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Home My WebLink AboutCC 2000-11-27 Agendas CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA NOVEMBER 27, 2000 - 5:45 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 27, 2000 City Council MeetinQ (5 Minutes) 2. IR 2000-148 Update on TEX-21 Transportation Excellence for the 2151 Century (10 Minutes) 3. IR 2000-147 Update on Legislative Policy Presentation to Elected Officials (5 Minutes) 4. IR2000-150 Update on Development Agreementwith Arcadia for NRH Town Center (45 Minutes) 5. Adjournment - 6:50 pm *Closed due to subject matter as provide by the Open Meetings Law. If any action is contemplated, it wilLbe taken in open session ¡ I f PpSTED idJ-lQÛ ",-. Date? d" ~D ~tV'\ Time fJ.;-^'^. + ~ Ci.ty s~c!ewry~. ~ u~ Ÿ,)~~ By__ CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA NOVEMBER 27, 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 817-427-6060 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation - Richland High School 3. Pledge of Allegiance - Richland High School 4. Special Presentations - Trinity Railway Express - Belinda Willis 5. Removal of Item(s) from the Consent Agenda 6. Consent Agenda Item(s) a. Minutes of the Pre-Council Meeting November 13, 2000 b. Minutes of the City Council Meeting November 13, 2000 GN 2000-133 c. Alternative Fuels Grant Extension - Resolution No. 2000-090 GN 2000-138 d. Approve Automatic Aid Agreements for Fire Protection and Emergency Medical Services with Colleyville and Hurst - Resolution No. 2000-094 PU 2000-149 e. Award Bid for 2001-Year Model Vehicles PW 2000-036 f. Approve Purchase of Right-of-Way for the Rufe Snow Drive/Glenview Drive Intersection 7. PZ 2000-42 Public Hearing to Consider a Zoning Change Request from AG Agricultural District to R3 Single Family Residential District, Requested by Van Schuler at 7829 Odell Street known as Tract 2G1 B out of the John McCommas Survey, # 1040 - Ordinance No. 2530 8. PZ 2000-43 Consider Site Plan Approval for Shady Grove Baptist Church, represented by Innovative Construction, on Lot 1, Block 1, Jackson Heights Addition (Property Located at 6649 Precinct Line Road) being Lot 11, Block 6, Crestwood Estates 9. PS 2000-40 Consider Final Plat of Lot 1, Block 1, Jackson Heights Addition as Requested by Shady Grove Baptist Church (4.60 Acre Tract Located at 6649 Precinct Line Road) 10. GN 2000-134 Amendment of Lease Agreement with Sprint PCS for Iron Horse Golf Course Tower- Resolution No. 2000-095 11. GN 2000-127 Consideration of Lease Agreement with Metricom for Antennae at Bursey Road Water Tower - Resolution No. 2000-088 (Tabled at the November 13, 2000 City Council Meetina) 12.GN 2000-136 Approval of Compensation Plan Market Adjustment 13. GN 2000-137 Approve Tarrant County Mutual Aid Agreement for Fire Protection and Emergency Medical Services - Resolution No. 2000-093 14. GN 2000-139 Eminent Domain Proceedings on Eight Parcels of Land needed for Street Widening; RUFE SNOW PROJECT - Resolution No. 2000-096 15. PW 2000-037 Approve Agreement with the State of Texas for Signalization Improvements at Cardinal Lane (Walker Boulevard) and S.H. 26 - Resolution No. 2000-092 16. a) Citizens Presentation b) Information and Reports IR 2000-149 Recent RTC Action on the Cotton belt Trail Project 17. Adjournment ¡¡poSTED . l<ld.- It'.ö Date? -3 : .:S 0 .~ (.t \ y .L Time 7t è~,~~, ,.J--- By -- " .'" . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 00-148 * November 27, 2000 Date: TEX-21; Transportation Excellence for the 21st Century Subject: In communities across the state, transportation has become a significant economic development and quality of life issue that must be addressed on a daily basis. Despite an increase in federal funding, the state is able to fund less than 40% of the needed transportation projects statewide, and local communities increasingly have to shoulder more of the transportation burden. The rapid population growth of the 90's, in conjunction with the increased commercial traffic from NAFT A, is straining our statewide transportation infrastructure. TEX-21 is a grassroots, statewide coalition made up of mayors,councilmembers, county judges and commissioners, city managers, transportationpl~nners, chambers of commerce, and private business people who are working at the highest level to find comprehensive solutions to the transportation challenges faced across Texas. In the past, each region of the state has competed from limited transportation resources. TEX-21 members have united the entire state and now seek to collaboratively approach the legislature to demonstrate that transportation infrastructure needs a renewed commitment. Although each region of the state has its own unique transportation concerns, all are united in the belief that greater transportation funding levels, NAFTAcorridor planning, safety "-- initiatives, and more project delivery systems will help all regions. Congestion, air quality concerns, safety issues, economic development, and international trade are transportation issues that directly impact our quality of life. TEX-21 adopted a deliberative committee process that allowed discussion of transportation concerns across the state in order to reach a consensus on how to best address these . concerns. The committee process has produced this package of transportation solutions consisting of 20 resolutions. We are working now with members of the legislature to draft these resolutions into bill form for filing. TEX-21 needs your support. TEX-21 has held open statewide meetings in Laredo, San Antonio, Austin, Lubbock, Houston, Irving, EI Paso, Midland/Odessa, Corpus Christi,and Dallas,and have received significant media attention. The TEX-21 Coalition has been endorsed by the editorial boards of the The Dallas Morning News, Houston Chronicle, EI Paso Times, Lubbock Avalanche- Journal, and the Fort Worth Star Telegram. The goal for TEX-21 is to gain passage of a comprehensive legislative transportation package that will bring Texas the statewide transportation system it needs and deserves. Respectfully submitted, -.. i e s, Public Works Director ", NORTH RICHLAND HILLS, TEXAS """'--'---'-"~"-_._'-- TEX-21 Transportation Excellence for the 21 st Century Summary of Adopted Position Resolutions NAFT A Position Resolution 002 A resolution encouraging the State of Texas to proactively monitor and analyze trade corridors through the development, monitoring and documenting of "Corridor Zones", Position Resolution 003 A resolution encouraging the State of Texas to perform a coordinated and comprehensive statewide analysis of surface roadway access issues for intermodal facilities. Position Resolution 009 A resolution encouraging the State of Texas to develop and implement Linear Trade Zones, whereby local communities along international trade corridors could voluntarily coordinate economic development activities, in conjunction with the implementation of Corridor Zones. FINANCE Position Resolution 001 A resolution commending members of the Texas Congressional Delegation for their efforts in securing a minimum 90.5% rate of return to Texas in TEA-21; and encouraging them to remedy the multi-million dollar annual loss of funding to Texas from FHWA Discretionary Programs. Position Resolution 004 A resolution supporting alternate funding of non-highway functions of the Texas Department of Public Safety. Position Resolution 005 A resolution supporting moving the point of collection for state fuel taxes from the distributor level to the terminalleve/. Position Resolution 006 A resolution supporting the efforts to end registration fee subsidy of the general revenue fund and redirect those dollars to the State Highway Fund. Position Resolution 007 A resolution supporting legislation allowing highway funds to pay a portion of tollroads. Position Resolution 008 A resolution supporting efforts to redirect transportation fees and taxes generated by certain activities of the Department of Public Safety (DPS) to the State Highway Fund - . ^_.,-.._-->~...._------~-_._-_._.----- Position Resolution 017 A resolution supporting the issue of GARVEE bonds based on a conservative estimate of projected federal highway revenue returned to Texas. Position Resolution 018 A resolution supporting the creation of a new transportation revolving fund to support bonded indebtedness. Position Resolution 019 A resolution to encourage the leasing of TXDOT's light towers, medians, and right-of-way to private telecommunications firms. Position Resolution 020 A resolution to establish a minimally acceptable performance standard for the Texas transportation system. AIR QUALITY Position Resolution 010 A comprehensive air quality resolution. ROAD DESIGN AND CONSTRUCTION Position Resolution 011 A resolution to improve the efficiency of road building systems in the State of Texas by embracing relevant system changes through increased partnerships, fostering decision making at the lowest level, effective project sequencing, and improved oversight. Position Resolution 012 A resolution for the State of Texas to provide the Texas Department of Transportation appropriate resources and authority to accomplish its duties. SAFETY Position Resolution 013 A resolution for the State of Texas to implement a program of graduated drivers' licenses. INFORMAL REPORT TO MAYOR AND CITY COUNCIL \.....- ~ Date: T Subject: No. IR #00-147 November 27, 2000 Update on Legislative Policy Presentation to Elected Officials At the last City Council meeting, dates were set for meetings with the various elected officials to present our legislative program for the 2001 Legislative Session. As a result of contacts with the legislatures those dates were not feasible due to various meetings and appointments the elected officials had previously scheduled. As a result, staff is pursuing another option at this time. Our plan will be to schedule for noon time luncheon meeting(s) with the elected officials and their staff and present our legislative program in a brief PowerPoint presentation. We may end up having more than one of these meetings depending on the scheduling of the elected officials and/or their staff. . . At the Monday night Council meeting we hope to present you more definitive information on this presentation. Irector of Community Services and Facilities GTV/ld , t '- ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS '. INFORMAL REPORT TO MAYOR AND CITY COUNCIL No.IR 00-150 L ~ Date: November 27, 2000 T Subject:Town Center Developer Agreement with Arcadia The City of North Richland Hills has been in discussions and negotiations with Arcadia for nearly a year on all the various components, responsibilities, and issues regarding the Town Center developer agreement "Attachment A". Earlier this year, staff presented to City Council in a pre-session the basic framework of the agreement and also solicited input from Council collectively as well as individually. There has been considerable delay in finalizing this agreement primarily.due to several issues; One, has been the engineering and design of the lake and park area. A critical issue is that, although the I~ke area will be a very attractive amenity and focal point for the entire development, it will also serve as a drainage structure. There was additional engineering staff required by the developer to further examine lake elevations, sedimentation, water flow, and all other.components of the lake to ensure that once the City has the maintenance responsibilities that the lake will function properly. Secondly, there havebéen some changes with the engineering firm on the part of the developer. Finally, awaiting the approval and adoption of the Tax Increment Financing District by all the taxing entities. At this point the City of North Richland Hills is recommending to City Council to move forward and adopt the proposed developer agreement. Also included with this item is a brief outline (Attachment "B") of the various components that the city is responsible for as well as the responsibility of the developer. This list is not all- inclusive but does highlight those areas that are typically not part of a "normal" development or one of this magnitude. For example, the developer will be engineering, designing and constructing all the streets, infrastructure, etc., which is a typical function of the developer. These type items have not been included on Attachment "B". However, lake development, maintenance of commercial core areas is not typical so these types of issues have been add ressed. The City has spent a great deal of time and effort ensuring that the city's investment of the planned recreation center and library are protected. In the agreement under the section of Library and Recreation Center we have listed certain "trigger" dollar amounts that once the taxable values in the Town Center reach a certain threshold then we will move forward with design on both facilities. Also, once. the taxable values reach an even higher threshold then we will move forward with construction. This will ensure that regardless of what happens to the development after certain thresholds are met the city will still have sufficient tax revenues from the TIF to pay the outstanding debt. Another highlight of the agreement is the consideration to create a Public Improvement District (PID) in lieu of a Parking Authority. The primary responsibility of the PID would be to address all the parking issues, in the urban core area. The details will be developed and implemented at a later date but in essence this PID would allow for the city to assess property owners and tenants for the enhanced maintenance and security, parking structures, water features, etc., and any other eligible uses. It would also allow the city to have sufficient monies, as well as protection, to ensure that the development is maintained at a high level regardless of what happens to the developer in the future. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS "- "-- 2 \.- Dan Quinto and other representatives from Arcadia will be at the meeting to address specific questions of City Council as well as the numerous staff members that have worked on this agreement, consisting of Public Works, Parks and Recreation and the City Manager's Office. Staff will present a brief overview of the agreement during the meeting. Should you have any questions prior to the meeting please do not hesitate to call. The briefing in the Pre-Council meeting is to present Council with the final draft of the agreement. Also, if there were any major items that still are not clear enough we would appreciate your direction. The agreement is planned for approval at the December 11th City Council meeting. Steve Norwood Assistant City Manager SPN/ld Attachment "A" RMA Draft: 11/15/00 NORTH RICHLAND HILLS TOWN CENTER COMPREHENSIVE DEVELOPMENT AGREEMENT THIS COMPREHENSIVE DEVELOPMENT AGREEMENT (the "A2reement") is made by and between THE CITY OF NORTH RICHLAND HILLS, TEXAS (the "City") and ARCADIA HOLDINGS, INC (the "Developer"). RECITALS: A The Developer is developing certain parcels of real property located within the City, Tarrant County, Texas, as a mixed use residential and commercial development to be known as "North Richland Hills Town Center." B. C B. A reinvestment zone has been created and established by the City pursuant to the Tax Increment Finance Act (V.T.CA Tax Code, Chapter 311) and Ordinance No. 2420, with boundaries that encompass the "North Richland Hills Town Center" and known as "City of North Richland Hills, Texas Reinvestment Zone Number Two." D. E. C A final project plan and financing plan for said Reinvestment Zone Number Two has been prepared and adopted and approved by the City Council of the City and the parties hereto hereby represent and declare this Agreement vital to the implementation of such project plan and financing plan and is being executed and delivered pursuant to and in accordance with authority conferred by the laws of the State of Texas, including particularly VT.CA, Tax Code, Section 311.010. F. G. D. The parties hereto desire to document their various understandings and agreements concerning various aspects of construction and operation of the Development, on the terms hereinafter set forth. H. I. NOW, THEREFORE, for and in consideration of the recitals set forth above, and for $10.00 and other good and valuable consideration paid by each party to the other, the receipt and sufficiency of which is hereby acknowledged by all parties, the parties hereby agree as follows: J. 1. Definitions. As utilized herein, the following terms shall have the meanings indicated: "Affiliate" shall mean any limited partnership, joint venture, corporation, trust, or limited liability company which is owned or controlled, directly or indirectly, by any of the respective parties hereto. "A1!reement" means this Comprehensive Development Agreement. "Association" or "Associations" means, individually or collectively, the non- profit corporation(s) to be established by the Developer pursuant to the Declaration to Comprehensive Development Agreement - Page I 2156.64 own, manage, administer and supervise the Common Areas in the Development, and in which the owners of parcels in the Development shall be members, "City" means the City of North Richland Hills, Texas. "City Hall" means the office and administrative facility that may be constructed in the Development by the City to house future offices of the City, as described in Paragraph 12 hereof. "City Imnact Fees" means those certain charges and fees permitted to be assessed by the City pursuant to the Impact Fee Ordinances. "City Library" means the library facility containing approximately 55,000 to 60,000 square feet of Improvements, with suitable shelf space to house a library collection of approximately 225,000 volumes, with suitable seating and study carrels, meeting rooms, and computer training facilities, to be constructed in the Development by the City, as described in Paragraph 11 hereof. "City Recreation Center" means that certain recreation facility containing approximately 75,000 square feet of recreation center amenities and approximately 25,000 square feet of pool facilities, which facility may include a double gymnasium, fitness center, weight room, classrooms, dance rooms, aerobic rooms, pre-school day care room, game room, indoor running and walking track, outdoor amphitheater, indoor pool(s), banquet and meeting rooms, rock climbing walls, instruction kitchen, concession area, lockers and showers, and administrative offices, and such other facilities as may be approved by the City, to be constructed in the Development by the City, as described in Paragraph 10 hereof. "Corns" means the United States Army Corps of Engineers. "COMC" means the Commercial Operations and Maintenance Committee described in Paragraph 13 hereof. "Common Areas" means the real property or property interests within the Development which are designated for the common use and enjoyment of all owners, and shall include any improvements on such real property, all utilities, utility easements and other easement rights for common use, and may include streets located within the Development which are intended for automobile traffic and which are not dedicated to the public. "Declaration" means those certain Master Deed Restrictions to be adopted by Developer with regard to the Development, which shall establish use restrictions and development guidelines with regard to improvements constructed within the Development, shall authorize the establishment of the Associations, shall establish the DRB and authorize the promulgation of the Design Code and the appointment of the Town Architect, shall provide procedures for imposition and collection of assessments from owners of parcels of property within the Development to maintain common areas Comprehensive Development Agreement - Page 2 2156.64 and amenities within the Development, and shall supplement the ordinances of the City with respect to governance of the areas within the Development. "Desi2n Code" means the plan for the development of the Development through its regulation of land use, architecture and environment, which depicts the master plan for the Development, establishes setbacks, lot coverages, landscape regulations and other similar makers, and shall guide the design of buildings and use of materials for buildings within the Development. Such Design Code shall also establish procedures for architectural review to ensure compliance with all applicable provisions thereof. "Developer" means Arcadia Holdings, Inc., a Texas corporation, and its successors and assigns, as the developer of the Development. "Development" means those certain tracts and parcels of real property located in the City, and being further described on Exhibit A attached hereto and made a part hereof by reference for all purposes. "Draw Request" means a request for payment of the Developer Reimbursement Amount in the form of Exhibit G attached hereto. "DRB" means the Design Review Board established by the Declaration to administer the Design Code established or promulgated for the Development pursuant to the Declaration. "Elh!Íble Expenses" means out-of-pocket expenses paid by Developer to third parties to construct Public Use Improvements unrelated to residential development within the Development, as determined by the City. In determining whether or not an expense is an Eligible Expense, the City shall be entitled, in its discretion, to consider and accede to the recommendations of other governmental bodies participating in any tax increment reinvestment zone included in the Development. The City's determination as to whether or not an expense is an Eligible Expense shall be conclusive, absent manifest error. "Final Plat" means a final plat of any Tract contained within the Development which shall be approved by the City in accordance with its standard procedures for approval of plats and recorded in the Real Property Records of Tarrant County, Texas, and which shall be in substantial conformity with any preliminary plat proposed by the Developer and approved by the City for such Tract. "Franchise Utilities" shall mean all electric, gas, telecommunication, and cable television utilities designated and approved by the Developer for providing such utility services to the Development. "Franchise Utilitv Providers" shall mean those companies and providers that, individually or collectively, provide any of the Franchise Utilities. Comprehensive Development Agreement - Page 3 2156.64 "Furnishin2s" shall mean any benches, trash receptacles, planters, street trees, or other items approved by the City and the Developer to be added to the Public Use Improvements for public use and benefit. "Impact Fee Ordinances" shall mean Ordinance Number 2241 previously enacted by the City which provides for the assessment and payment of City Impact Fees for water and wastewater facilities. "Improvements" mean any buildings, parking structures, shopping centers, theaters, conference centers, libraries, recreation centers, fitness centers, homes, or other structures that may be erected or constructed within the boundaries of the Development. "Infrastructure Improvements" mean any roads, thoroughfares, curbs, sidewalks, sewers, storm drains, vaults, lakes, parks, entryways, irrigations systems, lighting systems, and other infrastructure improvements constructed in the Development. "Incremental Taxable Value" means, at any particular time, the positive difference between (a) the taxable assessed value of the real property within the Development as of such time, and (b) the taxable assessed value of the real property within the Development as of January 1, 2000. "Lakes" means those lakes and adjacent common areas shown on the Regulating Plan. "Park" means that certain park and adjacent common areas shown on the Regulating Plan. "Parkin2: Areas" shall mean those areas designated for shared public parking on the Regulating Plan, as same may be amended or supplemented from time to time. "Parkin2 Area Structures" shall mean any above or below grade Improvements that may be erected or constructed by the Parking Authority on any Parking Areas. "PID" means the public improvement district, local government corporation, or similar entity that, if allowed by applicable law, will be established by the City and the Developer to oversee, maintain and regulate all Parking Areas and Parking Structures within the Development, as described in Paragraph 9 hereof. "Private Use Improvements" shall mean, collectively, all Infrastructure Improvements that may be developed and constructed within the Development but which are not dedicated to public use and are maintained as private property, although they may be conveyed to an Association as Common Areas for future use and maintenance. "Public Improvement Contracts" shall mean all contracts entered into by or on behalf of the Developer for the construction of any of the Public Use Improvements Comprehensive Development Agreement - Page 4 2156.64 "Public Use Improvements" shall mean, collectively, all Infrastructure Improvements that may be dedicated for public use and accepted by the City upon Substantial Completion thereof, including, without limitation, all streets and alleys in dedicated rights-of-way, all sidewalks in dedicated rights-of-way, the parks dedicated to the City, water, storm sewer and sanitary sewer utilities in dedicated rights-of-way, and furnishings and landscaping improvements in dedicated parks or in dedicated rights-of- way. "Public Use Improvements Bud2et" means the budget for the Public Use Improvements which will be prepared by the City and submitted to Developer as construction of the Public Use Improvements progresses. "Re2ulatin2 Plan" means that certain map depicting the approved categories of Use Classifications for the various Tracts in the Development, which has been approved by the City and the Developer, and a counterpart of which is attached hereto as Exhibit B and made a part hereof by reference for all purposes. "Substantial Completion" shall mean, with regard to any Infrastructure Improvements or Improvements constructed in any portions of the Development described in a Final Plat, the condition of completion thereof, as certified by the Town Architect (or any other supervising architect involved in the construction of such item(s)) and confirmed by a representative of the City, which shall enable such Improvements or Infrastructure Improvements, as applicable, to be occupied or utilized for their intended use. "TIF#2" shall mean the tax increment financing district described in Ordinance Number adopted by the City. "Total Developer Reimbursement Amount" shall mean the sum of the total amount of Eligible Expenses shown in the finance plan attached hereto as Exhibit H. "Town Architect" means the architect appointed by the DRB or the Developer, in accordance with the Declaration, to review and approve all plans for Improvements, Parks, Lakes (including any applicable trail system or related facilities), and any other Public Use Improvements proposed for construction within the Development to insure compliance with the Declaration, the Design Code, and all design guidelines or requirements implemented or promulgated pursuant to the Declaration. "Tract" and "Tracts" means, individually and collectively, the separate parcels or pieces of the Development, as identified on the Regulating Plan. "Use Classification" means the classifications of zoned use for each Tract in the Development, in accordance with the Zoning Ordinance. "Water Park" means the North Richland Hills Water Park adjacent to the southeastern portion of the Development. Comprehensive Development Agreement - Page 5 2156.64 "Zonim! Ordinance" means Ordinance Number _ adopted by the City, as same may be amended and supplemented from time to time in accordance with the applicable procedures of the City. 1. Desien of Public Use Improvements and Private Use Improvements. The Developer shall be responsible, at no cost or expense to the City, for preparation of all plans and designs for the Public Use Improvements and the Private Use Improvements to be constructed by the Developer within the Development. The City shall have the right to review and approve such designs and plans for such Public Use Improvements (including specifically, without limitation, all Public Use Improvements described in Paragraph 5 hereof) and Private Use Improvements in accordance with the published and adopted review procedures and standards of the City. The Developer shall coordinate the timing of the preparation of plans for such Infrastructure Improvements. As development of Tracts within the Development is commenced by or on behalf of the Developer, the Developer or its Affiliates shall coordinate the preparation, approval and filing of any Final Plat for any Tract within the Development. The City shall cooperate in timely review of any Final Plat of any Tract within the Development in accordance with the standard review procedures and guidelines of the City. 2. 3. Development Fees and Charees. The City acknowledges that the construction of Public Use Improvements by the Developer and the dedication of such Public Use Improvements to the City has substantial benefits to the City and the residents thereof. Subject to the limitation on infrastructure inspection fees hereinafter provided, the Developer and its designated Affiliates shall pay to the City all City Impact Fees required by the Impact Fee Ordinances in connection with the development of Improvements in the Development, subject, however, to receipt by the Developer and its designated Affiliates of applicable credits in accordance with the City Impact Fee Ordinances, based on the construction of such Public Use Improvements by the Developer and its designated Affiliates. Notwithstanding the foregoing, the City shall waive all infrastructure inspection fees on any Infrastructure Improvements constructed in the Development by Developer or its Affiliates which are in excess of (a) four percent (4%) of the costs of Infrastructure Improvements for water systems, wastewater systems and sewer systems, and (b) three percent (3%) of the costs of streets, drainage facilities and all other Infrastructure Improvements. 4. 5. Construction and Dedication of Public Use Improvements. From time to time, the Developer shall commence the development of various Tracts within the Development, and the Developer may contract, at its sole cost and expense, with such contractors as may be selected for the installation of all Infrastructure Improvements for such Tracts, which may include both Public Use Improvements and Private Use Improvements for such Tracts. The Developer shall be obligated to provide public bidding for any contracts that include the installation of any Public Use Improvements in accordance with any applicable laws, statutes or ordinances. The Developer shall supervise and oversee all such contracts and shall exercise due diligence and good faith efforts to insure compliance by such contractors with all requirements of the City for the installation and completion of Public Use Improvements. All such contracts shall provide a bond or a warranty on such Infrastructure Improvements from the applicable contractor that installed such Infrastructure Improvements, which warranty shall commence upon Substantial Completion thereof The City shall be entitled to inspect all Infrastructure Improvements (including, without limitation, the Public Use Improvements described in Paragraph 5 hereof) Comprehensive Development Agreement - Page 6 2156.64 - "_~-----^~'._----~~_'_~-~--_""_"'~ -. ..-....---.-. during the course of construction thereof in accordance with the City's standard procedures for inspection of similar items. Upon Substantial Completion of the Public Use Improvements by the Developer or its Affiliates within any Tract, as delineated in the approved Final Plat for such Tract, the Developer or its Affiliates shall properly dedicate or convey the property containing such Public Use Improvements to the City, and the City shall accept such Public Use Improvements for maintenance and become the owner thereof. Without limiting the generality of the foregoing covenants of Developer, Developer shall perform the following specific duties and services in respect of the construction of the Public Use Improvements: 6. (a) Use reasonable efforts to guard against any defects or deficiencies in the work of the contractor(s) or subcontractors performing construction of the Public Use Improvements, including, without limitation, an appropriate inspection and testing of work (provided, however, nothing contained herein shall impose any liability on the Developer for any defects of deficiencies of any contractors or subcontractors in performing any such work); (b) Advise a representative of the City of any material omiSSions, substitutions, defects, or deficiencies noted in the work of any contractor, subcontractor or materialman performing construction of the Public Use Improvements; (c) Reject any work or materials that do not, in Developer's professional judgment, materially conform to the appropriate contract documents; (d) Obtain from all contractors under Public Improvement Contracts lien waivers, bills paid affidavits and other similar documentation evidencing that such contractors have been paid in full and have no claim of lien against the Public Use Improvements; ( e) Establish and maintain a central file for all design, construction, and related contractual documents, including contracts, purchase orders and change orders, and provide the City with copies of warranties, guarantees, operating manuals and a set of as-built drawings upon the completion of the Public Use Improvements; and (t) After Substantial Completion of the Public Use Improvements, coordinate with the appropriate contractors the performance and completion of any unfinished items in respect of the Public Use Improvements. 1. Special Provisions Re2ardin2 Certain Public Use Improvements. The following provisions shall be applicable to various categories of the Public Use Improvements to be constructed by the Developer or its Affiliates in the Development, as follows: 2. (a) Water Improvements. The size of any piping for the water system that shall be designed to service each Tract in the Development shall be in accordance with the good faith recommendations of the engineer retained by the Developer to prepare the plans for such Tract in the Developments, subject in all events to compliance with published and adopted City standards. The location of water taps for water meters to service such Tract will be provided at the discretion of the Developer. Shutoff valves for each system will be Comprehensive Development Agreement - Page 7 2156.64 provided at the beginning of each phase connection of such system. The Developer shall provide dedicated and separate connections, valves, meter boxes and meter vaults to the water and the irrigation systems that service the Park dedicated to the City within the Development. The water system constructed for each Tract in the Development shall meet existing City standards and specifications for such systems. Notwithstanding the foregoing, the City may request additional improvements to such water system, including increases in the size of water lines recommended by the engineer retained by the Developer, or different locations for water taps, valves or meter boxes, so long as the City bears the cost, if any, of any such changes or relocations in components to the water system which may be requested by the City. The Developer will provide water service and wells to refill the Lakes; however, the City shall be responsible for the cost of water to service the Lakes and all of the other Public Use Improvements, and all meters that may be required in connection with any such Public Use Improvements (including the meters necessary to service the park area adjacent to the Lakes). The Developer shall pays all costs of such water system improvements; provided, however, the City shall reimburse the Developer for a portion of such costs in accordance with the reimbursement provisions of the Impact Fee Ordinances, with such reimbursement to be paid by the City to the Developer upon dedication of such water system components. The Developer shall provide two (2) year maintenance bonds required by the City as a condition of acceptance of such improvements. (a) Sewer Improvements. The Developer shall follow the good faith recommendations of the engineer retained by the Developer to prepare the plans for each Tract in the Development with regard to the size and material of the components for the sewer system which shall serve each Tract within the Development, and such systems shall meet existing published and adopted City standards and specifications for such systems. Lift stations, if required on-site to service any Tract, shall be the responsibility of the Developer. The Developer shall be required to install only those segments of the sewer system for such Tract in the Development as may be minimally required to service the Tract under development. Without limiting the obligations of Developer hereunder to construct sewer lines, the parties expressly acknowledge and agree that the Developer shall pay all costs of the sewer line described on Exhibit C attached hereto and made a part hereof by reference; provided, however, that the City shall reimburse the Developer for the costs paid in respect of the sewer line described on Exhibit C, in accordance with the reimbursement provisions to the Impact Fee Ordinances, with such reimbursement to be paid by the City to the Developer upon dedication of such sewer line. The City shall be responsible for all costs of maintenance, repair and replacement of any sewer lines to service any Tract in the Development once same have been dedicated to the City; provided, however, that the Developer shall provide two (2) year maintenance bonds required by the City as a condition of acceptance of such improvements. (a) Drainaee Improvements. The Developer will provide all drainage piping and grading for any Tract under development by the Developer or its Affiliates in accordance with the good faith recommendations of the engineer for such Tract in the Development, and such drainage facilities shall meet existing published and adopted City standards and specifications for such drainage facilities. The Developer will be required to build only the drainage facilities and segments for such Tract that are necessary to meet the Comprehensive Development Agreement - Page 8 2156.64 minimum engineering requirements to service the Tract under development, subject in all events to compliance with City standards. The Developer shall provide two (2) year maintenance bonds required by the City as a condition of acceptance of such improvements. (a) Irrhmtion Systems. The Developer will be responsible for the installation of all irrigation systems to service landscaped areas within the parks, medians and landscaped areas developed by the Developer or its Affiliates in the Development, and such irrigation systems will each be provided with a separate tap to the water system which serves such respective areas. The irrigation systems installed by the Developer will be Tucor irrigation systems or equivalent irrigation systems satisfactory to the City. Such systems will be designed to be serviced by the City water supply and all necessary power and controllers will be placed in public areas which permit access by appropriate representatives of the City. The City shall be responsible for all water charges and meters to serve such areas. Upon Substantial Completion of such irrigation systems, the City shall accept same for maintenance, and the Developer shall have no further responsibility for any such irrigation systems, or any component thereof, other than the one (1) year warranty that shall be provided by the contractor who installed such system upon Substantial Completion of such system. (a) Streets and Streetscapes. The Developer shall coordinate the design, construction and installation of all streets in Tracts developed by the Developer or its Affiliates within the Development. The Developer shall have the responsibility and authority to control all design issues applicable to such streets and streetscapes, including, without limitation, determinations regarding specialty pavement and features on such streets, subject in all events to compliance with published and adopted City standards. All such streets and sidewalks dedicated to the City by the Developer shall include a two (2) year maintenance bond in favor of the City in an amount equal to twenty percent (20%) of the cost of completion of such streets and sidewalks. The City shall review and comment upon plans for any such roads or thoroughfares in accordance with the standard review and inspection requirements of the City. In addition, such streets and streetscapes shall be subject to the following provisions: (1) Inspections. At appropriate times during the course of construction of such streets within the Development, the Developer shall retain and pay for the services of an independent testing agency reasonably acceptable to the City to test the subgrade quality and paving installation in the streets and rights of way that shall be dedicated to the City in accordance with any Final Plat. (1) Acceptance and Maintenance. Upon Substantial Completion of such streets and acceptance of same by City, the City shall assume all maintenance obligations of such streets, subject to requirements under the maintenance bonds provided by the contractors that constructed and installed such streets. Upon expiration of any such maintenance bonds, the City shall be responsible for all cleaning, patching and paving of streets and roads within the Development, and the City shall use reasonable efforts to cause all patches on such streets and roads to match existing paving in color and materials. Comprehensive Development Agreement - Page 9 2156.64 (1) Traffic Si2nals. The City and the Developer shall equally share the costs and expenses of providing all traffic signals along any roads or thoroughfares adjacent to the Development. However, notwithstanding anything to the contrary contained in the foregoing sentence, in no event shall the City's share of such costs exceed Sixty Thousand Dollars ($60,000) per traffic signal, it being agreed that the Developer shall pay any excess for which the City is not responsible. The Developer shall be responsible, at its sole cost and expense, to pay for and provide any traffic signals that may be required for any interior streets included within any Tract developed by the Developer within the Development. (1) Street Li2hts. All lighting systems along all streets developed by the Developer within the Development shall be designed and installed under the supervision of the Developer, at no cost or expense to the City. Subject in all events to compliance with published and adopted City standards, the Developer shall determine, in its discretion, all locations, quantities and qualities of all components of such lighting systems; provided, however, that the components of such lighting systems must meet the approval of TXU or other appropriate retail street light provider. The City shall be obligated to pay all costs of maintenance, repair and replacement of such fixtures and lighting systems in accordance with agreements to be entered into between the City and such Franchise Provider, and the Developer shall have no duty or responsibility for any repair, maintenance or replacement of any such fixtures. The City shall use reasonable efforts to cause any replacement fixtures and lighting systems to match existing fixtures in style and lighting output. (1) Furnishin2s. The City shall have all responsibility for installation, repair, maintenance and periodic replacement of all Furnishings that may be placed and installed upon any Public Use Improvements within the Development, and the Developer shall have no duties, costs or expenses relative to any such items. (1) Si2na2e. The Developer shall, at its sole cost and expense, provide all traffic control signs in the Tracts developed by the Developer in the Development, which shall include all street signs. The Developer shall select the graphics and colors for all such signs, subject in all events to compliance with published and adopted City standards. The Developer shall submit to the City a proposed amendment to the City's existing signage ordinance to be applicable to the "Commercial Core" of the Development, as described on the Regulating Plan, and such signage requirements for the "Commercial Core" of the Development are outside the scope of this Agreement. The Developer has no obligation to provide any other signage for the Development that may be requested by the City, but the Developer may elect to do so, at the cost and expense of the City. All street signs and traffic signs in the Development shall be installed at the cost and expense of the Developer, but shall be maintained by the City. All such signage shall be designed and installed in conformance with published and adopted requirements of the City and the requirements of the Declaration. Any replacement signs shall be installed at the sole cost and expense of the City, and the City shall use Comprehensive Development Agreement - Page 10 2156.64 reasonable efforts to cause any such replacement signs to match existing signage in size, graphics and colors. (b) Landscaoin2. All landscaping in Public Use Improvements developed by the Developer shall be installed at the initial cost and expense of the Developer, and the Developer may, from time to time, at its election (and with no obligation to do so) and with notice to the City, upgrade or improve landscaping installed in the Park. Upon completion of such Public Use Improvements, the City Parks Department (or a contractor approved by the City Council of the City) shall assume all maintenance obligations with respect to all landscape materials in such Public Use Improvements. The Developer will consult with representatives of the Parks Department of the City on plant selections and landscape materials and shall reasonably consider requests or input of representative of the Parks Department of the City relative to plant selections or installation, but final decisions on such landscape materials, selections and installation thereof will be at the sole discretion of the Developer and the Town Architect; provided, however, if the Developer and the City strongly disagree on any landscape issue, upon written notice to the Developer, the City may require that such issue be referred to arbitration in accordance with Paragraph 23 hereof The Developer shall insure that the contractors that install such landscaping materials provide a one (1) year warranty on installed materials, but maintenance of such landscaping and materials by the City Parks Department shall commence upon installation thereof and acceptance of such Public Use Improvements by the City. The City shall have no obligation to maintain landscaped areas contained in any public rights-of-way other than rights-of-way contiguous to the Park. (a) Name Ri2hts. The Developer expressly reserves the right to designate in good faith the names of all streets and thoroughfares within the Development, and the City shall honor such name designations in the acceptance of all dedications of any such streets or thoroughfares; provided, however, the City may require a change in any names selected by the Developer if such names conflict with any existing names within the City or create similar safety concerns. (a) Temoorary Concrete Batch Plants. The Developer shall have the right, during the development of any Tract within the Development, to operate a temporary concrete batch plant within the Development for a period of up to ninety (90) days during the installation of streets or thoroughfares applicable to such Tract, with the location of any such batch plan to be subject to the reasonable approval of the City Planning Department. 1. Installation of Franchise Utilities. The Developer shall select and coordinate with the Franchise Utility Providers with regard to the design and installation of the various Franchise Utilities. If requested by the Developer, the City shall promptly and expeditiously review the designs, easements and placements of any Franchise Utilities in order to insure that same comply with all requirements of the City and properly coordinate with utility and easement locations, to the extent applicable. No Franchise Utility shall be turned over to the City and all maintenance of such Franchise Utilities shall be provided by the applicable Franchise Utility Provider. 2. 3. Installation of Lakes and Park. The Developer shall coordinate the preparation of all plans for the design and installation of the Lakes and the Park, and the timely issuance of all applicable permits for the Lakes that may be required by the Corps or any other applicable Comprehensive Development Agreement - Page 11 2156.64 governmental authorities. The City shall timely review and approve any proposed plans for the Park or the Lakes in order to meet scheduling requirements for the commencement of construction thereof The parties acknowledge that the Park and the Lakes shall be constructed at the sole cost and expense of the Developer; provided, however, that, subject to design approval by the Developer, which approval shall not be unreasonably withheld or delayed, the City shall install a trail system adjacent to the Lakes with (and to the extent of) the grant of $1,700,000.00 from the Texas Department of Transportation, subject to the terms of such grant and applicable law. Except as may otherwise be required pursuant to the terms of such grant, the City agrees that all proceeds from such grant utilized in the installation of the trail system adjacent to the Lakes, including related facilities and landscaping, shall be expended proportionately between the portions of such trail system located in the Development and portions of such trail system which are outside the Development. Upon completion of the Park and the Lakes, as described on Exhibit D attached hereto, and the filing of the applicable Final Plat which contains the Park or the Lakes, the City shall accept maintenance and operation thereof, and, except to the limited extent hereinafter provided with respect to landscape materials in the wetlands areas of the property described in Exhibit D, no owner of any portion of the Development shall have any further liability or obligation with respect to the installation or maintenance of the Lakes or the Park. The City shall not unreasonably withhold approval and acceptance of maintenance of each Lake. Upon verification by both the engineer of record for such project and an engineer acting on behalf of the City of the grades to within acceptable tolerance, the City will not require any modification or incidental siltation removal. The City shall maintain the Lakes and the trail system adjacent thereto in accordance with all easements applicable thereto and all governmental requirements. Notwithstanding the foregoing, for a period of three (3) years following the Substantial Completion of the Lakes, the Developer agrees to provide replacement plant materials for the wetlands areas of the Lakes in accordance with the requirements of the Corps and the Developer shall be responsible for completion of any reporting requirements related to such area and required by the Corps during such three (3) year period. 4. 5. Water Park Easements and Parkim! Riehts. The City shall consider a request from the Developer that the City grant to the Developer a pedestrian easement through the non-gated areas of the Water Park. It is understood and agreed that the City may grant, deny or condition such request in the City's sole discretion, and if granted, the form of any such pedestrian easement shall be satisfactory to the Developer and the City. The City shall also consider a request from the Developer to build parking areas to serve the Development in the area adjacent to the Water Park owned by Texas Utilities and on which the City has been granted parking rights for the Water Park. If parking rights are granted by the City in and to such area, any such parking facilities shall be subject to joint use agreements that the City may grant, deny or condition in the City's sole discretion. 6. 7. PID. If allowed by applicable law, the parties may form the PID subsequent to the execution of this Agreement. The terms of formation of the PID, and the improvements to be undertaken by such PID, shall be acceptable to the Developer and the City. The PID shall assume management and supervisory control of the Parking Areas and other Public Use Improvements of the Development that are included as authorized improvements for the PID. At such time as Tracts are developed that include any of the Parking Areas for the Development or other Public Use Improvements to be owned, operated or maintained by the PID, as designated on the Regulating Plan, the Developer shall cause such applicable areas to be dedicated or conveyed to Comprehensive Development Agreement - Page 12 2156.64 the PID. The primary function of the PID shall be the construction, operation and maintenance of the Public Use Improvements or facilities under its jurisdiction, including the Parking Areas and the rights to set and monitor parking policy and requirements for the Development. The responsibilities of the PID shall include, but not necessarily be limited to, the following: 8. (a) Establishment of policy guidelines for all shared parking requirements for the Development; (b) Establishing staffing requirements for all Parking Areas operated or maintained by the PID; (c) Review of development plans for proposed Improvements to be constructed within the Development, or changes in existing developments, to verify parking requirements and capacities for such proposed or change developments, and to confirm approval of such plans if same meet shared parking requirements established by the PID; (d) Entering into shared parking agreements with adjacent property owners to serve the Development; (e) Maintaining an updated plan of all available parking (on-site and off-site) available in the Development; (f) Maintaining all Parking Areas, and conduct periodic inspections of all Parking Areas to determine needs for continuing repairs or maintenance of Parking Areas; (g) Maintaining on-going records of special events scheduled in the "Commercial Core" of the Development, and develop and implement parking allocations and management policies for special events parking requirements; (h) Managing, supervising and financing the construction of all Improvements on all Parking Areas, including all surface lots and all above-ground and below-ground parking structures; (i) Developing and implementing policies for regulating and enforcing parking requirements and violations thereof; and (j) Coordinating usage of available Parking Areas in the Development with parking availability in adjacent properties owned by the City or any other public entity. 1. Plannin2: and Desi2:n of City Recreation Center and City Librarv. The City shall initiate the process of programming, planning and designing the City Recreation Center and the City Library at such time as all of the following conditions have been met: (a) the Incremental Taxable Value for TIF #2 shall not be less than $23,000,000.00; (b) the Tracts on which the City Recreation Center and the City Library are to be constructed shall be guaranteed by the Developer to be available to the City on the terms set forth herein; (c) property tax rates of all Comprehensive Development Agreement - Page 13 2156.64 entities participating in TIF #2 must be equal to or greater than the rates in effect when such district was established, or those entities must have methods in place to assure revenues due to TIF #2 from their entity in not less than the amount they would be had the original tax rate been in effect; (d) interest rates on bonds issued by TIF #2 for design and planning of such facilities must be within a cost range that can reasonably be expected to be paid by TIF #2; and (e) inflationary and other project cost increases for such facilities must not be beyond the reasonable ability of TIF # 2 to finance. At such time as all such conditions have been met, the City shall initiate the process of planning for such facilities and upon completion of necessary designs, plans and specifications for such facilities, shall submit such designs, plans and specifications to the DRB for approval. The DRB shall not unreasonably withhold or delay its consent to such designs, plans and specifications submitted by the City, and the Developer acknowledges that neither it nor the DRB shall have the right or authority to regulate the use of such facility, and all approvals of the designs, plans and specifications shall be based upon external designs and conformity with the Design Code. All designs, plans and specifications for the City Recreation Center and the City·. Library shall be in conformance with the requirements of the Declaration and the Design Code and subject to receipt all required approvals of the DRB and the Town Architect prior to commencement of construction thereof 2. 3. 11. Construction of City Recreation Center and City Librarv. The City shall initiate the process of financing, bidding and construction of the City Recreation Center and the City Library at such time as all of the following conditions have been met: (a) the Incremental Taxable Value for TIF #2 shall be not less than $250,000,000.00; (b) property tax rates for all TIF #2 participating entities must be equal to or greater than the rates in effect when TIF #2 was established, or those entities must have methods in place to assure revenues due to TIF #2 from their entity are not less than the amount they would have been had the original tax rate been in effect; (c) interest rates on bonds issued for such facilities must be within a cost range that can reasonably be expected to be paid by TIF #2;and (d) inflationary and other project cost increases must not be beyond the ability of TIF #2 to finance. At such time as all such conditions have been met and the City and the DRB have agreed upon the designs, plans and specifications for the City Recreation Center and the construction schedule in respect of the City Recreation Center, the Developer shall cause a Tract which will be the proposed site for the City Recreation Center, as generally described on Exhibit E attached hereto and made a part hereof by reference for all purposes, to be conveyed to the City, including parking easements as may be required for such facility, without cost to the City. The parties acknowledge, however, that as the planning for the City Recreation Center and the adjacent Infrastructure Improvements progress, the legal description of such Tract may be modified with the approval of the Developer and the City (which approval shall not be unreasonably withheld by either party). The City shall cooperate with the Developer in preparation and finalizing any Final Plat for such Tract. Promptly following approval by the City and the DRB of the designs, plans and specifications and the construction schedule for the City Recreation Center and the receipt of all other approvals necessary for the construction of the City Recreation Center, the City shall install a sign on such Tract announcing the future location of the City Recreation Center on such Tract, with the size, design and location of such sign to be subject to the reasonable approval of the Developer, and, if required, the DRB. After commencement of construction of the City Recreation Center the City shall diligently pursue such construction to completion. The parties acknowledge that the instrument(s) conveying the Tract for the City Recreation Center to the City shall contain a right of reverter to the effect that, if the City does not commence construction of the City Recreation Comprehensive Development Agreement - Page 14 2156.64 Center as soon as practicable after the conditions set forth herein have been met, ownership of such Tract shall revert to the party from whom such conveyance was made. The City shall also construct, at its sole cost and expense, all surface parking required by the PID on the Tract containing the parking easements for such facility as designated by the PID, in order to serve the parking requirements for the City Recreation Center. At such time as the City and the DRB have agreed upon the designs, plans and specifications for the City Library and the construction schedule in respect of the City Library, the Developer shall sell to the City a Tract which will be the proposed site for the City Library, as generally described on Exhibit F attached hereto and made a part hereof by reference for all purposes. The parties acknowledge, however, that as the planning for the City Library and the adjacent Infrastructure Improvements progress, the legal description of such Tract may be modified with the mutual agreement of the Developer and the City (which approval shall not be unreasonably withheld by either party). The City shall cooperate with the Developer in preparation and finalizing any Final Plat for such Tract. The City shall purchase such Tract from the Developer at a price of $9.84 per square foot for 53,000 square feet of building pad contained in the applicable Tract. Concurrently with the purchase of the Tract by the City, the Developer will grant title to the pad site to the City, and at no additional cost to the City, an easement upon property adjacent to such Tract, at a location approved by the PID sufficient to accommodate parking for up to 165 cars. Promptly following approval by the City and the Developer of the plans and specifications and the construction schedule for the City Library and the receipt of all other approvals necessary for the construction of the City Library, the City shall install a sign on such Tract announcing the future location of the City Library on such Tract, with the size, design and location of such sign to be subject to the reasonable approval of the Developer. After commencement of construction of the City Library, the City shall diligently pursue such construction to completion. The City shall also construct, at its sole cost and expense, all surface parking required by the PID within the aforementioned parking easement, up to a maximum of 165 parking spaces, in areas designated by the PID, in order to serve the parking requirements for the City Library. 4. 5. 12. City Hall. The parties contemplate that the City may elect to construct and locate a new City Hall within the Development. Although there are no specific requirements for the construction and location of a new City Hall within the Development, the parties acknowledge that they shall each exercise good faith in any discussions concerning the location of a City Hall within the Development, subject to agreements on appropriate location for such facility and cost of the Tract on which same would be located. 6. 7. 13. Commercial Operation and Maintenance Committee. The City shall participate with the Developer and the Association in the creation of the COMC to administer and regulate the affairs of the owners of property within the "Central Core" described on the Regulating Plan. Such body shall consist of six (6) members, two (2) of whom shall be appointed or designated by the Developer, two (2) of whom shall be appointed or designated by the Association, and two (2) of whom shall be designated or appointed by the City. Such COMC shall establish its own rules and procedures for governance of its affairs and the regulating of uses of the "Central Core" of the Development, and shall be subject in all respects to the terms and conditions of the Declaration. Without limitation, the COMC shall be responsible for the following matters: 8. Comprehensive Development Agreement - Page 15 2156.64 (a) the establishment of guidelines, regulation and supervIsIon for parades, street festivals and special events in such district; (a) the establishment of guidelines, regulation and supervision for sidewalk sales, sidewalk cafes, retail carts or street vendors, and any other proposed or anticipated uses of sidewalks or common areas in such district; (a) the establishment of guidelines, regulation and supervIsIOn of any "farmers' market" located in such district; (a) the establishment of guidelines, regulation and supervIsIon of thematic programming of streets and decorations in such district; and (a) such other areas of supervision and regulation as it may determine for the common benefit of owners and users of property in such district. 14. Reimbursement of Elh!Îble Expenses. The parties agree that the Developer will be reimbursed for Eligible Expenses (but not in excess of the Total Developer Reimbursement Amount) in installments, in accordance with the procedure set forth in this Paragraph 14. From time to time, and at such time as the City deems appropriate, the City will send the Developer a notice (a "Notice Re2ardin2 Draw ReQuest") to the effect that the Developer should submit a Draw Request to the City. Within ten (10) days after delivery of the Notice Regarding Draw Request, the Developer shall submit to the City a completed Draw Request for Eligible Expenses that have been incurred by the Developer and have not been previously reimbursed, together with evidence reasonably satisfactory to the City that the Developer has paid un-reimbursed Eligible Expenses in an amount equal to the amount requested in such Draw Request. It is specifically agreed that the City shall have sole and unfettered control as to when it sends a Notice Regarding Draw Request and that the Developer shall not have the right to submit a Draw Request to the City unless the City has previously sent a Notice Regarding Draw Request with respect thereto. In connection with the submission of a Draw Request, the City may require that the Developer convey to the City, if the Developer has not already done so, all Public Use Improvements that have been completed at such time and are included in the Draw Request as Eligible Expenses, which Public Use Improvements shall be conveyed to the City free and clear of all claims and encumbrances. Further, the City shall have the right, in connection with each Draw Request, to inspect the Public Use Improvements constructed by the Developer and to require the Developer to correct any deficiencies in such Public Use Improvements. After the City has reviewed and approved a Draw Request and accompanying materials, the City shall place into escrow with a title company selected by the City an amount equal to the Eligible Expenses to be reimbursed to Developer. It is agreed that the transfer of escrow funds will occur at no cost to the Developer, and any costs associated with the transfer of escrow funds will be borne by the City. The City and the Developer shall then deliver to the title company joint written instructions whereby the title company is authorized and instructed (i) to deliver the funds deposited into escrow by the City to the Developer, and (ii) to deliver the conveyance documents deposited into escrow by the Developer to the City. Comprehensive Development Agreement - Page 16 2156.64 .-~.__..,.._.._._---_._-_._--_..._~----~------..~-'-_.~---~- . 15. Inspection of Books and Records. The City reserves the right for the City's employees or other agents appointed by the City, to conduct examinations, with at least twenty- four (24) hours advance notice and during normal business hours, of the books and records maintained by the Developer in respect of the Public Use Improvements, no matter where such books and records are located. The City also reserves the right, upon reasonable notice to the Developer and during normal business hours, to perform any and all additional audit tests relating to the Developer's activities in respect of the Public Use Improvements. Should the City's employees or appointees discover errors in record keeping, the Developer shall correct such discrepancies either upon discovery or within a reasonable period of time. The Developer shall inform the City, in writing, of the action taken to correct such audit discrepancies. Any and all such audits conducted either by the City's employees or appointees will be at the sole expense of the City. 16. Capacity and Qualifications of Developer. The City and the Developer acknowledge and agree that this Agreement does not constitute the creation of a partnership, joint venture, or principal and agent relationship between them, but evidences merely a contractual relationship between the City and the Developer. The Developer represents to the City that (a) the Developer possesses the requisite skill and expertise to develop the Infrastructure Improvements in accordance with this Agreement, and (b) the Developer has all requisite licenses required by law to carry out its duties hereunder. The Developer shall perform its duties hereunder in a good and workmanlike manner and in accordance with the prevailing standards of professional care applicable to its industry. The Developer shall fully comply with all applicable laws and regulations having to do with worker's compensation, social security, unemployment insurance, hours of labor, wages, working conditions, and other employer-employee related subjects. 17. Record Documents. Upon completion of any phase of the Public Use Improvements, the Developer shall cause to be provided to the City at least two blue line copies and one electronic media copy (Auto Cad, Release 14) of the record documents for any such site developments. 18. Indemnitv. The Developer agrees to defend, indemnify and hold the City, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought that may arise out of or be occasioned by the Developer's intentional or negligent breach of any of the terms or provisions of this Agreement, or by any other negligent act or omission of the Developer, its officers, agents, associates, employees, contractors or consultants, in the performance of this Agreement; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of the City, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both the Developer and the City, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Comprehensive Development Agreement - Page 17 2156.64 "- .._.._......_...-..._,_.._._._--,----~----_.".__..~"....~~_..~'"~.__..~,-".~,-~~.~ 19. Applicability of City Ordinances. Except as may be otherwise specifically provided herein or in any other agreements between the parties, the Developer acknowledges that the Development shall be subject to all ordinances of the City in effect from time to time. 20. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Tarrant County, Texas. 21. Remedies. Subject to the provisions of Paragraph 22 below, in the event that any party hereto fails to comply with the terms and conditions of this Agreement, the other party hereto shall have the right to enforce the terms of this Agreement by specific performance, or by any other remedies available to such party at law or in equity, with the understanding, however, that nothing contained herein shall authorize the Developer to obtain a judgement lien on any property owned by the City. 22. Arbitration. (a) In the event of a dispute arising out of or relating to this Agreement, then, upon notice by any party to the other party (an "Arbitration Notice") and to American Arbitration Association ("AAA"), 13455 Noel Road, 1750 Two Galleria Tower, Dallas, Texas 75240, the controversy or dispute shall be submitted to a sole arbitrator who is independent and impartial, for binding arbitration in North Richland Hills, Texas, in accordance with AAA's Commercial Arbitration Rules (the "Rules") as modified or supplemented hereby. The parties agree that they will faithfully observe this agreement and the Rules and that they will abide by and perform any award rendered by the arbitrator. The arbitration shall be governed by the Federal Arbitration Act, 9 U.s.e. Section 1-16 (or by the same principles enunciated by such Act in the event it may not be technically applicable). The award or judgment of the arbitrator shall be final and binding on all parties and judgment upon the award or judgment of the arbitrator may be entered and enforced by any court having jurisdiction (including, without limitation, the courts of the State of Texas sitting in Tarrant County, Texas and the federal courts of the United States of America sitting in the State of Texas). The parties agree to submit to the jurisdiction of any such court for purposes of the enforcement of any such award or judgment. If any party becomes the subject of a bankruptcy, receivership or other similar proceeding under the laws of the United States of America or any state or commonwealth thereof, then, to the extent permitted or not prohibited by applicable law, any factual or substantive legal issues arising in or during the pendency of any such proceeding shall be subject to all of the foregoing mandatory arbitration provisions and shall be resolved in accordance therewith. The agreements contained herein have been given for valuable consideration, are coupled with an interest and are not intended to be executory contracts. The fees and expenses of the arbitrator will be shared equitably (as determined by the arbitrator) by all parties engaged in the dispute or controversy. (b) Promptly after the Arbitration Notice is given, AAA will select five (5) possible arbitrators, to whom AAA will give the identities of the parties and the general nature of the controversy. If any of those arbitrators disqualifies himself or declines to serve, AAA shall continue to designate potential arbitrators until the parties have five to Comprehensive Development Agreement - Page 18 2156.64 _._.....~._--"-----~._-~-'_._... select from. After the panel of five potential arbitrators has been completed, a two-page summary of the background of each of the potential arbitrators will be given to each of the parties, and the parties will have a period of ten (10) days after receiving the summaries in which to attempt to agree upon the arbitrator to conduct the arbitration. If the parties are unable to agree upon an arbitrator, then one of the parties shall notify AAA and the other party, and AAA will notify each party that it has five (5) days from the AAA notice to strike two names from the list and advise AAA of the two names stricken. After expiration of the strike period, if all but one candidate has been stricken, the remaining one will be the arbitrator, but, if two or more have not been stricken, then AAA shall select the arbitrator from one of those not stricken. The decision of AAA with respect to the selection of the arbitrator will be final and binding in such case. (c) No litigation or other proceeding may ever be instituted at any time in any court or before any administrative agency or body for the purpose of adjudicating, interpreting or enforcing any of the rights or obligations of the parties hereto or any rights or obligations relating to the subject matter hereof, whether or not covered by the express terms of this Agreement, or for the purpose of adjudicating a breach or determination of the validity of this Agreement, or for the purpose of appealing any decision of an arbitrator, except a proceeding instituted in any court having jurisdiction (including, without limitation, the courts of the State of Texas sitting in Tarrant County, Texas and the federal courts of the United States of America sitting in the State of Texas, to which the parties agree to submit to the jurisdiction of) (i) for the purpose of having the award or judgment of an arbitrator entered and enforced or (ii) to seek an injunction or restraining order (but not damages in connection therewith) in circumstances where such relief is available. No punitive, exemplary or consequential damages may ever be awarded by the arbitrator or anyone else, and each of the parties hereby waives any and all rights to make, claim or recover any such damages. (d) Within ten (10) days after the selection of the arbitrator, the parties and their counsel will appear before the arbitrator at a place and time designated by the arbitrator for the purpose of each party making a one hour or less presentation and summary of the case. Thereafter, the arbitrator will set dates and times for additional hearings in accordance with the Rules until the proceeding is concluded. Unless the parties shall otherwise agree in writing, all arbitration proceedings shall be held in North Richland Hills, Texas. The desire and goal of the parties is, and the arbitrator will be advised that his goal should be, to conduct and conclude the arbitration proceeding as expeditiously as possible. If any party or his counsel fails to appear at any hearing, the arbitrator shall be entitled to reach a decision based on the evidence which has been presented to him by the parties who did appear. Any award or judgment pursuant to such arbitration shall be included in a written decision signed by the arbitrator which shall state the reason upon which the award was based, including all the elements involved in the calculation of any award of damages. (e) Neither party hereto shall institute an arbitration proceeding hereunder unless, at least sixty (60) days prior thereto, such party shall have furnished to the other party written notice of its intent to do so and of the basis therefor in detail. Notwithstanding any provision of this Agreement, either party may have the right, at any time after commencement of any arbitration proceeding hereunder, and prior to the Comprehensive Development Agreement - Page 19 2156.64 ____"_____________~__"_"__~_ __.________"_"..______ _.._____^~._______M~____·_·,,_..__~_·~~'_·__ rendering of any award, order or judgment thereunder, to apply to the arbitrator or to any court of competent jurisdiction for injunctive or preliminary relief. No application for injunctive or preliminary relief shall be construed to infringe this arbitration agreement or affect the powers of the arbitrator. (t) The arbitrator shall interpret this Agreement in accordance with the laws of the State of Texas. The procedural laws of the State of Texas shall be applied with respect to matters not covered by the Rules. 23. Entire A2reement. This Agreement contains the entire agreement between the parties covering the subject matter set forth herein. No modifications or amendments of this Agreement shall be valid unless in writing and signed by the parties against whom such enforcement is sought. 24. Assi2nment bv Developer. The Developer may not assign its rights or delegate its duties under this Agreement without the prior written consent of the City, which consent shall not be unreasonably withheld, and no consent shall be required to an assignment to any affiliate of the Developer. 25. Successors and Assi2ns. If required, the City shall adopt an ordinance approving this Agreement and authorizing the execution of this Agreement by the Mayor or other appropriate representative of the City. Upon full execution of this Agreement by all parties hereto, this Agreement shall become a binding obligation of the parties and this Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto, and their respective successors and permitted assigns. 26. Memorandum of A2reement. The parties shall not record this Agreement, but shall execute, acknowledge and record a memorandum of this Agreement in the Real Property Records of Tarrant County, Texas, in order to place third parties on notice of the existence of this Agreement with respect to the Development. 27. No Third Party Beneficiaries. The provisions of this Agreement are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 28. Notices. All notices given hereunder shall be made in writing and given to the addressee at the address specified on the signature pages hereof Notices may be given by certified mail, return receipt requested, by hand delivery, or by facsimile transfer and shall be effective upon receipt at the address of the addressee. 29. Exhibits. The following exhibits are attached to this Agreement and incorporated herein by reference for all purposes: Exhibit A Legal Description of Development Exhibit B Regulating Plan Exhibit C Description of City Sewer Line Exhibit D Description of Lakes and Park Comprehensive Development Agreement - Page 20 2156.64 Exhibit E Exhibit F Exhibit G Exhibit H Description of City Recreation Center Tract Description of City Library Tract Form of Draw Request Financing Plan Comprehensive Development Agreement - Page 21 2156.64 -"-_.~----,----~-"_.- . "--_._"_.~..._"--_._"--_. , 2000. EXECUTED by the parties hereto as of the _ day of Address for Notices: Address for Notices: Comprehensive Development Agreement - Page 22 CITY: CITY OF NORTH RICHLAND HILLS, TEXAS By:_ Title: DEVELOPER: ARCADIA HOLDINGS, INe. By:_ Title: 2156.64 Exhibit G FORM OF DRAW REQUEST [Date] City of North Richland Hills Re: Draw Request for Developer Reimbursement Amount pursuant to North Richland Hills Town Center Comprehensive Development Agreement dated _, 2000 (the "Agreement"), executed by and between The City of North Richland Hills, Texas (the "City") and Arcadia Holdings, Inc. (the "Developer") Dear Developer hereby requests reimbursement of certain Eligible Expenses in the amount of $ pursuant to the captioned Agreement All capitalized terms used in this letter which are not defined herein shall have the meanings set forth in the Agreement Pursuant to the Agreement, Developer is sending to the City with this letter copies of invoices, canceled checks and similar evidence that Developer has paid the Eligible Expenses for which reimbursement is being requested. Developer acknowledges that the City, in addition to any rights it may have under the Agreement, shall have the right to review the enclosed materials and to inspect the applicable work prior to making a determination as to whether payment of the Eligible Expenses requested herein should be made to Developer. Developer represents to the City as follows: (a) Developer has previously been reimbursed the amount of $ in Eligible Expenses; (b) none of the Eligible Expenses for which reimbursement is requested in this letter have been previously reimbursed to Developer; (c) all expenses for labor and materials which are the subject of this request have been paid in full; (d) there are no liens or security interests outstanding against the work for which reimbursement is being requested hereby; ( e) the work for which reimbursement is being requested hereby has been performed in a good and workmanlike manner and in accordance with the plans and specifications therefor and all applicable restrictive covenants, governmental laws, ordinances, rules and regulations; (f) Developer is not in default under the Agreement; (g) all Public Use Improvements completed as of the date hereof have been conveyed to the City free and clear of any liens or encumbrances; and (h) the amounts requested hereby have not previously been paid by the City to Developer. Comprehensive Development Agreement - Page 23 2156.64 Developer acknowledges and agrees that the City shall have the right to require any and all documents and information which it may require under the Agreement as a condition to payment of the Eligible Expenses requested herein. Please contact the undersigned should you have any questions concerning this request. Sincerely, a By: Name: Title: Comprehensive Development Agreement - Page 24 2156.64 09/29/99 WED 10:29 FAX 214 638 0447 C & B DALLAS +-H ARCADIA 141003 ~ «=:5 J ~ ~ & [ ~ A1 ~ ~ """ ð u ~ P-4 "'~ _~ t (1) ~ =~ j u c> ~ ~¡! ~ £:: . ~ ~! o c> f--1~ CJ') S ~ ~ II'I~ ~ ~ ~ I,.. .~ J , I' ~ A "ij " I' - .---/ '"d --~ 0 f ro ~ () . .-1 ~ ÇQ ..q ~ ~~ ~ ~ ~ Z @ I l F I ~I , , , ! m j' , r,' ~ I~",., df;J II ~ 10<:) rT I ~ \ \ \ \ I \ \·---1 "- ~~ 1 H <1.) ~ .. ~ w~ .. Ct') .... ~ <1.) 'U 8 U ;>-< .t:) ~ E U ~ ~E-<& ~ ~ ~ OCt') ~ v:; ~ .~ ~ ""d ~ 0j ~ ~ () '- ~ u ..q ~ ~ H ~ 0 Z ~ 09/29/99 "ED 10:30 FAX 214 638 U447 C & B DALLAS -H-> ARCADIA (B I I L ~:~" J, ~...,,_....Jha I ! if' .............,,1, I II I ~fl~ : : ~\ . ,\ , I ,'\ 0 ....... ~, , :,': Y'>'~\ 0,1... - , , . '~ 'ð,\ #'0/ ' JJu) " ~ ~, \ . ¡ " "-0;::-..':·-1-..,...... "" " , ':_~-f;;;-~----~:Iii~~.....-....-iliiflii---~~c.:: ~.:>t_.:!<' \ ~ ,II - ---//j/ : I} · " , J~ iL .r"-"-' 1 ~R I ....1.......-.. ..,' "5 : , , ,: ,~: LI' ~I t ï I )1 1~f' jill: )p J ,¡" / l L...._...,~ ~l.:.::::~~:.! ~, ~....~ ! ~ ........... i ........ I ........~····..··...···...,L ! ¡ ¡ ¡ ¡ ¡ ¡ ....."...".......-...........j !4J 004 ...... ~ Q) S 0. 0 Q) :> ¡: <l) Q :.... <l) ;3:: >-.. ¡g <l) CI)...... 18 ~ 0 0 ..... Q) I'" q c o .- 1° '.¡:j .....:¡ ,(' ;:3 .... la ..D--;:1 .~ :::: .... -' u ~~ c 0 c UCI) -c ......CI) l[ c-:'O c .S- Q) J:. 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'(I c ( "[ " C .! ) ~ to , ( , ~ c r- r- I~ ~ SCOPE OF ~ORK TO BE PROVIDED BY THE PRIVATE SECTOR FOR THE PARK AND LAKE~ SMALL TREES 'WETLAND PLANTS TURF NOTES LARGE TREES _ ílALD CYPRESS BUR OAK CEDAR ELM CHINESE PISTACH CHINKAPIN OAK EASTERN RED CEDAR ELDARICA PINE LACEBARK ELM TEXAS ASH VESTERN SOAP BERRY DESERT VILLOV EVE'S NECKLACE FLAME LEAF SUMAC MEXICAN BUCKEYE MEXICAN PLUM POSSUM HAV HOLLY REDBUD RUSTY BLACKHAV VASHINGTON HAVTHORNE VAX MYRTLE BUSHY BLUEST EM CARMENS RUSH HORSE TAIL REED IRIS LIZARD TAIL PICKERAL RUSH SVITCH GRASS BERMUDA IRRIGATION VIA LAKE PUMP SYSTEM V/TUCOR LAKE LEVEL REPLENISHMENT VELL (LOCATION UUI! II]~ ~~ r--- CENTER , A ~ / NOTE: CITY OF NORTH RICH LAND HILLS GRANTS THE PRIVATE DEVELOPER EASMEN' FOR CONSTRUCTION OF INFRASTRUCTURE AFTER DEDICATION NORTH RICHLAND HILLS T LINEAR P ARK MASTER PLA . 638 0447 - FAX 214 - '-WED 10:31 --~;/29/99 .. \ \ , .' , ,..'..tj ¡.., ¡'(j ~ ~ <L> .5 ~ 'ï:j q N <n <L> --'4 (\$ t-~ '. , /"'" ./)"" ,:/ /\-., ""'\~\ ' , \ ' , \ ' " ._~ ' - \ \ \, ,..'-' \ \ \..... , " '. '. , , \ , , , , , \ , , '. , , , , '. , , '. , , - \.' .. ..,~ '. -,"'. ~:'~\ ' \ , \ \>'~\, '; \:~\ -,,\\~ ~~'.\ \ , , \ , , ' , , \ \ \ ' ) \ \ \r , '. \ ....~ \ .' ~ '. \ , , , , , , , " ", .' " I I I , , , , I , I , .I C LB -DALLAS ARCADIA ->+-. -~ 1 < ~ j u ~ , , , I I , , , ~ ,., ",,' \ .." '\ , '. '. "'........ ", ", . , V //'\/ (\' ....' \ /(" \. /' '\ ,,' \ \\(/ /\ \ '. \,;~\, '. 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'''-''_ ~I'h:-_~ ....«Q~:-r..- Attachment "8" North Richland Hills Town Center Developer Agreement City Developer Responsible Responsible · Assessing inspection fees for · Pay all impact fees, development / infrastructure based on 1999 fee inspection fees on all infrastructure structure and building permit fees at time of req uest · City will pay 50% (not to exceed $60,000) for any traffic signal · Install irrigation of all landscaped adjacent to the development areas within parks, medians and landscaped areas · City shall install and maintain furnishings in the Commercial Core, · Shall pay for independent testing for such as; benches, trash receptacles, infrastructure quality planters and street trees · Maintain wetland areas (planting and · City will maintain all aspects of lake reporting only) as part of Corp and park area requirement for the lake areas. (3 yr. commitment) · City will contribute in excess of $1 million (through TxDOT grant) for 2 · Own and build all parking areas in sided 10' trail around lake and development bicycle transit station · Providing land and constructing a · Consider granting a pedestrian 25+-acre lake area with park and easement through NRH20 and associated landscaping explore shared parking w/TU Easement · Providing 4 acre prime site for recreation center and land for · City/Public Imp. District will maintain parking parking areas through tenant assessments and rules/regulations · City to have participation on as controlled by the City and PID downtown activities through committee, Also, developer and · Construct 50 - 60,000 sq, ft. Library association to have participation · Construct 75 - 100,000 sq. ft. Recreation Center and associated parking. · City to purchase pad site for Library and construct associated parking · City will maintain commercial core area, such as sidewalks, and all other furnishings · Responsible for financial obligations of the TIF Present: Absent: MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820 - NOVEMBER 13, 2000 - 6:10 P.M. Charles Scoma Russell Mitchell Frank Metts, Jr. JoAnn Johnson Don Phifer Joe D. Tolbert T. Oscar Trevino, Jr. Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Rex McEntire Greg Dickens John Pitstick Jenny Kratz Paulette Hartman Jim Browne Bill Thornton Mike Curtis Ross Canton Terry Kinzie Thomas Powell Larry Koonce Donna Enos Mike Duncan Mayor Councilman Councilman Councilwoman Councilman Councilman Councilman City Manager Deputy City Manager Assistant City Manager Managing Director of Community Services City Secretary Assistant City Secretary Attorney Public Works Director Planning Director Public Information Director Assistant to City Manager Director, Parks & Recreation Assistant Director, Parks & Recreation Assistant Director, Public Works Administrative Assistant Information Services Director Support Services Director Finance Director Purchasing Agent Assistant Fire Chief Lyle E. Welch Mayor Pro T em ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the Pre-Council meeting to order at 6:10 pm r 'CUSS ITEMS Councilman Trevino pointed out an error in the F-r..OM REGULAR October 23, 2000 City Council minutes. The NOVEMBER 13, recipient of the Red Ribbon Proclamation was 2000 CITY COUNCIL presented to Ms. Brenda Allen. Councilman Trevino MEETING raised Questions reqardinq the Iron Horse Golf Pre-Council Minutes November 13, 2000 Page 2 - .- ITEM DISCUSSION ASSIGNMENT Course agreement. He asked staff to explain the payments of excess cash. Mr. Cunningham advised Councilman Trevino the $35,000 is EAGL's working NAN capital. Councilman Trevino clarified the contingent management fee. Councilwoman Johnson would like to see staff send JK/JP citizens notice of the revision to the high grass and weeds ordinance. Mr. Cunningham advised Council staff would include the new revision in the City's newsletter. Mayor Scoma had a couple of concerns with the EAGL contract. Item 9c, on page 9 - closing. If contract is terminated he would like to see the city still operate and the assets be transferred as soon as possible. He suggested staff replace "reasonable time" with a maximum of 30 days. Mr. Cunningham advised Council staff could put the 30 days in the contract and/or otherwise agreed by upon management. Mayor Scoma also suggested Westbrook, EAGL's partner, be identified on the Indemnification in the contract. Council discussed EAGL's partner being identified under the Indemnification. It was Council's consensus to have the City Attorney determine what is in the best interest of the city. Mr. McEntire advised Council he wrote verbiage for the Public Nuisance Ordinance to address people REX I JP distributing literature in neighborhoods. "In addition to the person distributing the printed material the owner of the material and any persons who aids or abets in the distribution shall be deemed guilty of a violation of this ordinance." Mayor Scoma discussed Item No. 11 - Appointments to the Health Facilities Development Corporation. NAN He advised Council Mr. Clint Blackman and Mr. .- David Myers did not wish to be re-appointed to the board of directors. Mayor Scoma recommended Ms. Rita Oujesky and Dr. David Brewer to the board of directors. Pre-Council Minutes November 13, 2000 Page 3 ITEM DISCUSSION ASSIGNMENT Mr. Greg Vick advised Council of possible dates to IR 2000-144 meet with State Legislators. The following are SELECT MEETING possible dates: Wednesday, November 29, TIMES FOR Thursday, November 30 - breakfast or lunch option PRESENTATION OF only, as the Boards and Commission Dinner is PROGRAM TO scheduled in the evening, Tuesday, December 12 or STATE December 14. LEGISLATORS AND DISCUSS Mr. Cunningham advised Council staff intended to LEGISLATIVE invite Bill Carter, Todd Smith, Vicki Truitt and Chris PRIORITIES Harris. Council suggested Mike Moncrief, Jane Nelson, the three senators and representatives. The Council advised staff to move forward with Tuesday, December 12 and Thursday, December 14 as possible meeting dates. Mr. Vick advised Council that the meeting dates GV would revolve around the State Legislators schedules. IR 2000-143 Mayor Scoma asked Councilman Trevino if he would NAN BIG FOSSIL CREEK serve as the city's representative and Councilman WATERSHED Tolbert as the alternate. POll CY COMMITTEE; COUNCIL APPOINTMENTS VIDEO OF PARK & Due to the time constraints, Mayor Scoma GV RECREATION suggested that Council view the video of the Park & SYSTEM - Recreation System at the November 27 City Council NATIONAL GOLD Meeting. MEDAL AWARD COMPETITION ADJOURNMENT Mayor Scoma announced at 6:50 pm that the meetinq was adjourned. i- ATTEST: Patricia Hutson - City Secretary Pre-Council Minutes November 13, 2000 Page 4 Charles Scoma - Mayor MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - NOVEMBER 13, 2000 - 7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order November 13, 2000 at 7:01 p.m. ROLL CALL Present: Charles Scoma Russell Mitchell Frank Metts, Jr. JoAnn Johnson Don Phifer Joe D. Tolbert T. Oscar Trevino, Jr. Absent: Lyle E. Welch Staff: Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Rex McEntire Mayor Councilman Councilman Councilman Councilman Councilman Councilman Mayor Pro Tem City Manager Deputy City Manager Assistant City Manager Managing Director of Community Services City Secretary Assistant City Secretary Attorney 2. INVOCATION Ms. Tammy Lumpkins Leader of Brownie Troop 1160 gave the invocation. 3. PLEDGE OF ALLEGIANCE Brownie Troop 1160 presented colors of the flag and led in the pledge of allegiance. 4. SPECIAL PRESENTATIONS None. City Council Minutes November 13, 2000 Page 2 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT WORK SESSION AUGUST 21, 2000 B. MINUTES OF THE PRE-COUNCIL MEETING OCTOBER 23, 2000 C. MINUTES OF THE COUNCIL MEETING OCTOBER 23,2000 D. APPROVE 2000/2001 CITY STREET OVERLAY PROGRAM E. CONSIDER REVISION OF HIGH GRASS AND WEEDS ORDINANCE TO REFLECT CHANGES IN STATE STATUTE REGARDING NOTIFICATION AND ABATEMENT OF HIGH GRASS AND WEEDS - ORDINANCE NO. 2528 F. CONSIDER REVISION OF BUILDING PERMIT FEES TO REFLECT CHANGES IN CORRECTED BUILDING CODE TABLES - ORDINANCE NO. 2529 G. REFURBISHING OF FOUR 1996 TAHOES BY SHAHEEN CHEVROLET NOT EXCEEDING THE AMOUNT OF $56,000 H. AUTHORIZATION TO EXTEND ANNUAL CONTRACT WITH HJG TRUCKING FOR TOP SOIL, SAND AND FLEX BASE I. AWARD OF BID FOR NRH20 POOL REFINISHING TO CLASSIC TILE AND PLASTER IN THE AMOUNT OF $205,549 - RESOLUTION NO. 2000-084 Councilman Trevino moved to approve the consent agenda with the amendment to change Ms. Kim Allen to Ms. Brenda Allen in Special Presentations of the October 23, 2000 City Council Minutes. Councilman Mitchell seconded the motion. Motion to approve carried 6-0. City Council Minutes November 13, 2000 Page 3 7. PZ 2000-40 - 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 AND EXTERIOR MATERIALS OTHER THAN MASONRY. THIS PROPERTY IS LOCATED AT 7150 RUFE SNOW DRIVE - ORDINANCE NO. 2527 APPROVED Mr. Ron Yeary, SC Equities (Tom Thumb) and John Patterson of Moore and Associates were available to answer questions from Council. Mr. John Pitstick, Director of Development advised Council the site plan and landscape plans have been reviewed and meet the city zoning, landscaping, and sign regulations. The applicant has requested a specific variance from the 100% masonry requirement. The applicant is proposing stucco finish for the top 4 feet of the building. The final plat for this property has been submitted and is in review. One issue with the future plat is the drive approaches. The proposed shared drive entry on the north is acceptable; there is a question about additional future access for the property to the north. 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 reiterated Council's desire to require 100% masonry for new development. Councilman Trevino agrees with Councilman Mitchell that the City needs to do what they can to maintain the appearance, especially on Rufe Snow. He believes that Council needs to stand behind the masonry requirements. Councilman Phifer moved, seconded by Councilman Metts to approve PZ 2000-040, Ordinance No. 2527. Councilman Mitchell asked Councilman Phifer to amend his motion to limit the number of gas pumps from 14 to 8. Councilman Phifer denied the amendment. Motion to approve carried 4-3; with Councilmen Metts, Phifer, and Tolbert voting for approval, Councilmen Mitchell, Trevino and Councilwoman Johnson voting against approval. Mayor Scoma broke the tie voting for approval of PZ 2000-40, Ordinance No. 2527. City Council Minutes November 13, 2000 Page 4 8. GN 2000-125 - APPROVE "NO PARKING ANYTIME" ZONE ON THE NORTH AND SOUTH SIDE OF ICE HOUSE DRIVE - ORDINANCE NO. 2518 APPROVED Mr. Greg Dickens, Public Works Director, informed Council the Fire Department and 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 for 125 feet and the north side will start at the northeast curb return on Ice House Drive that intersects the designated fire lane and continue east for 50 feet. Vehicles that park along this section of Ice House Drive block enough of the roadway to cause the Fire Department problems in maneuvering their eqùipment around the Blue Line Ice Complex. Staff has informed representatives of Blue Line Ice of the city's plan to install "No Parking Signs". They do not have any objections to the "No Parking Zone". Councilman Metts moved, seconded by Councilwoman Johnson to approve GN 2000- 125, Ordinance No. 2518. Motion to approve carried 6-0. 9. GN 2000-126 - APPROVE "NO PARKING ANYTIME" ZONE FOR THE 3800-4000 BLOCK OF DAWN DRIVE - ORDINANCE NO. 2526 APPROVED Mr. Greg Dickens advised Council the Public Works Department is requesting the west side of Dawn Drive from Onyx Drive north to Glenview Drive be designated as "No Parking Anytime" zone. The Public Works and Police Department 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 while utilizing Linda Spurlock Park which creates one lane open for both north and south bound traffic. This creates traffic congestion and sight visibility problems for motorists traveling on this street. Council discussed parking options for citizens visiting Linda Spurlock Park. Mayor Scoma called on Assistant Fire Chief Mike Duncan to address the safety issue for the fire equipment apparatus traveling on Dawn Drive. Mr. Duncan advised Council that the Fire Department would encounter difficulties backing in and out of Dawn Drive. City Council Minutes November 13, 2000 Page 5 Councilwoman Johnson moved to approve GN 2000-126, Ordinance No. 2526 with the provision that staff bring Council a parking plan for Linda Spurlock Park within 45 days. Councilman Mitchell seconded the motion. Motion to approve carried 6-0. 10. GN 2000-127 - APPROVE LEASE AGREEMENT WITH METRICOM FOR BURSEY ROAD WATER TOWER - RESOLUTION NO. 2000-088 TABLED Councilman Trevino moved, seconded by Councilman Tolbert to table GN 2000-127, Resolution No. 2000-088. Motion to approve carried 6-0. 11. GN 2000-128 -APPOINTMENTS TO THE HEALTH FACILITIES DEVELOPMENT CORPORATION APPROVED Mayor Scoma advised Council the appointments to the Health Facilities Development Corporation expired November 01, 2000. Mr. Clint Blackman and Mr. David Myers advised staff they do not wish to be re-appointed to the board of directors. Mayor Scoma suggest to Council they appoint Ms. Rita Oujesky and Dr. David Brewer to the board of directors. Councilman Trevino moved to appoint Charles Brinkley, Robert Harrison, Don Ferguson, Bob Hamm, Rita Oujesky, Richard Work and Dr. David Brewer to the Board of Directors of the Health Facilities Development Corporation, terms expiring 11/1/2006. Councilman Metts seconded the motion. Motion to approve carried 6-0. 12. GN 2000-129 - APPROVING 2001 LEGISLATIVE PROGRAM AND SETTING DATE FOR PRESENTATION TO STATE LEGISLATORS APPROVED Mr. Greg Vick, Managing Director of Community Services, summarized GN 2000-129. He advised Council the proposed Legislative Program for the 2001 session of the State Legislature has been modified from previous discussions with Council. Staff has put City Council Minutes November 13, 2000 Page 6 each of the issues into one specific category based on the four guiding principles: Erosion of Local Control, Predictable and Sufficient Level of Revenue, State Mandates, and Quality of Life. Councilwoman Johnson moved, seconded by Councilman Mitchell to approve GN 2000-129. Motion to approve carried 6-0. 13. GN 2000-130 - IRON HORSE GOLF COURSE MANAGEMENT AGREEMENT RENEWAL - RESOLUTION NO. 2000-089 APPROVED Mr. Randy Shiflet, Deputy City Manager, advised Council renewal discussions were based on the following: (1) a minimum five year agreement with a five year renewal option, (2) continuation of a fixed management fee with the addition of a bonus/penalty system 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 term of the proposed agreement is five years beginning December 1, 2000 with an option to be extended an additional five years by mutual consent of the city and EAGL. 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 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. Mr. Shiflet recognized Council's concern with item 9c on page 9 of the contract. He spoke with representatives of EAGL and they are comfortable with specifying 30 days as a reasonable time period. EAGL representatives would prefer not to have a change on item 10 (indemnity), page 10 without consulting with their staff attorney. Mayor Scoma reiterated his previous concern mentioned in the Pre-Council meeting. He would like to include the principal as part of the indemnification protection. He will asked the City Attorney for his recommendation. Mr. Rex McEntire, City Attorney advised Council he is satisfied with the proposed contract. Councilman Trevino moved to approve GN 2000-130, Resolution No. 2000-089 the renewal contract with the 30 day time limit on page 9, item 9c under termination City Council Minutes November 13, 2000 Page 7 proceedings and the signatory of the agreement by Evergreen as shown in the signature block. Councilman Phifer seconded the amendment. Motion to approve carried 6-0. Mr. Shiflet introduced Gordon Wagoneer, Managing Director and Dean Kruger, Golf Pro to Council. 14. GN 2000-132 - CONSIDER REVISION OF PUBLIC NUISANCES ORDINANCE BY PROVIDING UPDATED DEFINITIONS, SPECIFIC PUBLIC. NUISANCES AND NOTICE OF VIOLATIONS AND ABATEMENT PROCEDURE - ORDINANCE NO. 2522 APPROVED Mr. John Pitstick advised Council staff and Council have discussed the modification of the Public Nuisance Ordinance. As a direction of Council, staff has prepared a revised Public Nuisance Ordinance. The following are the proposed 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 1 O-day notice. There is an addition to change 2 addressing enforcement. Mr. McEntire will address change. The Police, Code Enforcement or Health Officers can enforce public nuisances. Each violation is subject to a fine up to $200 per day. Mr. McEntire advised Council he added a paragraph in Section 3 Specific Nuisances, item Q on page 6 dealing with the scattering or distributing of advertisements. The following is to be included: In addition to the person distributing the printed material, the owner of the material and any person(s) who aids or abets in the distribution shall be deemed guilty of a violation of this ordinance. City Council Minutes November 13, 2000 Page 8 Councilman Tolbert moved to approve GN 2000-132, Ordinance No. 2522 with Mr. McEntire's suggested language and the stipulation staff provide Council within 90 day plans on the graffiti removal for the handicap, elderly, and residents who are continually hit with graffiti within 90 days. Councilwoman Johnson seconded the motion. Motion to approve carried 6-0. 15. PW 2000-035 - APPROVE INTERLOCAL AGREEMENT WITH CITY OF HURST CONCERNING SANITARY SEWER CROSS FLOWS IN THE WOODCREST ADDITION - RESOLUTION NO. 2000-085 APPROVED Mr. Greg Dickens advised Council staff recently 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. 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 will 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, Councilwoman Johnson moved, seconded by Councilman Metts to approve PW 2000- 035, Resolution No. 2000-085. Motion to approve carried 6-0. 16. A) CITIZENS PRESENTATION Mayor Scoma advised Council he received four requests to address the Council. Ms. Shelly Hattan, 6109 Estill Drive, Watauga, TX; Mr. John Hattan, 6109 Estill, Watauga, City Council Minutes November 13, 2000 Page 9 TX; David Penn, 425 S. Oak Street, Arlington, TX; and Mr. Randall Gorman, 7817 Hidden Oaks, North Richland Hills, TX. The citizens requesting to speak left the meeting prior to Citizens Presentation. B) INFORMATION AND REPORTS Mayor Scoma announced City Hall would be closed for the Thanksgiving Holiday on November 23-24,2000. Trash service will not be provided on Thursday, November 23. Trash service will resume with regular schedule on Friday, November 24, 2000. Children's Book Week begins in the Library from November 13-19, 2000. The next citizen involvement program will be held on Tuesday, November 14, at City Hall beginning at 5:30 pm. 17. ADJOURNMENT Mayor Scoma adjourned the meeting at 8:11 pm. Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary " CITY OF NORTH RICHLAND HILLS Department: Support Services Council Meeting Date: 11/27/00 Subject: Alternative Fuels Grant Extension - Resolution 2000-90 Agenda Number: GN 2000-133 In 1998 the North Central Texas Council of Governments and the Texas Department of Transportation (TXDOT) initiated a public sector Alternative Fuels Program. Under this program the City received $7,336 in grant funding to subsidize the cost of two 1999-year model propane pickup trucks. The balance of $2,984 was to be used to subsidize the cost of one 2000-year model propane pickup. The original contract with TXDOT expired on August 31,2000 prior to the City taking delivery of the third truck. Do to the late delivery of the propane truck, TXDOT has agreed to extend the original contract date so the balance of the funding can be utilized. To extend the contract the City must re-submit the "Agreement for Funding of Alternative Fuels Program" and Resolution 2000-90 stating that the City will" comply with the terms of the agreement. ',,-- Recommendation: To approve Resolution 2000-90 authorizing staff to submit the Alternative Fuels Program agreement to TXDOT in order to utilize $2,984 in grant funding. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 510-7032-712.74-10 Sufficient Funds Available Department Head Signature Finance Director udget Director Page 1 of _1_ RESOLUTION NO. 2000 - 90 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: 1. Upon receiving a signed work order from the Texas Department of Transportation, the City of North Richland Hills agrees to comply with the terms and conditions of the Alternative Fuels Agreement. 2. The City assures that one new alternative fueled vehicle will be purchased to operate on an alternative fuel. 3. The proposed project is for the advancement of the Alternative Fuels Program in Texas. Passed and approved this day of ,2000. APPROVED: Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY Jrney for City ~ ... CITY OF NORTH RICHLAND HILLS '~_ Department: Fire Department Council Meeting Date: Nov. 27. 2000 Subject: Approve Automatic Aid AQreements for Fire and EMS Agenda Number: GN 2000-138 Services with Collevville and Hurst: Resolution 2000-094 The City of North Richland Hills currently has automatic aid agreements for the provision of fire protection services in place for all of its contiguous neighbors except for the Cities of Colleyville and Hurst. The automatic aid agreement being recommended between the City of North Richland Hills and the Cities of Colleyville and Hurst will complete these agreements with all of oufcontiguous neighbors. In the interest of completing these automatic aid agreements and providing the quickest possible fire department services to all citizens along the joint boundaries of these Cities, the Fire Department recommends approval of the resolution authorizing the City Manager to execute this agreement. Recommendation: To pass Resolution 2000-094 ~'~:\~; , Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds Available Finance Director ~tb{~h~~ Department Head S nature .' udget Director Page 1 of -L- RESOLUTION NO. 2000-094 WHEREAS, the City Council finds that it is in the best interests of the City and it inhabitants that the City of North Richland Hills enter into the attached inter-local agreement with the cities of Colleyville and Hurst. NOW THEREFORE, 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 Agreement for Automatic Aid for Fire Protection and Emergency Medical Services with the City of Colleyville and the City of Hurst. PASSED AND APPROVED this 27 day of November, 2000. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, City Attorney APPROVED AS TO CONTENT: ~~\~, Andy Jones, Fire ief AGREEMENT FOR AUTOMATIC AID FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES THE STATE OF TEXAS COUNTY OF TARRANT THIS AGREEMENT is entered into this day of 2000, by and between the cities of North Richland Hills, Colleyville, and Hurst, Texas, all being municipal corporations chartered under the Constitution and laws of the State of Texas, each acting through its authorized representatives. WHEREAS, the cities of North Richland Hills, Colleyville and Hurst (referred to as "the cities") desire to enter into an agreement for the automatic provision of fire protective and emergency medical services; and WHEREAS, this Agreement is entered into pursuant Chapter 791, Texas Government Code; NOW THEREFORE, It is agreed as follows: I. MUTUAL ASSISTANCE a) Upon the request of the Fire Chief or his designee of one of the cities to the fire department of another of the cities to respond to a fire or medical emergency within the city limits of the requesting city, the requested city will respond with available fire department equipment and personnel in aid of the requesting city to any point within a reasonable distance of the city limits of the responding city. The Fire Chief of each city will designate the area outside the city's limits which is within a reasonable distance. b) c) If conditions exist within the responding city that prevent response outside its city limits, the Fire Chief or his designee shall immediately notify the fire department of the requesting city that no response can be made. II. PROCEDURES A dispatch of fire department equipment and personnel pursuant to agreement is subject to the following procedures: (1) A request for aid by street address shall specify the location by street address to which the equipment and personnel are to be dispatched. (2) The responding city shall respond to the specified location and initiate action to mitigate the emergency or provide backup coverage if requested. (3) A responding city shall be released by the requesting city when the services of the responding city are no longer required. III. COMMON CITY LIMIT LINES In areas where common city limit lines exist, accurate determination of jurisdiction may not be possible upon receipt of an alarm. In these cases, the city receiving the alarm will dispatch its fire department equipment and personnel and notify the other affected city or cities of the alarm. If the emergency is not within the city limits of the responding city, it is agreed that the services provided will be considered to have been provided pursuant to this Agreement. IV. CLAIMS Each city waives all claims against the other cities for compensation for any loss, damage, personal injury or death occurring as a consequence of the performance of this agreement. However, this waiver shall not apply in those cases in which a claim results from the failure of the requesting city to accept responsibility required by Section 791.006, Texas Government Code. V. COSTS A responding city shall not be reimbursed by the requesting city for costs incurred in responding to an emergency pursuant to this agreement. Personnel who perform duties pursuant to this agreement shall receive the same wage, salary, pension, injury or death benefits, worker's compensation benefits payment of expenses, and all other compensation and rights for the performance of those duties, as they would have received for their regular duties in the service of the city by which they are employed. Each city shall be solely responsible for the payment of its costs associated with providing fire department equipment and personnel under this agreement. VI. SUPERVISION The equipment and personnel of a responding city shall be under the control and supervision of employees of the responding city during a response pursuant to this agreement. VII. UAB I UTY In accordance with Section 791.006 of the Texas Government Code, the requesting city is responsible for any civil liability that arises from the furnishing of fire department services pursuant to this agreement effective action in emergency situations by those entrusted with the responsibility of saving lives and property by protecting such governmental units from liability, and their employees, agents, and officers from non-intentional tort liability to the fullest extent permitted by statutory and constitutional law. This section shall be liberally construed to carry out the intent of the City Councils of the entities involved. VIII. TERMINATION AND REMOVAL Each city has the right to terminate its participation in this agreement with ninety (90) days written notice to the other cities. Additional cities may become parties to this agreement, and an existing party may be removed as a party upon the vote of a majority of the governing bodies of the other cities. IX. PRIOR COMMITMENTS This agreement contains all commitments and agreements of the cities regarding automatic aid for fire protection and emergency medical services, and no other prior oral or written commitments shall have any force or effect. Notwithstanding the preceding sentence, it is understood that certain signatory cities may have contracted or may contract in the future with each other for total fire protection and emergency medical services, and it is agreed that this agreement shall not affect those contracts. X. VENUE Each party agrees that if legal action is brought under this agreement exclusive venue shall lie in Tarrant County, Texas. XI. BENEFITS When an employee or volunteer of the responding city is performing duties under the terms of this agreement, that person is considered to be acting in the line of duty for the purposes of 42 U.S.C.A., Section 3796; is considered to be in performance of duties within the provisions of Article 6228f, V.T.C.S., and Chapter 142, Texas Local Government Code; and shall be entitled to any other benefits which accrue under law as a result of injury, death, or loss which occurs while in the line of duty. XII. SEVERABILITY In case one or more of the provisions contained in this agreement shall be for any reason held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision, and this agreement shall be construed as if the invalid, illegal or unenforceable provision had never been contained in the agreement. XIII. AUTHORIZATION This agreement is made pursuant to Chapter 791 and Subchapter E, Chapter 418, Texas Government Code. It is agreed that in the execution of this agreement, no party waives any immunity or defense that would otherwise be available to it, against claims arising from the exercise of-governmental powers and functions. EXECUTED this Texas. day of 2000, at Tarrant County, CITY OF NORTH RICHLAND HILLS, TEXAS BY: CITY MANAGER CITY OF COLLEYVILLE, TEXAS BY: CITY MANAGER CITY OF HURST, TEXAS BY: CITY MANAGER i.\. . CITY OF NORTH RICHLAND HILLS "- Department: Finance / Support Services Council Meeting Date: 11/27/00 Subject: Award Bid for 2001-Year Model Vehicles Agenda Number: PU 2000-149 In the 2000/2001 approved budget, Council appropriated funds for the purchase of vehicles. Formal bids were solicited and the results are outlined below. Classic Chevrolet Showcase Chevrolet Hudiburg Chevrolet $425,563 $430,804 $434,895 The bid results for six Bi-fuel trucks are listed below. Village Ford Texas Motors Ford Five Star Ford Nichols Ford $136,494 $141,482 $143,685 $144,135 ~'- Federal legislation requires we have a minimum number of Bi-fuel propane powered vehicles in the fleet. At this time, Ford is the only manufacturer that produces Bi-fuel vehicles certified from the factory. Chevrolet will have this type of vehicle available for 2002. Village Ford and Classic Chevrolet met the specifications and general conditions of the bid and the vehicles can be delivered within 180 days. In September a 1997 civilian model Police vehicle was wrecked and the City received $12,166 from the insurance company. Staff requests the replacement of this vehicle be added to this bid. There are sufficient budget savings to cover the balance of the cost of the vehicle. Finance Review ',,- d~1 De artment Head Si nature Budget Director Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Director Page 1 of . 2 . .'~~',.~Jf:$;' ,.?Õ I~ .. Funding Source: 510-7032-712.74-10 405-6006-712.74-10 001-4502 -523.74-1 (t 130-8004-531.74-10 001-5503-524.74-10 Grand Total CITY OF NORTH RICHLAND HILLS $405,064 $ 22,749 $ 22,749 $111 ,495 $ 17.948 $580,005 ------- ------- Recommendation: To award the bid for twenty-one Chevrolet vehicles to Classic Chevrolet in the amount of $443,511 , including the extra vehicle for Police, and award the bid for the six Bi-fuel pickups to Village Ford in the amount of $136,494. '- CITY COUNCIL ACTION ITEM Page 2 of 2 .' CITY OF NORTH RICHLANDHII.LS Department: Public Works PW 2000-036 Parcel 2 is the resl . to the convenient Recommendation: : the amount of $15. .., ,..... - --------- -'. ~ ~ - - ~ ~ ~ ~ ~ - ~ ~ ~ ~ ~ ~ ~ ~\ .., ,~ ~ hi v"- ~J 1/ r- oOSTPW PWRI! E ~ ~ ) Jí~ '\ - N~RTH R CH~ '-fJ ~ -- ~~.--= L _J y ...·U ~ ~ 'io~'f.~~" ~ TIID. ~.~\ ~~1- ~n-, ~ ~ -'\ r.¡ /-" §!t--- MERALD SCALE: 1cm=O.24km .,S ~ ~ ~ I I ~ 11 ¿fS IWAr (Approximate) ~V... ~ \ ,.., ~ ..~:I~ I~ ~ I L"~ tJR, ~ ~u \\ ~~~ _ ~õr. L-I I- ,'- ~~ ~ I IMJPuJI 0 v.\ ~)'J,' J tr~ I "-L---W -T ~ ~ 3 ïï"" I: ~~·E:rS~... ~ .. 18201" -......::::.. ~ / ~ . ~.. '-/ 1"\ . L-'\..~ .' (] ~l"~ - ~ ~ q BRILEY R, ""= ~~ \~~~--.l Proj~ctSlte } q >\} ,- ~-- ~~~ .~--j ~ ~ /" \' I Cr"uR¡ ~ / ~ ~ HARMiNSON RD _ ~I' I~ ONYX/%R N / - f~ / ~~ 'ríl _ _ JYRRELL ST, ~~~ '- I, ~~ ONYX bR. S ""\ - I :) bo:1 ::t. ~ NE INTERSTATE LOOP 820 N. - -, -1 - ~ .~s PI(. ..-.. II.~ ~~~ ~ ~ ~ ~ I ".... R/VlERA DR, ./ ~ - CLENV/1 If' DR. - --, . r.... .....~ f P1_ ....'(~-Ll ""\ t ""c.- \ "i~ .Id ~ \.. L~· - I~ / ...:t\-t _~~r- ~\ø e - ..,....:J. \ 1 '--;;"'" ~.~ -. . ~ Y I Project Sitel . '!! - , ./ I· . ...,'-"'- ~--W"~ ø: ~~-I- õJ -.:='7 ---: - -:-~~. . \. -:'~..::r.: .::~t... ~- - .L....../ \... v J - '\ Figure 1-1. Vicinity Map -\.. ../ RUFE SNOW DRIVE CL CURVE DATA PI STATION = 0+808.020 DELTA = 36'5'42- LT. TANGENT.. 45.561 m[149.48'] LENGTH .. 88.059 m[288.91'] RADIUS .. 139.139 m[ 456.49'] w. W. WALLACE SURVEY - ABSTRACT NO. 7606 HILL VIEW ADDITION SECTION 3 VOL. 388- 4, PG, 39 P.R. T.C. T. LOT 16, BLOCK 6 BETTY STRENG VOL. 9917, PG. 2293 D.R. T.C. T. LOT 15-R, BLOCK 6 MELISSA A. SANDERS VOL. 12718, PG. 319 D.R. T.C. T, ............. ""- TRACTS 2B4 & 2B4A -- RICHARD W. RUSSELL ROBERT R. BODOIN. TRUSTEES VOL. 9242, PG. 337 D.R. T.C. T. LOT 14-R, BLOCK 6 BETTY ANN CROSS VOL. 9140. PC. 2215 D.R. T.C. T. -- J. M. VANDUSEN SURVEY - ABSTRACT NO. 7588 SRM TxDOT /15 M IRON PIN SET 1:,«: ::::>:<1 PROPOSED R.O.W. T....KING PROPOSED R. O. W. UN£ ------- €X/STlNG R.O. W. LIN€ -f'L-PI:-- €XISTlNG PROP€RTY LIN€ FND IR FOUND IRON ROO SRM SET RIGHT-OF-W....Y M....RK£R [ ] C....LL€D S€....RING ....ND/OR DISTANCE -t-- SR€AJ( IN SC....L£ ~~ 2.5 0 5 10 ~ - - ------... - SCAl.C'Wi"CTCRS LOT 10-R, BLOCK 6 SECTION 3 HILL VIEW ADDITION VOL. 388-108, PG. 45 P.R.T.C.T. , I , I I I , I I I , I I I I I -..., BEKTAS, INC. VOL. 12219. PC. 1833 [35.371 D.R.T.C.T. 10.674 m 10+817.825 PROPOSED R.O. W. ~ NOTE:Legal Description to accompany this Survey Plat. ENGLISH DISTANCES (FEET) PARCEL 2 BETTY ANN CROSS 0.010 Hectare of land (0.026 of an Acre) 1-20-99 STATE DIST. COUNTY TEXAS 02 TARRANT CONT. SECT. JOB HIGHWAY NO. 0902 48 280 CS NOV- 9-00 THU 15:00 FACILITIES MANAGEMENT FAX NO.mBITHB'f 11 (8 P. u¿ ~ I::=... F..... ROW-A'S Røv.1·P7 REAL IST ATE APPRAISAL REPORT TEXAS DEPARTMENT OF TRANSPORTATION Account: CM 9S (114) Parcel; 2 CSJ: 0902-48·280 F C<lcral Project No: Highway: Rufe Snow Driw County: Address ofPropeIty: 4108 Rufe Snow Dri\'e Property Owner: Wm. McCartney aDd Cmie Address of Property Owner: 4108 Rufe Snow Th-ive North Richland Hills, Tcxas Occupant's Name: Owners Whote: Partial: X Acquisition The puxpose of this appraisal is to cstimRte the market value of the fee simple title to the real property to be acquired. encumbered by any casements nol \0 be extinguished, less oil, gas and sulphur. 1£ this acquisition is ofless than the wholc property. then any speoial1:x-'1lefits andlor damAges to the remainder pfOperty must be included in accordance with the laws ofT e;oœs Tarrant Market Value Market value is ðcflDed as fonows: "Market Value is the price which the property would bring when 11 is offered tor sale by one who desires, but is not obliged to sell, and is bought by one who is under no necessity of buying it, taking into consideration aU or the uses to which it is reasonable adapl.l:lble and for which it either is or in all reasonable probability will become available within the: reasonable future." Certificate or Appraüer I hereby certify: That it is my opinion the total compcn:lation f<1t the acquisition of the herein described property is .515.000 as of 10/10/00 based upon my independent appraisal and the exercise of my professional judgement; That on 10/10100 (date)(s), I personally inspected in the field the prøpcrty herein appraised; that I afforded Mrs. Carrie McC8I1nCV . the property owner or the representative of me property owner, the opportunity to accompany me at the time of the inspection; The comparables relied upon in making said appraisal were as represented by the photographs contained in the approisal report and were inspected on 8199 tJm.¡ 10/00 (date)(s); That 1 haw not revealed and will not reval the findings and results of such appraisal to <U1yonc other thaI! the proP¢( officials of the Texas Department ofTransportaôon or officials of the Federal Highway Administration until authorized by the State officials to do so, or until 1 am required to do SO by due process of law, or until I am I1)leased Ô'om this obligation by having publicly testífied to such findings; That my compensation is not contingen1 upon the reporting of a predetennined value or direction in value that fovors the cause of 5\lCh findings; I certify that, to the best or my knowledge and belief; That the statements of tact contained in this repo11 are true aDd coxrcct; 'l1u1t the reported analyses, opinions and conclusions axe limited only by the reported assumptions and limiting conditio1\,~, and are my personal, unbiased professional analyses, opinions, and conclusions; That I have no present or prospectiw inleæst in the property thAt is the subject oftbis report. and I haw no personal interest or bias with respect to the patties involved; That my analyses, opinions aDd conclusions were developed, and thi! report has been prepared in confonnity with the appropriate State Jaws, œgulatiODS. and policies and procedures applicable to t11e appraisal of right of way for such pmposes, and that to the be~t of my knowledge no portion of !he value ~ to such pròpC11.y conshu of items which are noncompensable under the established law of said State, and any dæn:asc or .increase in the &ir market wluc of subject real property prior to the date of valuation caused by the public improvement Cor which such property is to be acquired. or by the 1ilœ1ihocxJ tbat the property would be acquired for such improvem¢Ilt, other than that due to the physical deterioration witbin the reasonable control of the owner, bas been disregarded in os~ting th,e compensation of the property. BenE. DYess. Jr., MAl Tx-1320729 G Print Nøme (Appraiser) Certification No, \¢ß""",er.w L- ~i1rA~ /J14r Print NI!111e (Review Appm' ) ~~-""~'5 Sipture ~ ä ¥- 10112100 Date /c- Z:1'oø Date Page 1 'iii' .' CITY OF NORTH RICHLAND HILLS Ç>epartment: Planning &.In'øøCtiOO$Oepartment C~nc;it M"tlngDate: 11/27/00 Subject: Public Hearing to consider a zoning change request from / Agenda Number: PZ 2000-42 AG Agri(:ultura' District to R3 Single Family Residential Djetrict, requested by Van Schuler at 7829 Odell 'Street known as tract 2G1B out of the JOhn McCommas Survey, #1040. Ordinance No. 2530 Background Mr. Van Schuler has submitted an application to rezone an 8642.83 square foot tract of land from AG Agricultural District to R3 Single Family Residential Distriot. This tract is located at 7829 Odell Street. This tract must be platted prior to any futurè·development. The Comprehensive Land Use Plan indicates that this tract. Is . best suited for residential development. The single-family zoning is consistent with the ',Projected Future Land Uses outlined in the Comprehensive land Use Plan. North: South: East: West: Surrounding Future Land Uses The property in question is shown, to be Low Density Residentiat in the current and proposed Comprehensive Land.UsePlan. Exlstln Z . Current (R2) Low Density .esidential (R3) Low·Density Residential (AG) Agricultural (R3) Low Density Residential Future Land Use .' .,. Low Density Residential· Low Density ,Residential loW Density Residenttal Low Density Rèsidential RECOMMENDATION: . The Planning and Zoning Commission met on Thursday, November 9,2000 and recommended approval of PZ 2000-42 by a vote of 5-0. If the Council determines that this zoning request is acceptable, the following motion is recommended: Approval of PZ 2000-42 and Ordinance No~ 2530 Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account NUtT\ber Sufficient Funds Available \ - # ,~ Department Head Signature Inanoe Director ~ L:\Cases\P2: Cøes\2OOO\PZ 200G-40-41 tom Thun1bèø$SUP 19 27 ! fR 2A2 f! .98 AC .~. ~ TR 2Al ~ 1.8 AC ·...·r 17 . d a: <:X 19 ....... ~ --8 fR IAIA :l- ii 3 <I: . It .59 AC ! ..---.' ~.:t . fR IA3 r 4 ~ . 335 AC fR IA3A .~ .. J .. rc~ ,335 AC 5 ~ fR lA2 « acJ.335 AC '" 6 .,1 fR IA2A :~ It ~:I,335 AC ~ :).. ;~ ..... ............... ............. ............. .......................... 28 21 .... 29 ~ 33 34 35 36 37 38 w 22// 778 2 / 1 2 3 41 1 5 6 9 - 5 6 7 9 9 18 0 3 2 .(~~1 8.~;6~ < -" 0 fR 201 ~ 4 C .48 AC 1 ..- ~4 5 6... 0 1~3 _ f'J\OJI-L ~'.. - 11 , STREET . ....:¡ ;"mlt DDE. L.L t'aW ~ TR 20 .. - ...... o. ~~ ¡;¡., ~ .68 AC - = 1 7W,~ þ" 5 6 E- .- .- ..... 2 - ~?~ ... :; 1 8A 9A IBA I ~l.l.l~~ ~ 2R .. 3R~ ~!i r:I) 3 ' 5 6 7 y lR .; . 88 9B 188 1 : TR ~J COl.!. .. 7 'I 1 .. 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I--TR IGtA J 4 TR BAt . ., 2 tIE~ 1 2 "' I {b E 5 · TR 7C .. .689 D r ~ 2 (jß~ i--TR IG2A ~ e:fE~'t .. f! 2.511) AC ~f I 10-- TR IG2B cEt4 f SI< ~~. .............................. :::.: ~nfR 10 fR IH .;' r...7r¿,'V':P) :.~l --ç&) ... 1.469 AC .."'. TR 11 ø \: K 7 Cð);) .188 I AC ::;. ~ _"oJEL.1.. ~ I »~ I 9 ~1 ·~t -- (t, )115'lf c::~,f.·:.{ £:L. tin 1 :J~ ~.u ;y '" ~ ." I ,- 11 10 q " \~ ,W ..- 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 Purcose of Reauest: PZ 2000-42 Van Schuler 7829 Odell Street Public hearing to consider the request of Van Schuler for a Zoning Change at 7829 Odell Street known as Tract 2G18 out of the John McCommmas Survey, A-1040, from AG Agricultural District to R2 Single Family Residential District. Hearina Procedure: Plannina and Zonina Commission and City Council When: PLANNING AND ZONING THURSDAY, NOVEMBER 9, 2000 CITY COUNCIL MONDAY, NOVEMBER 27,2000 7:00 P.M. Time: What: PUBLIC HEARING - PLANNING AND ZONING COMMISSION AND CITY COUNCIL Location: PUBLIC HEARING - CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICH LAND HILLS, TEXAS Applicant and Other Speakers' Presentation Public Input, Neighborhood Associations, Property Owners Within 200 feet, Interested Citizenry Questions from Planning and Zoning Commission for Applicants, City Staff and Guests Present. L:\Property Owner Notification\PZ\PZ-2000-42,doc PZ 2000-39 7829 Odell Street Rezoning ACSH Inc. Custom Select Homes Po Box 54632 Hurst, TX 76054 Stephen E. and Angela Croft 7820 Odell Street North Richlland Hills, TX 76180 Doyle K. Fincher Sr. '. Po Box 821293 Fort Worth, TX 76182 Charles M. Bunch 2116 Ridgecliff Drive Keller, TX 76248 Dõnald P. & Bonnie J. Stephens 7821 Daniel Drive Fort Worth, TX 76180 Lee Roy and Lawon Bonham 8920 Martin Drive Fort Worth, TX 76180 Billy M. and Monica Stephens 9606 Boat Club Road Saginaw, TX 76179 ACSH Inc. Van Schuler 8305 Thornway Ct. North Richland Hills, TX 76180 Charles Milton Bunch 2116 Ridgecliff Drive Keller, TX 76248 Delfino and Sandra Villalobos 7824 Odell Street Forth Worth, TX 76180 Jack and Virginia Cook 7813 Odell Street Fort Worth, TX 76180 David S. and Karen D. Rose 7821 Odell Street Fort Worth, TX 76180 Rodney and Twana Hawkins 7825 Daniel Drive North Richland Hills, TX 76180 Doyle W. Newbrough 7820 Daniel Drive Fort Worth, TX 76180 David C. and Jeanna L. Smith 7832 Daniel Drive North Richland Hills, TX 76180 Danna & Shawn Watson 6901 Smithfield Road Fort Worth, TX 76180 Charles H. Leverton 7816 Odell Street Forth Worth, TX 76180 Doyle K. Fincher Sr. Po Box 821293 Forth Worth, TX 76182 Charles and Sharon Rutledge 800 Tahiti Drive Granbury, TX 76048 WM & Linda Beasley HC 71 Box 284B Kingston, OK 73439 Jiri A Pachla 7829 Daniel Drive Fort Worth, TX 76180 Laura Ann Geiger 7824 Boat Club Road Saginaw, TX 76179 ", Z LL.0 C . 09:<.:) W 0:: L..J L..J ffi ~ 2: I ~ ~ WW ~ 0 zz~z L..JZNW ~Ò ~ zZ ~ Z:J~ ~ ,m ~ ~~~ :8 ~ 8~ 8~8 :J:t) ~~ ~~Š ~~ ~ ~~S~y ~~y~ ~~g ~~ . ~ j;J ~ ~ ¡; Z ;:=; ,g w ~ ~ w -~ ~ 4; ~~~ ~5°~ ~~~~~ ~~<~ ~~ffi ~~ -~! ~~Z3 ~~~~ ~~LL.~ 0 Z ZL..J ¡ä~ ~w~~ ~~~~~ ~~~~ ~~8 ~~ ~~~ 8~E~ 8~¡;~8 ~ ~~ w~ WOO I ~ ~~ 0 ~ oR ~~o~ wg~ ~~ ~u o~w~ ~~~Õ; LL.,LL.US LL.~~ œÑ Q~ L..Jm~~ ~~z~ ~~~w Ñ-S ~~ w Z (,) -C- 0 O? ~o .Wo .-_ -9:!A :J~Ew ~NE~"" -ð~. 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ADOPTED: March 22. 1993 CURRENT THROUGH: Ordin.nce 2360, J.nuuy 11. 1999 ZO NING MAP Grid: 84-436 P.ge: C5 '1<.1A2 - . -R.\'.2A ~5 ~ I 61' , 1 I I I , ! 1 ~fì-: ! 5 ¡ , , I ~_N TRN 'R. ' 1. ¡ ¡RP I I ¡ I r ,I ) /. i 5/. t7/a/ ~ ° I" ~ ~J !RIA / I ~'J ¿ ~,~ ~~...\\~\)!\ R-2-1~OO ,:\9- I TRoD! AG .:> TR.B5 ~\£,\..'V ::~\\'\~9\'ZÙ U C-1 1094 - "X:;v' °.<;18 í'O\~ '" ' ;;.,..·".<;IA -1:"D-:'::>- ft. ~ t=~:r'~ ~r;-- "'R~ .<~ ~~ :J:;"" I:::; :s E...,_~ (j ;R.5 T~.t i"..., -.J ... .--- l~~: 1 LR AG '02 Im.m TR.Ð1 1'R.83 I I ~&J;~G , """",, i À!B R -¡ C '" I II ,¡,Ip~ t'oþ ~ i 2A : a~! I ! t r 1 Ti~ I M..! I" ~-L , ""j')'I:J).Hn 'I =LJ.! '1!'t'~>- '" ~~1. \)' . Z 5C I L..- ::~, ¡¡¡ SA --;- ~vV J? 7. IE ~ Y» ,./' (...~ ,DL~ (). /V"1t. ,,"J.-< "./1 ./ ...../:! /j - '4 5, /A5B1 -. . //~1'R.16B _/ .J? /// / \.,,9 / Ie, ~ d ...J u.¡ ;:;J "" :II 1-:'-- '0 ....! ~ vi I / ....1 _. ...... ..__ ORDINANCE NO. 2530 AN ORDINANCE REZONING A 8,642.83 SQUARE FOOT TRACT OF LAND OUT OF THE JOHN MCCOMAS SURVEY, ABSTRACT 1040 FROM AG AGRICULTURAL TO R3 SINGLE FAMILY RESIDENTIAL IN ACCORDANCE WITH THE CITY OF NORTH RICH LAND HILLS ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has received a request for a change in zoning district boundaries; and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of the Zoning Ordinance and the Offic.ial Zoning Map by rezoning certain property as set forth herein; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in Case Number PZ 2000-42, a 8,642.83 square foot tract of land out of the John McComas Survey, Abstract 1040, located at 7829 Odell Street, as shown and described in Exhibit "A", shall be rezoned from AG Agricultuaral District to R3 Single Family Residential District and, 2. THAT, the Official Zoning Map be redrawn to incorporate this zoning district boundary amendment and the herein described ordinance number be affixed to the property described herein. 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Ordinance 2530 Page 1 of2 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage, PASSED AND APPROVED BY THE CITY COUNCIL THIS 27th DAY OF NOVEMBER 2000. '. Mayor Charles Scoma City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: Development Director APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance 2530 Page 2 0£2 .("".' CITY OF NORTH RICHLAND HILLS ~ Department: Planning & Inspections Department Council Meeting Date: 11/27/00 Subject: Consider Site Plan approval for Shady Grove Baptist Church Agenda Number. PZ 2000-43 represented by Innovative Construction, on Lot 1, Block 1, Jackson Heights Addition, located at 6649 Precinct Line Road. 8203 Starnes, being Lot 11, Block 6, Crestwood Estates. Background The Shady Grove Baptist Church is seeking approval of this Site Plan for future development of the property into a church facility, This property was recently rezoned from Agricultural to R2 Residential. This is being brought forward because it is considered a non residential structure within 200 feet of residential property, Included with the Site Plan is the Landscape Plan and Building Elevation Drawings. As shown on the drawing, the church intends to construct a 15,117 $quare foot, 100% masonry Auditorium on the lot. They are also planning to leave an existing brick house onsite, This 4,60 acre tract is located at 6649 Precinct Line Road, Staff has reviewed the Site Plan, Landscape Plan and Building Elevations. The plans for the new construction as submitted meet the city Zoning, Sign, and Landscape Regulations. The only concern regarding this request is the request to keep three existing accessory buildings. The church is requesting to keep an existing stucco building, concrete block stable and metal barn. Under the zoning requirements, only one accessory building is allowed and it must provide the same masonry and roof pitch as the main building. This site is also being final platted in preparation for building construction. The proposed development conforms to the Comprehensive Land Use Plan. '- RECOMMENDATION: The Planning and Zoning Commission met on Thursday, November 9, 2000 and voted 5-0 to recommend approval of this request. If the Council determines that this site plan is acceptable, the following motion is recommended: Approval of PZ 2000-43 for the Site Plan requested by Shady Grove Baptist Church with the stipulation that the accessory buildings be removed from the site. Source of Funds: Bonds (GO/Rev.) Operating Budget Other _ ~ ~~~ Department Head Signature Finance Review Account Number Sufficient Funds Available Finance Director rAul~ L:\Cases\PZ Cases\2000\PZ 2000-43-41 Shady Grove Baptist Church " 2 lESS 34 35 3IJ :J1 311 · . . . . . . ._ 0- . · . . . .-.' . . . . . . . . . . . . ~ . . .. . . . . . . . ,_ 0" . _. . .' . . . .".' . . . . .. 0' . ,_. . . . . ,_ . . . . . . , . . " . " . . . . . . . . . . . . . 0' ... . . ,- .... . . . . . . . . . . . . . . . " .' . . 0' .- ,_ . . . . . . . . . . .. . " .'. ',' .. . . . . . . . . ... . .. . . . . - .... ~.. . . . . . . . . . . ,". 0' . .', . . .. . . ..... . . . . . . . . . . . . .. . . " . . . . . · . . . . · . . . . - . . . . . . - . . .. 0' .' . . . . . . . .. . . . . '" "0" '.. . . 7· ':; :j: iii ¡U ¡iAG: Ui¡ H [j) ¡j::!: ::i ::~:;:::::1:::::::::::::;:?::;:;::::):::' · . . . . .-. . ... .".'...... ,- . eR · . . . . . . . . . . .' . . . . . . . . . . . . . . . 0' . · . . . . . . . . . . . . . . . . . . .. . · . . . " .......... - . . . . . . . . . . .. . . . . . .- . . . . . . . . . . . . . .- .' .' . . . . . . . . . . . . . . . . . . .- . . . . .. 0" . . . . . . ... . . . ._ . . . . . . .' . . . . -. . . .- . 7 5 a a: 12 a ~ ~ ~. w/ 13- > 8R . . . 0' . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .'. . . . . . . . . . . .. . . . . . . . . . .. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R . . . . . .. . . . . . . . . . . . . . ... . . .. . . . . . . . ..- . .' . . . . . .- . . . .. . . . . lR.5 TfUe 3 E :z: ~ G-1 J JoI IIIC i! :l 1IUO NRH Shown with 200 ft buffer around Tracts 3C1 & 3C2 Prepared for: Planning & Zoning Prepared by. Information Services - GIS DIv. GIS Job No: 0169 AV: PZ 2QO().25 May 24.2000 200 I o 200 Feet I " -.. ...._....... ~-- .,-,,",~,""'-'~...--,.-.._...-...."'"""--. CITY OF NORTH RICHLAND HILLS -~ ¡>. Department Planning & Inspections Department Council Meeting Date: 11/27/00 SubjectConsider Final Plat of Lot 1, Block 1, Jackson Heights Addition Agenda Number:PS 2000-40 as requested by Shady Grove Baptist Church. This 4.60 acre tract is located at 6649 Precinct Line Road, CASE SUMMARY The Shady Grove Baptist church is seeking approval of this Final Plat for future development of the property into a church facility, This 4,60 acre one-lot subdivision is located at 6649 Precinct Line Road. One issue in particular is off site drainage noted in the Public Works memo dated September 27, 2000. Permission for off site drainage will need to be obtained by the Churèh, The church has prepared a written response to this and other Public Works Concerns and the Plat has been revised accordingly. Site Plan approval is also being requested on this site, The proposed plat and development is in conformance with the current Thoroughfare Plan and Comprehensive Land Use Plan. RECOMMENDATION: The Planning & Zoning Commission met on Thursday, October 12 and voted 5-0 to recommend approval of Lot 1, Block 1, Jackson Heights Addition. If the City Council determines that this plat meets all city regulations, the following motion is recommended: Approval ofPS 2000-40 for a Final Plat of Lot 1, Block 1, Jackson Heights Addition with the stipulation that no construction occur on the rear undeveloped portion of the property without a revised drainage plan. \, Source of Funds: Bonds (GO/Rev.) Operating Budget _ _\ Other ~ ~ ~oerpvW Department Head Signature Finance Review Account Number Sufficient Funds Available Finance Director L:\Cases\PS Cases\2000 Plats\PS 2000-06-41 LotAR11nd Park.doc Page 1 of 1 NRH Public Works / Administration CITY OF NORTH RICHLAND HILLS October 4, 2000 MEMO TO: Planning and Zoning Commission FROM: Julia W. Skare, Senior Staff Engineer RE: PS2000-40; JACKSON HEIGHTS ADDITION, BLOCK 1, LOT 1; Final Plat We have reviewed the plat submitted to this office on October 3 and offer the following comments. PUBLIC WORKS FEELS THIS PLAT IS READY FOR P & Z CONSIDERATION, ALTHOUGH THE NOTARIZED LETTER OF PERMISSION FOR OFF SITE DRAINAGE WILL NEED TO BE PROVIDED PRIOR TO THE PLAT BEING FORWARDED TO CITY COUNCIL. 1. OFFSITE DRAINAGE A significant portion of this lot drains to the west and south. The applicant is not proposing to change the existing condition of this portion of the lot. The design criteria requires the Engineer to design for ultimate development and take the runoff to a recognized watercourse. Public Works is not opposed to the developer sheet flowing the runoff to the adjacent property, if notarized letters from the adjacent property owners are received. The letters need to acknowledge acceptance of the ultimately developed runoff and reference the specific plan sheets. 2. WATERLINE EASEMENT A separate waterline easement is required for the improvements adjacent to Precinct Line Road. The easement will need to be signed and filed prior to the plat being filed. Public Works is in the process of reviewing the final construction plans. The plans included extension of the waterline, a new fire hydrant to cover the majority of the lot, and an extension of the sanitary sewer main to provided sewer service to the house and church buildings. ~#~ Ju I W. Skare, P. . Senior Staff Engineer jwslbmblpwm2000-188 cc: Gregory W. Dickens, P.E., Public Works Director Mike Curtis, P.E., Assistant Public Works Director P.O. Box 820609 * North Richland Hills, Texas * 76182-0609 7301 Northeast Loop 820 * 817-427-6400 * FAX 817-427-6404 Jeremiah 17:7-8 October 4, 2000 '. Mr, Adam Miles City ofN. Richland Hills Planning and Inspection Service 7301 NE Loop 820 N. Richland Hills, Texas 76180 Re: Jackson Heights addition, Blockl, lot 1: Offsite drainage Dear Mr. Miles: Shady Grove Baptist Church requests that the plat which has been submitted by Washington and Associates be considered by Planning and Zoning at the October 12, 2000 meeting. We understand that we must obtain letters granting pennission to "grade to drain" nom adjacent property owners. We also understand that you must be in receipt of this infonnation by October 18,2000 in order for us to be placed on the City Council agenda for the meeting on October 23,2000. We are in contact with these owners now and working to get that approval. In the event that we don't have this infonnation to you on the 18th, we respectfully request to be placed on the agenda for the next council meeting after delivering this infonnation to you. Please accept this letter as our waiver of the requirement that the plat must be acted on by the City Council within thirty (30) days of approval by the Planning and Zoning Commission. Your help in dealing with this matter is greatly appreciated. Bill Weaver, Senior Minister. Bill Weaver Senior Minister 6649 Precinct Line Road N. Richland Hills, TX 76180 (817) 281-3980 E-mail: sgbc@startext.net ;. , CITY OF NORTH RICHLAND HILLS epartment: Information Services Council Meeting Date: 11/27/00 Subject: Amendment to Lease Aareement With Sprint Spectrum LP, Resolution No. 2000-095 Agenda Number:GN 2000-134 The City of North Richland Hills entered into an initial lease agreement with Sprint on June 27, 1996, whereby Sprint constructed a communications tower at the golf course. The term of the primary agreement is five years. The agreement also allows Sprint the right to extend the primary agreement for four additional periods of five years each. The rent for the primary term is $7200 per year. The rent for the additional periods will increase 15 percent, for each additional period. Sprint is proposing an amendment to the existing lease, requesting consent to allow TimesThree, Inc. to "co-locate" with Sprint on this site. Sprint will pay the City $3600 per year under this agreement. The additional rent will escalate in the same manner and at the same time as the primary lease agreement. The proposal is to add 3 communication antennae and related equipment to the existing tower. The new antennae will be used to pinpoint the exact location of 911 calls. The '-. proposed lease amendment is attached. TimesThree and Sprint agree to abide by the initial agreement as discussed in the amendment. In the event TimesThree, defaulted on the agreement, Sprint would be required to remove their equipment as set forth in the initial agreement. The City Attorney has reviewed the proposed lease amendment. Staff believes it to be in the best interest of the City to enter into this lease agreement. Recommendation: To approve Resolution No. 2000-095 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 Account Number Sufficient Funds Available Budget Director PRaA 1 of 1 RESOLUTION NO, 2000-095 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 amendment to the June 27, 1996, PCS Site Agreement with Sprint as the act and deed of the City. PASSED AND APPROVED this 27 day of November, 2000, APPROVED: Charles Scoma, Mayor ATTEST: ~ Patricia Hutson, City Secretary APPROVED AS TO CONTENT: Site ill # DA03XC242 (f/k/a FIW3267) AMENDMENT TO PCS SITE AGREEMENT This Amendment to PCS Site Agreement ("Amendment") is made and entered into as of the day of , 2000 ("Execution Date"), by and between Sprint Spectrum L.P., a Delaware limited partnership ("Tenant"), and City of North Richland Hills ("Owner"). RECITALS A. Tenant leased from Owner certain real property at 6050 NE Loop 820, North Richland Hills, TX 76180 pursuant to a PCS Site Agreement ("Agreement") dated June 27, 1996. B. Tenant and Owner desire to amend the Agreement on the tenns and conditions contained herein to enable Tenant to obtain consent which will enable Tenant to allow TimesThree, Inc. (f/k/a Cell-Ioc USA, Inc,), a Delaware Corporation ("Co-Locator") to co-locate with Tenant on the Site. NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein and for other good and valuable consideration, the receipt and sufficiency which is hereby acknowledged, the parties hereby agree as follows: 1. As of the date ("Effective Date") that Co-Locator enters into an agreement with Tenant whereby Tenant grants to Co-Locator the right to co-locate three (3) antennae and the equipment required to operate such antennae on the Site, ("Co-Location Agreement"), Owner hereby grants and acknowledges Owner's consent to the execution, delivery and perfonnance of the Sublease by and between Tenant and Co-Locator ("Consent"). If Co-Locator and Tenant have not entered into a Co- Location Agreement one-hundred and eighty (180) days following the Execution Date, either Owner or Tenant may tenninate this Amendment at any time prior to the date that Co-Locator and Tenant enter into the Co-Location Agreement by providing written notice oftennination to the other party. 2. Tenant will commence paying rent ("Additional Rent") in advance for the Consent in the amount of $3600.00 per year commencing on the first day of the first month following the date that Co- Locator installs its equipment on Tenant's tower at the Site (partial month to be prorated). The Additional Rent will escalate in the same manner and at the same time as described in Section J of the Agreement. 3. All additional equipment will stay inside the existing leased space. All additional utilities will stay inside existing easements. Access, entrance, and exit to the work site will be made using the "access easement" described in Exhibit B of the Agreement. 4. Tenant will repair any damages to Owner and Owner's golf course property that is caused by Tenant, its agents or sub-contractors, Tenant will require any damage made to Owner and Owner's golf course property that is caused by Co-Locator, their agents or sub-contractors to be repaired by Co-Locator. 5. Tenant will require Co-Locator to obtain any required penn its prior to start of construction, Additionally, Tenant will require Co-Locator to complete construction within sixty (60) days ofthe start of construction. Site lD # DA03XC242 (flk/a FfW3267) 6. Tenant will assign a Project Manager to this site to handle any construction-related questions, upon execution of this agreement. Once a Project Manager is assigned, Owner will be provided with appropriate contact information, Tenant will consult with Owner prior to the Tenant's approval of a construction schedule, The Owner will be provided a copy of the construction schedule and will be given weekly updates of the status of construction. Owner will be consulted on any changes in the construction schedule, Owner is to provide Tenant with a facsimile number so Tenant can provide Owner with required documentation. 7. All capitalized terms not defined herein shall have the meaning given to such terms in the Agreement. Except as explicitly amended hereby, the Agreement remains in full force and effect and is hereby restated, ratified and confirmed in accordance with its original terms, as amended hereby. 8. The terms of the original lease dated June 27, 1996, including the termination and removal clause, shall be in full force and effect with respect to the equipment described in this agreement. IN WITNESS WHEREOF, Tenant and Owner have executed this Amendment as of the date first above written, Tenant: Sprint spectrum L.P. Owner: City of North Richland Hills By: By: Charlie Douglass Name: Central Region Director, Sprint Sites USA SM Title: Date: Date: Co-Locator: TimesThree, Inc. (flk/a Cell-Ioc USA, Inc.) By: Name: Title: Date: 2 CITY OF NORTH RICHLAND HILLS '--- Department: Information Services Council Meeting Date: 11/27/00 Subject: Consideration of Lease Aoreement with Metricom for Antennae at Bursey Road Water Tower Resolution No. 2000-88 Agenda Number: GN 2000-127 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 60 months, and the right to extend the initial lease for 2 additional, 60-month renewal terms, Metricom would pay the City $120,000 for the initial60-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. Metricom will also be asked to comply with Article 7 of the City's comprehensive zoning ordinance, concerning Communication Towers, as a condition of the agreement. A photo depicting the proposal from Metricom is attached as well as the proposed agreement. 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 Account Number Sufficient Funds Available ~- P::¡OA 1 of 1 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 27th day of November, 2000. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary ;;¡;D;) ~N:~T: ry Kin e, Dire tor of~ation Services 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 the Bursey Road Elevated Water Tank site, 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 Twenty Thousand and No/l00 Dollars ($ 120,000.00) as full rental for the initial Term (the "Rent"), payable in quarterly installments of Six Thousand and No/l00 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 attorney's 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. Metricom shall not assign this Lease 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 legs in rectangular conduit. Metricom will paint the antennae(s), conduit, exposed cables and any other exposed facilities 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; (ii) any physical equipment or electronic emissions materially interfere with the operation of the Communication Equipment; or (iii) 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 attorney'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. STRUcruRAL 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 3 ROWFonnDocs \ WAP \ WAP Master 12-7-99.doc equipment and whether the drilling of any holes into or through the tower will cause any 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. 21. CITY ORDINANCES. Metricom agrees to abide by and conform to the City of North Richland Hills Comprehensive Zoning Ordinances, as it pertains to this project, paying special attention to Article 7, sections 740 and 745. Lessor: City of North Richland Hills a Municipality Taxpayer ID No.: [Taxpayer ID No.] METRICOM, INC., a Delaware corporation By: By: [name typed or printed] [name hJPed or printed] Its: Its: Date: .2000 Date: ,2000 4 ROWFonnDocs \ WAP\ WAP Master 12-7-99.doc [EXHIBIT AI [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: Tract 1C3, S. Richardson Survey, Abstract 1266 (0.25 acres) Tract 1B2B, J. Condra Survey, Abstract 310 (0.40 acres) Lessor's Initials Metricom's Initials [EXHIBIT B] [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: Celli 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's 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 (space above this line for Recorder's use only) 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 II 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 liB" 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 typed] 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. Wib:1ess my hand and official seal. (SEAL) Notary Public My commission expires: =========================================================== COUNTY OF ) ) ss. STATE 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. Wib:1ess my hand and official seal. (SEAL) Notary Public My commission expires: ATIACHMENT 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: ATIACHMENT 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: Human Resources Council Meeting Date: 11/27/2000 Subject: Approval of Compensation Plan Market Adjustment Agenda Number: GN#2000-136 In 1996, Council adopted a resolution to attempt to compensate City employees at a market competitive level in order to retain and attract quality individuals, As part of this resolution, an annual survey of benchmark positions is conducted. Human Resources conducted a survey of the ten designated area cities using twenty-eight benchmark positions from the Civil Service and Public Safety pay plans. Eighteen positions were selected from the Civil Service pay plan and all ranks (ten positions) of the fire and police pay plan were surveyed, The market analysis compared the benchmark positions from our pay plans against similar positions from other area cities, Comparisons were made on the average midpoint of each benchmark position pay range. The analysis evaluated the percentage difference between the North Richland Hill's pay range midpoint and the average of the ten area city pay range midpoints for each benchmark position. The average percent difference for the Civil Service pay plan was 3,88%. The second factor in the market analysis is the Employment Cost Index (E,C.I.) for governmenÍàlèntities average from September 1999 to September 2000. The E.C.I. For this period was 3.5%. Using these two figures, we are proposing the following weighted formula for the recommended adjustment to all employee pay plans: Percentage 60% 40% Category Market Difference E,C, Combined Value Multiplier X 3,88 X 3.50 Value 2.33 1.40 3,73% For purposes of budgeting, an estimated 3.50% was included in the 2000-2001 budget to implement the annual pay plan adjustment. Although the recommended increase slightly exceeds this amount, sufficient funds are available to provide for the necessary costs. Recommendation: To approve a 3.73% market adjustment increase to the Civil Service, Appointed, and Public Safety pay plans effective the first payroll period beginning January 2001. Finance Review Source of Funds: Bonds (GO/Rev.) Ope ating Budget Oth Department Head Signature Page 1 of 1 CITY OF NORTH RICHLAND HILLS ',- Department: Fire Department Council Meeting Date: Nov. 27, 2000 Subject: Approve Tarrant County Mutual Aid Aqreement for Fire And EMS Services: Resolution 2000-093 Agenda Number: GN 2000-137 The City of North Richland Hills currently has mutual aid agreements for the provision of fire protection services in place for all of its contiguous neighbors plus the other member Cities of the Northeast Fire Training Association (NEFT A), The mutual aid agreement being recommended between the City of North Richland Hills and the other Cities within Tarrant County will help to establish a County wide pool of fire and emergency medical resources that would be available upon request of one of the signatory Cities to this agreement. Ih the event of a very large scale incident that would deplete the resources available to most jurisdictions in Tarrant County, this agreement would allow that participating City to request mutual aid of fire department resources from other participating Cities, even if their b,?undaries were not immediately contiguous, In the interest of completing this mutual aid agreement and providing a safety net of fire department resources to be available in the event of a major catastrophe, the Fire Department recommends approval of the resolution authorizing the City Manager to \,-~ execute this agreement. Approximately twelve of the agencies on the attached "Potential Participants" list will be presenting this agreement to their respective Councils by the end of this year. Most of the northeast Tarrant County Cities are included in that number. Recommendation: To pass Resolution 2000-093 Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget \,- Other Account Number AccountNumber Sufficient Funds Available Finance Director ~@~I~'~ Department Head gnature . ,. Page 1 of -L- RESOLUTION NO. 2000-093 WHEREAS, the City Council finds that in order to promote the health and general welfare of the citizens of this city an agreement for Mutual Aid in Fire Protection and Emergency Medical Services with other cities in Tarrant County is desirable and helpful. NOW THEREFORE, 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 Agreement for Mutual Aid in Fire Protection and Emergency Medical Services. PASSED AND APPROVED this 27 day of November, 2000. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, City Attorney APPROVED AS TO CONTENT: An~~ The State Of Texas County of Tarrant Agreement for Mutual Aid in Fire Protection And Emergency Medical Services This Agreement is entered into by and between the agencies signatory to this agreement, hereinafter referred to as "member local government," "Parties," or "Party." WIINE~~EIH WHEREAS, the governing body of the member local governments, organized under the general laws of the State of Texas, desire to secure for each local government the benefits of mutual aid in the protection of life and property from fire and in firefighting and emergency medical services; and WHEREAS, this Agreement is entered into pursuant to Chapter 791 of the Texas Government Code; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The following tenns shall have the following meamngs when used III this Agreement: (A) For purposes of this contract, "local government" means a: (1) county, municipality, special district, or other political subdivision of this state or a state that borders this state; or (2) volunteer fire department constituted under state law (B) For purposes of this contract, "mutual aid" refers to reciprocal assistance by emergency services under a prearranged plan 2. That upon request by the Fire Chief or his/her designee or by the fire alann operator of one member local government to the fire department of the other member local government, available fire department equipment and personnel will be dispatched in aid of the requesting member local government to any point within a reasonable Page 1 of 6 distance of the jurisdictional limits of the responding local government, subject to the conditions hereinafter stated. The Fire Chief of each member local government shall designate what constitutes a reasonable travel distance outside the jurisdictional limits of the local government. It is hereby declared and agreed that an emergency condition shall exist within the corporate limits of a requesting member local government when one or more emergencies are in progress. When such an emergency exists, upon request of the Fire Chief, or his/her designee, or by the fire alann operator of a member local government in which the emergency condition exists (the "requesting local government") to the fire department of another member local government (the "responding local government"), the Fire Chief or designee of the responding local government will dispatch such fire department equipment and personnel to the aid of the requesting local government as he/she deems advisable subject to the conditions hereinafter set out. 3. Any dispatch of fire department equipment and personnel pursuant to this Agreement is subject to the following conditions: A. It is expressly understood and agreed that before responding in accordance with this Agreement that each member local government will have an ordinance, resolution, rule, or order adopted before the effective date of this Agreement which sets out the standard of care for emergency action which substantially states the following: "Every officer, agent or employee of the local government and every officer, agent or employee of an authorized provider of emergency services, including, but not limited to every unit of government or subdivision thereof, while responding to emergency calls or reacting to emergency situations, regardless of whether any declaration of emergency has been declared or proclaimed by a unit of government or subdivision thereof, is hereby authorized to act or not to act in such a manner to effectively deal with the emergency. An action or inaction is 'effective' if it in any way contributes or can reasonably be thought by the provider of such emergency service to contribute to preserving any lives or property. This Section shall prevail over every other ordinance, resolution, rule, or order of the local government and, to the extent to which the local government has the authority to so authorize, over any other law establishing a standard of care in conflict with this section. Neither the local government nor the employee, agent or officer thereof, or other unit of government or subdivision thereof or its employees, agents or officers shall be liable for failure to use ordinary care in such emergency. It is the intent of the local government, by passing this ordinance, resolution, rule, or order to assure effective action in emergency situations by those entrusted with the responsibility of saving lives and property by protecting such government units from liability, and their employees, agents and offices from nonintentional tort liability to the fullest extent pennitted by statutory and constitutional law, this ordinance, Page 2 of 6 resolution, rule or order shall be liberally construed to carry out the intent of the local government." B. Any request for assistance under this Agreement shall specify the amount and type(s) of fire department equipment needed, the MAPSCO location, and the street address to which the equipment and personnel are to be dispatched. Upon a request for mutual aid assistance by a member local government, under the terms of this agreement, the typical response set for personnel and equipment would be as follows: one unit of firefighting apparatus, pumper (engine) or aerial (ladder), with a minimum of three personnel, or a brush truck or water supply vehicle with a minimum of two personnel, or an ambulance with a minimum of two personnel. However, variances to the typical response set for personnel may be agreed upon at the time of the mutual aid request. The Fire Chief of the responding local government or hislher designee may dispatch additional equipment and personnel. Responding personnel must meet the mmlmum firefighting standards as established by their jurisdiction or by the Texas Commission on Fire Protection whichever is applicable. Texas Department of Health certified personnel (Emergency Care Attendant, Emergency Medical Technician, and Paramedic) may provide emergency medical services to the degree allowed by their certification and Medical Control. Supervisory personnel, support equipment and personnel, or additional fire department equipment and personnel may also be dispatched to the member local government by direction of the Fire Chief of the responding member local government or hislher designee. C. The requesting local government must have a command system in place and an incident commander in charge of the incident. D. The senior fire representative from the responding member local government shall report to and be under the direction of the requesting member local government Incident Commander, and will direct the utilization of hislher resources to assist in mitigating the emergency in accordance with accepted procedures. E. Fire department equipment and personnel from the responding local government shall be released by the Incident Commander as soon as they are no longer needed or when their services are needed within their normal fire protection area. F. In areas where common member local government jurisdictional lines exist, accurate determination of jurisdiction may not be possible upon receipt of an alarm. In these cases, the local government receiving the alarm will dispatch its fire department equipment and personnel and notify the other affected local Page 3 of 6 government of the alann. If the emergency is not within the jurisdictional limits of the responding member local government, it is agreed that the services provided will be considered to have been provided pursuant to this Agreement. 4. Each local government waives all claims against the other local government for compensation for any loss, property damage, personal injury or death occurring as a consequence of the perfonnance of this Agreement. Neither member local government shall be reimbursed by the other for costs incurred pursuant to this Agreement, with the exception of supplies and consumable items. 5. All equipment used by the responding fire department in carrying out this agreement will, at the time of action hereunder, be owned by it; and personnel who perfonn duties pursuant to this agreement shall receive the same payment, salary, pension, injury or death benefits, workers' compensation benefits, payment of expenses, and all other compensation and rights for the perfonnance of those duties, as they would have received for their regular duties in the service of the local government which they serve. Each local government shall be solely responsible for the payment of its costs associated with providing fire department equipment and personnel under this Agreement. 6. It is expressly understood that when an employee or volunteer of the responding local government is perfonning duties under the tenns of this agreement, that person is considered to be acting in the line of duty for the purposes of 42 U.S.c.A., Section 3796; is considered to be in perfonnance of duties within the provisions of Article 6228f, V.T.C.S., and Chapter 142, Texas Local Government Code; and shall be entitled to any other benefits which accrue under law as a result of injury, death, or loss which occurs while in the line of duty. 7. It is further understood and agreed that, in the execution of this Agreement and contract, neither member local government waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. Page 4 of 6 8. Each local government agrees that if legal action is brought under this Agreement, exclusive venue shall lie in Tarrant County, Texas. 9. The validity ofthis Agreement and of any of its terms or provisions, as well as the rights and duties of the Parties hereunder, shall be governed by the laws of the State of Texas. 10, Each member local government may terminate this Agreement upon thirty (30) days' written notice to the other member local government. 11. In case one or more of the provisions contained in this Agreement shall be for any reason held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision, and this Agreement shall be construed as if the invalid, illegal or unenforceable provision had never been contained in the Agreement. 12. This Agreement contains all commitments and agreements of the member local governments regarding mutual fire protection and emergency medical service assistance, and no other prior oral or written commitments shall have any force or effect. 13. This Agreement shall become effective between the Parties hereto on the day after it is fully executed and shall continue in effect until it has been terminated according to this Agreement. 14. This Agreement may be amended or modified by the mutual agreement of the Parties hereto, in writing, to be attached to and incorporated into this Agreement. Page 5 of 6 15. This Agreement shall be executed by the duly authorized official(s) of the Party as expressed in the approving ordinance, resolution, rule or order of the governing body of such Party, a copy of which is attached hereto. Executed this day of ,2000. CITY OF NORTH RICHLAND HILLS, TEXAS By: Larry Cunningham, City Manager Page 6 of 6 r Potential Participants Arlington Fire Department Azle Fire Department Bedford Fire Department Benbrook Fire Department Blue Mound Volunteer Fire Department Briar Volunteer Fire Department Burleson Fire Department Colleyville Fire Department Crowley Fire Department Dalworthington Gardens Fire Department Dallas/Fort Worth International Airport Department of Public Safety Dido Volunteer Fire Department Eagle Mountain Volunter Fire Department Edgecliff Village Volunteer Fire Department Euless Fire Department Everman Volunteer Fire Department Forest Hill Fire Department Fort Worth Fire Department Grand Prairie Fire Department Grapevine Fire Department Haltom City Fire Department Haslet Fire Department Hurst Fire Department Keller Fire Department Kennedale Fire Department Lake Worth Fire Department Mansfield Fire Department North Richland Hills Fire Department Naval Air Station/Joint Reserve Base Fort Worth Fire Department Pantego Fire Department Pelican Bay Volunteer Fire Department Rendon Volunteer Fire Department Richland Hills Fire Department River Oaks Volunteer Fire Department Saginaw Fire Department Sansom Park Volunteer Fire Department Southlake Fire Services - Department of Public Safety Spillway Volunteer Fire Department Trophy Club,westlake Department of Public Safety Watauga Department of Public Safety Westover Hills Volunteer Fire Department Westworth Village Fire Department White Settlement Fire Department .,_. ~'''''''''"'''''-''.~ .........-. ...-..,.-"......... .....-..-. ...._......:. .,_. ~,__, _._......,_~_~_--...~.....'<O-'_.. .,_..._........... -'~. ......, ..........__....._-<..__._,~............ _. _-......~......._.~._.__.._~.J~...'....... _............__....................... ""_"." ....._." .......... ¡;. CITY OF NORTH RICHLAND HILLS Department: LeQal Council Meeting Date: 11/27/2000 Subject: Eminent Domain ProceedinQs on EiQht Parcels of Land Needed for Street Widening; RUFE SNOW PROJECT; Resolution No. 2000-096 Agenda Number:GN 2000-139 The Public Works Department has been unable to reach an agreement with property owners and lending institutions on the purchase price for eight parcels needed for the RUFE SNOW DRIVE WIDENING PROJECT. We will continue to negotiate but this office needs authority to condemn if we cannot reach a satisfactory agreement in each case. Resolution No. 2000-096 authorizes the City to acquire the property by eminent domain Recommendation: To pass Resolution No, 2000-096. ',- Source of Funds: Bonds (GO/Rev,) Operating Budget Other Finance Review Account Number Sufficient Funds AvallaDle Finance Director Page 1 of RESOLUTION NO. 2000-096 WHEREAS, the City Council finds that it is necessary for the City to acquire right-of- way for the widening of Rufe Snow Drive; and WHEREAS, the City staff has not been able to satisfactorily purchase parcels 3, 4, 5,10,12,15,36 and 52 which are needed for a public purpose. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, that: 1. The City Attorney be, and is hereby, authorized to file eminent domain proceedings to acquire for the City the necessary right-of-way and other interests in land needed for the public purpose of widening Rufe Snow Drive, a public thoroughfare. Proceedings against parcels 3, 4, 5, 10, 12, 15, 36 and 52, and the owners of interests in said parcels, are authorized by this Resolution. 2. The City Council specifically finds that property rights which are needed in these tracts are needed for a public, municipal purpose. PASSED AND APPROVED this 27 day of November, 2000. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary Parcel Location Map II ~I 111 II 0 c= ~I :Þ=~ ~ ~: \\ L LI_ ~ :: L J Rufe SJDlOW Dr. " (S'fJP>-MrM) Street ~ M j ~ \ JImprovemeJDl~ 1 ",. '= 'PARCEL #5 ¡/lllyr <2 I,PARCEL #3 ~~ 'lL. '-ý '1 ,ata....7I~ ~ ! ))'~ ~PARCEL #4 ~PARCELS #;.'12 £ 15 ì! ~1J II Rufe SnOI' Dr, r -d /¡ ~ ~ _llmpmemenls': Y ~ 0 ~;:~ no / J J ;1 f":1,)-' m Jndœtria1 BlV1l - '\ ~ w lI_mIDr. j t :\ t:= D .?It ~ \, ~ PARCEL #36 " l:Æ H 1 æ; ~'!S: ( "\ II J!.)'; ~ ;$' ~.... ~ ~ Letis Dr ..4 ~ Jj , ~~ J ¡:;t PARCEL #52 ~ ' - Project LoooIion II Loo~ 820 ~ - orn~¡ / ~~~d"~- :;ã5Jn¡F~ ~~ \.l. -qr . i\... ~ ~ : " ~~ C I I 0 l dJ ~r--;; ,_II U I loo," j~ II '>-- /v Imlpv nr , ......... V X r\\( L N E 5 pJ: .. u c: .2J1 r\i~ '= October 10, 1995 43 ~ CITY OF NORTH RICHLAND HILLS Department: Public Works· . Çouncil Meeting Date: 11/27/00 Subject: Approve AQreement with the State of Texas for the Signalization Improvements at Cardinal Lane (W~lker Boulevard) and S.H. 26 - Resolution No. 2000-092 Agenda Number:. PW 2000-037 This project will consist of installing a traffic signal at the Cardinal Lane (Walker Boulevard) and S.H. 26 intersection. In addition to the new traffic light, S.H. 26 will be restriped from Walker Boulevard to Mega-Life Drive (Aegon) to include a left turn lane. This project will be 100% funded by the developer and a grant from the Transportation Equity Act for the 21 st Century (TEA-21). The developer has asked the City to sponsor this project and submit it with the City's list of street and trail projects for TEA-21 funding. The only w~y the developer can receive TEA- 21 funding is if the City sponsors the project. . As a sponsor, the City will be required to enter into an agreement with the Texas Department of Transportation (TxDOT). The agreement states the City will be responsible for 20% of the total cost of the project. The developer has indicated in writing that they will be responsible for any cost associated with the project. "- Recommendation: To approve Resolution No. 2000-092. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance. Review Account Number Sufficient Funds AvallaDle ·,'1 Finance Director Budget Director Page 1 of_ RESOLUTION NO. 2000-092 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 agreement with the Texas Department of Transportation concerning signalization improvements at the intersection of Cardinal Lane (Walker Boulevard) and S.H. 26. PASSED AND APPROVED this the 2ih day of November, 2000. Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary A III III ARCADIA NOV 1. 6 2000 November 16, 2000 NRH Public Works Mike Curtis Public Works Department 7301 NE Loop 820 City of North Richland Hills North Richland Hills, TX 76180 RE: North Richland Hills Town Center CSJ 0363-01-119 SH26/ Walker Traffic Signal Dear Mike, This letter affirms that E-Systems Pool Trust, Inc, and Northeast Crossings L.P, will insure the funding of the City's financial share of the project as identified in Attachment C and Paragraph 12.c of the LPAFA. Projected City share of costs are as follows: Upon Execution of LPAFA 60 Days prior to Letting $ 2000 $44,620 See the signed copies of this letter from Trademark and E-Systems Pool Trust attached. Sincerely, ~Q1;. Daniel B. Quinto Executive Manager North Richland Hills Town Center REALTY CORPORATION 5000 QUORUM DRIVE SUITE 205 DALLAS. TX 75240 972 . 774 . 9 1 1 0 972·774·9111 (FAX) TRADEMARK~ NOV 1 4 2000 Real Estate Investments & Development 301 Commerce Street Suite 3060 Fort Worth, Texas 76102 November 13, 2000 NRH Public Works 817.870,1122 Phone 817.429,2932 Metro 817.429.1815 Fax Mr. Mike Curtis Public Works Department City of North Richland Hills 7301 NE Loop 820 North Richland Hills, TX 76180 RE: North Richland Hills Town Center CSJ 0363-01-119 SH 26/Walker Traffic Signal Dear Mike: This letter affirms that E-Systems Pool Trust, Inc. and Northeast Crossing, L.P. will insure the funding of the City's financial share of the project as identified in Attachment C and Paragraph 12.c of the LPAFA. Projected City share of costs are as follows: Upon Execution ofLPAFA 60 Days Prior to Letting $ 2,000 $44,620 Sincerely, Northeast Crossing, L.P. By: Northeast Crossing Genpar, L.P., General Partner By: Trademark Retail, Inc., General Partner -Sa.o~ Senior Vice President By: www.tdmk.com ~" * I Texas Department of Transportation P.O. BOX 6868 . FORT WORTH, TEXAS 76115-0868 . (817) 370-6500 August 2, 2000 CONTACT: DD-CM CMAQ CSJ: 0363-01-119 SH 26 at Cardinal Lane (Walker Blvd.) And Mega-Life Drive Tarrant County Mr. Larry J. Cunningham City Manager City of North Richland Hills 6720 N.E. Loop 820 North Richland Hills, Texas 76180-7901 Attention: Mr. Mike Curtis, P .E. Dear Mr. Cunningham: Attached are two (2) original Local Transportation Project Advance Funding Agreements (LP AF A) between the State and the City of North Richland Hills for the above project. Both LPAFAs should be properly executed and returned to the Fort Worth District along with a check or warrant mad~ payable to the Texas Department of Transportation in the amount of $2,000. Along with the partially executed LP AF As, also include a copy of the City Council Resolution approving the document. If you have any questions concerning the wording of the document, please contact Joel Mallard at 370- 6591. Si~.o IL I P.e. fot- Charles L. conr~;;Q Director of Transportation Planning and Development JHM An Equal Opportunity Employer STATE OF TEXAS § COUNTY OF TRAVIS § CSJ: 0363-01-119 SH 26: from Cardinal Lane C'NaIker Blvd.) and Mega-Life Drive to FM 3029 Funding Category: CMAQ LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For an Congestion Mitigation Air Quality Program Project THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of North Richland Hills, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general tenus and conditions for transportation projects developed through this LP AF A; and, WHEREAS, the Texas Transportation Commission passed Minute Order 107737 that provides for the development of, and funding for, the project describe herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LP AF A by resolution or ordinance dated , which is attached hereto and made a part hereof as Attachment A for development ofthe specific project which is identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3. Amendments to this LP AF A shall be made as described in the Master Agreement, without exception. 1 4. Scope of Work The scope of work for this LPAFA is described as the installation of new traffic signals, and restriping at the intersection of SH 26 and Cardinal Lane (walker Blvd, and Mega-Life Drive. 5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in the Master Agreement, without exception. 6. Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement without exception. 7. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement, without exception. 8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services will be provided by the Local Government. The Local Government is responsible for performance of any required architectural or preliminary engineering work. The State may review and comment on the work as required to accomplish the public purposes of the State. The Local Government will cooperate fully with the State in accomplishing these local public purposes to the degree permitted by State and F ederallaw. 10. Construction Responsibilities will be carried out by the State, as stated in the Master Agreement, without exception. 11. Project Maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds a, Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. b, A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, state, and local sources. c. The Local Government is responsible for all non-federal and non-state funding, including all project cost overruns, unless provided for through amendment of this agreement. Q.. After execution of this LP AF A, but prior to the performance of any work by the State, the Local Government will remit a check or warrant made payable to the "Texas Department of Transportation " in the amount specified in Attachment C a£ tàe 19~al G:gRtrilmtigR fur PrelimiRaf)T ERgiReeriRg. Tb.e LgG:al Ggvemmem ',vill p~T ~ a minimum iti: mRgiag ~b.~e fur thi~ egtimateg ~g~t gfprelimiRa1)T eRgiReerÏng a~ ~t:¡teg ill the LgG::d PNjeG:t ~g\l~e~ :¡¡:¡g Ui:ei: gfFYRg~ p¡:g'.rii:Ï9R gftàe Ma~ter _'\greemeat. 2 ~ ~ e. Sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs and any others costs owing. £ In the event the State detennines that additional funding is required by the Local Government at any time during the development of the Project, the State will notify the Local Government in writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification. 13. Incorporation of Master Agreement Provisions This LPAFA incorporates all of the governing provisions ofthe Master Advance Funding Agreement (MAPA) in effect on the date of final execution of this LPAFA, unless such MAP A provision is specifically excepted herein, 14. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf ofthe party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts, THE LOCAL GOVERNMENT By: (Signature) Title: Date: THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Jennifer D. Soldano, Director Contract Services Office Date: 3 ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT APPROVING THIS LPAFA PLEASE REPLACE WITH CITY COUNCIL RESOLUTION APPROVING THE PROJECT. 4 t ATTACHMENT B y2ß~cí Proje(~t Location P71-~ 1~~~uu~:R~i~I~HLAND'Hr;\~: , ~ .;;r~.....I. V ~ II'p"S'-!IL' S \ r~'NNON ~~~ v w~jl ~ ~~IRI<'" .. ' f.~p; ~ 0 , , ~ ~ V'-" ,,'" ~ UMERICK-,z 0 ST PATRIe> '_) 3029 ~ ~ ~ ~ 9 J DONEGAl ~ ¡§~,. 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(j .... 1:: ~ ~ - ~ ..¡..I = ~ 1.0 ~ - o S2 ~ M * ATexas Department of Transportation ESCROW RECAPITULATION Highway SH 26 CSJ 0363-01-119 County Tarrant Project No. Limits Cardinal Lane (Walker Blvd.) and Mega-Life Blvd, Description Installation of traffic signals and modification of striping Type of Agreement CMAQ Scheduled Letting Date Agreement No. Date of Execution Requested By Section Date Entity Name Entity Code Joel Mallard District Design August 2, 2000 City of North Richland Hills 30500 Reason & Amount of Funds Requested Right of Way 0 $ 0,00 Preliminary Engineering [g] $ 2,000.00 Preletting 0 $ 0.00 Post Letting 0 $ 0,00 Construction Adjustment 0 $ 0.00 Total $ 2,000.00 To be Filled in by Outside Entity Amount Submitted Check # Date Submitted PLEASE RETURN THIS COMPLETED FORM WITH PAYMENT To be Filled in by TxDOT After Receipt Amount Received Date Received Processed Deposit INFORMAL REPORT TO MAYOR AND CITY COUNCIL N IR 00-149 o. ~ Date: T Subject: November 27, 2000 Recent RTC Action on the Cotton belt Trail Project During the Regional Transportation Council (RTC) meeting on November 9,2000 action was taken to correct a letting date on the Cottonbelt Trail Project. The letting date listed in the 2000 Transportation Improvement Program was fiscal year (FY) 2004, The RTC took action to change the letting date to FY 2001. The project is designed and will be ready for letting January 2001, This action by the RTC allows the funds to be available FY 2001 instead of FY 2004, The Parks Department staff coordinated with the Texas Department of Transportation and the CO,uncil of Governments regarding fhe status of the project and when funds would be ne~ded. Even with the coordination, the incorrect letting date was listed in the Transportation Improvement Program. Respectfully submitted, ~:1{ Cd;¿ ike~urtls, P.E. Assistant Public Works Director RMC/smm ISSUED BY THE CITY MANAGER NORTH RICH LAND HILLS, TEXAS Announcements and Information November 27, 2000 Announcements Join the City as we kick-off the holiday season at A Night of Holiday Magic on November 28th. Musical entertainment provided by Brave Combo, Grammy Award Winners. Santa Claus will be available for photos. Children will be able to decorate Christmas cookies and make Christmas tree ornaments. Hot chocolate and food will be available. Share in the spirit of giving with the NRH Fire and Police Departments. They are collecting toys for needy children in our area. Unwrapped toys can be dropped off at any fire station and the police administration. The Annual Christmas Tree Lighting Contest begins on Friday, December 1. If you want to nominate a neighbor for this honor, call 817-427-6650. Nominations will be accepted through December 8th and the Beautification Commission will present the winners at the Council Meeting on December 11. Be watching for your Recreation Guide, Time of Your Life, in your mailboxes this month. Registration for winter classes will begin during December. Information November 28 A Night of Holiday Magic NRH Library 6:30 p.m. November 29-30 Christmas ornament decorating for children NRH Library 3:30 p,m. in children's area November 30 Boards and Commission Dinner BISD Fine Arts Complex 7:00 p.m. December 5 Citizen Involvement Program City Hall 5:30 p.m.