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Home My WebLink AboutCC 1997-01-13 AgendasCITY OF NORTH RIC.HLAND HILLS PRE - COUNCIL AGENDA JANUARY 13,1997 - 6:15 P.M. For the Meeting OWWLMeo at the North Richland Hills City Hall Pre - Council Chambers, 7301 Northeast Loop 829- . NUMBER ITEM ACTION TAKEN 1'. GN 97 -09 Discussion of Iron Horse Golf Course '(Agenda *Item:.# 21) (15 Minutes) 2. , PZ 97 -04 Public Hearing to Consider Rezoning Thirteen Small Tracts of Land in the T. Akers Survey, Abstract 19, Adjacent to Iron Horse Golf Course. Ordinance No. 2168 (Agenda Item No. 12) (2 Minutes) 3.1 GN 97 -06 23rd (1996/1997) Year Community Development Block -Grant Program - Public Hearing (Agenda Item No. 18) 'GN 97 -07 ' 23rd (1=996/1997) Year Community Development Block Grant Program - Resolution No. 97 -06 (Agenda Item No. 19)(5 Minutes) 4. PW 97 -02 Revise Budget for Teakwood Court Drainage Improvements, Phase II (Agenda Item No. 24)(3,Minutes) Discussion Related to Request for Proposal on 5. Garbage Contract (10 Minutes) 6 ° 'Other Items (5 Minutes) 7. IR 96 -143 :: _ Tarrant County Commissioner Glen Whitley °(15 Minutes) Page 2 NUMBER ITEM ACTION TAKEN g, *Executive Session (10 Minutes) - The Council may enter into closed executive session to discuss the following: A. Consultation with Attorney under Gov. Code §551.071: Custom Homes vs. NRH B. Deliberation Regarding Real Property Under Gov. Code §551.072 NRH vs. Shires g. Adjournment - 7:20 p.m. *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. POSTE -? Dat Time C�ty cretary By CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA JANUARY 13, 1997 For the Regular Meeting conducted at the North Richland Hills City Council Chambers, 7301 Northeast Loop 820, at 7:30 p.m. The below listed items are placed on the Agenda for discussion and /or action. 1. Items marked with an * are on the consent agenda and 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 581 -5502 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Minutes of the Pre - Council Meeting December 16, 1996 5. Minutes of the Regular Meeting December 16, 1996 6. Minutes of the Emergency Meeting January 6, 1997 Page 2 NUMBER ITEM ACTION TAKEN 7. Presentation of Park & Recreation Award Video 8. Presentations by Boards & Commissions 9. Removal of Item(s) from the Consent Agenda 10. Consent Agenda Item(s) Indicated by Asterisk (13, 14, 15, 16, 20, 22, 23, 24, 25, 26, & 27) 11. PZ 96 -29 Public Hearing to Consider the Request of Eldon & Wanda Nicholson for Special Use Permit for a Dance Hall on Lot 3, Block 1, Richland Terrace Addition (Located at 7601 Grapevine Hwy.) Ordinance No. 2164 12. PZ 97 -04 Public Hearing to Consider Rezoning Thirteen Small Tracts of Land in the T. Akers Survey, Abstract 19, Adjacent to Iron Horse Golf Course. Ordinance No. 2168 *13. GN 97 -01 Release of Covenants on Right -of- Way Property - Resolution No. 97 -01 Page 3 NUMBER ITEM ACTION TAKEN *14. GN 97 -02 Authorized Investment Officers - Resolution No. 97 -02 *15. GN 97 -03 Amending Authorized Investment Officers List for Texpool - Resolution No. 97 -03 *16. GN 97 -04 Authorized Signatures for Pledgee Signature Authorization Form - Resolution No. 97 -04 17. GN 97 -05 Appointment to Park and Recreation Board 18. GN 97 -06 23rd (1996/1997) Year Community Development Block Grant Program - Public Hearing 19. GN 97 -07 23rd (1996/1997) Year Community Development Block Grant Program - Resolution No. 97 -06 *20. GN 97 -08 Authorization of Eminent Domain Proceeding on Shires Tract - Resolution No. 97 -05 21. GN 97 -09 Improvements to Iron Horse Golf Course Page 4 NUMBER ITEM ACTION TAKEN *22. PU 97 -01 Authorization to Extend Long Distance Service Contract with NTS Communications *23. PU 97 -02 Authorization to Renew Software Maintenance Contract for GIS System *24. PW 97 -02 Revise Budget for Teakwood Court Drainage Improvements, Phase II *25. PAY 97 -01 Authorize Payment to Tiburon, Inc. for Software Support and Maintenance Agreement - Resolution No. 97 -07 *26. PAY 97 -02 Ratify Emergency Purchase of Traffic Signal Optical Preemption Equipment for Grapevine Highway at IH 820 *27. PAY 97 -03 Approve Final Pay Estimate No. 15 in the Amount of $112,444.49 to J. L. PST D Bertram Construction & Engineering, r0 Inc. for Holiday Lane, Section A2 Dail Paving, Drainage, & Utility 2 1 �� Improvements. �J _ Time city secretary 28. Citizens Presentation , 29. Adjournment INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 96-143 Date: January 13, 1997 Subject: Tarrant County Commissioner Glen Whitley The new County Commissioner, Glen Whitley, has requested time at this pre - Council meeting to introduce himself to the Council and provide an overview of the objectives of his office. He has requested that you consider any questions you may wish to ask him at that time. The Commissioner has indicated that he would like to hear from any Councilmember who might have a question or concern about his office or his position on County issues. Time has been allocated on the pre- Council Agenda for the Commissioner. Respectfully, t Randy Shifiet Assistant City Manager ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS 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 - DECEMBER 16, 1996 - 6:15 P.M. Present: Tommy Brown Mack Garvin Lyle E. Welch Jo Ann Johnson Don Phifer Byron Sibbet Linda Spurlock Sansoucie C.A. Sanford Randy Shiflet Larry Cunningham Patricia Hutson Rex McEntire Greg Dickens Barry LeBaron Pam Burney Steve Brown Jerry McGlasson Terry Kinzie Jim Browne Larry Koonce Thomas Powell Richard Albin Absent: Mark Wood Mayor Mayor Pro Tern Councilman Councilwoman Councilman Councilman Councilwoman City Manager Assistant City Manager Assistant City Manager City Secretary Attorney Public Works Director Planning /Inspection Director Environmental Services Director Library Director Police Chief Information Services Director Park & Recreation Director Finance Director Support Services Director City Engineer Councilman ITEM I DISCUSSION ASSIGNMENT CONSIDERATION Mr. David Medanich, First Southwest NAN OF ACTION ON Company, advised the best bid received for ALL MATTERS the $5,135,000 Waterworks and Sewer System PERTAINING TO Revenue Refunding Bonds was from Paine THE AWARD AND Webber, Inc. at an interest rate of 4.88502 %. SALE OF Mr. Medanich gave a synopsis of the $5,135,000 defeasance and refunding. There were no WATERWORKS questions from the Council. AND SEWER SYSTEM REVENUE BONDS, SERIES 1996 & PROVID- ING FOR THE REDEMPTION OF CERTAIN OUT- STANDING BONDS OF THE CITY Pre - Council Minutes December 16, 1996 Page 2 ITEM DISCUSSION ASSIGNMENT LOAN REQUEST Mr. Sanford advised that he had received a NAN FROM THE CITY request from Watauga's City Manager for OF WATAUGA North Richland Hills to assist them with a cash flow problem by restructuring the way they receive their money. They have asked that North Richland Hills defer some of the money that we collect for them for a three or four month period. Mr. Sanford stated that if the Council decided to lend Watauga the money, interest should be charged and a formal request should come from Watauga's City Council. Mr. Keith Reed, Consultant, presented the Council with some options. Council could (1) defer a portion of the $125,000 per month that Watauga pays North Richland Hills as a service fee for billing and collecting; 2) defer their paying back for their portion of the water system that is purchased from Fort Worth; 3) defer their portion of the sewer system that is purchased from Fort Worth; and 4) reduce the amount that we keep as cash that they pay us for our receivables. Mr. Sanford requested Council direction. Each of the Council Members expressed their feelings and concerns. Mayor Pro Tern Garvin, Councilwomen Johnson and Sansoucie, and Councilmen Phifer and Welch were in favor of loaning Watauga the money after official action was taken by both City Councils, and Councilman Sibbet was opposed Mayor Brown introduced the new Finance Director, Mr. Larry Koonce. Pre - Council Minutes December 16, 1996 Page 3 ITEM I DISCUSSION ASSIGNMENT NRH2O INFRA- Mr. Chris Swartz, Aquatic Manager, gave a NAN STRUCTURE review of the 1996 season and presented IMPROVEMENTS recommendations for the 1997 season. The & NRH20 1996 recommendations included an alternative SEASON REVIEW inner -tube use policy which would include AND 1997 raising daily admission tickets $1.00, capital SEASON improvements consisting of picnic area RECOMMEND- expansion and drainage improvements, and ATIONS capital purchases consisting of a security system and a scheduling /labor updating tracking system. PROPOSED Mr. Shiflet stated the Council had discussed RANDY S. CHANGE IN and agreed upon during a June work session PUBLIC SAFETY the location of the combined Public BUILDING Safety /Support Services facility. Since that time the Police Chief submitted to the City Manager an alternate proposal to construct the Police portion of the facility behind and adjacent to the auto impound building. Councilwoman Sansoucie stated she had a problem justifying building the support services building. She did not want to use the land at the northwest section of the Municipal Complex for the Support Services Building. After Council discussion, consensus was to proceed with the Police Building, but to consider another location for the Fire /Support Services Building. INFORMATION Councilwoman Sansoucie asked who would STEVE B. FOR CITIZENS serve as liaison. Mr. Browne advised it would NETWORK OF be a City Manager Staff Member. There were NORTHEAST no other questions from the Council. TARRANT COUNTY- RESOLUTION NO. Pre - Council Minutes December 16, 1996 Page 4 ITEM DISCUSSION ASSIGNMENT GENERAL There were no questions from the Council. MUNICIPAL EMPLOYEE COMPENSATION PLAN MARKET ADJUSTMENT CONSIDER Councilman Welch advised he would like to RANDY S. ESTABLISHING table this item. Consensus of the Council, was SWIMMING POOL to table to a later date. LOT GRADING AND DRAINAGE REGULATIONS CODE Mr. Shiflet presented a slide presentation of RANDY S. ENFORCEMENT obvious code violations, possible code REQUEST FROM violations and no violations. Council discussed CITY COUNCIL whether the City should take a proactive approach to code violation enforcement. After discussion, Mayor Brown advised Staff to continue enforcing as in the past. OTHER ITEMS None. ADJOURNMENT Mayor Brown adjourned the meeting at 7:18 p.m. Tommy Brown - Mayor ATTEST: Patricia Hutson - City Secretary MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - DECEMBER 16, 1996 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order December 16, 1996 at 7:30 p.m. ROLL CALL Present: Tommy Brown Mack Garvin Lyle E. Welch Mack Garvin Mark Wood JoAnn Johnson Don Phifer Byron Sibbet Linda Spurlock Sansoucie Staff: C.A. Sanford Randy Shiflet Larry Cunningham Patricia Hutson Rex McEntire Greg Dickens Mayor Mayor Pro Tern Councilman Councilman Councilman Councilwoman Councilman Councilman Councilwoman City Manager Assistant City Manager Assistant City Manager City Secretary Attorney City Engineer 2. INVOCATION Councilman Wood gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES OF THE PRE - COUNCIL MEETING NOVEMBER 25, 1996 APPROVED City Council Minutes December 16, 1996 Page 2 Councilwoman Johnson moved, seconded by Councilman Wood, to approve the minutes of the November 25, 1996 Pre - Council Meeting. Motion carried 7 -0. 5. MINUTES OF THE REGULAR MEETING NOVEMBER 25, 1996 APPROVED Councilman Wood moved, seconded by Councilman Phifer, to approve the minutes of the November 25, 1996 City Council Meeting. Motion carried 7 -0. 6. PRESENTATIONS BY BOARDS & COMMISSIONS A. INVESTMENT COMMITTEE MINUTES B. PARKS AND RECREATION BOARD MINUTES No action necessary. 7. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilman Welch removed Item No. 13 and Mayor Pro Tern Garvin removed item No. 27 from the Consent Agenda. 8. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (12, 14, 15, 17, 18, 19, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, & 40) APPROVED Mayor Pro Tern Garvin moved, seconded by Councilwoman Johnson, to approve the Consent Agenda. Motion carried 7 -0. 9. IR 96 -134 SPECIAL PRESENTATION - VOLUNTEER AWARD RECOGNIZING JAMES DOUGLAS DAVIS JR. City Council Minutes December 16, 1996 Page 3 Mr. Jim Browne, Parks Director, announced that the DFW Metro Area Park and Recreation Directors Association selected Mr. James Douglas Davis, Jr. as the recipient of their Volunteer Award for 1996. Mayor Brown presented the award on behalf of the DFW Park and Recreation Directors Association to Mr. Davis' wife, Bevy Rae Davis. 10. IR 96 -135 SPECIAL PRESENTATION - CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FOR THE COMPREHENSIVE FINANCIAL REPORT ENDING SEPTEMBER 30, 1995 Ms. Kathy DeBose, Executive Director of Finance for City of Denton and representing the Government Finance Officers Association of the United States and Canada, presented the Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Final Report for Year Ending September 30, 1995 to Mayor Brown. 11. PZ 96 -32 PUBLIC HEARING TO CONSIDER THE REQUEST OF GLEN THURMAN, INC. FOR A SPECIAL USE PERMIT TO OPERATE A TEMPORARY CONCRETE BATCHING PLANT ON TRACT 11B, THOMAS PECK SURVEY, ABSTRACT 1210. ORDINANCE NO. 2162 (LOCATED AT 8616 DAVIS BLVD.) APPROVED Staff submitted a corrected Ordinance to the City Council incorporating the Planning and Zoning Commission's recommendation. Mayor Brown opened the Public Hearing and called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak Mayor Brown closed the Public Hearing. Councilman Sibbet moved, seconded by Councilman Phifer, to approve Ordinance No. 2162. Motion carried 7 -0. City Council Minutes December 16, 1996 Page 4 *12. PS 96-40 REQUEST OF M & J CONSTRUCTION CORP. FOR AMENDED PLAT OF LOTS 1 -23, BLOCK 10 CRESTWOOD ESTATES, PHASE III (LOCATED IN THE 7500 BLOCK OF SMITHFIELD ROAD) APPROVED 13. GN 96 -135 CONSIDER ESTABLISHING SWIMMING POOL LOT GRADING AND DRAINAGE REGULATIONS - ORDINANCE NO. 2164 (TABLED AT THE NOVEMBER 25, 1996 CITY COUNCIL MEETING) TABLED Councilman Welch moved, seconded by Councilwoman Johnson, to table Ordinance No. 2154 and instructed Staff to address swimming pool drainage in the ordinance. Motion carried 5 -2; Councilwoman Johnson, Councilmen Welch, Wood, Phifer and Sibbet voting for and Mayor Pro Tern Garvin and Councilwoman Sansoucie voting against. *14. GN 96 -146 SIGNALIZATION OF THE INTERSECTION AT GLENVIEW DRIVE AND RUTH ROAD APPROVED *15. GN 96 -147 INFORMATION FOR CITIZENS NETWORK OF NORTHEAST TARRANT COUNTY - RESOLUTION NO. 96 -75 APPROVED 16. GN 96 -148 CONSIDERATION OF ACTION ON ALL MATTERS PERTAINING TO THE AWARD AND SALE OF $5,135,000 WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1996 - ORDINANCE NO. 2166 AND ADOPTION OF RESOLUTION NO. 96-76 PROVIDING FOR THE REDEMPTION OF CERTAIN OUTSTANDING BONDS OF THE CITY APPROVED City Council Minutes December 16, 1996 Page 5 Mayor Pro Tern Garvin moved, seconded by Councilman Wood, to award the bid to PaineWebber, Inc. at the interest rate of 4.88502% for the $5,135,000 Waterworks and Sewer System Revenue Bonds, Series 1996. Motion carried 7 -0. Councilman Wood moved, seconded by Mayor Pro Tern Garvin, to approve Ordinance No. 2166. Motion carried 7 -0. Mayor Pro Tem Garvin moved, seconded by Councilwoman Johnson, to approve Resolution No. 96 -76. Motion carried 7 -0. *17. GN 96 -149 AUTHORIZING USE OF ALTERNATE CITY SEALS - ORDINANCE NO. 2161 APPROVED *18. GN 96 -150 NRH20 INFRASTRUCTURE IMPROVEMENTS APPROVED *19. GN 96 -151 NRH2O 1996 SEASON REVIEW AND 1997 SEASON RECOMMENDATIONS APPROVED 20. GN 96 -152 APPROVAL FOR THE DEVELOPMENT PLAN FOR THE CITY PARK APPROVED Councilman Welch moved to approve GN 96 -152 with two exceptions: reduce the number of youth baseball fields from four to three and Douglas Lane to be improved prior to the completion of the park. Councilwoman Johnson seconded the motion. Councilwoman Johnson asked what the heights of the berms would be and if the heights were identified on the plan. City Council Minutes December 16, 1996 Page 6 Mr. Browne advised the berms would be three to four feet in height depending on the location of the berm. Councilwoman Johnson asked that the height of the berms be identified on the plan. Council discussed whether the elimination of one ballfield would affect the ISTEA grant. Several Council Members expressed concern about not wanting to hold up the opening of the park by not being able to construct the road. Councilwoman Johnson asked Councilman Welch if he would consider leaving the fourth ballfield with the stipulation that it remain unlighted and not be used by leagues for play or practice. Councilman Welch amended his motion and Councilwoman Johnson amended her second, to leave the fourth ballfield on the plan with the stipulation that it be unlighted and it be a non - league play or practice field. Councilwoman Sansoucie was opposed to the improvement of Douglas Lane being a part of the motion. Councilwoman Johnson stated that the baseball field that was directed towards the houses was to be the one that was unlighted. The following individuals voiced their concerns on the proposed Development Plan. Mr. Bruce Swartz, 5324 Susan Lee Lane, representing RYA, advised that they needed four lighted fields. Mr. Danny Brown, 7509 Dana Lane, spoke in favor of providing more baseball fields for the youth. Mr. Bobby Roberts, 7624 Douglas, spoke in favor of the park. He felt three fields were not enough. Mr. Roberts stated he would like a berm higher than four feet and asked the Council to consider the impact of the lights on the homes to the south. He expressed concerns about traffic and the safety of the children. Mr. David Garris, 6893 Moss Lane, advised he was concerned about the traffic and safety, and felt the property values of the homes in the area would decrease. He advised he would like for the ballfields to be eliminated and replaced with an area for children to ride bikes, skate and roller blade. City Council Minutes December 16, 1996 Page 7 Mr. Marvin Smith, 7609 Douglas Lane, spoke in favor of the park plan. Mr. Danny Sowell, 2616 Spruce Park, Richland Hills, spoke in favor of more lighted ballfields. Mr. Derick Murway, 7836 Hidden Oaks, spoke about the repositioning of the ballfields and was in favor of three lighted ballfields and one unlighted ballfield. Mr. Randy Cupp, President -elect RYA, stated they needed all four of the ballfields and that they all needed to be lighted. He suggested putting in baseball fields in place of the football fields at Richfield Park and placing the football fields at the City Park. Mr. Marian Miller, 6840 Parkwood, RYA Football Commissioner, spoke in favor of more fields and more practice fields. Mr. Tommy Duer expressed his concerns about the ballfields and the park. Mr. Scott Strubing, 6885 Moss Lane, expressed concerns about access to the park. Mr. Ray Roberts, 7900 Douglas Lane, expressed concerns about property valuations. There being no one else wishing to speak, Mayor Brown called for the question. Motion carried 7 -0. *21. GN 96 -153 GENERAL MUNICIPAL EMPLOYEE COMPENSATION PLAN MARKET ADJUSTMENT APPROVED *22. PU 96 -96 AWARD BID FOR OFFICE FURNITURE APPROVED *23. PU 96 -97 AWARD ANNUAL CONTRACT FOR COMPUTER HARDWARE MAINTENANCE APPROVED *24. PU 96 -98 AWARD BID FOR CONSTRUCTION OF A METAL CANOPY APPROVED City Council Minutes December 16, 1996 Page 8 *25. PU 96 -99 CITY HALL RENOVATION CHANGE ORDER APPROVED *26. PU 96 -100 REQUEST FROM CLASSIC CHEVROLET TO WITHDRAW BID APPROVED *27. PU 96 -101 AWARD BID FOR 1997 VEHICLES APPROVED Mayor Pro Tern Garvin moved, seconded by Councilman Wood, to approve PU 96 -101 with the following change: the bid for the Tahoe be withdrawn and one additional Intrepid be added to the bid. Motion carried 7 -0. *28. PU 96 -102 AWARD BID FOR CITY HALL LIGHT FIXTURE REPLACEMENT APPROVED *29. PU 96 -103 AWARD BID FOR CLOSED CIRCUIT TV SYSTEM FOR RICHLAND TENNIS CENTER APPROVED *30. PU 96 -104 AWARD BID FOR ICE MACHINES FOR RICHLAND TENNIS CENTER APPROVED *31. PU 96 -105 ENGINEERING SERVICES FOR HVAC UPGRADE APPROVED *32. PU 96 -106 AUTHORIZE PURCHASE OF COMPUTER EQUIPMENT FOR NRH2O FROM THE DEPARTMENT OF INFORMATION RESOURCES APPROVED City Council Minutes December 16, 1996 Page 9 *33. PU 96 -107 SEWER TRUCK REPAIR APPROVED *34. PW 96 -52 APPROVE CITY- DEVELOPER AGREEMENT FOR CIP WATER SYSTEM IMPROVEMENTS WITH SANDLIN- BARFIELD JOINT VENTURE FOR THE THORNBRIDGE ESTATES III ADDITION APPROVED *35. PW 96 -53 ABANDONMENT OF A PORTION OF ROSS ROAD RIGHT -OF WAY - ORDINANCE NO. 2165 APPROVED *36. PAY 96 -16 AUTHORIZE PAYMENT TO MOTOROLA FOR MOBILE DATA MAINTENANCE AGREEMENT - RESOLUTION NO. 96-74 APPROVED *37. PAY 96 -17 AUTHORIZE PAYMENT TO MOTOROLA FOR RADIO MAINTENANCE AGREEMENT - RESOLUTION NO. 96 -73 APPROVED *38. PAY 96 -18 AUTHORIZE PAYMENT TO UNIVERSITY MICROFILMS INTERNATIONAL APPROVED *39. PAY 96 -19 APPROVE FINAL PAY ESTIMATE NO. 8 IN THE AMOUNT OF $32,045.75 TO CIRCLE "C" CONSTRUCTION COMPANY FOR INTERCHANGE WATER AND SANITARY SEWER ADJUSTMENTS, PHASE II APPROVED City Council Minutes December 16, 1996 Page 10 *40. PAY 96 -20 APPROVE FINAL PAY ESTIMATE NO. 13 IN THE AMOUNT OF $103,984.54 TO LARRY JACKSON CONSTRUCTION CO., INC. FOR RODGER LINE DRIVE, PHASE "B" PAVING, DRAINAGE, AND BRIDGE IMPROVEMENTS APPROVED 41. CITIZENS PRESENTATION Ms. Cynthia Jasinski, 4905 Reynolds, appeared before the Council and advised she would like watch groups to keep records on working environments. Mayor Brown advised Ms. Jaskinski that what she was requesting fell under federal jurisdiction rather than city. Mr. Cliff Stevens, 9201 Kirk Lane, appeared before the Council and spoke on Little Bear Creek drainage problems. 42. ADJOURNMENT Mayor Brown adjourned the meeting. Tommy Brown - Mayor ATTEST: Patricia Hutson - City Secretary MINUTES OF THE EMERGENCY MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - JANUARY 6, 1997 -10:30 A.M. 1. CALL TO ORDER Mayor Brown called the meeting to order January 6, 1997 at 10:30 a.m. Present: Tommy Brown Mack Garvin Lyle E. Welch Mark Wood Don Phifer Staff: C.A. Sanford Randy Shiflet Larry Cunningham Patricia Hutson Rex McEntire ROLL CALL Absent: JoAnn Johnson Byron Sibbet Linda Spurlock Sansoucie Mayor Mayor Pro Tern Councilman Councilman Councilman City Manager Assistant City Manager Assistant City Manager City Secretary Attorney Councilwoman Councilman Councilwoman 2. PW 97 -01 CONSIDER EMINENT DOMAIN PROCEEDINGS FOR WALKER BRANCH FLOOD PROJECT - RESOLUTION NO. 97-05 APPROVED Attorney McEntire presented Resolution No. 97 -05 authorizing eminent domain proceedings to acquire a 17,597 square feet (0.4040 acres) tract for a permanent sewer easement out of the T.K. Martin Survey from Thomas R. Shires and wife, Charlotte J. Shires in connection with the Walker Branch Channel Improvement Project and to acquire 4,783 square feet (0.1098 acre) tract for a temporary construction easement. Councilman Wood moved, seconded by Councilman Phifer, to approve Resolution No. 97 -05. Motion carried 4 -0. City Council Minutes January 6, 199'1 Page 2 3. ADJOURNMENT Mayor Brown adjourned the meeting. Tommy Brown - Mayor ATTEST: Patricia Hutson - City Secretary CITY bF NORTH RICHLAND HILLS Department: Planning and Inspections Council Meeting Date: 1/13/97 Subject: Public Hearing to Consider the Request of Eldon & Wanda Nicholson for Special Use Permit for a Dance Hall on Lot 3, Block 1, Richland Terrace Add. (This property is located at 7601 Grapevine Hwy.) Ordinance No. 2164 Agenda Number: PZ 96 -29 The applicant is requesting a Special Use Permit to operate a Dance Hall for teens in a portion of the old "Home Depot" building on Grapevine Highway. The zoning regulations require a Special Use Permit for this type of activity. Mr. and Mrs. Eldon Nicholson are the applicants for the Special Use Permit. However, the building is owned by Dubbers - Albrecht Venture No. 1, 8333 Douglas Ave., Suite 1200, Dallas, TX. The applicants have written permission from the owner to apply for the Special Use Permit. In 1966, the City Council adopted a Dance Hall Ordinance which (1) requires uniformed police on -site at any teen dance, (2) requires approval of a Dance Hall License issued by the City Secretary, but only after the Police Chief has completed an extensive background check to determine if the applicant is fit to operate a dance hall, and (3) prohibits the assignment of the dance hall license to another person. The Planning and Zoning Commission considered this Special Use Permit request at their December 12, 1996 meeting and recommended approval for Eldon Nicholson under the name of the Eclipse, but with the condition that any change in ownership or closure of the facility will terminate the Special Use Permit. Special Use Permits approved in the past have been approved for the property and not for the individual. However, with the conditions imposed by the 1966 Dance Hall Ordinance, the Planning and Zoning Commission was of the opinion that any change in ownership would require reconsideration of the Special Use Permit. RECOMMENDATION: It is recommended that the City Council conduct the required public hearing and consider the recommendation of the Planning and Zoning Commission. Source of Funds: Bonds (GO /Rev.) Operating Budget Other Account Number _ Sufficient Funds Ava Finance Director Department Head Signature 'V City Manager CITY COUNCIL ACTION ITEM CITY OF NORTH RICHLAND HILLS, TEXAS 7. PZ 96 -31 PUBLIC RING TO CONSIDER THE REQUEST OF DAVID WOMACK FOR J% A SPEC SE PERMIT FOR TRAILER RENTAL ON TRACT 1E6, J.M. VANDUSS RVEY, ABSTRACT 1588. (LOCATED AT 5033A RUFE SNOW DRIVE.) BLED Mr. LeBaron explained that i tember, 1996, Mr. Womack received approval from the City Council for a Speci a Permit for a car rental agency at this location. During the inspection for ertificate of Occupancy Uhaul trucks and /or trailer rental was questioned. I s determined that this would require an additional special use permit and that's is being requested tonight. Chairman Barfield opened the public hearing called for anyone wishing to speak on behalf of this request. There being no Chairman Barfield asked for any opponents. Mr. Earl Hawker, 4908 Lakeside Circle, stated he was XE to truck and trailer rental at this property. He expressed concern orty devaluation, an increase in traffic congestion and altering the imagrea. There be ing no additional opponents, Chairman Bafeld close cl� public hearing and opened discussion among the commissioners. Mr. Bowen made a motion to table PZ 96 -31 until the applicant could present and show a detailed site plan of his request. X Mr. Owen 8. PZ 96 -33 PUBLIC HEARING TO CONSIDER THE REQUEST OF ELDON & WANDA NICHOLSON FOR A SPECIAL USE PERMIT FOR A DANCE HALL ON LOT 3, BLOCK 1, RICHLAND TERRACE ADDITION. (LOCATED AT 7601 GRAPEVINE HWY; OLD HOME DEPOT.) APPROVED Mr. LeBaron stated that the City of North Richland Hills has two regulations regarding dance halls. The first is a zoning regulation requiring a special use permit and secondly, in 1966, the City passed a special ordinance regarding dance halls. These regulations require that a dance hall have North Richland Hills police officers on site when in operation, with the number of officers to be determined by the Police Chief. Additionally, the owner of a dance hall is required to go through an extensive background check. Chairman Barfield opened the public hearing and asked anyone wishing to speak in favor of this request to come forward. Mr. Eldon Nicholson represented his request, stating he would answer any questions the Commissioners may have. Mr. Nicholson explained that he had met with the Police Chief the day before and they had a very good understanding of everything that would be required. Mr. Nicholson stated this was a facility with an age range of 13 - 18. Operating days and hours will be Thursday, 8 p.m. to 12 a.m., and Friday and Saturday nights 8 p.m. to 1 a.m. Mr. Nicholson has requested three police officers; one for the parking lot, one at the metal detectors at the front entry, and one circulating through out the club. There will be no smoking or tobacco use inside the club. No food or beverages will be brought in and, as stated previously, metal detectors at the entry. There will be an entry fee required, and if you leave you pay to re- enter, thus, alleviating kids coming and going. Mr. Lueck asked Mr. Nicholson if he had considered putting an additional police officer on Grapevine Highway to direct traffic. Mr. Lueck, as well as all the Commissioners are concerned with the traffic congestion at this location. Mr. Nicholson stated that would be one of the duties of the police officer assigned to the parking lot, but stated if it were determined more officers were needed, they would not have a problem with it. Additionally, Mr. Nicholson stated there would be no loitering in the parking lot, and that would be strictly enforced by the officer on duty. Mr. Nicholson stated the name of the club would be the Eclipse and back ground checks would be done on all his employees. He further stated there would be only adult employees in this club. Chairman Barfield called for any additional proponents. Mr. George Gay, 6612 Circleview Drive, stated he has known the Nicholson's for many years and knows them as outstanding people. Mr. Gay is in favor of this request. Don Nicholson, Eldon's son, will be the manager of the Eclipse and reiterated that they would work very closely with the police chief. Mr. Lueck again stated his concern for the traffic congestion and strongly believes there should be an additional officer directing traffic on Grapevine Highway. Mr. Davis agreed with Mr. Lueck, but reminded the Commissioners that the Nicholsons have to abide by the number of officers the Police Chief wants on site and was certain that Grapevine Highway congestion would be a major factor in his determining this figure. There being no additional proponents, Chairman Barfield called for any opponents. There being none, Chairman Barfield closed the public hearing and called for a motion. Mr. Davis made a motion to approve PZ 96 -29 for a Special Use Permit for a dance hall to Eldon Nicholson under the name of the Eclipse, with the stipulation that any owner change or closure would warrant another Special Use Permit request. Mr. Nehring seconded the motion and carried 6 - 0. PZ 96 -33 PUBLIC HEARING TO CONSIDER THE REQUEST OF BOB FR O REZONE TRACT 2F2, AKERS SURVEY, ABSTRACT 19 FR EDIUM INDUSTRIAL TO R -7 -MF MULTI - FAMILY RESIDENTIAL ATED SOUTH OF BROWNING DRIVE, EAST OF IRON HORSE G OURSE, NORTH OF LOOP 820 AND WEST OF THE DART RA D RIGHT -OF -WAY) Mr. LeBaron explained this is a 32 a act located north of Loop 820, immediately west of the DART ra' , east and adjacent to Iron Horse Golf Course and that the develope s present for any questions. Chairman Barfield operfthe public hearing and called for any proponents. Mr. Bob Frank, 3 Fenton, Fort Worth, presented this request. He explained that they wer uesting a 16 unit per acre multi - family zoning and believed this project wo ,WVetter compliment Iron Horse Golf Course than any industrial use. Mr. eld asked if this would be a gated community. Mr. Frank stated he could n onestly answer that question. Mr. Frank stated that he was applying for the ning Commission with a site plan. ORDINANCE NO. 2164 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING ZONING ORDINANCE NUMBER 1874, THE COMPREHENSIVE ZONING ORDINANCE, TO AUTHORIZE SPECIAL USE PERMIT NUMBER THIRTY -SEVEN FOR A DANCE HALL; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after appropriate notice and public hearing, the following recommendation is submitted to the City Council of the City of North Richland Hills, Texas, by the Planning and Zoning Commission; and WHEREAS, 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 authorizing Special Use Permit Number Thirty- Seven, by changing said Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Special Use Permit Number Thirty -Seven (37) be hereby authorized for a Dance Hall as set forth in Case Number PZ 96 -29 on the property described as follows: Portion of Lot 3, Block 1, Richland Terrace Addition, City of North Richland Hills, Tarrant County, Texas, as shown on the attached site plan "Exhibit A ". This property is generally located at 7601 Grapevine Highway. 2. THAT, the development regulations contained in the C -2 Commercial Zoning District of Ordinance Number 1874, as amended, shall govern development on said property, except where amended herein: A. The Special Use Permit is issued to Mr. Eldon Nicholson under the name of the Eclipse, any owner change or closure will terminate this Special Use Permit. 3. That, all the regulations contained in the Zoning Ordinance Number 1874, as amended, which are not in conflict with the terms of this Special Use Permit, shall remain in full force and effect regarding this property. 4. 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 Ord. 2164 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. 61 EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 12th DAY OF DECEMBER 1996. airman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 13th DAY OF JANUARY 1997. ATTEST.- City Secretary City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ord. 2164 Mayor City of North Richland Hills, Texas 11 1. j/ �` `� is �Y \�¢\� \ �✓ _krt mv o / < e 't e i t ' s Z .0s'SLl✓ JV .0 1,00.00 N MUON . � /� /�% EE i.00-y.Yauc o•..o-va.n I u�.w -�a w. _ / :i t IO+Oe rA� tr 4Un 1SGVN) _' bgg+r.i� e — O NORTH A CLUB FOR YOUNG ADULTS 13 THRU 18 7601 GRAPEVINE HIGHWAY, SUITE C NORTH RICHLAND HILLS, TEXAS ECLIPSE A CLUB FOR YOUNG ADULTS 13 THRU 18 Owners: Eldon & Wanda Nicholson 6725 Inwood Dr. North Richland Hills, TX 76180 (817)577 -9629 r Our current business is Affordit Furniture located at 806 West University Drive,, Denton, TX 76201. We opened in September 1993. Eldon has been in promotional and retail sales for about 38 years. The (Eclipse) club will be managed by Don Nicholson, our 31 year old son. We will have about 8 employees. There will be 3 off duty Police Officers, 3 to maintain concession stand, and 1 general help, and 1 Disc Jockey. A walk through metal detector of the latest technology will be in place at entrance. All persons entering the club will walk through the det- ector with the exception of the 3 Police officers. No one under 13 years of age or over 18 years of age will be permitted past metal detector during open hours. This will be strictly enforced. Concession stand will serve soft drinks, hot dogs, candy, and gum. We will not serve any type fried foods. The hours will be 8:00 PM until 12:00 AM on Thursday; 8:00 PM until 1:00 AM on Friday and Saturday Night. The club will be closed Sunday through Wednesday except for special occasions. This will be a tobacco free club. We will have a Police Officer at the front door checking I.D. and an Officer in the club at all times. The third Policeman will be in the - — parking - lot-- -to be sure there is no loitering at -all times. Food or drink will not be allowed into the club. Each person will be responsible for his or her own personal items (handbags- coats -hats- etc.) A large dance floor will be provided in the middle of the club. Most types of music such as Rock -N -Roll, Country Western, and other popular music will be played nightly. We will not play RAP with profanity and distasteful references under any circumatances. Request will be taken at certain times during the course of the evening. The club will support the efforts of D.A.R.E. at all times. We are striving to make this a safe environment for all teenagers. ECLIPSE A CLUB FOR YOUNG ADULTS 13 THRU 18 RULES ENTRY FEE $5.00 NO ONE UNDER 13 OR OVER 18 ADMITTED DURING ALL MUST ENTER THROUGH METAL DETECTOR NO SMOKING NO SMOKELESS TOBACCO NO FOOD OR DRINK TAKEN INTO CLUB NO SHOES, NO SHIRT, NO ENTER NO GANG APPAREL CLUB HOURS: THURSDAY 8PM TO 12 MIDNIGHT FRIDAY 8 PM TO 1AM SATURDAY 8 PM to 1 AM CLUB HOURS THESE RULES WILL BE POSTED OUTSIDE THE MAIN ENTRANCE CITY OF NORTH RICHLAND HILLS Police Department December 16, 1996 Mr. Eldon Nicholson PDL 401/96444 ECLIPSE 6725 Inwood Drive North Richland Hills, TX 76180 Dear Mr. Nicholson: The North Richland Hills Police Department, in compliance with City Ordinance 180, has checked the background on yourself, Ms. Wanda B. Nicholson and your son Donald Nicholson. We, as a result of this investigation, find nothing that would negatively impact your operation of a youth club at 7601 Grapevine Highway, Suite "C" in this city. A copy of this letter is being forwarded to the permits section of Planning and Inspections. We are, under the auspice of Ordinance 180, requiring that three uniformed police officers be present during all hours of operation of the "Eclipse" Club. You should contact Andrew Wallace, President of the North Richland Hills Police Officer's Association at 581 -5588 to work out the details of duties, compensation and conditions of employment for the off duty officers you'll be hiring. All off duty work is handled through the North Richland Hills Police Officer's Association. Since Ordinance 1994 established a curfew for those less than seventeen you will undoubtably wish to familiarize yourself with this Ordinance and plan your hours of operation to coincide with the strictures imposed by Ordinance 1994. We contemplate no changes in this Ordinance nor are we predisposal to grand variances or extensions of time, established by this Ordinance. If you have additional needs or concerns please advise either myself or the management staff of the North Richland Hills Police Department, we'd be happy to assist you in any manner possible. Good luck with your new venture. Sincerely, Dr. J L. McGlasson Ch' f of Police JLM /er Barry LeBaron, Planning and Inspection Det. Andrew Wallace, Police Officer's Association P.O. Box 820609 - North Richland Hills, Texas - 76182 -0609 7301 Northeast Loop 820.817- 581 -5550 - FAX 817- 656 -7512 CITY OF NORTH RICHLAND HILLS Police Department November 13, 1996 PDL# 02/96/412 Mr. and Mrs. Eldon Nicholson Eclipse 6725 Inwood Drive North Richland Hills, Texas 76180 Dear Mr. and Mrs. Nicholson: Unfortunately, in this day and age the children in our community lack places to visit with their friends. A place for teenagers to "hang out" without causing a disturbance is greatly needed in our community. By having a meeting place that offers teenagers various activities will hopefully keep the kids out of trouble. I commend you and your efforts to provide an alternative activity for teenagers in our community. Sincerelya Brian Crowson Crime Prevention Officer North Richland Hills Police Department as P.O. Box 820609 • North Richland Hills, Texas • 76182 -0609 7301 Northeast Loop 820 •817- 581 -5550 • FAX 817- 656 -7512 IV livirELLIS CA 12000 Multiple Zone Technology 90 Eliminates false alarms caused by keys, coins, eyeglasses, etc. Q1h Display shows exact location of weapons and large metal objects. Ii Stable, consistent, and repeatable performance from superior new technology. Advanced new Intelllscan technology com- bines a unique system of multiple sensors with a computer and color display to show the exact po- sition of one or more weapons within the archway. Security personnel can, at a glance, "zero -in" on con- cealed weaponsl Also, Intelliscan does not alarm on common harmless metal objects such as keys and pocket change. Intelliscan, with Its display of weapons lo- cation and ability to Ignore harmless metal, now makes possible general public screening for con- cealed weapons at tremendously increased speed. The Intelliscan 12000 has been tested by the Federal Aviation Administration and was officially verified as being 100% accurate. With multiple sensors and fully computerized digital technology, Intelliscan provides 18 separate detection zones for unsurpassed performance, speed and enhanced security! ALA" *94DY WA;i LfYRt Nrs.wCwN coos Display shows no alarm; ready for next person. Display shows alarm from weapon, and location I Intelliscan has 18 separate detection zones! VIDEO MACHINES D.J. BOOTH VIDEO MACHINES Is] X 57' -0' < —TABLE AREA —> DANCE FLOOR y 00 POOL ■ ■ ■ ,1® ENTR C TOR. E ME ECLIPSE 7 f t 3)SION k EN'S ' G OUTDOOR AREA p, p METAL: , -DETECTOR A CLUB FOR YOUNG ADULTS 13 THROUGH 18 Q iii niwlrr n A "r • . 0 CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections Council Meeting Date: 1/13/97 Subject: Public Hearing to Consider Rezoning Thirteen Small Tracts Agenda Number: PZ 97 -04 of Land in the T. Akers Survey, Abstract 19, Adjacent to to Iron Horse Golf Course. Ordinance Number 2168 On March 27, 1995, the City of North Richland Hills and Mr. J. B. Johnston exchanged several small tracts of land adjacent to and within Iron Horse Golf Course. The purpose of the land exchange was to clean up the property boundaries between the golf course and the adjacent privately owned tracts. When the City obtained the golf course property from the FDIC, the property boundary generally followed the 100 year flood plain. Mr. James B. Johnston subsequently obtained the adjacent tracts from the FDIC. The property boundary between the two ownership's followed an irregular pattern leaving several small areas unusable. The golf course property is zoned U- Institutional and the adjacent tracts are zoned for residential on the north and west sides of the golf course. The private property to the east and south of Iron Horse Golf Course is zoned 1 -2 Medium Industrial. The proposed zoning map amendment will clean up the inconsistent zoning of these thirteen small tracts. The Planning and Zoning Commission will consider this rezoning item at its January 9th, 1997 meeting and the recommendation will be forwarded to the Council via FAX before the Monday council meeting. RECOMMENDATION: It is recommended that the City Council hold the required public hearing and consider the recommendation of the Planning and Zoning Commission. Source of Funds: Bonds (GO /Rev.) Operating Budget Other Depart ) enl Head Signature Account Number Sufficient Funds CITY COUNCIL ACTION ITEM Finance Director City anager ORDINANCE NO. 2168 AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH ARTICLE 2, SECTION 200, OF ZONING ORDINANCE NUMBER 1874, PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL ON MARCH 22,1993; PROVIDING A SEVERABILITY 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 and the Official Zoning Map by rezoning certain property as set forth herein; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in Case Number PZ 97 -04, the following tracts of land described shall be rezoned as follows: TRACT No. 1: From U - Institutional to R -2 Single Family Residential SITUATED in the City of North Richland Hills Tarrant County, Texas and being a 0.0981 acre tract of land out of the Telitha Akers Survey Abstract No. 19 said tract being a portion of tract 1 of 2 tracts containing a total of 63.532 acres of land conveyed to James B Johnston (Johnston tracts) by deed recorded in Volume 10996, Page 991 of the DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.) and being more particularly described by metes and bounds as follows: BEGINNING at the most northerly northeast corner of said tract 1 of said Johnston tracts said point being in the southerly Right -of -Way line of Browning Drive; THENCE, North 89 degrees, 26 minutes, 10 seconds, East, 74.99 feet; THENCE, South 01 degrees, 24 minutes, 33 seconds, East, 272.61 feet; THENCE, North 02 degrees, 11 minutes, 44 seconds, West, 133.88 feet, THENCE, North15 degrees, 29 minutes, 40 seconds, West, 46.54 feet; THENCE, North 31 degrees, 01 minutes, 20 seconds, West, 92.13 feet; THENCE, North 49 degrees, 31 minutes, 25 seconds, West,21.88 feet to the Point of Beginning and contai 0.0981 acres of land more or less. TRACT 2: From U - Institutional to R -2 Single Family Residential SITUATED in the City of North Richland Hills Tarrant County, Texas and being a 0.2078 acre tract of land out of the Telitha Akers Survey Abstract No. 19 said tract being a portion of tract 1 of 2 tracts containing a total of 63.532 acres of land conveyed to James B Johnston (Johnston tracts) by deed recorded in Volume 10996, Page 991 of the DEED RECORDS OF TARRANT COUNTY, TEXAS (D. R.T.C.T.) and being more particularly described by metes and bounds as follows: Ordinance No. 2168 Page 1 BEGINNING at the southeast corner of Block 4 of Meadow Lakes North Addition an addition to the City of North Richland Hills as recorded in Cabinet A, Slide 1843 of the PLAT RECORDS OF TARRANT COUNTY, TEXAS (P.R.T.C.T.); THENCE, South 64 degrees, 09 minutes, 21 seconds, West, 149.92 feet; THENCE, North 33 degrees, 37 minutes, 14 seconds, East, 198.53 feet" THENCE, North 04 degrees, 05 minutes, 27 seconds, West, 167.37 feet; THENCE, South 07 degrees, 52 minutes, 45 seconds, East, 269.45 feet to the Point of Beginning and containing 0.2078 acres of land more or less. TRACT No. 3: R -2 Single Family Residential to U - Institutional SITUATED in the City of North Richland Hills Tarrant County, Texas and being a 0.6851 acre tract of land out of the Telitha Akers Survey Abstract No. 19 said tract being a portion of tract I of 2 tracts containing a total of 63.532 acres of land conveyed to James B Johnston (Johnston tracts) by deed recorded in Volume 10996, Page 991 of the DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.) and being more particularly described by metes and bounds as follows: BEGINNING at a point in the easterly property line of said tract 1 of said Johnston tracts said point being in the southerly line of Block 4 of Meadow Lakes North Addition an addition to the City of North Richland Hills as recorded in Cabinet A, Slide 1843 of the PLAT RECORDS OF TARRANT COUNTY, TEXAS (P.R.T.C.T.) said point of beginning being South 64 degrees 09 minutes 21 seconds West, 149.92 feet from the southeast block corner of said Block 4 of Meadow Lakes North Addition; THENCE, South 33 degrees, 37 minutes, 14 seconds, West, 255.71 feet; -- THENCE, North 72 degrees, 25 minutes, 12 seconds, West, 55.22 feet; THENCE, North 89 degrees, 25 minutes, 40 seconds, West, 227.16 feet; THENCE, South 61 degrees, 49 minutes, 46 seconds, West, 114.08 feet; THENCE, North 41 degrees, 32 minutes, 09 seconds, East, 53.29 feet; THENCE, North 64 degrees, 09 minutes, 20 seconds, East, 78.46 feet; THENCE, North 86 degrees, 44 minutes, 08 seconds, East, 65.02 feet, THENCE, North 64 degrees, 09 minutes, 21 seconds, East, 390.09 feet to the Point of Beginning and containing 0.6851 acres of land more or less. TRACT 4: From U - Institutional to R -2 Single Family Residential SITUATED in the City of North Richland Hills Tarrant County, Texas and being a 0.0052 acre tract of land out of the Telitha Akers Survey Abstract No. 19 said tract being a portion of tract 1 of 2 tracts containing a total of 63.532 acres of land conveyed to James B Johnston (Johnston tracts) by deed recorded in Volume 10996, Page 991 of the DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.) and being more particularly described by metes and bounds as follows: COMMENCING at the southwest corner of tract 1 of said Johnston tracts; THENCE, South 89 degrees, 19 minutes, 43 seconds, West, 57.38 feet; THENCE, North 30 degrees, 53 minutes, 08 seconds, East, 181.9 feet; THENCE, North 22 degrees, 21 minutes, 51 seconds, East, 414.56 feet; THENCE, North 16 degrees, 28 minutes, 06 seconds, East, 398.63 feet; THENCE, North 21 degrees, 00 minutes, 50 seconds, West, 78.91 feet; THENCE, North 26 degrees, 37 minutes, 10 seconds, East, 98.42 feet, THENCE, North 12 degrees, 18minutes, 45 seconds, East, 119.94 feet; THENCE, North 64 degrees, 18 minutes, 31 seconds, East, 77.04 feet to the Point of Beginning of the tract herein des THENCE, North 61 degrees, 49 minutes, 46 seconds, East, 110.90 feet; Ordinance No. 2168 Page 2 THENCE, South 41 degrees, 32 minutes, 09 seconds, West, 11.7 feet; THENCE, South 64 degrees, 09 minutes, 18 seconds, West, 100.00 feet to the Point of Beginning and containing 0.0052 acres of land more or less. TRACT 5: From U - Institutional to Planned Development District Number Twenty Two SITUATED in the City of North Richland Hills Tarrant County, Texas and being a 0.1857 acre tract of land out of the Telitha Akers Survey Abstract No. 19 said tract being a portion of tract 1 of 2 tracts containing a total of 63.532 acres of land conveyed to James B Johnston (Johnston tracts) by deed recorded in Volume 10996, Page 991 of the DEED RECORDS OF TARRANT COUNTY, TEXAS (D,R.T.C.T.) and being more particularly described by metes and bounds as follows: COMMENCING at the southwest corner of tract I of said Johnston tracts; THENCE, South 89 degrees, 19 minutes, 43 seconds, West, 57.38 feet; THENCE, North 30 degrees, 53 minutes, 08 seconds, East, 181.9 feet; THENCE, North 22 degrees, 21 minutes, 51 seconds, East, 414.56 feet; THENCE, North 16 degrees, 28 minutes, 06 seconds, East, 398.63 feet, THENCE, North 21 degrees, 00 minutes, 50 seconds, West, 78.91 feet, THENCE, North 26 degrees, 37 minutes, 10 seconds, East, 98.42 feet; THENCE, North 12 degrees, 18 minutes, 45 seconds, East, 119.94 feet to the Point of Beginning of the tra herein described; THENCE, North 61 degrees, 29 minutes, 22 seconds, West, 60.7 feet; THENCE, North 43 degrees, 41 minutes, 46 seconds, West, 56.01 feet; THENCE, North 19 degrees, 00 minutes, 06 seconds, West, 79.05 feet; THENCE, North 04 degrees, 01 minutes, 45 seconds, West, 53.84 feet; THENCE, South 32 degrees, 57 minutes, 54 seconds, East, 119.3 feet; THENCE, South 27 degrees, 53 minutes, 55 seconds. East,62.75 feet; THENCE, South 84degrees, 42 minutes, 05 seconds, East,97.12 feet; THENCE, South 64 degrees, 18 minutes, 31 seconds, West, 77.04 feet to the Point of Beginning and cont 0.1857 acres of land more or less. TRACT 6: R -2 Single Family Residential to U - Institutional SITUATED in the City of North Richland Hills Tarrant County, Texas and being a 0.2361 acre tract of land out of the Telitha Akers Survey Abstract No. 19 said tract being a portion of tract 1 of 2 tracts containing a total of 63.532 acres of land conveyed to James B Johnston (Johnston tracts) by deed recorded in Volume 10996, Page 991 of the DEED RECORDS OF TARRANT COUNTY, TEXAS (D. R. T. C. T. ) and being more particularly described by metes and bounds as follows; BEGINNING at a point which bears North 89 degrees 19 minutes 43 seconds East, 57.38 feet, and North 30 degrees 53 minutes 08 seconds East, 181.9 feet from the southwest property corner of tract I of said Johnston tracts; THENCE, North 22 degrees, 21 minutes, 51 seconds, East, 414.56 feet; THENCE, South 06 degrees, 40 minutes, 50 seconds, East, 10 -9.2i feet; THENCE, South 31 degrees, 02 minutes, 23 seconds, West, 328.97 feet to the Point of Beginning and containing 0.2361 acres of land more or less. TRACT 7: R -2 Single Family Residential to U - Institutional SITUATED in the City of North Richland Hills Tarrant County, Texas - and being a 0.1688 acre tract of land out of the Telitha Akers Survey Abstract No. 19 said tract being a portion of tract 1 of 2 tracts containing a total Ordinance No. 2168 Page 3 of 63.532 acres of land conveyed to James B Johnston (Johnston tracts) by deed recorded in Volume 10996, Page 991 of the DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.) and being more particularly described by metes and bounds as follows: BEGINNING at a point in the south property line of tract 1 of said Johnson tracts which bears North 89 degrees 19 minutes 43 seconds East, 57.38 feet, from the southwest property corner of tract 1 of said Johnston tracts; THENCE, North 30 degrees, 53 minutes, 08 seconds, East, 181.9 feet; THENCE, South 00 degrees, 32 minutes, 52 seconds, East, 155.0 feet; THENCE, South 89 degrees, 19 minutes, 43 seconds, West, 94.86 feet to the Point of Beginning and containing 0.1688 acres of land more or less. TRACT 8: From U - Institutional to 1 -2 Medium Industrial SITUATED in the City of North Richland Hills Tarrant County, Texas'and being a 1.4454 acre tract of land out of the Telitha Akers Survey Abstract No. 19 said tract being a portion of tract 2 of 2 tracts of land containing a total of 63 -53 ".) acres of land conveyed to James B Johnston (Johnston tracts) by deed recorded in Volume 10996, Page 991 of the DEED RECORDS OF TARRANT COUNTY, TEXAS (D. R. T. C. T. ) and being more particularly described by metes and bounds as follows: BEGINNING at the southwest corner of tract 2 of said Johnston tracts; THENCE, South 89 degrees, 18 minutes, 25 seconds, West, 140.0 feet; THENCE, North 12 degrees, 24 minutes, 37 seconds, West, 465.9 feet; THENCE, North 35 degrees, 35 minutes, 28 seconds, East, 296.13 feet; THENCE, South 07 degrees, 57 minutes, 46 seconds, West, 452.73 feet; THENCE, South 27 degrees, 59 minutes, 55 seconds, East, 158.4 feet; THENCE, South 27 degrees, 55 minutes, 17 seconds, West, 119.86 feet to the Point of Beginning and containing 1.44 acres of land more or less. TRACT 9: From U - Institutional to 1 -2 Medium Industrial SITUATED in the City of North Richland Hills Tarrant County, Texas and being a 1.9744 acre tract of land out of the Telitha Akers Survey Abstract No. 19 said tract being a portion of tract 2 of 2 tracts of land containing a total of 63.532 acres of land conveyed to James B Johnston (Johnston tracts) by deed recorded in Volume 10996, Page 991 of the DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.) and being more particularly described by metes and bounds as follows: BEGINNING at the northeast corner of a tract of land conveyed to the City of North Richland Hills by deed as recorded in Volume 9459, Page 83 of the D.R.T.C.T., said tract being tract 2 of said Volume 9459, Page 83; THENCE, North 41 degrees, 18 minutes,14 seconds, East, 761.91 feet; THENCE, South 40 degrees, 57 minutes,15 seconds, East, 68.2 feet; THENCE, South 89 degrees, 31 minutes, 03 seconds, West, 74.37 feet; THENCE, South 29 degrees, 01 minutes, 57 seconds, East, 31.26 feet; THENCE, South 76 degrees, 43 minutes, 07 seconds, West, 44.26 feet; THENCE, South 44 degrees, 19 minutes, 24 seconds, West, 101.43 feet; THENCE, South 64 degrees, 18 minutes, 26 seconds, East, 79.51 feet; THENCE, South 64 degrees, 40 minutes, 34 seconds, West, 80.18 feet) THENCE, South 52 degrees, 55 minutes, 00 seconds, West, 95.38 feet; THENCE, South 72 degrees, 18 minutes, 07 seconds, West, 40.88 feet; THENCE, South 42 degrees, 43 minutes, 09 seconds, West, 121.41 feet; THENCE, South 54 degrees, 39 minutes, 27 seconds, West, 126.67 feet; THENCE, South 58 degrees, 18 minutes, 43 seconds, West, 181.53 feet; Ordinance No. 2168 Page 4 THENCE, South 78 degrees, 31 minutes, 45 seconds, West, 68.55 feet to the Point of Beginning and containing 1.974 acres of land more or less. TRACT 10: 1 -2 Medium Industrial to U - Institutional SITUATED in the City of North Richland Hills Tarrant County, Texas and being a 0.0584 acre tract of land out of the Telitha Akers Survey Abstract No. 19 said tract being a portion of tract 2 of 2 tracts of land containing a total of 63.532 acres of land conveyed to James B Johnston (Johnston tracts) by deed recorded in Volume 10996, Page 991 of the DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.) and being more particularly described by metes and bounds as follows: BEGINNING at a point in the west property line of tract 2 of said Johnson tracts which bears North 41 degrees 18 minutes 14 seconds East, 761.91 feet, from the northeast property corner of a tract of land conveyed to the city of North Richland Hills by deed and being tract 2, as recorded in Volume 9459, Page 83 of the D.R.T.C.T.; THENCE, North 13 degrees, 16 minutes, 18 seconds, East, 89.67 feet; THENCE, South 77 degrees, 37 minutes, 37 seconds, East, 56.71 feet; THENCE, South 45 degrees, 19 minutes, 27 seconds, West, 106.85 feet to the Point of Beginning and containing 0.0584 acres of land more or less. TRACT 11: 1 -2 Medium Industrial to U - Institutional SITUATED in the City of North Richland Hills Tarrant County, Texas and being a 0.1378 acre tract of land out of the Telitha Akers Survey Abstract No. 19 said tract being a portion of tract 2 of 2 tracts of land containing a total of 63.532 acres of land conveyed to James B Johnston (Johnston tracts) by deed recorded in Volume 10996, Page 991 of the DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.) and being more particularly described by metes and bounds as follows: BEGINNING at a point in the west property line of tract 2 of said Johnson tracts which bears North 41 degrees 18 minutes 14 seconds East, 761.91 feet, and North 45 degrees 19 minutes 27 seconds East, 106.85 feet from the northeast property corner of a tract of land conveyed to the city of North Richland Hills by deed and being tract 2, as recorded in Volume 9459, Page 83 of the D.R.T.C.T. THENCE, North 03 degrees, 58 minutes, 17 seconds, East, 72.98 feet; THENCE, North 47 degrees, 25 minutes, 54 seconds, East, 123.9 feet, THENCE, South 01 degrees, 53 minutes, 12 seconds, West, 63.5 feet; THENCE, South 45 degrees, 19 minutes, 27 seconds, West, 132.49 feet to the Point of Beginning and containing 0.1378 acres of land more or less. TRACT 12: U - Institutional to 1 -2 Medium Industrial SITUATED in the City of North Richland Hills Tarrant County, Texas and being a 0.0723 acre tract of land out of the Telitha Akers Survey Abstract No. 19 said tract being a portion of tract 2 of 2 tracts of land containing a total of 63.53.9. acres of land conveyed to James B Johnston (Johnston tracts) by deed recorded in Volume 10996, Page 991 of the DEED RECORDS OF TARRANT COUNTY, TEXAS (D.,R- T.C.T.) and being more particularly described by metes and bounds as follows: BEGINNING at a point which bears North 41 degrees 18 minutes 14 seconds East, 761.91 feet, North 45 degrees 19 minutes 27 seconds East, 239.34 feet and North 01 degrees 53 minutes 12 seconds East, 63.5 feet from the northeast corner of a tract of land conveyed to the City of North Richland Hills by deed as recorded in Volume 9459, Page 83 of the D.R.T.C.T., said tract being tract 2 of said Volume 9459, Page 83; Ordinance No. 2168 Page 5 THENCE, North 01 degrees, 53 minutes, 12 seconds, East, 37.85 feet; THENCE, North 61 degrees, 40 minutes, 42 seconds, East, 17.52 feet; THENCE, North 28 degrees, 58 minutes, 24 seconds, East, 32.85 feet; THENCE, North 44 degrees, 45 minutes, 33 seconds, West, 41.39 feet; THENCE, North 76 degrees, 51 minutes, 27 seconds, East, 50.8 feet; THENCE, South 05 degrees, 39minutes, 48 seconds, East, 41.22 feet, THENCE, South 25 degrees, 33minutes, 06 seconds, West, 44.4 feet; THENCE, South 47 degrees, 25 minutes, 54 seconds, West, 51.35 feet to the Point of Beginning and containing acres of land more or less. TRACT 13: 1 -2 Medium Industrial to U - Institutional SITUATED in the City of North Richland Hills Tarrant County, Texas and being a 2.4212 acre tract of land out of the Telitha Akers Survey Abstract No. 19 said tract being a portion of tract 2 of 2 tracts of land containing a total of 63.532 acres of land conveyed to James B Johnston (Johnston tracts) by deed recorded in Volume 10996, Page 991 of the DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.) and being more particularly described by metes and bounds as follows: BEGINNING at a point in the south Right -of -Way line of Browning Drive at the northwest property corner of tract 2 of said Johnson tracts, said point of beginning being on a curve to the left whose center bears North 00 degrees 14 minutes 24 seconds West, 1118.92 feet; THENCE, easterly along said curve to the left through a central angle of 10 degrees 29 minutes 39 second an arc length of 204.94 feet to a point at the end of said curve; THENCE, North 79 degrees 15 minutes 57 seconds East, 50.0 feet to a point at the beginning of a curve to the right whose center bears South 10 degrees 44 minutes 03 seconds East, 1058.92 feet; THENCE, North 89 degrees, 45 minutes, 34 seconds, East, 128.81 feet; THENCE, North 87 degrees, 28 minutes, 10 seconds, East, 100.1 feet; THENCE, South 28 degrees, 01 minutes, 35 seconds, East, 51.610 feet; THENCE, South 01 degrees, 53 minutes, 12 seconds, West, 415.83 feet; THENCE, South 61 degrees, 40 minutes, 42 seconds, West, 109.37 feet; THENCE, North 79 degrees, 26 minutes, 45 seconds, West, 59.35 feet, THENCE, North 10 degrees, 07 minutes, 33 seconds, West, 261.98 feet; THENCE, North 01 degrees, 40 minutes, 56 seconds, East, 131.09 feet; THENCE, North 64 degrees, 36 minutes, 04 seconds, East, 56.06 feet; THENCE, North 31 degrees, 50 minutes, 27 seconds, West, 49.24 feet; THENCE, South 89 degrees, 26 minutes, 10 seconds, West, 505.16 feet to the Point of Beginning and containing 2.4212 acres of land more or less. oil THAT, the Official Zoning Map be redrawn to incorporate this zoning district boundary amendment and the herein described ordinance number be affixed to the property described herein. Ordinance No. 2168 Page 6 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 9th DAY OF JANUARY 1997. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 13TH DAY OF JANUARY 1997. Mayor City of North Richland Hills, Texas ATTEST.- City Secretary City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No. 2168 Page 7 CITY OF NORTH RICHLAND HILLS Planning & Inspection Services January 13, 1997 MEMO TO: City Council FROM: Barry LeBaron, Director of Planning and Inspectio' s SUBJECT: PZ 97 -04 Public Hearing to Consider Rezoning Thirteen Small Tracts of Land in the T. Akers Survey, Abstract 19, Adjacent to Iron Horse Golf Course. The Planning and Zoning Commission considered this item at its January 9, 1997 meeting and recommended approval. P.O. Box 820609 • North Richland Hills, Texas *76182 -0609 USA 7301 Northeast Loop 820.817- 581 -5514 * FAX 817 - 656 -7503 O e � I O 4 S %r Y� a; Y� -1 a Y e7( L 7z2 \ I I ( e 0 z Z• C) m 0 s Ys la� -al J, I \ 1� \ X13 rep � J:K , G) m rA O m ym• � o T a T Q � C' O O a a ? = c z S 0 � e o r w � = m t � r zm v: F V o n z 0 o O L. A -i cn C, -� om X v Cl) o z Y� a; Y� -1 a Y e7( L 7z2 \ I I ( e 0 z Z• C) m 0 s Ys la� -al J, I \ 1� \ X13 rep � J:K , G) m rA m � o T a T Q � C' S � e o r w � o [Pj � r F V p4 O Y� a; Y� -1 a Y e7( L 7z2 \ I I ( e 0 z Z• C) m 0 s Ys la� -al J, I \ 1� \ X13 rep � J:K , Department: Legal CITY OF NORTH RICHLAND HILLS Council Meeting Date: 01 -13 -97 Subject: Release of Covenants on Right -of -Way Proof - Agenda Number: GN 97 -01 Resolution No. 97 -01 Certain restrictions were imposed on two tracts from which the city received rights -of -way . The owners wish to cancel the old restrictions (1984) and have asked us to consent since we now own parts of the two tracts. This will not affect our rights to the property. The rights -of -way will still be valid. It is recommended that Resolution No. 97 -01 be passed and approved. Finance Review I Source of Funds: Acct. Number Bonds (GO /Rev.) Sufficient Funds Available Operating Budget Other " Finance Dimaor IMP- Department Head Sign a ure L City Manager CITY COUNCIL ACTION ITEM Page 1 of RESOLUTION NO. 97 -01 WHEREAS, on November 7, 1995, Hightower Investments, L.C. executed a certain right -of -way deed in favor of the City of North Richland Hills which is recorded in Vol. 121, p. 1161, Deed Records of Tarrant County, Texas; and WHEREAS, on October 19, 1995, WCJ Rufe Snow 94, LTD. executed a certain right -of -way deed in favor of the City of North Richland Hills, which is recorded in Vol. 12143, p. 1194, Deed Records of Tarrant County, Texas; and WHEREAS, the two underlying tracts, of which the property described on the two right -of -way deeds were a part, are burdened by certain Easements with Covenants and Restrictions affecting lane dated August 15, 1984 and recorded in Vol. 7943, p. 1160, Deed Records of Tarrant County, Texas; and WHEREAS, the present owners of the two underlying tracts wish to cancel the covenants and restrictions which were imposed by the document referred to above dated August 15, 1984; and WHEREAS, said owners have requested this City to join in the AGREEMENT TO CANCEL COVENANTS AND RESTRICTIONS; and WHEREAS, the City Council finds that such joinder and consent by the City will in no way affect use of the property as right -of -way. NOW, THEREFORE, 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 executed Exhibit "A" attached hereto and made a part hereof, as the act and deed of the City. PASSED AND APPROVED this day of , 1997. APPROVED: Tommy Brown, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, City Attorney Joe `Foster' ,.,OUR(I \I. 111. U, t.ST tTI. BROA1R \GI IBC MICHAEL J. CARRA..NCEJIE Executive dice President January 2, 1997 Mr. C.A. Sanford City of North Richland Hills 7301 N. E. Loop 820 North Richland Hills, TX 76180 Re: Graham, Jennings and Eckerd's Real Estate Transaction Dear C.A.: Enclosed for your review and approval is the draft of an agreement to cancel the existing development covenants and restrictions on the three properties located in the southeast quadrant of Rufe Snow and Hightower. The covenants and restrictions were placed on the property August 15, 1984 by the previous owner of the three properties. The reason for the covenants and restrictions was that the developer had a definitive site plan for the proposed shopping center, which never was built. Said proposed center contained a Safeway Supermarket and Safeway required these type covenants and restrictions from the developer. The reason that the City needs to be a party to this agreement is because part of the property encompassed by the covenants and restrictions was dedicated as right -of -way to the City in 1995. The draft agreement was prepared by Mr. Graham's attorney, Mr. Charles Pulman. I also have sent copies to Doug Jennings and Tom Caldwell for their review and approval. If you or Rex McIntire have any questions or need additional information, please give me or Charles Pulman a call. Sincerely, tel J. ZCarrancejie MJC /mm cc: Charles Pulman Terry Wilkins D15CAS1497.LTR brdiridual or Corlwale .tlemhervOI)s in North Texas Commercial .association of Realtors American Society of Real Estate Counselors Socim of Industrial and Office Realtors The Appraisal Institute 900 ONE LINCOLN CENTRE - ii011 LB.I FREPXAN - 1) ULAS -i_40 • (214) 38i-3 100 FAX (21a) 8i3189 12/31/90 TUE 15:26 FAX 214 712 4402 _ VIAL 11AXILTON _ Q001 il-fil VIAL, HAMILTON, KOM & KNOX, L.L.P. 1717 Main Street Suite 4404 Dallas, Tcm 7MI 73U (214) 712-4400 FAX (214) 7124402 TELECOPY COVER LETTER DATE: December 31, 1996 2:40 pm Number of Pages ('including this page). Mchael J. Carrancejie FROM: Charles D. Putman FAX: (972) 385-3189 FAX: (214) 7124402 Phone: (972) 385 -3100 Phone: (214) 712-43M NJ[MAGE Atty No.: 1410 Client Matter No.: 076555 -00107 TB33 ENCLOSED MATERIAL IS INTENDED ONLY FOR THE RECIPUN T NAMED ABOVE AND. UNLESS OTHERWISE EXPRESSLY INDICATED. IS CONPIDENTIAL AND PRIVIIMED INFORMATION. ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THE ENCLO.SM MATERIAL, OTHER 79M AS INTENDED, IS PRomrrED. IF YOU HAVE RECEIVED THIS MATERIAL IN ERROR, PLEASE NOTIFY US IIVaMDI ATE LY BY TELEPHONE, AT OUR EXPENSE, AND DESTROY THE EI a OSED MATMUAL. YOUR COOPERATION LS APPRECIATED. PLEASE NOTIFY ME IF NOT MOPFRLY RECEIVED. THANK YOU, MW BY! (214) 7124M 12/31/96 TUL 15:27 FAX 214 712 4402 VIAL HAMILTON Q002 DRAFT: 12/19/96 This Agreement to Cancel Covenants and Restrictions (the Agreement") is made and entered into as of the day of 1997 by and between Hightower Investments, Ltd., a Texas limited partnership (successor by merger to Hightower Investments, L.C_, a Texas limited liability company) ('Hightower') and WCJ Rufs Snow 94, Ltd., a Texas limited partnership ("WCJ`) WHBRBA.S, Hightower is the owner of the property described on Exhibit A attached hereto and made a part hereof for all purposes (the 'Hightower Property*) subject to that certain Right -of -Way Deed dated November 7, 1995, executed by Hightower Investments, L.C., as grantor, in favor of the City of North Richland Hills, recorded in Volume 12166, Page 1161, deed records of Tarrant County, Texas (the 'Hightower Deed'); and WHEREAS, WCJ is the owner of the property described on Exhibit B attached hereto and made a part hereof for all purposes (the °WCJ property•) subject to that certain Right -of -way Deed dated October 19, 1995, executed by WCJ, as grantor, in favor of the City Of North Richland Hills, recorded in `Volume 12143, Page 1194, deed records of Tarrant County, Texas (the •WCJ Deed *); and WHEREAS, the Hightower Property and the WCJ Property (collectively the ^Burdened Property*) are encumbered by certain AGRZMMMT TO CANCEL COMWANTS AIM RESTRICTIONS - Page 1 12/01/98 TUE 15:28 FAX 214 712 4402 VIAL HAMILTON U003 easements, covenants, conditions, restrictions, benefits, rights and obligations created by that Certain Basements With Covenants And Restrictions Affecting Land (BCR) dated August 15, 7.984, recorded at Volume 7943, Page 1160, Deed Records of Tarrant County, Texas (the "ECR"); and WHBRFM, Hightower and WCJ (collectively, the ■Owners") desire to cancel and terminate the SCR. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owners hereby agree as follows: 1. Hightower represents and warrants that: (i) Hightower is the record owner of the Hightower Property subject to the Hightower Dead, (ii) the Hightower Property is the same property, as the property described as Parcel I in the ECR and (iii) Hightower has the right, power and authority to enter into this Agreement and terminate the BCR in accordance with this Agreement. 2. WCJ represents and warrants that: (i) WCJ is the record owner of the WCJ Property, (ii) the WCJ Property is the same property as the property described as Parcel II in the ECR and (iii) WCJ had the right, power and authority to enter into this Agreement and terminate the BCR in accordance with this Agreement. AGREEMENT TO CANCEL COVENANTS AND RESTRICTIONS - Page 2 12/31/86 TUE 15:28 FAX 214 712 4402 VIAL HAMILTON Q004 3. Pursuant to Paragraph 8(a) of the RCR, the Owners, being all of the record owners of Parcel I and of Parcel Ii (as such terms are defined in the ECR) subject to the Hightower Deed and the WCJ Deed, hereby cancel and terminate the RCR and all easements, covenants, conditions, restrictions, benefits, rights and obligations under the ECR and hereby release and discharge all of the Burdened Property from the SCR and from all easements, covenants, restrictions, conditions, benefits, rights and obligations under the SCR. The Owners agree that the termination and cancellation of the ECR includes the cancellation and termination of the access and /or utility easements described on Exhibit D, if any, attached to the SCR and that all easements, covenants, restrictions, conditions, rights, benefits and obligations under the ECR are hereby canceled and terminated and of no further force or effect_ 4. Each of the Owners, on behalf of such Owner and its successors and assigns, hereby releases and forever discharges each of the other Owners, and their respective successors and assigns, from any and all obligations, duties, claims, causes of action, demands, costs, and liabilities, whether known or unknown, absolute or contingent, now existing or hereafter arising, under, arising out of, or in connection with the SCR. 5. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. AGREIUNT TO CANCEL COVENANTS AND REBTRICTXOKS - Page 3 1ti31ie6 TUL 15:28 FAX 214 712 4402 VIAL HAMILTON 14005 6. Each of the Owners agrees to execute, acknowledge and M deliver such documents and instruments as may be reasonably necessary to confirm, evidence or effectuate the purpose and intent of this Agreement. 7. This Agreement shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first hereinabove written. HIGHTOWER INVESTMENTS, LTD., a Texas limited partnership BY: GROVE IMSTORS, INC., a Texas corporation ITS: General Partner BY: Billy J. Graham ITS: President WW Rue, SNOW 94, LTD., a Texas limited partnership By: WW Investments 92, L.C., a Texas limited liability company, General Partner BY: W. Douglas Jennings ITS: Manager AGREEMU7T TO CANCEL COV'ETANTS AND RESTRICTIONS - Page 4 12/51/96 TUL 15:29 FAX 214 712 4402 VIAL HAMILTON KO_ = 'M The City of North Richland hills, Texas, hereby consents to the termination of the ECR. CITY OF NORTH RICHLAND HILLS, TEXAS By: Its: As the owner and holder of a lien encumbering Parcel II pursuant to that certain Deed of Trust (Security Agreement, Financing Statement) executed by WCJ Rufe Snow 94, Ltd., to S. Martin McDonald, Trustee, dated January 27, 1994, recorded in Volume 11431, Page 1793, deed of trust records, Tarrant County, Texas, as modified by instrument dated January 27, 1996, recorded in Volume 12277, Page 2224, deed records, Tarrant County, Texas, Overton Bank and Trust, N.A. hereby consents to the termination of the RCR. OVERTON BALTIC AND TRUST, N. A. By: ITS: THE STATE OP TRXAS S 5 COUNTY OF TARRANT 3 This instrument was acknowledged before me on the day of 1997, by Billy J. Graham, President of Grove Investors, Inc., a Texas corporation, the general partner of Hightower Investments, Ltd., a Texas limited partnership. Notary Public in and for The State of Texas My Commission Expires: Printed Name of Notary AGREEMMT TO CANCRL COVENANTS AND RESTRICTIONS - Page 5 X006 2/31/96 TUL 15:30 FAX 214 712 4402 VIAL a"ILTON Q007 THE STATE OF TEXAS S S COUNTY OF TARRANT S This instrument was acknowledged before me on the day of 1997, by W. Douglas Jennings, Manager of WCJ investments 92, L.C., a Texas limited liability company, the general partner of WCJ RUFE SNOW 94, LTD., a Texas limited partnership. Notary Public in and for The State of Texas Printed Name of Notary My Commission Expires: THE STATE OF TEXAS 5 5 COUNTY OF TARRANT S This instrument was acknowledged before me on the day of , 1997, by the of the City of North Richland Hills, Texas. Notary Public in and for The State of Texas Printed Name of Notary My Commission Expires: AORMMMMT TO CANCEL COVMZAXTS AND RESTRICTIONS - Page 6 l:iJiiats 1UL 15:Ju IAl 214 712 4402 VIAL HAMILTON Q00S THE STATE OF TEXAS 9 COUNTY OF TARRA1aT � This instrument was acknowledged before me on the day of 1997, by - I the of Overton Bank and Trust, N.A. Notary Public in and for The State of Texas Printed Name of Notary My Commission Expires: Exhibit A - Hightower Property Exhibit B - WCJ Property SWUM mY.MM sn,s UnW% 4�10pm AGREiMM" TO CANCEL COVENANTS AND RESTRICTIONS - Page 7 12:31 96 TUL•' 15:31 G1l 214 712 4402 VIAL H"ILTUN . a ■ > . M1- . PARCEL L DF3?>G a tssc.'t of lm d out d tht jails— L. Mm StnG'M, Abstract }o. 1010, •l�uaont: sow,, Sans. and baba � of a tars 04 lens =wieyed to Pittsbe=+glr. list, siddeni muAs Joim vo*um by r. S. 8uao . '�1t cc, and —d d in Vol+ms 762". P09C 837. Deed Reoocds, '32� GO AY, pa c%gar y aftm=ibed as foliate: mmeam at a point in the mSt tat line aE hale Srmw cave (an 80' mmn said pcdne be" S 0. 14• or c. 1W.00 feet Cc= the imm"CeL a of &A peojection of the feats Unit lira of Atha S mr, Clive ad tin Sotath lips of 6ir�staowet lad (CWstY load tea. 3051), said iat=wootim baLM located S C' le' 14' H, 20.87 feet and 2 89' 43' 46' E, 47.08 feet f'cm the ttatb west camas: Of said NLLUaa i.. hum SArve7: MM=. S 891 49' 08' E. 150.00 Get to a poi:it fot cmc*X -. 7»M X 0' 14' 02• W, 180 -00 feet Uo a point fat *== in the xuCh line of w4mnxr RDad: 7I=s S 89. 49' 08' E. 450.02 feet aloeig the Swth line of AigbbaAW Bead to a paint for eovie=; 903M, S O. 14' 02' E, 393.00 feet w a point for onasrs; ?ice >t 83' 49' 08' W. 265.00 feet to a point fat ooamr, R Wa - S 00 14' 02' E. 24.00 feet to a paint for Go�rsa ' N 29' 49' O8' l:, 175.02 feet to a point for c*tmm in the ESSt TCW _ Lille of rife Srvw OciRf s N 0' 14' 02' x, 237.00 feet almg the Test FCA line of Rafe &00 V=WS Lp t.*e F= CE no=*MC and c ontainin7 216,2a.98 ulna=s: feet ce 4.9780 ages of land. 40- i M. 7943 hCE uvz Q009 12/31:98 TUE 15:32 FAX 214 712 4402 VIAL HARILTON Z. a..a._ r B£7.4'i a tcpct at lsd out of the teillim L. Xwm SuLvoy, abst= t 50. 1010, MU=Mt mmastY* bras, and W 0 Dart of a t== at lard oaq"ed t0 tittsbargb- lio=t Rid:Lwd Bills Joint umbrae by r. S. Budgies, at we, as w MA in Voisseae 7629, Page 812. Deed Aeaam?s, 7;armat County, Toss, WA beiM stow zzarRc G at a pAP4 in the most SOW lire Of A36e Snow Drift Wf 80' W said point S 0. 14' 02' E. 180.00 feet [nos the /Mine ce On povjactLm OE site 1» Xw Line of kdo Sooty Drive asd the 9art5 Jim of Bightoar lord tCmx q had No. 3051). TSMM.. S 89' 49' 491 TA 225.02 feet to a po!M for aoa�eri MU=: 0 0' 14' or K. 24.00 tax to a p>fimt far combw4 TaL--XZr S 89' 49' 08' L, 265.00 teat t0 a paint 8or eaa7mz: 'ilM: S 0' M' or L, 730.69 feet to a point for aorrert UMM s 89' 47' 51` N. $00.00 feet to a point for mares in the Vmt KU llm of lasfe Sw- Drives TW=g N 0. 14' 02' W. 6$.00 feet: along the East RM 11DA of kde Scow M:ive to a PAmt for cv mml •11cV= a 89. 49' o8' t. 150.00 feet to a point fcr Cosslert =a= N 00 14' 02"V, 200.00 fast to a point for WCaes7 -om�) E: li $90 Of O8' w, 150.00 fat to a point tor eos:.er in the East Poet Una at "a Snow mcivet -am=: H 0. 14' 02' K. 445.71 feCt Al=q the East WX 11ae Of 10 fe Saar Orivs to the pZxm cir manffl= and w%tainln4 401.579.94 egtsnss fact as 9.:190 ales of lam. W6 117":1A 0 =c a tract of lard rat of the W n l lm k lase Sn:vay, l stm et lb. 1010. lass^ant [ickincy, lbws, and b, i- pest aE a tract of lead ccmvyVd to Mtt ' tmstA 7361and NJ l e Joint Ventsaz by F. S. Hudgins, at mx, as tec=dW in Volux 7629. Tags 872. P-d Aeootds. t=mtt OountY, Texas. &A being Nora pastimlarly deccribed as follawst z0=94II9G at a poirG in dW East PM LIM of Pall 2"OW Oci« (an 90' =I) "M point being S.00 14. 02' G 180.00 feet free the 3ekaftoetim of the P"J tion Of the East KM lim of Rafe ancw Drive and the South line of Hightcuw Road KojnW /toad loo. 30511. said it1OCLx4tiC► belm lvcatod S 0' 16' 14" w, 201.10 feet ad S 09' 4_' 46' S. x7.08 feet fxm the morthaest comes of saLd willl -m L. KbIn Su Vqr MyCE: S 89' 49' 08' C. 150.00 Etet to a point for coeswrs 9i =7L: N 0' 14' 02' W. 180.00 fees to a point for C=3k -r in the South Ltnc Of ltightaaer Aoad: TKMM N 89' 49' 00' K, 136.73 :oet a1a.g the south l t..ft Of 104htm+er Proud to A point fee cut-off; '1 j=& S 49' 46'•08' V. 17.29 (get to s point for corner in the last MW lisle of :isle Seer. Dcivc: Q010 _ 12i31/_86 TUE 15:32 FAX 214 712 4402 VIAL HAHILTON 0)011 �s S 0. 14' 02^ X. IC8.74 feet aL=q the Gist Mw 1Lsse of kds S- Orive to the PLV� Cr BFI ZMZ and Q=tQjmjM 2t.M.80 square feet or 0.6100 O=t3 of IW4- E= PATCH 11 1px= 3 Lf • tract ag land out of the xi113a. s` Mw Sway. abstract :b. 1010. lurrant Coww7fe T1e>ms, and tieing Pnrt of a tract of land aoMeyed to Pittsb nh- Nortls Righlntd sttt- Joust Yrso= -by r. S. Nadgins. st mt. as reoatt"a in Valumt y d�rsca$32. a11a,r3_ • 'bras Casty. 4ea:s, atd being i6 M so= w, , at a paint Ln the last Mw line of Rde sr cu Oeift tin 90' 1ts�1 said point being 5 0. 14' 02• E. $62.71 raft fttsa the irnorsaaticn of the pt'°7acticn of on last KU line or Tuft Sso.r Drive and the South line of RLOvaoer !bed (County pod No. 3051). said 3ntezMetlan being %rated S 0• it, 140 W. 26.87 feet and 5 89. 43' 46- t:. 47.68 feet fxm the ttattbmzt Ommw of $aid Niliiam L. Kato+ D=V-n TsosA=- 5 89. 49' 08' E. 150.00 feet to a Pert for =03c r. s a. 14' or 1. 200.00 feet to a point far corms.- T1Ent.'E: S 29. 49' GO- We 150.00 fiaet to a Point far aoatcY in the Fast K7t line of Asfc Shaw a=.rr: 11 0. 14' Or We 200.00 feet alotq tb* Mitt MU �Cr pr6887 cr�fsw to the VE= Cr and containing 29.999.21 slue: e . ai land_ EM A.%= 1% T:AM 4 $r= a t== of 1s:s3 oat of the Willies L. HN Stavaye bract 10. 1010' Ta=$M Q-TtY, ibtas* and being fall of a tract of land am weyed to Fittsb -v- llarth TdChlad nilis vieotta a by F. S. &fdgi:ts. sore end beiA4 Volume 7629. gage Me Deed beo=d:. Za=wt County. ''e-s. a culzr y descilbed as gall a: �pS p; 14 • the Ent tl M7.771 teat � � is�e (an t`xn of tM "id paint jest of the lest line or Rife M)aw Dtive and the Uuth liar of� 14Highbw+tr aosd s(Castty Posd No. 3051), said i:st+etsectian being 26.87 feet and S 29. 43' 46" L. 47.08 feet LMQ the Nortlt•mst corner of said Wlll.imo L. 1'letm Surmyl Mocr-- N $9. 47. 51- 9=. 294.40 feet to the T= $la Cr mg =a N 89. 47. 51' E. 305.60 feet to i Point for Donner, Tkn=: S o• iti' 02' E. 200.00 feet to a pomp &W.pottseet. Ziu=s S 69. 47' 51' V. 305.60 Lett to a Paint fov o�rer: TBa=.a N 00 14' 02' M. 200.00 foot to the MM Pf-A= Cr t01aII*Ma and pont&ining 61112).99 aqunra feat oc 1.4031 acres of lard. ft mE= a twat of 2W4 Out of tat WUU= 1- ow- S vv . AbctzaCt Kb. 1010. Tar== Cauoty. tLxas. and bring Part of a tract of )and atwewyea to pittsbursh' Nortsh Richland KL11s Joit+t Vctb -a by p. S. tk*ins. et ax, as recocftd it► volox 7629. 729m 872. Deed Nxxwds, T"Wnc CbuntrP 'AeKas. std bcitsl I "M pnti�larlr dexsibed Al follo n: %'._ :9.13 rlau77 12/01/96 TUE 15:33 FAX 214 712 4402 VIAL HAMILTON Said wvz=r at a pain. is tha wt AW LLM Of Rule Snore Oche Ian t0' iR041 �P° s 0• U' 02- M. 1127.71 feet Lxrn t!m intxrsex.'s>� of Po ad lGaa►e -t of the Fast 31t+a of age Straw Odwe and the Sout ft Use of rngnta"et P40d so. 30511. said SncesActi,, bain9 Lemcad S 00 16' 14' M� .,& !� t` ;roan WA S 89' 43' 46- r- 47.06 feet E== the �tMmst oort+es Shiver MMSM. N t9' 47' 51' L. 147.20 fact to the TV= P'Xm or UM=: ti 39. 47' Sl' E. 147.20 feet to a point for oo�rs: S C 14' 02' E. 200.00 feet to a paint for % : S W 47' S1' Y, 141.20 feet to a point fnc Goars7 7 N 00 14' 021 r 0 00.0 Acres of lam- MY= CP R =x� &M cm� 290440 -00 aquae fact em PAP= 11 'lit= 6 » a tract of Land out of the villim 1` "M VJr y. #bs� 00. 1010, Mu=. Caatty. 1- , and bdrq pox% Of a tracts of Land oommy+ed to Pitcstaa9tr' R1, # 8ichland Ail3.a Joint Vents= by F. S. iA250rs, et 04 as zeeasded 9a WLme 7629, Page 132. Geed ftow Ls. Tarx —t Comity, 1axss. and be' aq apse pnstiad —ly 3emcibed as follows.- Ztt1 == at a point in tba Ent WK line of ]Daft Snow Olive tan 90' IM said point bp- r S 0. 14' 02• S. 1127.71 fait fzva tt* intessetd DCt of the Pro 7aatie: of the Vst MR line of Rlfa 9" Drive ud the 90 ut3s line ai ltiOftm'*r Road tComny Ase.i No. 30$11. Sala intasseetim beiaq lomted $ On 16' 14' 1t. 26- feet and S t9. 43' 46- E. 47.Oe feet fzoa the Noxtbwc$t cocner of said tiff MM=. N o9' 47' 510 E. 141.20 feet to a point for ortr�; 'n lL°a S 0. 14' or R~ 200.00 feet to a paint for txq>rr. s !99 47' Sin K. 147.21) feet to a point far aoexr in trio Rat IM - We of ante 3mm Drina: . Mg=: 1i O. 14' 02' ii. 100.00 feat alcM the East FW line of Raffia 3=+ nriva to the AAM or •EMat 4 and containing 29,440.00 *TA&m teat er 0.6752 acrrs of lagd. ►r_ "43 ftunlis ®012 P. 01 x TRANSACTION REPORT DEC -31 -96 TUE 16;35 DATE START SENDER RX TIME PAGES TYPE NOTE DEC -31 16:27 214 712 4402 7'30" 12 RECEIVE OK CITY CF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 1/13197 Subject: Authorized Investment Officers Agenda Number: Resolution No. GN 97 -02 As a result of City staff changes, a resolution is required amending the list of authorized personnel for conducting investment transactions with authorized securities dealers and banking institutions. The following positions are suggested to be included on the list of authorized individuals: Director of Finance Larry Koonce Accounting Manager Jackie Theriot Accountant Bret Starr Utility Services Manager Victor Jones The proposed resolution authorizes the Mayor to execute the form which designates these individuals. It is recommended that Resolution No. 97 -02 be approved. Source of Funds: Bonds (GO /Rev.) Operating Budget Other 0-06partment Head Signatur Finance Review Acct. Number Sufficient Funds Available CITY COUNCIL ACTION ITEM Page 1 of Finance Director Resolution No. 97 -02 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: 1. The following officers of the City of North Richland Hills, Texas are hereby authorized to execute all investment transactions of the City with all securities dealers and banking institutions approved by the City's Investment Committee in accordance with the City's Investment Policy. 1. Larry Koonce Director of Finance Signature --� 2. Jackie Theriot Accounting Manager Signatur �n 3. Bret Starr Accountant Signature 4. Victor Jones, Jr. Utility Services Manager Signature PASSED AND APPROVED this 13th day of January, 1997 APPROVED: Tommy Brown, Mayor ATTEST: City Secretary APPROVED AS TO LEGALITY: Attorney for the City "I CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: Subject: Amending Authorized Investment Officers List for Agenda Number: expoo , Resolution No. 1/13/97 GN 97 -03 As a result of City staff changes, a resolution is required amending the authorized representatives list for Texpool. The following-are suggested to be included on the list of authorized individuals: Director of Finance Lary Koonce Accounting Manager Jackie Theriot Accountant Bret Starr Utility Services Manager Victor Jones The proposed resolution authorizes the Mayor to execute the form which designates these individuals. Recommendation: It is recommended that Resolution No. 97 -03 be approved. Source of Funds: Bonds (GO /Rev.) _ Operating Budget Other _ Department Head SiOtfitdre Finance Review Acct. Number Sufficient Funds Available ::t- <V g::�� Finance Director UA City Manager CITY COUNCIL ACTION ITEM Page 1 of Resolution No. 97 -03 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: 1. The following officers of the City of North Richland Hills, Texas are hereby authorized to execute the Texpool Resolution Form Amending Authorized Representatives on behalf of the governing body of the City: 1. Larry Koonce Director of Finance Signature A�aw 2. Jackie Theriot Accounting Manager 3. Bret Starr Signature 4. Victor Jones, Jr. Accountant Utility Services Manager Signature Aa"� 2. The Mayor is hereby authorized to execute the amendment form, a copy of which is attached hereto and made a part hereof and marked Exhibit "A ", to authorize the aforementioned individuals to conduct business with Texpool as authorized representatives of the City as the act and deed of this City. PASSED AND APPROVED this 13th day of January, 1997 APPROVED: Tommy Brown, Mayor ATTEST: City Secretary APPROVED AS TO LEGALITY: Attorney for the City Department: Finance CITY OF NORTH RICHLAND HILLS Council Meeting Date: Subject: Authorized Signatures for Pledgee Signature Agenda Number: Authorization orm, Kesolution No. 1/13/97 GN 97 -04 As a result of City staff changes, a resolution is required authorizing signatures for the release of pledged securities with Nationsbank and the Federal Reserve Bank of Dallas. The following positions are suggested to be included on the list of authorized individuals: City Secretary Patricia Hutson Director of Finance Lary Koonce Accounting Manager Jackie Theriot Accountant Bret Starr Utility Services Manager Victor Jones The proposed resolution authorizes the Mayor to execute the signature form which designates these individuals. It is recommended that Resolution No. 97-04 be approved. Source of Funds: Bonds (GO /Rev.) Operating Budget Other - �15epartment Head SigniWure Finance Review Acct. Number Sufficient Funds Available CITY COUNCIL ACTION ITEM Page 1 of Finance Director Resolution No. 97 -04 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: 1. The following officers of the City of North Richland Hills, Texas are hereby authorized to execute the Pledgee Signature Authorization Form on behalf of the governing body of the City: Name Title Patricia Hutson City Secretary Larry Koonce Finance Director Jackie Theriot Accounting Manager Bret Starr Accountant Victor Jones Utility Svcs. Mgr 2. Signature The Mayor is hereby authorized to execute the signature form, a copy of which is attached hereto and made a part hereof and marked Exhibit "A ", as the act and deed of this City. PASSED AND APPROVED this 13th day of January, 1997 APPROVED: Tommy Brown, Mayor ATTEST: City Secretary APPROVED AS TO LEGALITY: Attorney for the City PLEDGEE SIGNATURE AUTHORIZATION FORM TO THE FEDERAL RESERVE BANK OF DALLAS: RESOLVED, that the signatures written below are those persons who are hereby authorized and empowered to sign in transactions with the Federal Reserve Bank of Dallas until said Federal Reserve Bank has received notice in writing that this authority as to any or all of the persons whose names appear on this form have been revoked. Signature Name Tommy Brown Title Mayor Date January 13 1997 Name /Address of Pledgee: Name City of North Richland Hills City /State/Zip Code N Richland Hills, TX 76182 -0609 Phone Number (817) 581 -5500 CBI Number 311812521 AUTHORIZED PERSONS: Name Patricia Hutson Larry Koonce Jackie Theriot Bret Starr Victor Jones (SEAL) Title Signature City Secretary �CIIG 1� Finance Director Accounting Manager Accountant Utility Svcs. Mgr. P4! " mt, "i m'' W-' 0q 1 — & �S-z 4-1 CITY OF NORTH RICHLAND HILLS Department: City Secretary Subject: Appointment to Park and Recreation Board Council Meeting Date: 01/13/97 Agenda Number: GN 97 -05 Place 6 on the Park and Recreation Board is vacant. Ms. Lorraine Miller has been recommended for appointment. It is recommended that City Council take action on the propsed appointment. Source of Funds: Bonds (GO /Rev.) Operating Budget Other— Department Head Signature Finance Review Acct. Number Sufficient Funds Available CITY COUNCIL ACTION ITEM Finance Director �AA City Manager Page 1 of CITY OF NORTH RICHLAND HILLS Department: Administration Council Meeting Date: 1/13/97 Subject: 23rd (1996/1997) Year Community DQy _lopment Rlnrk Agenda Number. GN 97 -06 Grant Program - Public Hearing Last summer, the United States Department of Housing and Urban Development (HUD) informed the City that it is eligible to receive direct entitlement of Community Development Block Grant (CDBG) funding starting with the 23rd (1996/1997) CDBG program year. On June 24, 1996, the City Council accepted the entitlement designation and entered into a contract with Tarrant County for the administration of the City's CDBG program. It is estimated that the City will receive about $300,000 this coming year for projects, but Tarrant County has indicated that it projects that funding will decrease the following two years. Tarrant County estimates that 23rd (1996/1997) year funding will be available around August 1, 1997. For the upcoming 23rd (1996/1997) program year, City staff has developed a CDBG program in accordance with HUD guidelines which the City Council is asked to consider in Resolution 97 -06. A public hearing is required by HUD so that the City can receive comments on the proposed 23rd (1996/1997) CDBG program year . The purpose of the hearing is to receive public input on these projects. In the most recent years, CDBG funding has been used for senior citizen facilities. It is suggested that -for the upcoming entitlement, the funds be used for street improvements in CDBG target neighborhoods. Funding for two proposed street reconstruction projects are summarized below: Conn Drive (Ashmore to Keeter) Cloyce Court (Janetta to Maplewood) Total $176,231 $306,127 Staff recommends that the City Council conduct the required public hearing. Source of Funds: Bonds (GO /Rev.) Operating Budget - Other e artment H ad Si n ture Finance Review Acct. Number Sufficient Funds Available FUmnw Dinclor Cily Manager CITY COUNCIL ACTION ITEM Page 1 of CITY OF NORTH RICHLAND HILLS Department: Administration Council Meeting Date 1/13/97 Subject: 23rd (1996/1997) Year Community Development Block Agenda Number: GN 97 -07 Grant Program - Resolution No. 97 -06 Following the public hearing from the previous agenda item, it is necessary for Council to take action regarding projects they wish to be included in the 23rd (1996/1997) year CDBG entitlement program. The attached resolution transmits the City's proposed 23rd year (1996/1997) CDBG program. The proposed program consists of two street reconstruction projects: Conn Drive (Ashmore to Keeter) $176,231 Cloyce Court (Janetta to Maplewood) 129.896 Total $306,127 In addition, the resolution contains a tentative 5 -year CDBG program schedule. Finally, the resolution requests a waiver from HUD so that the City can begin engineering work on the projects before the County's funding year begins, thereby allowing projects to be completed in a more timely manner. These engineering costs will be reimbursed to the City with CDBG funds once the County's funding year begins. Staff recommends that the City Council approve Resolution 97 -06. Source of Funds: Bonds (GO /Rev.) Operating Budget _ Other WartrVient He d Si ature Finance Review Acct. Number Sufficient Funds Available Finance Director City Manager CITY COUNCIL ACTION ITEM Page 1 of RESOLUTION 97 -06 WHEREAS, the City of North Richland Hills will receive direct entitlement of Community Development Block Grant Funds (CDBG) for the 23rd (1996/1997) CDBG program year; and WHEREAS, the attached schedule represents the City's requested program of projects for the 23rd (1996/1997) CDBG program year; and WHEREAS, the attached schedule also represents the City's tentative 5 -year program for use of CDBG funds; and WHEREAS, the City would like to begin work on these projects as soon as possible; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, THAT 1. The attached schedule represents the City's requested CDBG program for the 23rd funding year, 1996/1997; and 2. The attached schedule also represents the City's tentative 5 -year CDBG program; and 3. The City Council requests a waiver from the U. S. Department of Housing and Urban Development so that engineering for 23rd (1996/1997) year projects can begin as soon as possible. PASSED BY THE CITY COUNCIL on this the 13th day of January, 1997. ---• Tommy Brown, Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City _J OQ Zo ow aW� =�a ZNQ 0 m rQ U 'O IZ IO CL �I c; zIco Lrip (7 a i S N 1 r V- w T— r W a H W N N d' N N .O C 7 w O ` O N O O tp L Co O N 4)",- cu cu t0» c4 cu m L 0�3c 00 O 00 d E j0v � co M 69�m Q"NcM cog r N a� W rn a o r O r CV) C) A th N m &0 M A N M rn coo N 4% � N 1,- N ' r r h LO O O O l� ILA LO 1- 1l— N 1- p- M r- N M I � O 0 � 0 a m N �p J C O J y l6 ♦+ Y Y Y O Q y m O t GD 0 coo = J J ~ Q ` a) c m U io c Z � U N d' N N .O C 7 w O ` O N O O tp L Co O N 4)",- cu cu t0» c4 cu m L 0�3c 00 O 00 d E j0v � co M 69�m Q"NcM CITY OF NORTH RICHLAND HILLS Department: Legal Council Meeting Date: 01 -13 -97 Subject: Authorization of Eminent Domain Proceedinc on Agenda Number: GN 97 -08 Shires Tract - Resolution No. 97 -05 This Resolution was originally passed at a Special meeting January 6, 1997. The easements are needed for a public drainage project. It is recommended that Resolution No. 97 -05 be passed and ratified. I Source of Funds: Bonds (GO /Rev.) Operating Budget _ !Z. Other • epa Headowma r CITY COUNCIL ACTION ITEM Finance Review Acct. Number Sufficient Funds vailable Finance Dnetor J City Manager Page 1 of Resolution No. 97 -05 WHEREAS, the City Council has approved a drainage project known as Walker's Branch Channel Improvements; and WHEREAS, such project is a necessary public project which is needed to protect the health and safety of the city and its citizens; and WHEREAS, the city needs a certain permanent drainage and utility easement and a temporary construction easement over, under and through a tract of land out of the T.K. Martin Survey, Abstract 1055, belonging to Thomas R. Shires and wife, Charlotte J. Shires in order to complete said Walker's Branch Channel Improvement Project; and WHEREAS, the permanent drainage and utility easement will involve 17,597 square feet of the Shires' property and the temporary construction easement will involve 4,783 square feet of the Shires' property; and WHEREAS, the acquisition of such property and /or rights in property are necessary and in the public interest in order to protect the health and property of the city and its citizens. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of North Richland Hills, Texas; that III The council adopts the above findings. 2. The city attorney is authorized to go forward in an attempt to purchase the necessary property rights from Thomas R. And Charlotte J. Shires, which is referred to above, and in the event that he cannot arrive at a mutually agreeable purchase price, the city attorney is authorized to go forward with eminent domain proceedings to acquire the easements that are needed over, under and through the Shires' tract for the city to complete the project pursuant to the plans, which are hereby approved. PASSED AND APPROVED THIS 6TH DAY OF JANUARY, 1997. Approved: Tommy Brown, Mayor Attest: Patricia Hutson, City Secretary PASSED AND RATIFIED THIS 13TH DAY OF JANUARY 1997. Approved: Tommy Brown, Mayor Attest: Patricia Hutson, City Secretary Approved as to Form and Legality: Rex McEntire City Attorney Department: Administration CITY OF NORTH RICHLAND HILLS Council Meeting Date 1/13/97 When Iron Horse Golf Course was originally constructed there were a number of items planned that had to be omitted. You will recall we had a major flood, which wiped out our original planting, delayed the opening of the golf course, and caused us to change some of our construction plans. There have been a number of occurrences on the golf course that we now need to address. There has been tremendous erosion on some of the holes. This erosion needs to be abated and it is a very expensive process. Fossil Creek needs to be dredged out. Siltation over the past few years had greatly hindered the flow of water when we have a major rain. Our management company was asked to address all of the items that we felt needed to be done to keep the golf course in the condition that allows it to stay as one of the finest. The management feels, and it is agreed, that the maximum amount of money in additional debt that we should add would be $600,000. We have fairly good estimates on each of the items that are listed on the attached sheet, but will not have an exact cost until we go out for bids. It is recommended that we authorize the expenditure of $600,000. on Iron Horse Golf Course. This would be financed by the most cost effective means. That could be the issuance of Certificates of Obligation when we do our next bond program, or through some lending institution. Recommendation: It is recommended that the City Council authorize expenditures not to exceed $600,000. for improvements to Iron Horse Golf Course, as detailed in the attached letter. f Source of Funds: Bonds (GO /Rev.) Operating Budget _ Other — Department Head Signature Finance Review Acct. Number Sufficient Funds Ava CITY COUNCIL ACTION ITEM 0 Page 1 of Finance Director November 25, 1996 Mr. C.A. Sanford City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Dear Mr. Sanford: Over the past several weeks, we have studied Iron Horse historical data as well as market conditions in order to make cash -flow projections which include payments for $600,000 in additional debt. As you know, we have also been working diligently on designing and pricing a variety of capital improvements for which the $600,000 would be used. The summary conclusion is that although our review was not as detailed as a feasibility study might be, we are comfortable with the course's ability to service the new debt; and we believe that the improvements will solidify Iron Horse's position in the face of increasing competition. Our recommendation to the City is that we complete design of the following potential improvements, obtain firm bids, and then prioritize completion of the improvements, given available funds. Here is the list of potential improvements: PROPOSED IMPROVEMENTS Fix Shelter on the North side of the golf course 8505 FREEPORT PKWY Erosion Control Hole #10 S U I T E 3 8 0 I R V I N G , T E X A S 7 5 0 6 3 % Erosion Control Hole #3 TEL: (214) 915 -3673 FAX: (214) 915 -3677 r-- Erosion Control - Hole #9 Dredging #3 & #5 8753 Yates Drive #200 WESTMINSTER, COLORADO Ft, Additional Bunker #8 e 3 ° TEL: (303) 428 -7761 F�- Water Feature on Hole #I I FAX (303) 426 -6397 � Concrete Maintenance Road from parking area to trestle 13800 EAGLE RUN DRIVE `�, Creek ( 1`— Creek Clean-Up #14 & #15 OMAHA, NEBRASKA B 1 6 4 6 1� Teaching Shelter TEL: (402) 431-4601 FAX: (402) 498 -2998 Fc- Construct new Hole #14 Analysis Business Plan Last month, Gary Heward and I spent many hours reviewing and discussing a detailed business plan for Iron Horse with Mitch, Jay, and the Iron Horse staff. We set goals for tournament rounds, revenues per round, inventory turns, merchandise sales, food and beverage service time, rounds, and revenues among many others. We set goals and made plans for improved customer service. After setting goals, we discussed and agreed to the marketing, maintenance, food and beverage, merchandising, and service plans that will allow us to reach those goals. We are also taking advantage of another very exciting opportunity that has presented itself through our relationship with Stanford University. Like the City of North Richland Hills; EAGL wants its golf courses to be the friendliest courses in the country; and we have recently developed relationships with leaders at Disney, the Covey Leadership Center, and Tom Peters. Last week, we began working with them to develop a world class customer service training program for use at our courses. The program will consist of 5 -10 _modules which can be taught by managers to their staffs. They include videos, role playing, and teaching. We are very excited about it, and though it may not be completed for several months, we believe that we are drawing on the best people in the field to develop this training program. The staff at Iron Horse will be one of the first to receive the training. In the end, we feel better than ever about the plans we have in place to achieve financial and other objectives at Iron Horse. While we still have many issues to deal with, we are making continual improvement. This is important, given the changing face of the competitive environment. Iron Horse is a good value We have enclosed a list of our primary competitors' pricing for your review. As you will see, Iron Horse is well -- positioned in the upper middle end from a price perspective, and given the quality of the course, this pricing makes Iron Horse a tremendous value. You may be surprised to notice that even our food prices are below those of many of our competitors. We were pleased to see these results because it confirms our feeling that Iron Horse can withstand the potential influx of new competition. We may be able to raise prices if rounds are diluted in the area; or we can lower prices to maintain or increase rounds. We have the flexibility to pursue either tactic to maintain our financial performance, because Iron Horse is a very good value today. When the bunker renovation is complete, it will be a superb value. New Competitors Seven new high -end public courses within one hour of Iron Horse have opened in the past five years. Several new competitors will be opening next year; and others are planned for the future. The closest new competitor is Euless' Texas Star. Early reports are that the course is in a beautiful setting, it is very difficult, it has bent grass greens that may struggle due to air circulation and shade, and it will be operated by the City of Euless. Our understanding is that the course will be very high end, charging top of market fees. The clubhouse will be large, allowing big outings and parties. It will be a formidable competitor, and since the City does appear to care whether or not the course pays for itself, irrational decisions could make it even stronger. Other new or potential new competitors are in Flower Mound (opening early, 1997), Grapevine, and Keller. In addition, Ross Perot Jr. is planning to build five courses from Westlake to Alliance airport over the next 10 -15 years. I The Impact to Iron Horse No one can tell exactly what the impact of new competition will be, but unquestionably, supply and demand in this market are becoming more balanced. In fact, the increasing competition may be one of the compelling reasons to make many of the improvements. Quality of product and of service are two important factors in a course's ability to attract golfers in the face of balanced supply and demand. In the end, with Iron Horse's positioning and with its location, we believe that despite the increasing competition, the course can continue to succeed. By continuing to make Iron Horse better, we can maintain our excellent position and grow profitability. Financial Analysis We have attached a summary cash flow history and projection statement for Iron Horse from 1992 through the year 2000. We have also included a summary of the debt obligations as we understand them, including new debt service that would be incurred with a $600,000 bond offering. As you will see, the projections show Iron Horse generating enough pre -debt cash flow to cover the additional debt service with approximately a 5% cushion in the first year and 10% thereafter. The 1996 Net Operating Income (NOI) of $867,816 provides a 1.29 debt coverage ratio; and the projected NOI of $811,768 provides a debt coverage ratio of 1.21. While not huge, these are generally acceptable ratios. We feel good about the added debt service for three reasons: First, if Iron Horse experiences a 20% reduction in operating income in 1997 as compared to 1996, the cash flow from operations would be $694,252. This is still sufficient to meet debt service, provided that the nearly $100,000 of capital improvements are not made. The second reason we are comfortable is that for the past two years, we have generated sufficient operating income to meet the higher debt service amount. And even in 1993, with $663,352 in NOI, we were within $10,000 of making sufficient profits to pay the debt. Finally, our understanding is that the current surplus in the golf fund is near $600,000. Thus, we could survive one or two "disaster" years and still be able to fund the debt from the surplus rather than having to rely on taxpayer dollars. In the end, simple analysis shows that the financial burden of the new debt on Iron Horse is manageable. While there is always risk associated with new debt, we believe that we can achieve financial results that allow us to meet the challenge. Summary Based on our review of market conditions, past financial performance, and progress made in all aspects of operations at Iron Horse, we are comfortable with the prospect of additional debt. In fact, because the market it changing and becoming more competitive, we believe that some improvements will give Iron Horse a better chance to continue "paying for itself' than if the improvements are not made. Therefore, we recommend moving forward with obtaining specific plans and prices and then begin with prioritized projects. Please do not hesitate to call me if you have any questions. We appreciate• your confidence, in EAGL and look forward to continuing to work with you. - Sincerely Yours, EVERGREEN ALLIANCE GOLF LIMITED Michael D. er Chairman and CEO N N of O N W A b w Z - jd GC`T�c�c�d�v 0 n 4 00 N to Q' cr v N 'C C b ' " 0�"' b 0 O C 0 O y O �' � y w n a w A 00 Ro co xo ao -moo -e _ � CAi Ot O O CD R° - �o tr "' o V J 2 V 0 0 c UQ C7 ? CD ;-3 a w y wo�oo c o y y N c ttA W CD A x m A A 00 C < �S 0 � 'TJ `T O 00 'N4. H �_ N) N y N in f9 N El n N O (D X O �D O 7 N tnvo O P� o. p o. X � rn a X (D a .�-. CID, H (D N � H H CD N N of O N W A b �W �,�m . 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A Q ON O 0 D tkit coo >\ v vi to O tJt w n �1 COD A • QQ H 'w b• w y b• w y �• w w t D C� O o 0 0 tT `o O � D LA to o to N �o O J b tT t A {a D to O w W W O v n ON � O D A O O O A ON tT O J tT O O O O M tNJt �O � J Oo O O O ON Ow N ON O A A O W LA 000 as N N �O w 00 U O O O �D 00 A N A A w O W A O O O t A w r w A A ONO �O ' A ONi N W A A LA wwC .1�.Ln00 0000 N O b� 0 w N O O O t t � O000 N J LA CS O LA � ? Vii 00 l� O C A O� 00 OO 00 O N O Vt tJi [co N O V O A A O W Vt 00 O O O 4 7 >C v� 7 7 rl 0 n d s p N n• A7 W y A e9 d A tD H A O '1 W t/1^ �I 1 Y O 7 L IQ b A J r b 00 00 2' fD �O 1� ttrO. A Q ON O 0 D tkit coo >\ v vi to O tJt w N n �1 �] C A • D W W o to t tJ o w t D C� O o 0 0 A `p `o O Ja t D LA to o to N �o O J b tT t A {a D to O w 4 7 >C v� 7 7 rl 0 n d s p N n• A7 W y A e9 d A tD H A O '1 W t/1^ �I 1 Y O 7 L IQ b A J r b 00 00 2' fD �O 1� ttrO. A Q ON O 0 D tkit coo >\ v vi to O tJt w N O-4 T O N tJ lJ N O D C� O o 0 0 to N N N �o O J V C CD J tT O O O W W O v � llt D ON � O D A O O O D to ON tT O J tT O O O 4 7 >C v� 7 7 rl 0 n d s p N n• A7 W y A e9 d A tD H A O '1 W t/1^ �I 1 Y O 7 L IQ b A J r b 00 00 2' fD �O 1� ttrO. A Q ON O 0 CITY OF NORTH RICHLAND HILLS Department: Finance / Information Services Council Meeting Date: 1/13/97 Subject: Authorization to Extend Long Distance Service Contract Agenda Number: with NTS Communications PU 97 -01 At the January 8, 1996 meeting, Council awarded NTS Communications the annual contract for long distance service (PU 96 -02). They have offered to extend this contract for an additional year. NTS Communications offered an optional rate schedule that will save the City approximately $70 per month based on the long distance usage from the past year. NTS Communications has offered excellent service and Staff feels it is in the best interest of the City to extend the contract. Recommendation: It is recommended City Council extend the annual contract with NTS Communications for long distance service an additional year. Finance Review Source of Funds: Acct. Number 16 -01-04 -4850 Bonds (GO /Rev.) Sufficient Funds Available Operating Budget X Other Finance Director D D partment lqeid ftnature C ty Manager CITY COUNCIL ACTION ITEM Page 1 of CITY OF NORTH RICHLAND HILLS Department: Finance / Information Services Council Meeting Date: 1/13/97 Subject: Authorization to Renew Software MaintPnancP Contract Agenda Number: PU 97 -02 for GIS System At the March 25, 1996 meeting (PU 96 -26), Council approved an annual contract for the GIS software maintenance through the State of Texas Department of Information Services (DIR). This contract needs to be renewed at this time for an annual amount of $7,410. All State competitive bidding requirements are met by going through DIR for this agreement and the City will realize cost and time savings. Recommendation: It is recommended City Council authorize the extension of the software maintenance contract for the GIS system through the Department of Information Services in the amount of $7,410. Source of Funds: Bonds (GO /Rev.) Operating Budget Finance Review Acct. Number 16 -01 -06 -3445 Sufficient Funds Available Firmce Owaa ty Manager . ACTION ITEM Page 1 of CITY OF (� NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 1/13/97 evise budget for Teakwood Coprt* rainage Pw s� -oz Subject: Improvements. Phase II Agenda Number: During the October 14, 1996'Council Meeting (IR 96 -104), Council recommended that staff pursue a different alternate for the Teakwood Court Drainage Improvement, Phase II project. The alternate recommended by Council requires an 8' x 4' box culvert be constructed between the houses at 7513 and "7517 Teakwood Court to the street, an additional 48" RCP to -be constructed in Teakwood Court from the flume to Holiday Lane, and a Tx 5' box culvert to be constructed across the undeveloped property to the creek. The table below summarizes the existing and proposed budget, as well as the additional funding needed. Funding Source: In order to fund the revised budget of $597,000 an additional $137,000 is required. The additional funds will come from the following sources: From: "96 C.O. Drainage Utility Fund $ 59,540 Budget savings from completed projects: Strummer Drive (13 -30 -92 -6000) 10,555 Rodger Line Drive (13 -39 -03 -6000) 59,640 Unspecified Drainage Fund (13 -00 -00- 0118) 7.265 Total $137,000 To: Teakwood Court Drainage Improvements, Ph. 11 $137,000 Recommendation: Staff recommends Council approve the transfer of funds as shown above and amend the 1997 Street Capital Improvements Program Budget by revising the Teakwood Court Drainage Improvement, Phase Il budget. Finance Review Source of Funds: Acct. Number Bonds (GO /Rev.) Sufficient Funds Available Operat' g Budget ti Oth r 1 Finance Director J � rtm f Head SlThatufe Aity Manager CITY COUNCIL ACTION ITEM Page 1 of Approved Budget Revised ;Budget Additional Funding Engineering $64 500 $ 107,000 $ 42,500 Right -of -Way 0 25,000 25,000 Construction 395,500 465,000 69,500 Total $ 460,000 $ 597,000 $ 137,000 Funding Source: In order to fund the revised budget of $597,000 an additional $137,000 is required. The additional funds will come from the following sources: From: "96 C.O. Drainage Utility Fund $ 59,540 Budget savings from completed projects: Strummer Drive (13 -30 -92 -6000) 10,555 Rodger Line Drive (13 -39 -03 -6000) 59,640 Unspecified Drainage Fund (13 -00 -00- 0118) 7.265 Total $137,000 To: Teakwood Court Drainage Improvements, Ph. 11 $137,000 Recommendation: Staff recommends Council approve the transfer of funds as shown above and amend the 1997 Street Capital Improvements Program Budget by revising the Teakwood Court Drainage Improvement, Phase Il budget. Finance Review Source of Funds: Acct. Number Bonds (GO /Rev.) Sufficient Funds Available Operat' g Budget ti Oth r 1 Finance Director J � rtm f Head SlThatufe Aity Manager CITY COUNCIL ACTION ITEM Page 1 of GENERAL FUND DRAINAGE CAPITAL IMPROVEMENTS 1996/1997 Teakwood Court Drainage - Phase H 1998/1999 13 -53 -005 Total (revised 1/13/97) PROJECT DESCRIPTION 1996/1997 This project consists of constructing approximately 120 feet of a 8' x 4' box culvert from the existing flume located in Briarwood Estates, between the houses at 7513 and 7517 Teakwood Court to the street. An additional 48" RCP will be constructed in Teakwood Court from the fl -ime to Holiday Lane. Also, approximately 650 feet of a 7'x 5' box culvert will be constructed from Holiday Lane to Calloway Branch Tributary 2. The final part of the project consists of improving Calloway Branch Tributary 2 from the 7'x 5' box culvert discharge point to Hightower Drive. The completion of this project mitigates the flooding problem for the residents living on Teakwood Court and reduces the 100 -year flood plain limits for property adjacent to Calloway Branch Tributary 2. PROJECT STATUS Beginning Ending $59,540 Date Date Engineering 9/95 3/97 Construction 4/97 12/97 FINANCIAL DATA 0 0 64,500 Completed Projects Saving 0 70,195 0 0 70,195 Unspecified Drainage Fund 0 7,265 0 0 7,265 Total $460,000 $137,000 $0 $0 $597,000 Project Expenditures $64,500 $42,500 $0 $0 $107,000 Engineering ROW 0 25,000 0 0 25,000 Construction 100,000 365,000 0 0 465,000 Total $164,500 $432,500 $0 $0 $597,000 IMPACT ON OPERATING BUDGET first Maintenance and other operating expenses should be nominal during the rst 5 to 10 years for this project. Projected Annual Operating Impact 1996/1997 1997/1998 1998/1999 1999/2000 Total Funding Source Amount to 1996/1997 1997/1998 Remaining Project Date Budget Budget Budget Cost 1996 CO /Drainage $395,500 $59,540 $0 $0 $455,040 Unspecified Drainage 64,500 0 0 0 64,500 Completed Projects Saving 0 70,195 0 0 70,195 Unspecified Drainage Fund 0 7,265 0 0 7,265 Total $460,000 $137,000 $0 $0 $597,000 Project Expenditures $64,500 $42,500 $0 $0 $107,000 Engineering ROW 0 25,000 0 0 25,000 Construction 100,000 365,000 0 0 465,000 Total $164,500 $432,500 $0 $0 $597,000 Projected Annual Operating Impact 1996/1997 1997/1998 1998/1999 1999/2000 2000/2001 $0 $0 $0 $0 $0 omi Avon(m U) Z (L z I V^.• j 0 0 0 X U 0 ljLLJ c. —j 0 JAJ W Z L:jz w :2 "'r Tym Z U 004 rl c5 LAJ Be Lj (L . J; i :' ; .-, /* Ou Li z D 0 Lo -Cj ct L'i V) 11 L-il Cn 0 Ln Ln McTry--- -- — — --- — — — — — z— — — — — — — — — — - 0 Z -Z 2v:x CN uj uj Lj ZI 5;7 LAJ LAJ Li looll. V) IW) '2syl f4i nun v 04-1 _04 _;Is 30 omi Avon(m U) Z (L z I V^.• j 0 0 0 X U 0 ljLLJ c. —j 0 JAJ W Z L:jz w :2 "'r Tym Z U 004 rl c5 LAJ Be Lj (L . J; i :' ; .-, /* Ou Li z D 0 Lo -Cj ct L'i V) 11 L-il Cn 0 Ln Ln McTry--- -- — — --- — — — — — z— — — — — — — — — — - 0 Z -Z 2v:x CN uj uj F 4 Y' CITY OF NORTH RICHLAND HILLS Department: Finance /Police Department Council Meeting Date: 1113197 Authorize Payment to Tiburon, Inc. for Software Support Subject: and Maintenance Aareement -Resolution NO-97-07 Agenda Number: PAY 97 -01 The annual software support and maintenance agreement for the Mobile Data Terminal System is now due in the amount of $11,703.00. The Department is repaid a portion of this amount from income from the Interlocal Agreements with other area cities. 03 -90 -00 -3465 Recommendation: It is recommended the City Council approve Resolution No. 97- 07authorizing payment to Tiburon, Inc. for annual maintenance charges in the amount of $11,703.00. Source of Funds: Bonds (GO /Rev.) — Operating Budget _ Othe _ t Department Head Signature Finance Review Acct. Number Sufficient Funds Available Fitunc• Dlrnctw City Manager CITY COUNCIL ACTION ITEM Page 1 of RESOLUTION NO. 97 -07 WHEREAS, the City has a continuing software support and maintenance agreement with Tiburon, Inc. to provide service for all mobile data terminal systems; WHEREAS, the total annual amount for the period from October 1, 1996 through September 30, 1997 was billed by Tiburon, Inc. as $11,703.00 on December 3, 1996; and WHEREAS, the Police Department is repaid a portion of this amount from income from the Interlocal Agreement with other area cities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS THAT: The City Manager be, and is hereby, authorized to pay the annual charge by Tiburon, Inc. in the amount of $11,703.00 from the following account: 03 -90 -00 -3465 $11,703.00 PASSED AND APPROVED'THIS 13TH DAY OFJANUARY, 1997. kTA.•�. ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: ATTORNEY FOR THE CITY CITY OF (� NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Ratify Emergency Purchase of ra is Signal Optical Subject: Preemption Equipment for Grapevine Highway at Agenda Number: IH 820 1/13/97 PAY 97 -02 The construction on the first phase of the IH 820 Interchange Project is nearing completion. The permanent signals on Grapevine Highway (SH 26) at Bedford - Euless Road /Davis Boulevard (FM 1938) and at the south access road are being installed. The Texas Department of Transportation (TxDOT) is allowing us to coordinate directly with the subcontractor, Durable Specialities, Inc., who is responsible for the signal construction to get our preemption equipment (known as "opticom ") installed. In order to get the material to the subcontractor before he finishes the project and moves out, we needed to purchase the equipment quickly. The opticom equipment has been purchased from Consolidated Traffic Controls, Inc. for a total price of $9,400. The subcontractor will install this equipment for a total cost of $4,660. The City Manager has authorized this contract for installation of the equipment. Funding Source: Sufficient funds are available in the Opticom System Upgrades account #20 -24 -02 -6000 for this purchase. Recommendation: It is recommended Council ratify the emergency purchase of this equipment from Consolidated Traffic Controls, Inc. in the amount of $9,400. Finance Review Source of Funds: Bonds (GO /Rev.) Operatina Budaett—_' Head Siqnature Acct. Number Sufficient Funds Available Finance Director ity Manager CITY COUNCIL ACTION ITEM Page 1 of Date: December 20, 1996 To: North Richland Hills William Lankford Phone: 817 -581 -5747 Fax: 817- 656 -7552 From: Consolidated Traffic Controls, Inc. Jeff O'Brian Phone: 817 -265 -3421 Fax: 817 -274 -3610 Pages: 1 Subject: Price information for the intersectio s we discussed during our recent telephone conve . tion. Opticom equipment only for the follwoing Grapevine HWY & hoop 820 $5,125 2- 3M Model 262 discriminator 6- 3M Model 711 Detector 6- Mounting brackets 1500'- 3M Model 138 cable 1- 3M Model 360 Card Rack ions: Bedford/Euless Road & Davis 54,190 2- 3M Modes 262 Discriminator 1- 3M Model 711 Detector 2- 3M Model 722 Detector 3- Mounting brackets 1000'- 3M Model 138 cable I- 3M Model 360 Card Rack If you have any questions on the equipment or setup of the intersectic ms, please contact me at 265 -3421. Thanks, Jeff O'Brian CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Approve Final Pay Estimate No. 15 in the Amount of Subject: $112 444 49 to I Bertram on tr tion & Agenda Number: Engineering, Inc. for Holiday Lane, Section A2 Paving, Drainage, & Utility Improvements 1/13/97 PAY 97 -03 This CIP project was awarded by Council on 8/28/95, PW 95 -56, to J.L. Bertram Construction & Engineering, Inc. for $2,290,788.50. Final payment will make the contractor's total earnings on the project $2,242,429.59, which is $48,358.91 under the contract amount. The savings are due to unused temporary asphalt paving, fencing materials, and miscellaneous contingency funds which were included in this project. The contractor substantially completed this project on August 12, 1996. The scheduled completion date was September 19, 1996. The project is now totally complete with all final adjustments having been made. Fundina Source: Sufficient funds were previously appropriated by Council with the approval of the 1995/96 CIP Budget. Recommendation: Staff recommends Council approve final payment to J.L. Bertram Construction & Engineering, Inc. in the amount of $112,444.49. Source of Funds: Bonds (GO /Rev.) _ Operating Budget ure Finance Review Acct. Number 20-01 -03 -6000 Sufficient Funds Available I kv;lzc� Finance Director ity Manager CITY COUNCIL ACTION ITEM Page 1 of KNOWLTON - ENGLISH - FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth- Dallas January 8, 1997 Mr. Gregory W. Dickens, P.E., Director of Public Works 7301 N.E. Loop 820 City of North Richland Hills, Texas 76180 Re: 3 -375, CITY OF NORTH RICHLAND HILLS, HOLIDAY LANE, SECTION "A2 ", PAVING, DRAINAGE AND SIGNALIZATION IMPROVEMENTS, CONTRACTOR'S PARTIAL PAY ESTIMATE NO. 15 & FINAL Enclosed is one copy of Contractor's Partial Pay Estimate No. 15 and FINAL, dated January 6, 1997, made payable to J.L. Bertram Construction & Engineering, Inc., in the amount of $112,444.49, for materials furnished and work performed on the referenced project as of November 30, 1996. The quantities and conditions of the project have been verified on -site by your representative, Mr. Fred Durko, as indicated by his signature on the estimate dated December 26, 1996, and we have checked the item extensions and additions. A summary tabulation of the final project status is presented on page no. xx. The total contract amount for this project is $2,290,788.50, (there were no change orders). Contractor earnings total $2,242,429.59, which is $48,358.91 under the contract amount. The following is a breakdown of the savings by construction category: CATEGORY COST SAVINGS Paving $16,637.36 Drainage 19,400.65 Water 7,148.60 Signalization 5.172.30 TOTAL COST SAVINGS $48,358.91 The primary reasons for the cost savings are unused asphalt transition pavement materials, retaining wall concrete, landscaping materials, erosion and sediment control materials, water system appurtenances, pavement buttons and unused contingency funds. The work on Holiday Lane was substantially complete before the scheduled completion date of September 19, 1996. The Browning at Industrial intersection work was delayed until November 15, 1996, due to conflicts with underground fiber optics cable and french drain pipe which were beyond the contractor's control. The two year period of maintenance will begin 1901 CENTRAL DR., SUITE 550 • BEDFORD, TEXAS 76021 •817/283 -6211 • METRO 817/267 -3367 • FAX 817/354 -4389 Page 2, January 8, 1997 Holiday Lane, Section "A2 ", Contractor's Estimate No. 15 and Final on this date, and therefore, will terminate on January 8, 1999. The maintenance obligation includes repair of concrete pavement cracking, and failure of any concrete structures constructed by the contractor, including repair of storm drain pipe or inlet failures, malfunction of signalization equipment and repair of water system malfunctions. After the Contractor has signed an affidavit verifying that all suppliers and subcontractors have been paid, and in the absence of any negative test reports or other problems which may exist concerning the final condition of this project, we recommend that this final partial payment, in the amount of $112,444.49 be made to J.L. Bertram Construction & Engineering, Inc., 1007 Harrison Avenue, Arlington, Texas, 76010. Please call if you have any questions concerning this project. RICHARD W. ALBIN, P.E. - -- RWA /l ld /Enclosures /final.375/ xc: Mr. C.A. Sanford, City Manager Mr. Randy Shiflet, Assistant City Manager Mr. Larry Cunningham, Assistant City Manager Mr. Larry A. Koonce, C.P.A., Director of Finance Mr. Mike Curtis, P.E., Capital Improvements Coordinator Mr. Fred Durko, City Inspector Mr. James G. Humphrey, President J.L. Bertram Page 3, January 8, 1997 Holiday Lane, Section "AT', Contractor's Estimate No. 15 and Final BREAKDOWN THIS MONTH TOTAL EARNINGS (Incl. Retainage) CONTRACT AMOUNT PERCENT COMPLETE HOLIDAY LANE, SECTION "A2" Paving (1 PA -43PA) $50,420.89 $1,008,417.53 $1,036,580.98 97,28 Road Open (1 DB -3DB) 5,000.00 100,000.00 100,000.00 100.00 Signaliz. (1 SA -43SA) - 11,190.69 46,955.17 46,955.16 100.00 Water (1 WA- 14WA) 4,268.57 85,371.40 92,520.00 92.27 SUB - PROJECT TOTALS $48,498.77 $1,240,744.10 $1,276,056.14 97.23 CALLOWAY BRANCH, PHASE III, DRAINAGE Drainage (1 DA -29DA) $36,601.04 $732,020.98 $748,921.63 97.74 SUB - PROJECT TOTALS 536,601.04 $732,020.98 $748,921.63 97,74 INDUSTRIAL PARK BLVD. AT BROWNING DRIVE INTERSECTION Paving (1 P -22P) $12,603.67 $166,706.39 $155,180.30 107.43 Drainage (1D -10D) 1,989.77 39,795.37 42,295.37 94.09 Signaliz. (1S 425) 12,751.24 63,162.75 68,335.05 92.43 SUB- PROJECT TOTALS $27,344.68 $269,664.51 $265,810.72 101.45 PROJECT TOTALS $112,444.49 $2,242,429.59 $2,290,788.50 97.89 TIME (Calendar Days) 432.00 360.00 120.00