed on the average home this year. Again, your individual taxes may be higher or lower, depending on the taxable value of your property. Last Year Average residence homestead value $93,484 General exemptions available $14,023 (amount available on the average homestead, not including senior citizen's or disabled person's exemptions) This Year $99,899 $14,985 Average taxable value Tax rate Tax $79,461 0.570000 $452.93 $84,914 0.570000 $484.01 Under this proposal, taxes on the average homestead would increase by $31.08 or 6.86 percent compared with last year's taxes. Comparing tax rates without adjusting for changes in property value, the tax rate would increase by $0.00 per $100 of taxable value or 0.00 percent compared to last year's tax rate. These tax rate figures are not adjusted for changes in the taxable value of property. _..<'-~"------^'------"---_.'~'--'-~------~~-'~."--'..-.._"_.~-....__.__.,.~ Notice of Vote on Tax Rate The City of North Richland Hills conducted a public hearing on a proposal to increase the total tax revenues of the City of North Richland Hills from properties on the tax roll in the preceding year by 9.2 % percent on Monday, August 28, 2000, 7 :00 PM. The City of North Richland Hills is scheduled to vote on the tax rate that will result in that tax increase at a public meeting to be held on Monday, September 11,2000, at 7:00 PM at 7301 NE Loop 820, City Council Chambers, City of North Richland Hills, Texas CITY OF NORTH RICHLAND HILLS \. Department: Administration Council Meeting Date: 08/14/00 Subject: Resolution to Submit to the Texas Municipal LeaQue Agenda Number: GN 2000-088 Regarding State Highway Traffic Signal Maintenance Population - Resolution No. 2000-062 The Texas Department of Transportation (TxDOT) currently installs, maintains, and operates all traffic signal systems on TxDOT maintained roads and highways for all cities with less than 50,000 population. This arrangement has worked well until the rapid growth has taken place in Texas over the last few years. In all metropolitan areas there is a movement to connect and interconnect traffic signal systems to provide for easier and freer flow of vehicular traffic. This movement is usually coordinated by the largest metropolitan city and TxDOT. Most urban metropolitan cities of less than 100,000 have TxDOT maintained roads traversing them and need to be coordinated on a regional basis. With the advent of signal preemption systems, a new and important aspect of coordination is involved. Many cities between 50,000 and 100,000 population levels do not have the resources available to support these complex integrated traffic signal systems. The City of North Richland Hills is requesting TML to support the need to have traffic signals installation and maintenance on TxDOT maintained roads and highways for all cities less than 100,000 be the responsibility of TxDOT. In the past the Texas Public Works Association has also supported this effort. What the resolutions intends to accomplish. This resolution is intended to assign the responsibility for all cost of traffic signal and traffic signal preemption systems installation, operation, and maintenance on TXDOT maintained roads and highways for all cities with less than 100,000 population to TxDOT. It is important that this be done from perspectives of budget management from many of these smaller cities in Texas and the importance of traffic signal coordination between these various cities. Furthermore this item acts as an unfunded mandate on Texas cities and affects their ability to maintain the systems in a proper manner. Recommendation: Approve Resolution No. 2000-062 requesting TML support of the Highway Traffic Signal Maintenance by TxDOT for cities under 100,000 population. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds AvallaOle Finance Director Page 1 of RESOLUTION NO. 2000-062 A RESOLUTION EXPRESSING THE DESIRE TO CHANGE THE POLICY OF THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) FOR CITIES TO INSTALL, MAINTAIN, AND OPERATE TRAFFIC SIGNALS WITHIN THEIR CORPORATE LIMITS TO CITIES WITH POPULATIONS OF 100,000 OR GREATER WHEREAS, the current state policy regarding the installation, maintenance, and operation of traffic signals on the state highway system in incorporated cities of less than 50,000 population calls for the Texas Department of Transportation (TxDOT) to be responsible for such duties when requested by the city council, mayor, or city manager; and WHEREAS, such policy forces moderately-sized cities to face exponential leaps in the quantity of traffic signals they will have to assume responsibility for maintaining and operating; and WHEREAS, it has been determined by TML that it is more appropriate for TxDOT to own, operate, and maintain traffic signals and associated devices on roadway facilities within the corporate city limits until such city reaches a population of 100,000 or more when the city will have enough resources to handle such an increase in responsibility; and WHEREAS, the costs associated with said transfer will be a large burden on such cities; NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2000 Annual Conference of the Texas Municipal League that the League express its support for a change in state policy to set the population levels at less than 100,000 for incorporated cities for which the Texas Department of Transportation installs, maintains, and operates traffic signals upon request by the city council, mayor, or city manager. PASS and APPROVED this 14th day of August, 2000. APPROVED: Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary 1 APPROVED AS TO FORM AND LEGALITY: Rex McEntire - City Attorney APPROVED AS TO CONTENT: Greg Vick - Managing Director of Community Services and Facilities 2 CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 10/13/97 R~::¡ulution Supporting TxuO I I rattlc Signal Policy Change - Resolution No. 97-47 Agenda Number: GN 97-11 R Subject: The Texas Department of Transportation's (TxDOT) policy states they will install, maintain, and operate traffic signals for cities with a population of less than 50,000 (latest federal census). A proposal is being submitted to TxDOT requesting the population level be changed to include those cities with a population of less than 100,000. Such a change would be beneficial for cities that currently have populations between 50,000 and 99,999, since it would transfer maintenance responsibility back to the State. This will impact North Richland Hills in the next federal census. Resolution No. 97-47 requests the Texas Department of Transportation change its policy on installing, maintaining, and operating traffic signals to include cities with a population of 100,000 or less. Recommendation: It is recommended Council approve Resolution No. 97-47. Finance Review Acct. Number Sufficient Funds Available Finance Oit.Clor Page 1 of ..-. ......."..~-----~~..,._.---- RESOLUTION NO. 97-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS , TEXAS EXPRESSING ITS DESIRE TO CHANGE THE POLICY OF THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) FOR CITIES TO INSTALL, MAINTAIN, AND OPERATE TRAFFIC SIGNALS WITHIN THEIR CORPORATE LIMITS TO CITIES WITH A POPULATION OF 100,000 OR LESS. WHEREAS, the current state policy regarding the installation, maintenance, and operation of traffic signals on the state highway system in incorporated cities of less than 50,000 population calls for Texas Department of Transportation (TxDOT) to be responsible for such duties when requested by the city council, mayor or city manager; and WHEREAS, such policy forces moderately sized cities to face exponential leaps in the quantity of traffic signals they will have to assume responsibility for maintaining and operating: and WHEREAS, it has been determined by City Council that it is more appropriate for TxDOT to own, operate, and maintain traffic signals and associated devices on roadway facilities within the corporate city limits until such city reaches a population of 100,000 or more when cities will have enough resources to handle such an increase in responsibility; and WHEREAS, the costs associated with said transfer will be a large burden on such cities; now therefore BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. That the facts and recitations set forth in the preamble of this resolution are hereby found to be true and correct. Section 2. That the City Council of the City of North Richland Hills, Texas, hereby expresses it support that the state policy be changed to set the population levels at less than 100,000 for incorporated cities for which the Texas Department of Transportation installs, maintains, and operates traffic signals upon request by the city council, mayor, or city manager. ~~ 't _..__.._.._-~.~~-~.__..~....- Section 3. That the City Council of the City of North Richland Hills, Texas, hereby authorizes the City Manager and City Secretary or their designees to notify the Texas Municipal League and pertinent legislators of the City of North Richland Hills' position on this topic and to take any and all other appropriate measures to register the City of North Richland Hills' desire to effect this change. PASSED BY THE CITY COUNCIL this the13th day of October 1997 c APPROVED: L ~~~~ T ommy ~own ayor ATTEST: Øaúllv¡ ;Iý~ Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 8/14/00 PW 2000-027 Agenda Number: Subject: Approve ChanQe Order No. 1 for Johnson Ground Storage Tank Repainting and Rehabilitation/2000 in the Amount of $27,093.00 In the process of removing the existing paint from the inside of this tank, the contractor has encountered old lead-based primer. The old primer was to have been removed in 1983 when the tank was repainted. Apparently, inspection by city forces at that time was not sufficient to assure this was done. The old primer is only on the upper third of the tank and the roof. Paint chips were tested and showed the paint to have a 20.3% concentration level. The contractor has submitted a change order to remove and dispose of all the lead-base primer in accordance with federal and state law. The laws cover protecting the workers and the public from lead contamination. Change Order No.1 is for $27.093.00 and adds 20 days to the bid time. The total contract amount after addition of the change order is added is ,$148.284.00. The original construction budget for this project was $370,000. Sufficient funds are available to cover this change order cost. Recommendation: To approve Change Order No.1 with Corrosion Eliminator, Inc. in the amount of $27,093.00 and with an additional 20 calendar days. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number 02-23-20-6000 Sufficie t Funds AvallaDle Page 1 of_ ø K-E-F NO. 3-584 CHANGE ORDER NO. --L TO THE CONTRACT WHICH WAS DATED JULY 10.2000 Between THE CITY OF NORTH RICHLAND HILLS , (OWNER) And CORROSION ELIMINATORS. INe. , (CONTRACTOR) For JOHNSON TANK REHABILIT A nON AND REPAINTING. 2000 Pursuant to the provisions of Section 6 of the General Conditions of the Contract, this Change Order, when fully executed, shall constitute the authority to change the work of the Project as follows: This change order covers all the Contractor's extra costs for removal, containment, and disposal of lead- based paint materials located under the existing paint coating on portions of the tank interior surfaces, in accordance with TNRCC lead abatement requirements. The Change Order cost also covers a workers lead protection program including lab reports, medical reports, TNRCC notifications and certifications, waste manifests, and all other applicable lead abatement regulations and requirements. Add to the Contract new Pay Item No. 21, "Lead Abatement Program", for the Lump Sum amount of $27,093.00, which item shall provide total compensation to the Contractor for the Lead Abatement Program in accordance wÍth the attached Lead Abatement specifications. The Contract is modified as follows: Original Contract......................................................... $ 121,191.00 Previous Change Orders ................................................. 0.00 This Change Order No.1............... .... ... .... .... ... ......... ...... 27.093.00 Total Contract Amount Including Change Orders .............. ..... $ 148,284.00 Contract time will be increased from 80 to 100 calendar days because of this change. CONTRACTOR'S OFFER OF PROPOSED CHANGE: By: ~ðW-Date: Ocey G. Dé.w i _ ENGINEER'S RECOMMENDA nON OF ACCEPTANCE: BY:~{ ~ August 2, 2000 Date: <¡ - if, .- tnJ OWNER'S ACCEPTANCE OF CHANGE: By: Date: · KNOWLTON-ENGLlSH-FLOWERS, INC. CONSULTING ENGINEERS I Fort Worth-Dallas August3,2000 Mr. Gregory W. Dickens, P.E., Director of Public WOrks City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-584, CITY OF NORTH RICHLAND HILLS JOHNSON GROUND STORAGE TANK, REPAINTING AND REHABILlTA TION, 2000 CHANGE ORDER NO.1, LEAD ABATEMENT PROGRAM Attached is proposed Change Order No. 1 to the referenced project which covers all the Contractor's extra costs for removal, containment, and disposal of lead-based paint materials located under the existing paint coating on portions of the tank interior surfaces, in accordance with TNRCC lead abatement requirements. The Change Order cost also covers a workers lead protection program including lab reports, medical reports, TNRCC notifications and certifications, waste manifests, and all other applicable lead abatement regulations and requirements. The current contract does not include a lead abatement program because the existing coating systems do not contain any lead or other contaminants. However. initial sandblasting of the interior surface by the contractor revealed the presence of an old layer of original lead-based primer under portions of the existing tank coating which was not properly removed by the previous contractor who repainted the tank in 1983. Research of the tank's history prior to preparation of the specifications for the current re- painting project indicated that the old lead-based undercoatings should have been removed by the previous contractor in 1983. We understand that the painting contractor who did the previous re-painting job in 1983, R & S Quality Painting Contractors, Inc., is no longer in business, and the City Inspector who preformed all of the tank inspection services for the City of North Richland Hills is now deceased. We further understand that most of the old lead-based primer is contained in the rafters of the tank roof area and only small, randomly located amounts are found in the tank wall areas below the water level which was not detected by random spot inspections or testing. Evidently, the previous City Inspector, who was generally a street inspector and not specialized in tank coatings inspections. did not verify that all the old lead-based primer was completely removed. as required by specifications, before allowing the painting contractor to paint over the old primer with the new lead-free coating in 1983. Since it was assumed that all of the lead-based undercoatings had been previously removed from the tank, the current specifications did not include a lead abatement program, which would have added substantial cost to the total contract amount. The contractor for this project, Corrosion Eliminators, Inc., who discovered the old lead- based primer after initial sandblasting operations, has proposed to provide a lead abatement program for this project for a total additional cost of $27,093.00, in 1901 CENTRAL DR., SUITE 550· BEDFORD, TEXAS 76021-5826. 817/283-6211 · METRO 817/267-3367· FAX 817/354-4389 August 3, 2000 3-584, CITY OF NORTH RICHLAND HILLS JOHNSON GROUND STORAGE TANK, REPAINTING AND REHABILlTA nON, 2000 CHANGE ORDER NO.1, LEAD ABA TEMENT PROGRAM accordance with his attached letter and TNRCC-approved lead-abatement program specifications dated August 2, 2000. This cost is based on a unit price of $1.25 per square foot for a total interior tank area of approximately 21,675 square feet. We understand that this is a reasonable price and it is not out of line with lead-abatement costs associated with other projects with which we are familiar. The total amount of the existing contract is $121,191.00. The total revised contract amount for this change order is $121,191.00 + $27,093.00 = $148,284.00. This total revised contract amount is still within the original budget for this project. The total contract time would increase from 80 calendar days to 100 calendar days for this extra work as proposed by the contractor. Please call if you have any questions concerning this project. ~,a~ I HARD W. ALBIN, P.E., Vice-President RWAJra/C01.doc Enclosures Cc: Mr. Mike Curtis, P.E., NRH Assistant Director of Public Works Mr. Ken Matheson, City Inspector Mr. Ocey G. Dow, President, Corrosion Eliminator, Inc. P.O. Box 1546 Mineral Wells. texas 76068 Ms. Cindy Holmes, Coating Inspector, Contract Inspection Service 4305 Glenwood Ct. Pre Grandbury, Texas 76049 Page 2 8orrosíoH 8/iJHiJttltor, IHC. A W W A SPECIALISTS P.O. Box 1546 MINERAL WELLS, TEXAS 76068 Ph: (940) 325-8450 Fax; (940) 325-0502 . Commercial Industrial August 2, 2000 City of North Rich1and Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Reference: North Richland Hills Johnson Tank Repainting and Rehabilitatiç)ß Project. Subject: Interior tank l~ad base paint removal. Tota1lead concentration found 20.3%. We agree to furnish all labor; material, equipment and supernsion tò remove lead base paint and dispose of waste according to TNRCC Regulations. Contractor's Responsibility , Furnish Worker Lead Protection Program. Certified notification to TNRCC stating start date, work hours, and compJetion date. Personnel lead level test report before l~d removal and after lead removal completion. Competent person on site with SSPC Lead ambatement Removal Certification. Decontamination unit on site. Copies of all lab reports, medical reports. TNRCC notifications) waste manifests, and etc. furnished to the city upon contract completion. ; Note: Water need for decontamination unit furnished by city at near by fire plug. Carrying water to unit by Corrosion Eliminators, Inc. at 300 gaUons per load. Estimated total gallons needed is 2,500. This 1.5 million gallon water tank has approximately 21,675 square feet of steel surface inside. Lead Embatement Removal and Disposal Póce ------------------------------- $ 27,093.00 (TWtnEy-Stovm ~ Nimty. Th- 'Thot.1uød DoIJan aød No CœtB) , Contract time increase of 20 days. CorroõEllirunæ~ ~__ OceyG. ~C 0 Attachment: Southern Spectrographic Laboratory, Inc. total lead test results of paint chips. cc: Greg Dickens, P.E., Director of Public Works City of North Richland Hins Richard Albin, P.E., Vice President Knowlton-English-Flowers, Inc. Consulting Engineers - ---~-~-----·-¥_·-·'~·-"-'_"~__"'_'""...v_., ...._._-"..,w-.__~".__'~_~_~._~_m-.-_,._>~_~~~__ Page 1 of 1 Announcements and Information August 14, 2000 Announcements Remember to register for Fall Classes at the NRH Recreation Center. Call 427-6600 for more information. Information August 15 11 :30 a.m. Avis Rent A Car Ribbon Cutting 6805 NE Loop 820, NRH August 16 11 :30 a.m. Meineke Discount Mufflers Ribbon Cutting 5634 Rufe Snow Drive, Suite B, NRH August 17 7:00 p.m. Citizens Police Academy NRH Police Department August 19 10:00 a.m. - 5:00 p.m. Critter Connection North Hills Mall August 21 6:00 p.m. Teen Court Municipal Court August 24 7:00 p.m. Citizens Police Academy NRH Police Department August 24 6:00 p.m. - 10:00 p.m. Taste of Texas Blue Line Ice Arena