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Home My WebLink AboutCC 2000-12-11 Agendas CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA DECEMBER 11, 2000 - 5:30 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 December 11, 2000 City Council Meeting (5 Minutes) 2. IR 2000-159 Linda Spurlock Park - Parking Lot Recommendation (15 Minutes) ~ ID 2000-155 Discuss Creation of Arts Fund (10 Minutes) ~. *Executive Session - The Council may enter into closed 4. Executive Session to discuss the following: (30 Minutes) Deliberation Regarding Real Property as Authorized by Government Code §551.072 1.) Land Acquisition for Rufe Snow Drive 2.) Land Acquisition for Parks 5. Adjournment - 6:50 pm *Closed due to subject matter as provide by the Open Meetings Law. If any action is contemplated, it will be taken in open session PO:;TEQ í~ \ ~ \OD DatE' <3'. b D ~ ,tf'¡ Time þ-/ýÇ.\ , City S. ecretary .'ì. ,'. . tuQ ~ J1P~_ø December 11, 2000 City Council Meeting Page 1 of 4 By CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA DECEMBER 11, 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 - Brownie Troop #1254 - Patty Murphy, Leader 3. Pledge of Allegiance - Brownie Troop #1254 - Patty Murphy, Leader Special Presentations 4. NRPA Gold Medal Presentation to the Parks & Recreation Department Presented by Richard Zavala, NRPA Trustee and Director of Parks & Community Services, Fort Worth, Texas Video Presentation of National Gold Medal Award 5. Removal of Item( s) from the Consent Agenda December 11, 2000 City Council Meeting Page 2 of 4 6. Consent Agenda Item(s) a. Minutes of the Pre-Council Meeting November 27, 2000 b. Minutes of the City Council Meeting November 27, 2000 PU 2000-050 c. Authorize Contract Extension for Annual T-shirt Supply to Active Impressions - Resolution No. 2000-097 PU 2000-051 d. Award Bid for Breathing Apparatus and Accessories to Casco Industries in the Amount of $20,182 PU 2000-052 e. Authorize Purchase of Mailing Machine from Pitney Bowes in the Amount of $23,162 PU 2000-053 f. Award Bid for Police Motorcycles to Kawasaki City in the Amount of $26,589 PU 2000-054 g. Approve Purchase of Bi-Directional Amplifier System for Birdville High School 7. PS 2000-35 8. PS 2000-44 9. PS 2000-45 December 11, 2000 City Council Meeting Page 3 of 4 Consider Final Plat of Lot 3, Block 14, Glenann Addition Requested by Mark Harwell on 1.976 Acres of Land out of the T.K. Martin Survey, Abstract #1055 Located at 8620 Martin Drive Consider Final Plat of Lot 4, Block A, Rufe Snow Village Addition requested by S.C. Equities on 1.024 acres of land out of the John Condra Survey, Abstract #311, located at 7150 Rufe Snow. Consider Final Plat of Lots 1-6, Block 1, Smithfield Corners Addition requested by Property Closing, LTD. On 8.44 acres of land out of the J. Barlough Survey, Abstract #130, located on the southeast corner of Mid Cities Boulevard and Davis Boulevard 10.PS 2000-47 Consider Final Plat of Lots 4-19, Block 1, Park Oaks Addition requested by Justin McWilliams on 3.878 acres of land replatled from Lot 1, Block 1, Perkins Addition and a portion of land out of the Mahaly Lynch Survey, Abstract #953 in the 6400 block of Harmonson Road. 11. GN 2000-140 Public Hearing to Consider Amending the Zoning Ordinance by revising Article 7 Communication Towers and Television Receivers, Section 735a, Spacing and Development Requirements - Ordinance No. 2531 Public Hearing to Consider Amending the Sign 12.GN 2000-141 Regulations Ordinance by Revising Section 13B Building Signs to Delete Sentence 2h thereby Removing the Restrictions for the Height of Letters of a Sign or Logo on a Canopy - Ordinance No. 2532 13.GN 2000-142 Consider TXU Gas Rate Increase - Ordinance No. 2533 14.GN 2000-143 Consider Resolution Authorizing City Manager to Execute a Developer Agreement with Arcadia Holdings, Inc for the North Richland Hills Town Center - Resolution No. 2000-091 15. PW 2000-038 Approve Covenant with Home Depot USA, Inc. for Use of Wayne Lane Street Right-of-Way - Resolution No. 2000-098 16. PW 2000-039 Approve Drainage Channel Maintenance Agreement with Home Depot USA, Inc. on Lot 1, Block 1, Home Depot Addition - Resolution No. 2000-099 17. a) Citizens Presentation b) Information and Reports ~. Adjournment December 11, 2000 City Council Meeting Page 4 of 4 fOS;rE9 ¡cl.!(IÓ(J DatE' 2>', ðO ~ tV'. Time By ~t. Cit~ Secretary J . µ--t~ J,)1, ~ INFORMAL REPORT TO MAYOR AND CITY COUNCIL * Date: .. Subject: December 11, 2000 Linda Spurlock Park - Parking Options No. IR 00-159 At a recent Council meeting we considered removing parking adjacent to Linda Sprulock. Council requested that we report back within 45 days with options on parking at the park. We will be prepared to'þresent various options at the meeting. Re ectfully SUbmitted'U cY) U Greg Vick: ; Managing Director of Community Services and Facilities GTV/ld '- ISSUED BY THE CITY MANAGER NORTH RICH LAND HILLS, TEXAS ", j INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 00 -155 * Date: Subject: December 11 , 2000 Creation of Arts Fund Recently when the Council was considering a lease agreement with Metricom for an antenna at the Bursey Road water. tower, a suggestion was made that Council consider using the revenues generated from this agreement and future communication tower agreements for establishing an ·art fund to provide a variety of arts within the city. Since this was a suggestion and was not on the Council Agenda for discussion, we were unable to discuss at that time but are now bringing this back to you for your discussion and any direction you may wish to give. Following the work of the citizen's committee studying cultural activities in our community, one of the ideas was to expand the number and types of arts and cultural activities for our citizens. Suggestions from the committee were to provide not only visual arts but also performing arts. Many times it is very difficult to provide funding for the arts when there are so many other needs. It appeared to staff that revenues from the new lease agreements for various types of communication towers and antennas, which were not budgeted or anticipated for the coming year, might be an appropriate way to establish a fund to accumulate monies for one-time art projects. We have expanded our cultural activities within ',,- the Parks and Recreation Department and establishing a fund to do special projects or special pieces of art would further help expand our opportunities for our citizens. If we are able,to use the funds from the lease agreements as mentioned, an arts fund could be established. That arts fund would need to be adopted by a resolution or ordinance that would outline the types of projects that could be provided with the use of such a fund. What staff would see would be non-recurring cost items or capital project type items. In other words, funds from these leases would not fund salaries or supplies, but special projects or special pieces of art. These funds would be used for acquiring pieces of art, providing sculptures, providing some type of specialized musical attraction, or used for some special performing arts company. But, again it would not be used for an annual recurring program; it would only be for special programming or special capital items acquired for community appreciation. If such an arts fund is' established, it would be our suggestion that monies be allocated from it no more frequent than once a year and in some cases it might be a piece of art or some type of project that could require three or four years of accumulation of funds to finance it. But the fund would not be something that would have to be depleted or allocated each year; it could be a continuing accumulation of funds to finance a larger project or even several smaller projects. We could establish a review process and have projects evaluated and recommendations brought to City Council for consideration and approval. .~ ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ " . Page 2 IR 00-155 I realize that there are a lot of differences of opinion with regard to local government's responsibility with cultural and arts projects and I know that we have a large number of needs within our city. I would very much appreciate your giving serious consideration to establishment of an arts fund with revenues from the most recent lease agreement and any future ones that we would appropriate the funds to this particular arts fund. I believe it would help us to further expand and enhance our quality of life for our citizens and give them some opportunities locally that are not always available in the form of cultural and arts projects. We look forward to visiting with you further about this and seeking any direction that you will provide on this subject. Respectfully submitted, ~~~ City Manager LJC/LD ~ ,,-. ,,,/ 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 27,2000 - 5:45 P.M. Charles Scoma Lyle E. Welch Russell Mitchell Frank Metts, Jr. 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 HartmaIÌ Jim Browne Bill Thornton Mike Curtis Terry Kinzie Thomas Powell Larry Koonce Donna Enos Andy Jones Steve Brown Jonita Morrow Mayor Mayor Pro T em Councilman Councilman 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 Information Services Director Support Services Director Finance Director Purchasing Agent Fire Chief Library Director Interim Human Resources Director JoAnn Johnson Councilwoman ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the Pre-Council meeting to order at 5:45 pm - Pre-Council Minutes November 27,2000 Page 2 - ITEM DISCUSSION ASSIGNMENT DISCUSS ITEMS Agenda Item No.1 0 - Councilman Metts confirmed FROM REGULAR that the City of North Richland Hills is receiving an NOVEMBER 27, additional $3200 per year in addition to the $7200 a 2000 CITY COUNCIL year per our contract with Sprint. Councilman Metts MEETING also asked if Sprint would be collecting the additional $3200 per year for the City of North Richland Hills. Mr. Micheal Brown of Sprint PCS advised Council Sprint would pay the additional $3200 to the city. NAN Agenda Item No. 6f - Councilman Phifer asked Mr. Curtis if he had a list of the owners for the proposed purchase of right-of-way on Rufe Snow. Councilman Phifer inquired who owned parcels 10,12, 15 & 36. Councilman Phifer was making sure he did not have a conflict of interest for this item. Mr. Curtis advised Councilman Phifer it was a company out of California. NAN Agenda Item No. 13 - Councilman Tolbert confirmed each loca1 government would be responsible for their employees insurance and benefits. Chief Jones advised Tolbert he is correct. NAN Mr. Greg Dickens advised Council TEX-21 is a IR 2000-148 statewide coalition working to find comprehensive UPDATE ON TEX-21 solutions to the transportation challenges faced TRANSPORTATION across Texas. EXCELLENCE FOR THE 21T CENTURY The TEX-21 committee has produced a package of transportation solutions consisting of 20 resolutions. These resolutions have been presented to TML and will be taken to the prospective legislatures to be promoted. Mayor Scoma advised Council and staff the next meeting for TEX-21 will be held on Friday, NAN December 15 in Fort Worth. IR 2000-147 Mr. Greg Vick advised Council the dates set by UPDATE ON Council at their last Council Meeting are in conflict LEGISLATIVE with the elected officials. Staff recommends meeting POLICY on Wednesday, December 13 at noon for a lunch r--O::SENTATION TO meeting. Staff believes there will be one or more E:I::¿CTED representatives from each elected official's staff and OFFICIALS one or two elected officials who may attend the meeting. If Council is not interested in having the meetinq on December 13 staff can cancel the Pre-Council Minutes November 27 2000 Page 3 - ITEM DISCUSSION ASSIGNMENT meeting and schedule individual meetings with elected officials and/or their staff. Mr. Vick asked which Council members would be interested in attending the meeting on December 13th. Mr. Cunningham advised Council staff would check bacK with Council to see who could make the meetinq. GV IR 2000-150 ML Quinto updated Council on the project update of UPDATE ON Town Center covering highlights and milestones of DEVELOPMENT the Town Center. AGREEMENT WITH ARCADIA FOR NRH Mr. Norwood advised Council there has not been TOWN CENTER any significant changes, in the development agreement. Mr. Norwood covered the four major areas of the development agreement: Public Facilities, Maintenar)ce Responsibilities, Parking/PID and Financial Considerations. Mr. Norwood advised Council staff was successful in acquiring a grant that would construct a 10 foot wide trail on both sides of the lake and a bicycle transit station that would tie in to Walker's Creek. Mayor Scoma asked what would happen to our agreement if the grant money would be diverted in some way outside of the city's control. Mr. Norwood advised Council the grant funding for the trail and bicycle transit station is stipulated in the agreement. Mayor Scoma would like to have it in our agreement that the city would not be committed to building should the funding be diverted from TXDOT. Mr. Norwood said staff would address that concern. Councilman Trevino asked who was responsible for maintenance of the lakes. Mr. Norwood advised Council that the city would be responsible for maintaining the lakes. Mayor Scoma inquired why the city does not designate the sales tax that is being generated from Town Center to accelerate construction or maintenance of the Town Center. The city is not going to take revenues from the Ad Valorem and other sources of income from the city to put into this Pre-Council Minutes November 27,2000 Page 4 - ITEM DISCUSSION ASSIGNMENT project. Mr. Norwood advised Council the option has been discussed but Arcadia is hesitant to project tax sales. Mr. Cunningham said part of our interest is to take the operating and maintenance cost as much as possible from the sales tax. Mr. Norwood identified the following outstanding issues: protesting of tax values, freezing of impact fees and cost of money by the developer. Mr. Norwood advised Council the agreement before them is not 100% in final form. There are some issues that need to be addressed, but staff is looking to bring this before Council for adoption at their December 11 City Council Meeting. Councilman Metts confirmed that the language in the agreement would address the protested tax value. Mr. Norwood advised Council it would be in the agreement. Mr. Cunningham advised Council that staff could have language that would include the certified taxable values of $260,000,000 (or benchmark amount) would not be protested. Mr. Cunningham advised Council staff put some language in TIF #1 that addresses protesting of values. If Council wishes, staff could use similar verbiage. Councilman Tolbert inquired about responsibilities of Homeowner Associations. Mr. Norwood advised Council they would be responsible for medians, landscape entranceways, landscape islands and common areas. Councilman Tolbert asked why the agreement does not address responsibilities of Homeowner Associations. Mr. Norwood pointed out the agreement references the Master Deed restrictions. The City Attorney is reviewing the Master Deed restrictions. Council discussed drainage concerns. Councilman Trevino voiced his concerns about possible damages caused by construction forces on completed phases that are accepted by the city. Councilman Trevino inquired if the city has anv Pre-Council Minutes November 27,2000 Page 5 - ITEM DISCUSSION ASSIGNMENT protection for construction of phase project or continuing phases by damage that is caused by construction forces. Example: A cement truck driving through a completed phase, goes through the median, and damages the irrigation system. Mr. Quinto advised Council that the construction traffic is routed outside of completed phases. Mr. Cunningham suggested that the City Attorney draft some language that would address Councilman Trevino's concerns. Councilman Trevino said a letter would be sufficient. This does not need to be in the agreement, since it is short term. The letter will state that someone is responsible for the damages Mr. McEntire brought the arbitration clause, on page 18 and 19, to Council's attention. In the past the city has avoided the arbitration clause. Mr. Norwood mentioned that he and Mr. Quinto agreed to remove that section from thè agreement. It was Council's consensus to remove the arbitration section from the agreement. Mayor Scoma asked for clarification on page 3 of the agreement - Franchise Utilities. Mayor Scoma did not see solid waste or recycling services mentioned under Franchise Utilities. Mr. Norwood advised Council solid waste and recycling services would be included in the agreement. Mayor Scoma asked Mr. Norwood to explain the 4% and 3% on page 6 of the agreement - development fee and charges. Mr. Norwood advised Council 4% is on the water and wastewater inspection and 3% is the streets and drainage. The value of the improvements that go into the development the city gets either 4% or 3% of the value as an inspection fee. Currently the city has an inspection and a plan review fee of 5%, but the city agreed to keep the developer locked in at 4% and 3%, since they started before the city adopted the new fees. Mayor Scoma asked staff to include the words "in writing" on 6(b), page 7. So it reads Advise a representative of the City in writing of any material omissions, substitutions, defects, or deficiencies Pre-Council Minutes November 27,2000 Page 6 ~- ITEM DISCUSSION ASSIGNMENT noted in the work of any contractor, subcontractor or materialman performing construction of the Public Use Improvements. It was Council consensus for staff to bring this developer agreement forward for action at the SN December 11,2000 City Council meeting. ADJOURNMENT Mayor Scoma announced at 6:50 pm that the meetinq was adjourned. Charles Scoma - Mayor ATTEST: Alicia Richardson - Assistant City Secretary MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - NOVEMBER 27,2000 - 7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order November 27,2000 at 7:03 p.m. ROLL CALL Present: Charles Scoma Lyle E. Welch Russell Mitchell Frank Metts, Jr. Don Phifer Joe D. Tolbert 1. Oscar Trevino, Jr. Absent: JoAnn Johnson Staff: Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Rex McEntire Mayor Mayor Pro Tem Councilman Councilman Councilman Councilman Councilman Councilman City Manager Deputy City Manager Assistant City Manager Managing Director of Community Services City Secretary Assistant City Secretary Attorney 2. INVOCATION Ms. Pamela Hogan of Richland High School led the invocation. 3. PLEDGE OF ALLEGIANCE Students from Mr. Gotuaco's Richland High School class led the pledge. 4. SPECIAL PRESENTATIONS Mr. J.R. Kimball, Chair of the "T" Executive Committee, updated Council on the Trinity Railway Express. He also presented Council with a replica of the Trinity Railway Express. City Council Minutes November 27,2000 Page 2 Mayor Scoma recognized the Wolverines from Pack 455 of North Richland Hills. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilman Mitchell removed item 6e, PU 2000-149 and Councilman Trevino removed 6f, PW 2000-036. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE PRE-COUNCIL MEETING' NOVEMBER 13, 2000 B. MINUTES OF THE COUNCIL MEETING NOVEMBER 13, 2000 C. GN 2000-133 -ALTERNATIVE FUELS GRANT EXTENSION - RESOLUTION NO. 2000-090 D. GN 2000-138 - APPROVE AUTOMATIC AID AGREEMENTS FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES WITH COLLEYVILLE AND HURST - RESOLUTION NO. 2000-094 E. REMOVED F. REMOVED Councilman Mitchell approved the remaining consent items. Councilman Metts seconded the motion. Motion to approve carried 6-0. 6E. PU 2000-149 - AWARD BID FOR 2001-YEAR MODEL VEHICLES APPROVED Councilman Mitchell asked what options the city has when accepting bids. Mr. Koonce advised Council if there is a local bidder within 5% of the lowest bid the city could award bid to the local bidder. In this case Hudiburg Chevrolet does qualify in terms of being the local bidder. ~ . ~_______.____~.~,_,~C~~"._.._~..<..,..___._,___~._..."__.,._,.__~M_"_".~'___~__~___'_·__~·__·_'_"·____"_~··---_.,-.,- City Council Minutes November 27,2000 Page 3 Councilman Mitchell moved to award bid to Hudiburg Chevrolet for the purchase of Chevrolet vehicles. Mayor Pro Tem Welch seconded the motion. Mr. Thomas Powell, Support Service Director, advised Council that Hudiburg Chevrolet did not meet city's specifications and did not bid on all requested vehicles. Hudiburg Chevrolet turned in an incomplete bid. Councilman Mitchell withdrew his motion. Mayor Pro Tem Welch withdrew his second. Councilman Metts moved, seconded by Mayor Pro Tem Welch to approve PU 2000- 149 as originally submitted. Motion to approve carried 6-0. 6F. PW 2000-036 -APPROVE PURCHASE OF RIGHT-OF-WAY FOR THE RUFE SNOW DRIVE/GLENVIEW DRIVE INTERSECTION APPROVED Councilman Trevino abstained from discussion and voting. Councilman Trevino removed item from consent agenda. He will be abstaining from voting. Councilman Phifer moved, seconded by Councilman Tolbert to approve PW 2000-036. Motion to approve carried 5-0; Councilman Trevino abstaining. 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 APPROVED Mr. Schuler was present to answer questions from Council. Mr. John Pitstick, Director of Development, addressed the request as it relates to city codes and ordinances and summarized recommendations of staff and the Planning and Zoning Commission. City Council Minutes November 27, 2000 Page 4 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 Trevino moved, seconded by Councilman Tolbert to approve PZ 2000-42, Ordinance No. 2530. Motion to approve carried 6-0. 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 APPROVED Mr. Ramsyck, applicant, was available to answer questions from Council. Councilman Tolbert asked applicant to describe current and future uses of buildings located on the property. . Mr. Bill Weaver, Shady Grove Baptist, mentioned the following uses for the buildings: lawn equipment, tables, chairs, sporting equipment, seasonal equipment (Christmas), craft materials, barbecue grill and storage of church van. Mr. Weaver advised Council the church would keep the buildings in good repair. Councilman Tolbert would like to see some, if not all buildings, be removed from property. Councilman Tolbert asked Mr. Weaver if he has an idea of when the construction will be completed. Councilman Tolbert asked Mr. Weaver and Mr. Ramsyck if they could match the stucco building to the masonry of the church being built on this property. Mr. Weaver advised Council it was possible, but no plans have been made to match the stucco of the existing building to the church. Mr. Ramsyck confirmed there would be no problem to match the existing stucco building to the new church. Mr. John Pitstick, Director of Development, addressed the request as it relates to city codes and ordinances and summarized recommendations of staff and the Planning and Zoning Commission. The 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. City Council Minutes November 27,2000 Page 5 Councilman Tolbert moved to approve PZ 2000-43 with the following conditions: the building barn be removed upon substantial completion of the auditorium, the concrete block stable be removed within one year after substantial completion of the auditorium and that the stucco building be made to match the masonry exterior of the auditorium. Councilman Trevino seconded the motion. Mayor Scoma asked Councilman Tolbert for clarification on which buildings he intended to keep on the property. The church utilizes the concrete block stable as a garage. Councilman Tolbert acknowledged that he meant to keep the concrete block stable on the property. Councilman Mitchell asked Councilman Tolbert to amend his motion to allow the church to bring the two buildings (concrete block stable and stucco building) to match the main structure as it is finished. Councilman Tolbert accepted the amendment. Councilman Trevino seconded the amendment. Councilman Trevino asked Councilman Tolbert to amend his motion to include the adjustment to the exterior of the building to match the church after the completion of the church. Councilman Tolbert accepted the amendment. Councilman Trevino seconded the amendment. Motion to approve carried 5-1; with Mayor Pro Tem Welch and Councilmen Mitchell, Metts, Trevino and Tolbert voting for and Councilman Phifer voting against. 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) APPROVED Mr. Ramsyck, applicant, was available to answer questions from Council. Mr. John Pitstick, Director of Development, addressed the request as it relates to city codes and ordinances and summarized recommendations of staff and the Planning and Zoning Commission. Councilman Trevino moved, seconded by Mayor Pro Tem Welch to approve PS 2000- 40. City Council Minutes November 27. 2000 Page 6 Motion to approve carried 6-0. 10. GN 2000-134 - AMENDMENT OF LEASE AGREEMENT WITH SPRINT PCS FOR IRON HORSE GOLF COURSE TOWER - RESOLUTION NO. 2000-095 APPROVED Mr. Terry Kinzie, Information Services Director, summarized GN 2000-134, Resolution No. 2000-095. Councilman Phifer moved, seconded by Councilman Tolbert to approve GN 2000-134, Resolution No. 2000-095. Motion to approve carried 6-0. 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 MEETING) -APPROVED Mr. Kinzie summarized GN 2000-127 for Council. Councilman Tolbert moved, seconded by Councilman Trevino to approve GN 2000- 127, Resolution No. 2000-088. Motion to approve carried 6-0. 12. GN 2000-136 - APPROVAL OF COMPENSATION PLAN MARKET ADJUSTMENT APPROVED Ms. Jonita Morrow, Human Resources Director-Interim, summarized GN 2000-136. Councilman Metts moved, seconded by Councilman Trevino to approve GN 2000-136. Motion to approve carried 6-0. City Council Minutes November 27,2000 Page 7 13. GN 2000-137 - APPROVE TARRANT COUNTY MUTUAL AID AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES - RESOLUTION NO. 2000-093 APPROVED Mr. Andy Jones, Fire Chief, summarized GN 2000-137 for Council. Councilman Tolbert moved, seconded by Councilman Mitchell to approve GN 2000- 137, Resolution No. 2000-093. Motion to approve carried 6-0. 14. GN 2000-139 - EMINENT DOMAIN PROCEEDINGS ON EIGHT PARCELS OF LAND NEEDED FOR STREET WIDENING; RUFE SNOW PROJECT - RESOLUTION NO. 2000-096 -APPROVED Councilman Trevino abstained from discussion and voting. Mr. Rex McEntire, City Attorney, summarized GN 2000-139 for Council. Councilman Phifer moved, seconded by Councilman Metts to approve GN 2000-139, Resolution No. 2000-096. Motion to approve carried 5-0; Councilman Trevino abstaining. 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 APPROVED Mr. Mike Curtis, Public Works Assistant Director, summarized PW 2000-037. Councilman Tolbert moved, seconded by Councilman Mitchell to approve PW 2000- 037, Resolution No. 2000-092. Motion to approve carried 6-0. City Council Minutes November 27,2000 Page 8 16. A. CITIZENS PRESENTATION None. B. INFORMATION AND REPORTS IR 2000-149 - RECENT RTC ACTION ON THE COTTONBEL T TRAIL PROJECT Mr. Curtis advised Council that funds will be available FY 2001 instead of FY 2004 for the Cottonbelt Trail Project. Mayor Scoma recognized the Library for receiving an award for the best Texas library in population of 50,000-100,000. A Night of Holiday Magic will be held on Tuesday, November 28th. The festivities will be held at the Library parking lot. The City is in the process of collecting unwrapped toys. Items can be dropped off at any fire station at police administration. The Annual Christmas Tree Lighting Contest begins on Friday, December 1. The new Recreation Guide, Time of Your Life, will be arriving in your mailboxes. Thursday, November 30 is the Annual Boards and Commission Dinner being held at the BISD Fine Arts/Athletics Complex, 16. ADJOURNMENT Mayor Scoma adjourned the meeting at 8:09 pm. Charles Scoma - Mayor ATTEST: Alicia Richardson - Assistant City Secretary CITY OF NORTH RICHLAND HILLS Department: Finance / Council Meeting Date: 12/11/00 Subject: Authorize Contract Extension for Annual T-shirt Supply to Agenda Number: PU 2000-050 Active Impressions - Resolution No. 2000-097 At the September 28, 1998 meeting, Council awarded the annual contract to supply T- shirts, golf shirts, sweatshirts and denim shirts to Active Impressions (PU 98-57). Council extended this contract an additional year at the December 13, 1999 meeting (99-050). T- shirts and golf shirts are used by various departments as part of their uniform and by the Parks and Recreation Department for the various sport leagues and special events. Departments order these shirts as they are required throughout the year. Active Impressions has offered to extend the contract an additional year with no price increases. The original specifications and contract contain a condition that the contract can be extended for two additional one year terms providing the company has provided good service and met all the requirements of the contract. Active Impressions has provided excellent service the past two years, orders are delivered by the requested date and they are a very knowledgeable and easy company to work with. They provide quality shirts and have very good design and silk screening abilities. This will be the last year the contract will be extended and will be bid next year. Attached is a spreadsheet detailing the .,,- proposed contract prices. Recommendation: To authorize the contract extension for the annual T-shirt supply contract to Active Impressions and pass Resolution No. 2000-097 authorizing the City Manager to execute the contract. J Finance Review Budget Director Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Director Page 1 of 1 ACTIVE IMPRESSIONS Annual Contract for T-shi BID # 98-81 Estimated Annual 1999 Quantity DESCRIPTION Prices 2,350 50/50 T-SHIRTS 3.35 1,622 100% T-SHIRTS 3.58 205 100% S/S HENLEY 8.29 50 100% LIS HENLEY 10.10 290 100% SMOOTH KNIT 10.35 GOLF SHIRTS 285 100% PIQUE KNIT 11.17 GOLF SHIRTS 50 100% PIQUE 2- TONE 14.88 GOLF SHIRTS 73 SWEATSHIRTS 9,75 85 LIS DENIM SHIRT 12,31 Miscellaneous Charges: Silkscreen 1 color $5.00 Additional screen color $1.00 Pockets $1.25 Add for XX large size $1.25 Add for XXX large size $1.25 RESOLUTION NO. 2000-097 BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager is hereby authorized to execute the contract extension with Active Impressions for the contract to provide T-shirts, golf shirts, and sweatshirts, as the act and deed of the City. PASSED AND APPROVED this 11th day of December 2000. APPROVED: Charles Scoma _ Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: ntire, Attorney for the City APPROVED AS TO CONTENT: Larry Koo e, Director of Finance CITY OF NORTH RICHLAND HILLS Department: Finance / Fire Department Council Meeting Date: 12/11/2000 Subject: Award Bid for Breathing Apparatus and Accessories to Casco Industries in the Amount of $20,182 Agenda Number: PU 2000-051 In the 2000/2001 approved budget, Council appropriated funds for the purchase of breathing apparatus and accessories. Formal bids were solicited for self-contained breathing units, cylinders and face pieces and the results are outlined below. Casco, Inc. $20,182 Advanced Fire Systems $24,684 Briggs Weaver $36,302 This equipment will replace old, outdated equipment that has become unreliable. Casco Industries Inc. met all the specifications and general conditions of the bid and can deliver the equipment within forty-five days. "- Recommendation: To award the bid for self-contained breathing apparatus and accessories to Casco Industries in the amount of $20,182. Finance Review udget Director Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Director Page 1 of 1 CITY OF NORTH RICHLAND HILLS Department: Finance I City Secretary Council Meeting Date: 12/11/2000 Subject: Authorize Purchase of Mailing Machine from Pitney Bowes Agenda Number: PU 2000-052 in the Amount of $23,162 The City has had a steady increase in the general volume of outgoing mail to be posted due to growth throughout the City and activities at NRH20 and the Recreation Center. The current mailing system, which was purchased in 1992, is worn out and becoming unreliable., This model was discontinued in 1998 and repair parts will become unobtainable. Some of the problems Staff is experiencing with the current system is the sealing system does not properly seal the envelope, the postage tape meter dispenser ,does not dispense sealant and each tape must be dispensed manually and the feeding : unit is worn out causing damage to envelopes and the contents. A newer system will allow . processing of mail to be more efficient and cost-effective. Staff is requesting to purchase new equipment from Pitney Bowes through the State of Texas Cooperative Purchasing Agreement. The total cost of the equipment through this contract will be $23,162. I l" The Local <3overnment Code states that a purchase made under a cooperative purchasing program satisfies any State law that would require the City to solicit competitive bids. Purchasing this equipment through the State of Texas Cooperative Purchasing program will be cost effective to the City as well as save staff time. Recommendation: To authorize the purchase of mailing equipment from Pitney Bowes through the State of Texas Cooperative Purchasing Program in the amount of $23,162. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 001-2501-514.7405 Suffi~~'Funds Available ¡(~/~- Budget Director " Øab216t& /:k~^-, De artment Head Si nature Page 1 of 1 CITY OF NORTH RICHLAND HILLS Department: Finance / Police Department Council Meeting Date: 12/11/2000 Subject: Award Bid for Police Motorcycles to Kawasaki City in the Agenda Number: PU 2000-053 Amount of $26,589 In the 2000/2001 approved budget, Council appropriated funds for the purchase of three motorcycles for the Police Department. Formal bids were solicited for three 2001-year model motorcycles. Five bid packages were mailed with two bids received. The results are as follows: Kawasaki City Piano Kawasaki $26,589 $28,590 The scheduled bid opening was extended once in an effort to obtain three bids. Staff contacted the companies that did not submit bids and received the following responses: Grapevine Kawasaki: does not have time to complete the paperwork Kawasaki West: no profit involved in selling to "a City American Kawasaki: wants to stay away from Police bikes but wants to remain on City bidder list. ~ This equipment will replace 1994, 95 and 96 units that are included in the scheduled replacement program. Kawasaki City met all the specifications and general conditions of the bid and can deliver the equipment within 90 days. Recommendation: To award the bid for three 2001-year model Kawasaki Police motorcycles to Kawasaki City in the amount of $26,589. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 510-7032-712.74-10 Funds Available Budget Director Finance Director ¡nature Page 1 of , ,.. CITY OF NORTH RICHLAND HILLS Department: Fire Council Meeting Date: 12-11-2000 Subject: Approve purchase of Bi-Directional Amplifier System for Birdville High School Agenda Number PU#2000-054 Radio signals cannot be received or transmitted by Fire and Police portables within many of areas of Birdville High School. These voids in radio coverage are a hazard for both our citizens and the Fire and Police personnel responding to calls within this facility. The Police and Fire departments worked with Motorola, the radio system manufacturer, and Birdville I.S.D. to find a ~olution to this problem. Technicians from Motorola have advised that the only cost effectiye solution is to purchase and install a Bi-Directional Amplifier system. A Bi-directional Amplifier (BOA) system is used to extend coverage into specific areas of a building, which cannot receive radio signals or need a boosted signal. By placing low proFile antennas throughout a buildil1g, radio traffic can be heard and transmitted from any poi t within the building. The price for this system is quoted by DFW Communications at $5· ,999.61. BI~ ) has agreed to assist in the purchase of this system. Funds totaling $30,000 were \--- ap;'oved and allocated in this FY budget for the completion of this project. All work will be co(-dinated with BISD personnel to minimize disruption of school activities and assure qu,ity installation of the system. Recommendation: It is recommended that the City Council approve the purchase and installation of this BDA system for Birdville High School. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget X Other Account Number 001-9006-532.34-30 Sufficient Funds Ävallable Finance Director Budget Director Page 1 of _ NOY-1S-88 18:47 AM @ MOTOIIOLA ,Ai.Jf"ðf'Ztta r"'Jo.W.iJ' R",<1.(' al)~;l.v nÞi¥ COMMUNICATIONS V DA TJ:;; November I~. 2000 ÇOMI)Al~Y: Cily of North RJchland Hills / BirdÙllc liigh School ATTN: Kirk MarculH Phone: (H 17) ~27-6926 "'AX: (RI7) ~2i-6906 Bi-Dil'l-ctional Am)lirïcr S)5lem (l'lut and It~!ì buildin):,) ITEM QTY DESCRIPTION UNIT $ TOTAL 1 4 ACE1012 UOA $5.25000 S21.000.00 2 13 I/Hcm;)1 AnLcnrJa S I 05 ,no 1,3650() 1 IHHO IRROn 1/2" Trilogy Cab\c S2,12 3.9H5.60 4 12 I/~" Jumper S 9 :U)() 1.116,00 5 1 1-W3) Po"cr Di\iùer S4(,() , 00 460,00 (, 9 2-Wa) Power Divider 5390.00 3,5111.00 7 2 Non-Pcnclrating Roof Mount 55 L 00 102.00 8 2 R<ldi<lmp 1212 S:UOOOO óAOO.OO 9 2 Radiamp PIS S ¡¡~O, ()() 360,00 10 2 Y~lgi Anlcnna $645,00 1.290,00 11 1 1/4" Jumper $107,00 107,00 12 J N-MaJc 10 N-rcmalc Conl1cctor $') LOO 91.00 n 5 N-Malc 10 N-Mu1c COCU1cctor $72.00 360.00 14 21 N-FcllIa1c Conncctor $33.00 693.00 15 1~ N-Malc ConnCClor s:n ot) 462,00 Bill Kcrmcd) DFW CommlJnic:)i()II~. Inc (817) 730-~.11<) C\I 301 J Sub Tolal . Shipping - 1nst¡¡!I . T¡¡~ - $41.301.60 413,01 13.285,o!) Total - $54,99961 PHICIN(; V1L/lJ FOR 30 /).4 YS FROM ABOVE I)A T£ 1)I'W Communications ('onliùcnlÜtl and PropriCIiH) -_. ....-.-...-.-..-.---.- --,.-- .-.--., .,'--.-- ..--- OM' . ....,..._._._.' . tr'¿l' Tt.,·¡.;,'-,~'.;.' Dr'·...·,f Ir"i,"~' ", "q..; ';'-,ji;t1:'; ~)T;': 'i,\i'lrt,t~),' fitX '.Jï¿ ..~_r,(I: LI .. 12 ni niC;¡IHI t'lrin;' ~v'l': 1:l~ . 1i.1,.-h:.,~b:..TI, T.,\.1.': ~I".~)S 1 ~.:''l ';Ji..I_'I;,.:m. Iltx !17:! 'l:~ I J 7',,"", ;l-I l:} C¡, L\ 1'1 Ih¡'''\''/ t'drt \\'¡,f'lJ¡. T,X,:I:: '7(: 11 ~ ,.,) '7 ;'hll ~1H (~¡), ~ 1 -: .2ío1-¡ :i:H~~) .. 1(") I f' n'''I''-'',;,! ~~uh' 1:J 1 At lIne;~.;(.. 1',., ,I:: ':"I;~'¡ 11 ",1¡.';N .J:;J~' I;,.x. ~17 :.::;'7 ~;S¡oò.S ..., CITY OF NORTH RICHLAND HILLS "I Department: Planning & Inspections Department Council Meeting Date: 12/11/00 "-- Subject: Consider Final Plat of Lot 3, Block 14, Glenann Addition Agenda Number PS 2000-35 requested by Mark Harwell on 1.976 acres of land out of the T.K. Martin Survey, Abstract #1055, located at 8620 Martin Drive. CASE SUMMARY The owner of this property, Mark Harwell is requesting approval of a Final Plat of Lot 3, block 14, Glenann Addition. This property contains 1.976 acres of land at 8620 Martin Drive just west of the recently approved Church of Christ. The purpose of platting this addition is for construction of a single family home on site. ",-, The property is zoned R1 S (Single Family) and has an existing house on the lot. Mr. Harwèll is requesting to be allowed to live in the existing house and construct a new home on the lot. At the completion of the new house Mr. Harwell will demolish or relocate the existing house. The applicant has provided a written response to the Public Works memo dated November 17,2000 and has made the necessary revisions to the Final Plat. Mr. Harwell is requesting a sidewalk covenant along Martin Drive. 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 Tuesday, November 28 and voted 6-0 to recommend approval of Lot 3, Block 14, Glenann Addition with the stipulation that a covenant agreement for construction of a future sidewalk be received and the existing house be removed or demolished within 4 weeks of final approval of the new house. The following motion is recommended: Approval of PS 2000-35 for a Final Plat of Lot 3, Block 14,Glenann Addition with the stipulation that a covenant agreement for construction of a future sidewalk be received and the existing house be removed or demolished within 4 weeks of final approval of the new house. "- Source of Funds: Bonds (GO/Rev.) Operating Budget Other = ~ _".JcP~~ Department Head Signature Finance Review Account Number Sufficient Funds Available Finance Director ~t~ L:\Cases\PS Cases\2000 Plats\PS 2000-35-41 Page 1 of 1 ._~--"_.,<----_._~--"_...__._-~--_.~-"_.~ , 5. PS-2000-35 CONSIDER FINAL PLAT OF LOT 3, BLOCK 14, GLENANN ADDITION REQUESTED BY MARK HARWELL ON 1.976 ACRES OF LAND OUT OF THE T.K. MARTIN SURVEY, ABSTRACT #1055, LOCATED AT 8620 MARTIN DRIVE. APPROVED ......~- Mr. Mark Harwell was present. Commission members inquired as to the remoyal of the existing house once the new house is completed. Mr. Harwell explained that he is living in the existing house while he builds the new house, but once the new structure is completed the old structure will be demolished in a timely manner. Mr. Lueck, seconded by Mr. Nehring, made a motion that PS-2000-35 be approved with the additional requirements that the existing house be removed or demolished within four weeks; of. the. applicant's, receipt of a Certificate of Occupancy, and that there be a covenant for the sidewalks. The motion passed unanimously (6-0). 6. PS-2000-44 .: , "'-.. '. , , CONSID FINAL PLAT OF LOT 4, BLOC~ ,RUFE SNOW VILLAGE ADDITION REQ STED BY S.C. EQU~TIES, QN 1.024 ACRES OF LAND OUT OF THE JOHN C RA SURVEY, ABSTRACT #311, LOCATED AT 7150 RUFE OW. " Tom June, Jones and 80 ,requested 'mination of the permanent east/west access on the north operty line, and t inclusion of a 28 foot access easement from the T Thumb through lot 4R 0 After discussio . Mr. Davis moved that PS-2000-44 approved with the following tw stipulations: 1) the permanent access ease nt on the north bounda ne be vacated, and 2) allowance of the 28 foot acces Page 3 11/28/00 P & Z Minutes 17 18 .l3....... 19 ~~ ~~.::- 20 ....It '~, =1_< (Do a:~ " ~~¡~ 5 :,,:~ A58 4 3 2 .;--.. :.:'.f (:'~ 1 ~l) ~. , .. Z t:'l _.' :-.... 1 L:.J :::':. '2 ,.'!r' '!:. .oJ.. !It 'lit 3 1: ~: 10 TR.88 1.47 AC I l ;:., ". ,- .. . 13 \ \, 5 \% '~~ ,., ..... ..." 14 , ;n.-..J i?!>NØ ~~ , \., 8 '!. .1<: 11 12 \ 14 ~\ ¡,... :os ,.,. .. 7 " .. :"! 6 17 18 .... ~ N :- 23 ;"" ;...,~ TR 12A9 2.69 AC :! ;~.~ .~ TR 12A6A .146 a TR 12A6 3.344 AC ~ ~:~~ ... TR 12Al 1 . 76 AC R 12A9 .606 AC .. ~ :! :'·s 8 ~ ,,~ ---¡--~--"--.--- 12 7 ~i I" :'1 ¡" ..j ,~I 'I :~ ~ ...., 13 14 ~ 15 6 ~:¡. 17 - a: 29 S ...; .., "..J 30 . ' ,- .'". w 31 ~: :~ ,.~ ~G?:: ~ ~ / " ;/'4\ " ,¿o/ \ ~:..- 5 ~\ W ~ ,,'.. ,:. 18 \ \"h; ~.. : »I ~' 16 32 ,.. E 9 10· 11 12. 13; 14 1 5 ~1( IP~2;::H .. '1 I IL TR 12ACA '~ .645 a ¡ h' I o:::~ ¡ ,::.,~.: fr h:~/:l! I ~'.:: . I ,it .- ì ~l~j ~t ------~r ~ ~ \ \ , \ PS 2000-35 Final Plat - Lot 3, Blk 14 Glenann Addition ! '~¡~;¡¡*!if:¡¡¡¡¡ilim¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡; : :':':':':':':':':':':Ht:!P,¿:;:::::::::::::::: ! ~~I~~~~~f_:~;.~:~ij¡f~¡¡¡¡¡¡~¡ ................~~-:;:}:.. ........ ~ 4 ::::::::::::::. ::::~::. ..::::;:::::::~:::::::~:::::::~: 1 :::::::::::::::¡ë:~5i:::::::::::::::::::: ~ ¡¡¡¡¡¡¡¡¡¡¡¡¡¡~~:h::~i¡¡¡¡¡¡¡¡¡¡¡~¡¡¡¡ :':::':':':':':':':':':':1110:':':':':':':':':':':':':':' -.;- ,~.. 41 4 ~ 3121 ..... 3 31 :. '''-:::4' TR 12A . qe AC ~ ~~x-. .~ TR 12AC;S2 7.707 AC -u tD<I: a- <I:!T' N- -N a: ~ :<>: .' 25· 24· 23 . 22· 21 ~~ ~ ':S; Ch~;C:~~"7 ~'~ i f~ ()f~ 'XII :;,x ~... ~~ÿt E 42 t ., 40 ~t! 43 = ,,-.- r~ .. ", ..' 56 ~:) 4 .- ,.... 57 ....; 58 :t 2 .... ." J ~ ~ 1 59 ~ :.;..l .,. J -- . .........".:"1 ...... _...~...'Oò.'Oò .-.--- .~ ------ '= \ '-- .- .,,<.,,, 1. ,. ~ " TR 12A108 4.973 AC TR 12A10 2.277 AC ó' .., r Js~;~~~:~C :J.~ TR 12A10Al 4.068 AC TR 12A10A~ 1 . 542 AC _._____M___.~'__~_.·.·_····~_··~<_'""_·m_·_______""_·~ NRH Public Works I Administration ":ITY OF NORTH RICHLAND HILLS November 17,2000 MEMO TO: John Pitstick, Director of Development FROM: Mike Curtis, P. E., Assistant Public Works Director SUBJECT: Glenann Addition,Block 14, Lot 3, Final Plat ''''''' -, Public Works has reviewed the final plat submitted on October 31,2000. The following items are for your consideration: 1. The current zoning needs to be clearly indicated on the face of the plat for the proposed lot and all adjacent lost. 2. The word "southeast" needs to be replaced with the word "southwest" in the first paragraph of the metes and bounds description. 3. The attached easement dedication needs to be incorporated into the closing paragraph after the metes and bounds decryption. 4. The Zoning Ordinance requires sidewalks to all public streets. The sidewalk will need to be added to the Utility Plan for coordination purposes. This plat will be ready to be placed on the Agenda for P & Z consideration after the above minor revisions are made to the plat. ~'X' RM 15m wm~1 Ò · One Attachment cc: Gregory W. Dickens, P.E., Public Works Director Julia W. Skare, P.E., Senior Engineer P.O. Box 820609 * North Richland Hills, Texas * 76182-0609 7301 Northeast Loop 820 * 817-427-6400 * FAX 817-427-6404 ~---,-~---_.. .....- ._--,_....~~-,~--,~._---_._"-_. .... - ...... ...... . - ~. AREA SURVEYING, INC. Registered Professional Land Surveyors 102 W. Trammell 81. Fort Worth, Texas 76140· (817) 293-5684 November 20, 2000 Mike Curtis, P.E., Assistant Public Works Director City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, TX 76182-0609 Re: GLENANN ADDITION, Block 14, Lot 3, Final Plat .......~-, Dèar Mr. Curtis: I have reviewed your comments and am pleased to make the following replies: 1. The current zoning needs to be clearly indicated on the face of the plat for the proposed lot and all adjacent lots. This item has been complied with. 2. The word "southeast" needs to be replaced with the word "southwest" in the first paragraph of the metes and bounds description. The field notes are correct the way they are written. The word, "southeast" refers to the adjacent tract, not the subject tract. 3. The attached easement dedication needs to be incorporated into the closing paragraph after the metes and bounds description. This item has been complied with. 4. The Zoning Ordinance requires sidewalks to all public streets. The sidewalk will need to be added to the Utility Plan for coordination purposes. We have shown a proposed sidewalk on the latest Utility Plan. However, my client intends to ask the city council for a waiver of this requirement. If you have any questions, please contact me. s~~ Roger W. Hart, R.P.L.S. C: Mark Harwell NQV 2 0 2000 NRH Public Works ,1 CITY OF NORTH RICHLAND HILLS '-... Department: Planning & Inspections Department Council Meeting Date: 12/11/00 Subject: Consider Final Plat of Lot 4, Block A, Rufe Snow Village Agenda Number PS 2000-44 Addition requested by S.C. Equities on 1.024 acres of land out of the John Condra Survey, Abstract #311, located at 7150 Rufe Snow. CASE SUMMARY Tom Thumb has purchased this property and is proposing to put a gas station at this site adjacent to the grocery store. This site plan for a gas station has recently been approved. -.." The property is zoned C 1 Commercial with a Special Use Permit to allow this use with the gasoline sales. A stipulation of the site plan requires a shared drive entry with the property to the north and no additional driveways on the northern lot. " All platting issues have been resolved according to the Public Works memo dated November 16, 2000. RECOMMENDATION: The Planning & Zoning Commission met on Tuesday, November 28 and voted 6-0 to recommend approval of Lot 4, Block A, Rufe Snow Village Addition. ',- The following motion is recommended: Approval of PS 2000-44 for a Final Plat of Lot 4, Block A, Rufe Snow Village Addition. ",---" Source of Funds: Bonds (GO/Rev.) Operating Budget Other - , .¿jÙ ..-J~ ~ Department Head Signature Finance Review Account Number Sufficient Funds Available Finance Director ~~~ L:\Gases\PS Cases\2000 Plats\PS 2000 44 Page 1 of 1 _.._-_.~..._---~.^'~._."..__.~..,.-,,_.-~,_._,-,----~---'- .,--,,~ ~ 5. PS-2000-35 C SIDER FINAL PLAT OF LOT 3, BLOCK 14, GLENANN ADDITION REQUES BY MARK HARWELL ON 1.976 ACRES OF LAND OUT OF THE T.K. MART SURVEY, ABSTRACT #1055, LOCATED AT 8620 MARTIN DRIVE. APPROVED "... Mr. Mark Harwell was present. Com 'ssion membe . quired as to the removal of the existing house once the new hou is c pleted. Mr. Harwell explained that he is living in the existing house while ilds the new house, but once the ñew structure is completed the ~ ructure . be demolished in a timely manner. ,,-./ Mr. Lueck, seconde~ Nehring, made a motion tha S-2000-35 be approved with th~,.;Kfditional requirements that the existing house 6 emoved or demolished wRt'í'in four weeks of the applicant's receipt of a Ce . Icate of Occupan.cy:'~nd that there be a covenant for the sidewalks. The motion passed unanjmbusly (6-0). ,~// /' ..// /' 6. PS-2000-44 CONSIDER FINAL PLAT OF LOT 4, BLOCK A, RUFE SNOW VILLAGE ADDITION REQUESTED BY S.C. EQUITIES ON 1.024 ACRES OF LAND OUT OF THE JOHN CONDRA SURVEY, ABSTRACT #311, LOCATED AT 7150 RUFE SNOW. APPROVED Tom June, Jones and Boyd, requested elimination of the permanent east/west access on the north property line, and the inclusion of a 28 foot access easement from the Tom Thumb through lot 4R only. After discussion, Mr. Davis moved that PS-2000-44 be approved with the following two stipulations: 1) the permanent access easement on the north boundary line be vacated, and 2) allowance of the 28 foot access easement on Page 3 11/28/00 P & Z Minutes --. 6EØ . 2 FAIR MF:J\DQW Df¿ 3 4 5 6 7 8 9~. bfEEEEE]j . !:)'f t,,.... ¥' ~í: /'-- TJ l' R ~... D~.Å.~"'.;t?=:.A,'V~ '''^'... ¡;J :3 4 __66............._... 1 1 -'>., 12 13 11 - 12 ~ '3 _. '- - 10 '1 12 13 14 15 16 I 2 1 12 13 ~ ~::: 5)'" , . ,., :,:; 35 34 33 32 .., 36 , 2 3 '·0" ,.. '.' ;:;' :m~g PS 2000-44 Final Plat - Lot 4, Bloc.k. A 3. Rufe Snow Village Addition ................. .:.:.::::::::::: ::::::::::::::::..:::.:::::::.:.:.:...: ·.·.·.·.·.·.·.-:·.·.·.·.·.·.·.·.·z·. ......................~..:.:;:.:. ::::::::_:::I«~:::::::::: .... 1 CN ..................................._ , .5615 II i~~~~.~~;~;ø~.:. .... .:~' ¡ ~:~ ¡¡¡¡¡¡¡~¡~¡~¡~¡¡¡¡¡¡¡~¡~¡~~~¡~~~~~~~~¡ cs r,:! :.:.:.:.:.:..... ..... ....... ~ 1 "! ~..47:~l!llill ~ : ~... " ! L... ¡ . i! ~ ii ¡¡ iI íi .1 It :1 :i~' !pt: TRACT B ¡ ¡" _~ . 517 AC ¡¡ II il o~'-:~i i ~:~: "¡r~ ,;.;~ !Ì ii ¡¡ " -, II ij iI II ¡¡ ii :, :I iì ¡¡ ., II !!qr ¡:::. H~:~! II 'I ,:':1: ¡i''': k :;"',',1 ,.~ : t· 1=[ ~'I: ¡ !;~,",~ :-.0 ; i· ":i ~ ~ ~Oi ~ ~~ ::'2" ~ 7. f.;) ::f; ,., ~..< :0 ;roo" ~ ;...:..~ 18 3.868 @ -<. :-:"", :--... ':'; .....¡: ," ~ 3 18 3.868 II :.~ :~ '" .~ ~ A1 1A 1 .338 AC 8 2 A2 10 9 8 7 61 -- . -- - TR 1G .918 AC ;...., 2 , .0 C! \$0 :¡-~ cØ: 1 \c,\\ , .644 11\:\ \' ~ 2 .80 II F.ÚfÞ ~ ~- 'O"W S~ . G£ \T11Lt\ A 1 .." 8.23 II ~ O~ "( S1;\ \)\)~ "('~£. ~ ~ t, ~\\..\..þ,.G ci" 'V ~1 8.23 I! ~~ :Oe$ :.;, ; r: ~.1. 'r =--~ ~::r ':? T? -:~ ':".~ o,'\~tt ~ 3A 1 2.31 AC 38 .574 II .. TR 3A7 B.286 AC NRH Public Works / Administration CITY OF NORTH RICHLAND HILLS November 16,2000 MEMO TO: John Pitstick, Director of Development FROM: Mike Curtis, Assistant Public Works Director SUBJECT: PS 2000-44; Rufe Snow Drive Addition, Block A, Lots 4R & 5 Final Plat "'-" -, Public Works has reviewed the final plat submitted on November 15, 2000 for the Rufe Snow Addition, Block A, Lots 4R and 5. All issues have been resolved and the plat has been revised. The plat is ready for Planning & Zoning consideration. ~l~ ~1m MC/smm pwm2 0-218 P,Q. Box 820609 * North Richland Hills, Texas * 76182-0609 7301 Northeast Loop 820 * 817-427-6400 * FAX 817-427-6404 i'\ CITY OF NORTH RICHLAND HILLS '-- Department: Planning & Inspections Department Council Meeting Date: 12/11/00 Subject: Consider Final Plat of Lots 1-6, Block 1 , Smithfield Comers Agenda Number PS 2000-45 Addition requested by Property Closing, LTD. on 8.44 acres of land out of the J. Barlough Survey, Abstract #130, located on the southeast comer of Mid Cities boulevard and Davis Boulevard. CASE SUMMARY The owner of this property is requesting approval of the Final Plat of Lots 1 through 6, Block 1, Smithfield Corners Addition. This property contains 8.44 acres and is located at the Southeast corner of Davis Boulevard and Mid-Cities Boulevard. The purpose of platting this addition is for development of the property into 6 commercial lots. '"'- The property is zoned C1 Commercial and is appropriate for limited retail and service uses.~· A Walgreens Drug Store is planned for Lot 3. A bank, three restaurants, and a lube center has been discussed as uses on the other lots. Lot 6 does include a detention pond to handle the drainage in the area. One issue on this plat is the creation of a Dead End street. If this plat were approved, Freda Lane would terminate at the South property line of Lot 5. While it is not typical to create dead end streets, it would provide a buffer between the commercial and residential properties. The applicant has provided a written response to the Public Works memo dated November 13, 2000 and has made the necessary revisions to the Final Plat. RECOMMENDATION: The Planning & Zoning Commission met on Tuesday, November 28 and voted 6-0 to recommend approval of Lots 1-6, Block 1, Smithfield Comers Addition with the stipulation that a maintenance agreement be filed on the detention pond and a typical 6 foot masonry wall be approved for the entire length adjacent to residential property . The following motion is recommended: Approval of PS 2000-45 for a Final Plat of Lots 1-6 , Block 1, Smithfield Corners Addition. Source of Funds: Bonds (GO/Rev.) Operating Budget Other = 4J ~oe~ Finance Review Account Number Sufficient Funds Available Department Head Signature L:\Cases\PS Cases\2000 Plats\PS 2000 45 Page 1 of 1 <,.. ~_....4__~_<~'__··_··__..__'_._. '--I~t-4R. Mr. Welch seconded th~,_~g_~ion,:-Ih.e.-motlorl 'ReS a~animously (6-0). .. _ . _ -" '-".'---.---- ~ -- 7. PS-2000-45 CONSIDER FINAL PLAT OF LOTS 1-6, BLOCK 1, SMITHFIELD CORNERS ADDITION REQUESTED BY PROPERTY CLOSING, LTD. ON 8.44 ACRES OF LAND OUT OF THE J. BARLOUGH SURVEY, ABSTRACT #130, LOCATED ON THE SOUTHEAST CORNER OF MID CITIES BOULEVARD AND DAVIS BOULEVARD. APPROVED '-, Wayne Flores from Washington Associates was present. John Andrus, Property Closing Ltd., was also available to answer questions. Mr. Flores confirmed that there will be a maintenance agreement for the 7 foot deep detention pond before it goes to Council. Mr. Andrus indicated that a formal site plan for landscaping has not yet been submitted, but he did plan to hide the detention pond through the use of landscaping. He will submit the landscaping plan at the same time that he submits the plan for the 6 foot masonry screening wall which will be built along the line of 6, 5, and a small part of 4. As each lot is developed, the masonry wall will be continued, with like materials. Mr. Andrus indicated that he will keep specific control over the architectural material of the wall through the use of a reciprocal easement agreement. Mr. Davis made a motion on PS-2000-45 for recommendation of approval to City Council with the maintenance agreement being submitted prior to plat going to City Council regarding the detention pond, and that a typical masonry screening wall detail and the landscape plan for Lot 6 be submitted at time of building permit. Mr. Lueck seconded the motion. The motion passed unanimously (6-0). Page 4 11/28/00 P & Z Minutes 14 16 ~ 3 w " t" a: .... TR 2C2 ,. ~ i TR.2B .q5 AC ~ TR.2C P:O- ~ ;0'1 ...._----- l ..~¡.~~..u. 1,: {.~.~jJ .L:~r:1æ·:.. L:tJ=:=:..::::;..:.~ , r .: t: .S~S\t~S ,.. ....:. ........ ... ....... ...! cØ \1 \. 84;".: !n..~ 17R TR.4 5.443a TR 4 5.4430 TR 5C1 2.36B AC ~- .~ .-/ ___I fA 1 C~ .. t:: I T J (:::> f3t.. \1' [) --- ------..... --. TR 4E " 2 AC ~ TR 5C 1.1::14 D h:.:.:.:.:.:::.:.:::~:;:;:;:;:;·;·;::· ::::::::::::.:.:.:.:::;:=:::.:.:.:.:.:.;:.:...:..........:'.~, . .~ :::::::::::::::.::::::::J:R'_:::: ::::::::::::::::::::.:.:::::::::::::::::::.:::.:::::::::::::::::::::::::::::~~ _ A); ~~¡~¡ ~!~!~~~~~~~~~~~~~!~!~~~~~~~~ ¡¡~~¡¡~¡~~~~I_~~~~¡~~~¡~¡¡~¡¡~~¡¡¡¡~¡~¡~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~¡~¡~~~¡~~~~~1Bffi f..:::::::: ::::. ::::::::::::::::::::::::::::::::::::::::: ::::::::::::1*i:.:::.::::::::::::::::::::::::::::::::::::::::::::::::::m::::::~::::::::::;:::::::::::::::::;::::::: Â~!'j"'II'IIII_._..J".'."...... :'.~.r.:-:~., ~::~ :::::::::::::::::::::::::::iNi~::jr~:::::::::::::::::::::::::::: .. 1 ··Ÿ~m:.· .... H ...........................;"(<{,l(.....::"(~............................ ;.. :.:::.:::.:.:.:.:::::.:.:.:t ::::::::::;.:::::.::::::::..:.:............................................ '~j C ¡';. 1 ~ 2 "! 3 ~; 4 ~ 5 .:::;:;:;:;:;:;:;:::;:;:;:;:; ~. ;:;:;:;:;~:;::::. 4A5B 4A5C B .:::::::::::::::::::::::::::::::* .................. .::: . :~ 1:......... ......... ....... ..... .........;MJ¡¡:...... 4A 7 4A ,·r' - . .tIBn!¡¡¡¡i~'~i :~~ =<,~ PEAR:: 3 ',. 'f;Îi~lii11.¡¡f¡¡¡~i¡ ¡~ ¡III! TR.4A3A TR.4A38 A ~! D l' ................................ ..... ...... --. ..~ 1 7'*» -----, I 1/ ....:. ..... ~:~ivii ;\i{.~: ~:~~ ;...: ::,\~....; C::F-: .... ............ .:).,~.. ", SÙNN'<W r:::~OO ¡.ir;. ".;-) gt~ 1 ')3 L, TR.6Al .94 AC 4 :.: .~ PS 2000-45 Final - Lots 1-6, Block 1 Smithfield Corners I I I I / TR 6C2 3.2121 AC ::c 13 ~ .[J;¡\ ?c ..... ~ ........ TR.6A4 9.67 AC . :.:......,;: ~. ^- TC RR NRH Public Works I Administration ~ -". CITY OF NORTH RICHLAND HILLS November 13, 2000 MEMO TO: John Pitstick, Director of Development FROM: Mike Curtis, Assistant Public Works Director SUBJECT: Smithfield Corners Addition, Block 1. Lots 1-6; Final Plat '" Public Works has reviewed the final plat for Smithfield Comers Addition, Block 1, Lots 1- 6. The following items are for your consideration. 1. A masonry screening wall will be required for this development. The current ordinances do not require the wall to be constructed until the individual lot is developed. Since this plat consists of 6 lots, it may be some time before the wall is constructed adjacent to the detention pond. Public Works is recommending that the masonry screening wall be constructed from the southeast corner of Lot 6 to the northwest corner of Block 1 A, Lot 8 with this plat. 2. A Maintenance Agreement will need to be submitted and approved by the City prior to the plat going to City Council. 3. Public Works is recommending that landscaping be installed around the north and east sides of the detention pond. We have been receiving complaints concerning the appearances of detention ponds located in highly visible areas. There are additional comments regarding the engineering and construction plans. These comments are recorded on a set of blueline construction plans. The plans have been returned to the engineer for revision. lJ'4J , té'^ l 1_ R /s iTl/pwm 000-21 cc: Gregory W. Dickens, P.E., Public Works Director P.O. Box 820609" North Richland Hills, Texas" 76182-0609 7301 Northeast Loop 820 .. 817-427-6400 .. FAX 817-427-6404 "-. - - .-.~..-- --P - ... - NOV 2 0 2000 Jon Andrus Vice President Development NRH Public Works November 16, 2000 '"'-- Mr. Mike Curtis Assistant Public Works Director City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76182 RE: Smithfield Corners Addition, Block 1, Lots 1-6 Final Plat Dear Mike: In response to your memo dated November 13,2000 to John Pitstick, we are willing to do the following: 1. Agree to build a six foot high screening wall from the southeast corner of Lot 6 to the northwest corner of Block lA, Lot 8 with this plat. 2. Agree to sign a Maintenance Agreement for the detention pond. Our only request is that the agreement is assignable to the eventual owner of Lot 6. The Reciprocal Easement Agreement that covers the entire project obligates the owner of Lot 6 to maintain the pond. 3. Agree to landscape the northern and eastern sides of the detention pond with shrubbery. I hope this is helpful in easing concerns with surrounding neighbors. We are glad to cooperate and look forward to a successful completion of the platting process. Sincerely, ~E1;~ dwlkpdealsmidcit. 5950 Berkshire Lane Suite 450 Dallas. Texas 75225 tel 214.891.3222 fax 214.891.3223 .' CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 12/11/00 Subject: Consider Final Plat of Lots 4-19, Block 1, Park Oaks Agenda Number PS 2000-47 Addition requested by Justin McWilliams on 3.878 acres of land replatted from Lot 1, Block 1, Perkins Addition and a portion of land out of the Mahaly Lynch Survey, Abstract #953 in the 6400 block of Harmonson Road. "', CASE SUMMARY Justin McWilliams, the owner of this property is requesting approval of the Final Plat of Lots 4-19, Block 1, Park Oaks Addition. This is a replat of a single lot subdivision and a portion of a survey and abstract property. This property contains 3.878 acres and is located in the 6400 block of Harmonson Road. The purpose of platting this addition is for development of the property into 16 single family residential lots. The property is zoned R3 Residential and is appropriate for single family homes. The current R3 zoning district requires a minimum of 7,500 square foot lots with a minimum of 1,600 square foot homes. However, the average lot in this addition is more than 8,000 square feet and the developer is planning to build homes in the 1800 to 2200 square foot range. The applicant has provided a written response to the Public Works memo dated November 21, 2000 and has made the necessary revisions to the Final Plat. The proposed plat and development is in conformance with the current Thoroughfare Plan and Comprehensive Land Use Plan. This area does fall into the proposed South Grapevine Highway Planning Area. RECOMMENDATION: The Planning & Zoning Commission met on Tuesday, November 28 and voted 6-0 to recommend approval of Lots 4-19, Block 1, Park Oaks Addition. The following motion is recommended: Approval of PS 2000-47 for a Final Plat of Lots 4-19 , Block 1, Park Oaks Addition. Source of Funds: Bonds (GO/Rev,) Operating Budget Other Finance Review Account Number Sufficient Funds Available Department Head Signature Finance Director Jt?2~ L:\Cases\PS Cases\2000 Plats\PS 2000 47 Page 1 of 1 8. PS-2000-47 CONSIDER FINAL PLAT OF LOTS 4-19, BLOCK 1, PARK OAKS ADDITION REQUESTED BY JUSTIN MCWILLIAMS ON 3.878 ACRES OF LAND REPLATTED FROM LOT 1, BLOCK 1, PERKINS ADDITION AND A PORTION OF LAND OUT OF THE MAHAL Y LYNCH SURVEY, ABSTRCT #953 IN THE 6400 BLOCK OF HARMONSON ROAD APPROVED '" Mr. Kevin Miller, Civil Works Engineering, was present to answer questions. Mr. Davis inquired as to when we will have exhibits. Mr. Miller stated that the sUrveyor who did the plat will be preparing those exhibits. Mr. Miller also explained that corner clip easements will be visible on the boundary surveys for Lots 4 and 19 to allow for the turn-in and turn-out. Mr. Laubacher made a motion to approve PS-2000-47, subject to exhibits. Mr. Welch seconded the motion. The motion was approved unanimously (6-0). 9. ADJOURNMENT The Chairman adjourned the regular meeting at 8:00 p.m. Chairman Don Bowen Secretary Ted Nehring Page 5 11/28/00 P & Z Minutes 37 15 36 16 35 17 34 18 lq 33 2Ø 32 _. ! - .-.............-...-..-........--..----.... .....--...-----...-....-- --- JfJ --..... ---..... -',~ "" ~.' 12 ;~ '~_.- 47 ...:.: .. ~ TR 2E1 .* .'_ i.~f.:f) TR 2E3 / .~ TR 2E2 í/J, 46 ' - . ... .,,"! ~~7 35 if ';~ 10 r'''·'--'W/7//.-/. :-z-'; ",,-.!Ii "".f ~. '. J i ~ , g"&!-J£i~ ~~ 2 Wß~~ 7':" ., 44 21 ~"~a ~~ ~". 'ß'//. , ", :, -,; ~ /' / /:/. __ ~ 4,<'~ ':" 'l/ '/ // /:/. ..J ,,' 'IC ,,, "/ -' ...., '/ i :', 42 .,~ ,': I'" ~,. :.::,: TR 0/ '%ø . ",~.. ,- 2J2 ~ ,/); TR ,'~ .:,~>." ;'" 2J3 , 'l/ 2J6 -::-'--- ~ ,:.:~:<~.,:.. ' 6 ~ ~ ~ ~~ "-;-¡-'0i~~ . · ~ ':::~:~~:~".;...~.' ,.' · " -.,,4 ~ ~ 1 '::; :: J ~ I~. TR 2J1 . .@ ~ .. 2 4 ,:. !:/ !%?"./:"/// .' '::' :~_____~".)___ ,.' 5 "I ~_.;~~ .~~~ " .:~ . ri " ~: n. ''II' // 'l' ~ " ¡ 5 . 4 :c..~ ; 1 ;. '~1 ·T..·.. T····/.(··//. , , " ." ,:,~;rn:,\ :.::.::;~ .2~_-t .. ~.. 38 ~~ 36 35 34 33 I 32 ..- i h ....-..1 (,~'<'fl~' l.- I"~ ' I' 11 po. , . .L:(' I I ::\.. ~',> k ,:50 ,.,t' "~ . I f..~ j!~[~ / :.!,O :'l~ 1 I !~!!" gf 5 2~ <'. .0/::j: ..~ ; > ,,,~6 1 II I ..~'.:~ " 27 ~ 7 :: L· 1 7 ,;, ": :~,. I í~; . 7 !i) 11 ::s; 8. I~V I~' 26 . E. '.~' j ::,';;: 1'..< 6 ,\ 18 I:Z ..' r - - L ~'- :~ _ .', 9 I ;'.:: ! ,~x "" "'~ .~;.. 18 25 . q"-t:;.~ ./ :::,.: ¡{! 5 ;J' 24 ~ .~ L '. J V ~··1 ~.< I 1 O~. i;'~ It- ,~, ,'/: \ 25 ::} l' 4" ,i. :~ :~,. :,,,. 2 2 3 ,. '.' ~,~ ~~ ;d t. .. J." :: 1 I"'" ," ~.. 22~ 12 ~ L--~-' ..... I 21 I I 13 Ii I"··:··~·,.···,.··":-:·-,:::,:'::-,;"£':\':7:;;-: --~ ...., 2 1 ' .. ..::.:·:Y N'" ~,. ¡ ¡..; '... I 14 I I 10 9 a q I ¡ I ._. 8 I' Y '0 ~ -, 15 I' 11 7 i J j PS 2000-47 Final Plat Lots 4-19, Block 1 Park Oaks Addition 14 8 I I 43 I I ¡ [ 42 i ¡ I I 41 I 15 7 '.- 16 1 /1 6 ... 1- 17 5 4 lq 3 2Ø 2 1 I I lØ 7 .:" 9 ~ rI 6 I " :.:..~ 16 12 1111 ¡;::;6 "-p. "'... -....-..---.... -- TR 2F2 ~..__._ 1 I ....... ..._....fIo· I r TR 2K 5A I - TR 2J7 TR 2J8 TR 2Kl TR 2K2 TR 2K3 TR TF 2K4 2K .7, AC -, I .. J~) r 31 3Ø 2q 28 27.1 ~6 25 24 , 23 I ¿;~~_:~.: ~ 6 I // /' . /' - 1 , " ·..·r..:'· ;/" ~--- - 4 9 8~/ I I I / 5 6 7 - 8 27 9 26 ~ 4Ø~ 39 _ 12 I I 38 1 2- 13 L- 14 14 - lØ 11 25 24 / . I.^ 23 / ';r~ 22 /~ 211 ~ 16) 2Ø 16// 17 IB I I. I fjV- 1 L I ^.N 0 : ::;;;;,Jt"-' H L. ¡---rr' ~.::: I ~ .1. _~ T ;~ 15R 16R 17R 18R..~~ti7' I ~;¿ '7"; 2 ~..' 1 Ir..~· ~V' ~.~. I 12 13 15 NRH Public Works / Administration CITY OF NORTH RICHLAND HILLS November 21,2000 MEMO TO: John Pitstick, Director of Development FROM: Mike Curtis, P.E., Assistant Public Works Director SUBJECT: PS 2000-47; Park Oaks Addition, Block 1, Lots 4-19; Final Plat Public Works has reviewed the plat submitted to this office on November 17, 2000 and offer the following comments. 1. An offsite drainage and sanitary sewer easement is required for this plat. It is our standard policy to receive the metes and bounds description, exhibit and easement forms prior to the final plat being forwarded to the Planning and Zoning Commission. However, since there is only one Council Meeting in December, if the owner will agree to have the necessary documents prior to this plat going to Council, we will forward to the Planning and Zoning Commission this month. A more complete review of the construction plans will be made at a later date. The engineer will be contacted concerning the construction plans. ~ttQ ~j;; R /smm/pwm2 0-220 cc: Gregory W. Dickens, P.E., Public Works Director Julia Skare, P.E., Senior Staff Engineer P.O. Box 820609 * North Richland Hills, Texas * 76182-0609 7301 Northeast Loop 820 * 817-427-6400 * FAX 817-427-6404 JUSTIN MCWILLIAMS November 21,2000 City of North Richland Hills P.G. Box 820609 North Richland Hills, TX 76182 Attn: Mike Curtis FA~('\n)yal-loc40t{ Re: PS 2000-47; Park Oaks Addition, Block 1, Lots 4-19; Final Plat ""'-'.' In response to your letter dated 11-21-2000 we understand and agree to provide the necessary exhibits including metes and bounds description and easement forms prior to final plat being forwarded to the Council for the December Council meeting. Sincerely, ~ ~ P,Q, BOX 7468 FORT WORTH, TX 76111-7468 PHONE: (817) 222-2300 . FAX: (817) 222-0095 CITY OF NORTH RICHLAND HILLS ',- Department: Planning & Inspections Department Council Meeting Date: 12/11/00 Subject: Public Hearing to Consider Amending the Zoning Ordinance Agenda Number: GN 2000-140 by revising Article 7 Communication Towers and Television Receivers, Section735a, Spacing and Development Requirements. Ordinance 2531 CASE SUMMARY Article 7 of the Zoning Regulations deals with Communications Towers and Television Receivers. This section requires that all communication towers receive approval from City Council through a Special Use Permit. Other requirements require that the applicant document a distinct need for the tower, provide adequate spacing from other towers and provide shared space on the tower for other users. "'. While this Section talks about visual impacts and removal of unsafe or abandoned ... towers it does not address specific areas throughout the city where tower locations are encouraged or discouraged. City Council has had general discussions regarding this issue and has directed staff to proceed with a zoning ordinance revision to encourage communication towers away from residential properties and away from major thoroughfares. '-- North Richland Hills does not want a multitude of towers within city boundaries while other surrounding cities dramatically restrict these uses. We also want to encourage antennas to be placed on existing structures and buildings with shared locations where possible to limit the future construction of towers. However, we are receiving requests on a more frequent basis and would like to direct communication tower users to proper locations within our city. In an effort to direct tower requests within North Richland Hills and encourage proper locations with minimal visual impacts to the community, staff is recommending that all new tower requests be required to be located at least 4 times the height of the tower away from any single family residential area or any major arterial right of way. In this scenario a 100 foot tower would have to be at least 400 feet away from any single family property and any major arterial. The existing ordinance also requires separation from existing towers of at least 1,000 feet. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available ~~ Finance· Director '-I Department Head Signature ~~' .. ~fty M.n.ge~ L:\Cases\Staff Reports\Communication Tower Setbacks Page 1 of 2 CITY OF NORTH RICHLAND HILLS RECOMMENDATION: The Planning & Zoning Commission met on Tuesday, November 28 and voted 6-0 to recommend approval of Ordinance #2531 with the stipulation that setbacks be set at a 6 to 1 ratio from communication towers and residential property or major arterials. As a result of late discussions with a telecommunications tower consultant and concerns over exposure from legal action as a result of the proposed ordinance, staff is recommending that the public hearing be opened and this item be continued to the January 8. 2001 City Council meeting. This will allow staff to refer this revision back to the Planning & Zoning Commission for further consideration. "'" -, CITY COUNCIL ACTION ITEM L:\Cases\Staff Reports\Communication Tower ;:)tHUöt;K:; Page 2 of 2 NOTICE OF PUBLIC HEARING FOR THE PLANNING & ZONING COMMISSION AND CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS . Notice is hereby given to all interested persons that the Planning and Zoning Commission will conduct a public hearing on Tuesday evening November 28, 2000 at 7:30 P.M. and the City Council will conduct a public hearing on Monday evening December 11, 2000, at 7:00 P.M. in the City Council Chambers, 7301 Northeast Loop 820, North Richland Hills, Texas, to consider amendments and changes to the City of North Richland Hills Zoning ,. -. Ordinance, by revising Article 7 Communication Towers and Television Receivers, Section 735a Spacing and Development Requirements. All interested parties will be given an opportunity to appear and be heard and express their views. M:\News Notiœs\PZ News Notice\Communication towers.docOrcj22531 co 3. ERA TION OF MINUTES OF NOVE Mr. Welch, seconded r. Davis made a ion to approve the minutes of November 9. T otion carried 4-0, with Mr. Lu abstainin 9,2000 ........, ., 4. PUBLIC HEARING TO CONSIDER AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 7 COMMUNICATION TOWERS AND TELEVISION RECEIVERS, SECTION 735A, SPACING AND DEVELOPMENT REQUIREMENTS. APPROVED Chairman Bowen opened the public hearing on this matter and called for staff comments. John Pitstick, Director of Development, explained that the City has had several applications for communication towers in the past few months and expects to have increased tower applications in the future. City Council members are concerned with the visibility of towers from our major arterials. Current regulations call for a setback of 1000 to 1250 feet for existing towers and there is a 3 to 1 requirement for spacing from residentially zoned property. This ordinance revision would restrict setbacks on a 4 to 1 basis (most of the surrounding communities use a 4 to 1 restriction) from both residential and major arterials. Mr. Pitstick also explained that using existing towers, rather than erecting a new tower, is encouraged, as well as dual usage of existing towers. There were no public comments. After discussion by commission members, Mr. Davis, seconded by Mr. Lueck, made a motion that the Planning and Zoning Commission recommend that the City Council approve the revision with a ratio of 6 to 1. The motion passed unanimously (6-0). Page 2 11/28/00 P & Z Minutes ORDINANCE 2531 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 7 COMMUNICATION TOWERS AND TELEVISION RECEIVERS, SECTION 735A SPACING AND DEVELOPMENT REQUIREMENTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 by changing said Zoning Ordinance as set forth herein; now therefore, '" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILI-S, TEXAS: 1. THAT, Article 7 COMMUNICATIONS TOWERS AND TELEVISION RECEIVERS, Section 735 Spacing and Development Requirements, Paragraph A. Maximum Height and Setback, is hereby amended to insert the following: Article 7 COMMUNICATIONS TOWERS AND TELEVISION RECEIVERS . . . .Section 735 SPACING AND DEVELOPMENT REQUIREMENTS "A. Maximum Height and Setback - No communications tower shall exceed 130 feet in height or the maximum height established in the Table of Permitted Uses. Every communications tower shall be set back from residentially zoned property or any major arterial right of way at a ratio of six (6) feet of setback for each one (1) foot of tower height." 2. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Ordinance No. 2531 Page 1 3. SAVINGS CLAUSE. That Ordinance Number 1874, the Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this Ordinance. 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL THIS 11th DAY OF DECEMBER '"'", 200.0. Mayor Charles Scoma City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas :J£~NTENT: Development Director APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance 2531 Page 2 .... .. CITY OF NORTH RICHLAND HILLS "-, Department: Planning & Inspections Department Council Meeting Date: 12/11/00 Subject: Public Hearing to Consider Amending Sign Regulations Agenda Number: GN 2000-141 by revising Section 138 Building Signs to delete sentence 2h thereby removing the restrictions for the height and letters of a sign or logo on a canopy. Ordinance 2532 '-. CASE SUMMARY City Council approved a sign variance on March 27, 2000 as part of a Texaco request to allow the height of letters of a sign and logo on a canopy for a Texaco station at 8405 Harwood. The request was approved by a vote of 7-0 to allow letters at a maximum height of 33" and logos at a maximum height of 30;'. As part of the motion City Council directed staff to bring back an ordinance to clarify these changes for future canopy signs. ~, ',- Staff has reviewed the ordinance and has several pending canopy sign requests. A sign ordinance revision notice has been published in the Fort Worth Star Telegram on Friday December 1 for the City Council to consider amending the sign ordinance to delete sentence 2h. This section of the ordinance specifies that letters on a canopy sign shall not exceed 12 inches and logos may be up to 16 inches in height. While the City Council approved a variance to allow up to 33 inches for the height of letters on a canopy, staff is recommending that the entire height of letters be removed. Under the Canopy Sign regulations a sign cannot exceed more than 50% of the wall surface area of the canopy and no sign can extend above or below the canopy. These regulations should provide adequate restrictions for canopy signs. 8y allowing a full 33 inch height for a canopy sign our ordinance is promoting the maximum height of letters for all applicants. Staff feels that by eliminating the height restriction we may see variable heights of signs with some signs less than the maximum height. RECOMMENDATION: To approve Ordinance No. 2532 amending the Sign Regulations by removing the restrictions for the height of letters of a sign or logo on a canopy. Source of Funds: Bonds (GO/Rev.) Operating Budget Other _ ~ ~~ Finance Review Account Number Sufficient Funds Available Department Head Signature Finance Director L:\Cases\Staff Reports\Canopy Sign Revisions Page 1 of 1 NOTICE OF SIGN ORDINANCE REVISION CITY COUNCIL NORTH RICHLAND HILLS, TEXAS Notice is hereby given to all interested persons that the City Council of the City of North Richland Hills, Texas will consider a revision to the sign . ordinance on Monday, December 11, 2000 at 7:00 P.M. in the City Council Chambers, 7301 Northeast Loop 820, North Richland Hills, Texas, to: CONSIDER AMENDING THE SIGN REGULATIONS OF THE CITY OF NORTH RICHLAND HILLS, TO AMEND SECTION 13B2h CANOPY SIGNS BY DELETING SECTION 2h AND NOT RESTRICTING THE HEIGHT OF LETTERS OF A SIGN OR LOGO ON A CANOPY. ,,~., -, M:\News Notices\CC News Notice\canopy signs.doc 2 ORDINANCE NO. 2532 AN ORDINANCE BY THE CITY OF NORTH RICH LAND HILLS, TEXAS, AMENDING THE SIGN REGULATIONS OF THE CITY OF NORTH RICH LAND HILLS BY REVISING SECTION 13B BUILDING SIGNS TO DELETE SENTENCE 2h THEREBY REMOVING THE RESTRICTIONS FOR THE HEIGHT OF LETTERS OF A SIGN OR LOGO ON A CANOPY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has determined the need to amend the Canopy Sign Regulations Section of the Sign Ordinance to clearly clarify its intent for not restricting the height of letters of a sign or logo on a canopy; now therefore, "'--.., BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS: -, 1. THAT, Section 13B2h. Canopy Signs, and all references to Section 13B2h be hereby removed. Sign Regulations be hereby amended as follows: 13. Sign Height, Area, Construction and Placement Standards A. Ground Signs, General. . . B. Building Signs. . . 1. Wall Signs. . . 2. Canopy Signs. . . a. ... h. Lotter€ on :3 canopy sign shall not oxcood 12 inchos. Logos may bo up to 16 inchos in height. 2. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs. sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Ordinance No. 2532 Page 1 3. SAVINGS CLAUSE. That Ordinance Number 2374 shall remain in full force and effect, save and except as amended by this ordinance. 4. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. ",-, PASSED AND APPROVED BY THE CITY COUNCIL THIS 11TH DAY OF DECEMBER 2000. -, ATTEST: Charles Scoma, Mayor City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT ~~ Department Head APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No. 2532 Page 2 .... .' CITY OF NORTH RICHLAND HILLS '-- Department: Administration Council Meeting Date: 12/11/00 Subject: Consideration of TXU Gas Rate Increase - Ordinance No. 2533 Agenda Number: GN #2000-142 Background: TXU Gas filed a rate increase case with the 23 cities in the Fort Worth Distribution System on the 26th of May, 2000. Overall that rate increase was 8.92 percent with Residential rates increasing 10.13%, Commercial 8.25%, and Industrial 12.4%. Miscellaneous charges would decrease 13.5%. Th~ last rate adjustment was in 1995. The City Council suspended the rate increase effective date to October 1. The consultant reviewing the increase requested a change in the test year and as a result of that request, TXU Gas agreed to the change and the Council took action to suspend the rate increase to the 1st of December, 2000. Because of some last minute action by the Railroad Commission, TXU agreed in writing to extend the suspension for North Richland Hills until the December 11, 2000 Council meeting. TXU Gas has the ability to put the proposed rates into effect under bond at anytime now, but so far is choosing not to do such. Discussion: As a result of the very recent decision by the Railroad Commission in a similar distribution rate case for the City of Dallas, the City of Fort Worth is proposing to modify it's consultant report to reflect tbe Railroad Commission's ruling as applicable to the ',-- Fort Worth case. TXU Gas has done the same, but the numbers are different from Fort Worth's. Fort Worth is still negotiating with TXU Gas and will not take action until after our City Council meeting on the 11 th. The city has several options. (1) We can choose to adopt an ordinance that implements whatever Fort Worth ultimately gets. (2) We can adopt a settlement proposal TXU has tendered. They have tendered two settlement options. The difference is in the distribution of the increase between residential and commercial users and industrial and transport users. The Railroad Commission issued a decision involving slightly lower residential and commercial rate increases in exchange for significantly higher industrial and transport user rates. Those rate differences are evident in the attached spreadsheet for NRH rates. (3) We can take no action and TXU will implement the rates as recommended by the Railroad Commission and shown as RRC Treatment on the attached spreadsheet. Source of Funds: Bonds (GO/Rev.) ''.- Operating Budget Other Finance Review Account Number Sufficient Funds AvallaDle CITY OF NORTH RICHLAND HILLS Without knowing what will finally happen in Fort Worth, the option most favorable to NRH is the RRC treatment settlement offer described in the attached spreadsheet. This option raises the least amount of money from our residents, but has a 62.16% increase in transportation rates. Only 3 large gas users in NRH presently pay these rates. TXU has indicated they will send us a "most favored nations" letter. In the event Fort Worth settles with TXU for a rate structure that is more favorable to us than the one adopted Monday night, we will have the option to implement those rates. Settlement Option Differences: When compared to the TXU Treatment, the Railroad Commission Treatment option saves a small amount of money (Residential 56¢ monthly and Commercial $1.39 monthly) for residential and commercial customers but has a very large dollar impact on the three industrial/transport customers. For that difference, the industrial/transport customers can see their increase minimized by $37,743 per year. This case is still being discussed with Fort Worth and the other cities in the district. If additional information becomes available, staff will share that with you Monday night. Action: Given the smaller difference on the residential/commercial side, and the large increase on the industrial/transport side, staff recommends adopting the TXU treatment option. We will then watch the Fort Worth case in the event a more favorable settlement is reached. "---- Recommendation: Approve Ordinance No. 2533 establishing new residential and commercial gas rates to be charged by TXU Gas within the City of North Richland Hills. In the event a more favorable settlement is reached with Fort Worth staff will return to Council with an ordinance adopting the more favorable settlement. '~. CITY COUNCIL ACTION ITEM Page 2 of L æ :É ¡¡: ... sd! .!2 z :i oc>e --CÞ I- I.! i! :) :::s CÞ m1ìiCO -ZIÞ I:t:e= I- CÞ CÞ (I)-I- - ~ - cco~ (I) r:: :i: <t .2 " f!)-r:: , .ð .!! \V/~ .¡;: .r:: -)( û) "~ I-¡sa! .r::.r:: 1::1:: o 0 ~z 1:: o LL ....- oS '<fl.~ ::.\11,) o .E '"- :!c oCÞ ....S C IIJ CÞ Ie EI- CÞ.... E.... CÞ~ U) ....- oS '<fl.~ _0 I,) o~.5 1-...... :!c oCÞ 1:t CII Ie EI- .!!(,) = a::: ~a::: 'I- - oS '<fl.~ I,) '<fl.!!:. 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M , '*'......g¿...;:¡¿ ~ #. ;¡!l. ~¡g¡zg = r--:<òr--: e>J u) ..... , I'-COIO ON..... <:tl'-'<t Ñcó'Ñ CO I'- .... ~ '<to)(") 1'-0 ....to r...:- CÞ III IIJ e I,) c - - IIJ 1(ij.!!! .r::: _:,¡:;e¡¡'l::ü = ~ w :s &. ~I-¡O :::s"OEfI)fI)._ O"'¡¡)E::SCè; ~~8:Æ~ðJ CD flC! ".: CÞtO C)I'-: ...¡;;; .r::: (,) <:t CO I'- ~ CÞo O'IN C . ...IIJ.... .t::.~ (,) I,() <:t ~ 0'1 :ê ii: ii c "& "C o fI) ">- C IIJ Q. E o (,) Õ '$ = .... :! o ..... c CÞ E CII E ~ .... o CÓ N ~ .... I'- ~ .... ~ ~ w E B.c; fI).... ::s C üO -:2 ~ '- ._ W '-0. W"- E 0 E:2 00 Ü(") I,() DEC-ØS-Øø 14:24 FROM:W F & W ID: PAGE 2/4 IV Worsham Forsythe Woo/dddge lIP Matthew C. Henry DireCI Diol; 214.979.3081 Email: mhenry@worsham.~t December 6, 2000 VIA FACSTMTT.E - 817.427.6355 Mr. Orcg Viek Asst. City Manager CitY of North Richland Hills 7301 N.R. Loop 820 North Richland Hills, Texas 76180 Dear Mr. Vick: I represent TXU Gas Distribution in connection with its recent filing for a local gas distribution rate increase in the F ort Worth Distribution System, which includes your city. TXU Gas Distribution has submitted a senlement proposal to your city. The settlement proposal is based upon the Company's proposed rate increase as filed with your city, adjusted to reflect the opinion of the Railroad Commission of Texas in the Company's recent Dallas Distribution System appeal. As you are aware, the Company has also tendered a settlement proposal to the City of Fort Worth based on the results of the Dallas appeal. This letter will confinn that should your city accept the Company's current settlement proposal, and the Company subsequently settles its case with Fort Worth on tenns that are more favorable than those approved by your city, TXU Gas Distribution will agree to adjust your city's rates to compon with any such Fort Worth settlement. If, however, the Company does not reach a mutually agreeable settlement with Fort Worth, and appeals the F ort Worth decision to the Railroad Commission. rates in your city will be calculated based upon the agreed settlement with your city, and will not be adjusted to comport with the results: of any such appeal. We appreciate your consideration of the Company's senlemem proposal. Please feel free to call me if you have any questions. Sincerely, ~#: Attome~~ Gas Distribution Attorneys and COlJn$eJors: at Lsw Energy Plaza, 30rh Floor 1601 Bryan Street Dallas, ~xas 75201 214.979.3QOO 214.880.0011 Fax www.worsham.neT Other Offices Richardson / Telecom Corridoru Austin Received Dee-OS-OO OZ:Z4pm From- To-City Of North Riehla Paie OZ DEC-ØS-Øø 14,24 FROM,W F & W Mr. Greg Vick Asst. City Manager City of North Richland Hills December 6, 2000 Page 2 c: Steve Johnson (TXU) Autry Warren (TXU) Received Dee-OS-OO 02:24pm ID, From- To-City Of North Riehla Paie 03 PAGE 3/4 ~\) Ordinance No. 2533 AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL, COMMERCIAL AND INDUSTRIAL CONSUMERS IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS: PROVIDING FOR TRANSPORTATION RATES; PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED, AND AMENDED; PROVIDING FOR A WEATHER NORMALIZATION CLAUSE; PROVIDING FOR THE RECOVERY OF ANY CURRENT RATE CASE EXPENSE; PROVIDING FOR A SCHEDULE OF SERVICE CHARGES; AND PROVIDING FOR A MAIN LINE EXTENSION RATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. Effective with gas bills rendered on and after the 11 th of December 2000, the maximum general service rate for sales of natural gas rendered to residential, commercial, Industrial Rates-N, and transportation consumers within the city limits of North Richland Hills, Texas by TXU Gas Distribution, a division of TXU Gas Company, a Texas corporation, its successors and assigns, is hereby fixed and determined as set forth in Items A, A-1, and A-2 in the Attachment hereto which is incorporated herein, SECTION 2. The residential and commercial rates set forth above shall be adjusted upward or downward from a base of $2.7535 per Mcf by a Gas Cost Adjustment Factor expressed as an amount per thousand cubic feet (Met) of natural gas for changes in the intercompany city gate rate charge as authorized by the Railroad Commission of Texas or other regulatory body having jurisdiction for gas delivered to the North Richland Hills distribution system, according to Item B, in the Attachment hereto which is incorporated herein. The Industrial and Transportation rates shall be adjusted in accordance with their contract terms. SECTION 3. Residential and commercial rates shall also be subject to weather normalization adjustments according to Item C, in the Attachment hereto which is incorporated, herein. SECTION 4. The residential and commercial rates set forth above shall be adjusted upward or downward for changes in taxes and other governmental impositions, rental fees or charges according to Item D, in the Attachment hereto which is incorporated herein. Industrial rates shall be adjusted in accordance with their contract. SECTION 5. In addition to the aforesaid rates, Company shall have the right to collect such reasonable charges as are necessary to conduct its business and to carry out Page 1 of 9 its reasonable rules and regulations. The charges set forth in Items E and F in the Attachment hereto which is incorporated herein, are approved. Services for which no charge is set out may be performed and charged for by Company at a level established by the normal forces of competition. SECTION 6. In addition to the aforesaid rates, Company is authorized to recover the current rate case expense through a surcharge designed for a six-month nominal recovery period. The surcharge per Met will be calculated by dividing the rate case expense to be recovered by one-half of the adjusted annual sales volume to residential, commercial, Industrial Rates-N and transportation customers. The Company will provide monthly status reports to the City to account for the collection of rate case expense. SECTION 7. The rates set forth in this ordinance may be changed and amended by either the City or Company in the manner provided by law. Service hereunder is subject to the orders of regulatory bodies having jurisdiction, and to the Company's Rules and Regulations currently on file in the Company's office. SECTION 8. Unless otherwise noted herein, other than TXU Gas Distribution (a named party), no person or entity has been admitted as a party to this rate proceeding. SECTION 9. It is hereby found and determined that said meeting at which this ordinance was passed was open to the public, as required by Texas law, and that advance public notice of the time, place and purpose of said meeting was given. PASSED AND APPROVED on first reading this the A. D., 2000. day of ATTEST: City Secretary Mayor City of North Richland Hills, Texas Greg V· k Managing Director of Community Services and Facilities APPROVED AS TO FORM AND LEGALITY: /---, '-----1 ~.___{~) (I M /Î! t ¿/¿/ R Attorney for City Page 2 of 9 STATE OF TEXAS 3 COUNTY OF TARRANT 3 I, , City Secretary of the City of North Richland Hills, Tarrant County, Texas, hereby certify that the above and foregoing is a true and correct copy of an ordinance passed and approved by the City Council of the City of North Richland Hills at a session held on the day of 2000, as it appears of record in the Minutes of said City Council in Book , page WITNESS MY HAND AND SEAL OF SAID CITY, this the day of ,A.D. 2000. City Secretary City of North Richland Hills, Texas Page 3 of 9 ITEMA. ITEM A-1 ATTACHMENT TO ORDINANCE NO.M...23 CITY OF NORTH RICHLAND HILLS, TEXAS TXU GAS DISTRIBUTION TARIFFS & SCHEDULES RESIDENTIAL AND COMMERCIAL RATES Subject to applicable adjustments, the following rates are the maximum applicable to residential and commercial consumers per meter per month or for any part of a month for which gas service is available at the same location. Residential: Customer Charge All Consumption $ 8.0000 3.9984 Per Mcf @ If the service period is less than 28 days in a month the customer charge is $.2857 times the number of dàys service. If the consumption contains a portion of an Mcf, a prorata portion of the per Met charge will be made. Commercial Customer Charge First 20 Mcf Next 30 Met Over 50 Met $ 14.0000 4.1625 Per Met 3.8625 Per Met 3.7125 Per Met @ @ @ If the service period is less than 28 days in a month the customer charge is $.5000 times the number of days service, If the consumption contains a portion of an Met, a prorata portion of the per Met charge will be made, Bills are due and payable when rendered and must be paid within fifteen days from monthly billing date. Residential Off-Peak Sales Discount: An off-peak sales discount of $.25 per Met will apply to residential customers' volume purchased in excess of 8 Met for each of the billing months May through October. INDUSTRIAL RATES Industrial Rates-N is hereby amended and revised as follows: Page 4 of 9 ITEM A-2 ITEM B. Monthly Rates: Subject to Company=s limitations on the availability of each rate, Customer shall receive service under its choice of one of the following rates in accordance with the rate selected by Customer as provided in the contract: First All over RATE 1 125 Met or less 125 Met @ $214.39 1.676 per Met First All over RATE 2 600 Met or less 600 Met @ $962.86 1.530 per Met First Allover RATE 3 1,250 Met or less 1 ,250 Met @ $1,868.12 1.470 per Met In all other respects, Industrial Rates-N shall remain in effect as filed with the City of North Richland Hills, Texas. 100% of the increase in industrial margin is to accrue to the benefit of TXU Gas Distribution. TRANSPORTATION RATES The maximum fee for industrial transportation service on the North Richland Hills, Texas Distribution System is $0.676 per MMBTU delivered plus applicable taxes exclusive of the backup fee. The above transportation fee includes both the fee incurred to move the gas from the receipt point on the transmission system to the city gate and the fee incurred to move the gas from the city gate to the customer=s facility, If the fees for transportation service on the transmission system change, the revised fees will be included in the overall transportation rate charged to customers. 100% of the increase in transportation fees incurred to move the gas from the city gate to the customer=s facility is to accrue to the benefit of TXU Gas Distribution. GAS COST ADJUSTMENT Each residential and commercial monthly bill at the above rates in Item A Page 5 of 9 ITEMC. shall be adjusted for gas cost as follows: (1) The city gate rate increase or decrease applicable to current billing month residential and commercial sales shall be estimated to the nearest $0.0001 per Mcf based upon: (a) The city gate rate estimated to be applicable to volumes purchased during the current calendar month, expressed to the nearest $0.0001 per Mcf (shown below as "Re"), less (b) The base city gate rate of $2.7535 per Met, multiplied by (c) A volume factor of 1.0216 determined in establishing the above rates for the distribution system as the ratio of adjusted purchased volumes divided by adjusted sales volumes. (2) Correction of the estimated adjustment determined by Item B (1) above for the second preceding billing month shall be included as part of the adjustment. The correcting factor (shown below as "C") shall be expressed to the nearest $0,0001 per Met based upon: (a) The corr~cted adjustment amount based upon the actual city gate rate," less (b) The estimated adjustment amount billed under Item B (1) above, divided by (c) Distribution system residential and commercial sales Mcf recorded on the Company's books during the prior year for the month that the correction is included as part of the adjustment. In summary, the gas cost adjustment (GCA) shall be determined to the nearest $0.0001 per Met by Item B (1) and Item B (2) as follows: GCA = [Item B (1) + Item B (2)] GCA = [(1.0216) (Re - $2.7535) + C] Weather Normalization Adjustment: Effective with bills rendered during the October 2000 through May 2001 billing months, and annually thereafter for the October through May billing months, the above residential and commercial consumption rates for gas service, as adjusted, will be subject to a weather normalization adjustment Page 6 of 9 ITEM D. each billing cycle to reflect the impact of variations in the actual heating degree days during the period included in the billing cycle from the normal level of heating degree days during the period included in the billing cycle. The weather normalization adjustment will be implemented on a per Mcf basis and will be applicable to the heating load of each customer during the period included in the billing cycle. It will be determined separately for residential and commercial customers based on heating degree data recorded by the D/FW Airport weather station. The adjustment to be made for each billing cycle will be calculated according to the following formula: WNA= NDD-ADD xM x AHL ADD Where: WNA = NDD = Weather normalization adjustment Normal heating degree days during the period covered by the billing cycle Actual heating degree days during the period covered by the billing cycle Weighted average margin per Mcf included in the commodity portion of the rates effective during the October through May billing months Actual heating load per customer ADD = M= AHL = The heating load to which the weather normalization adjustment is to be applied for residential and commercial customers is determined by subtracting the base load for the customer from the total volume being billed to the customer. The base load of a customer is the average level of non heating consumption. The weather normalization adjustment is subject to a 50% limitation factor based on temperatures being fifty percent warmer or colder than normal. The weather normalization adjustment will be calculated to the nearest $.0001 per Mcf. TAX ADJUSTMENT Each monthly bill at the above residential and commercial rates, as adjusted above, shall be adjusted for municipal franchise fees (street and alley rental taxes) and the state gross receipts taxes imposed by Sections 182.021 - 182.024 of the Texas Tax Code. Each monthly bill, as adjusted above shall also be adjusted by an amount equivalent to the proportionate part of any new tax, or any tax increase or decrease, or any increase or decrease of any Page 7 of 9 ITEM E. other governmental imposition, rental fee, or charge (except state, county, city and special district ad valorem taxes and taxes on net income) levied, assessed or imposed subsequent to December 31,1999, upon or allocated to the Company=s distribution operations, by any new or amended law, ordinance or contract. Municipal franchise fees (street and alley rental taxes) and the state gross receipts taxes imposed by Sections 182.021 - 182.024 of the Texas Tax Code shall continue to be collected pursuant to individual industrial contracts. SCHEDULE OF SERVICE CHARGES (1) Connection Charge In addition to the charges and rates set out above, the Company shall charge and collect the sum of: Schedule Charge Business Hours After Hours $ 35,00 52,50 For each rec0!1nection of gas service where service has been discontinued at -the same premises for any reason, for the initial inauguration of service, and for each inauguration of service when the billable party has changed, with the following exceptions: (a) For a builder who uses gas temporarily during construction or for display purposes. (b) Whenever gas service has been temporarily interrupted because of system outage or service work done by Company; or (c) For any reason deemed necessary for company operations, (2) Read For Change Charge A read for change charge of $12.00 is made when it is necessary for a company employee to read the meter at a currently served location because of a change in the billable party. (3) Returned Check Charges A returned check handling charge of $16.25 is made for each check Page 8 of 9 ITEM F. returned to the Company for any reason. (4) Delinquent Notification Charge A charge of $4.75 shall be made for each trip by a Company employee to a customer's residence or place of business when there is an amount owed to the Company that is past due. This charge shall not be made when the trip is required for safety investigations or when gas service has been temporarily interrupted because of system outage or service work done by Company. MAIN LINE EXTENSION RATE The charge for extending mains beyond the free limit established by Franchise for residential, commercial, and industrial customers shall be based on the actual cost per foot of the extension. Page 9 of 9 ORDINANCE NO. 2533 AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL, COMMERCIAL AND INDUSTRIAL CONSUMERS IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS: PROVIDING FOR TRANSPORTATION RATES; PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED, AND AMENDED; PROVIDING FOR A WEATHER NORMALIZATION CLAUSE; PROVIDING FOR THE RECOVERY OF ANY CURRENT RATE CASE EXPENSE; PROVIDING FOR A SCHEDULE OF SERVICE CHARGES; AND PROVIDING FOR A MAIN LINE EXTENSION RATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. Effective immediately upon the passage of this rate ordinance, the maximum general service rate for sales of natural gas rendered to residential, and commercial, consumers within the city limits of North Richland Hills, Texas by TXU Gas Distribution, a division of TXU Gas Company, a Texas corporation, its successors and assigns, is hereby fixed and determined as set forth in Items A, and A-1 in the Attachment hereto which is incorporated herein. SECTION 2. The residential and commercial rates set forth above shall be adjusted upward or downward from a base of $2.7535 per Met by a Gas Cost Adjustment Factor expressed as an amount per thousand cubic feet (Mcf) of natural gas for changes in the intercompany city gate rate charge as authorized by the Railroad Commission of Texas or other regulatory body having jurisdiction for gas delivered to the North Richland Hills distribution system, according to Item B, in the Attachment hereto which is incorporated herein. SECTION 3. Residential and commercial rates shall also be subject to weather normalization adjustments according to Item C, in the Attachment hereto which is incorporated, herein. SECTION 4. The residential and commercial rates set forth above shall be adjusted upward or downward for changes in taxes and other governmental impositions, rental fees or charges according to Item D, in the Attachment hereto which is incorporated herein. Page 1 of 9 SECTION 5.ln addition to the aforesaid rates, Company shall have the right to collect such reasonable charges as are necessary to conduct its business and to carry out its reasonable rules and regulations. The charges set forth in Items E and F in the Attachment hereto which is incorporated herein, are approved. Services for which no charge is set out may be performed and charged for by Company at a level established by the normal forces of competition. SECTION 6. In addition to the aforesaid rates, Company is authorized to recover the current rate case expense through a surcharge designed for a six- month nominal recovery period. The surcharge per Met will be calculated by dividing the rate case expense to be recovered by one-half of the adjusted annual sales volume to residential, commercial, Industrial Rates-N and transportation customers. The Company will provide monthly status reports to the City to account for the collection of rate case expense. SECTION 7. The rates set forth in this ordinance may be changed and amended by either the City or Company in the manner provided by law. Service hereunder is subject to the orders of regulatory bodies having jurisdiction, and to the Company's Rules and Regulations currently on file in the Company's office. SECTION 8. l}nless otherwise noted herein, other than TXU Gas Distribution (a named party), no person or entity has been admitted as a party to this rate proceeding. SECTION 9. It is hereby found and determined that said meeting at which this ordinance was passed was open to the public, as required by Texas law, and that advance public notice of the time, place and purpose of said meeting was given. PASSED AND APPROVED on first reading this the , A. D., 2000. day of APPROVED: Mayor City of North Richland Hills, Texas Page 2 of 9 ATTEST: Patricia Hutson, City Secretary APPROVED AS TO CONTENT: Greg Vick, Managing Director of Community Services and Facilities APPROVED AS TO FORM AND LEGALITY: Rex McEntire, City Attorney Page 3 of 9 STATE OF TEXAS 3 COUNTY OF TARRANT 3 I, , City Secretary of the City of North Richland Hills, Tarrant County, Texas, hereby certify that the above and foregoing is a true and correct copy of an ordinance passed and approved by the City Council of the City of North Richland Hills at a session held on the day of , 2000, as it appears of record in the Minutes o~ said City Council in Book , page WITNESS MY HAND AND SEAL OF SAID CITY, this the _ day of ,AD. 2000. City Secretary City of North Richland Hills, Texas Page 4 of 9 ITEMA. ATTACHMENT TO ORDINANCE NO. 2533 CITY OF NORTH RICHLAND HILLS, TEXAS TXU GAS DISTRIBUTION TARIFFS & SCHEDULES RESIDENTIAL AND COMMERCIAL RATES Subject to applicable adjustments, the following rates are the maximum applicable to residential and commercial consumers per meter per month or for any part of a month for which gas service is available at the same location. Residential: Customer Charge All Consumption $ 8.0000 3.8301 Per Met @ If the service period is less than 28 days in a month the customer charge is $.2857 times the number of days service. If the consumption contains a portion of an Met, a prorata portion of the per Met charge will be made. Commercial Customer Charge First 20 Met Next 30 Met Over 50 Met $ 14.0000 4.1150 Per Met 3.8150 Per Met 3.6650 Per Met @ @ @ If the service period is less than 28 days in a month the customer charge is $.5000 times the number of days service. If the consumption contains a portion of an Met, a prorata portion of the per Met charge will be made. Bills are due and payable when rendered and must be paid within fifteen days from monthly billing date. Residential Off-Peak Sales Discount: An off-peak sales discount of $.25 per Met will apply to residential customers' volume purchased in excess of 8 Met for each of the billing months May through October. Page 5 of 9 ITEM A-1 ITEM B. INDUSTRIAL RATES Industrial Rates-N is hereby amended and revised as follows: The City does not have evidence of any unfair advantage by either TXU Gas or its industrial customers in the City with regard to contract negotiations for industrial gas rates, and therefore, in accordance with Section 104.003(b) of the Texas Utilities Code, contractual industrial gas rates are considered to be just and reasonable. Based on the above facts and in accordance with the mandates of Section 104.003(b) of the Texas Utilities Code, the City Council approves rates for industrial customers in the City established by contract between TXU Gas and such industrial customers. Therefore the City declines to establish rates for industrial customers in the City as requested by TXU Gas in its Rate Filing. 100% of any increase in industrial margin is to accrue to the benefit of TXU Gas Distribution. GAS COST ADJUSTMENT Each residential and commercial monthly bill at the above rates in Item A shall be adjusted for gas cost as follows: (1) The city gate rate increase or decrease applicable to current billing month residential and commercial sales shall be estimated to the nearest $0.0001 per Met based upon: (a) The city gate rate estimated to be applicable to volumes purchased during the current calendar month, expressed to the nearest $0.0001 per Met (shown below as "Re"), less (b) The base city gate rate of $2.7535 per Met, multiplied by (c) A volume factor of 1.0216 determined in establishing the above rates for the distribution system as the ratio of adjusted purchased volumes divided by adjusted sales volumes. (2) Correction of the estimated adjustment determined by Item B (1) above for the second preceding billing month shall be included as part of the adjustment. The correcting factor (shown below as "C") shall be expressed to the nearest $0.0001 per Met based upon: Page 6 of 9 ITEMC. (a) The corrected adjustment amount based upon the actual city gate rate, less (b) The estimated adjustment amount billed under Item B (1) above, divided by (c) Distribution system residential and commercial sales Met recorded on the Company's books during the prior year for the month that the correction is included as part of the adjustment. In summary, the gas cost adjustment (GCA) shall be determined to the nearest $0.0001 per Mcf by Item B (1) and Item B (2) as follows: GCA = [Item B (1) + Item B (2)] GCA = [(1.0216) (Re - $2.7535) + C] Weather Normalization Adjustment: Effective with bills rendered during the October 2000 through May 2001 billing months, and annually thereafter for the October through May billing months, the above residential and commercial consumption rates for gas service, as adjusted, will be subject to a weather normalization adjustment each billing cycle to reflect the impact of variations in the actual heating degree days during the period included in the billing cycle from the normal level of heating degree days during the period included in the billing cycle. The weather normalization adjustment will be implemented on a per Mcf basis and will be applicable to the heating load of each customer during the period included in the billing cycle. It will be determined separately for residential and commercial customers based on heating degree data recorded by the D/FW Airport weather station. The adjustment to be made for each billing cycle will be calculated according to the following formula: WNA= NDD-ADD xM x AHL ADD Where: WNA = NDD = Weather normalization adjustment Normal heating degree days during the period covered by the billing cycle Actual heating degree days during the period covered by the billing cycle ADD = Page 7 of 9 ITEM D. ITEM E. M= Weighted average margin per Mcf included in the commodity portion of the rates effective during the October through May billing months Actual heating load per customer AHL = The heating load to which the weather normalization adjustment is to be applied for residential and commercial customers is determined by subtracting the base load for the customer from the total volume being billed to the customer. The base load of a customer is the average level of non heating consumption. The weather normalization adjustment is subject to a 50% limitation factor based on temperatures being fifty percent warmer or colder than normal. The weather normalization adjustment will be calculated to the nearest $.0001 per Mcf. TAX ADJUSTMENT Each monthly bill at the above residential and commercial rates, as adjusted above, shall be adjusted for municipal franchise fees (street and alley rental taxes) and the state gross receipts taxes imposed by Sections 182.021 - 182.024 of the Texas Tax Code. Each monthly bill, as adjusted above shall also be adjusted by an amount equivalent to the proportionate part of any new tax, or any tax increase or decrease, or any increase or decrease of any other governmental imposition, rental fee, or charge (except state, county, city and special district ad valorem taxes and taxes on net income) levied, assessed or imposed subsequent to December 31,1999, upon or allocated to the Company's distribution operations, by any new or amended law, ordinance or contract. Municipal franchise fees (street and alley rental taxes) and the state gross receipts taxes imposed by Sections 182.021 - 182.024 of the Texas Tax Code shall continue to be collected pursuant to individual industrial contracts. SCHEDULE OF SERVICE CHARGES (1) Connection Charge In addition to the charges and rates set out above, the Company shall charge and collect the sum of: Schedule Charqe Business Hours After Hours $ 35.00 52.50 Page 8 of 9 ITEM F. For each reconnection of gas service where service has been discontinued at the same premises for any reason, for the initial inauguration of service, and for each inauguration of service when the billable party has changed, with the following exceptions: (a) For a builder who uses gas temporarily during construction or for display purposes. (b) Whenever gas service has been temporarily interrupted because of system outage or service work done by Company; or (c) For any reason deemed necessary for company operations. (2) Read For Change Charge A read for change charge of $12.00 is made when it is necessary for a company employee to read the meter at a currently served location because of a change in the billable party. (3) Returned Check Charges A returned checK handling charge of $16.25 is made for each check returned to the Company for any reason. (4) Delinquent Notification Charge A charge of $4.75 shall be made for each trip by a Company employee to a customer's residence or place of business when there is an amount owed to the Company that is past due. This charge shall not be made when the trip is required for safety investigations or when gas service has been temporarily interrupted because of system outage or service work done by Company. MAIN LINE EXTENSION RATE The charge for extending mains beyond the free limit established by Franchise for residential, commercial, and industrial customers shall be based on the actual cost per foot of the extension. Page 9 of 9 o o o N I "I:"'" "I:"'" I N "I:"'" o o o N W U) « u w ~ ~ Z o ¡:: :J ŒI æ ~ c U) « C) :J >< ~ Q) ~ en 0 CD m 0 Q) .... M U c: ~ 0 "'C 0> Q)CO en . OCO o.N oóC)- oc .... - L a. C (1) II) T'" ë >- - 0 (1) .r::: c: CO ;:; - Q) N - c: .... (1) .... óC)- 0 ::) tn :2ü .c 1:: 0 T'" 0 0 0 0 0 3: 0 M LO 0 CO N 1:: COMO 0 óC)- óC)- óC)- u. ~ o ...... LO ...... 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J I' CITY OF NORTH RICHLAND HILLS '- Department: Ad m i n istration Council Meeting Date: 12/11/00 Subject: Consideration of Developer Aqreement with Arcadia, Inc. Agenda Number: GN 2000-143 For North Richland Hills Town Center - Resolution No. 2000-091 At the November 27th Pre-Council session we spent time going over the essential elements of the Town Center developer agreement. That discussion centered on the primary issues such as maintenance obligations, public facilities, and financial considerations for both parties. The IR #00-150 from the November 2ih meeting is attached that outlines the issues of the agreement as well as Attachment "B" on the City vs. Developer responsibilities. Since our last meeting we have resolved the issue on the water and wastewater impact fees and that language has changed to allow the City to treat the Town Center like any other development as impact fees are amended from time to time. The only issue we have at this point that we may need to incorporate into the agreement (Attachment "A") is addressing the reimbursement provisions as it relates to the developer and the city, placing monies in an escrow account with regards to infrastructure and the funding of projects through the TIF. Ed Esquivel our bond counsel is in the process of reviewing this language for a final time and if that information is not available at the time that the packets are delivered, we will fax the information on Friday. All other components \.- of the developer agreement are in final form and the agreement is attached for your review and approval. Below is a brief outline of the various responsibilities. A more detailed listing can be seen on Attachment "B". City Responsible Developer Responsible 1. City shall install and maintain furnishings in the Commercial Core, such as; benches, trash receptacles, planters and street trees 1. Pay all impact fees, development! inspection fees on all infrastructures and building permit fees at time of request. 2. City will maintain all aspects of lake and park area 3. City will contribute in excess of $1 million (through TxDOT grant) for 2 sided 10' trail around lake and bicycle transit station 2. Install irrigation of all landscaped areas within parks, medians and landscaped areas Source of Funds: Bonds (GO/Rev.) Operating Budget .___ Other Finance Review Account Number Sufficient Funds AvallaDle Finance Director Page 1 of CITY OF NORTH RICHLAND HILLS City Responsible Developer Responsible 4. Construct 50 - 60,000 sq. ft. Library* 5. Construct 75 - 100,000 sq. ft. Recreation Center and associated parking. 3. Maintain wetland areas (planting And reporting only) as part of Corp requirements for the lake areas. (3 yr. Commitment) 6. City to purchase pad site for Library and construct associated parking 4. Providing land and constructing a 25+ - acre lake area with park and associated landscaping. 5. Providing 4 acre prime site for recreation center and land for parking. *Prior to the TIF being formalized a very rough estimate of $200,000 was placed in the TIF for Library land purchase. We are now $300,000 over budget, and that difference can be made up in purchasing less land and/or slightly reducing the scope of the Library. Dan Quinto will be making a short presentation at the meeting on Monday night and will also unveil the name of the Town Center. I understand he met with each of you a couple of months ago regarding three or four proposed names and at the meeting he will make that public as we move forward with the developer agreement. There has been one addition made by the developer under the Section of construction of Recreation Center - to allow day time residents membership fees equal to that of Tarrant County residents - it reads less than but should state equal to County residents - this has been the one addition. Recommendation: To approve Resolution No. 2000-091 authorizing the City Manager to execute a developer agreement with Arcadia Holdings, Inc. for the North Richland Hills Town Center with conditions as noted by the three inserts. '-- CITY COUNCIL ACTION ITEM Page 1 of _ RESOLUTION NO. 2000-091 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: The City Manager be, and is hereby, authorized to execute the attached Town Center Developer Agreement with Arcadia Holdings, Inc. as the act and deed of the City. PASSED AND APPROVED this 11 th day of December, 2000. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO CONTENT: St~ APPROVED AS TO FORM AND LEGALITY: Re INFORMAL REPORT TO MAYOR AND CITY COUNCIL No.IR 00-150 \ \ "'-,' " Date: November 27, 2000 ~. I SubectTown 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 lake 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 have been 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 oatline (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 PIO 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 î Attachment "A" RMA Draft: 12/05/00 NORTH RICHLAND HILLS TOWN CENTER COMPREHENSIVE DEVELOPMENT AGREEMENT THIS COMPREHENSIVE DEVELOPMENT AGREEMENT (the "A~reement") is made by and between THE CITY OF NORTH RlCHLAND HILLS, TEXAS (the "Citv") and ARCADIA HOLDINGS, INC. (the "Developer"). RECIT ALS: A. The Developer is developing certain parcels ofreal 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. A reinvestment zone has been created and established by the City pursuant to the Tax Increment Finance Act (V.T.C.A. Tax Code, Chapter311)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." 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 V.T.C.A., Tax Code, Section 311.010. 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. 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: 1. Definitions. As utilized herein, the following terms shall have the meanmgs 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. "Agreement" means this Comprehensive Development Agreement. "Association" or "Associations" means, individually or collectively, the nonprofit corporation(s) to be established by the Developer pursuant to the Declaration to own, Comprehensive Development Agreement - Page 1 2156.64 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 ofthe City, as described in Paragraph 12 hereof. "City Impact Fees" means those certain charges and fees permitted to be assessed by the City pursuant to the Impact Fee Ordinances. "C itv Lib rarv" means the library facility containing approximately 5 5,000 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. "Citv Recreation Center" means that certain recreation facility contammg 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, danè~ 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. "Corps" 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 and amenities within the Comprehensive Development Agreement - Page 2 2156.64 Development, and shall supplement the ordinances of the City with respect to governance of the areas within the Development. "Desi~n 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. "D RB" means the Design Review Board established by the Declaration to administer the Design Code established' Qr promulgated for the Development pursuant to the Declaration. "Eligible 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. The City and the Developer acknowledge that approvals by the City of any Final Plat may be conditioned upon Substantial Completion of all Infrastructure Improvements and the acceptance thereof by the City relative to the Tract described in such Final Plat. "Franchise Utilities" shall mean all electric, gas, telecommunication, cable television, solid waste and recycling utilities designated and approved by the Developer for providing such utility services to the Development. Comprehensive Development Agreement - Page 3 2156.64 "Franchise Utility Providers" shall mean those companies and providers that, individually or collectively, provide any of the Franchise Utilities. "Furnishings" 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, as same may be amended from time to time, and shall exclude any ordinances of the City relative to impact fees for roads or thorougfares. "Improvemen ts" 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 ~alue ofthe 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. "Parking 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. "Parkin!! Area Structures" shall mean any above or below grade Improvements that may be erected or constructed by the PID 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, the Developer and applicable owners of Tracts in the Development to oversee, maintain and regulate all Parking Areas and Parking Area Structures within the Development, and for such other purposes as may be approved by the parties and permitted by applicable law 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 Comprehensive Development Agreement - Page 4 2156.64 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 "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. "Re~ulating Plan" means that certain map depicting the approved categories ofU se 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 fI!volved 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 2495 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 "Zonin~ Ordinance" means Ordinance Number 1874 adopted by the City, as same may be amended and supplemented from time to time in accordance with the applicable procedures of the City. 2. Desi~n 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 Public Use Improvements and Private Use 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. 3. Development Fees and Charges. 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 requ'ired 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. 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, and any such 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) during the course of construction thereof Comprehensive Development Agreement - Page 6 2156.64 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 perfonn the following specific duties and services in respect ofthe construction of the Public Use Improvements: (a) Use reasonable efforts to guard against any defects or deficiencies in the work of the contractor(s) or subcontractors perfonning 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 perfonning any such work); (b) Advise in writing a representative of the City of any material omissions, substitutions, defects, or deficiencies noted in the work of any contractor, subcontractor or materialman perfonning construction of the Public Use Improvements; (c) Reject any work or materials that do not, in Developer's professional judgment, materially confonn 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 perfonnance and completion of any unfinished items in respect of the Public Use Improvements. 5. Special Provisions Regarding 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: (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 provided at the beginning of each phase connection of such system. The Developer shall Comprehensive Development Agreement - Page 7 2156.64 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. (b) 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 e-ach 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. (c) Drainage 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 minimum engineering requirements to service the Tract under development, subject in all events to '.,;' ,,~ Comprehensive Development Agreement - Page 8 2156.64 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. (d) Irri~ation Svstems. 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 pennit 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. (e) 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, detenninations regardÌng 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) Insµections. 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 sub grade quality and paving installation in the streets and rights of way that shall be dedicated to the City in accordance with any Final Plat. (2) 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 (3) Traffic Signals. 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. (4) Street Lights. 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 sh.all use reasonable efforts to cause any replacement fixtures and lighting systems to match existing fixtures in style and lighting output. (5) Furnishings. The City shall have all responsibility and approval 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. (6) Signage. 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 reasonable efforts to Comprehensive Development Agreement - Page 10 2156.64 cause any such replacement signs to match existing signage in size, graphics and colors. (t) Landscaping. 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 and approval by 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, and the City will not unreasonably withhold approval on any landscaping requests. 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. Specifically, the parties acknowledge that all Common Areas and landscaping in dedicated rights-of-way in the residential areas of the Development shall not be the responsibility of the City._ (g) Name Rights. 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. (h) Temporary 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. 6. 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. 7. 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 Comprehensive Development Agreement - Page 11 2156.64 applicable permits for the Lakes that may be required by the Corps or any other applicable governmental authorities. The City shall timely review and approve any proposed plans for the Park and 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. 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, subject to de'sign approval by the Developer, which approval shall not be unreasonably withheld or delayed. 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 Substantial Completion of the Park and the Lakes, as described on Exhibit D attached hereto, and approved final design and the filing of the applicable Final Plat which contains the Park and 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 a~jacent 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. 8. Water Park Easements and Parking Rights. The City shall consider a request from the Developer that the City grant to the Developer a pedestrian easement through the non-gated areas ofthe 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. -r J . ~ -+,,~<-rt 9. PID. ~llô "cd b) applieable la'N, tR~ p>trties li'lft) furnl tile rID ;:,uL;:'l;;qucnt t6 the ~.1- ~(eQ1Ition {'If thi'i A greem.::nt. 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 the PID. The Comprehensive Development Agreement - Page 12 2156.64 Insert 1: The City will give due consideration to a lawful petition for the establishment of a PID within the Development. If the governing body of the City makes the requisite findings in respect of the proposed PID, and all other requirements of law are fulfilled, then the PID shall be established in accordance with applicable law. Subject to compliance with applicable law, it is currently contemplated that one of the primary purposes of the PID, if established, will be to maintain the Parking Areas. 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 PID may undertake other purposes as allowed by law except the maintenance of the Park an the Lakes. The responsibilities of the PID shall include, but not necessarily be limited to, the following: (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; _ (t) 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" ofthe 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; G) Coordinating usage of available Parking Areas in the Development with parking availability in adjacent properties owned by the City or any other public entity; and (k) Coordinating with the City on all parking issues, allocation and conformance with zoning requirements for the Development. 10. Planning and Design of City Recreation Center and City Library. 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 Comprehensive Development Agreement - Page 13 2156.64 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 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 ofTIF # 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. 11. Construction of City Recreation Center and City Librarv. The City shall initiate the process offinancing, bidding and cOfi~truction ofthe 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 $260,000,000.00; (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 ofTIF #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 for 400 parking spaces, 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 ofthe 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 Comprehensive Development Agreement - Page 14 2156.64 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 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, not to exceed 400 parking spaces, for such facility as designated by the PID, in order to serve the parking requirements for the City Recreation Center. Upon completion of the City Recreation Center, the City shall pennit all daytime residents of the Development to acquire a membership or utilize the City Recreation Center at a cost which is less than membership or usage charges for residents of Tarrant County, Texas. 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. In the event that the parties agree upon changes in the sizes of the building pad, the price for the applicable Tract shall still be detennined on the basis of $9.84 per square foot for the area contained in the agreed upon huilding pad. 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. 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. 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 Comprehensive Development Agreement - Page 15 2156.64 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: (a) the establishment of guidelines, regulation and supervision for parades, street festivals and special events in such district; (b) 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; (c) the establishment of guidelines, regulation and supervision of any "farmers' market" located in such district; (d) the establishment of guidelines, regulation and supervision of thematic programming of streets and decorations in such district; and (e) 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 Eli~ible Expenses. The parties agree that the Developer will be reimbursed for Eligible Expenses (but not in excess ofthe 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 Re~arding Draw Request") to the effect that the Developer should submit a Draw Request to the City. Within ten (1 0) days after delivery ofthe 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, ifthe 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 \ Wz Q('-\ to require the Developer to correct any deficiencies in such Public Use Improvements I . ove . . e ity shall place into any selected b amount equal to the Eligible Expenses to be reimbursed to Dev IS a t the transfer of escrow funds will occur at no cost to the d any costs associated with the trans er ds will be borne by the City. The 1 e comp Comprehensive Development Agreement - Page 16 2156.64 Insert 2: The City and the Developer shall create terms and conditions that allow the mechanics of the exchange of funds to achieve the purposes set forth in the TIF # 2 Project and Finance Plans. In the event this does not occur, any and all terms of this agreement may be declared null and void by the City. · ompany is authorized and instructed (i) to deliver the funds deposited into es . to the De er, and (ii t.Q.-df"liuer thc CUTIVi ce ocuments deposited into escrow by the 1 ' prt ::rV\5~r+ r r 0 the 1 . J (}7--' 3 X~ . --I ~ 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 oftime. 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 (b1 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 (AutoCad, Release 14) of the record documents for any such site developments. 18. Indemnity. 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 "". Comprehensive Development Agreement - Page 17 2156.64 Insert 3: 15 Taxable Value Protection The Developer/property owner will not appeal property values to TAD Review or claim agriculture use, to achieve value levels lower than those values in the TIF # 2 Finance Plan or the value that is necessary to support any outstanding debt planned for TIF # 2 financial support as shown in the TIF # 2 Finance Plan, whichever is greater. In the event the terms of the foregoing paragraph are breached and values are set at a level lower than is necessary to support any outstanding debt planned for TIF # 2 then, in such event, the City has the option to refuse to perform any or all of its financial obligations under this agreement by giving 30 days written notice to the developer/property owner. In the event the city chooses to refuse any financial obligation under this section, the owner/developer will be entitled to a 60 day period in which to cure the breach. 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. 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 tenns and conditions ofthis Agreement, the other party hereto shall have the right to enforce the tenns of this Agreement by specific perfonnance, 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 ajudgement lien on any property owned by the City. 22. Entire Aereement. 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. 23. Assi~nment 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. 24. Successors and Assigns. 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. 25. Memorandum of Aereement. 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. 26. 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. 27. 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 Comprehensive Development Agreement - Page 18 2156.64 mail, return receipt requested, by hand delivery, or by facsimile transfer and shall be effective upon receipt at the address of the addressee. 28. Exhibits. The following exhibits are attached to this Agreement and incorporated herein by reference for all purposes: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Legal Description of Development Regulating Plan Description of City Sewer Line Description of Lakes and Park Description of City Recreation Center Tract Description of City Library Tract Fonn of Draw Request Project and Financing Plan Comprehensive Development Agreement - Page 19 2156.64 EXECUTED by the parties hereto as of the _ day of Address for Notices: Address for Notices: Comprehensive Development Agreement - Page 20 , 2000. 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 21 2156.64 Developer acknowledges and agrees that the City shall have the right to require any and all documents and infonnation 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 22 2156.64 Attachment "B" 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 request · 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 wlTU 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 " . CITY OF NORTH RICHLAND HILLS Department: Pu blic Works Council Meeting Date: 12/11/00 PW 2000-038 Subject: Approve Covenant with Home Depot USA, Inc. for use of Agenda Number: Wayne Lane Street Right-of-Way - Resolution No. 2000-098 This covenant allows Home Depot to use the Wayne Lane right-of-way (ROW) which exists between their property that fronts on Mid-Cities Boulevard and Precinct Line Road. The items covered by the covenant are listed below. 1. Home Depot can construct and maintain a hard surface road and driveway in Wayne Lane ROW. 2. Home Depot can install and maintain street lights, irrigation system, landscaping, roadway signs, and underground conduit and utilities in the Wayne Lane ROW. 3. The City shall have the right to grant access to Home Depot's entrance road for Lot 16 of Thompson Park Estates, if necessary. \..... 4. The agreement will run with the land. As part of Home Depot's responsibility, the restrictive left turn signs will be installed prior to the store opening. Staff will bring an ordinance concerning the restrictive left turn movements in the near future. Recommendation: To approve Resolution No. 2000-098. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds AvallaCle ~ Finance Director RESOLUTION NO. 2000-098 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 covenant with Home Depot USA, Inc. for use of the Wayne Lane right-of-way. PASSED AND APPROVED this the 11th day of December, 2000. Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO CONTENT: ;¡~ 1 1R 1202 ;~ 2 u..N: 1 . 2 1.710. ~ 1R1211 1R12K 7.\ÓÓ? 2-1. II; ; UN:. 1R 12 11.2 N: 10 11 ~ IR WA 17 t~~ 9~\j2 .A2 IS.!!" 0 1R2 4.120 N: 2 189 . I 12C ,GIIN:. 1R12C 1,<2' 0 11 '2<'2 1.40! N:. IR '201 'S-Ið2 0 IR<IA2Ø 11.127. ... O.S Þ&. ---- ---- ----- \lt1.1 ---- ---- - ----TÃšõJ--,TiOÆ----+ IR3A Uð2 N:. < IR4£ 1Q.158 . 111 4E '8.168 . 1IIao '0,283 N:. 1R 3E 101 N: IR 38 UN:. pi1[<¡( OffICE ;\E[<GON cØJ 111' 13.40 N: TIt. 13.40 11; TyLefTS r1A]lS~ p~ \Ô~ ...... w,ð.1..I<£R I...C·suRV£\ V165 IRðC 8.601N:. 1IIJC ....Q 1C 1 i IrR 301 :z.S N:. IR30 '-67 Ie J02 ,,~ 1 CARDINAL LN ~ NCT p[<ffJi1[<E .. TRIA 18.772 N: IRS 2J.JÐ N: i1 rf/1 ¡{ú[<ST ( . -po.- - - - - - .. ..:. ~lncTU BcI,R'pV I LLE I SD 902 UI A ""n U 11 . ~ ,.. 1 TV .. ð 01 JUL 98 /i'1 2090-432 / A ~ STATE OF TEXAS ) COUNTY OF TARRANT ) COVENANT Whereas, Home Depot U.S.A., Inc., a Delaware corporation having an office at 2455 Paces Ferry Road, Atlanta, Georgia 30339, Attention: Vice President-Real Estate Law Group ("Home Depot") is the owner of an approximately 17.3 79 acre tract of land out of the T. K. Martin Survey, Abstract 1055, located near the intersection of Precinct Line Road and Mid- Cities Boulevard and more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"); and Whereas, Home Depot has requested access to said Property through a platted public street called Wayne Lane and the right to make certain improvements to Wayne Lane in connection with Home Depot's development of the Property; and Whereas, the City of North Richland Hills (the "City") is willing to grant such access arid allow such improvements upon the terms and conditions contained herein; Now, therefore, for and in consideration ofTen Dollars ($10.00) in hand paid, the mutual promises and covenants made herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, the parties agree and covenant as follows: The City covenants and agrees that (i) Wayne Lane shall at all times remain a public street and (ii) Home Depot, its tenants, customers, employees, agents and invitees shall have fuil and unrestricted access to the Property over and across Wayne Lane. In furtherance of the foregoing, Home Depot shall have the right to construct, illuminate and maintain a hard surface road and driveway from Precinct Line Road to the Property within the Wayne Lane right-of-way. Home Depot shall also have the right to install underground conduit and other utilities, light standards, irrigation systems, landscaping and roadway signs within the Wayne Lane right-of- way. Any improvements within Wayne Lane. made by Home Depot shall be maintained by Home Depot at its sole cost and expense. In the event the owner of Lot 16, Thompson Park Estates (the property abutting Wayne Lane on the north) wishes access to Wayne Lane and the road improvements constructed by Home Depot within Wayne Lane, the City shall have the right to grant such access pursuant to applicable City rules, regulations and policies. The provisions of this Covenant shall run with the land and shall inure to the benefit of and shall be binding upon the parties hereto and their respective heirs, successors, assigns, and the legal representatives of their estates. In Witness Whereof, the parties have executed this Covenant as of the _ day of October, 2000. CITY: CITY OF NORTH RICHLAND HILLS, TEXAS By: Larry J. Cunningham City Manager STATE OF TEXAS ) COUNTY OF TARRANT ) This instrument was acknowledged before me on the day of October, 2000, by Larry J. Cunningham, the City Manager of the City of North Richland Hills, Texas, on behalf of the City. Notary Public, State of Texas My Commission Expires: Notary's Printed Name: SIGNATURES CONTINUE ON FOLLOWING PAGE 420285-2 1630.1331000 2 HOME DEPOT: HOME DEPOT U. .A., INC., a Delaware corporation STATE OF GEORGIA COUNTY OF COBB ) ) This ins 2000, by day of October, ~í ~ æ;~~ Notary Public, State ofGeo . ~~ Notary's Printed Name: GLENDA M. WIGGINS My Commission Expires: 'OffiCIAL SEALa Glenda M. Wiggins ~1aTy NJ\ic Slate 01 Goorgla i My CommisSo" Expires 1~-27-Ð3 42028S-2 1630.1331000 3 EXHIBIT "A" A tract of land situated in the Tandy K. Martin Survey, Abstract No.1 055, Tarrant County, Texas and being all of a tract of land described in a deed to LUCAS FAMILY LIMITED PARTNERSHIP as recorded in Volume 12980, Page 501 of the Deed Records, Tarrant County, Texas (DRTCT) and being a portion of Lots 5, 6 & 7, Block 2 of THOMPSON PARK ESTATES, an addition to the City of North Richland Hills according to the plat recorded in Volume 388-12, Page 31 (PRTCT) and being more particularly described as follows: COMMENCING at a brass cap monument found for the southwesterly point of a corner clip for the intersection of the northerly right-of-way line of MID-CITIES BOULEVARD (WATAUGA ROAD) (a variable width right-of-way) and the westerly right-of-way line of PRECINCT LINE ROAD (a variable width right-of-way); THENCE departing the westerly right-of-way line of said PRECINCT LINE ROAD and along the northerly right-of-way line of said MID-CITIES BOULEVARD North 89 50'10" West, a distance of 135.18 feet to a 1/2 inch iron rod set for the POINT OF BEGINNING; THENCE along the northerly right-of-way line of said MID-CITIES BOULEVARD North 89 50' 1 0" West a distance of 868.12 feet to a 1/2 inch iron rod set for corner; THENCE departing the northerly right-of-way line of said MID-CITIES BOULEVARD North 00 09'59" East, a distance 6f 850.52 feet to a 1/2 inch iron rod set for corner, said point being in the southwest corner 6f Lot 1, Block 1 of THOMPSON PARK ESTATES, an addition to the City of North Richland Hills according to the plat recorded in Volume 388-2, Page 34 (PRTCT); THENCE along the southerly line of said THOMPSON PARK ESTATES as recorded in Volume 388-2, Page 34 (PRTCT), North 89 57'09" East, a distance of 549.80 feet to a 1/2 inch iron rod set for corner in the westerly line of a tract of land described in a deed to Kimberly Ann Hawkins Phillips as recorded in Volume 10250, Page 1931 (DRTCT); THENCE along the westerly line of said Kimberly Ann Hawkins Phillips tract South 00 21 '27" West, a distance of 140.00 feet to a 1/2 inch iron rod set in the southwesterly corner of said Kimberly Ann Hawkins Phillips tract; THENCE along the southerly line of said Kimberly Ann Hawkins Phillips tract, North 89 57' 11" East, a distance of 130.04 feet to a 1/2 inch iron rod set in the westerly line of Lot 17, Block 1 of said THOMPSON PARK ESTATES as recorded in Volume 388-12, Page 31 (PRTCT) ; THENCE along the westerly line of said Lot 17, Block 1, South 00 16 '0 1" West, a distance of 1 09.72 feet to a 1/2 inch iron rod set in the southwesterly corner of said Lot 17, Block 1 ; THENCE along the southerly line of said Lot 17, Block 1, EAST, a distance of 190.00 feet to a 3/8 inch iron rod found in the northerly right-of-way line of THOMPSON CIRCLE (WAYNE LANE) (60 feet right-of-way); THENCE South 00 16'00" West, a distance of 60.00 feet to a 1/2 inch iron rod set for corner in the southerly right-of-way line of said THOMPSON CIRCLE; THENCE along the southerly right-of-way line of said THOMPSON CIRCLE, EAST, a distance of 219.21 feet to a 1/2 inch iron rod set for corner in the westerly right-of-way line of said PRECINCT LINE ROAD; THENCE along the westerly right-of-way line of said PRECINCT LINE ROAD, South 00 10'03" West, a distance of 375.00 feet to a 1/2 inch iron rod set in the northerly line of Lot 4, Block 2 of said THOMPSON PARK ESTATES as recorded in Volume 388-12, Page 31 (PRTCT); THENCE departing the westerly right-of-way of said PRECINCT LINE ROAD and along the northerly line of said Lot 4, Block 2, WEST, a distance of 219.86 feet to a 1/2 inch iron rod set in the northwesterly corner of said Lot 4, Block 2; THENCE South 00 16'00" West, a distance of 168.85 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 17.379 acres or 757,050 square feet of land more or less. LESS that portion of said property dedicated for right-of-way purposes on the Plat denoted "Home Depot Addition, Block 1, Lot 1", which has recently been recorded. .. . CITY OF NORTH RICHLAND HILLS "--- Department: Public Works Council Meeting Date: 12/11/00 Subject: Approve Drainaae Channel Maintenance Aareement with Home Depot USA, Inc. on Lot 1, Block 1, Home Depot Addition - Resolution No. 2000-099 Agenda Number: PW 2000-039 ~ection 404 of the Clean Water Act requires the U.S. Army Corps of Engineers to regulate the discharge of dredged or fill material into all waters of the United States, including wetlands. The channel relocation on this property has been submitted to the Corps for review. The chann~1 will have to be earthen with some gabions in the bottom to meet the Corps criteria. The. slopes will be landscaped with trees and grass. Staff has informed Home Depot of the City's policy on having new developers enter into a maintenance agreement for any earthen channels installed. The attached maintenance agreement covers Home Depot's responsibility to maintain the channel on Lot 1, Block 1, Home Depot Addition. It also gives the City the right to correct any problems and file a lien on the property if the channel is not maintained properly. Recommendation: To approve Resolution No. 2000-099. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Director Budget Director RESOLUTION NO. 2000-099 BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, that: 1. The Mayor be, and is hereby authorized to execute the attached Drainage Channel Maintenance Agreement with Home Depot USA, Inc. for Lot 1, Block 1, Home Depot Addition. PASSED AND APPROVED this the 11 th day of December, 2000. Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary ex McEntire, Attorney for the City APPROVED AS TO CONTENT: EARTHEN DRAINAGE CHANNEL MAINTENANCE AGREEMENT KNOW ALL MEN BY THESE PRESENTS THAT: WHEREAS, by plat denoted "Home Depot Addition, Block 1, Lot 1" (the "Plat") approved on September 25,2000, by the City Council of the City of North Richland Hills, Tarrant County, Texas ("City"), Home Depot U.S.A., Inc., a Delaware corporation, having an office at 2455 Paces Ferry Road, Atlanta, Georgia 30339, Attention: Vice President-Real Estate Law Group ("Developer") was permitted to develop the property described thereon (the "Property") in accordance with such Plat; and WHEREAS, the Plat, a copy of which is attached hereto as Exhibit "A" and by this reference made a part hereof, requires the construction on the Property of a facility to provide an earthen drainage channel ("Earthen Drainage Channel") to relocate the FEMA designed IOO-year flood plain as required to permit Developer's intended improvements; and WHEREAS, the City is willing to permit the Developer to construct an Earthen Drainage Channel with pilot channel in accordance with plans approved by the City, as opposed to a concrete channel, provided that the Developer agrees to maintain such Earthen Drainage Channel. NOW, THEREFORE, Developer and the City agree as follows: 1. In the event Developer develops the Property, Developer shall construct, at its sole cost and expense, the Earthen Drainage Channel in accordance with plans and specifications approved by the City. 2. Developer shall maintain the Earthen Drainage Channel in a prudent manner to minmize soil erosion. 3. Should the Developer fail to remedy any inadequacy in its maintenance of the Earthen Drainage Channel within twenty (20) days of receipt of written notice from the City to the address set forth above or such other address as Developer shall designate to the City from time to time, the City may, but shall not be obligated, to provide such maintenance that it shall reasonably deem necessary and all costs thereof shall be reimbursed to the City by the Developer upon written demand therefore. If the Developer fails to so reimburse the City within ten (10) days of such written demand, the City shall have a lien against the Property for such amount, provided, however, such lien shall not be valid against a bona fide purchaser for value unless a notice of such lien stating the amount shall be filed in the office of the Tarrant County Land Records. By acceptance of this Agreement, the City agrees to execute a certificate (addressed to the party requesting same) within ten (10) days of written request therefore, stating whether or not any amounts are due and owing from the Developer pursuant to this Agreement. 432082-1 1630.1331000 4. The agreements made herein shall be binding upon the parties hereto, their successors and assigns and shall be a covenant running with the land. Executed this the~day of October, 2000. DEVELOPER: HOME DEPOT U.S.A., C., a Delaware corporation By: ~ STATE OF GEORGIA COUNTY OF COBB knowledged efore me on this the:Jl:i4 day of . - ,the of Home Depot U.S.A., Inc., a said corporation. ~g:¿ ~~- Nótary Public, State ofG rgia Commission Expires: Notary's Printed Name: 0' 0 :I~ø~ GLENDA M. WIGGINS SIGNATURES CONTINUED ON FOLLOWING PAG "OFFICIAL SEAL a Glenda M. Wiggins Notary Public State of GeorgIa My Comrrùssion Ðpires 12-V-03 432082-1 1630.1331000 CITY: CITY OF NORTH RICHLAND HILLS: By: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on this the _ day of October, 2000, by Charles Scoma the Mayor of the City of North Richland Hills, Texas, on behalf of said City. Notary Public, State of Texas Commission Expires: Notary's Printed Name: 432082-1 1630,1331000 1~ ~I~r=f:::~~ :}~~L: _1-2. Pg. 34 II ~'~~~~IJ:~ ~ I unn LO"1 \OTIJ LOT 14 1 I I I I I I I I d-..:-= --Ir-..:-=h~-=-J.=---J ------ - :rr------------------1 ,,_\ E....L 'I' 4-12. p.... 31 :1\ III I I Z....¡.,r-1 ....Oäc 1 1H:~f."p~TA3~S- _ _ _ _ _ ---J (TifT) LOT " I I I I I III III I I 30" luihS,", S.tbock I I Vcii:jie':",CP9.3i-J- -- 80' I~ _____ ,¡r I S ocrlll'oo" w ¡ .. &0.00' W I),Y¡.J ~ /-tv. ----------- LOT 15 r '7 (10' "",\-01-_) EAS!,. _ ----ll9J.1·_ [SW'T, T2 I ~_ 2D':"~T".:'~~~~OC.!!_ __ __ _: I' VOl. ........12. Pt- 3' I N 81tH27,5S.9 ,J II E 237'1JoO,'_ I .Ii ~ I EL 813.80 I... ~ ~I I (' -~ :~i ~I 1- I ti..MySWII ~I 1 ~ ~S~ß II I I ::I; I III I I I ~~ / I: !.!- ; I ~ 1ii I '0' Uti" E_L .... II I i - 381-'2. p. 31 1l!~I.~b."''''n"'''' ~;",- "01. bll I I $¡ f"'"u"u.u.u ----'"" \.- ~I I I .~: I I- ~I ~ I: _5::~ E;:'~ 3' : I~ ~I §/ I: I ~ ~I i I: : I I ~~ SSESW. 1>'. I BY THIS ~AI §I- . .!!... ""i3 I I~...I:!_ LOT 0 )~~o, ...9 I I fa ut ut_. temL ~ - T24 ! i I - 381-12. ..... 3' I ::!I.",IL______ --3 A __ __ L_l- r--=-=--- --- -~.. LOT 3 .. ... ..; ~I I I li~ IT. I~I~ æ::i! 5(õ II ,.. z__ Õ-O Iii I 1:1- LLJ ~ : I ~ I - I ~ I Lh , - ~I I ~I~ Z i-.!. ~:Ii! ~Irl ~~ 0::1 - Q.I I TANGENT TABU: on on 2 T ANCENT BEARING LENG1H TANGENT BEARING LENCTH d T, N 89"50"0' w 58,17' H. N ..."0·'0· W 51.79' Z! cJ 12 N 89"44'00· W '5,00' T02 H 4~'Ot·~· E ~1.27' ü:Z: :; Z . T3 5 50'5"2· W 32,2~' T4J N 44"50"0· W 1~.OO' ~" lit - .... T. H oo"C9'!»CJ:· E 90,27' 14' S 05'09'50" W ~1.27' ¡j~ ~!E T~ N .~'09'50" E 92,'3' T4~ N 44"50'10· W 32.'0' T5 N 44"$0'10· W 20,00' T48 5 4~'09'!»CJ:· W 39,23' <1) .:. '" T7 S '5'09'50' W 72.13' T07 N 19'50"0· w 8J.~2' :.::.æë ::òH T8 N '~'09'50' E 80.11' T08 S 00-09'59' W '~,OO' t.<: iI .... II . a N 44'50'10· W 20,00' T'9 S 89'50"0' E '~,OO' J-U f"".! no S '5'0"50' W SO.I1" 150 N 00'5'00' E 25,00' 11- "'§" TII S 89'57'11' W 22,'9' T~' N 89'50'\0' W '~.OO· .s~1i Q 0 T,Z N 44"50"'0· W 31.18' T~2 S 0018'00' W 2~.00· 1í:j ..,..11 T13 N a9'SC"0· w '1.54' T53 S "'00'00' W 11.4" a Q T,o S 00'09'50' W '8.74' T50 H "·5(no· w 2,00' 2_ J: T,5 5 44"!10'10· E 47.48' T~~ N a,"50"o· w 124.10' .0 T18 5 10'5"2· W 47.~2' T58 S 89'50"0' E 11~.ao' >< n7 N 44·44"4S· W 28.85' T57 N 00'09'50' E 32,~1' ... n8 S 00-09'50' W 20,00' T58 S 59'50" 0" E 50,07' '" T'9 S 44'44'4'· E '2"0' T~' S 00'09'50" W 2UO' ! T20 S oo,~"2" W 5.85' T50 S 89'50"0" E 20,'7' 12' S 119'50"0" E 3~,30' Te' S 00'09'50' W 7,7~' T22 N 50"15"2' E 98.57' Te2 S 89·.~'~2· E 59.0" 123 N 89'57'09' E 40.00' Te3 N 00-0"50' E 2,50' T2' S 11'50"0" E 58,13' T50 S 89'05'~2' E '~,OO' 125 N 0018'00' E 20,00' Te~ S 00'09'50' W '~,OO' T25 S 119'50"0' E 42.41" Te8 N 89·.~·~2· W '~,OO' T27 S 00'03'25' E 2"~0' Te7 N 00'09'50' E 2,50' 125 S 89'50"0" E 9.11' Te8 N 89·.~·~2· W 79.0" T2. N 00'09'50" E '5,00' T89 S 89·..·12· E 37,~0' T30 S 00'2,'2T W 89,48' T70 S 00"09'50' W 20,00' T3' N a,"S)',o· w 72,81' T7. N "'"44'12· W 37,~O' T32 S 89'5(1"0' E 13.52' T72 5 sr,,'1S· W 51.24' T33 S 59'50"0' E 15.00' T73 5 4~'O9'50· W 3Vt T3' N '~'09'W E 28,110' T70 NORTH t.44' T3~ 5 44'SO'10· ( B7,28' T7~ S OO'09'!>O" W '~,OO' T35 N 89'50'10· W 20,'7' T37 S 00'09':10' W .5.00' T]8 S 89'5(1'10" E 35,17' (f) T39 N 0018'00' E 27,35' 140 N OO"O9'~· E 7J.51' I- W « a::: ....J <.) 0- « ....J (j) « '" z I"") u.. '" .- CURVE TABU: CUA';[ DELTA AAOIuS TANGENT L[NCTH BEARING CHOIIO C-1 29'54']8" 110.00' 29,38' 57.42' N 75'2'3" E 58,77' C-2 29'50']8' 90,00' 24.04' 48.9e- N 7~'2'3" E 48.0~· W£.ST- - - '2'1 . 115.~ J =.::- - - ~ .- , , " If 80' ,I %. lï;¡ j-~ -J: 5fõ J-~ _-D :t Õ: I I I I ~ , , '" FINAL PLAT OF HOME DEPOT ADDITION LOT 1, BLOCK BEING 17.379 Aere. of land situoted in Tondy K. MotUn SU....y. Abstract No. 105~ Torront Count)'. Texas Sur..)Or Wlnkelmonn .. Anoelotos 6750 Halerest Plozo Of. ,,00 DoIlos, TX 7~2JO 972-490-7090 HOllE DE,t;'i;.s.A., INC. 2800 Forest Lone 00110" T exos 7~2J4 972-402-3800 Oote: 6/~/2000 Rev. 8/24/2000 Rev. 11:/06/2000 Rev. 10/12/2000 ! = ~ III .... it a . .if . a& _:S ~~I .tiI 0 ~ = · D .-.< I ~.. I!. ra- II Ii!'Id = ~i \:: cD ~ ~ 0 ~ on i~ ... .. .. . i~ .. .. ¡ .; '" . .. .. 0 c ~æŠ c . b" U ~I;"I; ö ......1;, .. ~j=1..1 .I.š¡ði!l SHUT 1 OF 2 ---------------- ------------------- T.K. MARTIN ROAD ~ (_loiii. wid'" rlv/Jl-of-..rJ î ~fi- r~=:~~~t,~=~~::T~~~11~~~~l,:~~;4~~~;r~~;:t:~~Y-rl ::~~+: '"I I I\.. \.. -- I ¡,¡ I I I I I I I F' t'I-'=-..,.... I ", I I I I' Ullltr EMOL I I I Ii:' ¡;. ( "1C'I I I I I i4 Vol. 311-2, p. 34 I !I ... I -----~~-I----- - ----J-----~---~AAA.I--.r1M ------4~--'f-~---~- __ ~- --~--.. - ~,- J!'-----,. I. ---==------:.. r---Ñn~~-c--- -----~~r------- I . I· .., I~ SAN, SWII ESUT, 51 I' U'.'r E... ~ID 8Y 1HIS PLAT I.... Vat. 311-12. PQ~ i~ ~ I I T31 J ~ N 11'10'10· W 119,111' ~>- - - - ";",t ~ ~ .(\",,,r;.... -=--N-'i"'IÕ'Iõ'-=i- -=-- -=---::-::- - - 29Õ.i7' - - -"""".I'~ ..~~.../ ri! ((~ç----,-.......,------ -....,.---~ V;, "L\!.,-~'" : z:!; II (I "':13<''':; : "¡I ~;: I ' ,', ~ 2 :21 .. 'I : " " ORAINACE ESUT, -\ . "'I 51 I ' I BY THIS PlAT ~ II: : : ~ ~ 0~i¡ n ___.=u__-J1-:::::=~' I ~II.I I r ____L'!.~I.9.".1_____1-1-------uøJi:L-- I .. I J I I I ~ _II I ;.I Pi ,~. WATER UNE [SW1. 113 I I I .. I I :::. ~ BY THIS PLAT ~ ~"'.. PuBUC Aca:SS ESU'T, I"'; II I ~ " ' ,,'J I ~T IZ"'! I I I I "3 '.. I~ ~WZ · 'I I " ~ 1~2ª I II~' WAT!:R LINE ESUT, I ~ I~ Iª ~ ~ II I BY THIS PlAT I~' WATtR LINE ESUT,: I"'w" I J BY THIS PlAT I I I lê~~ II ~w I w I.Zi ,I' is! I LOT 1 I I~¡w I rS\ Ii: I 17.311 AC I I~ I:ïlð rI'J18 I 11 I' S 1:8 Iz I 754,046 Sf' I 18 U '" I I z I ~ I I I I ~I3 .1 J 152 I! I &4 ,I :;'1 I /) r--- ~-r '=: 511 ~ ~ ..,~ .>. I r-rll' +-1-J'i¡.J~ "I' , 1 I III I 4,\" ~ ~ I V ..../ II I ~ ~ / I 1147 I l.. .J''! 0 I I \ --H---f-! l", I I / T",! _UW_ _ r: JlI. J~ I I I Ii:: 1 I r7'1I<: I I , I~ 1 I I liS 18 I I I I r 1- I I I I I I. w I I J 'Iw ;-'1 r¡¡ I (51 I~ TJI! I "1 I~ ~ ::;1 I,.¡ "I' ~ I .. /'{!I '~I I~ .11"81'J I~ ~r TJa 18P 0'1/ > 1 I I 1:0 I 18 ~L.__.J ~ I. II ~k.JZ 1 IZ/..'>/ / -.uAM S(U)£R, ot. ... I~ z~: 8\ T33 v / / T.K, IWITIN =y.I~ST. No. 1051 ~ I: "'I 10' TXU ESUT, I ( I t BY THIS PLAT 20" DRAINAGE [$MY. I ~I I Iw I BY THIS PlAT I . 1 I ~ ~I : ~ ~ S '1'30'09· E S B~~~ E I~ c-\ n Z I 18 . / 55,'" PUSlCNBI¡!C¡:,Z'!'~ONC~ E-'T, I -- - - ~ ~ ~ S "'10'10· E 2B5.02' - AU - - '\~ ./ : I Z '--.!2'..l:.C - - - - - - -:;:;--- - - - -;::¡ BY T>lS PlAT. V V ~ - T24 - 1 I I RELOCATEO n.OOOPI.AlN "--/ _!Q"W I:!L T2B S 11'10'10· E 131,'" I /' c 1 I I ~ DRAlNACE EASEMENT .. ~~ ~ = --....- «\."7 <J.V J~ __..L_ _:.o':~ :~~~ '::':'_TRA~~_S!.~~·__ _ -:¡E._ A .~::-- ~...Ç..~/ r--_ -- - ---- I I ~ ¡r "..,.'~~ 4-121 ,,,. It;CIO'-_- NII9~O=W~':'------- ~.. -~~_: 2B7'PL::-~: - '~ ,. ~W1o- ./868.12" \ROW nrDICAnoN L ¥r 211. BY THIS PLAT (3004 5.r.) . rw N 119' 810M Ë2J7Ï MID-CITIES BLVD. - - - - - - - - - - - - - - - - - -(1ÏÃT~ - - - - - - - - - -- (_. ..."" rlv/Jl-or-..rJ ß N ß III 30' r 1 1 ---~ _ 1".111 ILCENO '~ .... Rod rOOJn4 IRS Iron ReId SIt LOT 17 ~I LOT 2 1 ___ a ~ 1 _ :T~ ~ 1 1 _L~T: ~ Z_II-T 1 P_MAII AOCIITION 1 1/Q"UUE 38&-t. PO« 847 j (PIITCT) LOT ~ --- '-I 1 ~-'--J - - LOT 7 --- --- _ _ _ _ _ _ -- - - - - - - - - - - - - 'T - - - -r - - - - - - - - - -- L-____, 1 PUBLIC TRAmC ~ I StGNALlZAT10N . [511'1. t... _ _.J -. . Pc. rØltIMlI 1.$.0. - lie ......., ..tJIJ 1101 10« IXPOT u.s.A.. IIC. II 11M ..... ... lie .....,_le........... kit........ -...-.. r_ ....... .. ... pilL , 10« OEPoT u.s.A.. IIC. _ lor _ _, _ SloIo .. ..... .., _ ...... .. fM te ... ... ...... 'IIIftoM .., .. ............. ,. me Ihot ... ....t.. , _ __ .... In 110 ....-, _ ... _ .., ., :aooo. " """'" In .... ... _ Counl,. M'" ...... CWNftÍIIiIft ....._ ;[ PRESENTS: .91.1..... PFcit.......aI L_ Surw,at lie...... In Ih. SIal. of T..... do pial I. \NO _ corrOCI ond ... pr_'" from on OClual _y modI " \/II 9"_d. L_ Suno,., 4!1111 ... Inc- '.. 1100 __ ... _... .... Z...... __ .. .... ClI, .. """" _ H'" T_ :::.::~~':' :"~I~ .. :aooo. Ie .......- Ooaötmon, -. .... Z..... -- Atl_ _01..,. -. .... Z...... -- __ ... CIt,_ .. .... CIt, .. _... _ _ T_ ..... 01__, .. ......... _..,.. :aooo. Ie _..... ....11ty... CII,_ ...,..,. CIt, .. _... _ - Atl_ CIt,_.., FINAL PLAT OF HOME DEPOT ADDITION LOT 1 I BLOCK 1 KINC 17.379 Acr.. of IoncI IIluol.d In Tondy K. ......11n Suney. Ab.IrOCI No. 1055 Torronl Counly. T..o. Surwyar Wlnkotmonn .. _iéÍI.. 11750 Hllet..1 Plaza Dr. flOO 00II0" 'IX 75230 972-490-7090 Plfor HOWE DEP U.s.A., INC. 2IlOO f' .....1 Lon. 00110" T..o. 75234 972-402-3800 Dole 1I/5/2rm R.... en4nrm R.... t:tOð:t2rm R.... '0/12/2000 ! =! In S.. on II . -"I Q.!! u ~ 0 ~ = : D .- < J ~.. Ih ~ 13 IJ'Id '" '" ~ ó Z¡ ~~i -Ii · ~j; "'-0: C !d .H_ .s¡~~ j~ .tI '" .. i ~ oJ æ I~ J....Ii~ uS .. :)1; f'!!.! ~u "'N~ ~ Q % (f) I-W «~ -1ü Q..« -10) c:x:'" ZI'-'1 lL.r--: .- o o ~ .. : :I ~ ¡ç .0 Ñ N ..I ..... ~~~E .. . ¡ ~ .¡ 0.' n .. ~ .Ii' .. II' ó '::111'1 .. iJi1!1 IIIIŒf 2 01' 2 OWNER'S CERTlFlCAtE STAtE OF tEXAS COUNTY OF TARRANT 'MiEREAS HOllE DEPOT U.s.A.. 1Ne. Is \II. _.. 01 0 \toel 01 lond liluoled In \II. Tond, Ie. MOtUn Sur.." Abslroet No. 1œ:!, TOtront Counl,. T_s ond being 011 01 0 \toel 01 lond d___ In 0 d.ed to LUCAS F Noll\. 't UlllltEO PAR1NERSHIP os record.d In VoIum. 12980. Pogo !>O1 01 Ih. DeØ RICOtd.. Torront Counl,. T..os (DRTCT) ond b.lng 0 portion 01 LoIs 5. 6 .. 7. Bock 2 01 tHOIIPSON PARK ESTATES, on oddillon 10 \II. ClI, 01 NOtth Rlctllond Hils oeeOtdlng to \II. plol recordld In VoIum. 388-12. Pag. 31 (PRTCT) ond being mOt. portlculart, dncribld as loll...... COUNENClNC at a brOil cap manum..t found lOt \II. _\II_tori, point 01 a earn.. dip lOt tho Int..socllon 01 \II. nOtlhorl, right-ol-way 11n. 01 1I1O-0TlES BOULEVARD (WATAUCA ROAD) (a _lobi. width rlght-ol-way) and \II. _lorI, rlght-ol-wa,lln. 01 PREONCT UNE ROAD (a _lobi. wId\ll rlght-al-wa,): tHENCE dllOttlng \II. _tori, rlghl-al-wa,lln. 01 ICIid PRECINCT UNE ROAD ond along \hi nOtthorl, rigllt-o'-wa,lIn. 01 IOld IofIO-OTlES BOULEVARD NOt\ll 119':10'10' _I. a dlslone. 01 1~18 I..t to a '/2 Inch Iron rod lit lOt \II. POINT OF BEClNNINC; tHENCE along \II. nOtlhorl, right-of-way 11n. of lOid 1III0-OTlES BOULEVARD NOt\ll 1I9'SO', o· _t a dislance 01 eð8.12 I..t to a 1/2 Inch Iron rod lit lOt COttIer: tHENCE depOttlng \II. nOtlhorl, rlght-ol-wa,lIn. 01 lOid 1IIIO-0TlES BOULEVARD NOt\ll DO"OII'". Eost. a dislonCl 01 8!00.$2 lilt to 0 1/2 Inch Iron rod lit lOt COtft... lOid poInl beÏn9 In \II. _lh_1 earn.. 01 Lot I. Bock I 01 tHOIIPSON PARK ESTAtES, on acIcIItlon to Ih. ClI, 01 NOtlh Richlond HilS aeeOtdlng 10 1/1. plat rlCOtded In VoIum. 388-2. Pag. 34 (PRTCr): 1HENŒ along 1/1. _l/IorI, r... 01 ooid tHOIIPSON PARK ESTAtES as rlCOtded In V.....m. 388-2. Pogo 34 (PRTCT). NOtlh 119'$7'oe' East. 0 dislone. 01 $49.8O ,..1 to a 1/2 Inch Iron rocl III lOt earn.. In 1/1. _tori, 1In. of 0 troel 01 lond dncribld In a d_ to Kimborl, /IIIn Hawkins Philips as rocOtded In Valum. 102!oO. Pogo 1131 (ORTer): tHENCE along 1/1. _lorI, 11n. 01 IOId l("""berI, /IIIn Hawkins Philips tracl Soulh 00"2,'21" Wilt. a distane. 01 140.00 1111 to a 1/2 inch Iron rod III In 1/1. _\II_lorIy earn.. 01 lOid Kimberl, Ann Howklns Philips Iraet: tHENCE along \II. _Ihorl, 11n. 01 ooid Kimberl, /IIIn Hawkins Philips Iracl. NOtth 1I!I'$7'I1. East. a distane. 01 130.04 1..1 to a 1/2 Inch iron rocl III In \II. _lorI, Ilno 01 Lal 17, Block , 01 lOid tHOIIPSON PARK ESTATES as rlCOtded In VoIum. 388-12, Pogo 31 (PRTCT): tHENCE along 1/1. .lItorly lin. 01 IOId Lol 17, Bock '. Soulh 00"16'0" _I. a dislone. 01 loe.72 ,..1 to a 1/2 Inch Iron rod III In 1/1. _\II_lorIy earn.. of oaId Lol 17. Bock I: tHENCE oIong 1/1. _lhorl,lIn. 01 oaId Lol 17. Block '. EAST, 0 eIIslone. 01 1110.00 1111 10 0 3/11 inch Iron rod lound in "'. _l/IorIy right-ol-way r... 01 tHOIIPSON ORCI.£ (WA'INE LANE) (60 1111 righl-ol-wa,): tHENCE Soulh 00"16'00' _I. 0 dlolOllCl 01 60.00 I..t 10 0 1/2 inch Iron ,od "' lot corn.. in \II. _"'orI, ,ight-o'-wa,lino 01 ooid tHOIIPSON ORCLE: tHENCE along 1/1. _l/IorI, rlghl-ol-way 11n. of ICIid 'IHOIIPSON 0RClE. EAST. a dlotOllCl 01 21!1.21 1111 to 0 1/2 Inch Iron rod lit lOt COtft" In "'. _lorI, rlghl-of-way 1In. of ICIid PRECINCT LINE ROAD; tHENCE along \II. _lorI, righl-ol-way r... of lOid PRECINCT UNE ROAD, Soul/l 00'10'03' _I. a dislone. 01 375.00 1111 10 0 1/2 Inch Iron ,od lit In Iho nOtlhorl, 1In. 0' Lol 4. Block 2 011Clid tHOIIPSON PARK ESTAtES as r_dld in _0 388-12. Pogo 31 (PRTCr): tHENCE depOtllng Iho _tori, rlglll-ol-_, of lOid PRECINCT LINE ROAD ond along 1/1. _\IIorI, lin. 01 lOid Lol 4. Block 2. WEST. 0 eIIslone. 01 219.116 lilt 10 a 1/2 Inch Iron rod III In Iho _Ih.lltorl, corn.. of ICIid Lol 4. Block 2; tHENCE South 00'6'00' _I. a dislOllCl 01 168.8$ 1111 to Iho POINT OF BEClNNINCõ CONTAJNINC oithin Ihlll moln ond bounds 17.379 ocrn Ot 7$7,œo 1qU0t. 1111 of land more Of I..... _ ALL MOl 8T nc5E ___TS: lIMo\, \, .. ......., .IIIJ .... _ 01 ... _ __ It.... 01 - ... .. ....., _ I' __ .......-01-_ ... ..., - ..- -- - .. ... ,.. __lIIJIOru.J"A... TIlle STAn: aT COUNTY aT - - ... -...... "....., - .. ... lor _ _, ... ...-, __ _ 10 _ _ 10 _ 10 ... ......... _I ... _ ::I:r'" lor .... ....- ... -.- -... -- .. _ _ m,_"'''' _ 01 oIlIce, """ 1M _*101_ "....., _ .. ond lor _ Ur "..,.,. ...... II, _ ....._ KNOW ALL lIEN BY 1H£SE PRESENT.S: Thol I. B. J. Darn. 0 Reglst.1d Prórnoic II....' _m)' "'ot 1/110 pial 10 - - ' und" m, .,penloIon on 1/1. ground. B.J. Ðom Regllt..1d Prol....aI Lend SuneJOl' T._ Reglstrallon No. 4~1 WIn.....,...". .. Aaodol... Inc. 87$0 H_cr_1 PIoza Dr ~ ,,00 Doll... T_ 7$2JO '72/490-7OtO Announcements and Information December 11, 2000 Announcements 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. City employees will be celebrating the season by joining together on Thursday, December 21. City employees donate canned goods and toys to both the Fire and Police Departments efforts to provide for needy families in the area. Employees will bring refreshments and the City choir will sing Christmas songs. Santa Claus will make an appearance before the Police and Fire Departments gather the "goodies" to take to needy families. City employees also have decorated wreaths representing their departments so if residents have time, come by City Hall to see these great Christmas creations. There will be a blood drive on December 18th from 8:00 a.m. to 12:00 Noon. The blood drive will be at Fire Station 4, 7202 Dick Fisher Drive N. There is no need to schedule an appointment. T-shirts will be given away for donating. If you have questions, contact Jonathan Brown at 817-427-6924. Be watching for your Recreation Guide, Time of Your Life, in your mailboxes this month. Registration for winter classes begins during December. Information December 14 Pet Photos with Santa Animal Shelter 7200C Dick Fisher Drive 7:00 p.m. December 25 City Hall and all City facilities closed No trash service provided January 1 City Hall and all City facilities closed No trash service provided