HomeMy WebLinkAboutCC 2000-10-23 Agendas
CITY OF NORTH RICHLAND HILLS
PRE-COUNCIL AGENDA
OCTOBER 23, 2000 - 5:50 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 October 23, 2000 City Council
Meetinq (5 Minutes)
" '~ 2000-137 Discuss Public Nuisance Ordinance (10 Minutes)
3. IR 2000-135 Wastewater Rehabilitation Improvements Project; Contract
"A" (10 Minutes)
4. IR 2000-134 Inside NRH Citicable Production (10 Minutes)
5. IR 2000-136 Discuss Council Meetinqs in December (5 Minutes)
6. *Executive Session - The Council may enter into closed
Executive Session to discuss the following:
a.) Deliberation Regarding Real Property as Authorized
by Government Code §551.052
Land Acquisition for Parks (15 Minutes)
b.) Consultation with Attorney as Authorized by
Government Code §551.071
Ramos & Juarez vs. NRH (5 Minutes)
7. 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
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By
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
OCTOBER 23, 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 - Green Valley Elementary
(Ms. Linda Link, sponsor)
3. Pledge of Allegiance -
Green Valley Elementary (Ms. Linda Link,
sponsor)
4. Special Presentations
1.) Yard of the Month Awards
2.) Presentation of Proclamation for Red
Ribbon Week to Ms. Linda Link,
representing Sirdville Independent School
District
5. Removal of Item(s) from the Consent Agenda
October 23, 2000
City Council Meeting
6. Consent Agenda Item(s)
a. Minutes of the Pre-Council Meeting
October 09,2000
b. Minutes of the City Council Meeting
October 09, 2000
PW 2000-031 c. Approve Agreement with DART for 30-
Inch Wastewater Outfall Crossing the
Cottonbelt Line at Calloway Branch
(Milepost 623.836) - Resolution No.
2000-079
PW 2000-032 d. Approve Big Fossil Creek Watershed
Interlocal Agreement with North Central
Texas Council of Governments-
Resolution No. 2000-83
PW 2000-033 e. Approve Change Order NO.1 for Tourist
Drive Paving and Drainage
Improvements in the Amount of
$45,884.00
PAY 2000-006 f. Authorize Payment to Motorola for
Radio Maintenance Agreement -
Resolution No. 2000-081
PAY 2000-007 g. Authorize Payment to Motorola for
Annual Mobile Data Terminal Service
Agreement - Resolution No. 2000-082
7. PS 2000-20 Consider Final Plat of Lot 16, Block 5, Hewitt
Estates Addition as Requested by Marie
Melbourne (0.603 Acre Tract Located at 7613
Buck Street)
8. PZ 2000-23 Special Public Hearing to Consider the Appeal
of QuikTrip Corporation, Represented by
McDonald & Associates, for a Special Use
Permit for a Convenience Store with Gas
Sales within 200 feet of Residential Property at
5600 Davis, being Tract 17 J out of the W.W.
Wallace Survev, Abstract 1606.
October 23, 2000
City Council Meeting
9. PZ 2000-35 Special Public Hearing to Reconsider the
Request of Joyce Collup for a Zoning Change
from (LR) Local Retail to (PD) Planned
Development for a Wedding Chapel on Lot 1,
Block D, Richland Oaks Addition, at 4801
Strummer Drive (Denied at the 9/11/00 City
Council Meeting)
10.GN 2000-120 Local Law Enforcement Block Grant Public
Hearinq and Approved Planned Expenditure
Approving 2000 Equipment and Installation
11. GN 2000-121 Rates for Charter Communications -
Ordinance No. 2523
12. a) Citizens Presentation
b) Information and Reports
13. Adjournment
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October 23, 2000
City Council Meeting
A<. S 1-. City Secret~ry r,
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By
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
N IR 00-137
o.
~ Date:
T Subject:
October 23, 2000
Discussion of Public Nuisances Ordinance
City Council discussed changing the Public Nuisances Ordinance at the last meeting
(October 9,2000) to limit the hours of distribution of handbills and advertisements on
private property from sunset to sunrise with an exception for the normal delivery of
newspapers or solicited periodical subscriptions.
After examining the Public Nuisances Ordinance, staff is requesting additional
changes to allow proper enforcement of automobile sales in residential areas and
removal of graffiti on private property.
A recent case was dismissed in court involving an individual that sold used cars at his
residence. The person owns a used car lot and was taking cars home during lunch
and at night and selling them at his residence. Because the current ordinance allows
the exception for the occasional sale of a personal automobile on residential property,
we have been unable to prohibit these sales. The City Attorney has suggested that
we change this section to only allow the sale of one car per residence per year on
private residential property.
Staff has also been unable to require the removal of graffiti on fences and structures
on private property. While there is a state law against the placement of graffiti, it is
sometimes difficult to catch the violators. Staff would suggest a change in , the Public
Nuisances Ordinance to require property owners to remove or paint over graffiti.
The current Public Nuisances Ordinance is provided for your information. The Public
Nuisances Ordinance is enforceable by the Police Chief, Code Enforcement Officer
or Health Officer or their designated representatives. The Police Department, Health
Department and Code Enforcement Office have been notified of these proposed
ordinance revisions.
Staff requests Council direction whether to pursue this ordinance revision.
Sincerely
~J2~
John Pitstick
Development Director
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
ORDINANCE NO. 2233
COpy
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS;
DECLARING A PUBLIC NUISANCE A VIOLATION; PROVIDING FOR
GENERAL DEFINITIONS; PROVIDING FOR SPECIFIC PUBLIC NUISANCES
WITHIN THE CITY; PROVIDING FOR DESIGNATION OF ENFORCEMENT
OFFICERS; PROVIDING FOR ENFORCEMENT AUTHORITY; PROVIDING
FOR NOTICE OF VIOLATION; PROVIDING FOR ABATEMENT PROCEDURES
FOR NUISANCES; REPEALING PRIOR ORDINANCES IN CONFLICT;
PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, THAT:
PUBLIC NUISANCES
Section 1. Declaration of Public Nuisance and Violation in General
Any real property, building, or portion thereof, or the premises, including a
vacant lot, in which there exists a condition not in compliance with this
Ordinance shall be deemed and is hereby declared to be a public nuisance
and shall be a violation of this Ordinance and shall be subject to the penalty
clauses of this Ordinance.
Section 2. Definitions
Terms, words, phrases and their derivatives used, but not specifically defined
in this Ordinance, shall have the meanings defined in Webster's New
Collegiate Dictionary. Words used in the singular include the plural and the
plural the singular. Words used in the masculine gender include the feminine
and the feminine the masculine. For purposes of this Ordinance, the following
terms shall have the following meanings, unless the context clearly indicates
that a different meaning is intended:
(a) Enforcement Officer - The Chief of Police, Code Enforcement Officer,
Health Officer or their designated representatives, charged with any
enforcement and administration of this Ordinance.
(b) Debris - Debris means all putrescible and non-putrescible solid wastes,
including garbage, trash, litter, junk, rubbish, rubble, debris, ashes, wreckage,
street cleanings, dead animals, abandoned or inoperable household
appliances, moveable furniture and/or appliances not designed for or modified
to withstand the elements and outdoor use, and industrial wastes.
(c) Exterior Property Area - Exterior property area means the open space on
the premises and on adjoining property under the control of the owner or agent
of such premises.
(d) Fireworks - Any sparkler, rocket, fire cracker, roman candle, torpedo or
any other substance in whatever combination used to obtain a visible or
audible pyrotechnic display and shall include all articles or substances with the
commonly accepted meaning of the word "fireworks".
(e) Garbage - All putrescible waste, except body waste, including animal and
vegetable waste resulting from handling, preparation, cooking, storage or
consumption of food.
(f) Inspection - The examination of property by the Enforcement Officer or his
authorized representative for the purpose of evaluating its condition as
provided for in this Ordinance.
(g) Inoperable Vehicle - A vehicle that is rendered temporarily or permanently
inoperable due to conditions such as, but not limited to, flat tire or tires, missing
tires or wheels, partially wrecked or dismantled, in a state of disrepair or
otherwise unserviceable or not driveable.
(h) Owner - Any person, agent, firm, corporation, association or other entity
having legal or equitable interest in p property as shown on the most recent tax
roll.
(i) Person- Any person, agent, firm, corporation, association or tenant.
U) Public Nuisance - Any act, condition or thing existing, done or in being,
which act, condition or thing endangers the peace, property, health, and safety
of the citizens of the City.
(k) Putrescible - Capable of becoming putrid, rotten, foul and offensive.
(I) Rubbish - All non-putrescible wastes including, but not limited to, debris, tin
cans, bottles, papers, grass and weed cuttings, paper boxes, wood or building
materials and tree limbs generally not exceeding three feet in length and
generally not exceeding a weight of more than fifty (50) pounds.
(m) Rubble - Solid waste larger and heavier than rubbish, including but not
limited to, discarded appliances and furniture, large tree limbs, discarded
fences, generally exceeding three (3) feet in length and fifty (50) pounds in
weight.
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(n) Tenant - Any person, agent, firm, corporation, or association who occupies
a property or premises and who is not the owner.
(0) Yard, front - The area extending across the entire width of the lot and
situated between the front lot line and the most extreme front corners of the
building, or, in the absence of a building, the area extending across the entire
width of the lot to the front building set-back line,
(p) Yard, rear - The area extending across the entire width of the lot and
situated between the rear lot line and the most extreme rear corners of the
building, or in the absence of a building, the area extending across the entire
width of the lot to the rear of the rear building set-back line.
(q) Yard, side - The area extending between the side lot line and the nearest
and most extreme side corners of the building or, in the absence of a building,
the area extending to the side yard building set-back line and extending from
the front yard to the rear yard. This definition does not apply to a side yard
adjacent to a street of corner lots.
(r) Yard, side-adjacent to a street - The area extending between the side lot
line adjacent to a street and the nearest and most extreme side corners of the
building or, in the absence of a building, the area extending to the side yard
building set-back line adjacent to a street and extending from the front yard to
the rear property line.
(s) Vehicle - Any motor vehicle subject to registration under the Certificate of
Title Act (Article 6687-1, Vernon's Texas Civil Statutes) and also shall include,
but not be limited to, trailers, recreational trailers, camper tops, boats and boat
trailers or any associated body or mechanical parts.
Section 3. Specific Nuisances.
Without limiting the power of the City Council to hereafter declare as public
nuisances any other act, condition, or thing, by ordinance, the following
specific acts, conditions, and things are, each and all of them are hereby
declared to be and constitute public nuisances:
(a) Maintaining the exterior property area or any structure which is not
reasonably free from holes and excavations, sharp protrusions, and other
objects or conditions which might be a potential cause of personal injury to the
occupants or to the public.
(b) Maintaining any cellar, vault, well, drain, sewer or septic tank, which
presents a potential injurious threat to the health or safety to the public.
3
(c) Maintaining a fence or screening wall in a manner which constitutes a
public hazard to persons or property. All fences shall be maintained
reasonably plumb and structurally sound. Any fence or screening wall which is
severely deteriorated and constitutes a public hazard to persons or property or
is fifteen (15) degrees or more out of plumb shall be repaired, replaced or
removed,
EXCEPTION: This section is not intended to require the removal of any
screening device which is otherwise required by the comprehensive zoning
ordinance.
(d) Discharging of any sewage waste directly or indirectly onto the ground or
into any stream, creek, waterway or other body of water,
(e) Maintaining any sanitary plumbing fixtures and facilities not in compliance
with the public health laws, ordinances, and regulations of the State of Texas,
the County of Tarrant and the City of North Richland Hills.
(f) Permitting, maintaining or causing the emission of foul, offensive, noisome,
nauseous, noxious or disagreeable odors repulsive to the physical senses of
ordinary persons.
(g) Permitting any land area, tank, alley, gutter, swimming pool, or open
receptacle containing water, or a source of water to become stagnant, foul,
nauseous, offensive or unpleasant, or provide harborage for mosquitoes, flies,
or other insects.
(h) Maintaining a swimming pool, hot tub, and their related accessory
structures in an unsafe, unsecured, unclean, unsanitary, and unsound
condition.
(i) Permitting the accumulation or the dumping of garbage, rubbish, rubble or
debris, decaying vegetation, or to make nauseous, foul or putrid discharges,
which provides a breeding place for insects or rodents which is offensive,
tends to decay, become putrid, become offensive and odorous, or which
renders the atmosphere impure or unwholesome and provides harborage for
flies, mosquitoes, rodents, rats, snakes, or vermin.
U) Permitting the accumulation or the dumping of garbage, rubbish, rubble or
debris, building materials, building rubbish, discarded furniture, tree limbs,
leaves, household waste items, ashes, inoperable household appliances,
vehicle tires, scrap metal, or automobile parts on any private property and/or
depositing the same onto any public right-of-way or private property.
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(k) Permitting the accumulation or the burial of rubbish, building material
wastes, road material wastes, rubber tires, garbage, or refuse, or the
depositing of any substance which is detrimental to the public health, safety or
the dumping or burying of used motor oils or any other chemical substance
which is not permitted by the Texas Natural Resources Conservation
Commission directly onto or into the ground.
(I) Permitting a lawn irrigation system to spray or overflow water into a public
street during periods of freezing weather when such water freezes and results
in a potentially dangerous condition; or, permitting a lawn irrigation system to
spray or overflow water during any periods regardless of the weather into a
public street designated as C4U, M4U, M5U, M4D, M6D, or P6D on the
Thoroughfare Plan.
(m) The expectoration of mucous, saliva, saliva mixed with tobacco products,
remains of any chewed or partly chewed tobacco or snuff, or the remnant of
any partially chewed or smoked cigar upon any public sidewalk or upon the
floor of any public building or public vehicle; or, the littering of any public place,
public building or public vehicle with any tobacco products or with any tobacco
product packaging.
(n) The standing or parking of an automobile, boat, trailer, or any type of
vehicle or personal property on any public street, parking lot, playground,
athletic field, vacant lot, public or private school or church premises; or,
permitting the standing or parking oJ an automobile, boat, trailer, or any type of
vehicle or personal property on any public street, parking lot, playground,
athletic field, vacant lot, public or private school or church premises for the
principal and sole purpose of displaying it for sale.
EXCEPTION: The occasional sale of a personal automobile, trailer or boat
may be permitted in conjunction with the occupancy of a single-family or
two-family dwelling unit. Additional sales of personal belongings and
household effects to the general public is permitted with a valid Garage
Sale permit issued by the City.
(0) The parking, standing or storing of a vehicle in the yard with the exception
of R-1-S Zoning rear yard adjacent to a street of any residentially zoned or
residentially used property.
EXCEPTION: A vehicle may be parked or stored in the front yard, rear
yard, side yard adjacent to a street or side yard provided it is parked on a
hard paved surface of concrete or asphalt not less than nine (9) feet by
eighteen (18) feet or at least of sufficient size to accommodate the
horizontal area projected by the extreme limits of the vehicle. A vehicle
may be parked or stored in the side yard, side yard adjacent to a street or a
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rear yard provided it is screened from view from public ways by not less
than a six (6) foot tall solid fence.
All parking spaces constructed for the purpose of abating this nuisance after
the effective of this Ordinance shall be constructed with a driveway adjoining
an existing on-site driveway or with a driveway and approach adjoining a public
right of way.
(p) The parking, storing or standing of an inoperable vehicle.
EXCEPTION: 1) Each single-family or two-family residence is permitted to
park not more than one (1) inoperable vehicle that is awaiting repair for a
period not to exceed fifteen (15) days. 2) Each single-family or two-family
residence may park or store not more than one (1) inoperable vehicle
provided the vehicle is screened from view in all directions by a permanent
screening fence of masonry and/or wood of redwood, cedar or other wood
material that is approved for outdoor applications, not less than six (6) feet in
height.
(q) The scattering or distributing of any advertisements, circulars, handbills,
printed or written announcements, upon any public right-of-way or within any
public building or on any public grounds.
(r) The maintaining of any building or structure of which the roof or eaves
project beyond the vertical projeqtion of any property line or sheds water
directly upon any property other than that property on which the building or
structure is located.
(s) The manufacturing, storing, using or selling of fireworks within the
Corporate Limits of the City of North Richland Hills.
EXCEPTION: The lawful display of fireworks pursuant to a permit issued
by the proper authority of the City.
(t) Keeping or maintaining of chickens or other fowl, including hens, chicks
and roosters, within fifty (50) feet of any residential structure or inhabited
building.
(u) Keeping, raising or possessing, except within enclosures or cages, any
pigeons with the intent to keep, raise or breed the same,
(v) Permitting the carcass of a dead animal to remain on the premises for a
period of time exceeding eighteen (18) hours after the death of the animal.
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(w) Allowing, generating or fostering any unreasonably loud, disturbing, or
unnecessary noise, including but not limited to noises from musical
instruments, loud-speakers and amplifiers, animals and birds, horns or other
signal devices on vehicles, the operation of vehicles, steam whistles, auto
exhaust without mufflers, or devices operated by compressed air, which
causes material distress, discomfort or injury to persons of ordinary
sensibilities in the immediate vicinity thereof.
(x) Any act or thing done, suffered or maintained within the City limits which
creates an attractive nuisance to persons of normal sensibilities that may
interfere with the health and safety of persons within the community.
Section 4. Designation of Enforcement Officer
The Chief of Police, Health Officer and/or the Chief Code Enforcement Officer
or their designated representatives are hereby directed and authorized to
administer and enforce the provisions of this Ordinance. Nothing contained
herein is meant to limit discretion of any Enforcement Officer in evaluating and
directing compliance w.ith this Ordinance.
Section 5. Enforcement Authority and Liability
The Chief of Police, the Health Officer, the Chief Code Enforcement Officer, or
their authorized representatives, acting in good faith and without malice in the
discharge of their duties, shall not thereby render themselves personally liable
for any damage that may accrue to persons or property as a result of any act
or by reason of any act or omission in the discharge of his duties. Any suit
brought against the Chief of Police, Health Officer, Chief Code Enforcement
Officer, or their authorized representatives, because of such act or omission
performed in the enforcement of any provision of this Ordinance, shall be
defended by legal counsel provided by the City of North Richland Hills until
final termination of such proceedings.
Section 6. Right of Entry
Whenever it becomes necessary to make an inspection to enforce the
provisions of this Ordinance, or whenever there is reasonable cause to believe
that there exists in any structure or upon any property a condition which
violates the provisions of this Ordinance, any enforcement personnel may
enter such property at all reasonable times to inspect the same, or to enforce a
provision of this Ordinance; provided, that if such property is occupied, he shall
first present proper credentials and request entry; or if such property is
unoccupied. he shall first make a reasonable attempt to locate the owner, or
other persons having charge or control of the property, and request entry, and
7
if entry is refused, the enforcement personnel may attempt to secure entry by
any legal means.
Section 7. Notice of Violation
Whenever it is determined that a violation of this Ordinance exists or that there
are reasonable grounds to believe a violation of this Ordinance exists, except
where a different notification requirement is established in this Ordinance, the
enforcement personnel shall give notice of such violation or alleged violation to
the person or persons responsible for such violation as follows:
(a) The property owner, his agent, or the tenant, shall be served with a written
notice which states the violation and requires compliance with this Ordinance
in not less than two (2) days nor not more than ten (10) days, as determined to
be reasonable by the enforcement officer, from the date the notice is served.
The notice may be served by handing it to the property owner, agent, or
tenant, in person, or by depositing the same in the United States mail,
addressed to the property owner at the owner's address as shown on the most
current tax roll of the City, or the tenant as shown on the utility billing records of
the City. If the owner or tenant cannot be found, or if the notice is refused, or if
the notice is returned by the United States Postal Service, then the owner may
be notified as follows:
i. Posting the notice on or near the front door of each building on the
premises where the violation e~ists at least ten (10) days prior to further
action; or
ii. Posting the notice on a placard attached to a stake driven into the ground
on the premises where the violation exists at least ten (10) days prior to
further action.
(b) If such person, firm or corporation fails or refuses to comply with the
provision of this Ordinance within the specified period following notification, the
same shall be considered to be in violation of and subject to fine and penalty
as provided for this Ordinance.
(c) The placement of a notice of violation on a vehicle in violation of Section
3-(n) shall be considered adequate notice under this article.
Section 8. Twenty-four Hour Abatement Under Certain Circumstances
Nothing in this Article shall prohibit the requirement for abatement within
twenty-four (24) hours when a nuisance has been declared an immediate
threat to health and safety by any enforcement personnel.
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Section 9. Remedies,
To enforce any requirement of this Ordinance, any enforcement personnel may
gain compliance by any or all of the following:
(a) Taking such action as the enforcement officer deems appropriate within the
authorization provided for in this Ordinance.
(b) Causing appropriate action to be instituted In a court of competent
jurisdiction.
(c) Ordering the abatement of the nuisance and assessing the costs of
abatement against the property if the owner of the property does not abate
same after the required notice.
Section 10. Contracting for Abatement
Whenever the property owner, agent, or tenant, fails to abate the nuisance
within the time allowed, the enforcement officer is hereby authorized to
contract with a contractor to perform such work as may be required to abate
the nuisance.
Section 11. Recovery of Costs
(a) Whenever the City enters upon. the premises and causes any work to be
performed to abate a nuisance, a charge will be made to the property owner,
agent, or tenant to recover the costs associated with the abatement. The
charge shall be the actual cost of abatement, plus applicable sales taxes.
(b) An Administrative Fee of $75.00 shall be assessed for each charge.
(c) If the actual charge and the administrative fee is not paid to the City within
thirty (30) days after billing, the City shall file a lien against the property. Said
lien shall be filed in the Deed Records of Tarrant County, Texas. The charges
shown on the lien shall bear interest at the rate of eight per cent (8%) per
annum from the due date until paid. The lien shall be collected under the
same terms and provisions of law as on City ad valorem taxes.
Section 12. Penalty Clause
Any person who violates any provision of this Ordinance shall upon conviction
be subject to a fine of not more than two hundred dollars ($200) for each
offense. Each day that such violation is permitted to continue shall constitute a
separate offense. The term, person, as used in this section shall include the
owner, occupant, mortgagee, or vender in possession, assignee or rents,
9
receiver, executor, trustee, lessee, agent, or any other person, firm, or
corporation directly or indirectly in control of a building or tract of land.
Section 13. Repealing Prior Ordinances.
That Ordinance Numbers 461, 1971, 2112 and 2190 are hereby repealed,
Section 14. 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.
Section 15. Effective Date.
This ordinance shall take effect immediately after its passage.
DULY PASSED, AND APPROVED by.the City Council of the City of North
Richland Hills, Texas on this IJh day of Sepltmlxr , 1997
APPROVED:
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ATTEST:
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CITY SECRETARY
APPROVED AS TO FORM:
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10
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
N IR 00-135
o.
\........
~ Date:
T Subject:
October 23, 2000
Wastewater Rehabilitation Improvements Project, Contract "A"
The ongoing wastewater rehabilitation project being done byI<;ENKO, Inc. is almost
completed. The bid date for completion was September 15, 2000. The contractor
should be 100% complete by November 3, 2000. The liquidated damage price per
calendar day over the completion date is $500. This will mean the contractor will incur
approximately $24,500 in liquidated damages before he can complete the work.
The final pay estimate will be brought to you for approval sometime in November or
early December this year. We will be advertising and bidding the second contract in
January and February 2001.
Respectfully submitted,
"-----
"'--/
ISSUED BY THE CITY MANAGER
NORTH RlèHLAND HILLS, TEXAS
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Dopartmont of Informotion Sorvicn' Googrophic Informotion Sy,tom.eGIS)
133
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
~ Date:
T Subject:
October 23, 2000
Inside NRH Citicable Production
Inside NRH is a new program designed for our citizens thç¡t airs onCiticableChannel7. We are
focusing on one area of the City each month to keep our residents ClIrrent on the innovative
and exciting programs occurring in the City. Inside NRHis a short,·infÓrmational program that
will normally span approximately five to fifteen minutes, depending on the subject matter. We
will tape a new show each month yet we will continue to air previous Inside NRH programs
simultaneously with the present month.
We have designed the program similar to current television shows (DateUne, 20/20, etc.) that
feature certain topics with one reporterlnarrator discussing the selected topic. Misti McNeese is
the host of Inside NRH and has agreed to hostthe show for the following year. She is a
Broadcast/Radiol Communications student at the University of North Texas and has worked
part time as a Production Assistant for Citicable for a couple years. Mistiwas also named Miss
Farmer's Branch and has been finishing her duties associated with this title.
Greg Oldenburg and Jonathansryant are very excited about directing and producing this new
series. I will be writing the script for each Inside NRH and they will use their creative talents to
produce the show. They have designed a very professional and inviting introduction to the
series, which will be consistent in every episode.
The first Inside NRH focused on the new automation in the Library and began airing on October
1, 2000. Our goal is to have a new Inside NRH by the first of eachl1'lOnth, which will focus on
pertinent and timely programs. For the months of November andD$cember, we plan to focus
the show around all of our Christmas activities, especially the Christmas Tree Lighting
Ceremony. In January, Inside NRH will focus on the Crime Control and Prevention District and
will continue to air concurrently with the February Inside NRH.
We hope you enjoy OUr new monthly prograrn,lnside NRH, and would appreciate any input you
might have regarding the show. We know that this will be the first of many new projects
Citicable will be able to produce with our new and dynamic team in the Communications
Department.
Respectfully Submitted,
cc;::J
Director of Public Information
ISSUED BY THE CITY MANAGER
NORTH RICH LAND HILLS, TEXAS
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 00-136
~ Date: October 23, 2000
T Subject: Cancellation of December 25, 2000 City Council Meeting
The second Council meeting in December this year is on Christmas Day. Staff does not
foresee any items that will be affected by this meeting being cancelled and not rescheduled.
Unless any of the Council Members have a problem, Staff will proceed with the cancellation
of the December 25, 2000 Council Meeting. The regular December 11 will be the only
meeting in December unless a need arises to call a special meeting.
Respectfully submitted,
~d-~
Patricia Hutson
City Secretary
ISSUED BY TH E CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
Y ARD-OF-THE-MONTH
2000
OCTOBER
AREA 1 Tommy Payne. 6425 Devonshire Dr. 817 485-3871
Jeanne Lueck Jane Dunkleberg
284.7477 838.0639
AREA 2 Garland & Moise Holt. 4705 Blaney, 817 281-5561
Helen Moore
284.6457
AREA 3 Jan & Toby Daley. 6320 Skylark circle, 817485-5966
Cindy Hayes
485.3559
AREA 4 Ron & Betty Evans. 7301 SpurQeon, 817498-9261
Betty and Marshall Siemer
498.1705
AREA 5 None
Doris Satenhorst
581.9643
AREA 6 Bobby & Gladys Sharp. 6705 Brittany Park Court. 817581-4120
Suzy Compton
514.0676
AREA 7 Gary & Maraaret Zecca, 8900 Thornberry. 817 428-0479
Tracy Andrews
AREA 8 Linda Nolte, 6800 Ridaewood Drive, 817 498-3748
Scott Wood
485.9250
AREA 9 Tom & Mary Jo Ward. 8625 Saddle Ridae Trail, 817281-8714
Theresa Hampton
577.3309
LANDSCAPE
Equestrian Pointe Apartments, Lisa Draeaer. Property Mnar
8500 Harwood Rd.. 817 485-5154
'NI~H C1TV Of NORTH R1CHlAND H1llS
PROCLAMAT10N
WHEREAS, ~1coHol ~yt~ other ~s ~b«sc iyt tHis yt~tioyt H~s rc~chc~ cpi~cmic
proportioyts. ~yt~ tHosc iyt tHc 15 to 24 '1c~r ol~ ~sc sro«p ~rc ~'1iytS ~t ~ f~ster r~tc th~yt
thosc of other ~scs: ~yt~
WHEREAS, it is impcr~tivc tH~t visiblc. «ytific~ prcvCY\tioyt c~«c~tioyt efforts b\.
comm«ytit\.jmcmbers bc l~«ytcHc~ to rc~«cc tHc ~cm~yt~ for ~ss: ~yt~
WHEREAS. tHc 'Dnts-Frcc SCHools ~yt~ Comm«ytit\.j Gr~ytt ~yt~ tHc Bir~vi11c
lyt~cpcyt~cytt SCHool District ~rc spoytsoriytS tHc Rc~ Ribboyt C~mp~isyt offcriytS citi%cyts of
North Richl~yt~ Hi11s thc oppornmit\.j to ~C»1oytstr~tc thcir commit111cytt to ~ ~s-frcc
lifcst\.jlc: ~yt~
WHEREAS. thc Rc~ Ribboyt C~mp~isyt wi11 bc cc1cbr~tc~ iyt CVC1'\. comm«ytit\.j
~«riytS Rc~ Ribboyt Wcc1t. October 21-0ctober 27. 2ØØØ: ~yt~
WHEREAS. b«Sh1CSS. sovCM1mCY\t. l~w C11forcC»1CY\t. sCHools. rc1iSio«s iytstif\.. tiOY\s.
servicc ors~yti%~tioyts. '1o«tH. pH'1sici~yts. scytior citi%cyts. mi1it~nt. sports tc~ms. ~yt~
iyt~ivi~«~ls will ~C»1oytstr~tc tHeir commit»1CY\t to t»'«s-frcc. Hc~lth'1lifcst\.jlcs b'1 wc~riytS
~yt~ ~ispl~'1iytS re~ ribboyts ~«riytS this wcc1t-loytS c~mp~isyt: ~yt~
WHEREAS. thC cit\.j of North Richl~yt~ Hills f«rtHcr commits its rcso«rccs to CY\s«re
tHc s«cccss of tHc Rc~ Ribboyt C~mp~isyt.
'NOW, THEREFOR£. 1. d1~rles Scom~. M~'1or of tHc Cit\.j of NortH RicHl~yt~ Hil1s.
Tcx~s ~o Hercb'1 procbim October 21-0ctobcr 27. 2ØØØ ~s:
"RED R1BBO'N W£EK"
iyt thc Cit\.j of NortH RicHt~yt~ Hil1s ~yt~ «rsc ~11 citi%CY\s to p~rticip~tc iyt ~S c~«c~tioyt ~yt~
prcvcyttioyt ~ctivitics to m~kc ~ visibtc SHow of s«pport for o«r stroytS commit111cytt to ~
~s-frec comm«ytit\.j.
IN WITNESS WHEREOf. 1 H~vc Herc«ytto sct m'1
H~yt~ ~yt~ c~«sc~ tHc sc~l of tHc Cit\.j of NortH
RicHl~yt~ Hi11s to bc ~ffixe~ tHis tHe 2;r~ ~~'1 of
ë~
d1~rlcs Scom~. M
\...-.'
MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE
PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST
LOOP 820 - OCTOBER 9, 2000 - 5:55 P.M.
Present:
Charles Scoma
Lyle E. Welch
Russell Mitchell
Frank Metts, Jr.
JoAnn Johnson
Don Phifer
Joe D. Tolbert
T. Oscar Trevino, Jr.
Larry J. Cunningham
Randy Shiflet
Steve Norwood
Greg Vick
Patricia Hutson
Alicia Richardson
Paulette Hartman
Rex McEntire
Greg Dickens
Larry Koonce
John Pitstick
Jenny Kratz
Andy Jones
Terry Kinzie
John Lynn
Mayor
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
Director of Development
Public Information Director
Fire Chief
Information Services Director
Asst. Police Chief
ITEM DISCUSSION ASSIGNMENT
CALL TO ORDER Mayor Scoma called the meeting to order at 5:55
p.m.
DISCUSS ITEMS Agenda Item No. 12, PZ 2000-20 - Councilman NAN
FROM REGULAR Mitchell asked for clarification on whether there was
OCTOBER 9,2000 a valid petition with 20% of the adjacent property
CITY COUNCIL owners in opposition. The Attorney advised that the
AGENDA petition was still being calculated.
Agenda Item 6f, GN 2000-16 - Councilman Phifer NAN
questioned if Council had not recently approved a
resolution authorizing Investment Officers. The City
Manager advised the previous request was to add
Toni Van Hooser to the list of authorized individuals.
Pre Council Minutes
October 9, 2000
Page 2
,...-
ITEM DISCUSSION ASSIGNMENT
This request is to add Keith Wilson who is replacing
Kristine Smith.
Public Works Director Greg Dickens introduced to
the Council Mr. Ross Canton, the new
Administrative Assistant in the Public Works
Department.
IR 2000-129 The City Manager advised that attached to the IR GREG D.
PARTICIPATION IN was the draft written presentation to be given to
THE TEXAS TxDOT at the October 16 public meeting. Mr.
TRANSPORTATION Cunningham explained the meeting would be
PLAN informal; a table would be set up to receive written
letters or individual comments would be accepted.
Mayor Scoma advised of additional items he felt
should be included in the written presentation: 1)
Davis Boulevard opening up to Hwy. 114; 2) video
monitoring of traffic congestion - need monitors in
'~- City's Police Dispatch in order to respond faster to
situations on IH 820; 3) beautification needs for the
IH 820 expansion; 4) encourage TxDOT to support
a design bill. Councilman Trevino advised he could
not support the design bill. Councilman Trevino felt
the design bill was flawed and that it would obstruct
small businesses. He advised the Mayor could
support the bill individually but he was against the
City Council supporting it. The City will present a
written presentation at TxDOT's public meeting on
,October 16, 2000.
IR 2000-127 The Public Works Director briefed the Council on NAN
DISCUSS REVISION the history of the road hump policy. Councilwoman
OF ROAD HUMP Johnson advised she requested this item be placed
POLICY on the agenda. Councilwoman Johnson felt that the
road humps do not allow large vehicles to travel
over them at the posted speed of 20 mph. The
Council discussed the purpose of the road humps
and concluded that a revision was not needed to
the road hump policy.
_'_·__W_~~_'_"-"-"~__~·_""'.'H_·",,,_____"._.~~...,,,_,_______.__.
Pre Council Minutes
October 9, 2000
Page 3
ITEM DISCUSSION ASSIGNMENT
IR 2000-128 Mr. Pitstick briefed the Council on a request to limit JOHN P.
CONSIDERATION the hours for distribution of handbills and
OF LIMITING advertisements on private property. Mr. Pitstick
HOURS FOR explained that a section could be added to the
DISTRIBUTION OF Nuisance Ordinance to limit the hours of the
WRITTEN distribution of handbills on private property, The
ANNOUNCEMENTS Council expressed concern that the ordinance
ON PRIVATE would exclude the delivery of newspapers during
PROPERTY the early morning hours. The Council also
discussed how daylight savings time would affect
the ordinance. It was suggested that the hours be
limited to between sunup and sundown and that by
using the wording "unsolicited materials" newspaper
deliveries would not be limited, The consensus of
the Council was to limit the hours for distribution of
written announcements on private property to
between sunup and sundown and that wording such
as unsolicited materials be added to exclude
newspapers.
1¡,,_000-130 The City Manager briefed the Council on the escrow GREG D.lSTEVE N.
REVIEW ESCROW policy for North Tarrant Parkway. Council was
POLICY FOR advised that Commissioner Whitley is willing to
NORTH TARRANT provide labor and equipment for excavation,
PARKWAY stabilization of subgrade and asphalt paving of
North Tarrant from Precinct to IH 35. Mr. Whitley
was advised of Council's desire for concrete rather
than asphalt. Mr. Whitley is investigating the
County putting together a concrete crew, but the
crew will not ready until late next summer. Mr.
Dickens reviewed the timeline for improving the
section of North Tarrant Parkway from Precinct Line
Road to 600 feet west of Davis Boulevard utilizing
Tarrant County for a portion of the construction and
collecting escrow from any adjacent property platted
or replatted on North Tarrant Parkway in the future.
Council expressed concerns with the County
participating. It was felt that it would take the
County too long; that the project should be bid and
done through escrows and assessments and other
financing. The City Manager advised that the
engineering and design could be started while staff
identified other funding options, i.e., bonds,
certificates of obligation; federal funds, state funds.
After discussion, the consensus of the Council was
for staff to move forward with the engineering and
design and begin obtaining the escrows and
Pre Council Minutes
October 9,2000
Page 4
....-
ITEM DISCUSSION ASSIGNMENT
assessments. Staff will look at funding options and
present a recommendation for Council's
consideration after the completion of the design and
engineering work.
ADJOURNMENT Mayor Scoma announced at6:43 p.m. that the
meeting would adjourn to Executive Session for
consultation with the Attorney as authorized by
Government Code §551.071 for the following cases:
1) Risheg v. NRH; 2) Livergood v. NRH and 3)
Gonzalez v. NRH. The Executive Session
adjourned at 6:53 p.m, to the regular Council
meeting with no action required.
Charles Scoma - Mayor
I -EST:
Patricia 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 - OCTOBER 09, 2000 - 7:00 P.M.
1.
CALL TO ORDER
Mayor Scoma called the meeting to order October 09,2000 at 7:00 p.m.
Present:
Charles Scoma
Lyle E. Welch
Russell Mitchell
Frank Metts, Jr.
JoAnn Johnson
Don Phifer
Joe D. Tolbert
T. Oscar Trevino, Jr.
~D
Staff:
Larry J. Cunningham
Randy Shiflet
Steve Norwood
Greg Vick
Patricia Hutson
Alicia Richardson
Rex McEntire
ROLL CALL
Mayor
Mayor Pro T em
Councilman
Councilman
Councilman
Councilman
Councilman
Councilman
City Manager
Deputy City Manager
Assistant City Manager
Managing Director of Community Services
City Secretary
Assistant City Secretary
Attorney
2.
INVOCATION
Councilman Tolbert led the invocation.
3.
PLEDGE OF ALLEGIANCE
4.
SPECIAL PRESENTATIONS
PRESENTATION OF FIRE PREVENTION WEEK PROCLAMATION
Mayor Scoma presented Fire Chief Andy Jones and Fire Marshal Mike Duncan with a
proclamation.
PRESENTATION OF BREAST CANCER AWARENESS PROCLAMATION
'0,',',"
,
I
.
City Council Minutes
October 09, 2000
Page 2
Mayor Scoma proclaimed the month as National Breast Awareness Month and October
20 as National Mammography Day.
Ms. Donna Crawford representing the American Cancer Society received the
proclamation.
5.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
6.
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A. APPROVAL OF PRE-COUNCIL MINUTES SEPTEMBER 25, 2000
B. APPROVAL OF CITY COUNCIL MINUTES SEPTEMBER 25,2000
C. GN 2000-113 - SET DATE FOR LOCAL LAW ENFORCEMENT BLOCK GRANT
PUBLIC HEARING
D. GN 2000-114 - AMENDING AUTHORIZED REPRESENTATIVE LIST FOR
TEXPOOL - RESOLUTION NO. 2000-075
E. GN 2000-115 -AUTHORIZING SIGNATURES FOR PLEDGEE SIGNATURE
AUTHORIZATION FORM - RESOLUTION NO. 2000-076
F. GN 2000-116 - AUTHORIZE INVESTMENT OFFICERS - RESOLUTION NO. 2000-
077
G. PU 2000-044 - AWARD ANNUAL CONTRACT FOR PRINTERS TO SDF
PROFESSIONAL COMPUTERS - RESOLUTION NO. 2000-073
H. PU 2000-045 - AUTHORIZE CONTRACT EXTENSION TO SPECIALTY
UNDERWRITERS FOR ELECTRONIC EQUIPMENT MAINTENANCE -
RESOLUTION NO. 2000-074
I. PW 2000-029 - VACATE A SANITARY SEWER EASEMENT LOCATED IN TOWN
CENTER - L.C. WALKER SURVEY, ABSTRACT NO. 1652 - ORDINANCE NO.
2520
City Council Minutes
October 09,2000
Page 3
J. PW 2000-030 - VACATE THREE PERMANENT DRAINAGE EASEMENTS
LOCATED IN TOWN CENTER, L.C. WALKER SURVEY, ABSTRACT NO. 1652
AND J. BARLOUGH SURVEY, ABSTRACT 130 - ORDINANCE NO. 2519
K. PAY 2000-05 - APPROVE FINAL PAY ESTIMATE NO.7 IN THE AMOUNT OF
$43,360.09 TO WALT WILLIAMS CONSTRUCTION, INC. FOR BLANEY AVENUE
PAVING IMPROVEMENT
Councilwoman Johnson moved, seconded by Councilman Trevino to approve the
consent agenda as read.
Motion to approve carried 7-0.
7.
PS 2000-37 - MOTION TO RECONSIDER THE REQUEST OF JOE WADE FOR A
REPLAT OF LOT 1R, EATON ADDITION (THIS 1.5641 ACRE TRACT IS LOCATED
AT THE SOUTHWEST CORNER OF HARMONSON ROAD AND RUFE SNOW
DRIVE)
APPROVED
't;Q
(;
'j, " .~'
Ms. Joelyn Beringer representing Mr. Wade was available to answer questions from
Council.
Mr. John Pitstick, Director of Development, addressed the request as it relates to city
codes and ordinances and summarized recommendations of staff and the Planning and
Zoning Commission.
Councilman Trevino moved to approve PS 2000-37 for replat of Lot 1 R, Block 1, Eaton
Addition. Councilman Phifer seconded the motion.
Motion to approve carried 7-0.
8.
PS 2000-28 - CONSIDER REPLAT OF LOTS 1RA & 3R2A, BLOCK 7, INDUSTRIAL
PARK ADDITION AS REQUESTED BY IRVING M. GROVES, III, REPRESENTED BY
SHEMWELL - CARTER RESTAURANTS (SONIC). THIS 2.31 ACRE TRACT IS
LOCATED AT 5647 RUFE SNOW DRIVE.
APPROVED
Councilman Phifer abstained from voting and discussion.
Mr. David Carter explained the nature of his request.
City Council Minutes
October 09,2000
Page 4
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 Mitchell moved, seconded by Councilwoman Johnson to approve PS 2000-
28.
Motion to approve carried 6-0; with Councilman Phifer abstaining.
9.
PS 2000-43 - CONSIDER FINAL PLAT OF LOT 1, BLOCK 1, TAPP II ADDITION AS
REQUESTED BY ZONE SYSTEMS, INC., (THIS 21.33 ACRE TRACT LOCATED AT
5201 RUFE SNOW DRIVE)
APPROVED
ö
Mr. Peter Kavanaugh of Zone Systems, Inc. summarized his request. The purpose of
this plat is to add additional land for a parking lot on the west side of what is currently
the Richland Pointe Business Center. The parking lot will be used for vehicles
associated with the new employer. Applicant is asking that a new sidewalk be added in
front of the new addition to the property up to the nearest driveway.
Mr. John Pitstick, Director of Development, addressed the request as it relates to city
codes and ordinances. The Planning and Zoning Commission at their September 14
meeting recommended waiver of the new sidewalks with the exception of the following:
sidewalks be added along the North side of Combs Drive from the Southwest corner of
this tract to the first drive entry on Combs.
Councilman Metts moved to approve PS 2000-43 with the inclusion of the new sidewalk
as stated by applicant. Councilwoman Johnson seconded the motion.
Motion to approve carried 7-0.
10.
PZ 2000-39 - CONSIDER SITE PLAN APPROVAL FOR NET CHURCH LOCATED AT
8203 STARNES, BEING LOT 11, BLOCK 6, CRESTWOOD ESTATES
APPROVED
Mr. Ernest Herrera, architect, came forward and summarized his request.
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
,--- ,_. --.,-~'-----~.,---,_._~-~;-~"---,-------......._---~---
City Council Minutes
October 09,2000
Page 5
Zoning Commission. Mr. Pitstick advised Council that applicant has negotiated a
shared access easement with Winn-Dixie to the east.
Councilman Phifer moved, seconded by Councilman Mitchell to approve PZ 2000-39.
Motion to approve carried 7-0.
11.
PZ 2000-23 - PUBLIC HEARING TO CONSIDER THE REQUEST OF QUIKTRIP
CORPORATION, REPRESENTED BY MCDONALD & ASSOCIATES, FOR A
SPECIAL USE PERMIT FOR A CONVENIENCE STORE WITH GAS SALES WITHIN
200 FEET OF RESIDENTIAL PROPERTY AT 5600 DAVIS, BEING TRACT 17 J OUT
OF THE W. W. WALLACE SURVEY, ABSTRACT 1606. REQUEST BY APPLICANT
TO CONTINUE TO OCTOBER 23,2000 CITY COUNCIL MEETING.
TABLED
Councilman Phifer abstained from discussion and voting.
lO.'...'·,·," Mayor Scoma advised Council that staff received a request from the applicant to table
'"-" ; this item until October 23, 2000.
Ms. Brenda McDonald, representing applicant, advised Council that the Planning and
Zoning Commission tabled this item at their October 12 meeting. The Planning and
Zoning Commission felt this would allow applicant time to address a couple of issues.
Ms. McDonald is requesting Council to table this item until October 23,2000.
Councilman Mitchell moved to table PZ 2000-23 until October 23,2000. Councilman
Trevino seconded the motion.
Motion to table carried 6-0 with Councilman Phifer abstaining.
12.
PZ 2000-20 - SPECIAL PUBLIC HEARING TO CONSIDER THE REQUEST OF
WINKELMANN & ASSOCIATES FOR A ZONING CHANGE ON 17.380 ACRES FROM
R1 SINGLE FAMILY AND C1 COMMERCIAL TO PD-PLANNED DEVELOPMENT
FOR HOME DEPOT, A HOME IMPROVEMENT CENTER WITH OUTDOOR SALES
AND DISPLAY. (THE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF
PRECINCT LINE ROAD AND MID-CITIES BOULEVARD IN THE 9100 BLOCK OF
MID CITIES BOULEVARD) - ORDINANCE NO. 2521
APPROVED
Mr. Michael Clark of Winkelmann & Associates summarized his request.
City Council Minutes
October 09,2000
Page 6
Mr. Pitstick, Director of Development gave the following case chronology:
April 27, 2000 -
May 22,2000 -
Public Hearing and recommendation of denial by the
Planning and Zoning Commission
Public Hearing and 5-2 vote by City Council to approve
Ordinance No. 2483 with stipulations
Planning and Zoning Commission recommends approval of
Final Plat for Home Depot
City Council approves Final Plat for Home Depot
September 14, 2000 -
September 25, 2000 -
This request is a re-hearing of a zoning request originally heard on May 22, 2000. As a
result of a pending law suit, Winkelmann has requested to re-hear this case with a full
15-day newspaper notice.
Specific changes made from the original site plan and are shown on the new site
plan include:
· Relocating an 8 foot masonry wall closer to the building
· Providing an 80 to 100 foot landscaped buffer channel to the north, west and south
side of the building
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· Significant increases in trees and landscaping in buffer areas
· Changing the exterior façade to a split face concrete with limestone veneer finish
· Deleting outside storage areas fronting Mid Cities Boulevard. All outside storage
areas to be directly in front of building and not to be located in parking lot area.
· Restricted access to Precinct Line Road at Wayne and no additional driveways for
out parcels to Precinct Line Road
· Providing traffic light at Mid Cities Boulevard at Home Depot's expense (across from
the street from high school stadium)
The following were stipulations made at the May 22, 2000 City Council meeting.
· Hours of Operation for Home Improvement Center - 6:00am to 10:00 pm Monday
through Saturday and 8:00am to 7:00pm on Sundays
· Truck Delivery Hours for Home Improvement Center - 7:00am to 7:00pm, Monday
through Saturday with no truck deliveries on Sunday
· Main Access to Precinct Line Road - No north bound left turns permitted
City Council Minutes
October 09,2000
Page 7
· Access to Martin Road - Right out only allowed with a truck barrier to only allow
customer traffic
· Traffic Signal at Mid Cities access - A fully accessible traffic signal shall be installed
at the total expense of the home improvement center
· Deliveries on the northeast of the home improvement center be limited to tool pick
up and delivery by the public.
· Deliveries on the northwest side of the home improvement center be limited to
lumber pick up and delivery
· No overnight parking and storage of trucks or trailers allowed on the site
The request before Council is the same exact case brought before them at their May
22, 2000 meeting with one exception. Home Depot is requesting an option to the right
out access on Martin Road depending on the ability of Home Depot acquiring the
necessary access easements to Martin Road.
Council discussed the item.
i/'..'
,0 Councilman Phifer inquired about a request he made when the Council heard the final
plat at their September 25 meeting. He made the request to include the maintenance
of the channel be made party to the plat in the form of a covenant. He was advised at
the Council meeting that the maintenance of the channel was part of the PD-Planned
Development. He does not see it and wants to know if it got included on the plat.
Mr. Greg Dickens, Director of Public Works, advised Councilman Phifer the applicant is
being required to sign a maintenance agreement.
Mayor Scoma opened the public hearing and asked for anyone wishing to speak in
opposition of the request to come forward. The following people spoke in opposition:
Randy Alderman, David Watson (spoke for a group of 10 people), Dennis Buckingham
(spoke for a group of 10 people), Katherine Robinson, Earnest Bernard, Jo-Anne
Beveridge, Myrtis Byrd, Bobbie Eddins, Robin Eddins, Charles Rogers, Faye Rogers,
and Claudia Thompson.
Mayor Scoma recognized Andra and Richard Bennett. They are in opposition to the
request, but did not request to speak.
The Mayor advised Council he received a petition in opposition of the request.
There being no one else wishing to speak in opposition Mayor Scoma asked for anyone
speaking in favor to come forward. Mr. Harvey Greenwald and Michael Clark spoke in
favor of the request.
-- -~._~. -'~'~._,.,-'"_._--_._'~~~---....~"-~-_...._-_..-
City Council Minutes
October 09, 2000
Page 8
Mayor Scoma recognized MaryBeth and Larry Frazee. They are in favor of request, but
did not request to speak.
Councilwoman Johnson moved to approve PZ 2000-20, Ordinance No. 2521 with the
only change from the May 22, 2000 site plan approval to allow the optional right out
only access to Martin. Mayor Pro Tem Welch seconded the motion.
Councilman Metts left the room at 8:59 pm.
Councilman Metts returned to the room at 9:02 pm.
Councilman Mitchell asked Councilwoman Johnson to amend her motion to have no
exit on Martin and open exit/entrances on Precinct Line Road and Mid Cities Boulevard.
Mayor Pro Tem Welch called point of order. He thinks Council should take into
consideration what will happen to the northwest corner of Martin. It is zoned
commercial and what Council decides tonight may have an impact on this property.
Councilwoman Johnson denied Councilman Mitchell's amendment.
0,. ~,,>,"'.",\ Councilman Mitchell is concerned that Council is in the process of piece-mealing Martin
l¡ Drive. In the past Council has discussed their concern with piece-mealing a street.
Councilman Mitchell asked Councilwoman Johnson to amend her motion to include an
optional right out for Home Depot on Martin and unlimited access onto Precinct Line
Road.
Councilwoman Johnson amended her motion. Mayor Pro Tem Welch seconded the
amendment.
After discussion regarding northbound access on Precinct Line Road Councilman
Mitchell asked for an amendment to the motion. He asked Councilwoman Johnson to
include the provision that there be signage indicating there will be no left turns
(northbound access) onto Precinct Line Road between the hours of 7:30 am - 9:00 am
and 4:30 pm - 6:00 pm.
Councilwoman Johnson amended her motion to include the provision. Mayor Pro Tem
Welch seconded the amendment.
Councilman Metts suggested Home Depot put a gate or blockade to eliminate patrons
from going northbound onto Precinct Line Road.
Mayor Scoma advised Council they could address the issue when an ordinance is
brought before them regarding the signage and exits onto Precinct Line Road.
City Council Minutes
October 09,2000
Page 9
Motion to approve carried 6-1 with Mayor Pro Tem Welch, Councilmen Mitchell, Metts,
Trevino, Tolbert and Councilwoman Johnson voting for and Councilman Phifer voting
against.
13.
GN 2000-117 - CONSIDERATION OF JOINING THE CITY OF DENTON VS. TXU
ELECTRIC AND GAS LITIGATION - RESOLUTION NO. 2000-080
APPROVED
Mr. Greg Vick, Managing Director Community Services, advised Council that the City of
Denton has filed suit against TXU Electric and Gas and has asked North Richland Hills
and other cities to join their case. Earlier this year Wharton, Galveston, and Pasadena
won a multimillion dollar judgement against HL&P (Houston Lighting & Power). HL&P is
now known as Reliant Energy. The case was based on claims by the cities that HL&P
had intentionally underpaid franchise fees to the cities. The City of Denton filed suit
against TXU Electric and Gas on similar issues. The City of Denton advised North
Richland Hills if we wish to join this case we need to act by October 20, 2000.
O~,·> The city can join this suit by adopting an ordinance or resolution by October 20th. The
. cost would be $.25 per capita based on our 1990 census and needs to be paid by
October 31. Mr. Vick has had discussions with Mr. Steve Johnson of TXU Electric and
Gas. He verbally indicated there was no need to join the litigation. TXU would be
willing to make each city whole based upon the outcome from the litigation. He and Mr.
Johnson have discussed putting TXU's commitment in writing.
Mr. Vick advised Council that Mr. Steve Johnson with TXU Electric and Gas is present
along with Mike Bucek of Bucek & Frank (one of the attorneys representing the City of
Denton).
Councilwoman Johnson left the room at 9:57 pm.
Councilwoman Johnson returned to the meeting at 9:59 pm.
Mayor Scoma asked why there was a drop-dead date of October 20. Mr. Vick referred
that question to Mr. Bucek.
Councilman Phifer left the room at 9:59 pm.
Councilman Phifer returned to the meeting at 10:03 pm.
Mr. Bucek advised Council that November 1 is the date the lawsuit will be switched over
from a City of Denton lawsuit to the list of steering committee of cities. On October 21st
his firm will come up with a ballot. Every city that has passed a resolution by October
21st can nominate an individual from their city to serve as an officer on the steering
City Council Minutes
October 09,2000
Page 10
committee. If there are 29 or less cities there will be a three-person steering
committee. If there are 30 or more cities there will be a five-person steering committee.
The ballot will be sent out on October 21. The cities will vote for a representative on the
steering committee. The drop-dead date is for the cities that want to be represented by
the steering committee. If North Richland Hills is not interested in voting for a
representative the drop-dead date is October 31,2000.
Mayor Scoma recognized Mr. Johnson. He asked Mr. Johnson to address the issue of
the agreement that would protect the city should deficiencies be found in TXU Electric
and Gas records.
Mr. Johnson advised Council that TXU has offered North Richland Hills the opportunity
to speak with their lawyers. At this time staff has not agreed to meet with TXU's
lawyers.
Mayor Scoma asked Mr. Johnson if TXU would submit a letter to the City of North
Richland Hills stating that TXU would make North Richland Hills whole should there be
deficiencies uncovered as a result of this lawsuit.
Mr. Johnson advised Council that he would not mind writing a letter to the city stating if
O. . '" a deficiency is found in this lawsuit that TXU would review and audit the franchise fees.
. ,If there is anything found to be wrong TXU would make North Richland Hills whole.
Councilman Phifer asked Mr. McEntire if our franchise agreement with TXU has a
provision for audit.
Mr. McEntire advised Council the city has an option to audit, but the city is limited in its
ability to do so. The city has to hire an expert to audit the franchise agreement. Mr.
McEntire suggests that TXU be bound by the terms of the Denton case and hold North
Richland Hills harmless together with any penalty and interest they owe the city.
Councilman Trevino left the room at 10:24 pm.
Councilman Trevino returned to the meeting at 10:26 pm.
Councilman Phifer clarified with Mr. Johnson that TXU would provide the city with a
letter, which stated any finding that resulted in a beneficial impact to the City of North
Richland Hills, TXU would make the city whole.
Mr. Johnson advised Council he is confident that TXU would make the city whole if any
findings were found that would impact TXU as it relates to North Richland Hills
agreement.
Councilwoman Johnson asked for Mr. Cunningham's opinion on the matter before
Council.
City Council Minutes
October 09,2000
Page 11
Mr. Cunningham advised Council he would suggest Council pass the resolution, but
also request TXU to provide the city with a letter containing information that satisfies the
City Attorney and the city would not enter the lawsuit. He believes the most desirable
thing for Council is obtaining the letter from TXU.
Councilman Trevino moved to adopt the resolution with the addendum this resolution
shall be of no force and effect if TXU executes an appropriate hold harmless agreement
approved by the City Attorney and the City Manager. Councilwoman Johnson
seconded the motion.
Motion to approve carried 5-2; with Councilmen Mitchell, Metts, Trevino, Tolbert and
Councilwoman Johnson voting for and Mayor Pro Tem Welch and Councilman Phifer
voting against.
14.
GN 2000-118 -APPROVAL OF NEW COMMITTEE MEMBERS TO THE YOUTH,
ADVISORY COMMITTEE AND REMOVAL OF COMMITTEE MEMBERS FOR NON-
ATTENDANCE
~"'!'>" APPROVED
~O
Ms. Paulette Hartman, Assistant to City Manager, summarized GN 2000-118. In July
the Youth Advisory Council appointed 14 members to the committee. The by-laws
allow for the appointment of 16 members. Two applications were received and the
committee reviewed the applicants at their last meeting. The committee is
recommending the following applicants be appointed to the Youth Advisory Committee
for two-year terms, expiring in May 31,2002:
Ryan Shiflet, Richland High School and Kendra Newton, Birdville High School
In addition, two members have not attended any meetings since August. The
committee is recommending removal of Kira Christopher and Blair Stewart both of
Richland High School. The committee recommends Kendahl Brown of Haltom High
School and Tiffany Sikes of Richland High School to fulfill the remainder of the term
expiring May 31,2001.
Councilman Trevino moved to approve the recommendation. Councilman Tolbert
seconded the motion.
Motion to approve carried 7-0.
15.
GN 2000-119 - RESOLUTION SUPPORTING THE DALLAS 2012 BID COMMITTEE
C·· ~ _..__ _.,.__....e__.cm"'".~.,~~___".~..___"~_,~_.._~_____,
City Council Minutes
October 09,2000
Page 12
IN ITS EFFORTS TO SECURE THE 2012 OLYMPIC GAMES FOR THE DALLAS/FT.
WORTH REGION - RESOLUTION NO. 2000-078
APPROVED
Ms. Paulette Hartman summarized GN 2000-119.
Councilwoman Johnson moved, seconded by Councilman Metts to approve GN 2000-
119, Resolution No. 2000-078.
Motion to approve carried 7-0.
16.
A. CITIZENS PRESENTATION
None.
B. INFORMATION AND REPORTS
(0· ~',.''\
'. 'Fire Department - Sixth Annual Open House on Saturday, October 14 to be held at Fire
Station # 4, 7202 Dick Fisher Drive and will begin at 10:00 a.m. For more information
you can call 427-6900.
Paws to Recycle - Recycle your aluminum cans at the Animal Shelter. Funds from the
recycling benefit the NRH Animal Shelter. The Animal Shelter is located at 7200 Dick
Fisher. For more information you can call 427-6570.
16.
ADJOURNMENT
Mayor Scoma adjourned the meeting at 10:55 pm.
ATTEST:
Charles Scoma - Mayor
Patricia Hutson - City Secretary
...
CITY OF
NORTH RICHLAND HILLS
Departmeflt: Public Works
Council Meeting Date: 10/23/00
PW2000-031
Agenda Number: .
Subject: Approve Aareement with DART for 30-inch Wastewater
Outfall crossing. the Cottonbelt Line at Calloway Branch
(Mile Post 623.836) - Resolution No. 2000-79
The attached agreement is required by DART for all new pipeline crossings. The 30-inch
wastewater outfall line is to be installed just southwest of the Calloway Branch crossing
under the railroad. The proposed 30-inch pipe will carry over twice as much flow as the
existing 21-inch outfall. This line replacement is required as part of the EPA mandated
Wastewater Rehabilitation Project and will be installed early next year in Contract "B".
The attached "license agreement" is the same basic agreement the City has signed
previously for improvements under DART's railroad (PW 93-23 on 6/14/93 and PW 99-19
on 9/27/99). The agreement has been reviewed by the City Attorney and he recommends
approval.
The one-time payment as consideration for this license agreement is $3,270. Sufficient
funds are available in the Wastewater Rehabilitation Project budget to pay for this.
This complies with City Council Goal #4, "cost effective and quality delivery of quality
services" .
Recommendation: To approve Resolution No. 2000-79.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
~
Account Number
Sufficient Funds AVallaD)e
Finance Director
Budget Director
Page 1 0'_
RESOLUTION NO. 2000-79
that:
BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas,
1.
The City Manager be, and is hereby authorized to execute the attached license
agreement with DART for a 30-inch wastewater line crossing under the Cotton belt Line
southwest of Calloway Branch at Mile Post 623.836, as an act and deed of the City.
PASSED AND APPROVED, this 23rd day of October, 2000.
Charles Scoma, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO CONTENT:
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AGREEMENT #
LICENSE AGREEMENT
THIS Agreement, by and between DALLAS AREA RAPID TRANSIT ("DART"), a regional
transportation authority, created, organized and existing pursuant to Chapter 452, Texas Transportation
Code, formerly Article 1118y, VAT.C.S., as amended (the "Act") and the CITY OF NORTH RICHLAND
HILLS, a municipal corporation, ("Licensee"), acting herein by and through its duly authorized city
manager, whose mailing address is P.O. Box 820609, North Richland Hills, Texas 76182-0609.
WIT N E SSE T H:
I. Purpose. DART hereby grants a license to Licensee for the purposes of constructing,
installing, maintaining and operating one (1) buried 30-inch sanitary sewer pipeline (the "Permitted
Improvement") crossing approximately 73.8 feet east of Tecnol Boulevard at Mile Post 623.836, in North
Richland Hills, Tarrant County, Texas, more particularly described as shown in Exhibits "A" attached
hereto and incorporated herein for all pertinent purposes, (the "Property").
The Property shall be used by Licensee solely for the purpose of operating and maintaining the
Permitted Improvement (the "Permitted Use"). Licensee's right to enter upon and use the Property shall
be limited solely to the Permitted Use and the Permitted Improvement.
2. Term. The term of this License shall begin on the 1st day of October, 2000 (the "Term")
and continue thereafter until terminated by either party as provided herein,
3, Consideration. The consideration for the granting of this License shall be (a) payment by
Licensee to DART the sum of THREE THOUSAND TWO HUNDRED SEVENTY AND NO/100
($3,270.00) DOLLARS cash in hand paid by Licensee to DART (the "Licensee Fee"), and (b) the
performance by Licensee of each of the obligations undertaken by Licensee in this License.
4. Non Exclusive License. This license is non-exclusive and is subject to (a) any existing
utility, drainage or communication facility located in, on, under, or upon the Property owned by DART,
any railroad, utility, or communication company, public or private; (b) to all vested rights presently owned
by any railroad, utility or communication company, located within the boundaries of the Property; and (c)
to any existing lease, license or other interest in the Property granted by DART to any individual,
corporation or other entity, public or private.
5. Construction, Operation and Maintenance. DART's use of the Property and adjoining
property may include the use of electrically powered equipment. Notwithstanding DART's inclusion
within its system of measures designed to reduce stray current which may cause corrosion. Licensee is
hereby warned that such measures may not prevent electrical current being present in proximity
to the Permitted Improvements and that such presence could produce corrosive effects to the
Permitted Improvements.
5.01. All construction, reconstruction, replacement, removal, operation and maintenance
of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in
any way with the operations of DART or the operating Railroad (whether one or more).
5.02. Prior to commencing any construction on the Property, a copy of the construction
plans showing the exact location, type and depth of the construction, any cathodic protection measures
and any working area, shall be submitted for written approval to DART. Such approval shall not be
unreasonably withheld. No work shall commence until said plans have been approved by DART.
One (1) buried 30" sanitary sewer pipeline
Page 1 of 5
M.P. 623.836
5.03. By acceptance of this license, licensee agrees to maintain the Permitted
Improvement in such a manner so as not to create a hazard to the use of the Property, and further
agrees to pay any damages which may arise by reason of Licensee's use of the Property under this
Agreement.
5,04. Absence of markers does not constitute a warranty by DART that there are
no subsuñace installations on the Property.
6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for
and shall obtain, any and all licenses, permits, or other approvals from any and all governmental
agencies, federal, state or local, required to carry on any activity permitted herein.
7. DART's Standard Contract and Insurance. No work on the Property shall be commenced
by Licensee or any contractor for Licensee until such Licensee or contractor shall have executed
DART's Standard Construction Agreement and Contractor's Right of Entry covering such work, and has
furnished insurance coverage in such amounts and types as shall be satisfactory to DART.
8. Duty of Care In Construction. Licensee or its contractor shall use reasonable care during
the construction period and thereafter, to avoid damaging any existing buildings, equipment and
vegetation on or about the Property and any adjacent property owned by or under the control of DART.
If the failure to use reasonable care by the licensee or its contractor causes damage to the Property or
such adjacent property, the Licensee and/or its contractor shall immediately replace or repair the
damage at no cost or expense to DART. If Licensee or its contractor fails or refuses to make such
replacement, DART shall have the right, but not the obligation, to make or effect any such repair or
replacement, at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay
DART upon demand.
9. Environmental Protection.
9,01. Licensee shall not use or permit the use of the Property for any purpose that may
be in violation of any laws pertaining to health or the environment, including without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), the
Resource Conservation and Recovery Act of 1976 ("RCRA"), the Texas Water Code and the Texas
Solid Waste Disposal Act.
9.02. Licensee warrants that the Permitted Use of the Property will not result in the
disposal or other release of any hazardous substance or solid waste on or to the Property, and that it will
take all steps necessary to insure that no such hazardous substance or solid waste will ever be
discharged onto the Property by licensee or its Contractors.
9.03, The terms "hazardous substance" and "release" shall have the meanings specified
in CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified
in the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as to
broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the
effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the
State of Texas establish a meaning for "hazardous substance", "release", "solid waste", or "disposal",
which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply.
9,04. licensee shall indemnify and hold DART harmless against all cost of
environmental clean up to the Property resulting from licensee's use of the Property under this
Agreement.
10. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used
in, on, or about the Property and will not permit or suffer any mechanic's or materialmen's liens of any
nature to be affixed against the Property by reason of any work done or materials furnished to the
Property at Licensee's instance or request.
One (1) buried 30" sanitary sewer pipeline
Page 2 of 5
M.P. 623.836
11. Maintenance of completed Improvemenla. The Permitted improvement shall be
maintained by the Licensee in such a manner as to keep the Property in a good and safe condition with
respect to Licensee's use. In the event the Licensee fails to maintain the Property as required, upon
discovery, DART shall notify Licensee of such occurrence in writing. In the event Licensee shall not
have remedied the failure within ten (10) days from the date of such notice, DART shall have the right
but not the obiigation to remedy such faiiure at the sole cost and expense of Licensee. in the event
DART exercises its right to remedy Licensee's failure, Licensee agreeS to immediately pay to DART all
costs incurred by DART upon demand.
12, Future Use by DART.
12.01. This license is made expressly subject and subOrdinate to the right of DART to
use the property for any purpose whatsoever.
12.02. In the event that DART shall, at any time subsequent to the date of this
Agreement, at its sole discretion, determine that the relocation of the Permitted Improvements shall be
necessary or convenient for DARTs use of the Property, Licensee shall, at its soie cost and expense
relocate said Permitted Improvements so as not to interfere with DARTs or DARTs assigns use of the
Property. In this regard, DART may, but is not obligated to, designate other property for the reloCation of
the permitted Improvements. A minimum of thirty (30) days written notice for the exercise of one or
more of the above actions shall be given by DART.
13. Duration of License. This license shall terminate and be of no further force and effect (a) in
the event Licensee shall discontinue or abandon the use of the Permitted Improvements; (b) in the event
Licensee shall reiocate the Permitted Improvements from the Property; (c) upon termination in
accordance with paragraph 18 of this Agreement, whichever event first occurs.
14. complIance With Laws and Regulations. Licensee agrees to abide by and be govemed
by all laWS, ordinances and regulations of any and all govemmental entities having jurisdiction over the
Licensee and by railroad reguiations, policies and operating procedures established by the Railroad, or
other appiicable railroad regulating bodies, and Licensee agrees to indemnify and hold DART harmless
from any failure to so abide and all actions resulting therefrom.
15.01. Licensee shall defend, protect, and keep DART and the Railroad forever
harmless and indemnified against and from any penalty or damage or charge imposed for any violation
of any law, ordinance, rule or regulation arising out of the use of the property by Licensee, its
employeeS, officers, agents, contractors, or assigns, or those holding under Licensee;
15, Indemnification.
15.02. Licensee shall at all times protect, indemnify and tt Is the express intention of
the parties hereto that Licensee hold DART and the Railroad harmless against and from any and all
loss, cost, damage or expense, including attorney's fees, arising out of or from any accident or other
occurrence on or abOut said Property resulling from use of the Property by Licensee, lis officers,
employees, agents, customers and invitees;
15.03. Licensee shall at all times protect. indemnify and hold DART and the Railroad
harmless against and from any and all loss, cost, damage or expense, including attomey's fees arising
out of any failure of Licensee or the Railroad, their employees, officers, agents, contractors or assigns in
any respect to comply with and perform all the requirements and provisions hereof.
16. Action Upon Tennlnatlon of License. Po!. such time as this license may be terminated or
canceled for any reason whatever, Licensee, upon request by DART, shall remove all improvements
and appurtenances owned by it, situaled in, under or attached to the property and shall restore the
property to the condition satisfactory to DART, at Licensee's sole expense.
.'
f
M.P. 623.836
Page 3 of 5
one (1) bUried 30" sanitary sewer pipeline
17. Assignment. Licensee shall not assign or transfer its rights under this Agreement in whole
or in part, or permit any other person or entity to use the License hereby granted without the prior written
consent of DART which DART is under no obligation to grant.
18. Methods of Termination. This Agreement may be terminated in any of the following ways:
18.01. Written Agreement of both parties;
18.02. By either party giving the other party sixty (60) days written notice;
18.03. By either party, upon failure of the other party to perform its obligations as set
forth in this Agreement.
19. Relocation Benefits. The parties hereto agree that the construction of the Permitted
Improvements on the Property shall be subsequent to the acquisition of the Property by DART and that
the Licensee does hereby waive any and all claim that it may have under the Act, or otherwise,
regarding the payment of any and all relocation benefits and that all costs associated with any relocation
of such Improvements shall be borne by the Licensee.
20. Miscellaneous.
20.01. Notice. When notice is permitted or required by this Agreement, it shall be in
writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the
U.S, Mail, Certified, Return Receipt Requested, and addressed to the parties at the following addresses:
DART:
Dallas Area Rapid Transit
P. O. Box 660163
Dallas, Texas 75266-7210
A TTN: Railroad Management
LICENSEE:
City of North Richland Hills
P.O, Box 820609
North Richland Hills, Texas 76182-0609
Either party may from time to time designate another and different address for receipt of notice
by giving notice of such change of address.
20.02. Attornev Fees. Any signatory to this Agreement who is the prevailing party in any
legal proceeding against any other signatory brought under or with relation to this Agreement shall be
entitled to recover court costs and reasonable attorney fees from the non-prevailing party.
20.03. Governina Law. This Agreement shall be construed under and in accordance
with the laws of the State of Texas.
20.04. Entirety and Amendments. This Agreement embodies the entire agreement
between the parties and supersedes all prior agreements and understandings, if any, relating to the
Property and the matters addressed herein, and may be amended or supplemented only by a written
instrument executed by the party against whom enforcement is sought.
20.05. Parties Bound. This Agreement shall be binding upon and inure to the benefit of
the executing parties and their respective heirs, personal representatives, successors and assigns.
20.06. Number and Gender. Words of any gender used in this Agreement shall be held
and construed to include any other gender; and words in the singular shall include the plural and vice
versa, unless the text clearly requires otherwise.
One (1) buried 30" san~1IIY _ pipeline
Page 4 of 5
M.P. 623.836
IN WITNESS WHEREOF, the parties have executed this Agreement in multiple originals this
day of , 2000.
LICENSOR:
DALLAS AREA RAPID TRANSIT
BY:
ROGER SNOBLE
President/Executive Director
LICENSEE:
CITY OF NORTH RICHLAND HILLS
BY:
LARRY CUNNINGHAM
City Manager
APPROVED AS TO FORM:
Office of DART General Counsel
One (1) buried 30" senitaly _ pipeline
Page 5 of 5
M.P. 623.836
EXHIBIT "A"
EDI
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CITY OF
NORTH RICHLAND HILLS
Departnìent: Public Works
Council Meeting Date: 10/23/00
Agenda Number: PW 2000-032
Subject: Approve Bia Fossil Creek Watershed Interlocal
Agreement with North Central Texas Council of
Governments - Resolution No. 2000-83
Council passed Resolution No. 2000-25 on April 10, 2000 (PW 2000-11) which stated
North Richland Hills' intention to participate in the Big Fossil Creek Watershed Flood
Reduction Damage Study. It also authorized the North Central Texas Council of
Governments (NCTCOG) to apply for grant funds from the Texas Water Development
Board (TWDB), which have been approved. A copy of the cover sheet and resolution are
attached for your information.
The Interlocal Agreement is the next step for Tarrant County and the eight cities to take.
As noted on page 4 of the agreement, its objectives are as listed.
1. Reduce flooding risks and provide environmental enhancements in the Watershed.
2. Participate in the Big Fossil Creek Watershed Flood Damage Reduction Study to be
conducted by the Corps of Engineers.
3. Provide an administrative structure for NCTCOG to execute a Planning Study
Agreement with the Corps of Engineers, obtain cost sharing funds from the TWDB,
and establish mechanism to obtain necessary funding and in-kind services from the
parties to this agreement.
A copy of the "Draft Cost Breakdown for Big Fossil Creek Program" is attached behind the
Agreement, as Exhibit "An. This estimate shows the total cost to North Richland Hills to be
$21 ,041. This is slightly more than the amount shown to you previously in April with
Resolution No. 2000-25, but still much less than the amount of $30,000 I stated our share
should not exceed. Cost participation will be spread over 3 years in payments of $10,000
or less. Sufficient monies are available in Unspecified Drainage Fund Balance.
This complies with City Council Goal #3, "protect and maintain property values".
Recommendation: To approve Resolution No. 2000-83.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
fì :t- c..---. 1 Account Number
t;¿ÆJ... ~ SUfficient Funds Avall.O'.
Finance Director
Budget Director
Page 1 of_
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RESOLUTION NO. 2000-83
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 Big
Fossil Creek Watershed Interlocal Agreement with the North Central Texas Council of
Governments concerning cost participation in a flood damage reduction study by the
Corps of Engineers.
PASSED AND APPROVED this the 23rd day of October, 2000.
Charles Scoma, Mayor
ATTEST:
Patricia Hutson, City Secretary
Re
APPROVED AS TO CONTENT:
/
ns, Public Works Director
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Exhibit "A"
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CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 4/10/00
Subject: Biq Fossil Creek Watershed Flood Damaqe Reduction
Study - Resolution No. 2000-25
Agenda Number:
PW 2000-11
Several cities and the North Central Texas Council of Governments have been meeting
and discussing this subject for approximately two years. The U.S. Army Corps of
Engineers (USACE) has developed a potential work program for the study.
The study program would investigate and define potential actions that could be
implemented to:
· Provide policy direction to local governments in the basin study area to stabilize and
reduce future floodplain development impacts on Big Fossil Creek.
· Identify local flooding problems and offer recommendations for the implementation of
stream bank stabilization, riparian habitat reforestation, wetland protection and
creation, and erosion/sedimentation control projects (both Federally funded and locally
funded).
· Identify ecosystem restoration opportunities through the implementation of stream bank
stabilization, riparian habitat reforestation, wetland protection and creation, and
erosion/sedimentation control projects.
. Develop a preliminary recreation and open space plan for proposed project lands.
The potential types of localized flood relief and ecosystem restoration projects to be
investigated would consist of the creation of wetland areas and detention ponds using on-
channel check dams, dams, levees, channels, channel benching, and riparian
reforestation. Stream bank stabilization would include a combination of traditional armor
protection techniques and vegetative treatments.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
0;J
Account Number
Sufficient Funds AvallaDle
Finance Director
Page 1 of 2
CITY OF
NORTH RICHLAND HILLS
Because the Big Fossil Creek Watershed Flood Damage Reduction Study is part of the
larger Upper Trinity River Feasibility Study, the study can be equally cost shared by the
USACE and the local sponsor (NCTCOG on behalf of the participating local governments).
The total cost has been estimated to be $1,500,000. With projected assistance from the
Texas Water Development Board (TWDB) through a planning grant, the remaining
$375,000 would be funded as shown on the cost breakdown labeled Attachment NO.1.
This would include $75,000 non-cash work-in-kind and $300,000 in cash. If all the
prospective participants agree to their share, North Richland Hills' share would be about
$21,000 to be paid in annual payments over a three year period.
Tarrant County, City of Fort Worth, Haltom City, and Richland Hills have all voiced their
support at the planning meetings we have had during the last year. Our share should not
increase to more than $30,000 even if Watauga and Richland Hills decide not to
participate.
The City Manager has written a letter of assurance to the TWDB that NRH wants to
participate in the study in a multi-city/county cooperative effort to address overall flood
management planning in this watershed. The next step is for the City Council to approve
the attached resolution which grants the right for NCTCOG to apply for the grant in their
behalf and states the intent to commit to participate with cash and in-kind services.
Recommendation - To approve Resolution No. 2000-25.
CITY COUNCIL ACTION ITEM
Page 2 of 2
- ..,~_.._.._.~--"-'"---~---
Resolution No. 2000-25
COlPY
WEHREAS, the North Central Texas Council of Governments has facilitated local
governments in pursuit of a COMMON VISION for the Trinity River, including watershed
management planning and stabilization of flood risks; and
WHEREAS, the North Central Texas Council of Governments serves as
administrative agent on behalf of participating local governments in cooperation with the
U.S. Army Corps of Engineers for the Upper Trinity Feasibility Study, which identified
watershed management planning as a potential flood damage reduction alternative; and
WHEREAS, the Big Fossil Creek Watershed of the Upper Trinity River Corridor is
rapidly developing and has historically experienced significant flooding problems; and
WHEREAS, municipal and county jurisdictions within the Big Fossil Creek
Watershed, including but not limited to Tarrant County and the cities of Fort Worth,
Haltom City, North Richland Hills, and Richland Hills, intend to commit local matching
funds in cash and in-kind services for a Flood Protection Planning Study.
NOW, THEREFORE, BE IT RESOLVED:
SECTION 1. That the Executive Director of the North Central Texas Council of
Governments is authorized to apply for a grant for Flood Protection
Planning from the Research and Planning Fund of the Texas Water
Development Board on behalf,of the City of North Richland Hills.
SECTION 2. That, on behalf of the City of North Richland Hills, the Executive
Director of the North Central Texas Council of Governments is
hereby authorized to enter into a contract with the Texas Water
Development Board for a Flood Protection Planning Study for the
Big Fossil Creek Watershed.
SECTION 3. That the City of North Richland Hills intends to commit local
matching funds in cash and in-kind services for a Flood Protection
Planning Study.
PASSED AND APPROVED this the 10th day of April, 2000.
Resolution No. 2000-25
Page 2 of 2
ATTEST:
gal7¿¡Mti ~
Patricia Hutson, City Secretary
,..
THE STATE OF TEXAS
THE COUNTY OF TARRANT
BIG FOSSIL CREEK WATERSHED
INTERLOCAL AGREEMENT
THIS INTERLOCAL Agreement ("Agreement") effective September 21, 2000 is entered into
between the North Central Texas Council of Governments ("NCTCOG"), a political subdivision
of the State of Texas acting by and through its Executive Board; and each of the following
municipal corporations duly incorporated under the Constitution and the laws of the State of
Texas, acting by and through their respective governing bodies: Tarrant County, the cities of
Fort Worth, Haltom City, Haslet, Keller, North Richland Hills, Richland Hills, Saginaw, and/or
Watauga; and other government entities consenting hereto,
WITNESSETH:
WHEREAS, Pursuant to the Interlocal Cooperation Act, Article 4413 (32c), Vernon's
Texas Civil Statutes, as amended (the "Act"), cities, counties, special districts and other legally
constituted political subdivisions of the State of Texas are authorized to enter into interlocal
contracts and agreements with each other regarding governmental functions and services as
set forth in the Act; and,
WHEREAS, the parties to this Agreement recognize that the Big Fossil Creek
Watershed is a unique regional resource in the heart of a growing Metroplex; that local
governments are responsible for the overall health, safety, and welfare of their citizens and thus
must take the lead as stewards of the watershed; and that the actions of upstream and
downstream communities within the watershed directly affect each other such that individual
local goals for flood management, transportation, greenway, waste management, conservation
and development can only be achieved through cooperative management of the watershed;
and,
WHEREAS, the parties to this Agreement have been cooperating and intend to continue
cooperating with each other, the U.S. Army Corps of Engineers, Federal Emergency
Management Agency, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service,
Texas Natural Resource Conservation Commission, Texas Department of Transportation,
Texas Parks and Wildlife Department, Texas Water Development Board and other local, state
and federal entities in pursuit of a Flood Damage Reduction Study for the Big Fossil Creek
Watershed under the auspices of the Upper Trinity River Feasibility Study; and,
WHEREAS, the parties to this Agreement understand that entering into this agreement
in no way obligates any party to implement any project recommended from the planning studies,
and that separate agreements will be negotiated and executed in that regard;
NOW, THEREFORE, for and in consideration of the premises and the mutual covenants
herein contained, agree and bind themselves as follows:
Page 1
ARTICLE 1. - DEFINITIONS
For purposes of this Agreement
BIG FOSSIL CREEK WATERSHED - means the area of Tarrant County in which all land drains
to the Big Fossil Creek, upstream of the point where Big Fossil Creek joins the Trinity River
West Fork. The Watershed begins in northwest Tarrant County southeast of the point that SH
287 (Business) meets SH 287, continuing southeast along the creek south of SH 377 and NE
Loop 820, and southeastward past SH 121.
TRINITY RIVER CORRIDOR - means the bed and banks of the river segments from the dams
of Lewisville Reservoir, Grapevine Reservoir, Lake Worth, Benbrook Reservoir, Lake Arlington
and Mountain Creek Lake downstream to the eastern Dallas County line, and all the adjacent
land area and all water courses contained within the boundaries of the river flood plain for at
least a 1 DO-year flooding evenUrecurrence interval as designated by the Steering Committee.
PROJECT STUDY PLAN - means the Phase II component of the Upper Trinity River Feasibility
Study through which interested local governments can participate with the local and federal
sponsor to address specific needs of an identified sub-area of the Upper Trinity River.
BIG FOSSIL CREEK PROJECT STUDY PLAN - means the plan that will provide the framework
to stabilize and reduce future floodplain development impacts, offer recommendations for
streambank stabilization, identify ecosystem restoration opportunities, and develop preliminary
recreation and open space plans for the Big Fossil Creek Watershed.
PLANNING STUDY PHASES - means the three phases of the US Army Corps of Engineers'
Project Study Plan for the Big Fossil Creek Watershed. Phase 1 would consist of establishing
the hydrologic, engineering, and environmental existing conditions for the study area. New
aerial photography would be the basis for developing digital topographic mapping of the
floodplain. The hydrology and hydraulics models would be builUupdated and an environmental
inventory would be prepared. Phase 2 would consist of investigating all alternatives for
feasibility by determining the costs and benefits associated with each alternative. This phase
would be used to determine the National Economic Development (NED) plan and the Locally
Preferred Plan, if different. Phase 3 would consist of performing the final work necessary to
complete a more detailed design of the NED and Locally Preferred Plan and to prepare the
Feasibility Report and integrated environmental documentation. This phase would include
detailed site investigations, appraisal of all property within the project area, development of
mitigation requirements (if necessary), cultural resources field surveys, finalization of recreation
plans, consideration of neighborhood continuity for the project, and development of construction
cost estimates. A gross real estate appraisal would be prepared. In addition, an analysis of the
financial capability of the potential Sponsor to share in the cost of the project construction would
be performed. The feasibility report would be written and published during this phase,
FEASIBILITY COST SHARING AGREEMENT ("FCSA") - means the agreement negotiated and
executed between the Department of the Army, represented by the Fort Worth District Engineer
of the U.S. Army Corps of Engineers, and the North Central Texas Council of Governments, as
Feasibility Phase sponsor acting on behalf of the local government participants, to share the
cost of conducting the feasibility study as outlined in a detailed Scope of Studies ("SOS").
PLANNING STUDY COST SHARING AGREEMENT ("PSCSA") - means the agreement
negotiated and executed between the Department of the Army, represented by the Fort Worth
District Engineer of the US Army Corps of Engineers, and the North Central Texas Council of
Governments, as Planning Study sponsor acting on behalf of the local government participants,
to share the cost of conducting the planning study as outlined in the detailed Project Study Plan
for the Big Fossil Creek Watershed.
Page 2 ' !
EXECUTIVE COMMITTEE and STUDY MANAGEMENT TEAM - means the two committees
required by the Corps of Engineers regulations to guide the Feasibility Phase of the Trinity River
studies; appointments will be made by the District Engineer and the Steering Committee.
BIG FOSSIL WATERSHED POLICY COMMITTEE - means the committee to guide the
Planning Study Phases of the Project Study Plan for the Big Fossil Creek Watershed, which will
comprise representatives of the local sponsor, federal sponsor, and local government
participants.
LOCAL COOPERATION AGREEMENT ("LCA") - means the agreement negotiated and
executed between the Department of Army and the local project sponsor(s) for implementation
of each specific project recommended in a completed Planning Study.
FLOOD PROTECTION PLANNING - means the process of developing the means of providing
protection from flooding through structural and nonstructural measures, with cost-share funding
available to political subdivisions from the Research and Planning Fund of the Texas Water
Development Board.
Page 3
ARTICLE 2. - PURPOSE OF AGREEMENT
The purpose of this Agreement is to accomplish the following objectives:
Reduce flooding risks and provide environmental enhancements within the Big Fossil Creek
Watershed by participating with the U.S. Army Corps of Engineers and others in the planning
studies and the implementation of specific projects on a cost-sharing basis.
Provide an administrative structure through this Agreement for NCTCOG to execute a Planning
Study Cost Sharing Agreement with the Corps of Engineers, to obtain cost-sharing funds from
the Texas Water Development Board for flood protection planning, and establish the
mechanism to obtain necessary funding and in-kind services from other parties to this
Agreement.
Coordinate with the North Texas Congressional Delegation, the Federal Administration, State
Legislators and others to accomplish the purposes of this Agreement.
Participate in the Big Fossil Creek Flood Damage Reduction Study which, among other tasks: 1)
evaluates and recommends potential structural and/or nonstructural solutions for flood
protection, environmental enhancement; 2) develops up-to-date engineering scale topographic
mapping, cross-sections, profiles, flood elevations, flood plain delineations and planimetrics on
a computer geographic information system; and 3) improves the hydrologic and hydraulic
computer models for use by the Corps of Engineers in the Feasibility Phase, and for use by the
parties, Corps of Engineers and the engineering community in preparing and reviewing permit
applications.
Provide the means for cities, counties, and special districts to negotiate Local Cooperation
Agreement(s) with the Corps of Engineers or others for implementation of specific elements
recommended during the Planning Study or flood damage reduction plan.
Continue cooperation in pursuit of a COMMON VISION for the Trinity River, including flood
damage reduction, transportation, greenway, waste management, conservation, development
and other appropriate elements to achieve a safe, clean, enjoyable, natural, and diverse Trinity
River.
Page 4
ARTICLE 3. - ADMINISTRAIVE AND POLICY STRUCTURE
The administrative and policy structure under this Agreement is as follows:
A Big Fossil Watershed Policy Committee will provide policy guidance for the cooperative
program and make recommendations to the governing bodies of the parties; each party to this
Agreement except NCTCOG will be entitled to appoint one member and a designated alternate
to the Big Fossil Watershed Policy Committee; parties which provide funding support will have
voting representatives, while others will be ex-officio non-voting.
Task Force(s) may be appointed by the Big Fossil Watershed Policy Committee as appropriate
to provide advice and assistance; a Task Force will generally consist of senior staff members
from the participating entities, and may include representatives from other local governments,
state agencies, federal agencies, the private sector, public interest groups, and other
stakeholders from the watershed. The Big Fossil Watershed Technical Committee will be a task
force under this administrative and policy structure.
NCTCOG will be the administrative agent under this Agreement; NCTCOG will submit a
coordinated work program and budget for Big Fossil Watershed Policy Committee approval;
unless modified by the Big Fossil Watershed Policy Committee, each city will contribute it's pro-
rata share for NCTCOG funding support based on the percentage of its jurisdictional land area
within the Big Fossil Creek Watershed.
This Agreement is recognized as a supplemental level of service, and is not intended to
duplicate or diminish the products, assistance, representation, or services received by
participating entities through NCTCOG membership.
The Big Fossil Watershed Policy Committee may seek funding and approve cooperative
planning studies among the parties, with state and federal agencies, and with any other entities
to accomplish the purpose of this Agreement.
The Planning Study Cost Sharing Agreement will be negotiated with the Corps of Engineers,
approved by the Big Fossil Watershed Policy Committee and the Trinity River Steering
Committee, and executed by NCTCOG as the administrative agent; Big Fossil Watershed Policy
Committee will approve the method for calculating and obtaining the local funding and/or in-kind
shares for any of these applications.
The Planning Study developed by the Corps of Engineers and Big Fossil Watershed Policy
Committee is expected to identify elements common to the parties that would need to be jointly
cost-shared for implementation through amendment and extension of this Agreement, and
separable elements that would need to be cost-shared only by the affected parties.
Funding applications and/or agreements for the implementation of each separate element will
be developed, executed and cost-shared by the appropriate city, county or special district or
combination thereof.
In accordance with the Interlocal Cooperation Act, the parties will make payment for services
rendered under this Agreement from available current revenues.
Page 5
ARTICLE 4. - ADDITIONAL PARTIES
Additional political subdivisions in or near the Big Fossil Creek Watershed may become parties
to this Agreement by first obtaining endorsement by the Big Fossil Watershed Policy Committee
and the Trinity River Steering Committee, approving the terms and conditions of this
Agreement, providing pro-rata funding support for NCTCOG and planning studies if it wishes to
have a voting member of the Big Fossil Watershed Policy Committee, and affixing hereto the
signature of its authorized representative indicating the date of approval of this Agreement by
said entity.
ARTICLE 5. - RENEWAL AND AMENDMENTS
This Agreement will be effective for one year from the effective date of the Agreement, and will
be considered automatically renewed for each succeeding year. A party may withdraw from this
Agreement, through a vote of its governing body, provided it has notified Big Fossil Watershed
Policy Committee of such action in writing at least 60 days before its intended withdrawal date.
Amendments may be made to this Agreement upon the approval of the governing bodies of all
parties.
ARTICLE 6. - SEPARABILITY CLAUSE
If any provision in this Agreement of any application hereof shall be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions and the
applications shall not in any way be effected or impaired thereby.
ARTICLE 7. - GOVERNING LAW
This Agreement shall be construed in accordance with and governed by the laws of the State of
Texas.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed and their respective seals to be hereunto affixed and attested, as of the date and year
noted below.
(Signature)
(Signature)
(Typed Name)
(Title)
(Typed Name)
(Title)
(Local Government Participant)
North Central Texas Council of
Governments
Date:
Date:
Page 6
I
~
CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 10/23/00
Subject: Approve Chanoe Order No.1 for Tourist Drive Pavino Agenda Number: PW 2000-033
and Drainage Improvements in the Amount of $45,884.00
This project was recently awarded by Council on September 25, 2000, PW 2000-28, for
$1,110,921.71 to Richard Carr Construction Company. Change Order No.1 is for
installing a 10-foot wide concrete flume, 39-inch diameter storm drain pipe, and two 15-foot
curb inlets off Wind haven Road. These improvements were previously included with the
Calloway Branch Channel Improvements, Section "A". Since the Section "A" project is not
going to be done, the Wind haven Road flume project was taken to the Tourist Drive project
contractor for a change order proposal. This will allow the city to save in engineering
costs, allow us to benefit from the economy of a large project, and quickly get the flume
and pipe installed. The house on Lot 18, Block 8, Windcrest Addition (7128 Windhaven
Road) has flooded several times in the past and this will mitigate the flooding problem for
up to a 100-year storm.
Change Order No,. 1 is for $45,884.00 and will add 30 days to the bid time. The total
contract amount after addition ofthe change order is $1,156,805.71. Sufficient funds have
\. been budgeted in the 2000/2001 CIP Budget to pay for the change order.
, This agenda item meets Council Goal #1 - Safety and Security - People feeling safe any
place any time; public perception and Goal #3 - Quality Redevelopment & Reinvestment-
Protect and maintain property values.
Recommendation - To approve Change Order No.1 with Richard Carr Construction
Company in the amount of $45,884.00 with an increase in the bid time of 30 days.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
~
Account Number 20-06-01-6000
Sufficie t Funds Available
Finance Director
Page 1 of_
K-E-F NO. 3-396
CHANGE ORDER NO. 1 TO THE CONTRACT WHICH WAS DATED
Between
THE CITY OF NORTH RICHLAND HILLS
, (OWNER)
, (CONTRACTOR)
And RICHARD CARR CONSTRUCTION COMPANY
For TOURIST DRIVE PAVING AND DRAINAGE IMPROVEMENTS
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:
Construct 207 L.F. of 39" Dia. And 24" Dia. Storm drain pipe, a concrete flume, and
Inlets as shown on the attached Plans.
BID BID
ITEM DESCRIPTION UNIT PRICE QUANT. TOTAL COST
1P. Remove Exist. Curb & Gutter L.F. $ 3.88 58 $ 225.04
2P. Remove Exist. Flatwork S.F. 0.36 80 28.80
5P. Sawcuts L.F. 2.10 70 147.00
410. 4" Thk. Top Soil S.Y. 2.96 225 666.00
420. Solid Sodding S.Y. 3.26 225 733.50
90. 24" Dia. RCP L.F. 38.59 28 1,080.52
190. 15' Curb Inlet EA. 3,000.00 2 6,000.00
290. 3000 PSI CL "A" Conc. for Flumes C.Y. 315.00 31 9,765.00
300. Weep Holes EA. 21.00 20 420.00
330. Drainage Trench Safety L.F. 2.35 207 486.45
380. 2:27 Conc. Pave. Replacement L.F. 13.92 34 473.28
12P. Type "0" HMAC For Misc. Uses TONS 68.68 37 2,541.16
320. Temp. 5" High Chain Link Fence L.F. 11. 25 165 1,856.25
340. Erosion Control, Silt Fence L.F. 3.05 100 305.00
Sub-Total..................$ 24,728.00
BID BID
ITEM DESCRIPTION UNIT PRICE QUANT.:..
450. 39" Dia. RCP Storm Drain L.F. 82.00 179
21P. 6' High Wooden Fence L.F. 34.00 167
460. Cut Off Flush & Grout in 39" RCP L.S. 800.00 1
TOTAL COST
14.678.00
5.678.00
800.00
TOTAL CHANGE ORDER COST........................................ $ 45.884.00
EXISTING CONTRACT AMOUNT....................................... $ 1.110.921.71
REVISED CONTRACT AMOUNT........................................ $ 1.156.805.71
Contract completion time shall be increased by ~ calendar days because of this
change.
Page 1 of 2
Oct-09-Z000 01:1Bpm From-
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Page 2
September 20. 2000
Change Order No. 1
ROPOSED CHANGE:
/o/&q/m
By:
Date:
OMMF.NDATION OF ACCEPTANCE:
, ~ Date: ~/O&f/ri
By:
OWNER'S ACCEPTANCE OF CHANGE:
By:
Date:
Page 2 of 2
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CITY OF
NORTH RICHLAND HILLS
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Department: Police Department
Council Meeting Date: 1 0-23-2000
Subject: Authorize Payment to Motorola for Radio Maintenance Agreement - Agenda Number: PAY 200Q-006
Resolution No, 2000-081
The annual maintenance agreement for all Motorola radios and related equipment is now
due in the amount of $182,959.01. The City receives a discount if this agreement is paid
annually instead of monthly. The Department is repaid a large portion of this amount from
income from the Interlocal Agreements with other area cities.
Currently, there are 2,318 radios and 22 radio consoles covered by this contract along with
some additional miscellaneous equipment. The Interlocals that were written to
accommodate this contract were implemented so as to provide bulk discounting, thereby
alleviating some of the costs on a per agency basis. There is also an annual discount rate
of .026914 that is applied if the contract is paid in an annual, lump sum payment. The
contract allows for the repair of our radio equipment, replacement of portable antennas if
lost or damaged, replacement batteries for portables and other such items of benefit to the
agencies represented.
Funding Source:
115-8012-531.43-65
001-9006-532.34-30
$ 161,612.93
$ 21,346.08
Recommendation: Approve Resolution No. 2000-081 authorizing payment to Motorola
Communications for annual maintenance charges in the amount of $182,959.01.
Finance Review
Source of Funds:
Bonds (GO/Rev,)
Operating Budget
Other
~
115-8012-531.43-65 &
Account Number 001-9006-532,34-30
Su i ient Funds Available
Budget Director
Page 1 of 1
RESOLUTION NO. 2000-081
WHEREAS, the City of North Richland Hills has a continuing maintenance agreement
with Motorola to provide service for all radios and related Motorola equipment; and
WHEREAS, the City of North Richland Hills continues to receive a discount if this
agreement is paid annually instead of monthly; and
WHEREAS, the total annual amount for the period from October 1, 2000 through
September 30, 2001 was billed by Motorola in the amount of $182,959.01; on October
1, 2000.
WHEREAS, the Police Department is repaid a large portion of this amount from income
from the Interlocal Agreement with other area cities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS THAT:
The City Manager be, and is hereby, authorized to pay the annual charges by Motorola
in the amount of $182,959.01 from the following accounts:
001-8012-531.43-65
001-9006-532.34-30
$161,612.93
$ 21,346.08
PASSED BY THE CITY COUNCIL this the 23rd day of October 2000.
APPROVED:
Charles Scoma, Mayor
ATTEST:
Patricia Hutson, City Secretary
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Motorola Service Agreement Terms and Conditions
THIS SERVICE AGREEMENT is entered into by and between Motorola, Inc. ("Motorola")
and the customer named in this Agreement's Attachments ("Customer").
SECTION 1 DEFINITIONS. "Service Agreement" means this Service Agreement and
its Attachments; "Equipment" means, collectively and in part, the communication equipment that
is specified in the Attachments or that is subsequently added to this Service Agreement.
SECTION 2 ACCEPTANCE The terms and conditions set forth in this Service
Agreement and in Attachments will become the Service Agreement only when acknowledged and
accepted in writing by Motorola's Schaumburg, Illinois Service Department.
SECTION 3 SERVICE DEFINED A. Motorola agrees to provide services for the
Equipment as specified in the Attachments and in accordance with the following standards: (i)
Motorola parts or parts of equal quality that are new or are warranted as "like new" will be used;
(ii) the Equipment will be Serviced at levels set forth in Motorola's product manuals; and (iii)
routine service procedures that are prescribed from time to time by Motorola for its products will
be followed. B. All communication equipment purchased by Customer from Motorola
("Additional Equipment") that is part of the same communications system or of similar type as the
Equipment covered under this Service Agreement will be automatically added to this Service
Agreement and will be billed at the applicable rates after the warranty period has expired,
Motorola may also provide additional services ("Above-Contract Services") at Customer's request
that will be billed at Motorola's then applicable service rates. C, All Equipment must be in
working order on the Start Date of the Service Agreement or at the time the Equipment is added
to the Service Agreement. Customer must provide a complete serial number and model number
list either prior to the Start Date or prior to the time that the Equipment is added to the Service
Agreement and must indicate in the Attachments any Equipment that is labeled intrinsically safe
for use in hazardous environments. D, Customer must immediately notify Motorola in writing
when any Equipment is lost, damaged, or stolen. Customer's obligation to pay Service fees for
such Equipment will terminate at the end of the month in which Motorola receives such written
notice. E. If Equipment cannot, in Motorola's opinion, be properly or economically serviced for
any reason including excessive wear, unavailability of parts, the state of technology, or the
practical feasibility of the scope of Services as specified in the Attachments or Motorola
Statement of Work, Motorola may: (1) modify the scope of Services related to such Equipment;
(2) remove such Equipment from Service Agreement; or (3) increase the price to Service such
Equipment. F. Customer must notify Motorola or Motorola's Subcontractor immediately of any
Equipment failure. Motorola will respond to Customer's notification in a manner consistent with
the level of service purchased as indicated in the Attachments.
SECTION 4 EXCLUDED SERVICES A. Service does not include the repair or
replacement of Equipment that has become defective or damaged due to physical or chemical
misuse or abuse from causes such as lightning, power surges, or liquids. B. Unless specifically
included in the Attachments, Service does not include repair or maintenance of any transmission
line, antenna, tower or tower lighting, duplexer, combiner, or multi coupler. Motorola has no
obligation or responsibility for any transmission medium, such as telephone lines, computer
networks, or the worldwide web, or for Equipment malfunction caused by such transmission
medium. C, Unless specifically included in the Attachments, Service of Equipment does not
include items that are consumed in the course of normal operation of the Equipment, such as, but
not limited to, batteries, magnetic tapes, and computer supplies, D, Service does not include
reprogramming of Equipment; accessories, belt clips, or battery chargers; custom or Special
Products; modified units; or software. E, Service does not include certification programs,
software support, reprogramming, or modifications to Equipment related to assuring the correct
processing, providing, or receiving of date data from, into, or between the year 1999 and the year
2000.
SECTION 5 RIGHT TO SUBCONTRACT/ASSIGNMENT Motorola may assign its
rights and obligations under this Service Agreement and may subcontract any portion of
Motorola's performance called for by this Service Agreement.
Page 1 of3
Motorola Service Agreement Tem1s and Conditions
SECTION 6 TIME AND PLACE OF SERVICE Service will be provided at the location
specified in the Attachmeñts. When Motorola performs service at the Equipment's location,
Customer agrees to provide Motorola, at no charge, a non-hazardous environment for work with
shelter, heat, light, and power and with full and free access to the Equipment. Customer will
provide all information pertaining to the hardware and software elements of any system with
which the Equipment is interfacing that enable Motorola to perform its obligations under this
Service Agreement. Unless otherwise specified in the Attachments, the hours of Service will be
hours of 8:30 a.m. to 4:30 p.m., excluding weekends and holidays.
SECTION 7 PAYMENT Motorola will invoice Customer in advance for each
payment period. All other charges will be billed monthly, and Customer must pay each invoice
within thirty (30) days of the invoice date to the Motorola office designated by Motorola.
Customer agrees to reimburse Motorola for all property taxes, sales and use taxes, excise taxes,
and other taxes or assessments (except income, profit, and franchise taxes of Motorola) now or
hereafter imposed on this Service Agreement by any governmental entity. Motorola does not by
this Agreement make any price guarantees except as stated in the Order Form.
SECTION 8 WARRANTY Motorola warrants that its Services under this Service
Agreement will be free of defects in materials and workmanship for a period of ninety (90) days
beyond the expiration or termination of this Agreement. Customer's sole remedies are to require
Motorola to re-perform the affected Service or to refund, on a pro-rata basis, the Service fee paid
for the affected Service. MOTOROLA DISCLAIMS ALL OTHER EXPRESS OR IMPLIED
WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SECTION 9 CERTIFICATION DISCLAIMER Unless signed by a Motorola
authorized signatory, Motorola specifically disclaims all certifications regarding the manner in
which Motorola conducts its business or performs its obligations under this Service Agreement.
SECTION 10 DEFAULTITERMINATION A. Customer agrees to provide Motorola
written notice of any default of this Service Agreement to state the nature of the default.
Noncompliance with regulatory laws or disadvantaged business entity requirements may not be
cause for default. If Motorola does not cure the default within sixty (60) days, Customer may
terminate that portion of the Service Agreement that is in default by giving Motorola thirty (30)
days prior written notice. B. Any dispute will be resolved by mutual agreement. C, Neither
party is liable for delays or lack of performance resulting from any causes such as strikes,
material shortages, or acts of God that are beyond that party's reasonable control.
SECTION 11 LIMITATION OF LIABILITY Notwithstanding any other provision,
Motorola's total liability for losses, whether for breach of contract, negligence, indemnity,
warranty, or strict liability in tort, is limited to the price of twelve months of Services sold. IN NO
EVENT WILL MOTOROLA BE LIABLE FOR LOSS OF USE, LOSS OF TIME,
INCONVENIENCE, LIQUIDATED DAMAGES, COMMERCIAL LOSS, LOST PROFITS OR
SAVINGS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.
SECTION 12 EXCLUSIVE TERMS AND CONDITIONS A. Customer acknowledges
that the Service Agreement supersedes all prior and concurrent agreements and understandings,
whether written or oral, related to the services performed. The Service Agreement or
Attachments may not be altered, amended, or modified except by a written agreement signed by
both parties. B. Customer agrees to reference this Service Agreement on all purchase orders
issued pursuant to this Service Agreement. Neither party will be bound by any terms contained
in Customer's purchase order or elsewhere (even if it is attached to the Service Agreement), In
the event of a conflict between the main body of this Service Agreement and any Addenda or
Attachments, the main body of this Service Agreement will take precedence, unless the
Addendum or Attachment specifically states otherwise.
Page 2 of3
Motorola Service Agreement Terms and Conditions
SECTION 13 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely
responsible for obtaining licenses or other authorizations required by the Federal
Communications Commission (" FCC ") or any other federal, state, or local government agency
and for complying with all rules and regulations required by such agencies. Neither Motorola nor
any of its employees is an agent or representative of Customer in any governmental matters.
SECTION 14 OWNERSHIP OF INTELLECTUAL PROPERTY A. This Service
Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right
or license under any Motorola patent, copyright, trade secret, or other intellectual property
including any intellectual property created as a result of or related to the products sold or
Services performed under this Service Agreement. B. Motorola reserves the right to limit
access to its confidential and proprietary information including cost and pricing data.
SECTION 15 GENERAL TERMS A. If any court renders any portion of this Service
Agreement unenforceable, the remaining terms will continue in full force and effect. B. THIS
SERVICE AGREEMENT AND THE RIGHTS AND DUTIES OF THE PARTIES WILL BE
GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
ILLINOIS. C. Failure to exercise any right will not operate as a waiver of that right, power, or
privilege. D. Except for money due upon an open account, no action may be brought for any
breach of this Service Agreement more than one (1) year after the accrual of such cause of
action. E. The Service Agreement will begin on the Start Date specified in the Attachments.
This Service Agreement will renew, for an additional one year term, on every anniversary of the
Start Date unless either party notifies the other of its intention to discontinue the Agreement
within thirty days of that anniversary date. F. If Motorola provides Service after the termination
or expiration of this Agreement, the terms and conditions and any prices in effect at the time of
the termination or expiration will apply to that Service.
Revision Date 3/98
SELLER:
MOTOROLA, INC.
CUSTOMER:
By:
S
TitleO J§~F ~
Date: \b\~\~
\ \
Name:
Title:
Date:
Page 3 of3
Motorola Service Agreement Terms and Conditions
CITY OF
NORTH RICHLAND HILLS
Department: Police Department
Council Meeting Date: 10-23-2000
Subject: Authorize Payment to Motorola for Annual Mobile Data Terminal
Service Agreement Hesolutlon No. 2000-062
Agenda Number: PAY 2000-007
The annual Mobile Data Terminal Service Agreement fees are now due in the amount of
$45,276.00. The department is repaid a large portion of this amount from income as
agreed to in the Interlocal Agreements with other area cities; therefore, limited funds are
expended by North Richland Hills from either General Fund or Crime Control District
accounts.
The fees attached to this contract allow us to operate a multi-jurisdictional Mobile Data
Terminal (MDT) system for three (3) entities. There are a total of seventy-eight (78) data
devices operating on the system at this time.
North Richland Hills PD, Haltom City PD, and Hurst PD will remain under the current
agreement and annual payments.
The total amount of the contract is $45,276.00, which covers all radio and microwave
infrastructure maintenance costs as well as maintenance costs for the data devices.
Recommendation:
"-
Approve Resolution No. 2000-082 authorizing payment to Motorola for the annual Mobile
Data Terminal Service Agreement fees in the amount of $45,276.00.
Source of Funds:
Bonds (GO/Rev,)
Operating Budget
Other
Finance Review
Account Number 115-8011-531.43-67
SUÆ~i n, t Funds AV,aila~le .-//' .
i /' J ~/ ~A/,/í _'1/ ~
L.-t:- '...... ¡'L-, ,//j. '-r: Budget Director
"--
Page 1 of -1
--_.,.__.."-"~--~"_.,_.,_."~.._----,------,--_.,---,,_...~..~--~._--,~_._.__.~._~-~
"
RESOLUTION NO. 2000-082
WHEREAS, the City of North Richland Hills has a continuing service agreement with
Motorola to provide service for all Mobile Data Terminals and related; and
WHEREAS, the City of North Richland Hills continues to receive a discount if this
agreement is paid annually instead of monthly; and
WHEREAS, the total annual amount for the period from October 1, 2000 through
September 30, 2001 was billed by Motorola in the amount of $45,276.00; on October 1,
2000.
WHEREAS, the Police Department is repaid a large portion of this amount from income
from the Interlocal Agreement with other area cities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICH LAND HILLS THAT:
The City Manager be, and is hereby, authorized to pay the annual charges by Motorola
in the amount of $45,276.00 from the following account:
115-8011-531.43-67
$45,276.00
PASSED BY THE CITY COUNCIL this the 23rd day of October 2000.
APPROVED:
Charles Scoma, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO
L
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Motorola Service Agreement Terms and Conditions
THIS SERVICE AGREEMENT is entered into by and between Motorola, Inc. ("Motorola")
and the customer named in this Agreement's Attachments ("Customer").
SECTION 1 DEFINITIONS. "Service Agreement" means this Service Agreement and
its Attachments; "Equipment" means, collectively and in part, the communication equipment that
is specified in the Attachments or that is subsequently added to this Service Agreement.
SECTIO~.2 . .~C:CEPTANCE, The terms and conditions set forth in this Service
Agreement and in Attachments will become. the Service Agreement only when acknowledged and
accepted in ~ritirlg by ~otorol~'s ~chaumburg, Illinois Service Department.
, ....'...,
SECTION 3 SERVICE DEFINED A. Motorola agrees to provide services for the
Equipment as specified in the Attachments and in accordance with the following standards: (i)
Motorola parts or parts of equal quality that are new or are warranted as "like new" will be used;
(ii) the Equipment will be Serviced at levels set forth in Motorola's product manuals; and (iii)
routine service procedures that are prescribed from time to time by Motorola for its products will
be followed. B. All communication equipment purchased by Customer from Motorola
("Additional Equipment") that is part of the same communications system or of similar type as the
Equipment covered under this Service Agreement will be automatically added to this Service
Agreement and will be billed at the applicable rates after the warranty period has expired.
Motorola may also provide additional services ("Above-Contract Services") at Customer's request
that will be billed at Motorola's then applicable service rates. C. All Equipment must be in
working order on the Start Date of the Service Agreement or at the time the Equipment is added
to the Service Agreement. Customer must provide a complete serial number and model number
list either prior to the Start Date or prior to the time that the Equipment is added to the Service
Agreement and must indicate in the Attachments any Equipment that is labeled intrinsically safe
for use in hazardous environments. D. Customer must immediately notify Motorola in writing
when any Equipment is lost, damaged, or stolen. Customer's obligation to pay Service fees for
such Equipment will terminate at the end of the month in which Motorola receives such written
notice. E. If Equipment cannot, in Motorola's opinion, be properly or economically serviced for
any reason including excessive wear, unavailability of parts, the state of technology, or the
practical feasibility of the scope of Services as specified in the Attachments or Motorola
Statement of Work, Motorola may: (1) modify the scope of Services related to such Equipment;
(2) remove such Equipment from Service Agreement; or (3) increase the price to Service such
Equipment. F. Customer must notify Motorola or Motorola's Subcontractor immediately of any
Equipment failure. Motorola will respond to Customer's notification in a manner consistent with
the level of service purchased as indicated in the Attachments.
SECTION 4 EXCLUDED SERVICES A. Service does not include the repair or
replacement of Equipment that has become defective or damaged due to physical or chemical
misuse or abuse from causes such as lightning, power surges, or liquids. B. Unless specifically
included in the Attachments, Service does not include repair or maintenance of any transmission
line, antenna, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no
obligation or responsibility for any transmission medium, such as telephone lines, computer
networks, or the worldwide web, or for Equipment malfunction caused by such transmission
medium. C. Unless specifically included in the Attachments, Service of Equipment does not
include items that are consumed in the course of normal operation of the Equipment, such as, but
not limited to, batteries, magnetic tapes, and computer supplies. D. Service does not include
reprogramming of Equipment; accessories, belt clips, or battery chargers; custom or Special
Products; modified units; or software. E. Service does not include certification programs,
software support, reprogramming, or modifications to Equipment related to assuring the correct
processing, providing, or receiving of date data from, into, or between the year 1999 and the year
2000.
SECTION 5 RIGHT TO SUBCONTRACT/ASSIGNMENT Motorola may assign its
rights and obligations under this Service Agreement and may subcontract any portion of
Motorola's performance called for by this Service Agreement.
Page 1 of3
Motorola Service Agreement Terms and Conditions
.._----~~-----.._-'---'---------~-,.__.__._--'_.__.,-- .
"
SECTION 6 TIME AND PLACE OF SERVICE Service will be provided at the location
specified in the Attachments. When Motorola performs service at the Equipment's location,
Customer agrees to provide Motorola, at no charge, a non-hazardous environment for work with
shelter, heat, light, and power and with full and free access to the Equipment. Customer will
provide all information pertaining to the hardware and software elements of any system with
which the Equipment is interfacing that enable Motorola to perform its obligations under this
Service Agreement. Unless otherwise specified in the Attachments, the hours of Service will be
hours of 8:30 a.m. to 4:30 p.m., excluding weekends and holidays.
SECTION 7 PAYMENT Motorola will invoice Customer in advance for each
payment period. All other charges will be billed monthly, and Customer must pay each invoice
within thirty, (30) days of the invoice date to the Motorola office designated by Motorola.
Customer agreesto reimburse Motorola for all property taxes, sales and use taxes, excise taxes,
and other taxes or assessments (except income, profit, and franchise taxes of Motorola) now or '
hereafter imposed on this Service Agreement by any governmental entity. Motorola does not by
this Agreement make any price guarantees except as stated in the Order Form.
SECTION 8 WARRANTY Motorola warrants that its Services under this Service
Agreement will be free of defects in materials and workmanship for a period of ninety (90) days
beyond the expiration or termination of this Agreement. Customer's sole remedies are to require
Motorola to re-perform the affected Service or to refund, on a pro-rata basis, the Service fee paid
for the affected Service. MOTOROLA DISCLAIMS ALL OTHER EXPRESS OR IMPLIED
WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SECTION 9 CERTIFICATION DISCLAIMER Unless signed by a Motorola
authorized signatory, Motorola specifically disclaims all certifications regarding the manner in
which Motorola conducts its business or performs its obligations under this Service Agreement.
SECTION 10 DEFAULTITERMINATION A. Customer agrees to provide Motorola
written notice of any default of this Servicè 'Agreement to state the nature of the default.
Noncompliance with regulatory laws or disadvantaged business entity requirements may not be
cause for default. If Motorola does not cure the default within sixty (60) days, Customer may
terminate that portion of the Service Agreement that is in default by giving Motorola thirty (30)
days prior written notice. B. Any dispute will be resolved by mutual agreement. ,C. Neither
party is liable for delays or lack of performance resulting from any causes such as strikes,
material shortages, or acts of God that are beyond that party's reasonable control.
SECTION 11 LIMITATION OF LIABILITY Notwithstanding any other provision,
Motorola's total liability for losses, whether for breach of contract, negligence, indemnity,
warranty, or strict liability in tort, is limited to the price of twelve months of Services sold. IN NO
EVENT WILL MOTOROLA BE LIABLE FOR LOSS OF USE, LOSS OF TIME,
INCONVENIENCE, LIQUIDATED DAMAGES, COMMERCIAL LOSS, LOST PROFITS OR
SAVINGS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.
SECTION 12 EXCLUSIVE TERMS AND CONDITIONS A. Customer acknowledges
that the Service Agreement supersedes all prior and concurrent agreements and understandings,
whether written or oral, related to the services performed. The Service Agreement or
Attachments may not be altered, amended, or modified except by a written agreement signed by
both parties. B. Customer agrees to reference this Service Agreement on all purchase orders
issued pursuant to this Service Agreement. Neither party will be bound by any terms contained
in Customer's purchase order or elsewhere (even if it is attached to the Service Agreement). In
the event of a conflict between the main body of this Service Agreement and any Addenda or
Attachments, the main body of this Service Agreement will take precedence, unless the
Addendum or Attachment specifically states otherwise.
Page 2 of3iMotorola Service Agreement Terms and Conditions
SECTION 13 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely
responsible for obtaining licenses or other authorizations required by the Federal
Communications Commission ("FCC ") or any other federal, state, or local government agency
and for cómplying with all rules and regulations required by such agencies. Neither Motorola nor
any of its employees is an agent or representative of Customer in any governmental matters.
SECTION 14 OWNERSHIP OF INTELLECTUAL PROPERTY A. This Service
Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right
or license under any Motorola patent, copyright, trade secret, or other intellectual property
including any intellectual property created as a result of or related to the products sold or
Services performed under this Service Agreement. B. Motorola reserves the right to limit
access to its confidential and proprietary information including cost and pricing data.
SECTION 15 GENERAL TERMS A. If any court renders any portion of this Service
Agreement unenforceable, the remaining terms will continue in full force and effect. B. THIS
SERVICE AGREEMENT AND THE RIGHTS AND DUTIES OF THE PARTIES WILL BE
GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
ILLINOIS. C. Failure to exercise any right will not operate as a waiver of that right, power, or
privilege. D. Except for money due upon an open account, no action may be brought for any
breach of this Service Agreement more than one (1) year after the accrual of such cause of
action. E. The Service Agreement will begin on the Start Date specified in the Attachments.
This Service Agreement will renew, for an additional one year term, on every anniversary of the
Start Date unless either party notifies the other of its intention to discontinue the Agreement
within thirty days of that anniversary date. F. If Motorola provides Service after the termination
or expiration of this Agreement, the terms and conditions and any prices in effect at the time of
the termination or expiration will apply to that Service.
Revision Date 3/98
SELLER:
MOTOROLA, INC.
CUSTOMER:
By:
Name:
Title: ~'SÏs.,~ ~/ Title:
Date:~ /0 I>-{ öb Date
Page 3 of3
Motorola Service Agreement Terms and Conditions
.'
CITY OF
NORTH RICHLAND HILLS
'---
Department: Planning & Inspections Department
Council Meeting Date: 10/23/00
Subject:Consider Final Plat of Lot 16, Block 5, Hewitt Estates Addition Agenda Number:PS 2000-20
as requested by Marie Melboume. This 0.603 acre tract is located at 7613 Buck Street.
CASE SUMMARY
Mrs. Marie Melbourne has requested consideration of this final plat of Lot 16, Block 5,
Hewitt Estates Addition. This property is located at 7613 Buck Street and contains 0.6003
acres. The purpose of platting this property is for future construction of a single-family
residence.
As indicated by the Public Works memo, one main issue with this plat is fire hydrant
coverage. This property is currently not contained in the 500-foot radial distance of a fire
hydrant. The existing water main is a 2" main. The city does have plans to construct of a
main in the future. A fire hydrant will be installed at that time.
Another concern is the requirement for sidewalks to be constructed. The applicant is
requesting waiver of this requirement at this time however, they are willing to sign an
agreement to construct them in the future. Other issues are outlined in the Public Works
memo dated October 5, 2000. The applicant has responded to these concerns in a letter
dated September 26, 2000 and has updated the plat accordingly.
The proposed plat and development is in conformance with the current Thoroughfare Plan
and Comprehensive Land Use Plan.
RECOMMENDATION:
The Planning & Zoning Commission met on Thursday, October 12 and voted 5-0 to
recommend approval of Lot 16, Block 5, Hewitt Estates Addition with the stipulation
that a hold harmless agreement for fire service be filed and a covenant agreement
for construction of a future sidewalk be received.
If the City Council determines that this plat meets all city regulations, the following
motion is recommended:
Approval of PS 2000-20 for a Final Plat of Lot 16, Block 5, Hewitt Estates Addition
Addition with the stipulation that a hold harmless agreement for fire service be flied
and a covenant agreement for construction of a future sidewalk be received.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _ Â )
Other - ~(/
~~
Department Head Signature
Finance Review
Account Number
Sufficient Funds Available
Finance Director
~~~nmuÆ
L:\Cases\PS Cases\2000 Plats\PS 2000-06-41 Lot AR1 Ind Park.doc
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CUIIENT T
5.
PS-2000-20
CONSIDER FINAL PLAT OF LOTS 16, BLOCK 5, HEWITT ESTATES
ADDITION AS REQUESTED BY MARIE MELBOURNE. THIS 0.603ACRE
TRACT IS LOCA TED AT 7613 BUCK STREET.
APPROVED
Bill Melbourne came forward and explained the request. Mr. Melbourne said that
he was aware that the proposed plat did not have adequate fire service with a 2
inch water line. He said he and his wife would sign a hold harmless waiver from
fire liability until the City was able to build a 6 inch water main in front of his lot.
He also stated that he would sign a covenant for constructing a future sidewalk
on this lot.
The chair entertained a motion. Mr. Lueck made a motion to recommend
approval of this request as stated by Mr. Melbourne. Mr. Laubacher seconded
the motion. The motion passed unanimously (5-0).
Page 3 10/14/00
P & Z Minutes
Bill Me1boum
Marie Melboum
1205 Bradford Drive
Hurst, TX 76053
(817) 284-0722
John Pitstick
Development Director
City of North Richland Hills
September 26, 2000
RE: 7613 Buck Street, Hewitt Estates PZ 2000-15
We have been notified by public works that the plat submitted by us does not
meet the City requirements in regard to fire hydrants and sidewalks.
Concerning the issue of fire protection at 7613 Buck Street, at this time the site
is covered by the 800 foot lay line and partially by the 500 foot radius. Our
insurance carrier will grant us fire protection coverage with the 800 foot lay
line, We understand that the city in 1997 bad approved this type fire protection
for a house further west ftom our lot on Buck Street. We have been advised by
public works that Buck Street will be upgraded in the near future with 6" water
lines and more fire hydrants. Our proposal to this costly problem would be to
sign a release to the City of North Richland Hills absolving them of any liability
should there be a fire. This document would be in effect until the proposed
improvements are completed.
The other item mentioned by public works was the absence of sidewalks, At
his time there are no sidewalks on Buck Street. We would be happy to sign an
agreement with the City to pay for the sidewalks should the City install them in
the future.
We hope that these two proposals will meet with your approval there by
allowing us to obtain a building pennit.
",
NI~H
Public Works / Administration
CITY OF NORTH RICHLAND HILLS
October 5, 2000
MEMO TO: Planning and Zoning Commission
FROM: Julia W. Skare, P.E., Senior Staff Engineer
SUBJECT: PS2000-20; HEWITT ESTATES, BLOCK 5, LOT 16; Final Plat
We have reviewed the plat and plans submitted to this office on October 3, 2000 and
offer the following comments.
1. UTILITY EASEMENT A 7.5 foot utility easement has been dedicated along the side
and fear property lines as required.
2. FIRE HYDRANT The property is not contained in the 500-foot radial distance of a
fire hydrant. The existing water main is a 2" main. The City plans the construction
of a main in the future. A fire hydrant will be installed at that time.
3. DRAINAGE Public Works is not opposed to a site specific grading plan in lieu of a
drainage study. The grading plan submitted will need to be revised to show the
specific house footprint, driveway, etc. The majority of the lot needs to drain to Buck
Street and then to the east.
4. SIGNATURES The appropriate signatures need to be added to the Owner's
Acknowledgment and Dedication on the final plat. In addition, the surveyor's seal
and signature needs to be added to the mylar of the final plat.
5. SIDEWALKS The Subdivision Regulations require sidewalks adjacent to all public
streets. The sidewalks have been shown on the grading plan as required.
A separate lettef addressed to the Engineer will outline items specific to the construction
plans.
~ -.fr.~
Seni Staff Engineer /
JWSJI)mb/pwm20OQ-190
cc: Gregory W. Dickens, P.E., Public Works Director
Mike Curtis, P.E., Assistant Public Works Director
P.O. Box 820609 * North Richland Hills, Texas * 76182-0609
7301 Northeast Loop 820 * 817-427-6400 * FAX 817-427-6404
CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections Department
Council Meeting Date:
10/23/00
Subject: Public hearing to consider the appeal of QuikTrip Corp., Agenda Number: PZ 2000-23
represented by McDonald & Associates, for a Special Use Permit for a convenience
store with gas sales within 200 feet of residential property at 5600 Davis, being Tract 17
J out ofthe W. W. Wallace Survey, Abstract 1606.
Ordinance Number: 2524
Background
QuikTrip Corporation has submitted an application requesting a Special Use Permit for
construction of a 4,900 square foot one-story convenience Store with accessory gasoline sales
within 200 feet of residential property, in conformance with the attached Site Plan. The tract in
question is located at 5600 Davis Boulevard.
The property is zoned C1 Commercial. The Zoning Regulations require a Special Use Permit to
allow the use of a Convenience Store when residential property is within 200 feet. In this case,
residential property abuts the tract to the North, South and East. A mini-warehouse facility and
candle shop is located across Davis to the West
A Special Use Permit is intended to provide flexibility by allowing certain types of uses in areas
where special conditions may need to be considered to reduce adverse effects on adjacent or
surrounding properties.
This request was originally postponed by the Planning & Zoning Commission and rescheduled.
The current site plan meets the City's requirements for landscaping, signage, screening walls
and parking. The revised site plan includes a convenience store with canopy for 24 gas pumps.
The convenience store site includes all but 47 feet of frontage on a 6 acre site. The proposed
QuikTrip site includes 2 acres. The rear 4 acres is proposed to be used as a detention pond
and office uses.
QuikTrip is proposing to include a hike and bike trial around the store site. This request was
received late and the Park & Recreation staff has not had adequate time to evaluate the
proposed trail.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds Available
Department Head Signature
Finance Director
~k?~
L:\Cases\PZ Cases\2oo0\PZ 2000-30-41 Rumfleid SprlngOak.doc
CITY OF
NORTH R/CHLAND HILLS
QuikTrip is requesting two driveway entrances off of Davis Boulevard. Our current
ordinance would only allow for one driveway. A Traffic Impact Analysis has been
completed. The new site plan indicates separate lanes on the northern driveway which
does improve traffic congestion. However, the TIA does not indicate a significant
difference in traffic congestion by adding a second driveway approach.
The proposed convenience store is approximately 10 feet higher than the surrounding
residential property. No drainage calculations were provided on this plan. The
convenience store building site may have to be lowered to properly address all drainage
concerns. This property will have to be platted before construction could occur on this site.
Surrounding Future land Uses
The property in question is shown to be Commercial in the current Comprehensive Land
Use Plan. The proposed update indicates retail type uses may be appropriate in the
future.
North:
South:
East:
West:
Future Land Use (Current)
Medium Density Residential
Low Density Residential
Low Density Residential
Commercial
Future land Use (Proposed)
Medium Density Residential
Low Density Residential
Low Density Residential
Retail
A petition has been filed by 10 surrounding residential property owners. This petition does
not represent 20% of the affected property and will not require an over-ride vote for
approval. Primary concerns mentioned by surrounding property owners include traffic,
drainage, multitude of convenience stores in the area and lights shining on their properties.
RECOMMENDATION:
The Planning and Zoning Commission met on Thursday, October 12, 2000 and
recommended denial of PZ 2000-23 by a vote of 3 to 2. The specific motion for QuikTrip
includes stipulations for improving landscaping, limiting the height of light poles, limiting
fuel delivery hours and recommending the rear portion of this property be zoned for Office
uses. The revised site plan does indicate improved landscaping and limiting the height of
lig ht poles to 15 feet.
If the Council determines that a Special Use Permit should be granted for the property in
question, the following motion is recommended:
Approval of Ordinance Number 2524 , Case Number PZ 2000-23 for a Special Use
Permit for a convenience store with gas sales within 200 feet of residential property
at 5600 Davis with the following stipulations: 1) the rear of the property be rezoned
to Office; 2) fuel deliveries be limited to 6 am to 3 pm; 3) the extension of the hike
and bike trail around the convenience store be optional based on approval from
Park & Recreation staff.
CITY COUNCIL ACTION ITEM
Document6
Page 2 of 2
PZ 2000-23
QUIKTRIP
CONVENIENCE STORE
5600 DAVIS BOULEVARD
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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. 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:
PZ-2000-23
Public Hearing to consider the request of QuikTrip Corporation, represented by
McDonald & Associates, for a Special Use Permit for a convenience store with
gas sales within 200 feet of residential property at 5600 Davis, being Tract 17 J
out of the W. W. Wallace Survey, Abstract 1606.
Hearina Procedure: Plannina and Zonina Commission and City Council
When:
PLANNING AND ZONING THURSDAY, SEPTEMBER 28, 2000
CITY COUNCIL MONDAY, OCTOBER 9, 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 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\PZ\PZ-2000-23 5600 Davis,doc
McDonald & Assocaites
Attn: Karen Mitchell
770 N. Denton Tapp, Suite 100
Coppell, Texas 75019
Curtis 1 & Arlena R. Reese
7805 Emerald Hills Way
North Richland Hills, Texas 76180
Leon & Christina Lopez, Jr.
7817 Emerald Hills Way
North Richland Hills, TX 76180
Richard L. & Judy A. Haas
7829 Emerald Hills Way
North Richland Hills, TX 76180
Larry C. Herring
3931 Kelsey Court
Grapevine, TX 76051
Robert G. & D. Brawner
5617 Galway Lane
North Richland Hills, TX 76180
Omar H. & Karen A. Khawaja
5629 Galway Lane
North Richland Hills, TX 76180
lV. & Geneva Curry Trust
P.O. Box 820006
Fort Worth, TX 76182
Colleene G. Tharp
7816 Emerald Hills Way
North Richland Hills, TX 76180
Gloya K. Anderson
7836 Emerald Hills Way
North Richland Hills, TX 76180
QuikTrip Corporation
14450 Trinity Blvd., Suite 300
Fort Worth, Texas 76155
Bobby & Traci Coker
7809 Emerald Hills Way
North Richland Hills, Texas 76180
Alford & Carolyn Nicholson
7821 Emerald Hills Way
North Richland Hills, TX 76180
Loi Due & Mai Thi Tran
7833 Emerald Hills Way
North Richland Hills, TX 76180
Roberto Avalos, Miriam Etal, &
Andres Reyes
5609 Galway Lane
North Richland Hills, TX 76180
David A. Conte
5621 Galway Lane
North Richland Hills, TX 76180
Marvin F. Hay
5633 Galway Lane
North Richland Hills, TX 76180
John H. Ramsey
7808 Emerald Hills Way
North Richland Hills, TX 76180
Billy J. & Peggy Thomas
7820 Emerald Hills Way
North Richland Hills, TX 76180
Peggy B. Howell
7900 Donegal Lane
North Richland Hills, TX 76180
Regency Savings Bank
8 East Greenway Plaza, Suite 1100
Houston, Texas 77046
Jose & Adina Naranjo
7817 Emerald Hills Way
North Richland Hills, TX 76180
Edward L. Swirczynski
7825 Emerald Hills Way
North Richland Hills, TX 76180
Jane Cleveland
7837 Emerald Hills Way
North Richland Hills, TX 76180
Edward G. & Tamari A. Broom
5613 Galway Ln.
Fort Worth, Texas 76180
Frank C. Low Trust
5625 Galway Lane
North Richland Hills, TX 76180
H. H. Henderson
6836 John Dr.
Fort Worth, TX 76118
Antoinette Carpenter
7812 Emerald Hills Way
North Richland Hills, TX 76180
Bobby D. Whitt Trust
6221 Skylark Cir.
North Richland Hills, TX 76180
Cynthia Ganske
7901 Emerald Hills Way
North Richland Hills, TX 76180
Cindy D. Bolton
7900 Limerick Lane
p"rth Richland Hills, TX 76180
Texas Utilities Electric Company
P.O. Box 219071
Dallas, TX 75221
Davis Boulevard Partners
5137 Davis Blvd.
North Richland Hills, TX 76180
Betty C. Mozingo
7900 Irish Dr.
North Richland Hills, TX 76180
Executive Petroleum Inc.
5914 Crestwood Cir. E.
North Richland Hills, TX 76180
E. Jane Hesler
7901 Donegal Lane
North Richland Hills, TX 76180
Don Harvey
7433 Deaver Dr.
North Richland Hills, TX 76180
Nasser Shafipour
4001 Tara Dr.
Colleyville, TX 76034
Michael & Dana L. Bertrand
7904 Irish Dr.
North Richland Hills, TX 76180
City of North Richland Hills
P.O. Box 820609
North Richland Hills, TX 76180
Regency Savings Bank
8 E. Greenway Plaza Ste 1100
Houston, TX 77046
Hugh F. & Lawrence R. Smith
5321 Jerry Lane
Fort Worth, TX 76117
B & L Carbajal Baldobino
7908 Irish Dr.
North Richland Hills, TX 76180
-
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Public Works / Administration
CITY OF NORTH RICHLAND HILLS
October 18, 2000
MEMO TO: John Pitstick, Director of Planning
FROM:
Julia W. Skare, Senior Staff Engineer
SUBJECT: W.W.WALLACE SURVEY, TRACT 17J
Quiktrip 857
Public Works has reviewed the plans included with the P & Z packet received
October 9, 2000 and offers the following comments:
~ The maximum width of a commercial driveway approach per the Public Works
Design Manual, is 35 feet as measured at the property (ROW) line. The distance
shown on the site plan for the northern approach is proposed at greater than 35 feet.
The actual dimension at the ROW line is not provided.
~ The minimum driveway approach spacing for major arterials such as Davis
Boulevard is 500 feet and 300 feet for collector streets. The proposed approaches
are less than 300 feet apart.
~ The TIA submitted to Public Works on October 6 does not indicate a significant
benefit to the level of service by adding the second driveway.
~ The proposed northern approach shows 30-feet curb returns radii. The return is
shown to be located on the TXU ROW. A notarized letter of permission is required
from TXU allowing the construction of the curb return in the ROW in front of their
property .
~ The driveway approaches including curb returns need to be designed to meet the
North Richland Hills details.
~ The site plan indicates the site will be raised approximately 10 feet. It also shows
the relocation of two state regulated curb inlets. Since a drainage study was not
included with the site plan, staff could not verify how this would impact adjacent
property or the existing channel along the south side of the property.
~ The required 4 foot sidewalk has not been shown. TxDOT requires the sidewalk to
be located 4 feet off of the ROW line.
~ The channel does not contain the 1 OO-year frequency storm. The drainage study
will determine the location of the 100-year water surface outside of the channel.
This area will need to be contained in a drainage easement. The masonry-
screening wall will need to be located outside of the drainage easement. The exact
location cannot be determined without the drainage study.
P,O, Box 820609 * North Richland Hills, Texas * 76182-0609
7301 Northeast Loop 820 * 817-427-6400 * FAX 817-427-6404
1e/13/2eee 11:19
9727454222
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McDonaJd
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Associates, PLLC
Writer·s I)t
(972) 745-43m
'ial:
Writer's f,-
m¡tchel/@Iandu~ )m
October 13,2000
John Pitstick
Director of Planning and Economic Development
City of North Richland Hills
7301 NE Loop 820
North Richland Hills, Texas 76182
Re: Request for Appeal
Dear Mr. Pitstick:
In accordance with the provisions of the North Richland HiJJs Zoning Ordine we
respectfully request to appeal the decision of denial of case number PZ2000-23, ~ by
the Planning and Zoning Commission at their meeting on October 12, 2000,
It is our understanding that this case has been advertised for public hearing by -;ity
Council for their October 23,2000 meeting.
Thank you for your consideration.
Sincerely.
~d(~
Karen K. Mitchell
Land Planner
cc: Steve Walker, QuikTrip
Chad Stanford, QuikTrip
270 N. Denton Tap. $ultel00 .. Coppell, Texas 75019" Phone 972-745.4300 .. fax 972.745--1.
CITY OF NORTH RICHLAND HILLS
MEMORANDUM
TO:
Adam Miles
Planner
FROM:
Bill Thornton
Assistant Director of Parks and Recreation
DATE:
October 6, 2000
SUBJECT: QuikTrip
RE: prm1500
Brenda McDonald called me on Wednesday, October 4, 2000 and informed me of a
request to consider relocation or additional trail along a section of the North Electric
Trail that lies within the Davis Boulevard right-of-way just north of E
merald Hills.
As of Friday, October 6,2000, I have not been afforded the opportunity to review a
revised site plan and grading plan showing the proposed trail amendments. Without
appropriate and adequate time to review and evaluate the potential impacts of any
proposed tail alignment, I cannot provide comment.
~L~
Brtl Thornton
Assistant Director of Parks and Recreation
BT /kp
7.
PZ-2000-23
PUBLIC HEARING TO CONSIDER THE REQUEST OF QUICKTRIP
CORPORATION, REPRESENTED BY McDONALD & ASSOCIATES, FOR A
SPECIAL USE PERMIT FOR A CONVENIENCE STORE WITH GAS SALES
WITHIN 200 FEET OF RESIDENTIAL PROPERTY AT 5600 DAVIS, BEING
TRACT 17J OUT OF THE W.W. WALLACE SURVEY, ABSTRACT 1606.
DENIED
Ms. Brenda McDonald, Attorney, came forward and addressed the Commission
concerning the request. Ms. McDonald said the site plan reflected the
movement of the convenience store to the north away from the residential
properties. Ms. McDonald stated that QuikTrip had revised the site plan to
reflect an alternative hike and bike trail around the proposed QuikTrip. She
stated that additional landscaping was added to the rear of the building and was
willing to add evergreen scrubs and crepe myrtles on the south side of the lot to
provide screening from adjacent residences. Ms. McDonald stated that she was
willing to meet all requirements with the exception of the need for two driveways
into the site and introduced Wayne Curfees, Traffic Consultant for Kimley Horn.
Mr. Curfees explained the new Traffic Impact Analysis and the need for a
secondary entrance for QuikTrip. Several questions were asked about the
driveway configuration and the amount of traffic for the proposed convenience
store.
The Chairman asked for comments from anyone that was opposed to the
request. Six area residents came forward speaking in opposition to the
proposed QuikTrip. Mr. Gary Trazenski of 7825 Emerald Hills spoke in
opposition with concerns about traffic and not wanting another convenience
store in the area. Dave Conti of 5621 Galway had concerns over too many
convenience stores in the area and stated concerns over drainage and
environmental issues. Ms. Izella Gunter of 5625 Galway had concerns over
drainage and the lights shining down on her neighborhood. Arlena Reaves of
7805 Emerald Hills spoke in opposition with concerns over lights shining in her
yard and the proximity of storage tanks to the neighborhood. Ms. Reaves also
presented a petition in opposition with 16 names from the surrounding
neighborhood. Ms. Cristina Lopez of 7817 Emerald Hills spoke in opposition
with concerns over QuikTrip being too close to residential, glaring lights and
general concerns over the proposed detention pond. Billy Thomas spoke in
general opposition to the QuikTrip request.
Page 5 10/14/00
P & Z Minutes
Brenda McDonald representing QuikTrip responded to concerns. She stated
that QuikTrip would be willing to relocate the bike path, the lights would be
shielded from the surrounding neighborhood and she called on Steven Walker of
QuikTrip to address general safety concerns with handling gasoline sales. Ms.
McDonald stated that the QuikTrip site would have to have two entrances to
function properly.
After discussion, the Chair entertained a motion. Mr. Davis moved to approve
the Special Use Permit for QuikTrip with the following stipulations:
1) the landscape plan be amended to add 9 crepe myrtles on the south side of
the parking lot;
2) the masonry screening wall be the same building materials as the building;
3) the grading of the site be subject to the final plat addressing all engineering
concerns;
4) QuikTrip have the option to construct an extension to the hike and bike trail
around the building;
5) all light poles be no more than 15 feet high;
6) all fuel deliveries be from 6 am to 3 pm;
7) the remainder of the site outside the QuikTrip convenience store be zoned for
Office.
Mr. Welch seconded the motion. The motion failed by a vote of (2-3). Ron
Lueck, Doug Blue and James Laubacher voted against the motion. It was a
consensus of the P&Z Commission that the site plan for the convenience store at
this location was not a good land use.
Page 6 10/14/00
P & Z Minutes
Saturday, October 07, 2000
Petition to the City Council of North Richland Hills
Attention: Mayor of North RichIand Hills, City Clerk
Recently, you mailed to us a Notice regarding the proposal of a special use pennit for the property located
at 5600 Davis Blvd. We, as residents of Emerald Hills Way and Galway Lane, want to present our opinion
in opposition of the proposed special use pennit. We are concerned about the safety of our children and
homes should a service station be built on the subject site. We want to be advised of the upcoming hearing
dates when the subject property is placed on your agenda. Thank you for your consideration.
Resident Name(s)
Address
Phone no.
Satuntay, October 07. 2000
Petition to the City Council of North Richland Hills
Attention: Mayor of North RicbJand Hills, City Clerk
Recently, you mailed to us a Notice regarding the proposal of a special use pennit for the property located
at 5600 Davis Blvd. We, as residents of Emerald Hills Way and Galway Lane, want to present our opinion
in opposition of the proposed special use pennit. We are concerned about the safety of our children and
homes should a service station be built on the subject site. We want to be advised of the upcoming hearing
dates when the subject property is placed on your agenda. Thank you for your consideration.
Resident Name(s)
Address
Phone no.
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QUIKTRIP
CONVENIENCE STORE
5600 DAVIS BOULEVARD
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ORDINANCE NO. 2524
AN ORDINANCE BY THE CITY OF NORTH RICH LAND HILLS, TEXAS
AMENDING THE ZONING ORDINANCE, TO AUTHORIZE A SPECIAL
USE PERMIT FOR CONVENIENCE STORE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, after appropriate notice and public hearing, the Planning and Zoning
Commission of the City of North Richland Hills, Texas, has forwarded a
recommendation to the City Council for amendment of Ordinance No. 1874 by
changing said Zoning Ordinance as set forth herein; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
1.
THAT, in case number PZ 2000-23, a Special Use Permit be hereby authorized for a
Convenience Store in a C-1, Commercial District on property described as 2 acres out
of Tract 17 J of the W.W. Wallace Survey, Abstract 1606.
2.
THAT, development of this property shall be consistent with the site plan attached as
Exhibit "A."
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.
4.
Ordinance No. 2524
Page 1 of 2
SAVINGS CLAUSE. That Ordinance Number 1874, the Zoning Ordinance of the City
of North Richland Hills, Texas, as amended, shall remain in full force and effect, save
and except as amended by this Ordinance.
5.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its
passage.
APPROVED BY THE CITY COUNCIL THIS 23th DAY OF OCTOBER, 2000.
Charles Scoma, Mayor
City of North Richland Hills, Texas
ATTEST:
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO CONTENT:
~~
Development Director
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
Ordinance No. 2524
Page 2 of 2
Public Works Department
Administration
Memo
To: City Manager's Office
From: Mike Curtis, P.E., Assistant Public Works Director
Date: October 23, 2000
Re: Revised Traffic Impact Analysis for Quick Trip on Davis Boulevard
The site plan indicates that two driveways are being proposed. The spacing between
the driveways is approximate 280 feet. The City's criteria requires a 500 foot spacing
between driveways on Davis Boulevard. The Traffic Impact Analysis (TIA) does not
show there is a benefit having two driveways versus one driveway. A summary of
the key points taken from the study are listed below.
1. The delay times entering and exiting the site do not substantially change by
adding a second driveway.
2. The level of service exiting the site and turning left (going south on Davis
Boulevard) is rated as an "F" with the one and two driveway scenarios. (A
level of service of an "A" is the best and an "F" is the worst. Typically, a rating
of "C" or "D" is acceptable)
3. The TIA did indicate the fueling trucks would have a difficult time entering the
site with the one driveway scenario, but did not consider altemate site plans
that would allow the single driveway to work.
~ ~~
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R /smm/Jwm 000-2
. Page 1
CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections Department Council Meeting Date: 10/23/00
'- Subject: Public Hearing to consider a Zoning Change on Lot 1, Agenda Number: PZ 2000-35
Block D, Richland Oaks Addition, located at 4801 Strummer Drive, from (LR) Local Retail
to (PD) Planned Development, as requested by Joyce Collup.
Ordinance Number 2525
Case Summary
This item was considered by the City Council on September 11 , 2000 and was denied.
Subsequently, Councilman Tolbert requested for this item to be reconsidered. With
direction from the Council this item is being placed on the October 23rd agenda for
reconsideration.
Joyce Collup has submitted a new site plan request for a Zoning Change from LR Local
Retail to PD Planned Development on her property located at 4801 Strummer. The Lot in
question is Lot 1, Block D, Richland Oaks Addition and is at the Northwest comer of
Bedford-Euless Road and Strummer Drive. Mrs. Collup is requesting the base zoning of
Local Retail with the additional use of a wedding chapel. The new request totally
eliminates the Apartment Locators Service from this site plan.
Mrs. Collup is seeking approval to run a wedding chapel out of the existing building. Under
straight zoning she would be required to request a change from LR Local Retail to C1
Commercial and also ask for a landscape variance from the Landscape Review Board.
Instead she is requesting for a single submittal under a Planned Development to add the
use of a Wedding Chapel to the property and address areas of non-conformity under the
landscape requirements.
The existing lot meets the minimum 15% of total lot area for landscaping with
approximately 21 % of the site in open space landscaping. To be in full conformance this
lot would have to have 15 feet of landscaping on all sides with masonry screening walls
adjacent to residential properties. Ms. Collup is requesting for variances to the landscape
requirements on the north and west sides of the lot. She is requesting to only have a 5
foot landscape buffer with a living screen on the north side in lieu of 15 foot buffer with a
masonry wall. She is requesting to only have a 10 foot landscape buffer on the west side.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds Available
Department Head Signature
Finance Director
~~~
PZ 2000-35 Ordinance 2525
Page 1012
CITY OF
NORTH RICHLAND HILLS
The south side of the lot outside of the parking lot has been acquired as right of way for
Bedford Euless Road. This area is a substantial open space area that runs between 17
feet and 35 feet in width. Ms. Collup is requesting to maintain this area as open space
landscaping and be given credit for the 15 foot landscape requirement.
Currently a 35-foot tall pole sign with an area of 125 square feet is located on the property
in the parking lot facing Bedford-Euless Drive. The applicant is requesting to repaint and
reface the sign for the Corner Wedding Chapel. This lot is located within the freeway
overlay zone and a sign of this height and area would be permitted.
The Site Plan indicates that there are 25 parking spaces on the lot. The zoning regulations
require one space for each three seats in a church or similar building. The wedding chapel
would be limited to 75 attendees at weddings according to our current parking
requirements.
Approval of this request would add the additional use of a Wedding Chapel and related
uses to the base LR Local Retail zoning. The current Comprehensive Land Use plan
indicates the Lot is best suited for residential use.
RECOMMENDATION:
The Planning & Zoning Commission met on Thursday, August 24, 2000 and voted 6
to 0 to recommend approval of this request with the following stipulations:
The existing Apartment Locator wall sign is to be removed.
A sixteen (16) square foot wall sign facing Strummer be allowed.
Additional trees to be added in landscape island facing Strummer.
Apartment locator business may not be expanded in building.
Maximum occupancy for weddings is 75.
Mrs. Collup has made several changes to the landscaping, parking and signs since
the last meeting to try to conform to the City's current requirements and meet the
stipulations requested by P&Z. Her request is to ask for a variance on the 15 foot
buffer adjacent to residential property and she is willing to mitigate this with
substantial landscaping provided in the right-of-way along Bedford Euless Road.
She is also requesting to utilize the existing pole sign to advertise her Corner
Wedding Chapel. The new site plan indicates a total of 25 parking spaces which
would limit weddings to 75 attendees.
If the City Council determines that this land use is appropriate at this location, the
following motion is recommended:
Approval of Ordinance Number 2525, case number PZ 2000-35, for a Zoning Change
on Lot 1, Block D, Richland Oaks Addition, located at 4801 Strummer Drive, from
(LR) Local Retail to (PD) Planned Development.
CITY COUNCIL ACTION ITEM
PZ 2000-35 Ordinance 2525
Page 2 of 2
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PZ-2000-35
Wedding Chapel
4801 Strummer
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NOTICE OF PUBLIC HEARING
OF THE NORTH RICHLAND 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. 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
Puroose of Reauest:
PZ-2000-35
Public hearing to request of Joyce Collup for a Zoning Change on Lot 1, Block 0,
,
Richland Oaks Addition, 4801 Strummer Drive from (LR) Local Retail to (PO)
Planned Development.
When:
Hearina Procedure: Plannina and Zonina Commission and City Council
Time:
What:
Location:
Staff Presentation
PLANNING AND ZONING
CITY COUNCIL
7:00 P.M.
THURSDAY AUGUST 24,2000
MONDAY AUGUST 11, 2000
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\Pz\PZ-2000-35Ietter,doc
......--.....-.
Linda Branach
704 Springhill Dr
Hurst, TX 76054
Comm Western Realty
1735 Sandy Lake Rd
Carrollton, TX 75006
State of Texas
P.O. Box 6868
Fort Worth, TX 76115
Kmart Corp Greenbriar Investments Teresa Terry
4939 Woodall St
8100 W Big Beaver Rd Dallas, TX 75247 4801 Stummer Dr
Troy, MI 48084 Fort Worth, TX 76021
Imogene Sellers Catherine Laux mngmt
Att James Laux Joseph Canavespe
4809 Strummer 2023 Valley View 4812 Eldorado Dr
Fort Worth, TX 76180 Burleson, TX 76028 Fort Worth, TX 76180
William Moore
William Schreiner Att: Lucia Moore Nick Adams
4808 Eldorado 4804 Eldorado Dr 3315 Denton Hwy
Fort Worth, TX 76180 Fort Worth, TX 76)80 Fort Worth, TX 76117
Juanita Estes Samuel Markum Larry Ramsey
4801 Eldorado Dr 4805 Eldorado 4809 Eldorado Dr
NRH, TX 76180 NRH, TX 76180 Fort Worth, TX 76180
Robert & Alyce Demaree
4813 EldoradoDr
Fort Worth, TX 76180
PZ-2000-35
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ORDINANCE NO. 2525
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, AMENDING THE ZONING ORDINANCE, AS AMENDED, TO
ESTABLISH A PLANNED DEVELOPMENT DISTRICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission has reviewed a rezoning
request on a tract of land identified in Case Number PZ 2000-35; and
WHEREAS, the developer has indicated an interest in establishing the proposed
development as a planned development district under the guidelines of the North
Richland Hills Zoning Regulations; and
WHEREAS, the Planning and Zoning Commission has determined that the
development conditions of this tract of land do not provide adequate opportunities
for development under available existing zoning district regulations; and
WHEREAS, after appropriate notice and public hearing, the Planning and Zoning
Commission of the City of North Richland Hills has forwarded a recommendation
to the City Council for amendment of Ordinance No. 1874, as amended, by
establishing a Planned Development District and by changing said Zoning
Ordinance as set forth herein; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS:
1.
THAT, in Case Number PZ 2000-35, on Lot 1, Block D, Richland Oaks Addition,
addressed as 4801 Strummer Drive the following described property, attached as
Exhibit "A", shall be rezoned from "LR" -Local Retail District to establish a
Planned Development District with specific development regulations as herein
described:
2.
THAT, the purpose of this Planned Development District is to provide for the
additional use of the property as a Wedding Chapel, special occasion and bridal
boutique facilities. The permitted uses and development regulations for this
planned development district shall be in accordance with "LR" - Local Retail
Zoning except as described below.
Ordinance No. 2525
Page 1 of 3
1. Additional Permitted Uses: Indoor wedding ceremonies and receptions, retail
sales and rental of or wedding/formal apparel, wedding consulting/counseling,
floral arrangements, catering services, special occasion events,
group/professional meetings, travel arrangements, and photography services
to take place within the existing structures on the property.
3.
That, all provisions of Ordinance No. 1874, the Zoning Regulations of the City of
North Richland Hills, as amended, which are not in conflict with the terms of this
Planned Development shall remain applicable on said property, and the following
general conditions shall apply to this property to guide development:
1. Landscaping: Landscaping is to be provided in accordance with Exhibit "A"
2. Privacy Fencing: Fencing and zoning buffer screening shall be provided in
accordance with Exhibit "A".
3. Parking: Required parking for this lot is 25 spaces shown on Exhibit "A".
4. Occupancy: Occupancy shall be limited to 75 persons.
5. Drive entry separation: Drive separation shall remain as existing and may not
be enlarged or expanded.
6. Food Service: If food is prepared on site under control of occupants, kitchen
design, appliances and food preparation will meet city ordinances. Outside
catering will be permitted in compliance with city ordinances.
7. Signage: The existing Pole Sign shall be allowed to be repainted and refaced,
but may not be enlarged or expanded. One (1) additional sixteen (16) square
foot wall sign may be added on the building facing Strummer Drive. No
additional signage is allowed other than expressly permitted herein.
8. Any additional construction not indicated on Exhibit "A" will require an
amendment to the Planned Development before a building permit may be
issued.
4.
That, the Zoning Map of the City of North Richland Hills be amended to reflect this
planned development district.
5.
That, the Future Land Use Map of the Comprehensive Plan be amended to
change the land use from low density residential to commercial.
Ordinance No, 2525
Page 2 of 3
6.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the
City Council that the section, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or
section of this ordinance shall be declared invalid or unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs or sections of this ordinance, since the same would have
been enacted by the City Council without the incorporation in this ordinance of any
such invalid or unconstitutional phrase, clause, sentence, paragraph or section.
7.
SAVINGS CLAUSE. That Ordinance Number 1874, the Comprehensive Zoning
Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in
full force and effect, save and except as amended by this ordinance.
8.
EFFECTIVE DATE. This ordinance shall be in full force from and after its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL THIS 23th DAY OF
OCTOBER, 2000.
Mayor, City of North Richland Hills, Texas
ATTEST:
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO CONTENT
~£~uW
Development Director
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
Ordinance No. 2525
Page 3 of 3
-.
CITY OF
NORTH RICHLAND HILLS
Department: Police Department
Council Meeting Date: 10/23/00
Subject: Local Law Enforcement Block Grant Public Hearing and Approval
Agenda Number: GN 2000-120
The United States Department of Justice has approved the City's 2000 Local Law
Enforcement Block Grant application and award. This year's award under the 2000
LLEBG is in the amount of $29,942, with the City's cash match set at $3,327. One of the
requirements to receive the award from the Department of Justice is that a public hearing
be held by the City to allow input from the public on the allocation purposes recommended
by the LLEBG Advisory Board. For the 2000 LLEBG, the Advisory Board recommends the
funds be allocated for the purchase of one unmarked police car, one police motorcycle,
and associated radio equipment for the vehicles.
Recommendation:
To conduct the required public hearing and approve the planned expenditure.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds Available
~
Budget Director
Page 1 of -1
':.
CITY OF
NORTH RICHLAND HILLS
',,--
Department: Administration
Council Meeting Date: 10/23/2000
Subject: Approvinq 2000 Eauipment and Installation Rates for
Charter Communications - Ordinance No. 2523
Agenda Number: GN 2000-121
In March of this year, the City entered into a consortium of 6 cities to review the installation,
equipment and basic rates filed by Charter Communications for the year 2000. Connie Cannady
of C2 Consulting reviewed those rates and returned her findings in May. In June, the cities in the
consortium began meeting with Charter to discuss the issues with the rate filings in an effort to
come to an agreement thereby avoiding a possible lengthy appeal to the FCC.
The consultant's findings were:
· The data used to support the filings was not representative of current operations because
they used 1998 data instead of 1999 data.
· Based on the company's 1999 data the rates for rental of remote controls, standard
converters and addressable converters were too high.
· Company's maximum permitted rate for basic cable service was $11.35, but the company
chose to adopt a lower operator selected rate at $11.01. Under Federal law, should the
company find in its 2001 "true up" that the operator selected rate was insufficient, they could
charge the subscribers for the difference between the maximum permitted rate and the
operator selected rate plus 15%.
'-Charter's disagreements:
· Charter did not agree that they used data that was not representative of the company
because at the time of the rate filing only the 1998 data was available in its entirety.
· The rate for rental of remote controls was deemed fair according to 1998 data.
· None of the subscribers in this service area have standard converter boxes, as these
devices are outdated. So, The standard converter rate is not an issue.
Staff received the final agreement from Charter Communications earlier this month. The key
points of the agreement reached between the 2 parties are as follows:
· For filing periods February 2001 - February 2003, Company will use year end data to
support filings
· Company will not impose interest on basic rates actually charged subsequent to 2000 up to
and including 2003. City will not raise this issue until after 2003.
· Company will reduce the 2001 addressable converter rate by $0.10, which is the amount by
which the 2000 rate is in excess.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
,--. !aÁ-I1rroJ #Ml/~ oJ
Department Head Signature
Finance Review
Account Number
Sufficient Funds Available
Budget Director
Finance Director
Page 1 of 2
CITY OF
NORTH RICHLAND HILLS
"--
Attached is Ordinance No. 2523 approving the Consent Order Approving Equipment and
Installation Rate Cost Incfease which is also attached as Exhibit "A". This Consent Order is
in accordance with the agreements made between the consortium of cities that entered
into this rate review and Charter Communications. Connie Cannady, the consultant who
conducted the fate review has reviewed this Consent Order and recommends that the City
adopt the Consent Ordef.
For the Council's information, staff should receive Charter's 2001 fate filings within the
next 60 days. Staff will insure that the 2001 filings adhere to the agreements made per the
2000 rate negotiations as stated herein, and will bring an ordinance before you regarding
the 2001 rates after those rates take affect per the Federal requirements.
Recommendation
Approve Ordinance No. 2523 approving the Consent Order for Equipment and Installation
Cost Increase for Charter Communications.
''-......-
'-......-
CITY COUNCIL ACTION ITEM
Page 2 of 2
~' ,- '<', "~_"_'''_~__"""'_~'~'*__'""'~~_K'__~___"_"~__.,,
ORDINANCE NO. 2523
WHEREAS, Charter Communications, on October 1, 1999, made a rate filing on
FCC Form 1205 with the City Secretary; and
WHEREAS, the City has joined a consortium of other cities and has engaged
that services of a cable television rate expert to study said filing; and
WHEREAS, the consortium has approved a CONSENT ORDER as a result of its
negotiations with Charter Communications.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS that:
1.
The CONSENT ORDER APPROVING EQUIPMENT AND INSTALLATION
RATE COST INCREASE which is attached hereto and marked Exhibit "A" be, and is
hereby approved. '
PASSED and APPROVED this 23rd day of October, 2000.
APPROVED:
Charles Scoma, Mayor
ATTEST:
Patricia Hutson, City Secretary
o FORM ~:
Rex McEntire, Attorney for the City ~
APPROVED AS TO CONTENT:
Greg Vick, Managing Director Community Services
Exhibit "A"
State of Texas
County of Tarrant
The City of North Richland Hills
IN THE MATTER OF:
Application of Marcus Cable )
Associates. L.L.C., for an )
Equipment and Installation Rate )
Increase Pursuant to FCC Form. 1205)
CONSENT ORDER APPROVING
EQUIPMENT AND INSTALLATION
RATE COST INCREASE
October
This cause coming to be heard on the 23rd day of , 2000,
in the City Council Chambers of the City of North Richland Hills, Texas, The City
Council. havIng received the report of its cable consultant. Connie Canady. hereby
makes tile following:
FINDINGS OF FACT
1. Marcus Cable Associates, L.L.C. d/b/a Charter Communications
("Charter") currently holds a franchise from the City Of North Richland Hills and
proVides cable teleVision services to the residents of North Richland Hills pursuant
thereto.
2. The City is authoIiZed by the FCC to regulate certain equipment and
installation rates charged by cable operators 'Within the City of North Richland Hills.
3. On October I, 1999, Charter submitted to the City of North Richland
Hills an FCC Form 1205 based on year-end 1999 data to meet a mandatory filing date
of November I, 1999 for an effective February I, 2000 rate increase.
4, On February 1. 2000, Charter increased its advanced analog converter
equipment rates to $3.77 per month which is the current rate in effect as of the date of
this order,
5, The City's cable consultant has reviewed Charter's FCC Form 1205 filing
and accompanying data and has questioned whether or not year-end 2000 data would
be more sUltable to evaluate the advanced analog converter equipment rates.
6. Given the filing deadline. year-end 2000 data was not available to
Charter until five (5) months after the deadline,
7. Because of the mandatory filing date of November 1 for an effective
FebmaIy 1 rate increase, there is an inherent regulatory lag.
8. Conditioned upon the City approVing the equipment rate as set forth in
this Order. Charter agrees;
J:\operations-west\myrabell\'IX-FtWorth-RateOrder ¡,doc
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a. that the advanced analog converter maximum pennitted rate.
e.."Cc1uding the $1.19 non-addressable converter rate for Basic
only customers. for year 2001-2002 is Four Dollars and
03/100 ($4.03).
b. not to impose: interest on basie rates not actually charged
subsequent to year 2000 up to and including year 2003.
c. For filing period February. 2001 through February. 2003. the
year-end data to be used to support the FCC Fonn 1205 will be
based upon the last full year available prior to filing.
d. That the City and Charter shall address regulatory lag with
respect to the Fonn 1205 filing by year 2003.
Based upon the foregoing Findings of Fact. IT IS THEREFORE ORDERED.
ADJUDGED AND DECREED BY THE CITY that the current advanced analog converter
equipment rate in effect as of the date of this Order is Three Dollars and 77/100
{$3.77J per month.
IT IS FURTHER ORDERED. ADJUDGED AND DECREED that given the filing
deadline. year-end 2000 data was not available to Charter until five (5J months after
the deadline.
IT IS FURTHER ORDERED. ADJUDGED AND DECREED because of the
mandatory filing date of November 1 for an effective February 1 rate increase. there is
an inherent regulatory lag,
IT IS FURI'HER ORDERED, ADJUDGED At'ID DECREED that conditioned upon
the City approVing the equipment and installation rate as set forth in this Order.
Charter agrees:
a. that the advanced analog converter maximum permitted rate.
excluding the $1. 19 non-addressable converter rate for Basic
only customers. for year 2001-2002 is Four Dollars and
03/100 ($4.03) and is hereby approved.
b. not to impose interest on basic rates not actually charged
subsequent to year 2000 up to and including year 2003.
c. For filing period February. 2001 through February. 2003. the
year-end data to be used to support the Fonn 1205 will be
based upon the last full year available prior to filing.
d. That the City and Charter shall address regulatory lag with
respect to the Fonn 1205 filing by year 2003.
J: \operauon..-weGt\myrabeJl \ TX- FtWorth- Ra teOrder 1 ,doc
11'.3
IT IS SO ORDERED AND APPROVED BY THE CI'IY OF NORTH RlCHLAND
HILLS cm COUNCIL.
Dated this
23rd
day of
October
,2000.
CITY OF NORTH RICHlAJ.'ID HILLS
ATIEST:
MAYOR:
Clerk
WE CONSENT:
ATTEST:
MARCUS CABLE ASSOCIATES, L.L. C.
By: Trudi McCollum Foushee
Vice President and Senior Counsel
Deliver via Certified Mail to:
With copies to:
Marcus Cable Associates, L.L.C.
Charter Communications. St. Louis, MO
Connie Canady. City of North Richland Hills Cable
Consultant
J: \opcrauons-west\myrcibe1l YI'X- FtWorth- RateOrdcr ¡,doc
Announcements and Information
October 23, 2000
Announcements
The Texas Department of Transportation will be closing the connector for east Loop 820 to
Airport Freeway at the Grapevine Highway east bound exit on Saturday. October 21 and 28.
Traffic will be diverted east on the access road across Grapevine Highway to the new on ramp
in front of Allen Young Buick to continue east on Airport Freeway. This is being done so the
contractor can hang five bridge girders across the E/B Airport Freeway connector. This will last
until approximately 12:00 Noon on Sunday. October 22 and again on October 29. Four off duty
officers will be directing traffic - two officers on the north side of the loop and two on the south
side of the Loop.
Big surprises for little ghosts and goblins can be found at Boo Bash 2000, This Halloween event
will held at North Hills Mall on Tuesday. October 31st from 6:00-8:00 p,m. There will be a
costume contest, carnival games, and plenty of great treats for everyone.
The City Council and Planning and Zoning Commission will have a ioint work session on
Monday. November 6. 2000, to discuss updating the Comprehensive Land Use Plan.
The City will begin its first Citizen Involvement Program, which is a program that educates
residents about local government. There will be four sessions beginning on November 9th and
ending December 5th. If you would like to sign up for this program, there are a few spaces
available. Please call 427-6015 to learn more about this new program.
Paws to Recycle begins now through November 30th. Recycle your aluminum cans at the
Animal Shelter or bring receipts for cans you have deposited at another location. The funds from
the recycling benefit the NRH Animal Shelter, The Animal Shelter is located at 7200 Dick Fisher
or call 427-6570.
Information
October 26
Ribbon Cutting
Lazer Insurance
7801 Brandi Place, Suite N
11 :30 a.m.
October 31
Boo Bash
North Hills Mall
7624 Grapevine Hwy.
6:00-8:00 p.m.
November 6
City Council and Planning and Zoning Joint Work Session
Fire Conference and Training Room
7202 Dick Fisher
6:00 p.m.