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Home My WebLink AboutCC 2000-11-13 Agendas CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA NOVEMBER 13, 2000 - 6:10 PM For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301 Northeast Loop 820. . NUMBER ITEM ACTION TAKEN 1. Discuss Items from Regular November 13, 2000 City Council MeetinQ (5 Minutes) Select Meeting Times for Presentation of Program to State 2. IR 2000-144 LeQislators and Discuss LeQislative Priorities (10 Minutes) 3. IR 2000-143 Big Fossil Creek Watershed Policy Committee; Council Appointments (10 Minutes) 4. Video of Park & Recreation System - National Gold Medal Award Competition (15 Minutes) 5. Adjournment - 6:50 pm POSTED ~()~eN 16, ~O Date 4'.~O t~ Time City Council Agenda November 13, 2000 Page 1 of 4 ,..;£~~ By-- CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA NOVEMBER 13, 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 - Watauga Elementary Girl Scout Troop - Tammv Lumpkins, Troop Leader 3. Pledge of Allegiance - Watauga Elementary Girl Scout Troop- Tammy Lumpkins, Troop Leader 14. I Special Presentations 1 I 5. Removal of Item(s) from the Consent Agenda City Council Agenda November 13, 2000 Page 2 of 4 NUMBER ITEM ACTION TAKEN 6. Consent Agenda Item(s) a. Approval of the City Council and Planning and Zoning Commission Joint Work Session Minutes August 21,2000 b. Approval of Pre Council Minutes October 23, 2000 c. Approval of City Council Minutes October 23, 2000 GN 2000-122 d. Approve 2000/2001 City Street Overlay Program GN 2000-123 e. Consider Revision of High Grass and Weeds Ordinance to reflect changes in state statue regarding notification and abatement of high grass and weeds - Ordinance No. 2528 GN 2000-124 f. Consider Revision of Building Permit Fees to reflect changes in corrected Building Code Tables - Ordinance No. 2529 PU 2000-046 g. Refurbishing of Four 1996 Tahoes by Shaheen Chevrolet not Exceeding the Amount of $56,000 PU 2000-047 h. Authorization to Extend Annual Contract with HJG Trucking for Top Soil, Sand and Flex Base PU 2000-048 i. Award of Bid for NRH20 Pool Refinishing to Classic Tile and Plaster in the Amount of $205,549 - Resolution No. 2000-084 Public Hearing to consider the request of WCJ 7. PZ 2000-40 Rufe Snow 94, Ltd. Represented by S.C. Equities, for a Special Use Permit to allow a convenience store (kiosk) with gas sales within 200 feet of residential property and exterior materials other than masonry. This property is located at 7150 Rufe Snow Drive - Ordinance No. 2527 City Council Agenda November 13, 2000 Page 3 of 4 NUMBER ITEM ACTION TAKEN Approve "No Parking Anytime" Zone on the 8. GN 2000-125 North and South Side of Ice House Drive - Ordinance No. 2518 Approve "No Parking Anytime" Zone for the 9. GN 2000-126 3800-4000 Block of Dawn Drive - Ordinance No. 2526 10.GN 2000-127 Approve Lease Agreement With Metricom for Bursey Road Water Tower - Resolution No. 2000-088 11. GN 2000-128 Appointments to the Health Facilities Development Corporation 12. GN 2000-129 Approving 2001 Legislative Program and Setting Date for Presentation to State Legislators 13.GN 2000-130 Iron Horse Golf Course Management Agreement Renewal - Resolution No. 2000-089 Consider Revision of Public Nuisances 14.GN 2000-132 Ordinance by providing updated definitions, specific public nuisances and notice of violations and abatement procedure - Ordinance No. 2522 15. PW 2000-035 Approve Interlocal Agreement with City of Hurst concerning Sanitary Sewer Cross Flows in the Wood crest Addition - Resolution No. 2000-085 16. a) Citizens Presentation b) Information and Reports 17. Adjournment ~ POSTED 'b~~ l-O J. t>OO , V"""" \..t ~ 0 ~ f\A..I Time City Council Agenda November 13, 2000 Page 4 of 4 ~tE:y~1,,^~ .- .- By «1"; rt INFORMAL REPORT TO MAYOR AND CITY COUNCIL No.1R 00-144 ~ Date: November 13,2000 . T SubjeCt:Setting Datès for Presenfation of Leglslåtive Program to State Legislators Staff recommends presenting the NRH Legislative positions to our State legislative delegation before the legislative session begins Tuesday, January 9, 2001. The following are options regarding the format for presentation and dates for the meeting for the Council's consideration. Once we receive Council consensus on the date and manner in which to present this information, staff will begin planning. Options: 1. Breakfast meeting with all legislators to be held in the City Council Chambers. A light continental breakfast would be served. 2. A luncheon meeting held at a location large enough to have a meal and conduct a presentation. 3. A dinner meeting similar to the above option. 4. A night meeting held in the Council Chambers around 7:00 PM. Dinner would not be served, only the presentation would be given. '-. Possible Dates: · Wednesday, November 29th · Thursday, November 30th - Only if the breakfast or lunch option is selected, as the Boards and Commissions Dinner is scheduled for this night. · Tuesday, December 12th · Thursday, December 14th These options could include a meeting of the entire City Council, or just the Mayor and a few Council members depending on the Council's desire. Our State Senators, Representatives and their staffs would be invited. Another option would be to have individual meetings witheachtegislator versus trying to pull the entire group together and coordinate dates when everyone could attend. With this option, staff would contact each office and arrange a time tomeetwith each legislator. It would probably be best to just have the Mayor and one Council· member along with the City Manager and Greg Vick attend with one or two staff members should you select this option. Regardless of which option is chosen, staff is recommending that a brief PowerPoint presentation covering our 2001 legislative program be prepared and presented. This presentation would focus on priority items as selected by the Council. ',,-- Potential priority items could include: 1. Red light traffic signal photQgraphic enforcement 2. TXDOT population thresholds for traffic signal maintenance 3. Sales tax simplicity for Internet collection purposes ':It'< 4. Impact fees 5. Manufactured Housing location preemption in municipalities ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS .... In addition, all legislators and staff members would be presented with a copy of the legislative positions document so they will have this information as the session progresses. ''-- Any suggestions you have regarding the format and presentation of this information would be helpful. ully SU~mjtted'l U~ regV' Managing Director of Community Services & Facilities ~ "--- INFORMAL REPOR.T TO MAYOR AND CITY COUNCIL N IR#OO-143 o. ~ ~ Date: .-y- Subject: November 13, 2000 Big Fossil Watershed Policy Committee: Council Appointments As part of this interlocalagreement with the North Centra.1 Texas Council of Govemments (NCTCOG) which Council approved on October 23. 2000 a Bic Fossil Watershed Policv Committee needs to be formed. This committeewiU provide policy guidance for the cooperative program and make recommendations to governing bodies of the parties to the agreement concerning the· planning study phase of the project, as well as appoint a task force to provide technical advice and assistance to the process. Each participant will be entitled to appoint one member and an alternate to the Policy Committee. North Richland Hills needs to appoint one council member to the committee. Another council member needs to be appointed as an alternate. The Policy Committee will probably meet locally 4 to 6 times a year.. NCTCOG would. like to have these appointments as soon as possible so the project can begin. Staff is requesting the City Council appoint a committee member and an alternate to the Policy Committee. ~ GWDlsmm "-.. ISSUED BYTHE CITY MANAGER NORTH RICHLAND· HILLS, TEXAS ~,' ¡ , i }i ~ ¡ MINUTES OF THE JOINT WORK SESSION WITH THE CITY COUNCIL AND PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS TEXAS, HELD AT THE FIRE TRAINING CENTER, 7202 DICK FISHER DRIVE - AUGUST 21,2000 - 5:30 P.M. CALL TO ORDER Mayor Scoma called the joint work session to order on August 21,2000 at 5:36 p.m. Present: City Council: Charles Scoma Lyle E. Welch Russell Mitchell Frank Metts, Jr. Don Phifer JoAnn Johnson Joe Tolbert 1. Oscar Trevino, Jr. ROLL CALL Mayor Mayor Pro T em Council Member Council Member Council Member Council Member Council Member Council Member Planning & Zoning Commission: Don Bowen Chair Doug Blue Commission Member Ted Nehring Commission Member Timothy Welch, P.E. Commission Member James Laubacher Commission Member Richard Davis Commission Member Staff: Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson John Pitstick Greg Dickens Jenny Kratz Adam Miles Absent: Ron Lueck City Manager Deputy City Manager Assistant City Manager Managing Director of Community Services City Secretary Director of Community Development Public Works Director Public Information Director Planner Commission Member · ---.-..-.-"---.--..-- City Council Work Session Minutes August 21,2000 Page 2 2. STATUS OF COMPREHENSIVE PLAN UPDATE Mr. Dan Sefko, Dunkin, Sefko & Associates, briefed the Council and Planning & Zoning Commission on the status of the update to the Comprehensive Plan. The current plan was completed in June 1992 and the City has contracted with Dan Sefko to update the Land Use and Thoroughfare Plans. The Planning and Zoning Commission have held numerous workshops with Mr. Sefko to discuss proposed changes to the plans. The purpose of this workshop is to present to the Council and discuss the recommendations of Staff, the Consultant and Planning and Zoning Commission. 3. DRAFT LAND USE PLAN Mr. Sefko reviewed the four proposed basic land use types and their relation to zoning districts. · Office - intended to permit the professional and organizational office needs of the community and related to the 01 Office zoning district. · Neighborhood Services - intended to permit a limited area of service establishments and retail stores for the benefit of adjacent and nearby residential areas and relates to the LR Local Retail zoning district. · Retail - intended to permit a limited variety of commercial uses including retail trade, personal business services establishments and offices and related to the C 1 Commercial zoning district. · Commercial - intended to permit a variety of heavier and more intense commercial, service and retail uses that may require outdoor display or storage and related to the C2 Commercial and OC Outdoor Commercial zoning districts. Mr. Sefko advised that twenty-five percent of the land in North Rich/and Hills was vacant. Of the twenty-five percent vacant land, only twenty percent is developable land. Mr. Sefko highlighted the five proposed redevelopment studies and their locations- 1) Smithfield Conservation District; 2) Freeway Business District; 3) North Hills Mall and Hospital Redevelopment Plan; 4) South Grapevine Highway Corridor Redevelopment Plan and 5) Enhanced Traffic studies. Mr. Sefko recommended that a study be done in five years to reassess the Loop 820 area. Mr. Sefko reviewed the major land use issues to be addressed in the Comprehensive Master Land Use Plan update: · Gateway, Corridor and Image Studies · DART and commuter rail service · Open space and trails ". .,...'...." City Council Work Session Minutes August 21, 2000 Page 3 · Proposed redevelopment studies · Analysis of industrial zoning districts · Townhouses and medium density residential vs. traditional multi-family land uses · Thoroughfare Plan improvements The Planning and Zoning Commission during their work sessions divided the City into four sector or study areas to facilitate their discussions. The land uses in those four areas were reviewed and discussed by the Council and Planning & Zoning Commission. The Council identified several areas of concern and suggested several changes to some of the proposed land uses. Mayor Scoma called a break at 8:07 p.m. and the meeting was called back to order at 8:15 p.m. with the same members present as recorded. After further input from the Council on changes to the proposed land uses in the four study areas, the Planning & Zoning Commission will work with Mr. Sefko to incorporate into the Land Use Plan the input received from Council. 5. DRAFT THOROUGHFARE PLAN Mr. Dickens highlighted the proposed changes to the Thoroughfare Plan. Mayor Scoma questioned why Holiday Lane did not continue up to Bursey Road and asked that staff look at a landscape median on Davis Boulevard. At the conclusion of the work session, Mr. Pitstick discussed with the Council the time line for making the changes recommended tonight and for receiving input from the public. The consensus was to hold another joint work session with the Council and Planning & Zoning Commission on November 6 to review the land use maps with the changes suggested. ADJOURNMENT Mayor Scoma adjourned the work session at 9:26 p.m. Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary Present: Absent: ^ '-... ··~_··..,·-"·~~-_·_~__~~_w___~_.__~_ 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 23, 2000 - 5:50 P.M. Charles Scoma Lyle E. Welch Russell Mitchell Frank Metts, Jr. JoAnn Johnson Joe D. Tolbert T. Oscar Trevino, Jr. Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Rex McEntire Greg Dickens John Pitstick Jenny Kratz Paulette Hartman Jim Browne Bill Thornton Tom Shockley Mike Curtis Mayor Mayor Pro T em Councilman Councilman Councilwoman Councilman Councilman City Manager Deputy City Manager Assistant City Manager Managing Director of Community Services City Secretary Assistant City Secretary Attorney Public Works Director Planning Director Public Information Director Assistant to City Manager Director, Parks & Recreation Assistant Director, Parks & Recreation Police Chief Assistant Director, Public Works Don Phifer Councilman ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the Pre-Council meeting to order at 5:53 pm DISCUSS ITEMS None FROM REGULAR OCTOBER 23, 2000 CITY COUNCIL rv1EETING ~ Mr. John Pitstick advised Council at their October 9 IR 2000 137 City Council meetinq it was discussed to amend the Pre-Council Minutes October 23,2000 Page 2 ITEM DISCUSSION ASSIGNMENT DISCUSS PUBLIC Nuisance Ordinance to limit the hours of distribution NUISANCE of handbills and advertisements on private property ORDINANCE from sunset to sunrise with an exception for the normal delivery of newspapers or solicited periodical subscriptions. Upon examining the Public Nuisance Ordinance, staff is requesting additional changes to allow proper enforcement of automobile sales in residential areas and removal of graffiti on private property. There was a recent case dismissed in court involving an individual that is selling used cars at his residence. The Public Nuisance Ordinance does not allow selling, but there is an exception for the occasional sale of a personal automobile on residential property. 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. There are a couple of issues dealing with graffiti on fences and buildings. While there is a state law against the placement of graffiti, it is sometimes difficult to catch the violators. Staff is suggesting we require property owners to remove or paint over graffiti. Mayor Scoma inquired about vehicles that are sold on property other than personal property like public lots or vacant lots. Mr. Pitstick believes the current ordinance enforces that type of situation. If the property owner has not given permission to place cars on his lot the city can remove the cars. The property owner has to post signage and the city can get a wrecker to remove unwanted vehicles. Councilman Tolbert is concerned if a particular fence or area is constantly being marked. It would get expensive for the homeowner to repaint and/or replace fence. Mr. Pitstick mentioned an agreement the City of Hurst had with a paint store where the paint store donated the paint to homeowners. Councilman Tolbert suggested that Teen Court help with the repainting of fences in terms of community service. '. Mr. McEntire advised Council that the city could work with public service commitments with various courts downtown. Council consensus was to brinQ back the Public Pre-Council Minutes October 23, 2000 Page 3 ITEM DISCUSSION ASSIGNMENT Nuisance Ordinance with the three suggested changes - delivery hours of handbills and advertisements, changes to allow enforcement of automobile sales in residential areas, and removal of JP Qraffiti on private property. IR 2000-135 WASTEWATER REHABILITATION IMPROVEMENTS PROJECT; CONTRACT "A" ~- IR 2000-134 INSIDE NRH Mr. Greg Dickens gave Council an update on the Wastewater Rehabilitation Improvement Project. The bid date for completion was September 16, 2000. The contractor should be 100% complete by November 3,2000. The liquidated damage price per calendar day is $500.00. The total approximate liquidated damages being $24,500. A few problems have incurred with KENKO, Inc. The city has a list of areas where KENKO, Inc. has to satisfy property owners. Councilman Trevino asked if there were any design problems or letters requesting extensions? Mr. Dickens advised Council staff did not receive anything from KENKO, Inc. _ ......,. Mayor Scoma inquired about the quality of work. Mr. Dickens advised Council KENKO is accomplishing what the city set out for them. Staff is most concerned with the settlement, dirt, trenches in backyards. Staff is keeping a close eye on these concerns. Again, the city has a list of areas to be taken care of. There may be some settlement after the completion of work. However, it is in the contract that they are responsible to come back and fill it in. Staff will talk to KENKO about coming back to fill in after the settlement. Councilman Trevino asked if staff is going to t.v. the line. Mr. Dickens advised Council that KENKO is responsible. It is in the contract that they t.v. the lines. Mayor Scoma asked if the impact fee was for NAN Contract "A" and "B". Mr. Cunningham advised Council the impact fee was for Contract "A" and "B". Mr. Cunningham informed Council prior to Ms. Kratz arrival to the city staff was 100kinQ at options to qet Pre-Council Minutes October 23,2000 Page 4 ITEM DISCUSSION ASSIGNMENT CITICABLE general public information on our city cable channel. PRODUCTION Ms. Kratz came up with the idea of broadcasting abbreviated discussions on Citicable. Staff hopes to do this on a continuous basis. Ms. Kratz summarized Inside NRH Citicable Production. Inside NRH is a new program designed for our citizens to air on Citicable Channel 7. Staff is focusing on one area of the city each month to keep our residents current on the programs occurring in the city. Inside NRH is a short, informational program that will span approximately five to fifteen minutes. Ms. Misti McNeese is the host of Inside NRH and has agreed to host the show for the following year. She is a broadcast/radio/communications student at the University of North Texas. The first Inside NRH focuses on the new automation in the Library. The goal of staff is to have a new Inside NRH by the first of each month. The months of November and December staff plans to focus the show around the Christmas activities. In January they will focus on Crime Control and Prevention District. Council suggested the following for program ideas: Youth Advisory Board (college quiz), televising the JK Youth Advisory Committee, and a program on the History of NRH. Ms. Kratz welcomed the ideas for future proQrams. IR 2000-136 Mayor Scoma advised second Council meeting in Patricia Hutson CANCELLATION OF December this year is on Christmas Day. Staff feels DECEMBER 25, they will be able to consolidate everything to be 2000 CITY COUNCIL he,ard at the December 11 Council Meeting. MEETING Council consensus was to cancel the December 25, 2000 Council MeetinQ. ADJOURNMENT Mayor Scoma announced at 6:21 pm that the meeting would adjourn to Executive Session for deliberation regarding real property as authorized by Government Code §551.052 - Land acquisition for parks and consultation with Attorney as authorized by Government Code §551.071 - Ramos & Juarez vs. NRH. The Executive Session adjourned at Pre-Council Minutes October 23, 2000 Page 5 ITEM DISCUSSION ASSIGNMENT 6:53 pm to the regular Council meeting with no action required. Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - OCTOBER 23,2000 -7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order October 23, 2000 at 7:01 p.m. ROLL CALL Present: Charles Scoma Lyle E. Welch Russell Mitchell Frank Metts, Jr. JoAnn Johnson Joe D. Tolbert 1. Oscar Trevino, Jr. Absent: Don Phifer Staff: Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Rex McEntire 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 The Valley Voices of Green Valley Elementary led the invocation. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS PRESENTATION OF PROCLAMATION FOR RED RIBBON WEEK Mayor Scoma presented a proclamation to Ms. Kim Allen for Red Ribbon Week. City Council Minutes October 23.2000 Page 2 Ms. Patsy Tucker and Mayor Scoma recognized the following recipients for October Yard of the Month: Tommy Payne, 6425 Devonshire Drive; Garland & Moise Holt, 4705 Blaney; Jan & Toby Daley, 6320 Skylark Circle; Ron & Betty Evans, 7301 Spurgeon; Bobby & Gladys Sharp, 6705 Brittany Park Court; Gary & Margaret Zecca, 8900 Thornberry; Linda Nolte, 6800 Ridgewood Drive; and Tom & Mary Jo Ward, 8625 Saddle Ridge Trail. Ms. Tucker presented Equestrian Pointe Apartments with Landscape of the Month Award. . 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE PRE-COUNCIL MEETING OCTOBER 09, 2000 B. MINUTES OF THE COUNCIL MEETING OCTOBER 09, 2000 C. PW 2000-031 - APPROVE AGREEMENT WITH DART FOR 30-INCH WASTEWATER OUTFALL CROSSING THE COTTONBEL T LINE AT CALLOWAY BRANCH (MILEPOST 623.836) - RESOLUTION NO. 2000-079 D. PW 2000-032 - APPROVE BIG FOSSIL CREEK WATERSHED INTERLOCAL AGREEMENT WITH NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS - RESOLUTION NO. 2000-83 E. PW 2000-033 - APPROVE CHANGE ORDER NO.1 FOR TOURIST DRIVE PAVING AND DRAINAGE IMPROVEMENTS IN THE AMOUNT OF $45,884.00 F. PAY 2000-006 - AUTHORIZE PAYMENT TO MOTOROLA FOR RADIO MAINTENANCE AGREEMENT - RESOLUTION NO. 2000-081 G. PAY 2000-007 - AUTHORIZE PAYMENT TO MOTOROLA FOR ANNUAL MOBILE DATA TERMINAL SERVICE AGREEMENT - RESOLUTION NO. 2000-082 Councilman Mitchell moved, seconded by Councilman Trevino to approve the consent agenda. City Council Minutes October 23. 2000 Page 3 Motion to approve carried 6-0. 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) APPROVED Mr. Bill Melbourne summarized requested. He advised Council there were two issues related to this plat. One issue is fire hydrant coverage; the property is currently not contained in the 500-foot radial distance of a fire hydrant. Mr. Melbourne advised Council he is willing to sign a waiver with the city holding North Richland Hills harmless. The second issue is the sidewalk requirement. He is seeking a waiver of this requirement and willing to sign an agreement to construct sidewalks in the future. 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. The Planning and Zoning Commission recommended approval 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. Councilman Trevino moved for approval of PS 2000-20 for a Final Plat 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. Councilwoman Johnson seconded the motion. Motion to approve carried 6-0. 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 SURVEY, ABSTRACT 1606. DENIED Ms. Brenda McDonald, representing applicant summarized request for Council. She advised Council the Planning and Zoning Commission denied request at their October 12, 2000 meeting. The specific motion for QuikTrip included the following stipulations: improved landscaping, limited the height of light poles, limited fuel delivery hours and recommended the rear portion of this property be zoned for Office uses. Ms. McDonald City Council Minutes October 23. 2000 Page 4 advised Council applicant was in agreement with most of the stipulations however, QuikTrip would need two driveway entrances off of Davis Boulevard and they could not commit to certain hours for fuel delivery. Mr. Chad Stanford, representing QuickTrip, presented background information on the corporation. Mr. John Pitstick, Director of Development, addressed the request as it relates to city codes and ordinances and summarized recommendations of staff and the Planning and Zoning Commission. Mayor Scoma opened the public hearing and asked for anyone wishing to speak in opposition to come forward. The following spoke in opposition: AI Nicholson, 7821 Emerald Hill Way, Dale Jenkins, 8001 Limerick Lane; and Gary Swirczysnki, 7825 Emerald Hills Way. Mayor Scoma asked for anyone wishing to speak in favor of request to come forward. There being no one else wishing to speak Mayor Scoma closed the public hearing. Councilman Trevino moved to deny PZ 2000-23, Ordinance No. 2524. Mayor Pro Tem Welch seconded the motion. Motion deny 5-1; with Mayor Pro Tem Welch, Councilmen Mitchell, Trevino, Tolbert and Councilwoman Johnson voting for and Councilman Metts voting against. 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, RICH LAND OAKS ADDITION, AT 4801 STRUMMER DRIVE (DENIED AT THE 9/11/00 CITY COUNCIL MEETING) - ORDINANCE NO. 2525 APPROVED Ms. Collup submitted a new site plan for a Zoning Change from LR Local Retail to PD Planned Development on her property at 4801 Strummer. She is requesting the base zoning of Local Retail with the additional use of a wedding chapel. This new request eliminates the Apartment Locators Service from this site plan. 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. Ms. Collup is requesting variances to the landscape requirements on the north and west sides of the lot. Her request is for a variance on the 15-foot buffer adjacent to residential property and she is willing to mitigate this with substantial City Council Minutes October 23, 2000 Page 5 landscaping provided in the right-of-way along Bedford Euless Road. Currently there is a 35-foot tall pole with an area of 125 square feet located on the property. Ms. Collup plans to repaint and resurface the sign. Mayor Pro Tem Welch was concerned with the sale of alcohol. Ms. Coli up advised Council that she would not sell alcohol, but the wedding party may bring their own alcohol. She further advised Council that no hard liquor would be consumed on the premises. Councilman Tolbert wanted to make sure the only retail sales would be that associated with the wedding chapel. Mayor Scoma opened the public hearing and asked for anyone wishing to speak in opposition to come forward. There being no one wishing to speak Mayor Scoma asked for anyone wishing to speak in favor of item to come forward. Mr. Harvey Greenwald, 5016 Strummer Road, spoke in favor of request. There being no one else wishing to speak Mayor Scoma closed the public hearing. Councilman Tolbert moved to approve PZ 2000-35, Ordinance No. 2525 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. Councilwoman Johnson seconded the motion. Mr. Pitstick advised Council since this request is for a PD he could include a paragraph in the ordinance that addresses retail sales and maintenance of landscape in the right- of-way. This should address the concerns of Council. After further discussion Councilman Tolbert amended his motion to include the stipulation that there be an ongoing obligation to maintain landscaping of the right-of- way by property owner and retail sales be related to wedding related uses. Councilwoman Johnson seconded amendment. Motion to approve carried 6-0. 10. GN 2000-120 - LOCAL LAW ENFORCEMENT BLOCK GRANT PUBLIC HEARING AND APPROVED PLANNED EXPENDITURE APPROVED Mr. Tom Shockley, Police Chief, summarized request. City Council Minutes October 23,2000 Page 6 Councilwoman Johnson left Council Chambers at 9:00 p.m. Mayor Scoma opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Scoma closed the public hearing. Councilman Mitchell moved, seconded by Councilman Trevino to approve GN 2000- 120. Motion to approve carried 5-0. Councilwoman Johnson not present. 11. GN 2000-121 - APPROVING 2000 EQUIPMENT AND INSTALLATION RATES FOR CHARTER COMMUNICATIONS - ORDINANCE NO. 2523 APPROVED Councilwoman Johnson returned to Council Chambers at 9:06 pm. Ms. Paulette Hartman, Assistant to the City Manager, summarized GN 2000-121. Ordinance No. 2523 approves the Consent Order Approving Equipment and Installation Rate Cost Increase. The Consent Order is in accordance with the agreements made between the consortium of cities that entered into this rate review and Charter Communications. Connie Canady, the consultant who conducted the rate review has reviewed this Consent Order and recommends that the city adopt the Consent Order. Staff will be receiving Charter's 2001 rate filings within the next 60 days. Staff will ensure that the 2001 filings adhere to the agreements made per the 2000 rate negotiations as stated, and will bring an ordinance before Council regarding the 2001 rates after the rates take affect per the Federal requirements. Councilman Mitchell moved, seconded by Mayor Pro Tem Welch to approve GN 2000- 121, Ordinance No. 2523. Motion to approve carried 6-0. 12. A. CITIZENS PRESENTATION None. B. INFORMATION AND REPORTS City Council Minutes October 23, 2000 Page 7 City Council and the Planning and Zoning Commission will hold a joint work session on Monday, November 6,2000 to discuss updating the Comprehensive Land Use Plan. Citizen Involvement Program - is a program designed to educate residents about local government. Four sessions will be held beginning November 9th and ending on December 5th. For more information please call 427-6015. 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 28th. This closure will approximately last until 12:00 noon on Sunday, October 29th. 16. ADJOURNMENT Mayor Scoma adjourned the meeting at 9:14 pm. Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary " CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 11/13/00 GN 2000-122 Agenda Number;----------__ Subject: Approve 2000/2001 City Street Overlav Praram The proposed 2000/2001 Overlay Program consists of 10 streets shown on the attached list. The standard selection process was used to select the 10 streets. The Assistant Public Works Director and Street Superintendent have personally reviewed the streets in the field. The estimated budget for 2000/2001 (including budget surplus from previous year) is $400,000. The estimated cost for the subgrade repairs, partial curb and gutter replacement, asphalt milling, and 2-inch asphalt overlay is $394,716.80. The CIP Committee and staff met on November 2, 2000 and reviewed the list of streets being proposed. The CIP Committee is recommending the list of streets as presented. This program complies with Council Goal #6, "well maintained quality streets". Recommendation: To approve the 2000/2001 City Street Overlay Program. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number 315-6003-603.43-45 Sufficient Funds AvallaDle ~ NRH 1 LEGEND: " 1. Amundson Drive 2. Redondo Street 3. Meadow Park North . 4. Spring River Lane 0 a: I.U z: 5. Gentling Place '- ..J 6. Meadow View Terrace . a: 7. Daley Avenue 0 ~ z: 8. Chartwell Street <n I.U IJ.. 9. Hanging Cliff Place ::¡ a:: 10. Newman Drive ; ,., ...-- ., -.. ,..., ,.... t") en PIPELINE: RD. ,..., co ? 2000/2001 City Street Querlay Program D".,.... ......,...... a....... ·....R..... ....,...... s~.... tlltl Z' ,hi II 11:21:2. "Wa, III. _.: ..., ....,,: ."..........,.... .I.or: ............. en ~ w .... ~ en ..J ..J - :I: C Z ~ w :¡ ~ èñ z l:' <ëQÕ ~Q~ e~.c tn ..~ L-"""ca r-("I_.¡- W ~ 0 w ~~ 0 ~::SON .....""') 0 tn ~~ 0 ~~:E~ ~ .- :I: o .5: ~èN oa..'g - I/) ....J 0 to c.. ::;) 0 c. 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II) .!! :i () c: C'I ...J ~ ~ ~ rt .¡ - ;" CITY OF NORTH RICHLAND HILLS 1epartment: Planning & Inspections Department Council Meeting Date: 11/13/00 ."-. . Subject: Consider Revision of High Grass & Weeds Ordinance Agenda Number: c;N 2000-t~ª to reflect changes in state statute regarding notification and abatement of high grass and weeds. - Ordinance No. 2528. . Staff is bringing this ordinance revision forward to be in conformance with the Public Nuisances Ordinance and reflect the recent changes in the state statute that now requires 7 days written ,notice rather than the previously required 10 day notice. We have also included the state provision for abating weeds without notice if they have grown higher than 48 inches and are an immediate fire or health danger. The High Grass & Weeds Ordinance is enforced by the Building Official. Each violation is subject to a fil,é up to $200 per day. The City has the ability and quite often has to mow lots and charge or lien the property owner. RECOMMENDATION: Staff recommends approval of Ordinance 2528 as a revised ordinance reflecting state statute for enforcing and abating High Grass & Weeds. "- Source of Funds: Bonds (GO/Rev.) Operating Budget ~ ~cR~~ ~ Department Head Signature Finance Review Account Number Sufficient Funds Available Finance Director ~i~Æ L:\Case8\GN Cases\GN High Grass & Weeds Page 1 of 1 ORDINANCE NO. 2528 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, PROVIDING FOR A NUISANCE FOR HIGH GRASS, WEEDS OR UNCULTIVATED PLANTS; PROVIDING FOR AN ABATEMENT PROCESS; PROVIDING FOR COMPLIANCE BEFORE PROCESSING DEVELOPMENT APPLICATIONS; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS: SECTION 1. It shall be unlawful for any person, firm or corporation owning or in control of any lot, tract or parcel of land, occupied or unoccupied, within the corporate limits of the City of North Richland Hills to suffer or permit grass, weeds, or any plant that is not cultivated, to grow to a greater height than ten (10) inches, on an average, or to grow in rank profusion upon said premises, including along the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb, then the property shall be maintained to the traveled portion of the street. In the case of agricultural tracts of five (5) acres or larger, this ordinance will be satisfied if the hay or grass is kept mowed to a height no greater than ten (10) inches for a distance of 100 feet around the entire perimeter of the tract. EXCEPTION: The owner of a property may make a written application for a permit to exhibit wild flowers. Such permit will be issued by the Building Official, without charge provided the written application is submitted not later than March 31, of each calendar year. The permit shall be limited to the blooming season of the specific wildflower named in the permit. SECTION 2. It shall be the duty of any person, firm or corporation owning or in control of any lot, tract, parcel of land, or portion thereof, occupied or unoccupied, within the corporate City of North Richland Hills to remove or cause to be cut and removed all such grass, weeds or plants as often as may be necessary to comply with Section 1 of this ordinance. SECTION 3. Whenever it is determined that a violation of this Ordinance exists the Building Official shall give notice of such violation or alleged violation to the person or persons responsible for such violation as follows: 1. The owner of a property shall be notified of violations of this Ordinance as follows: A. The notice shall be given personally to the owner in writing; or B. The notice shall be addressed to the owner at the owner's address as recorded in the appraisal district records of Tarrant County; or C. If the personal service cannot be obtained, 1) by publication at least once; 2) by posting the notice on or near the front door of each building on the property to which the violation relates; or 3) by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings. 2. Any notice that is mailed to a property owner in accordance with this Ordinance, and the United States Postal service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected and the notice is considered as delivered. 3. In a notice provided in this Ordinance, the enforcement officer may inform the owner by regular mail and a posting on the property, that if the owner commits another violation of the same kind or nature that poses a danger to the public health or safety on or before the first anniversary of the date of the notice, the City without further notice may correct the violation at the owner's expense and access the expense against the property. If a violation covered by a notice under this Ordinance occurs within a one-year period, and the municipality has not been informed in writing by the owner of any ownership change, then the City may without notice take any action and assess charges as permitted by SECTION 4. 4. The notice described in this section shall require compliance within seven (7) days of the notice of violation. SECTION 4. In the event that the land owner fails to abate the violation after notice, and the City enters upon the premises and does mowing or other work to bring the property in compliance, a charge will be made for mowing and clearing the lot which shall be a charge against the owner, and if not paid within 30 days of billing by the City will become a charge against the property. Said charge shall include an administrative fee of $105.00 which shall be charged against the owner of the land in question and shall become a charge against the land if not paid within 30 days of billing by the City. The City's charge for mowing and clearing of acreage shall be $75.00 per acre. The charge for mowing a platted lot shall be $60.00 per lot, plus actual cost of cleanup for vacant lots, and for lots with any type of building or structure the charge shall be $75.00 per lot for mowing, plus actual cost of cleanup. If the charge is not paid to the City within 30 days after billing, the City may file a lien upon the premises for all administrative fees and costs of abatement. Such lien shall be signed by the Mayor and shall contain a statement of charges and a total. The lien shall be filed in the Deed Records of TaITa nt County, Texas. The charges shown in the lien shall bear interest at the rate of 8% per annum from due date until paid. Suit may be filed for foreclosure of such lien. A certified copy of the lien filed in the Deed Records shall be prima 2 ~-_.~-_._'"--'~---"-""-~~-'--_._-~»^~-."...'--~._~-..----- facie proof of the charges and the reasonableness thereof as well as the validity of the lien. SECTION 5. To enforce any requirement of this ordinance, the building official may: 1. Do the work or make the improvements required, and 2. Pay for the work done or improvements made and charge the expenses to the owner of the property. 3. Cause appropriate action to be instituted a court of competent jurisdiction. SECTION 6. Additional Authority to Abate Dangerous Weeds 1. City may abate, without notice, weeds that have grown higher than forty-eight (48) inches and are an immediate danger to the health, life or safety of any person. 2. Not later than the 10th day after the date the City abates weeds under this section; the City shall give notice as described in Section 7. The notice shall contain: A. an identification, which is not required to be a legal description, of the property; B. a description of the violations that occurred on the property; C. a statement that the City abated the weeds; and D. a statement that the property owner has the right to request an administrative hearing concerning the abatement. 3. The City shall conduct an administrative hearing on the abatement of weeds if the property owner files with the City a written request for a hearing no later than the 30th day after the abatement of the weeds. 4. A hearing conducted under this paragraph shall be conducted not later than the 20th day after the date a request for a hearing is filed. The owner may testify or present any witnesses or written information relating to the abatement of the weeds. 5. The City may assess expenses and create liens as outlined in Section 4. SECTION 7. Before any application for change of zoning, platting or replatting may be processed, any and all liens and charges arising under the terms of this ordinance shall be satisfied. In addition the property will be inspected to verify that the property is not in violation of this ordinance. SECTION 8. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said Ordinance or the Code of Ordinances, which shall remain in full force and effect. SECTION 9. Ordinance number 2310 is hereby repealed in its entirety. SECTION 10.. That any person, firm or corporation violating any of the provisions of this ordinance or of the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of North 3 Richland Hills, Texas, shall be subject to a fine not to exceed the sum of Two Hundred ($200.00) Dollars for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 11. This ordinance shall take effect immediately after its passage as the law and charter provides in such cases. DULY PASSED by the City Council of North Richland Hills, Texas, on the 13th day of November, 2000. APPROVED: MAYOR ATTEST CITY SECRETARY CITY ATTORNEY APPROVED AS TO CONTENT: ~ 1)3i~ DEPARTMENT HEAD 4 1 " ;' CITY OF NORTH RICHLAND HILLS ,----,Jpartment: Planning & Inspections Department Council Meeting Date: 11/13/00 Subject: Consider Revision of Building Permit Fees to reflect Agenda Number: GN 2000-~~4 changes in corrected Building Code Tables. - Ordinance No. 2529. Staff is bringing this ordinance revision forward to be in conformance with current Buidling Code Tables. The previous ordinance and fee tables incorrectly stated the proper fee requirements. Building Permit Fees are based on total valuations. The corrected fee table represented buildings greater than $1 million. The old table required $4,995 for each $1,000,000 in valuation and $2.75 for each additional $1,000,000 or fraction thereof. The new fee table indicates $2.75 for each $1,000 above the first million dollars. This change has been reflected in the new Building Code Tables and will represent a more equitable fee structure that will benefit the City of North Richland Hills. RECOMMENDATION: Staff recommends approval of Ordinance 2529 as a revised Building Permit Fee schedule. \ ,-. Source of Funds: Bonds (GO/Rev.) Operating Budget Other = ;g0 -~~' Department Head Signature Finance Review Account Number ~~ _nœ~ ~...~~ L:\Cases\GN Cases\GN HIgh Grass & Weeds Page 1 of 1 ORDINANCE NO. 2529 AN ORDINANCE OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, AMENDING ORDINANCE 2451; PROVIDING FOR AMENDED FEE TABLE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS: SECTION 1. Table 1 - BUILDING PERMIT FEES is amended to read as follows: TABLE 1 - BUILDING PERMIT FEES Total Valuation Fee $1.00 to $500.00 $22.00 $501.00 to $2,000.00 $22.00 for the first $500.00 plus $2.75 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $63.00 for the first $2,000.00 plus $12.50 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $352.00 for the first $25,000.00 plus $9.00 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $580.00 for the first $50,000.00 plus $6.25 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $895.00 for the first $100,000.00 plus $5.00 for each additional $1,000.00, or fraction thereof, to an including $500,000.00 $500,001.00 to $1,000,000.00 $2,855.00 for the first $500,000.00 plus $4.25 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $4,955.00 for the first $1,000,000.00 plus $2.75 for each additional $1,000.00, or fraction thereof SECTION 2. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said Ordinance or the Code of Ordinances, which shall remain in full force and effect. SECTION 3. That any person, firm or corporation violating any of the provisions of this ordinance or of the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of North Richland Hills, Texas, shall be subject to a fine not to exceed the sum of Two Hundred ($200.00) Dollars for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 4. This ordinance shall take effect immediately after its passage as the law and charter provides in such cases. DULY PASSED by the City Council of North Richland Hills, Texas, on the 13th day of November, 2000. APPROVED: MAYOR ATTEST Y SECRETARY CI APPROVE~O CONTENT: .~}~ DEPARTMENT HEAD 2 CITY OF NORTH RICHLAND HILLS Department: Support Services Council Meeting Date: 11/13/2000 Subject: Refurbishing of four 1996 Tahoes by Shaheen Chevrolet Agenda Number: PU 2000-046 not exceeding the amount of $56,000 In the 2000-2001 Budget $56,000 was approved for refurbishing four Police Department patrol vehicles. Four 1996 Chevrolet Tahoes are scheduled to be refurbished by Shaheen Chevrolet as the Caprices have been done in. the past. The City has had 13 Police vehicles refurbished by Shaheen Chevrolet and two by Allen Samuels Chevrolet in Waco. The 13 vehicles refurbished by Shaheen have been extremely satisfactory and have been well accepted by the Police Department personnel who use them. The cost of refurbishing the four vehicles last year varied from $11,979 to $12,787, depending on the work needed. The results from the Allen Samuels Chevrolet of Waco were not as successful and we experienced several problems. Allen Samuels did not implement their refurbishing program as they had originally plannéd and have refurbished very few vehicles. The refurbishing program includes, but is not limited to engine, transmission, brakes, suspension, and interior renovation of each vehicle. Each vehicle is evaluated to determine performance ability and individual work needed to totally refurbish. Upon completion, vehicles should perform for another three years and 80,000 to 100,000 miles each. Each vehicle can cost effectively only be refurbished once. To expedite the refurbishing process and to prevent delays it is necessary to have the expenditure pre-approved. This will allow Staff to approve the actual cost of refurbishing up to $56,000 when the cost estimates are received. Shaheen Chevrolet is recognized as the leader in vehicle refurbishing. We believe the refurbishing program has worked well, and it can assist us with a cost-effective vehicle program. Recommendation: To approve the expenditure not exceeding the amount of $56,000 to Shaheen Chevrolet for the refurbishing of four 1996 Chevrolet Tahoes. Finance Review Source of Funds: Bonds (GO/Rev.) ~.~tlng~d~~ ~ ~~~ Department Head Signature Account Number 510-7032-712.74-10 Sufficient Funds Available Page 1 of _1_ CITY OF NORTH RICHLAND HILLS Department: Finance / Public Works Council Meeting Date: 11/13/2000 Subject: Authorization to Extend Annual Contract with HJG Trucking Agenda Number: PU 2000-047 for Top Soil, Sand and Flex Base In the 2000/2001 approved budget, Council appropriated funds for the purchase of various materials required for street repairs following water/sewer repairs or improvements. Last year formal bids were solicited for an annual contract to supply topsoil, cushion sand and flex base and at the October 11, 1999 meeting, Council awarded the annual contract to HJG Trucking in the amount of $64,050 (PU 99-41). Listed below are the bids submitted last year. HJG Trucking Marock Lowery Sand & Gravel Dirt Tech Select Sand & Gravel $64,050 $68,548 $73,400 $90,050 $97,410 These materials are used by the Public Works/Utility Department and are ordered and delivered on an as need basis. Bidders were requested to submit bids on estimated quantities of the above referenced materials and guarantee the price for a twelve-month period. HJG Trucking has stated they will extend the current contract an additional year at the 1999 bid prices. This company has been awarded the contract several years and has always provided good service and made deliveries within the required two days from date of order. The bid specifications and contract allow for the contract tq be extended for two additional one-year terms if it remains beneficial to the City. Recommendation: To authorize the contract extension with HJG Trucking to supply topsoil, sand and flex base. Finance Review 405-6004-731 .43-45 Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufflc t Funds Available Budget Director Page 1 of - \ CITY OF NORTH RICHLAND HILLS Department: Finance IParks & Recreation Department Council Meeting Date: 11/13/2000 Subject: Award of Bid for NRH20 Pool Refinishing to Classic Tile and Plaster and Approve Resolution No. 2000-084 Agenda Number: PU 2000-048 NRH20 Family Waterpark will enter its seventh season of operation in May of 2001. To emphasize our commitment to maintaining the park in the best possible condition, Council approved an infrastructure maintenance project during the most recent budget process for the current fiscal year. The project entails replacing the existing surface of all of the plaster finished pools at NRH20. The areas included in the project are the Endless River, the Body Flume Catch Pool, t~e Kiddie Slide Pool, the Tad Pole Train Station, and the Log Walk/Lily Pad Pool. The only areas not included in the project are the GREEN EXTREME landing pool and the NRH20cean, both of which are concrete finished pools. Formal bids were solicited for this project and the results are as follows: Classic Tile and Plaster Adams Tile and Plaster $205,549 $220,460 The project includes the removal of the existing plaster surfacing where necessary and replacing it with Pebble Tec, a surface that has shown great performance at the "beach" area of the NRH20cean and at the exit area of the Body.Flume Catch Pool. When applied by an authorized, Hcensed contractor, the product has a warranty of five years. Pebble Tec has been used at NRH20 since 1996 and has proven itselfto be very durable in the waterpark environment. Many other amusement parks and waterparks use this product including Wet 'n Wild, Orlando, FL and Hurricane Harbor/Six Flags Over Texas, Arlington, TX. The Pebble Tec surface can only be installed by authorized, licensed contractors. There are four authorized contractors in Texas. One company located in Austin declined to bid because of the traveling distance involved and the company located in Ft. Worth stated they do not have the time or the manpower to complete a project this size. Staff contacted the Texas representative for Pebble T ec to discuss the situation and get suggestions for the possibility of obtaining additional bids from out of state bidders. The closest out-of-state contractor is located in Arizona and they declined to bid because of the traveling distance. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Budget Director ----~_<:.- - aJ De artment Head Si nature .' CITY OF NORTH RICHLAND HILLS One of the benefits of this project includes the ability to drain all of the pools during the off season. This will enable NRH20 staff the option to drain the facility during the off season, aiding in the maintenance of the facility. Plaster, the current surface, does not allow the ability to drain the facility for long periods of time. This resutt of using plaster is a decrease in the amount of time staff can perform maintenance because they are working "against the clock". Examples of off season maintenance includes removing, repairing and installing the pads in the Train Station, repainting the highlights in the Endless River (this will not be necessary with the new Pebble Tec) and working on the bases of both the SCS Interactive apparatus and the NBGS AquaExpress Train. Currently, if the plaster pools are drained, NRH20 staff begins to "irrigate" the plaster by spraying it with water to keep the surface from cracking. Another benefit to the Pebble Tec surface is the aesthetic appeal. Currently when a section of plaster must be patched, the resulting surface does not match the surrounding existing surface. This gives the facility a "patchwork" appearance and is not as appealing as a uniform look. The Pebble T ec surface works where naturally tumbled pebbles and specially formulated cement are combined with water and additives, then pneumatically applied to the interior of the pool. Patches, if required, use the same type of pebbles resulting in a smoother transition from the patch to the existing area. This project also includes installation of five hydrostatic relief valves in existing drain boxes. Classic Tile and Plaster of Grapevine, Texas met all the specifications and general conditions of the bid and can complete the project within 90 days. This company installed Pebble T ec in the wave pool in 1999. and completed the project within the budget and the completion days bid. The approved budget included $210,000 for this project and the bid is within the approved fund allocation. Potential cost savings include decreases in the electrical expense of operating the pumps throughout the off season months, in the amount of water used in the chemical costs to treat the pool water and in the staff time required to clean the pools during the off season. Recommendation: To award the bid for pool refinishing to Classic Tile and Plaster in the amount of $205,549 and approve Resolution No. 2000 - 084 authorizing the City Manager to execute the contract. ~I CITY COUNCIL ACTION ITEM Page RESOLUTION NO. 2000-084 BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager is hereby authorized to execute the contract with CLASSIC TILE & PLASTER to refinish various pool surfaces, Bid #01-940, as the act and deed of the City. PASSED AND APPROVED this 13th day of November 2000. APPROVED: Charles Scoma Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City APPROVED AS TO CONTENT: -- ~~.J Jim Browne, Director of Parks and Recreation CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 11/13/00 ~bject: Public Hearing to consider a Special Use Permit to allow Agenda Number: PZ 2000-40 . A convenience store (kiosk) with gas sales within 200 feet of residential property and exterior materials other than masonry requested of WCJ Rufe Snow 94, Ltd. Represented by S,C. Equities. This property is located at 7150 Rufe Snow Drive 8203 Starnes, being Lot 11, Block 6, Crestwood Estates. Ordinance No. 2527 Background WCJ Rufe Snow 94 L TD, represented by S.C. Equities (Tom Thumb) has submitted an application requesting a Special Use Permit for construction of a 300 square foot one-story Kiosk building with gasoline sales within 200 feet of residential property and exterior materials other than masonry. The tract in question is located at 7150 Rufe Snow Drive, just North of Hightower Dr. The property is zoned C1 Commercial. The Zoning Regulations require a Special Use Permit to allow this use with the gasoline sales because it is within 200 feet of residentially zoned property. There is a multi-family ~evelopment directly abutting this to the East. The site plan indicates a 12' X 22' kiosk building with 14 separate gas pumps. The site plan and landscape plans have been reviewed and do meet the city zoning, landscaping, and sign regulations. A specific variance from 100% masonry is requested. The top 4 feet of the building are proposed to be stucco finish. This includes 25% of the building elevation. L a applicant has submitted a Final Plat for this property which is in review and will be scheduled for a future meeting. One issue with the future plat is the drive approaches. While the proposed shared drive entry on the North is acceptable there is a question about additional future access for the property to the North. A letter from the owner of the tract to the North is expected to clear up this issue and should be resolved as part of the final plat. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available Finance Director --.1Qrp~ Department Head Signature ~ú ' JCI~~ '... L:\Cases\PZ Cases\2000\PZ 2000-40-41 Tom Thumb Gas SUP CITY OF NORTH RICHLAND HILLS Surrounding Future Land Uses ~. The property in question is shown to be Commercial in the current and proposed 'Comprehensive Land Use Plan. . Future Land Use (Future) Future Land Use (Pro osed) Commercial Commercial Commercial Commercial High Density Residential High Density Residential Out of City Limits Out of City Limits North: South: East: West: RECOMMENDATION: The Planning and Zoning Commission met on Thursday, October 26, 2000 and recommended approval of PZ 2000-40 by a vote of 5-0. If the Council determines that this site plan is acceptable, the following motion is recommended: Approval of PZ 2000-40 and Ordinance No. 2527. L Documents Page 2 of 2 j . l " I I i L CITY COUNCIL ACTION ITEM -....k 6SØ 2 9 ;, 4 ........--....-. 11 12 4 13 11 - 12 4 .- :0.... ,- ~ ..~ __.~ _ :.-..e .- - 10 - 11 - 12 - 13 14 - 15 16 2 1 12 13 m . FAIR MF...ADOW Dr.' .< 3 7 8 7 6 543 2 RIDGE'fOP DE 9 <. ~'. 1 > ... 36 ~.. I'; .":. ., :-= 51g9 -. I :.. \.." ~ .... .... ... ':' 67N 33 , '. ..- '.:: 35 34 . ...... ...... 1 3 2 "* ~ " PI 2000-40 SPECIAL USE PERMIT 3. TR 1G .918 AC ~ ~- ~O"Vf S~ . G£ 11111\ ;::a¡ ~ ~ ;~ ~. 1CN . .5675 I! ,..,. ~.. C f../.; ~:< ,. ~ « -< 18 3.868 CI ;:.0. !! 1 CS ::'! .4747 It ", 3 18 3..868 tI :~ :~ 1A 1.338 AC TRACT B . 517 AC ~ Z! 8 2 A2 1 10 9 8 1 61 -- .. -- - ~ .' :,0& ~ :.... ., A1 ¡ .. i ¡¡; I I ii ¡¡ I! :1 ¡I~: I jlf~ \ .~ !i II ìI ····,1,.·... c'~:;·...J·· ;¡ " it j¡ i¡ ! II ij i¡ II il H :: ¡¡ II "1 " iL ¡~~ !E'<I··1., I..,.. i !·:·~~I i-I: ¡ I·.··'j ~ .. '.. ~J~ i ¡ ~-..; PI:" :'":-- 1 .<1'. >.. ; i..·· FÚfþ A ::::::::::::::::: . . .:::::::::::=:=:: :::::::::::::::~~i.~:~:~:: ::::::::.-::1:«9:::::::::: :.:.:.:.:.......:.:..:.:.::~~.. . ~:~I~.:::::M: X,·· ... . .......................... ~:?' ~~:~~~~~~~~~~~~~~~~~~;~~~~~~~~~~~~~~~~ :::::::::::::::::::::::::::::::::::::: ::::::::::::.:. ................. 1 "", 8.23 CI L- O~ ~ S~ \)\) ~ 1'1Þ ~ ~ ~, \<..\J~ ~GV .-~\~! \\>\> ?~ ~1 8.23 II .."'" 2 1 . 0 (! ~ :~ :;'I - ~ :.,i ; t"! ;..~ .: :""~ ~;{ .~? T? ;~ or:; .o;.;.~ ~ ~ 1 \Gt\ , .644 11\:\ \' "" o,~þít ~ 3A 1 2.3'1 AC 2 .80 tI 3B .574 II " .. TR 3A1 n.286 AC NOTICE OF PUBLIC HEARING OF THE NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Because you are a property owner within 200 feet of the subject tract of land as shown by the last City-approved tax rolls, you received this notice. 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 scheduled meetings, 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 Request: PZ 2000-40 S.C. Equities Public hearing to consider the request of WCJ Rufe Snow 94, Ltd., represented by S.C. Equities, for a Special Use Permit to allow a convenience store (kiosk) with gas sales within 200 feet of residential property. This property is located at 7150 Rufe Snow Drive. Hearing Procedure: Planning and Zoning Commission and City Council When: PLANNING AND ZONING THURSDAY, OCTOBER 26,2000 CITY COUNCIL MONDAY, NOVEMBER 13, 2000 7:00 P.M. PUBLIC HEARING - PLANNING AND ZONING COMMISSION AND CITY COUNCIL Time: What: 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. M:\Property Owner Notification\PZ\PZ-2000-40.doc PZ-2000-40 SUP Fairfield Rufe Snow Apt. L TD P.O. Box 5407 Arlington, Texas 76005-5407 S.e. Equities 6780 Abrams Road, Suite 207 Dallas, Texas 75231 Sun Lüe Assurance Co. Canada Attn: Jim Schwalls & Associates, Inc. P.O. Box 830509 Flichardson,Texas 75083-0509 WCJ Rufe Snow 94, L TD 500 W. 13th Street, Suite 100 Fort Worth, Texas 76102 ORDINANCE NO. 2527 AN ORDINANCE BY THE CITY OF NORTH RICH LAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE, TO AUTHORIZE A SPECIAL USE PERMIT TO ALLOW A CONVENIENCE STORE WITH GAS SALES ANQ EXTERIOR MATERIALS OTHER THAN MASONRY IN A C-1 COMMERCIAL ZONING DISTRICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of the Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS: 1. THAT, in case number PZ 2000-40, a Special Use Permit be hereby authorized to allow a convenience store with gas sales and exterior materials other than masonry for Tom Thumb on property known as Tract 1 G3, John Condra Survey #311 at 7150 Rufe Snow Drive in a district zoned "C-1" Commercial. 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. Ordinance No. 2527 Page 1 of2 4. PS-2000-33 CONSIDER PRELIMINARY PLAT OF LOTS 1-6, BLOCK 1, SMITHFIELD CORNERS ADDITION AS REQUESTED BY PROPERTY CLOSING, LRD, REPRESENTED BY WASHINGTON & ASSOCIATES. THIS 8..44 ACRE TRACT IS LOCATED AT THE SOUTHEAST CORNER OF DAVIS AND MID-CITIES. APPROVED Wayne Flores was present representing Washington & Associates. There was no discussion. The chair entertained a motion. Mr. Davis moved for approval. Mr. Blue seconded. The motion passed unanimously (5-0). 5. PZ-2000-40 CONSIDER THE REQUEST OF WCJ RUFE SNOW 94, L TD.., REPRESENTED BY S.C. EQUITIES, FOR A SPECIAL USE PERMIT TO ALLOW A CONVENIENCE STORE (KIOSK) WITH GAS SALES WITHIN 200 FEET OF RESIDENTIAL PROPERTY AND EXTERIOR MATERIALS OTHER THAN MASONRY. THIS PROPERTY IS LOCATED AT 7150 RUFE SNOW DRIVE. APPROVED Ron Yeary was present representing S.C. Equities. John Patterson was present representing Morrison & Associates. After discussion, the chair entertained a motion. Mr. Nehring made a motion to recommend approval of this request. Mr. Bowen confirmed that the motion included the use of exterior materials other than masonry as shown on the site plan. Mr. Blue seconded the motion. The motion passed unanimously (5-0). 6. CITIZEN COMMENTS There were none. ''-- Page 2 1 0/27/00 P & Z Minutes 4. I .~. SAVINGS CLAUSE. That the Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this Ordinance. 5. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL THIS 13th DAY OF NOVEMBER, 2000. Charles Scoma, Mayor City of North Richland Hills, Texas ATTEST: I " \ .~ City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: ~d2,(~ Development Director APPROVED AS TO FORM AND LEGALITY: ~ Ordinance No. 2527 Page 2 of 2 ..- 1 CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 11/13/00 Subject: Approve "No Parkina Anvtime" Zone on the North and South Side of Ice House Drive - Ordinance No. 2518 Agenda Number: GN 2000-125 The Fire Department and the Public Works Department are recommending a "No Parking Anytime" zone be established along a portion of Ice House Drive. The south side zone will be established from the dead end of Ice House Drive east for 125 feet (or beginning 770 feet east of the centerline of Simmons Drive and ending 645 feet east of same centerline). The north side zone will start at the northeast curb return on Ice House Drive that intersects the designated fire lane, and continue east for 50 feet (see Exhibit "A"). The vehicles that park along this section of Ice House Drive block enough of the roadway to cause the Fire Department problems in maneuvering their equipment around the Blue Line Ice Complex. ! ' Staff has informed representatives of Blue Line Ice of the plan to install the No Parking signs along this section of Ice House Drive. The representatives have indicated they have no objections to the No Parking zone. This complies with Council Goal #1, "better response times" and Council Goal #6, "improved traffic safety". Recommendation: To approve Ordinance No. 2518. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds AvallaDle 1\ ~ ORDINANCE NO. 2518 In order to protect the health and safety of the City and it's inhabitants, IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, that: It shall hereafter be unlawful for any person to park or leave unattended any motor vehicle at anytime upon the public street or portions thereof set out as follows: 1. On the south side of Ice House Drive from the deadend east for 125 feet (from 770 feet east of the centerline of Simmons Drive to 645 feet east of the same centerline) and the north side of Ice House Drive from its northeast curb return with the east edge of the fire lane which runs along the west side of the Blue Line Ice Complex east for 50 feet (or beginning 670 feet east of the centerline of Simmons Drive and covering 50 feet east along the north curb line). 2. It is ordered that appropriate NO PARKING ANYTIME signs are authorized and directed to be installed upon the right-of-way of the above public street giving the public notice of these regulations. 3. Any person violating any portion of this ordinance shall be deemed guilty of a misdemeanor and fined not in excess of $200.00. 4. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. PASSED AND APPROVED this the 13th day of November, 2000. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary lc PARKING. NOR~ SlP€.) "A" E..XHIB"'IT M ro - c'rr:t£s B L'I D / bt.16T1NGr D[AO ENO ~A-~ \:) IMA L-Ar-t f.,. BLU~ L,ME. ~ Cöt11PI$.X ~10( I-\ÖL(~€. D~"e.. {,pLt-S f No PARKJI\.L& (SOL\~ SID£ J U) '> & \1\ "Z ~ í V\ .' ¡ CITY OF NORTH RICHLAND HILLS ~_ Department: Public Works Councit Meeting Date: 11/13/00 Subject: Approve uNo ParkinQ Anytime" Zone for the 3800-4000 Block of Dawn Drive - Ordinance No. 2526 Agenda Number:GN 2900-126 The Public Works Department is requesting the west side of Dawn Drive from Onyx Drive North to Glenview Drive be designated as a uNo Parking Anytime" zone. The Public Works and Police Departments have received numerous complaints concerning the parking of vehicles on Dawn Drive. In the evening hours and on the weekends, people park on both sides of Dawn Drive with utilizing Linda Spurlock Park which creates one lane open for both north and south bound traffic. This parking creates traffic congestion and a sight visibility problem for motorists traveling on the street. The Police and Parks and Recreation Departments are in agreement with this proposed ordinance. This ordinance will repeal Ordinance No. 2300 which established a "No Parking" zone for 100 feet north and south of Chartwell Drive on thewest side of Dawn Drive. This section of roadway will be included in this ordinance. Recommendation: To approve Ordinance No. 2526. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other qJÞL \ '»1 ~., Account Number Sufficient Funds AvallaDle Finance Director ORDINANCE NO. 2526 In order to protect the health and safety of the City and its inhabitants, IT IS ORDAINED BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. It shall hereafter be unlawful for any person to park or leave unattended by motor vehicle along the west side of Dawn Drive from Onyx Drive North to Glenview Drive. 2. It is ordained that the appropriate NO PARKING ANYTIME signs shall be installed upon the right-of-way of the above public street giving the public notice of this parking regulation. 3. Ordinance No. 2300 is hereby repealed. 4. Any person violating any portion of this ordinance shall be deemed guilty of a misdemeanor and fined not is excess of $200.00. 5. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. PASSED AND APPROVED, this the _ day of .2000. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary AND LEGALITY: Rex Mc ntire, Attorney for the City ens, P.E., Pu lic Works Director ~ /~--;;;;--~~ .m \\.' ~ _'_·-(~oo.í~. 1/ \. //""'\:>':d ,. .--v" \(" \,ç " ....~-......., '~fZ 40Z6' / \\ \ CT· j ¡-"-'-' é þ. ~.b~J.~;;;:.:::=;;;/ "\ // .--:.- \ -, UØI \ '104 \ /! I No Parking Hnytime 3800-4000 Block of Dawn Driue West Side Only It'd.'; rCH .. J\ ~.os __.--- ~ I ,--' \\ ./ ..--.--..--- . \ // ___._3:.__._-..-,'\\, ./ ./ 34-'1:: . ./ w. !\;ü! 1... I' " '/ ë"~> --..~"II .-.J- ,.~~_,. ¡ Ii fa! "''-..,-'I.~.. WS /to (~::~ ,... '-.#fI: Ii 31" ./.' :,...' -~:...// +,./I;~" "\ ~~w.. / \ ii" .' ~ "..' '. ./" V\jiv I í\':---- -.--J i ~. ,. 1:''1' \,... ..^,. . . \ .A '\" '. '.40 /' ,;¡;.. '\ \ .r.o '''''' ,-,. /., / . .\ UU :, '-.-. '. ..... "",. . ~ . : . .- '-';j JU, "Y_~. /' \ \ '. ~ IIU :: / '" .. U1I :: \ -/: I' " I \ \ ---"- , '- . ;:. ....... ./\ UfI' '''. -:.~. : : " i (. --..-. .: _ " ",./'" ~. "'.\ I \ JU' . ! . ~ --··1:· 1 I, \ //~:L ..-' : " ·õ 1/ I mz / '~~: \. .~., ,J; ,.- ~__.._ I! ..II JU1· ° i l..-, '-Z ~M,' C J.:;,:;-::"::;;;\ w z í "1 i --tji-- ! I '. " ~ ~'<;~" -'" ¿' u" : ¡ '. :c l I '-,A ~~.:,/ \. UD' "\ :__.,..... Ii . fl w, "0 UiI' \\ \ uu ,~~.~;/ UD< \ "',.-1 '-__. :/Gq 1-._ s:: .__..,\. .~~~,}. \ \...__-/.-¡ \ m. ì/~ ~ ..-,.-. -¡-- '~,:,;,4' ,.j" ").---.( UD' ¡ m. \. /I~C,; ': UlZ t ~:~;i" o;;~~o:~· w !, .... ,.:-----=Lvf~r:~·:fl ... ~ \ < /;'''-'~J;-'--'-'-:~''~=--=:-- r, - ~:~"~"\ m, "Ä:..-.J.:d2'ç" Z ~:-:(-. , '. ¡ , / ..~~ "011 !'H ,/ " d'~M ~",! UOI ~ ~ I uøD ; \. / 0\ C:~ /. ,IOCUI , :~: \ uø< \. / ..,ø~O\~- \ - ·n, . J L . . .l- / u,,, '. .._L.._ ~ .._..L.._..--1L...._.._. .. . \ '<' ··-r,.~o" i~ r--'-r"!-'-~"!-",- ~u~+r' UØf:ëf :::: "'J i UH I '~C{",I 'u, I uu I 1.~¡f ~ ::: ! i i 9-~¡,,~ ¡ ¡ UIf, ..-t!"8c-_..' '8"e1---'---"--'--"---4I!.:.-"-'-": ONYX DR N. IOf&&: 3l1SZ -{ '" ~ :,~ ~ =ª ~ ..., ë:) ~ ..., Ö ! as :::c 12:.... " r '.Ofl ~ ~ ~ ~ \J ~~ ~~ :Z~ ,~ '-.JV') '40' HARIION110N RD .,~~~-, ....".tI -------.. JII'D ------- ~.a. U_h_.._ .._._ uu --..-..-., .. .. .. ~ ~ ... :z: ... J. ~ NeRTH RICHLAND HILLS F.H. PlU-SSUIES .... "'AI. -.. --- ,6417 'N.DO ..... 4441 4441 tI.. 01 .. .... ..... 4-441 ,..... ..... 4-446 ,..... ..... 7$62 7:1... 7:17' "'.M n." --- OCTOB ER 6, 2000 1ID¡]J@¡y....""~~ 1m OCT i ',I 2000 MR. TIMMY CATES NRH DEPT. OF PUBLIC WORKS nOO-A DICK FISHER DRIVE soum N. RICHLAND HILLS, TX 76180 DEAR MR. CATES: I SPOKE WITH YOU YESTERDAY REGARDING A TRAFFIC PROBLEM IN N. RICHLAND HILLS. THE PROBLEM IS WITH CARS BEING PARKED ON BOTH SIDES OF TIlE 4100 BLOCK OF DAWN A..1\ID THE 6400 BLOCK OF HARMONSON BY TIlE LINDA SPURLOCK PARK.. THIS SITUATION HAS BEEN COMMON ON TUESDAY AND THURSDAY BETWEEN 6 PM AND 7 PM. THERE HAS BEEN A LOT OF CHILDREN'S SPORTS PRACTICES AT THIS TIME. I HAVE NOTICED THIS BEING THE CASE FOR TIlE LAST COUPLE OF WEEKS. THE NRH POLICE DEP ARATMENT TOLD ME TIIAT IN ORDER FOR TIlEM TO TICKET ANYONE FOR PARKING, THERE FIRST NEEDS TO BE NO PARKING SIGNS POSTED. PLEASE LOOK INTO THE SITUATION AND SEE IF YOU THINK "NO PARKING" SIGNS WOULD WORK BY PUTIING THEM ON ONE SIDE OF EACH STREET (DAWN & HARMONSON). THE REASON FOR MY CONCERN IS TIIAT TWO CARS CANNOT DRIVE DOWN TIlE STREET GOING OPPOSITE DIRECTIONS WHILE THESE CARS ARE PARKED ALONG BOTH SIDES. I WOULD APPRECIATE YOUR DEPARTMENT BRINGING THIS MATIER TO THE ATTENTION OF OTHER DEPARTMENT HEADS TIIAT NEED TO BE NOTIFIED REGARDING A CHANGE BEING MADE IN THE SIGNS ALONG THESE TWO STREETS. SINCERELY, &¡6~~ KAY BROADIE 817-624-9882 817-589-1688 '""",, ! I CITY OF NORTH RICHLAND HILLS Department: Information Services Council Meeting Date: 11/13/00 Subject: Consideration of Lease Aareement with Metricom for Antennae at Bursey Road Water Tower Resolution No. 2000-88 Agenda Number: GN 20«)0-12_7 Metricom is a provider of wide-area mobile data communications solutions and is proposing to place communication antennae atop the Bursey Road water tower. Metricom has an existing and near identical agreement at present with the City of North Richland Hills utilizing the Amundson water tower. Metricom is proposing an initial lease period of 50 months, and the right to extend the initial lease for 2 additional, 50-month renewal terms. Metricom would pay the City $120,000 for the initial 50-month term, payable in quarterly - installments of $6,000. The rent payment would be increased by 15 percent at the beginning of the next renewal term and subsequent terms. - Per the City's.comprehensive zoning ordinance (Section 745), Metricom will be "co- locating" with an existing communications provider, Voice Stream, at this location. The contract contains the following verbiage: "All cabling to be used for the communication facility will be located inside of the water tower legs in rectangular conduit. Metricom will paint the antennae(s), conduit, exposed cables and any other exposed facilities to match as close as reasonably practicable, the Tower base in color." A photo depicting the proposal from Metricom is attached. More information about Metricom can be found at www.metricom.com The City Attorney has reviewed the proposed lease agreement provided by Metricom and the site drawings were reviewed by the Public Works Director. Staff believes it to be in the best interest of the City to enter into this lease agreement. Recommendation: To approve Resolution No. 2000-88 allowing the City Manager to proceed with executing the aforementioned lease agreement with Metricom on the City's behalf. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review o /tt1. . '1 /.. '/ Account Number ~ f'~ Sufficient Funds Available .' . ~ .. Finance Director Budget Director ~ í ~ :¡ j PROA 1 of 1 . .-----:--o--.~..-._....-.,.""---""" RESOLUTION NO. 2000-088 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 Communication Facility Lease with METRICOM, INC. for antennae space at Bursey Road water tower, as the act and deed of the City. ' PASSED AND APPROVED this 13th day of November, 2000. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO CONTENT: Communication Facility Lease THIS COMMUNICATION FACILITY LEASE (this "Lease") is made as of .2000 (the "Effective Date"), by and between North Richland Hills, a Municipality, as lessor ("Lessor"), and METRICOM, INC., a Delaware corporation, as lessee ("Metricom"). 1. PREMISES. Lessor is the owner of that certain real property located at 7301 Bursey Road in the City of _North Richland Hills, State of Texas, commonly known as . as more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "Property"). Lessor hereby leases to Metricom certain portions of the water tower and ground space (collectively, the "Premises") located on the Property. The Premises are more particularly described on Exhibit B attached hereto and incorporated herein by reference. Metricom shall have the right to use the Premises for the purpose of installing, removing, replacing, modifying, maintaining, and operating a communications facility including (without limitation) up to three (3) equipment cabinets; up to sixteen (16) radios and antennas; and associated equipment, fixtures, and cabling (collectively the "Communication Equipment"). 2. TERM OF LEASE. The initial term (the "Term") of this Lease shall be sixty (60) calendar months commencing upon the start of installation of the Communication Equipment (the "Commencement Date") in and about the Premises and expiring on the date which is sixty (60) calendar months thereafter. Metricom shall have ,the right to extend the Term for two (2) successive sixty (60) month terms (the "Renewal Terms") on the same terms and conditions. This Lease shall automatically be extended for each successive Renewal Term unless Metricom notifies Lessor of its intention not to renew at least thirty (30) days prior to commencement of the succeeding Renewal Term. 3. RENT AND COSTS. Metricom shall pay Lessor One Hundred Forty Four Thousand and No/I00 Dollars ($ 120,000.00) as full rental for the initial Term (the "Rent"), payable in quarterly installments of Six Thousand and No/I00 Dollars ($ 6000.00) each (the "Quarterly Payments"). The first Quarterly payment of Rent (the "Initial Payment") shall be payable within thirty (30) days of the Commencement Date, prorated as appropriate. Subsequent Quarterly Payments shall be payable on or before January 1, April 1, July 1, and October 1 of each year. The Rent shall be increased at the commencement of each Renewal Term by an amount equal to fifteen percent (15%) of the Rent in effect for the previous Term. All payments due under this Agreement shall be sent to Lessor's address indicated under § 12 below, to the attention of Mr. Terry Kinzie. 4. ACCESS TO COMMUNICATION EQUIPMENT. After the initial installation of the Communication Equipment, Lessor shall permit Metricom unrestricted access to the Property and Premises seven (7) days a week, twenty-four (24) hours a day. To facilitate such 24/7/365 access, Metricom shall have the right to install a lockbox at a mutually agreeable location or the parties shall make other appropriate arrangements. 5. INSURANCE. Metricom at its own cost shall obtain and maintain at all times during the term of this Lease Commercial General Liability insurance, including contractual liability, protecting Metricom in an amount not less than One Million Dollars ($1,000,000) each occurrence and in an amount not less than One Million Dollars ($1,000,000) annual aggregate. Such insurance policy shall name the Lessor as an additional insured as respects liability arising out of and in connection with the presence of Communication Equipment at the Premises. Such coverage shall not be canceled or materially altered to reduce the policy limits until the Lessor has received at least thirty (30) days' advance written notice of such cancellation or change. Metricom shall be responsible for notifying the Lessor of such change or cancellation. Such insurance policy shall contain a severability of interest clause. 6. INDEMNITY. Metricom shall indemnify, protect, defend, and hold Lessor and its employees harmless from and against any and all claims, liabilities, judgments, costs, damages, and expenses, including reasonable attomeýs fees, arising out of or in any way related to the Communication Equipment, including the installation, maintenance, operation, or removal thereof, except to the extent that such claim, liability, judgement, cost, damage, or expense arises from the negligence or willful misconduct of Lessor, its employees, or agents. 7. NON-INTERFERENCE. The Communication Equipment and the use thereof shall not interfere with the use of any other communication or similar equipment of any kind and nature owned or operated by Lessor or other occupants in the Building existing as of the Commencement Date, except as may be permitted by applicable laws; provided, however that subsequent to the installation by Metricom of the Communication Equipment, Lessor 1 ROWFonnDocs \ WAP\ WAP Master 12-7-99.doc agrees not to install or allow installation of new equipment 'on the Premises if such equipment causes interference with Metricom's operations. All interference claims shall be settled in accordance with the then prevailing interference rules and regulations promulgated by the FCC. 8. UTILITIES. Metricom shall be entitled to install, and shall pay for any utilities and services required for the Communication Equipment. Lessor shall provide Metricom, at Metricom's cost, with such reasonable assistance as is necessary to enable Metricom to arrange for such utilities and services. 9. ASSIGNMENT. This Lease shall not be assigned by Metricom without the written consent of the Lessor, which shall not be unreasonably withheld, delayed, or conditioned. The transfer of the rights and obligations of Metricom to a parent, subsidiary, or other affiliate of Metricom, or to any successor in interest or entity acquiring fifty-one percent (51 %) or more of Metricom's stock or assets, shall not be deemed an assignment. Metricom shall give to Lessor at least thirty (30) days' prior written notice of any transfer for which Lessor's consent is required hereunder. 10. IMPROVEMENTS; REMOVAL OF COMMUNICATION EQUIPMENT. Metricom may, at its expense, make such improvements to the Premises as it deems necessary for the operation of its communication facility. All cabling to be used for the communication facility will be located inside of the water tower. Metricom will paint the antennae(s) to match as close as is reasonably practicable the Tower base in color. Lessor agrees to cooperate with Metricom, at Metricom's expense, in obtaining any required permits or zoning approvals. The Communication Equipment is and shall remain the property of Metricom; and upon the expiration or earlier termination of this Lease, Metricom shall, at Metricom's sole cost and expense, remove the Communication Equipment and return the Premises to substantially the condition existing on the Commencement Date, normal wear and tear excepted, or leave it in itS improved condition, as reasonably appropriate under the circumstances. Lessor reserves the right to perform maintenance on and make modifications to the water tank, both structural and cosmetic, at whatever intervals may be required to assure the integrity and longevity of the facility, provided Lessor will use its best efforts to provide Metricom with sufficient notification of the intended work and an opportunity to temporarily relocate its Communications Equipment to continue its operations, or otherwise secure the equipment to protect from damage. Metricom is allowed to install any type of temporary facility necessary to keep its Communications Equipment operational. Lessor will conduct any maintenance as diligently and expeditiously as possible. However, Landlord will not be responsible, provided notification is given as required herein, for system outages of up to thirty (30) days resulting from Landlord's need for unusually extensive maintenance and any inability of Landlord to accommodate a relocation of Tenant's antennas to keep them operational. In the event that a mutually agreeable location is not available or the operation of the Communication Equipment is interrupted for thirty (30) days or more, all rental payments shall be abated until such time that Metricom is able to resume operation of its Communication Equipment. 11. TERMINATION PRIOR TO EXPIRATION. This Lease may be terminated by either party upon forty-five (45) days' prior written notice to the other party upon a default of any material covenant or term hereof by the other party which is not cured within forty-five (45) days of receipt of written notice of default; or, if such default is not curable within forty-five (45) days, if the defaulting party fails to commence such cure within forty-five (45) days or fails thereafter diligently to prosecute such cure to completion; provided that the grace period for any monetary default shall be ten (10) days from receipt of notice. This Lease may also be terminated by Metricom on at least forty-five (45) days' prior written notice to Lessor if (i) Metricom is unable to obtain any requisite permit or authorization or any such permit or authorization is subsequently revoked or not renewed; (ü) any physical equipment or electronic emissions materially interfere with the operation of the Communication Equipment; or (iü) Metricom determines, based on technological or other developments, that it will be unable to utilize the Premises for their intended purposes. 12. NOTICES. Any notice or demand required to be given herein shall be made by certified or registered mail, postage paid, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below and shall be deemed given three (3) days after deposit in the mail as just described or on the date delivery is first attempted in the case of overnight courier, as follows: .. 2 ROWFonnDocs\ WAP\ WAP Master 12-7-99.doc METRICOM, INC. Attn: Network Real Estate 980 University Avenue Los Gatos, CA 95032 CITY OF NORTH RICHLAND HILlS Attn: Mr. Terry Kinzie 7301 N.E. Loop 820 North Richland Hills,Tx, 76180 Telephone: 817-427-6239 Either party may change its address by giving the other notice of a new address in accordance with the terms of this § 12. All payments to Lessor required hereunder shall be sent to the address specified for Lessor above. 13. ApPLICABLE LAW. This Lease shall in all respects be governed by the laws of the State of Texas without regard to its conflicts of law principles. 14. TITLE AND QUIET ENJOYMENT. Lessor represents and agrees (a) that Lessor is the owner in fee of the Property and Premises or that Lessor holds a leasehold estate in the same under which Lessor has the right to enter into this Lease of the Premises for their intended purposes hereunder; (b) that the person signing this Lease has the authority to execute it on behalf of Lessor; and (c) that Metricom shall have access to and quiet enjoyment of the Property and Premises at all times throughout the initial Term of this Lease and any Renewal Term, so long as Metricom is not in default beyond the expiration of any applicable cure period; and (d) that Lessor will not have unsupervised access to Metricom's communications facility in the Premises. 15. SHORT-FoRM MEMORANDUM. Upon Metricom's request, Lessor agrees to execute a Memorandum of Lease, in the form attached hereto as Exhibit C and incorporated herein by reference and acknowledges that Metricom may record such Memorandum of Lease in the official records of the county where the Building is located. In the event the Building is encumbered by a mortgage or deed of trust, Lessor agrees to assist Metricom, at no cost to Lessor, in obtaining a nondisturbance and attornment agreement in favor of Metricom for each such mortgage or deed of trust. If a Memorandum of Lease is in fact recorded, upon termination of this Lease, Metricom agrees to execute and record a quitclaim deed or such other document as may reasonably be required by Lessor or a title company to evidence the termination of Metricom's rights in the Premises. 16. SEVERABILITY. If anyone or more of the provisions of this Lease shall be held by court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such provision(s) shall be deemed severable from the remaining provisions of this Lease and shall in no way affect the validity of the remaining provisions of this Lease. No waiver by any party hereto of a breach of any provision of this Agreement shall constitute a waiver of any preceding or succeeding breach of the same or any other provision hereof. 17. LEGAL FEES. If any party commences legal proceedings for any relief against the other party arising out of or to interpret this Lease, the losing party shall pay the prevailing party's legal costs and expenses incurred in connection therewith, including reasonable attorneý s fees and costs as determined by the court. As used herein, "legal proceedings" includes any arbitration proceedings to which the parties may submit. 18. COUNTERPARTS; FACSIMILE SIGNATURES. This Lease may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. A copy of this Lease bearing the signature of a party which is transmitted by facsimile shall have the same legal effect as the personal delivery of a copy of this Lease bearing an original signature. 19. ENTIRE AGREEMENT; AMENDMENTS. This Lease, together with the Exhibits attached hereto, constitutes the entire understanding and agreement of the parties with respect to its subject matter; and there are no representations, promises or agreements between the parties except those found in this agreement; and any and all prior agreements, understandings or representations with respect to its subject matter, whether written or oral, are hereby canceled in their entirety and are of no further force or effect. Any amendments to this Lease must be in writing and executed and delivered by both parties. 20. STRUCTURAL ANALYSIS. Prior to the installation of Metricom's Communication Equipment, Metricom shall conduct an engineering study to determine whether Lessor's Tower is structurally sound to support Metricom's equipment and whether the drilling of any holes into or through the concrete tower pedestal will cause any 3 ROWFonnDocs\ WAP\ WAP Master 12-7-99.doc damage to the structural integrity of the Tower. Lessor will be provided with a certified letter from a licensed professional engineer indicating the results of the study. Lessor: City of North Richland Hills a Municipality Taxpayer ill No.: [Taxpayer ill No.] METRICOM, INC., a Delaware corporation By: By: [name typed or printed] [name typed or printed] Its: Its: Date: .2000 Date: .2000 4 ROWFonnDocs\ WAP\ WAP Master 12-7-99.doc [EXHIBIT A] [DESCRIPTION OF PROPERTY] This exhibit is attached to and incorporated into that certain Lease dated as of . 2000, by and between METRICOM, INC., a Delaware corporation, as licensee, and City of North Richland Hills a Municipality, as Lessor, and references the location and/ or legal description of the property subject to the Lease. All of that real property situate in the City of North Richland Hills County of Tarrant State of Texas described as follows: Lessor's Initials Metricom's Initials ._--,,----.._-,_._--~"-,-~.~"',..,.~--,~..,--"~-.. [EXHIBIT BJ [LOCATION OF PREMISES AND EQUIPMENT] This exhibit is attached to and incorporated into that certain Lease dated as of . 2000, by and between METRICOM, INC., a Delaware corporation, as lessee, and City of North Richland Hills, a Municipality, as Lessor, and references the location of the Premises and Communication Equipment within the Property to be utilized by Metricom pursuant to the Lease. Lessor's Access Contacts: During Business Hours: After Business Hours: Name: Name: Phone: Phone: Cell/PCS: Cell/PCS: Pager: Pager: Metricom may replace the attached drawings of the location of the Premises and Communication Equipment with construction drawings depicting same. Such replacement drawings shall be deemed a part of this Lease and be binding on Metricom and Lessor. Lessor's Initials Metricom' 5 Initials Recording Requested by: METRICOM, INC. 980 University Avenue Los Gatos, CA 95032 When Recorded Mail to: METRICOM, INC. Attn: Network Real Estate 980 University Avenue Los Gatos, CA 95032 only) (space above this line for Recorder's use Memorandum of Lease HIS MEMORANDUM OF LEASE is entered into as of . by and between City of North Richland Hills a Municipality with an office at 7301 N.E. Loop 820 North Richland Hills, T Texas_76180 ("Lessor'~) and METRICOM, INC., a Delaware corporation with an office at 980 University Avenue, Los Gatos, California ("Lessee"). AGREEMENT 1 LEASE OF PREMISES. For the purpose of installing, operating, and maintaining a communication facility and other improvements, Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, certain premises more particularly described in, and on the terms and conditions more particularly set forth in, that certain Communication Facility Lease dated .2000 (the "Lease") by and between Lessor and Lessee, which terms and conditions are hereby incorporated by reference. 2 The subject property affected by the recordation of this Memorandum of Lease is described in Attachment A attached hereto and incorporated herein by reference. The portion of the property being leased to Lessee pursuant to this Memorandum of Lease and the Lease is referred to as the "Premises" in the Lease and is described in Attachment B attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written. Lessor: ,a By: [name nJPedJ Its: Metricom: METRICOM, INC., a Delaware corporation By: [name typed] Its: ACKNO~EDGEMENTS STATE OF ) ss. COUNTY OF ) On before me, Notary Public, personally appeared . personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. (SEAL) Notary Public My commission expires: ----------------------------------------------------------- ----------------------------------------------------------- ) STATE OF ss. 'COUNTY OF On before me, Notary Public, personally appeared . personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. (SEAL) Notary Public My commission expires: A'IT ACHMENT A This attachment is attached to that certain Memorandum of Lease dated as of . by and between METRICOM, INC., as Lessee, and the City of North Richland Hills, as Lessor, and references all of that certain real property situated in the City of _North Richland Hills, County of Tarrant State of _Texas, described as follows: ~ .' . " % ;j, , t t ;. ATTACHMENT B This attachment is attached to that certain Memorandum of Lease dated as of . by and between METRICOM, INC., as Lessee, and City of North Richland Hills, as Lessor, and references the location of the Premises and Communication Equipment licensed to be installed and maintained under the Memorandum of Lease and the Lease: CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11/13/00 Subject: Appointments to Health Facilities Development Corporation Agenda Number: GN 2000-128 The terms of office for those individuals serving as directors on the Health Facilities Development Corporation expired November 1,2000. The Bylaws state that the directors shall be appointed by the City Council and shall hold office for a term of six years. This Board only meets when a request for some type of tax exempt funding as authorized by the Health Facilities Development Act is received from a local health facility. The following individuals are currently serving as the Board of Directors: Charles Brinkley Robert Harrison Don Ferguson Bob Hamm Clint Blackman Richard Work David Myers City Council is requested to appoint seven members to the Board of Directors of the Health Facilities Development Corporation, terms expiring 11/1/2006. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available ~bå~ Department Head Signature Finance Director ,~ CITY OF NORTH RICHLAND HILLS Department: Administration Council Meeting Date: 11/13/2000 Subject: Approvinq 2001 LeQislative ProQram and SettinQ Date for Agenda Number: .GN 2000-129 Presentation to State Legislators Attached is the proposed Legislative Program for the 2001 session of the State Legislature. We have modified this document based on your previous discussions, and staff has put each of the issues into one specific category based on the four guiding principles discussed in the introduction of the document as such: Erosion of local control Polygraph examinations of municipal employees - Telecommunications franchise rights - Authority to regulate the location of manufactured housing Uniform Election Dates Predictable and sufficient level of revenue Economic development authority - Tax exemptions Impact fees - Optional sales tax above limits for rapid transit - Scope of sales tax holidays State mandates - Mandate reimbursement Municipal court collection of state fees - State highway traffic signal maintenance Quality of life Highway improvement projects - Appropriations for road and bridge maintenance and expansion Photographic red light enforcement Rapid transit development - Streamline implementation of state transportation programs Diversion of state transportation funds - Metropolitan transit authorities offering service on a contractual basis Regulation of dangerous wild animals Upon approval, staff recommends presenting this document to our State legislative delegation before the legislative session begins Tuesday, January 9, 2001. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available Œ(~ Budget Director Finance Director ~~~~re Page 1 of 2 CITY OF NORTH RICHLAND HILLS Such a presentation could focus on priority items as selected by the City Council. Potential priority items could include: 1. Red light traffic signal photographic enforcement 2. TXDOT population thresholds for traffic signal maintenance 3. Sales tax simplicity for Internet collection purposes 4. Impact fees 5. Manufactured Housing location preemption in municipalities In addition, all legislators and staff members would be presented with a copy of the legislative positions document so they will have this information as the session progresses. Recommendation Approve the North Richland Hills 2001 legislative program. r CITY COUNCIL ACTION ITEM Page 2 of 2 2001 Legislative Positions November 2000 NRH City of North Rich/and Hills .-. -_.,-~"-""-~_.~<------~.._-~ INTRODUCTION Throughout the history of Texas, our legislators have created laws and policies that greatly effect the administrative and political decisions of the municipalities within the state. As the next Texas State legislative session begins to loom on the horizon, the City officials of North Richland Hills would like to state definitive opinions on some of the issues faced by our state legislators. This paper is intended to provide our positions and a small portion of background and reasoning for such positions. The City of North Richland Hills uses four primary principles in rendering its opinions on legislative issues. These are: 1. We will vigorously oppose any legislation that erodes the authority to govern our own local affairs. 2. Cities represent the level of government closest to the people. We bear primary responsibility for the provision of capital infrastructure and for ensuring our citizens' health and safety. Thus, we must be assured of a predictable and sufficient level of revenue and must resist efforts to diminish those revenues. 3. We will oppose the imposition of any state mandates, which do not provide for a commensurate level of compensation. 4. We will support any legislation that increases the quality of life for our citizens. This includes legislation that will not only provide an equitable amount of revenue for our city, but also provide equitable services that will encourage pride and growth in our community. Other issues will arise as time nears the next session. In such cases, this document will be amended and updated to suit the most current and important issues. However, if an issue arises that is not included in this project, we urge the legislature to keep our guiding principles in mind as they make important decisions concerning our future. November 13, 2000 2 """"._-"~. ".~'-,.._..~~_.~~----------..._-~"""-,-------- Table of Contents ~ Legislative Positions . Principle One: Erosion of Local Control 1. Polygraph Examination - p. 5 2. Telecommunications Franchise Rights - p. 6 3. Authority to Regulate the Location of Manufactured Housing - p. 7 4. Uniform Election Dates - p. 8 · Principle Two: Predictable and Suffjcient Level of Revenue 1. Economic Development Authority - p. 10 2. Tax Exemptions - p. 11 3. Authority to Levy and Collect Impact Fees - p. 12 4. Optional Sales Tax Above Limits on Rapid Transit - p. 13 5. Scope of Sales Tax Holidays - p. 14 . Principle Three: State Mandates 1. Mandate Reimbursement - p. 16 2. Municipal Court Collection of State Fees - p. 17 3. State Highway Traffic Signal Maintenance - p.18 . Principle Four: Quality of Life 1. Highway Improvement Projects - p. 20 2. Appropriations for Road and Bridge Maintenance and Expansion - p. 21 3. Photographic Red Light Enforcement - p. 22 4. Rapid Transit Development in Texas - p. 23 5. Streamline Implementation of State Transportation Programs - p. 24 6. Diversion of State Transportation Funds from Non-transportation Funds - p. 25 7. Texas Department of Transportation Funds to address backlog of projects - p.26 8. Metropolitan Transit Authorities Offering Service on a Contractual Basis - p. 27 9. Regulation of Dangerous Wild Animals - p. 28 -+ Contacts - p. 29 November 13,2000 3 Principle One: Erosion of Local Control The City of North Richland Hills will vigorously oppose any legislation that erodes the authority to govern our own local affairs. November 13, 2000 4 , <....,._~~-~._-_._..---..~~~."'---_..... Polygraph Examination North Richland Hills will oppose legislation that would in any way restrict the existing municipal authority to subject municipal employees to polygraph examinations. North Richland Hills holds to the conviction that a polygraph examination is an appropriate method used in investigating issues faced by the City. Any legislation that inhibits the City's ability to conduct such methods should be opposed. Municipal government should follow the same rules and procedures set in the private sector. November 13, 2000 5 -.. "~..~.~._._---~-"~"----,,----,.~~;-~-"'..,.._- Telecommunications & Municipal Authority to Regulate the use of Rights- of-Ways North Richland Hills will oppose any legislation that restricts municipal control over telecommunications agreements and/or restricts the rights of municipalities to manage the use of rights-of-ways in their city. North Richland Hills will oppose any legislation that will restrict our ability to manage our rights- of-way. We will also oppose any efforts to allow right-of-way users access without appropriate compensation to the City. Rights-of-way represent a valuable asset to municipalities and must be managed as such. November 13, 2000 6 ""'...."----~~--~.~;~- Cities Authority to Regulate the Location of Manufactured Housing North Richland Hills will oDpose any legislation that restricts the authority of municipalities to regulate the location of manufactured housing within city limits. Cities have historically exercised their power to regulate and control the uses of land and the location of land uses by adopting zoning controls. The exercise of this authority has provided orderly development of communities for citizens, preserved property values, and promoted the health, safety, and general welfare of the local community. Historically, the Texas legislature has preserved such powers with minimum intrusion. During the 76th Legislative Session the House of Representatives adopted an amendment that would have limited the ability of Texas cities to regulate land uses within their respective communities because it prohibited municipalities from regulating the location of manufactured housing within all residential zoning districts. Had it not been removed by action of the Senate, this legislation would have eroded the land use authority of municipalities and created undesirable neighboring uses within residential zoning districts effecting property values in many instances. The City of North Richland Hill opposes any legislation that erodes the ability of cities to exercise powers granted to them because this type of legislation erodes the local government's ability to act in the best interest of their communities and provide for the health, safety and general welfare of the residents of the city. November 13, 2000 7 ,- -'.-'---..--------------------..""'.---- Uniform Election Dates North Richland Hills will QPpose legislation that would further restrict the number of days cities can hold bond elections. There are proposals to further limit the number of days on which municipalities can hold bond elections. The City opposes any proposal that would further limit the number of days on which cities can hold bond elections. These days are already limited under the current regulations. Further limit would erode local government authority to hold elections and finance the needs of the residents of the city. November 13, 2000 8 Principle Two: Predictable & Sufficient Level of Revenue Cities represent the level of government closest to the people. We bear primary responsibility for the provision of capital infrastructure and for ensuring our citizens' health and safety.. Thus, we must be assured of a predictable and sufficient level of revenue and must resist efforts to diminish those revenues. November 13, 2000 9 ^- .".,._-._~_...'^--'~.~-~----~,.~-......,..,,------ Economic Development Authority North Richland Hills will oppose legislation that would restrict 4A and 48 sales tax revenues and the projects funded by these taxes. Since the inception of 4A and 4B in the early 1990's, Cities throughout Texas have been able to utilize a portion of our sales tax revenue to rejuvenate and develop areas within their communities. The 1997 Texas Legislative session congress passed regulations that require cities to submit reports which spell out all the activities, projects, and finances of the sales tax corporation, additional regulations are not needed. North Richland Hills believes that further regulations and restrictions by the state will inhibit the growth and success of our sales tax corporations. We remain firm our commitment to our citizens to provide economic growth and development in the community. All actions are subject to local approval. Any legislation that takes control away from city governments and places it in the hands of state bureaucracies will not be supported. November 13, 2000 10 " ". --""·'··~~·_--_·~_·_"__.___m Tax Exemptions North Richland Hills will ODDose further expansion of exemption on property and sales taxes. Over the past two legislative sessions, the state legislature has expanded the list of exemptions on both property taxes and sales taxes. As these exemptions have increased, the cities have watched their revenues decrease. As these revenues have decreased, cities are finding difficulty meeting the demands of services by or citizens. North Richland Hills understands the need for tax relief for our citizens; however, broad legislation mandated by the state ignores the needs of a city to provide service for its citizens. We believe that the city government, which is inherently closer to the public, is best equipped to make decisions concerning tax relief. November 13, 2000 11 _~___.~_'''''___.'___''_M_~''''_''____<__~_~____________·_------ Texas Cities Authority to Levy and Collect Impact Fees North Richland Hills will ODDose any legislation that limits the ability of Texas cities to levy and collect impact fees. The 70th legislature of the State of Texas enacted legislation clarifying the authority of Texas cities and establishing requirements for the imposition of impact fees on land within a municipality. Impact fees are collected for the purpose of defraying a portion of the costs of new and additional capital improvements and facility expansions to primarily benefit the new development and to avoid additional impositions on all citizens of the community who would not bear proportionately the benefit of such new capital improvements and facilities. Since that time, many cities, including the City of North Richland Hills have adopted impact fees in effort to more fairly allocate the costs of new improvements and public facilities necessitated by new development. The City of North Richland Hills believes existing laws provide adequate safeguards and limitations on the collection of such fees. During the 76th Legislative Session, the legislature adopted House Bill 2045, which would have substantially modified the existing rules and regulations governing the collection of impact fees greatly restricting the collection of those fees, and reverting to a system which would penalize tax payers disproportionately for the costs associated with new development (Le. public facilities, infrastructure and maintenance) if the Governor had not vetoed this legislation. In explanation of his veto, Governor Bush stated that such legislation"... could cause an increase in property taxes and force additional costs of new developments upon existing residents ..." and"... would also restrict the flexibility of local governments to determine how to pay for new development. " North Richland Hills anticipates that similar legislation will be filed in the 7th legislative session. The City opposes the reforms mandated through House Bill 2045 which would have reduced impact fees significantly and restricted the rights of municipalities to determine how to pay for public necessities generated by new development resulting in the imposition of additional taxes disproportionately on all city taxpayers. November 13, 2000 12 Optional Sales Tax Above Limits for Rapid Transit North Richland Hills SUDportS legislation that would give cities the option to increase the sales tax cap by one cent to fund rapid Transit Projects. A quality transportation system and clean air are essential to maintain and continue strong economic growth and the quality of life in North Richland Hills and throughout Tarrant County. Rapid Transit is an option that would allow the Dallas-Fort Worth (DFW) region to meet the objectives of its mobility strategy while improving air quality as this mode of transportation is efficient, viable and environmentally sound. As revenue from sales tax has increased over the last several years and become a valuable tool for crime control, economic development, park development and the like, it seems sales tax would also be a good mechanism for funding the building and implementation of rapid transit. Many cities in Tarrant County and throughout the DFW region, North Richland Hills included, are already at the 8.25% sales tax limit due to the implementation of crime control districts, park development programs, economic development programs and/or membership in a Metropolitan Transit Authority. Providing cities the option of increasing the sales tax limit by one cent to implement rapid transit projects would streamline the implementation of this method of transportation in the Tarrant County by providing a dedicated revenue 'source for these types of projects. Construction and implementation of rapid transit in the DFW area would contribute greatly to the improvement of air quality in the region and possibly throughout the state while improving transportation mobility in the area. November 13, 2000 13 Limiting Scope of Sales Tax Holidays North Richland Hills will oppose the granting of additional sales and use tax exemptions including broadening the period and goods included for sales tax holidays. Senate Bill 441 adopted during the 76th Legislature established a sales tax holiday for the first weekend of August of each year exempting articles of clothing and footwear costing less than $100 from state and local sales taxes. This sales tax holiday was designed to provide some relief for parents purchasing "back-to-school" items and has been very successful across the state. So much so that many people are suggesting expanding the holiday by increasing the period of time and increasing the value and categories of goods included in the exemptions. The City of North Richland Hills is concerned that broadening the sales tax holiday would effectively erode the tax base on which state and local governments rely to provide services. Sales tax revenues makè up approximately one-third or 27% of total revenues to the City's general fund. Further erÖsion of this source of revenue could eventually create the need to increase property tax rates to make up for the decrease in revenue generated from sales tax. In addition, an expansion would decrease funding to the Crime Control and Prevention District and Park Development Corporation that were established by North Richland Hills citizens. November 13. 2000 14 Principle Three: State Mandates Unfunded State mandates have the affect of forcing local governments to spend local funds to address state concerns. The City of North Richland Hills will oppose the imposition of any state mandates, which do not provide for a commensurate level of compensation. November 13, 2000 15 Mandate Reimbursement North Richland Hills will SUDDort legislation that prohibits unfunded mandates from the State. It can be said that there is no more frustrating issue for City officials than the cost of complying with unfunded mandates imposed by the federal and state levels of government. In our commitment to the laws of the State, we believe the Texas State Legislature should follow a simple principle when considering a new mandate for cities: if a new mandate does not provide sufficient reimbursement, do not pass it. In the past, unfunded mandates have required municipalities to scramble for funds to comply with the State's laws. Generally, these funds came at the expense of other programs and services provided by the cities. North Richland Hills now supports legislative efforts by TML to place requirements on state mandates. The following provisions are included in this legislation. 1. Requirement that any state-imposed mandates or regulations which go beyond federal requirements include either state revenue or authority for a new municipal revenue source. 2. Authority for cities to consider the costs of complying with any federal or state mandate from the calculation of effective property tax rates. 3. Requirement that legislation imposing an unfunded environmental mandate cannot be considered by the Legislature unless an "environmental mandate review board" has prepared a detailed fiscal impact analysis. November 13. 2000 16 Municipal Court Collection of State Fees North Richland Hills will oppose legislation that would impose additional state fees or court costs in municipal courts. In recent years, the State of Texas has imposed a variety of fees on citations written by municipal law and code enforcement officers. Any person convicted of a criminal offense could face up to $66 in added State fees. A portion of the fee is granted to Cities by the State as a reimbursement for costs incurred during collection. However, problems arise when the State continues to raise their fee. The bottom line is that Cities can not raise court fees fast enough to satisfy the State's ever growing appetite for revenue, while simultaneously maintaining the amount retained by the municipality. North Richland Hills contends that State court costs adversely impact municipal courts in three ways. First, the court fees are complicated to administer. While the municipal courts can keep a small percentage of the costs as an administrative fee, that amount is nbt sufficient to reimburse the Cities for the bookkeeping and administrative problems connected with this function. Second, when setting an appropriate fine for offense, a judge must consider the fact that the defendant will also be paying State court costs. As a result, some fees are lower than they otherwise would be, because the judge has taken the State fees into consideration in deciding a defendant's total fine. Third, the statute requires "that in the event of a partial payment, the court costs must be paid first before the City can keep any of the fine." This means that the Cities have to do all the work of collecting fines, but do not get to keep any money until the court costs have been satisfied. November 13, 2000 17 State Highway Traffic Signal Maintenance North Richland Hills will support legislation designed to raise the population limit from 50,000 to 100,000 for State highway traffic signal maintenance. The Texas Department of Transportation (TXDOT) currently installs, maintains and operates all traffic signal systems on TXDOT maintained roads and highways for all cities of less than 50,000 population. In all metropolitan cities there is a movement to connect and interconnect traffic signal systems to provide for easier and freer flow of vehicular traffic. The largest local metropolitan city and TXDOT usually coordinate this movement. Most urban, metropolitan cities of populations less than 100,000 have TXDOT maintained roads traversing them that need to be coordinated on a regional basis. With the advent of signal preemption systems, a new and important aspect of coordination is involved. Many cities between 50,000 and 100,000 population level do not have the resources available to support these complex integrated traffic signal systems. If the city population ceiling of 50,000 is not raised to 100,000 for traffic signal installation, operation and maintenance on TXDOT maintained roads and highways, negative impacts could result for Texas cities and the traveling public including: · City budget impacts that act as unfunded mandates on Texas cities. · Lack of resources for cities that will negatively impact future installation, operation and maintenance of these systems. · Loss of regional coordination affecting the efficient flow of traffic, emergency response and security. North Richland Hills believes the responsibility for all costs for traffic signal system installation, operation and maintenance on all TXDOT maintained roads and highways for cities of less than 100,000 population should be assigned to TXDOT. The City passed a resolution encouraging Texas Municipal League support of the highway traffic signal maintenance by TXDOT for cities of less than 100,000 population. November 13, 2000 18 Principle Four: Quality of Life The City of North Richland Hills will support any legislation that increases the quality of life for our citizens. This includes legislation that will not only provide an equitable amount of revenue for our city, but also provide equitable services that will encourage pride and growth in our community.. November 13, 2000 19 Highway Improvement Projects North Richland Hills will support legislation that initiates and continues funding for highway improvements throughout Northeast Tarrant County. Throughout the history of the NorthEast Tarrant County, highways have played an important role in strengthening and developing our communities. As rural communities became thriving suburbs, the highway system connecting our cities has increased dramatically in use. Unfortunately, this same system which has contributed so much to our growth is quickly deteriorating. This continued deterioration could become a catalyst for deterioration in the development and safety of our citizens. Loop 820, FM 1983, State Hwy 26, all serve North Richland Hills. As our community has grown, these roads have been inundated with commuters and transport vehicles. Unfortunately, many of these major thoroughfares remain in the same condition as they were when our community was smaller and traffic volumes were smaller. The issue we wish to address is the need for improvements to this aging road system. This issue goes beyond the efficiency of transporting motorists from point A to point B. Our concern is the safety and welfare of our citizens. Increased funding will help insure the reliability of our roads as well as protect our citizens. November 13, 2000 20 Increase Appropriations for Road and Bridge Maintenance and Expansion North Richland Hills will support legislation that would increase appropriations to the Texas Department of Transportation for road and bridge maintenance and expansion. One of the strongest assets for our State is our expansive highway system. Texas has not only formed a vast web of roads connecting all points within this great state, but we have also sought quality maintenance and innovation. However, recent years have brought less and less funding to this aging infrastructure. Today the Texas Department of Transportation can fund less than half of their projects. And as traffic and maintenance problems increase, the Texas Department of Transportation is watching more and more of their appropriations disappearing in the State Budget. North Richland Hills recognizes the important work of the Department of Transportation and urges the Texas Legislature to re-evaluate their funding priorities. We believe the work of the Department of Transportation should become a priority and that the State should increase · funding by a minimum of $1 billion over the insufficient $4 billion it receives today. November 13, 2000 21 Photographic Red Light Enforcement North Richland Hills will support legislation that would enable cities to utilize photographic red light traffic signal enforcement. Efforts have been made in past legislative sessions to adopt legislation that would allow municipalities to use photographic red light traffic enforcement. However, these past efforts have not been successful. The City of North Richland Hills along with other cities across the State of Texas view this method as a proven and effective means to decrease the running of red lights which is responsible for an unacceptable number of traffic accidents and fatalities. Ten states already have such legislation in place. Overall, cities in these states have seen as much as 60% decrease in violations at intersections with cameras, along with a significant decrease in the number of accidents associated with this violation. The running of red lights is reaching epidemic proportions in our state. In fact, red light and stop sign running resulted in over 28,000 accidents in Texas in 1998, 191 of these accidents involved fatalities. This past year the City of Richardson conducted a photographic red light enforcement test and found that during peak hours one vehicle was running a red light every two minutes, and a vehicle was running a light every 5 minutes on average. In recognition of the significant number of traffic signal violations and that photographic enforcement is a proven and effective method of addressing this problem in other areas of the country, the City of North Richland Hills supports the passage of enabling legislation for photographic traffic signal enforcement in the 77th legislature. November 13, 2000 22 Rapid Transit Development in Texas North Richland Hills will support State initiatives to enhance, develop, and implement Rapid Transit Projects. Many of the cities in Tarrant County are ranked among the fastest growing cities in the state. In addition, Tarrant County and the Dallas-Fort Worth (DFW) area are considered a serious non- attainment area for air quality by the Environmental Protection Agency (EPA). Mobility problems and traffic congestion in the area are also on the rise due in large part to the vast growth in the region. While cities in Tarrant County and the DFW area have been actively pursuing measures to address air quality issues as well as mobility problems, it is believed that a cooperative approach including regions throughout the state is necessary to successfully address these issues. All regions of the state, including rural, urban and suburban, will be affected by air quality issues if they are not already. A cooperative approach involving all these regions will help all localities realize the economic and transportation related stakes related to air quality issues, and recognize their role in the process to implement a successful air quality program and mobility strategy. This cooperation can be achieved through State assistance in attaining and maintaining air quality standards. The Texas Legislature can begin this process by creating assistance and encouraging the enhancement, development and implementation of rapid transit in areas such as the Metroplex and throughout the State. November 13, 2000 23 Streamline Implementation of State Transportation Measures North Richland Hills will support measures to streamline and improve the efficiency of implementing of State transportation programs. The City of North Richland Hills has several unmet transportation needs and continues to experience significant problems with mobility and the flow of traffic. Many of the congested areas of the City are scheduled for funding and construction by the Texas Department of Transportation (TXDOT). The scheduled improvements will serve to vastly improve mobility in our City and Northeast Tarrant County. However, most of these projects have experienced several delays, most due to TXDOT procedures, that have postponed construction and/or completion. Unmet and unfinished needs such as the ones in North Richland Hills exist throughout the State. Efficiency in the implementation of transportation projects can save time resources and costs of construction. Streamlining the implementation and construction process for such projects can also assist with air quality compliance, and minimize the impact on private businesses and properties that may be adjacent to construction sites. The 7th Legislature can play an important role in improving the efficiency and streamlining processes involved in implementing transportation projects by: 1. Authorizing measures to facilitate the TXDOT right-of-way acquisition process such as mechanisms that would reduce project costs and expedite construction; 2. Pursue efforts to expedite project planning, design and construction by improving administrative, contracting, procurement, approval and environmental review procedures; 3. Ensure that TXDOT staffing levels are consistent with the workload including current demand to design, build, maintain and administer the needs of growth. 4. Promote the recruitment and retention of qualified, experienced, and professional staff; 5. Review all transportation programs to ensure efficiency, flexibility, involvement of municipalities, partnerships, and innovation in processes to improve timelines and productivity. November 13, 2000 24 Redirect the Diversion of State Transportation Funds from Non- transportation Funds Back to the State Highway Fund North Richland Hills will SUpDort legislation to redirect transportation fees and taxes from non- highway functions such as the Department of Public Safety to the State Highway Fund, and to provide alternate funding of non-highway portions of the Department of Public Safety. The Texas Department of Transportation has estimated that current funding levels will meet less than 40% of the states total highway maintenance construction needs over the next ten years. In the 1999-2000 state biennium, over $300 million per year from the State Highway Fund was appropriated to fund the Department of Public Safety for functions that are only marginally related or not related at all to the maintenance and construction of highways. In light of the many unfunded and unmet transportation and highway needs throughout the state, it is important that the legislature place a priority on transportation and insure that all transportation related fees are used as revenue to fund much needed highway and transportation improvements. North Richland Hills urges the legislature to stop the diversion of state transportation funds from the State Highway Fund to non-transportation purposes, and to redirect the transportation fees and taxes collected for transportation related services such as motor vehicle inspection from the General revenue fund to the State Highway Fund. November 13, 2000 25 Texas Department of Transportation Funds to Address Backlog of Projects and Unmet Needs North Richland Hills will support legislation that provides sufficient funding to the Texas Department of Transportation to address the existing backlog of projects, and address the significant number of unmet transportation needs across the State. As mentioned in the above position, The Texas Department of Transportation has estimated that current funding levels will meet less than 40% of the states total highway maintenance construction needs over the next ten years. In an effort to address the many unfunded and unmet transportation and highway needs in cities throughout the state, it is important that the legislature place a priority on transportation and provide adequate funding to address the backlog of projects that has been created by this shortfall as well as funding to provide for unmet needs. North Richland Hills urges the legislature to provide adequate funding to adequately address the transportation needs across the State. November 13, 2000 26 Metropolitan Transit Authorities Offering Service on a Contractual Basis North Richland Hills will support legislation that would allow Metropolitan Transit Authorities to offer services to surrounding cities on a contractual basis. In order for suburban cities to join Metropolitan Transit Authority's (MTA's), such as the Fort Worth "T', to receive public transportation service, cities must elect to have a half cent sales tax dedicated to the MTA for the provision of the service. At the present time, many cities surrounding Fort Worth have reached the 8.25% sales tax limit because citizens have elected to use sales tax dollars to establish crime control districts, provide for economic development, park facilities and other provisions allowed under the law. This leaves many suburban cities without adequate public transportation to meet the needs of its residents, especially elderly and disabled residents. This problem could be solved by allow'ing cities to contract with MT A's to provide public transportation services. Under this scenario, cities would pay the MTA's under contract a certain amount for the provision of public transportation services received by the city be it elderly and disabled transportation, labor force transportation, etc. This would allow those cities that have reached the sales tax limit to receive public transportation services while providing MT A's the flexibility to allow for contracting to provide such services, while enhancing their revenues. November 13, 2000 27 Regulation of Dangerous Wild Animals North Richland Hills will support legislation to regulate the ownership of dangerous wild animals in the State of Texas. There has been a dramatic increase in the private ownership of dangerous wild animals such as lions, tigers, cougars, bears and chimpanzees, etc. This ownership has created a danger to public safety throughout the state. Within the last few years, there have been numerous reported attacks by these animals on citizens (many of whom were children) resulting in severe injury or death. Texas currently has not statewide regulation of the öwnership of these animals, and even though some municipalities have attempted regulation through ordinances, because of the close proximity of other municipalities and unincorporated areas within counties, local regulation has been insufficient. The minimum regulation needed is to require the owner of a dangerous wild animal to register the animal with the local animal control 'authority, maintain liability insurance to cover damages that might be caused by the animal, : securely and humanely cage the animal, and provide adequate care for the animal. Regulation of these animals is intended to ensure public safety and the humane treatment of animals. Any state regulation of this type would have a positive affect on public safety statewide. November 13. 2000 28 Contacts City of North Richland Hills 7301 NE Loop 820 P.O. Box 820609 North Richland Hills, Texas 76180 (817)427 -6000 Fax: (817)427-6016 http://www.ci.north-richland-hills.tx.us Larry J. Cunningham City Manager (817)427 -6007 Email: Icunningham@nrhtx.com Randy Shiflet Deputy City Manager (817)427 -6003 Email: rshiftlet@nrhtx.com Steve Norwood Assistant City Manager (817)427 -6003 Email: snorwood@nrhtx.com Greg Vick ** Managing Director of Community Services and Facilities (817)427-6009 Email: gvick@nrhtx.com North Richland Hills Mayor and City Council (817)427-6061 Charles Scoma, Mayor Lyle Welch - Mayor Pro Tem Russell Mitchell - Place 2 Frank Metts, Jr. - Place 3 JoAnn Johnson - Place 4 Don Phifer - Place 5 Joe D. Tolbert - Place 6 T. Oscar Trevino, Jr. - Place 7 ** Greg Vick is the primary legislative contact for North Richland Hills November 13. 2000 29 .. " CITY OF NORTH RICHLAND HILLS Department: Administration Council Meeting Date: 11/13/00 Subject: Iron Horse Golf Course ManaQement AQreement Renewal Agenda Number: GN 2000-130 Resolution No. 2000-089 In 1991, when Iron Horse Golf Course was opened, the City of North Richland Hills elected to enter into a contract with Evergreen Alliance Golf, Ltd. (EAGL) (formerly Recreational Services, Ltd.) to manage the golf course. In 1995, the City renewed its Management Agreement with EAGL and established fixed and contingent fees paid to EAGL in exchange for their management of Iron Horse Golf Course. The renewed agreement expired October 1, 2000 and, as approved by the City Council at the August 28th Pre- Council meeting, staff renegotiated a new five-year agreement with EAGL. As recommended by staff and approved by Council, renewal discussions were based on (1) a minimum five vear agreement with a five vear renewal option, (2) continuation of a fixed manaQement fee with the addition of a bonus/penalty svstem based on performance measures developed by the City, and (3) required development of written policies and procedures which will be approved by the City. The proposed agreement was developed with a focus on excellent customer service, operational efficiencv and the protection of City assets. The following sections provide a brief explanation of the general terms and conditions of the proposed contract and how they differ from prior agreements. Term of Aareement The term of the proposed agreement is five years beginning December 1, 2000. Unlike prior agreements, the proposed agreement may be extended for five additional years by mutual consent of the City and EAGL. Termination Options The City's termination options under the proposed agreement are similar to prior agreements but additional safeQuards are included in the event that ownership or control of EAGL should change. The City may terminate the agreement at the end of the third contract year without cause. Additionally, the City will have the option of terminating the agreement in the event of any of the following: (1) a breech of EAGL's fiduciary obligation as described in the agreement, (2) EAGL bankruptcy, (3) a discontinuance by EAGL of its business or abandonment of its activities at Iron Horse, (4) a failure of EAGL to perform its Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Æ~ DepaS~t Head ¡gnature Page 1 of L dI.'Öi,,¡> .. ~ CITY OF NORTH RICHLAND HILLS duties under the agreement, (5) assignment by EAGL of the agreement within the first two years of the term, or (6) the loss of, transfer of, or disposal of control of EAGL by its Parent corporation. Upon termination, EAGL is required to transfer all assets to the City and the City will assume all obligations and contingent liabilities in relation to Iron Horse, other than contingent tort liabilities resulting from the intentional wrongdoing of EAGL or its agents and other insured tort liabilities. Services to be Performed'by EAGL During the term of the agreement, EAGL shall operate Iron Horse handling the collection and disbursement of all money, employing all employees, purchasing and selling food, beverages, merchandise, supplies and services, purchasing liability insurance coverage, handling disputes with third parties, collecting and paying appropriate taxes, and handling all other activities associatep with the operation of Iron Horse. EAGL shall adequately communicate with the City and secure the City's prior approval of all major policy decisions (e.g., rate changes, annual budget, etc.). EAGL shall annuallv submit to the City an annual operatinQ budQet and business plan. The business plan, which was not required under the prior agreement, shall specifically include a marketinQ plan for the next fiscal year and a five-year capital expenditure budQet. All budgets and plans are subject to City Council approval. ~ Payments of Excess Cash EAGL shall retain $35,000 for the operation of Iron Horse. All excess cash generated at the facility will be paid to the City on a monthly basis. Under prior agreements, EAGL retained $25,000. The amount was increased to reduce the number of cash transfers from the City to EAGL. Management Fees As in prior agreements, the proposed contract requires the City to pay EAGL fixed and continQent manaQement fees for their services. The City arrived at a figure for the fixed management fee through industry research, market surveys and analysis of agreements established between EAGL and other municipalities. The proposed fixed manaQement fee, which is $7.333 per month, is very competitive and should sufficiently cover all overhead expenses. The City will also continue to pay EAGL an annual continQent manaQement fee. However, unlike the fixed management fee, the proposed contingent fee is significantly different than the contingent fee established in prior agreements. In prior aQreements, EAGL was paid a revenue-based contingent fee equal to 6% of annual gross revenue in excess of $1.425 million. Under the proposed aQreement, the City established several performance Qoals for Iron Horse. The performance goals were designed to ensure: (1) excellent customer "- service, (2) adequate maintenance of the course. buildinQs and all other Citv-owned CITY COUNCIL ACTION ITEM Page 2 of .L .. CITY OF NORTH RICHLAND HILLS 'Ç ~ assets, and (3) ethical and efficient operations. The City and EAGL will ensure the goals are consistently met through monthly meetings, announced and unannounced audits, customer survevs, reports submitted by EAGL to the City. secret shopper visits, and other measurement devices as later mutually agreed upon. In order for EAGL to earn the full contingent management fee, the above-mentioned audits, surveys, etc. must satisfactorily confirm performance goal attainment. The amount of the continaent manaaement fee, if earned in full, shall be ,$22.000 for the fiscal year ended September 30, 2001. The eligible contingent management fee for each succeeding fiscal year shall increase $10,000 over the previous year's contingent fee. Overall, staff was able to successfully neaotiate a lower, more performance-based management fee. The proposed contract allows the City to financially reward (or penalize/restrict) EAGL based on their performance. Also, the City will recognize approximatelv $300.000 of management fee savinas over the next five vears. Such savinas will allow the City to dedicate more funds to the existing reserve for aolf course improvements. ~ther Material Chanaes ~ The proposed contract grants the City the right to approve or disapprove EAGL's selection of the General Manaaer, Superintendent and Head Golf Professional. Also, the City shall have the authority to require that EAGL terminate any facility employee. '''--.- ~ EAGL shall pass any rebates, savinas or marketina allowances received in conjunction with national purchasing contracts to the Citv on pro rata basis, tied directly to the measures used by the applicable vendors and Iron Horse's participation in such programs. Also, all indirect or "pass-throuah" charges shall be subject to the City's approval. ~ EAGL may at its discretion elect to t-lave some functions, such as janitorial and building maintenance services, performed by independent contractors rather than employees, and such service contracts may be awarded to the City on a cost basis. ~ EAGL shall keep the City fullv informed of any eauipment sharina proarams used to reduce the expenditures at Iron Horse. ~ EAGL shall provide the City a copy of Iron Horse's Policv and Procedure Manual, which addresses all facility operations. Such Policy and Procedure manual and all "amendments are subject to the Citv's approval. ~ EAGL added a $10.000.000 corporate liabilitv umbrella to its minimum insurance coverage for I ron Horse. Summary Recent analvsis of Iron Horse operations shows strona. professional manaaement and sianificant results from the City's prior agreements with EAGL. In fact, Iron Horse has '-- become a well-known, top-rated municipal course in the State of Texas. The prior aQreements, however, were desiQned to carry Iron Horse throuQh its infancv. Staff aTYCOUNC~AcnONITEM Page 3_of 4_ , ~ CITY OF NORTH RICHLAND HILLS \--.. recognized this and identified several areas where the contract could be altered to place emphasis on maintainina Iron Horse's superioritv versus course establishment and rapid growth. EAGL accepted all chanaes recommended by staff, which should result in a hiaher level of customer service, greater attention to detail and enhanced operational efficiency. Performance-based incentives should strongly encourage EAGL to achieve high standards. Staff is also pleased with EAGL's recent selection of a new General ManaQer for Iron Horse. He is committed to ensuring Iron Horse will continue to be an exceptional golf course and a "sianature" facility for North Richland Hills. Attached is a copy of the proposed Management Agreement and EAGL's audit report that they are required to complete at least semi-annually. The City will also have the ability to use this report as a tool to evaluate all areas of the operation. This audit, in conjunction with other criteria, will provide the City with an excellent opportunity to evaluate all operational areas. Recommendation: To approve Resolution No. 2000-089 to authorize the proposed Management Agreement with EAGL. '-- '-- CITY COUNCIL ACTION ITEM Page 4_of 4_ RESOLUTION NO. 2000-089 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: The City Manager be, and is hereby, authorized to execute the attached Management Agreement with EVERGREEN ALLIANCE GOLF LIMITED, L.P., as the act and deed of the City. PASSED AND APPROVED this 13th day of November, 2000. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO CONTENT: ~¿~ Randy Shiflet, Dep y City Manager R MANAGEMENT AGREEMENT For the Management of Golf Course and Club House Operations This MANAGEMENT AGREEMENT executed November 14, 2000 is by and between THE CITY OF NORTH RICHLAND HILLS, TEXAS (the "City") and EVERGREEN ALLIANCE GOLF LIMITED, L.P., a Delaware limited partnership ("EAGL", formerly known as Recreational Services, Limited). WITNESSETH: . WHEREAS, the City desires the Iron Horse Golf Course and Clubhouse (which are sometimes hereinafter referred to as the "Facility") to be operated and maintained as a high quality municipal golf course for the benefit of its residents and other guests. WHEREAS, the City and EAGL desire for EAGL to manage and operate the Facility for the City in a cost-effective manner with additional focus on providing quality customer service and protecting Facility assets. NOW, THEREFORE, for and in consideration of the convenants and agreements contained herein, the parties hereto agree as follow: 1. Term Of Aqreement. The term of this Agreement shall begin December 1, 2000 (The "Start Date"), and shall end on the fifth anniversary of the Start Date, unless terminated by the City prior to that date. This Agreement may be extended for five (5) additional years by mutual consent of the City and EAGL. The City shall have the option to terminate this Agreement at the end of the third anniversary of the Start Date, which option may be exercised by giving written notice to EAGL not less than ninety (90) days prior to the termination date. 2. Services To Be Performed by EAGL. During the term of this Agreement, EAGL shall operate the Facility, handling the collection and disbursement of all money, employing all employees, purchasing and selling food, beverages, merchandise, supplies and services, purchasing insurance coverage, handling disputes with third parties, collecting and paying appropriate taxes, and accounting to the City for its activities. The City herby grants and delegates to EAGL the authority and the responsibility necessary to permit EAGL to perform its duties under this Agreement and agrees to take such additional steps as are necessary to evidence such delegation and authorization as is reasonably requested by EAGL in writing, and authorized the exclusive use of the Facility by EAGL during the term of this Agreement for this purpose. With respect to the operation of the Facility, the parties hereto agree as follows: 10/18/00 - 1 - a. Major Decisions. EAGL shall secure the City's prior approval of all major policy decisions, including but not limited to capital improvements and expenditures, operational budgets, and Clubhouse and ground rules. EAGL shall, to the best of its ability, operate the Facility in accordance with the major policy decisions agreed upon with the City. The Facility shall be open to the general public, and all fees charged to customers at the Facility shall be subject to the approval of the City. b. Periodic Operation Review. EAGL shall, on an ongoing and continuing basis, as is deemed to be reasonable and necessary, but not less than once a month, review its management work, programs and efforts with the City. The City shall be kept fully informed of all Facility management activities and operations. c. Annual Budqets and Business Plan. Each June 1 st during the term of this Agreement, EAGL shall submit a proposed operating budget and business plan to the City for the upcoming Fiscal Year (the period beginning October 1 st and ending September 30tti is referred to herein as the "Fiscal Year"). The Annual Budget and Business Plan shall specifically include a marketing plan for the next fiscal year and a five-year capital expenditure budget. Once the proposed annual budget and business plan is approved by the City, EAGL shall use its best efforts to operate the Facility in accordance with the annual budget and business plan. EAGL will submit to the City for approval any material change to the approved annual budget. d. Policy and Procedure Manual. EAGL shall provide the City a copy of the Facility Policy and Procedure Manual, which addresses the operations of the Facility. Such Policy and Procedure Manual, and all amendments, will be subject to City Management's approval, which approval shall not be unreasonably withheld. e. Promotion of Golf Activities. EAGL shall coordinate and direct all of the work done in the area of advertising and public relations to ensure that the Facility will create an appropriate, continuing visual image and presence in print and communications media. f. Tournament Rounds Tournament Rounds are an integral part of the Facility's operating performance and profitability. EAGL will use its best efforts to focus all books of outside outings (Le., non-daily fee play) during the weekdays 10/18/00 - 2 - 10/18/00 (Monday - Thursday) in times when the golf course is traditionally realizing less rounds than the weekends. Additionally, EAGL will use its best efforts to book any weekend and holiday tournaments during non-prime times. Accordingly, EAGL will reserve weekend and holiday prime times for resident and non-resident (public play). g. Facilitv Personnel. EAGL shall recruit, interview and hire the basic Facility staff, including all on-site management personnel (i.e., golf pro, assistant golf pros, golf course superintendent), all food and beverage staff, house and grounds maintenance personnel, janitorial staff, etc. Such personnel shall be hired and employed by EAGL and shall not be employees of the City. EAGL may at its discretion elect to have some functions, such as janitorial and building maintenance services, performed by independent contractors rather than employees, and such service contracts may be awarded to the City on a cost basis. Notwithstanding anything to the contrary herein, the City shall approve the selection of the General Manager, Superintendent, and Head Golf Professional of the Facility within seven (7) business days from notification from EAGL. The City will have the authority to require that EAGL terminate any Facility employee. h. Food, Beveraqe and Merchandise. The City agrees to permit the sale of beer, wine and liquor by the drink at the Facility. EAGL shall comply with all Texas laws relating to the sale of same if EAGL chooses to obtain appropriate licenses and sell same at the Facility. In addition, EAGL shall purchase and sell such other food, beverage and merchandise at the Facility for such prices as it deems prudent, provided that the items purchased and sold are of a type typically available at comparable public golf facilities. A list of comparable facilities shall be mutually agreed upon annually. L Corporate Purchasinq. Due to EAGL's size, it is able to negotiate national purchasing contracts with certain vendors. If the Facility utilizes such national purchasing contracts, EAGL agrees to pass any savings or marketing allowances received in conjunction with such agreements to the City on pro rata basis, tied directly to the measures used by the vendors and the Facility's participation in such programs. J. Equipment Sharinq. EAGL owns and operates many golf courses in the vicinity of the Facility as well as others across the country. As a result, all of the golf courses can benefit - 3 - from the sharing of certain turf and maintenance equipment. EAGL understands that it owes a fiduciary responsibility to the City and agrees to monitor and record the sharing of equipment to ensure equitable distribution. In the event that EAGL establishes a leasing entity which owns turf and maintenance equipment used at the various golf courses operated by EAGL, EAGL may lease such equipment to the Facility at market rates. EAGL shall include such equipment leasing expenditures in the Facility's annual operational budget. 3. Payments of Excess Cash. On the 15th day of each month during the terms of the Agreement, EAGL shall pay to the City one hundred percent (100%) of Excess Cash from the Facility, determined in accordance with the provisions of this paragraph, for the period ending on the last day of the preceding month. Excess cash shall equal the Cash Balance less the approved reserve amount of $35,000. a. Revenues. Revenues shall mean all cash receipts of any kind from operation of the Facility, including but not limited to green fees, cart rentals, range fees, proceeds from the sale of food, beverage and merchandise, rebates, rentals, proceeds from the sale of assets, and interest. Also revenues shall include advances from the City and insurance proceeds. b. Expenses. Expenses shall mean all cash expenditures and losses of any kind from the operation of the Facility, including but not limited to: (i) Payroll, payroll unemployment taxes, employee insurance and taxes; benefits and (ii) Payments for food, beverage, merchandise and supplies; (iii) Insurance costs; (iv) Payments for advertising and promotion of the Facility; (v) Lease payments and debts service payments for equipment, furniture, fixtures and other capital items, provided that the purchases or lease of the item were approved by the City; c. Approved Capital Expenditures. Approved Capital Expenditures shall mean cash payments or capital lease payments for equipment, furniture, fixtures, Facility improvements and other capital items approved by the City. 10/18/00 - 4 - d. Approved Reserves. Approved Reserves shall mean the amount of cash approved by the City to be held by EAGL for operation of the Facility. 4. Cash Flow Deficits. The City shall immediately advance to EAGL the amount of cash necessary to meet obligations, when net cash flow is not sufficient, but in any event within three (3) business days of EAGL's notice to the City thereof. 5. Fiduciary Relationship. All of the Revenues and Expenses arising in connection with the operation of the Facility shall belong to or be owned by EAGL, all employees of the Facility shall be employees of EAGL, and all assets and liabilities located at the Facility (other than the Golf Course, the Clubhouse and other start-up items funded by the City) shall be the property or obligation of EAGL. However, EAGL shall maintain a separate account for the receipt of Revenues and advances from the City and the payment of Expenses and approved capital expenditures, which account shall be designated as the "Facility Account". EAGL shall have a fiduciary duty to the City with respect to its operation of the Facility, faithfully accounting to the City with respect to its operation of the Facility, faithfully accounting to the City and paying all payments due to the City in accordance with this Agreement. EAGL shall in no way commingle the Revenues and advances from the City with other money or accounts, and it shall not take any money or property from the Facility Account or the Facility except for Management Fees and expense reimbursements set forth in this Agreement. In addition, no purchase of goods or services shall be made by EAGL as an asset or Expense of the Facility from an entity affiliated with EAGL unless such purchase is on terms reasonably competitive with terms available from non-affiliated sources. Any breach of the covenants contained herein shall be a breach of the fiduciary obligation of EAGL to the City hereunder. 6. Manaqement Fees. In exchange for the services to be rendered by EAGL hereunder, EAGL shall be reimbursed for all direct and indirect out-of- pocket expenses incurred by it in connection therewith, payable from the Facility Account. All indirect or "pass-through" charges shall be subject to the City's approval, provided that such approval will not be unreasonably withheld. EAGL also shall be paid Management Fees, as set forth below. The Fixed Management Fee will include all accounting fees. a. Fixed Manaqement Fee. The Fixed Management Fee for each month during the term of this Agreement shall be $7,333.33 payable from the Facility Account on the 1st of each month for that month. 10/18/00 b. Continqent Manaqement Fee. During the Fiscal year beginning October 1, 2000, EAGL has the ability to earn a Contingent Management Fee equal to up to 25% of the Fixed Management Fee based upon the criteria set forth below. The Contingent - 5 - 10/18/00 Management Fee for each succeeding fiscal year during the term of this Agreement shall be increased in the amount of $10,000 over the previous year's Contingent Management Fee. The Contingent Management Fee shall be paid to EAGL directly by the City within 45 days following the City's receipt of year- end financials. (i) Performance Goals. The City established the following Performance Goals for the Facility: 1. EAGL shall select, train, motivate and evaluate staff to ensure ethical, efficient and effective operation of the Facility; 2. EAGL shall properly and adequately maintain the course, buildings and other assets located at the Facility; 3. EAGL shall provide excellent customer service and appropriate amenities; 4. EAGL shall run the Facility in a financially responsible manner (e.g., work to increase rounds during non-productive times, efficient merchandising, etc.); 5. EAGL shall operate the Facility in compliance with this Agreement, the Policy and Procedure Manual established under paragraph 2 (d), and all other operational guidelines approved by the City. (ii) Measurement Devices. In conjunction with the City, EAGL shall measure the Facility's performance through golf course audits, customer surveys, and other measurement devices created to provide non-biased feedback. In order to earn the full Contingent Management Fee, performance measurement "devices" shall be completed and satisfactorily confirm performance goal attainment. At a minimum, the following measurement devices shall be utilized: 1. EAGL Audits. EAGL shall perform a minimum of two annual audits of the Facility. 2. Secret Shopper Audits. EAGL shall cause to be performed a minimum of two independent Secret Shopper audits of the Facility annually. The cost - 6 - of the Secret Shopper program shall be an Expense of the Facility. 3. Customer Surveys. EAGL shall distribute Customer Surveys to golf course customers twice annually and the City shall independently conduct customer surveys annually. 4. Group Event Evaluations. EAGL shall distribute Group Evaluation Forms to participants of Group Events at the Facility. 5. City Audits. To the extent the City performs a City Audit pursuant to paragraph 7 below, such audit will be considered as a performance measurement device. 6. Semiannual Reports. Reports of performance, as related to the Performance Goals set forth above, shall be made semiannually to the City, except for reports of financial performance which shall be submitted monthly in conjunction with the Financial Statements as established under paragraph 7 below. 7. Miscellaneous. Other measurement devices as later mutually agreed upon by EAGL and the City. Notwithstanding the foregoing, if this Agreement is terminated for any reason, then any unpaid Contingent Management Fee shall be paid to EAGL within 10 days of notice of such termination. 7. Accountinq. EAGL shall maintain books and records relating to the business activities of the Facility in accordance with generally accepted accounting principles, separate from its other books and records. Monthly financial statements shall be prepared. These statements shall include unaudited balance sheets and income statements (the "Financial Statements") prepared as if the operation of the Facility is a business entity separate from EAGL and the City. EAGL shall deliver a copy of each Financial Statement within a reasonable time after the end of each month. In addition, EAGL shall deliver a copy of its audited financial statements for each calendar year beginning with 2000 and continuing until the termination of this Agreement. At any time during the term of this Agreement, the City shall be entitled to inspect the books and records of the Facility, and it may conduct an audit of the Facility and the Financial Statements, provided that any expense incurred by the City in conducting an inspection or audit shall be borne by the City. 10/18/00 - 7 - 8. Termination Option. In addition to the termination option described in paragraph 1 above, the City shall have the option of terminating this Agreement in the event of a default by EAGL hereunder. 10/18/00 a. Default. The following shall, unless cured in accordance with paragraph 8 (b) below, constitute a default by EAGL (a "Default"): (i) Any breach of the fiduciary obligation of EAGL under paragraph 5 of this Agreement; (ii) The filing of a voluntary petition for protection under federal bankruptcy laws, or the failure to obtain the dismissal of an involuntary petition under the federal bankruptcy laws within thirty (30) days after filing; (iii) A discontinuance by EAGL of its business or abandonment of its activities at the Facility; (iv) A failure of EAGL to perform its duties under this Agreement; (v) Assignment by EAGL of this Agreement within the first two (2) years of the Term without City Council approval; or (vi) The loss of, transfer of, or disposal of control of EAGL by Westbrook Partners, L.L.C. unless the City consents in writing to waive this type of default. b. Cure. EAGL shall have thirty (30) days after written notice from the City specifying the nature of any Default under paragraph 8 (a) above, to cure such Default, provided that if the nature of the Default is such that it cannot be fully cured within thirty (30) days, EAGL shall have such additional time as may be reasonably necessary to cure such Default so long as EAGL diligently pursues cure of the Default. c. Exercise of Termination Option. The City may exercise its option hereunder to terminate this Agreement by giving written notice of the Default to EAGL. In the event of a default under paragraphs 8 (a) (i), (ii) or (iii), this Agreement shall terminate immediately upon delivery of written notice from the City to EAGL of its election to terminate the Agreement. In the event of a default under paragraph (a) (iv) above this Agreement shall terminate upon expiration of the cure period under paragraph (b) following delivery by the - 8 - City to EAGL of its election to terminate the Agreement provided that EAGL has not timely cured the Default. 9. Transfer Upon Termination. Upon termination of this Agreement, EAGL shall transfer and assign all of the assets to the City which would properly be reflected on the Financial Statements of the Facility as provided in paragraph 7 of this Agreement. The City shall assume all obligations and contingent liabilities in relation to the Facility, other than contingent tort liabilities which result from the intentional wrongdoing of EAGL or its agents and other insured tort liabilities. a. Assets to be Transferred. Said assets shall include, but not be limited to, all of EAGL's right title and interest to any of the following arising out of activities of the Facility, advances from the City, or Revenues of the Facility (other than insurance proceeds relating to liabilities not required to be assumed by the City): (i) Cash, including the Facility Account; (ii) Accounts receivable; (iii) Other receivables; (iv) Inventories of merchandise, food, beverages and supplies; (v) All equipment, furniture and fixtures; (vi) Prepaids and deposits; (vii) Contract rights; (viii) Trade names; (ix) Books and records; and (x) Goodwill. b. Liabilities to be assumed. Said liabilities shall include but not be limited to all debts and obligations of EAGL arising out of the operation of the Facility remaining unpaid or unsatisfied at the time, other than tort liabilities resulting from the intentional wrongdoing of EAGL or its agents. c. Closinq. The transfer of assets, and assumption of liabilities shall occur on or within a reasonable time following the date on which this Agreement is terminated. - 9 - 10/18/00 10. Indemnity. EAGL is not an agent or employee of the City hereunder, and all of its activities relating to the Facility shall be in its capacity as independent contractor to the City. 10/18/00 a. Obliqations of the Facility. Provided that the City is not in breach of its obligations hereunder, at the Expense of the Facility, EAGL shall pay all obligations and defend all disputed claims arising out of or resulting from EAGL's activities conducted in connection with or incidental to this Agreement. b. Indemnification by EAGL. EAGL agrees to indemnify, hold harmless and defend the City, its officers, agents and employees, from and against all liability for any and all claims, liens, suits, demands or actions from damages, injuries to persons (including death), property damage (including loss of use), and expenses, including court costs and attorneys' fees and other reasonable costs arising out of or' resulting from EAGL's intentional wrongdoing or gross negligence. c. Limitation of Liability. Notwithstanding anything contained herein to the contrary, the liability of EAGL hereunder shall be limited to the amount of the current fiscal year Fixed Management Fee, and in no event shall any other assets of EAGL or any constituent member or other affiliate of EAGL be subject to any claim arising out of or in connection with this Agreement. d. Indemnification by the City. The City agrees to indemnify and hold harmless and defend EAGL, its officers, agents and employees, from and against all liabilities for any and all claims, liens, suits, demands or actions for damages, injuries to persons (including death), property damage (including loss of use, and expenses, including courts costs and attorneys' fees and other reasonable costs arising out of or resulting from the liabilities and obligations to be assumed by the City in accordance with paragraph 9 of this Agreement. e. Notice of Claim. EAGL and the City will provide each other with prompt and timely notice of any event covered by the indemnity section of this Agreement and in the event a claim or action is filed, each party may employ attorneys of its own choosing to appear and defend the claim or action on its behalf. - 10 - ._~,~---~,.~-~--_.._....,.~--_._--~----~-~~"._._. -_..,.~ 11. Insurance. As an Expense of the Facility, EAGL agrees to obtain public liability insurance of the types and in the amounts set forth below from an underwriter licensed to do business in the State of Texas. EAGL shall furnish to the City certificates of insurance, evidencing the required insurance within thirty (30) days prior to the expiration date of the previous certificate(s). So long as the City is not in breach of this Agreement, EAGL agrees to secure and maintain the following types and amounts of insurance, for the term of this agreement. "TYPE" (1 ) (2) (3) Type and Amount of Insurance. The minimum type and amount of insurance to be obtained for the Facility is as follows: a. Worker's Compensation and Employer's Liability or reasonably acceptable alternative Comprehensive General (Public) Liability (or its equivalent) to include (but not limited to) the following: (a) Premises/Operations (b) I ndependent Contractors (c) Personal Injury (d) Products/Completed operations Fidelity Insurance - covering all employees and officers having access to monies collected. (4) Property Insurance - for physical damage to the property of EAGL located at the Facility, including improvements and betterments to to the Facility. (5) Comprehensive Automobile Liability (or its equivalent) - to include coverage for: (a) Owned/Leased Automobiles 10/18/00 - 11 - "AMOUNT" Statutory Bodily Injury: $ 500,000-per person $1 ,OOO,OOO-per occurrence and Property Damage: $ 250,000-per occurrence or $1 ,OOO,OOO-Combined Single Limit for bodily injury and property damage. Amount sufficient to protect the loss of the largest dollar amount in the control or possession of an employee at any given time, but not less than $125,000 or such other amount as requested by the City. Coverage for minimum of one hundred percent (100%) of the fair market value of property. Bodily Injury: $ 500,000 per person $1,000,000 per occurrence and Property Damage: ._----~-'"-_.~"-,--~.._~~~-~.._~._-~-~._'-'~~^.--"-_._',.-.... (b) Non-owned Automobiles (c) Hired Cars $ 250,000 per occurrence or $1,000,000 Combined Single Limit for bodily injury and property damage. (6) Corporate Liability Umbrella At least $10,000,000 b. Additional Insurance Requirements: With respect to the above-described insurance, EAGL agrees to: (i) Have the City named as an additional insured, or an insured as its interest may appear. (ii) Provide for a Waiver of Subrogation in favor of the City. (iii) Provide thirty (30) days written notice of any material change, termination or cancellation. 12. Miscellaneous. a. Assiqnment. The rights and obligations under this agreement are not assignable by either party without the written consent of the other party hereto. Any assignment by EAGL within the first two (2) years of the Term of this Agreement without City Council approval may be deemed an Event of Default under Section 8 hereof. b. Notices. In the event of delivery of any notice provided for or required under this Agreement, the notice shall be in writing and shall be effective upon delivery if delivered in person, or by messenger, or upon the third business day following deposit in the United States mail, if mailed certified mail, return receipt requested, postage prepaid, to the address of the addressee as follows: If to the City: The City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 76180 Attention: City Manager If to EAGL: Evergreen Alliance Golf Limited, L.P. 8650 Freeport Parkway S., Suite 200 Irving, Texas 75063 Attn: President cc: General Counsel 10/18/00 - 12 - _~___,__~.,_..,,__.. ,_,_"_~__~",___________..._...,~._,_.",,,.,.. _, .. .._.,__,~.~_._.,.._~...._,_,w."._~~",~___,~__,_____'__'__~"__"'·~n.· --- '" Any party may change its address for notification purposes by giving the other parties written notice of such change in the manner provided above. c. 10/18/00 Entire Aqreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and this Agreement supersedes all prior letter agreements and correspondence with respect to the subject matter of this Agreement. d. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Texas, and shall be enforceable in Tarrant County, Texas. e. Attornevs' Fees. In the event any party to this Agreement shall institute legal proceedings or be the defendant in legal proceedings for the purpose of enforcing the terms and provisions of this Agreement and shall prevail in a final, non- appealable judgment entered by a court of competent jurisdiction, then the non-prevailing party shall reimburse ttie prevailing party for all attorneys' fees and court costs incurred as a result of such proceedings. f. Parties Bound. With the exception of the limitation on assignablility of this Agreement as provided above, this Agreement shall bind the respective successors and assigns of the parties hereto. g. Headinqs. The headings used in the Agreement are used for administrative purposes only, and do not constitute substantive matter to be considered in construing the terms of this Agreement. h. Leqal Construction. I n case anyone or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. - 13 - IN WITNESS WHEREOF, this Agreement has been entered into as of the date first written above. ATTEST: THE CITY: THE CITY OF NORTH RICHLAND HILLS, TEXAS City Secretary By: The City of North Richland Hills, Texas By: Larry J. Cunningham City Manager EVERGREEN ALLIANCE GOLF LIMITED, L.P. a Delaware limited partnership, By: EAGL GP, LLC, its general partner By: Lawrence A. Corson President 10/18/00 - 14 - .......__._..,_..__~"..___.,,_____~___~.,~__~.__~_,.__~_--_"~_'_.T~~"._~'~~··_~··"_~_···_~_·~______·__"_·_~·__·· STATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Larry J. Cunningham, City Manager of THE CITY OF NORTH RICHLAND HILLS, TEXAS, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,2000. day of Notary Public in and for the State of Texas My Commission Expires: Print Name of Notary STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Lawrence A. Corson, President of EAGL GP, LLC, which is the General Partner of Evergreen Alliance Golf Limited, L.P. a limited partnership, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,2000. day of My Commission Expires: Notary Public in and for the State of Texas Print Name of Notary 10/18/00 - 15 - ". A '- { ~O" 1'11- '"',' '" '" '" - . ~ 0'" . ~ </ ) ~ I I ... \ '\ . EVERGREEN ALLIANCE GOLF LIMITED OPERATIONAL REVIEW Course: Manager: Date: Performed By: Area of Review Credits Rating Clubhouse Grounds ·0 0.00 Pro Shop 0 0.00 Controls >0 0.00 Manager's Office 0 0.00 Practice Facility 0 0.00 Golf Cars () OLOO Food & Beverage 0 OLOO Alcohol 0 0.00 Turf Care Center i () 0.00 Superintendent's Office <0 0.00 Golf Course 0 0.00 Total Credits 0 Overall Ratinq 0.00 Scale: 0 = Below Target, 2 = On Target, 4 = Above Target Page 1 of 19 ...................... ...... ·.·;..··>.··;.·.1····..... ....... .... ..... > .. .,;. ... .. Credits Awarded Bag racks cleaned and painted. I Shoe cleaners cleaned and painted. I Grounds well manicured and trash free. r Exterior of building in good condition. r Windows clean. r Parking lot in good repair, striped and trash free. r Entrance sign in good condition. I Flower beds weed and trash free. I Dumpsite area clean. Ii Additional clubhouse grounds comments: Total Clubhouse Grounds Credits I ..0 Average Ii .0..0.0 Scale 0=8elow Target, 2=On Target, 4=Above Target Page 2 of 19 ..... D. ...... ..... .;<{<.«) .<I. . ....<..... ....)................ .. ..... < ... ....~.... Credits Awarded Staff in uniform and neat in appearance. I Name tags are being worn by all the staff. I Customer comment cards are visible to the public. I First aid kits are available. I State/Federal forms are posted and current. L Time clocks are in working order and accurate. I. A hospital number and Workers Compensation are posted by the time clock. I Scorecards and pencils are available. I Phones are answered in a timely manner with a consistent greeting. I The carpet is vacuumed and in good condition. IT Windows and mirrors clean. No cob webs. I Merchandise is clean and in order. I Scale O=Below Target, 2=On Target, 4=Above Target Page 3 of 19 > iiP..Ö....··· .....i_ ¡. ... ...... i. i.'.'. i i ii'· .. Credits Awarded Solid representation of required and preferred vendors. I Prices clearly marked on all merchandise. I Storage room clean and organized. I Interior building neat and clean. I All lights are working. I Vents are clean. I Restrooms: Floors are clean. I Restrooms: Doors/Walls are clean. L Restrooms: Sinks/Mirrors are clean. I. Restrooms: Toilets/Urinals are clean. I ¡¡i Restrooms: Toilet paperlTowels are stocked. I Pay phones are clean and directories are available. I .... Scale O=Below Target, 2=On Target, 4=Above Target Page 4 of 19 I .i' Þrô'" < "'iT .,.. ....... .'," >, i· .,.., Credits Awarded Alarm System is in working order. I ii All players' names and cart numbers are on the Double Eagle tee sheet (C). I ... File of course audits are up to date and complete (C). I The Comp round log is up to date and complete (C). [ All bills are facing the same direction. Heads up facing left (C). [ No more than $1,000 in the register (C). r A drop policy is being utilized for excess cash (C). r Additional Pro Shop Comments: Total Pro Shop Credits IT ..,.. lr\i Average I ..... 0.00 3cale O=Below Target, 2=On Target, 4=Above Target (C) = Control Page 5 of 19 ·.. /.> .iiiii..·..ii . i< Credits Awarded Office is neat and clean. I Marketing plan on file and being utilized. I Invoices on file. I Receiving orders or packing slips on file. I EAGL memo and communication file. Ii Policy and Procedures Manual up to date. I i Monthly facility reports on file. I Monthly pro shop inventory on file. I Bank deposit slips on file. Ii Staff schedules are posted. I Personnel packets are complete and available. L Impress checkbook secured (C). I < 3cale O=Below Target, 2=On Target, 4=Above Target (C) = Control Page 6 of 19 .... Manaaøt's..·OfficeiCohtinded Credits Awarded Quick Action Claims poster available. I Daily close out packets on file. r The safe is locked at all times (C). r Cash (back up bank) verified (C). r Tournament calendar posted or available to the staff. I Local policy manual (listing opening and closing duties). I Open to buy plan for merchandise. r Deposits are taken to the bank daily. No more than 1 deposit in the safe (C). r Staff meeting are held weekly and documented. I Additional Manager's Office Comments: Total Manager's Office Credits I 0 AveraQe I 0.00 Scale O=Below Target, 2=On Target, 4=Above Target (C) = Control Page 7 of 19 ... . .......s~... ..... ·....c iii< ........... .·i<. < ... . Credits Awarded Trash Free. I Good quality balls. r ......... Teeing area is in good condition. e Putting/Chipping green is in good condition. I Range log is current (C). I Employees are in uniform. I Name tags are being worn by the staff. I< Ball washer is in good condition. I Tee stations are clean and in order. ¡- Additional Practice Facility comments: Total Practice Facility Credits I 0.·.·.....· .... i Average I .< iO;()() Scale O=Below Target, 2=On Target, 4=Above Target (C) = Control Page 8 of 19 ~..._~..~----~..~--------.. .... .. .... ......... >...... .. ... ..... ... ..... Credits Awarded Golf cart responsibility is signed for by the customer (C). I Cart maintenance records are current. I> . ...... . Cart rotation plan. r Carts are in good repair. IT Seats are clean. I Floor mats are clean. I Bodies are clean and in good shape. '- Carts are washed and cleaned nightly. I Cart barn is clean and organized. I Cart employees are all in uniform. I .. ~.~ Name tags are being worn by all employees. IT . Total Golf Cart Credits I ·.a Average Ii a.ao ;cale O=Below Target, 2=On Target, 4=Above Target (C) = Control Page 9 of 19 -"----_._------ .. c:- Fôö(t.äôô'·Søverååe ......... .. ...... ... Credits Awarded Staff is in proper uniform. r Name tags are being worn by all the staff. r Customer service - smiling, eye contact and greeting customers as they enter the dining area. I Tables and chairs are clean. I Floors are cleaned and vacuumed. I Trash cans are clean and have lids if visible to the public. I Napkins and utensils are available. r Hot dogger is clean. r Menu boards are clean and well displayed. r Daily specials are posted. r Sinks are clean. I Refrigerator is clean and organized. r ........ )cale O=Below Target, 2=On Target, 4=Above Target Page 10 of 19 "~_...~~"-~.-.._---~ \ Food. .ª"êlBêv~tªgêCQl')t¡"'tleêl ¡ < ... Date stickers are being utilized. Credits Awarded I Ice machine is clean inside and out. I Meat slicker is clean and sanitized. I Walk-ins are clean and organized. I Weekly cleaning project list posted. [ Grill area clean. I Soap and towels are available at the sinks. I Drinking fountain is clean. I Windows are clean and free of cob webs. I All vents are clean. I Inventory organized and stored neatly (nothing stored on the floor). I Manager's office is organized and clean. I .. Scale O=Below Target, 2=On Target, 4=Above Target Page 11 of 19 ~_ ,__ .."A__"_~__~.'_.._~__~_'.~~~_~_ .. Food and BeverageCOl1finued ....... Credits Awarded State/Federal forms are posted. I All permits and licenses are framed and posted in view of the public. I Employee schedules are posted. I Time clock is in working order and accurate. I Workers comp and an emergency/hospital number is posted by the time clock. I MSDS book is available and complete. I Written hazard communication program is available. I All chemicals are stored in a designated area. I Weekly food and beverage reports on file. I Monthly food and beverage COGS reports on file. I Beverage cart is being utilized. L Beverage cart loading and unloading procedure is correct (C). I Scale O=Below Target, 2=On Target, 4=Above Target (C) = Control Page 12 of 19 Food and BeverageCoritindècl Credits Awarded Beverage cart count sheets on file (C). I Strong representation of EAGL preferred vendors Ii Local policy manual (listing duties) is available. I All plants are maintained (Dusted and clean if fake). I : Safety meetings are held monthly, documented and on file. I Additional Food and Beverage Comments: Total Food and Beverage Credits I ·····.Qi .. . Average F 0.00 Scale O=Below Target, 2=On Target, 4=Above Target (C) = Control Page 13 of 19 ..----"-"_.~~._-~~..-----------..- .a . i' ...... ......... ···.'i· ... Credits Awarded Storage of alcoholic beverages are organized and secured (C). I . Copies of licenses clearly posted. I Servers open all alcoholic canned and bottled drinks for the customer. I All server's have passed a state-certified server's course. Copies of certificates of completion of the required alcohol training courses for all servers are on file. I Safety meetings include server alcohol awareness and is documented. I Texas only: All bottled liquor has a T ABC sticker. I All used bottled liquors have a TABC sticker scratched off. I Texas Private Club Memberships Only: Membership cards are available wherever alcohol is sold on premise. I Membership books are current. r Monthly meeting minutes are up to date. r ... Total Alcohol Credits I .. ,0 , I\verage r (too Scale O=Below Target, 2=On Target, 4=Above Target (C) = Control Page 14 of 19 ,..__._..,.^"._-,~.~--,...~_..-----,~---~~~ : TµrfCarøCøritêl' ...... Credits Awarded Maintenance plan is visible and being utilized. L Crew members are in uniform. I Floor is swept and clean. I Equipment is washed and organized. I Assignment board is being utilized and current. I Tools are organized and locked. I Chemicals are stored and organized in a designated area. I Chemical inventory list is on file and current. I Fertilizers are stored and organized in a designated area. I Fertilizer inventory list is on file and current. I Eye wash sation is available and in working order. I Total Turf Care Center Credits I 0 < Average I 0.00 ) Scale O=Below Target, 2=On Target, 4=Above Target Page 15 of 19 // SuperintéñdentrsOmCê ..... Office and desk are organized and clean. Credits Awarded L First aid kit is available/stocked. I State/Federal forms are posted by the time clock. l Workers compensation is posted by the time clock. L : A hospital or emergency number is posted by the time clock. L Records: Maintenance staff meeting is current and on file. I Weekly manpower assignment is current and on file. L Safety meetings are held monthly, documented and on file. I Gas and diesel log is current and on file. L Weather record/log is current and on file. L Fertilizer application records are complete and on file. I Pesticide application records are complete and on file. I ..... Scale O=Below Target, 2=On Target, 4=Above Target Page 16 of 19 SUPèriotèndent's ·Offic~.ØøñtinÛèd Credits Awarded Pump house maintenance records are current and on file. I Equipment repair records current and on file. I Soil testing records are on file. I Water testing records are on file. I Equipment Inventory File is current and on file. I MSDS book is available and complete. r Written hazard communication program is available. I Additional Superintendent or Turf Care Center comments: Total Superintendent Credits 1/ ....< ·0····· Average r< 0.00 3cale O=Below Target, 2=On Target, 4=Above Target Page 17 of 19 <Golf"'"' .·/«</<·11< ... <....... < ....... Credits Awarded Greens: Greens 1-6 in good condition. I Greens 7-12 in good condition. I Greens 13-18 in good condition. I Fairways: Fairways 1-6 in good condition. I Fairways 7-12 in good condition. I Fairways 13-18 in good condition. I . ... Tees: Tees 1-6 in good condition. I Tees 7-12 in good condition. I . Tees 13-18 in good condition. I Green surrounds and tee slopes: Holes 1-6 in good condition. I Holes 7-12 in good condition. I /; ............ Scale O=Below Target, 2=On Target, 4=Above Target Page 18 of 19 GolfCour - . '.. Green surrounds and tee slopes: Holes 13-18 in good condition Bunkers are raked, weed free and edged. Flags are in good condition. Trash receptacles are painted and mowed at the base. Traffic controls are maintained. Ropes and stakes are tight and maintained. Ball washers are clean and have towels. Yardage markers and signs are in good condition. Cart paths are in good repair and edged. Flower beds are maintained and trash free. Total Golf Course Credits Average Scale O=Below Target, 2=On Target, 4=Above Target Page 19 of 19 -. ' ,.' .,.,- - -'--'----,~_. I I r I I I I I I Credits Awarded I I I o 0.00 . CITY OF NORTH RICHLAND HILLS " . ~epartment: Planning & Inspections Department Council Meeting Date: 11/13/00 , Subject: Consider Revision of Public Nuisances Ordinance by Agenda Number: GN 2000-132 providing updated definitions, specific public nuisances and notice of violations and abatement procedures - Ordinance No. 2522. Informational Reports have been presented to City Council in October discussing the need to update the current Public Nuisances Ordinance. As a result of direction from City Council, s~aff has prepared a revised Public Nuisances Ordinance with the following changes: 1) Adding to the text that no more than two vehicles could be offered for sale on residential property over one calendar year. 2) Adding to the text that distribution of advertisements on private property could not occur between sunset and sunrise. The exception being delivery of newspapers or solicited periodicals. 3) Adding a new public nuisance requiring property owners to remove graffiti from buildings and structures with a definition for graffiti. 4) Changing the Notice of Violation section to reflect recent state statutes requiring 7 days notice rather than the previous 10 days notice. All Public Nuisances can be enforced by the Police, Code Enforcement or Health Officers. ',- Each violation is subject to a fine up to $200 per day. RECOMMENDATION: Staff recommends approval of Ordinance 2522 as a new ordinance to enforce and abate public nuisances within North Richland Hills. Source of Funds: Bonds (GO/Rev.) _ Operating Budget _ , Other ~ '- .~£~ Department Head Signature Finance Review Account Number Sufficient Funds Available Finance Director ~~4:£ L:\Cases\GN Cases\GN Public Nuisances Page 1 of 1 ORDINANCE NO. 2522 AN ORDINANCE OF THE CITY OF NORTH RICH LAND 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, dead tree limbs or brush, 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) Graffiti - The unauthorized application of paint, ink, chalk, dye or other similar substance, or other inscribed or engraved material on public or private structures located on publicly or privately owned real property within the City of North Richland Hills. (g) 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. (h) 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. (i) Owner - Any person, agent, firm, corporation, association or other entity having legal or equitable interest in a property as shown on the most recent tax roll. 0) Person- Any person, agent, firm, corporation, association or tenant. (k) 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. (I) Putrescible - Capable of becoming putrid, rotten, foul and offensive. (m) Rubbish - All non-putrescible wastes including, but not limited to, debris, tin cans, bottles, papers, grass and weed cuttings, paper boxes, wood or 2 building materials and tree limbs generally not exceeding three feet in length and generally not exceeding a weight of more than fifty (50) pounds. (n) 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. (0) Tenant - Any person, agent, firm, corporation, or association who occupies a property or premises and who is not the owner. (p) 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. (q)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. (r) 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. (s) 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. (t) 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: 3 (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. (c) Maintaining a fence or screening wall in a manner that constitutes a public hazard to persons or property. All fences shall be maintained reasonably plumb and structurally sound. Any fence or screening wall that 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 that 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, or 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. 4 _..._~__.~_~__~_______...____~,_._~~___~__~".~_M__'______~.__._.....,,_.,,_.._ ü) 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. (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 parking of an automobile, boat, trailer or any other type of vehicle on any public street, playground, park, athletic field, or school yard with any type of sign or writing on the vehicle, which offers the vehicle for sale. The parking of an automobile, boat, trailer, or any other type of vehicle upon any private property, including parking lots or driveways of residential or commercial lots with any type of sign or writing upon the vehicle which offers the vehicle for sale. The owner or person entitled to possession of any real property commits an offense by allowing the parking of a vehicle on the property that violates this ordinance. EXCEPTION: It is a defense to prosecution under the ordinance if the vehicle is offered for sale upon real property zoned for automobile sales or if the vehicle is offered for sale on private residential property and no more than two vehicles have been offered for sale from that property within any one calendar year. 5 (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 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; or upon any private property between sunset and sunrise. EXCEPTION: The normal delivery of newspapers or solicited periodical subscriptions by the owner of the private property. (r) The maintaining of any building or structure of which the roof or eaves project beyond the vertical projection 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. 6 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. (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) Maintaining graffiti on public or private structures located on publicly or privately owned real property with the City of North Richland Hills. (y) 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 with 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 7 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 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, except where a different notification requirement is established in this Ordinance, the enforcement officer shall give notice of such violation or alleged violation to the person or persons responsible for such violation as follows: (a) The owner of a property shall be notified of violations of this Ordinance as follows: L iL iiL The notice shall be given personally to the owner in writing; or The notice shall be addressed to the owner at the owner's address as recorded in the appraisal district records of Tarrant County; or If the personal service cannot be obtained, 1. by publication at least once; 2. by posting the notice on or near the front door of each building on the property to which the violation relates; or 3. by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings. (b) Any notice that is mailed to a property owner in accordance with this Ordinance, and the United States Postal service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected and the notice is considered as delivered. 8 (c) In a notice provided in this Ordinance, the enforcement officer may inform the owner by regular mail and a posting on the property, that if the owner commits another violation of the same kind or nature that poses a danger to the public health or safety on or before the first anniversary of the date of the notice, the City without further notice may correct the violation at the owner's expense and access the expense against the property. If a violation covered by a notice under this Ordinance occurs within a one-year period, and the municipality has not been informed in writing by the owner of any ownership change, then the City may without notice take any action permitted by SECTION 3, Sub Paragraph (a) & (b) of this Ordinance and assess the expenses as outlined in Section 11. (d) The placement of a notice of violation on a vehicle in violation of Section 3- (a) shall be considered adequate notice under this article. (e) The notice described in this section shall require compliance within seven (7) days of the notice of violation. 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. Section 9. Remedies To enforce any requirement of this Ordinance, a code enforcement officer may: (a) Do the work or make the improvements required, and (b) Pay for the work done or improvements made and charge the expenses to the owner of the property. (c) Cause appropriate action to be instituted a court of competent jurisdiction. 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. 9 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 are 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 ten per cent (10%) 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, 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 2233 and 2409 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. 10 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 13th day of November, 2000 APPROVED: MAYOR ATTEST: CITY SECRETARY /--- APPROVED AS TO CONTENT: ~~~ DEPARTMENT HEAD 11 CITY OF NORTH RICHLAND HILLS ,Department: Public Works Subject: Approve Interlocal AQreement with Citv of Hurst concerning Sanitary Sewer Cross Flows in the Woodcrest Addition - Resolution No. 2000-085 Council Meeting Date: 11/13/00 Agenda Number: P_VV 2000-035 Recently, staff became aware that wastewater flow from 28 homes on Woodway Drive and Wreyhill Drive in the Hurst city limits were draining into the North Richland Hills' sewer system. This has probably been this way for many years. The City of Hurst has collected for sewer service though the sewer has been flowing into North Richland Hills. In an effort to begin recovering cost for this sewer flow, we contacted the Hurst staff and drafted an agreement which includes the following points. 1. The agreement lists the 28 homes by service address, account name, and account number with reference to the Hurst utility billing system. 2. Hurst will pay North Richland Hills 90% of the sewer service charges it collects from these 28 customers on a monthly basis. Hurst wiU retain 10% to cover their maintenance of these lines. 3. The first payment from Hurst will cover 90% of the sewer service charges it collected for the past fiscal year, October 1, 1999 through September 30, 2000. The first monthly payment will be for October, 2000. 4. The agreement can be renegotiated by either party upon sixty (60) days notice. Hurst has indicated they will pursue trying to redirect this flow into their system at least by the time the utility adjustments are made for the widening of Airport Freeway by the Texas Department of Transportation. Recommendation: To approve Resolution No. 2000-085. Finance Review Source of Funds: Bonds (GO/Rev.) , Operating Budget Other - ~¿¡) Account Number Sufficient Funds AvallaDle Finance Director RESOLUTION NO. 2000-085 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 'nterlocal Agreement with the City of Hurst concerning compensation for sanitary sewer flows into the North Richland Hills system from Hurst customers on Woodway Drive and Wreyhill Drive. PASSED AND APPROVED this the 13th day of November, 2000. Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO CONTENT: I ~ ¡ .. ."--..---.------- The State of Texas § § County of Tarrant § WITNESSETH WHEREAS, the City of Hurst, Texas has a sewer line which connects to and discharges into the city of North Richland Hills sanitary sewer system, which line is presently utilized by sewer customers ofthe City of Hurst not pursuant to any contract between the two cities providing for the collection of sewer charges and the payment to North Richland Hills of a portion of such charges for the connection and discharge of such wastewater; and, WHEREAS, the cities' desire to enter into an arrangement to provide for revenues to be paid to the City of North Richland Hills; FOR AND IN CONSIDERATION ofthe mutual undertakings hereafter set out the cities of North Richland Hills and Hurst agree as follows: 1. The City of Hurst may connect sewer lines and continue to allow existing sewer line connection to City of North Richland Hills lines which lie within the City of Hurst subject to the collection by the City of Hurst of the same amount collected from other sewer customers within Hurst. 2. The City of Hurst agrees to keep the City of North Richland Hills infonned on a current basis ofthe names and addresses of each customer whose sewage is being transported and discharged into North Richland Hills' sewer line and system. The names and addresses of such customers are as shown on EXHffiIT "A" attached hereto. 3. The City of Hurst shall retain 10% of the amount collected for sewer service from such customers whose sewage is transported and discharged into North Richland Hills lines and the remaining 90% shall be remitted to the City of North Richland Hills. Payments by the City of Hurst to the City of North Richland Hills shall be made monthly beginning October 1, 2000. Payments to North Richland Hills will be made by the fifteenth (15th) ofthe month. The first payment to North . _·____·______··___·"_,_"·___.ft , ... ,._ Richland Hills shall include the total payment for the period from October 1, 1999 through September 30, 2000 at 90% of the amount collected. 4. This agreement may be renegotiated by either party upon sixty (60) days notice to the other; and either party may cancel this contract upon ninety (90) days notice. 5. The City of Hurst will collect and retain the standard tap fees and impact fees. 6. This contract made and entered into this day of , 2000, shall continue until renegotiated or canceled. IN WITNESS WHEREOF the heretofore duly authorized officers of the cities of North Richland Hills and Hurst have set their hand. CITY OF HURST ATTEST: By: tV. Ûk - ~~- Allan Weegar, City M ger ~'1;. ~ City Secretary - Hurst CITY OF NORTH RICHLAND HILLS By: ATTEST: Larry Cunningham, City Manager Assistant City Secretary - N. Richland Hills City Attorney, North Richland Hills o~~ John Boyle City Attorney, City of Hurst ACCOUNT # 11-01020 11-00910 11-01010 11-00920 11-01000 11-00930 11-00990 11-00946 11-00980 11-00950 11-00970 11-00960 11-00660 11-00810 11-00670 11-00800 11-00680 11-00790 11-00690 11-00780 11-00700 11-00770 11-00710 11-00760 11-00720 11-00750 11-00730 11-00740 EXHIBIT" A" ACCOUNT NAME Lucy Smith T .H. McKinley Raymound E. Bedford Patricia J. Jones Robert R Medean Ken Kenvin Terrel T. Owen J an E. Lary Teresa J. Carson Cris Clark Joe Sturm Paul James Laura Minor Rhonda Hambrick Harold W. Bull Beth Walker Wallace Wilkes Adam L. Adrian Robert L. Cashion Phillip O. Starnes Robert Lane F. Hollis Latimer V.J. Kane RH. 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' \ \.. \ \ \ ' . , , \ \.o. , '\ ' . . , , , , '. \ \ '\ \ " \ .. \ \ '. , '\ \ \ , " \. \\/.-.-- \\ \ . \' \, \ \, .....~.- " \f \, \, \ \' , \ \ \ \, \ \ \ \ \ It \ \ \ \ \'. \ \' \ \ .. .. .. Announcements and Information November 13,2000 Announcements Children's Book Week begins in the Library from November 13-19. Come join us at the North Richland Hills Public Library. City Hall will be closed for the Thanksgiving Holiday on November 23-24. Trash service will not be provided on Thursday, November 23. Trash service will resume with regular schedule on Friday, November 24. 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 November 14 Citizen Involvement Program City Hall 5:30 p.m. November 15 Texas Recycles Day November 16 Ribbon Cutting Auntie Ann's Pretzels Inside Wal Mart 6401 N. E. Loop 820 11 :30 a.m. November 17 Ribbon Cutting Unicorns and Dinosaurs Collectibles & The Frog's Pond Tea Room 7624 Grapevine Highway 9:30 a.m. November 21 Citizen Involvement Program City Hall 5:30 p.m. November 23-24 City Hall Closed