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Home My WebLink AboutCC 1998-08-10 Agendas '. { For the Meeting conducted at the North Richland Hills City Hall Pre-COlincil Chambers, 7301 Northeast Loop 820. CITY OF NORTH RICHLAND HILLS 'PRE-COUNCIL AGENDA - AUGUST 10,1998 - 6:55 P.M. .: " NUMBER ITEM ACTION TAKEN . ~1. Discuss Items from Regular August 10 Agenda (5 Minutes) 2. IR 98-155 Town Hall Committee Status (5 Minutes) 3. Other Informational Items (5 Minutes) . 4. *Executive Session (10 Minutes) - The Council may enter into closed executive session to > ___. n.. discuss the following: A. Litigation Under GovernmentCode~ §551 ;071 --_.~._._..-- Martin vs. NRH (U.S. Court of Appeals) ~ 5. Adjournment - 7:20 p.m. *èlosed dûéto subjèct méltter as'provided by the Open Meetk:tgs Law; ff any action is contèmplated, itwill be taken in open session. . POSTED f l-q¡- Date? /} : ::3 ¿, ¡J /}'L Time . /-:D City Secretary Byt:J ~ . . . t ¡ CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA AUGUST 10,1998 For the Regular Meeting conducted at the North Richland Hills City Hall 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 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. Special Presentations 5. Removal of Item(s) from the Consent Agenda - ,-.: . . . e Page 2 NUMBER ITEM ACTION TAKEN 6. Consent Agenda Item(s) a. Minutes of the Pre-Council Meeting July 27, 1998 b. Minutes of the Regular Meeting July 27, 1998 c. GN 98-82 Set Date for Public Hearing on Local Law Enforcement Block Grant d. GN 98-83 Release of Construction Easement (Located on Tract 1 D, Brentwood Estates) - Resolution No. 98-32 e. PW 98-15 Award Bid for the 1998 Miscellaneous Street Subgrade Stabilization Project to Sutton and Associates in the Amount of $83,629 f. PW 98-16 Renewal of Trinity River Authority Annual Contract for Laboratory ,---, Services - Resolution No. 98-33 g. PAY 98-06 Approve Final Pay Estimate No. 10 -- -- in the Amount of $39,261.94 to J.L. Bertram Construction & Engineering, Inc. for Maplewood Avenue Paving Improvements 7. PZ 98-30 Public Hearing to Consider the Request of James Nader for a Special Use Permit for a Self- Service Laundry Facility on Lot 7, Block 1, North Park Estates Addition - Ordinance No. 2323 (Located in the 6400 Block of Rufe Snow) ¡ . . e Page 3 NUMBER ITEM, ACTION TAKEN ( ; 8. PZ 98-33 Public Hearing to Consider the Request of Ralph Schwab for a Zoning Change from Ag - Agriculture to R1 S - Special Single Family on Tracts 8F and 8N1, T.K. Martin Survey, Abstract 1055 - Ordinance No. 2324 (Located at 8713 Stewart Street) 9. GN 98-84 Appointment to Place 7 on the Cable TV Board 10. GN 98-85 Approval of Local Law Enforcement Block Grant Advisory Board - Resolution No. 98-31 11. GN 98-86 Request by Trinity Waste Services for an Increase in Solid Waste Rates Based on the Franchise Agreement - Ordinance No. 2322 12. GN 98-87 Approve Covenant with Thomas Adam Dunn and Kimberly D. Dunn for Lot 6, Block 12, Stonybrooke Addition (7109 Stephanie Court) - Resolution No. 98-34 13. GN 98-88 Approval of DART Municipal Corridor Use License for the ISTEA Cottonbelt Trail 14. (a) Citizens Presentation (b) Information and Reports Page 4 . I I I I NUMBER ITEM ACTION TAKEN . 15. Adjournment . ,- ¡"j:::;;, (.,..,' ¡- 1--.Q[___ __..___ --.--"..--....- . Oar<-' ,!) : :) &; f!J,¡\- .~-_._-'- Time City SecrntMY ~ g ,~ e INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 98-155 ,\ ~ V Date: August 10, 1998 Subject: Town Hall Committee Status I e The Town Hall Committee works directly with the Deputy City Manager, the committee's liaison, in coordinating Town Hall meetings. The committee is charged with the responsibility to make recommendations to the Council and City Staff concerning topics for discussion and times for holding these public discussions. With the creation of the Ad Hoc Committees to address specific area of concern and the lack of other outstanding citizen issues, we are proposing that the Town Hall Committee not schedule a fall public meeting. This has been discussed with the Committee Chairman, Mr. Ross Hood, and he concurs that not hosting a fall meeting is not a problem. The Ad Hoc committees will be addressing the issues that the Mayor and City Council, based on citizen input, have identified as the most critical at this time. In order to ensure proper staff support for the Ad Hoc committees, we feel that the time required of City staff would be better utilized if directed toward support of the Ad Hoc committees. Unless the Council feels that a fall meeting is necessary, one will not be scheduled. e Respectfully submitted I ~e~ Randy Shiflet Deputy City Manager RCS/ld e ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ . Present: . 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 - JULY 27, 1998 - 7:10 P.M. Charles Scoma Don Phifer Lyle E. Welch Russell Mitchell Frank Metts, Jr. JoAnn Johnson Matt Milano Cheryl Cowen Lyman Larry Cunningham Randy Shiflet Ron Ragland Patricia Hutson Rex McEntire Greg Dickens Barry LeBaron Jerry McGlasson Larry Koonce Richard Albin Mayor Mayor Pro Tern Councilman Councilman Councilman Councilwoman Councilman Councilwoman City Manager Deputy City Manager Assistant City Manager City Secretary Attorney Public Works Director Planning/Inspection Director Police Chief Finance Director Knowlton English Flowers ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the meeting to order at 7:10 p.m. DISCUSS ITEMS Agenda Item 6b - Mayor Scoma called the PA TRICIA H. FROM REGULAR Council's attention to two revisions to the July JUL Y 27 AGENDA 13 regular City Council Minutes. 1) Revision of the motion made by Mayor Pro Tern Phifer on page 4, Agenda Item No. 7 to include the wording "the fence fronting Glenview" be masonry. . ., (2) Page 6, top of the page, the following verbiage was added: "Councilman Milano asked Mr. Makens if he would be willing for the City to place a gateway sign on this property. Mr. Makens was agreeable to a city gateway sign being located on the property." e . . e Pre-Council Minutes July 27, 1998 Page 2 ( ITEM DISCUSSION ASSIGNMENT DISCUSS ITEMS Agenda Item 8 - Mayor Scoma advised that NAN FROM REGULAR Ordinance No. 2310 has been revised to JULY 27 AGENDA include: 1) in Section 2 the exception of native (Continued) wildflowers during in-season blooming; 2) Section 3 the addition of the verbiage "or authorized representative"; and 3) several revisions to Section 4, paragraph 1. Agenda Item 6c and 6d - Councilwoman RANDY S./GREG D. Lyman asked that the revision of the school zone hours be publicized. Agenda Item 6e - Councilman Milano NAN questioned whether the street would be concrete or asphalt. Staff explained that the previous Council made the decision for it to be asphalt. This was to cut costs and to allow the County, through an interlocal agreement, to reconstruct the street. Agenda Item No. 11 - Councilman Metts NAN asked who the Interim Review Committee would be. The City Manager advised that it would consist of Mr. LeBaron, Mr. Shiflet, Mr. Ragland, and if needed, a fourth person to be determined by the City Manager's office. Councilman Milano asked if the committee would also address the use of monument signs. The City Manager advised Councilman Milano that he could add a section to the proposed guidelines to encourage monument signs where appropriate. f . . - Pre-Council Minutes July 27, 1998 Page 3 ITEM DISCUSSION ASSIGNMENT OTHER A workshop to discuss 1) issues related to the NAN INFORMATIONAL Capital Improvement Projects and 2) Council ITEMS Budget on travel, planning and scheduling was set for August 11 at 5:30 p.m. Councilman Welch stated that because of the JIM B./RANDY S. restricted watering in the city, the watering at the Soccer Complex needed to be done late at night or early in the morning. ADJOURNMENT Mayor Scoma adjourned the meeting at 7:23 p.m. Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary - . e 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 - JULY 27,1998 -7:30 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order July 27, 1998 at 7:30 p.m. ROLL CALL Present: Charles Scoma Don Phifer Lyle E. Welch Russell Mitchell Frank Metts, Jr. JoAnn Johnson Matt Milano Cheryl Cowen Lyman Mayor Mayor Pro Tern Councilman Councilman Councilman Councilwoman Councilman Councilwoman Staff: Larry Cunningham Randy Shiflet Ron Ragland Patricia Hutson Rex McEntire Greg Dickens City Manager Deputy City Manager Assistant City Manager City Secretary Attorney City Engineer 2. INVOCA TION Councilwoman Johnson gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS A. "YARD OF THE MONTH" AWARDS Mayor Scoma and Ms. Patsy Tucker, Beautification Commission Member, presented the July "Yard of the Month" awards to: Dr. Andrew and Marilyn Kulaga, 4009 Diamond Loch W.; Frank and Brenda Pleasant, 7213 Turner Terrace; Wayne and Marsha Wright, e . e City Council Minutes July 27, 1998 Page 2 8404 Wood creek; Jo and Katy O'Donnell, 7500 Mike; Grover and Dorothy Ratliff, 4821 Weyland; Joe Bill and Beverly Fox, 6941 Precinct Line Road; Johnnie and Betty Crumpler, 7820 Hidden Oaks; and Bill and Winona Tooley, 7924 Londonderry. B. "LANDSCAPE OF THE MONTH" AWARDS Quinton's Crossing, 6901 Northeast Loop 820, received the "Landscape of the Month" award for July. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. CONSENTAGENDAITEM(~ APPROVED A. MINUTES OF THE PRE-COUNCIL MEETING JULY 13, 1998 B. MINUTES OF THE REGULAR MEETING JULY 13, 1998 C. GN 98-78 REVISION OF SCHOOL ZONE HOURS FOR DISMISSAL AT BISD ELEMENTARY SCHOOLS - ORDINANCE NO. 2319 D. REVISION OF SCHOOL ZONE HOURS FOR DISMISSAL AT FORT WORTH CHRISTIAN SCHOOL - ORDINANCE NO. 2320 E. APPROVE INTERLOCAL AGREEMENT WITH TARRANT COUNTY FOR RUMFIELD ROAD, PHASE II PAVING AND DRAINAGE IMPROVEMENTS - RESOLUTION NO. 98-30 F. APPROVE FINAL PAY ESTIMATE NO. 81N THE AMOUNT OF $15,485.85 TO EARTH BUILDERS, INC. FOR TEAKWOOD COURT DRAINAGE IMPROVEMENTS, PHASE II Councilwoman Johnson moved, seconded by Councilwoman Lyman, to approve the Consent Agenda with the revisions to the regular minutes as presented in the Pre- Council meeting. e . e City Council Minutes July 27, 1998 Page 3 Motion carried 7-0. 7. PZ 98-28 PUBLIC HEARING TO CONSIDER THE REQUEST OF RICHARD SHAW FOR A TIME EXTENSION ON PLANNED DEVELOPMENT NO. 23 - ORDINANCE NO. 2317 APPROVED Mayor Scoma opened the Public Hearing and called for anyone wishing to speak in favor of the request to come forward. Mr. Richard Shaw, applicant, appeared before the Council and requested a 90 day time extension for Phase 1 and an 18 month extension for Phase II on Planned Development No. 23. Mayor Scoma called for anyone wishing to speak in opposition to come forward. There being no one else wishing to speak, Mayor Scoma closed the Public Hearing. Councilwoman Lyman moved, seconded by Mayor Pro Tern Phifer, to pass Ordinance No. 2317 allowing for a 90-day extension for Phase I and an 18 month extension for Phase lion Planned Development No. 23. Motion carried 7-0. 8. GN 98-76 CONTROL OF GRASS AND WEEDS - ORDINANCE NO. 2310 APPROVED Mr. LeBaron recapped the four major changes to the grass and weed ordinance. A revised ordinance was distributed to the Council earlier in the Pre-Council meeting. The revisions consisted of excepting native wildflowers during in-season blooming, adding to Section 3 "or authorized representative," and several revisions in Section 4, first paragraph. After Council discussion, Councilwoman Johnson moved, seconded by Councilman Metts, to pass Ordinance No. 2310 as revised. e . - City Council Minutes July 27,1998 Page 4 Attorney McEntire suggested that the Council consider further revising the ordinance to require that a permit be obtained to allow native wildflowers during blooming season, at no charge. The permit would be issued for specific periods of time. Councilwoman Johnson amended her motion to include that an exception is to be made for the owner of a written permit to exhibit wildflowers; such permit will be issued by the Inspection Department, without charge. The permit shall be limited to the blooming season of the specific wildflower named in the permit. Councilman Metts amended his second. Amended motion carried 7-0. 9. GN 98-77 REDUCE SPEED LIMIT ON NORTH TARRANT PARKWAY- ORDINANCE NO. 2318 APPROVED Councilman Mitchell moved, seconded by Councilwoman Lyman, to pass Ordinance No. 2318. Motion carried 7-0. 10. GN 98-80 APPROVE "NO PARKING, STOPPING, STANDING ANYTIME" ZONE FOR THE 7800-7900 BLOCKS OF SMITHFIELD ROAD - ORDINANCE NO. 2321 APPROVED Councilwoman Lyman moved, seconded by Mayor Pro Tern Phifer, to approve Ordinance No. 2321. Councilman Mitchell requested that the motion be amended to include the 7600 blocks through the 7900 blocks. Councilwoman Lyman amended her motion to include the 7600 - 7900 blocks of Smithfield Road. Mayor Pro Tern Phifer amended his second. Amended motion carried 7-0. e . e City Council Minutes July 27, 1998 Page 5 11. GN 98-81 CREATION OF STAFF INTERIM REVIEW COMMITTEE- RESOLUTION NO. 98-29 APPROVED Mayor Scoma explained the purpose of the Staff Interim Review Committee. Councilman Milano moved, seconded by Councilwoman Lyman, to approve Resolution No. 98-29 with an addition of a Section 3 to the Proposed Landscaping and Sign Guidelines for the Interim Review Committee. The additional section is to include language to encourage the use of monument signs wherever possible. Motion carried 7-0. 12. (A) CITIZENS PRESENTATION Mr. Jeff Paul, 5125 Colorado Boulevard, spoke to the Council about his request to place speed humps on Colorado Boulevard. He also addressed the Council about a previous request to close Colorado Boulevard. He advised that in 1992 the Fire Chief did not have a problem with closing Colorado Boulevard, but that in 1997 both the Fire and Police Chief had a problem with the closing of Colorado Boulevard. He questioned why in 1992 it was ok to close Colorado Boulevard, but it was not ok in 1997. Mayor Scoma advised Mr. Paul that the Council could not deliberate the issue. Mr. Paul was advised he could discuss this on an individual basis with a member of the Councilor staff, or he could request that it be placed back on an agenda for discussion. Mr. Paul was going to discuss this with Councilwoman Johnson after the meeting. (B) INFORMATION AND REPORTS Mayor Scoma advised that on July 28 from 9:00 a.m. to 10:00 a.m. "Good Morning Texas" on Channel 8 will be televising from NRH20. Mayor Scoma advised that the City had completed four street overlay projects: Odell, Terry Drive, Circle Drive and Acts Court. The City would be letting contracts for 1998 miscellaneous street subgrade projects which would include Winnell Way, Timber Drive and Keeter. The City Manager gave a briefing on the outdoor watering restrictions. He advised that Fort Worth planned to lift the ban on August 2 unless something further occurs to the water system. . . e City Council Minutes July 27, 1998 Page 6 1. THIRD QUARTER 1997-98 POLICE STATISTICAL REPORT Police Chief McGlasson presented the 1997-98 Police Statistical Report for the third quarter. 13. ADJOURNMENT Mayor Scoma adjourned the meeting at 8:38 p.m. Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS Department: Police Department Set Date for Public Hearing on Local Law Subject: Enforcement Block Grant Council Meeting Date: 08/10/98 Agenda Number: GN 98 - 82 On July 13, 1998 the City Council approved the City's Local Law Enforcement Block Grant application for the partial funding of two vehicles for the Criminal Investigations Division. The Grant application has been submitted and is in the approval process in the amount of $39,873. One of the requirements of the Grant is a public hearing regarding the proposed use of the payment under the Local Law Enforcement Grant Program. Recommendation: Set the public hearing date for the Local Law Enforcement Block Grant for September 21, 1998. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Oth I Acct. Number Sufficient Funds Available Finance Director Page 1 of CITY OF NORTH RICHLAND HILLS . Department: Public Works Subject: Release of Construction Easement (located on Tract 1 D, Brentwood Estates) Resolution No. 98-32 Council Meeting Date: 8/10/98 Agenda Number: GN 98-83 The City of North Richland Hills completed construction of the Davis Boulevard Elevated Water Storage Tank in 1983. The tank is located just northwest of the intersection of Davis Boulevard and Shady Grove Road. As part of the project, the City acquired a Construction Easement from Mr. John Barfield's adjacent property, Tract 1 D, Brentwood Estates (5.16 acres) in order to have a working area to build the tank. The language in this Construction Easement did not provide for an expiration date of the easement following completion of the tank construction. The property from which the Construction Easement was granted is now being sold. The title company handling the sale is requesting that the easement be released. The City has no further use for the Construction Easement. Recommendation: To pass Resolution No. 98-32, authorizing the Mayor to execute the release of the Construction Easement. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Avallaole Finance Director Ckr / ~~ _1J ll:; anager Si a re Page 1 of _ . . . RESOLUTION NO. 98-32 WHEREAS, the City of North Rich/and Hills, Texas is the owner of a Construction Easement acquired from John Barfield on September 11, 1982 and recorded in Volume 7359, Page 2082, Deed Records of Tarrant County, Texas; and WHEREAS, this Construction Easement is over, under and through Tract 1 D, Brentwood Estates and was used to build the Davis Boulevard Water Storage Tank; and. WHEREAS, the Davis Boulevard Water Storage Tank is completed and the City Council of the City of North Richland Hills finds that is has no further need for the Construction Easement rights it acquired over said Tract 1 D, Brentwood Estates; and WHEREAS, John Barfield owner of said Tract 1 D, Brentwood Estates, has requested release of the Construction Easement; and 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 execute the Release of Construction Easement in favor of the owner of Tract 1 D, Brentwood Estates in the City of North Richland Hills, Tarrant County, Texas, a copy of which is attached hereto as Exhibit "A" as the act and deed of the City. PASSED AND APPROVED this the 10th day of August, 1998. APPROVED: ATTEST: Charles Scoma, Mayor Patricia Hutson, City Secretary APPROVED TO FORM AND LEGALITY: Rex McEntire, Attorney for the City I ublic Works Director . . . STATE OF TEXAS RELEASE OF EASEMENT COUNTY OF TARRANT WHEREAS, the City acquired a Construction Easement in 1982 over Tract 1 D, Brentwood Estates; and WHEREAS, the City has no further need for said easement. NOW THEREFORE, the City of North Richland Hills, Texas does hereby forever release to the owner of Tract 1 D, Brentwood Estates, North Richland Hills, Tarrant County, Texas all rights it owns by virtue of that Construction Easement recorded in Volume 7359, Page 2082, Deed Records of Tarrant County, Texas. Signed this the _ day of ,1998. City of North Richland Hils, Texas By: Charles Scoma, Mayor STATE OF TEXAS COUNTY OF TARRANT Acknowledged before me by Charles Scoma, Mayor, this ,1998. day of Notary Public, State of Texas My Commission Expires: Notary's Printed Name: .- ~ r d i l . I I 1 I ¡ I j ð I * ~ i r . t ¡ ~ r f ¡ ¡ I ,.. '.>0 Þ<: '" 1().. '" '0 TR 10(1 3.113 At: "',0( 3.227 AC TJt 1OC2 1.!J2 AI: TR 1001 1.Je' 0 !i '" 'OCJ I I 1.&0 N:. ""oc 1.52 AC 2 ..¡ -1 . ª TR 1OC1 ',6< þ<: 1 !! no.cr ~ 1'.$71 AC no.cr .... 15.oa AC no.cr ...., $.4.40 N; no.cr "" 12.44 AC no.cr J8 27." AC cØP 7 . """''. . ) ,--- "'.. $.aoe Þl:. ;, no.cr '" 14.0& AC TII18 2.~ AC '" . 1.1 a.c TIIOC 2,>OJ þ<: TIII£ 2.a' AC "'00 3.432 At; ------- ------- ..------ ------ - - I~Þ<: ~~ no.cr .. J.41J. ItC. ~) --- TIII£ J.' Þ<: ~! TII ICJ 1.' . I I " I I I I I " I II '\ ( , \jJ ¡-, , ) '-.- TR ec 1.78 AC TIt OC2 1.17 . '" OC.>A ".n" 0 '" ec. 1.806 0 "'ec 1.1'4 0 I; !: '. CITY OF NORTH RICHLAND HILLS . Department: Finance / Public Works Council Meeting Date: 8/10/98 Subject: Award Bid for the 1998 Miscellaneous Street Subgrade Agenda Number: PW 98-15 Stabilization Project to Sutton & Associates in the Amount of $83,629 On December 22,1997, Council approved the 1997/98 Street Overlay Program (PW 97- 26). The 1998 Miscellaneous Street Subgrade Stabilization Project is included as part of the program. Formal bids were solicited for this project to include the following streets: Winnell Way Holiday Lane to Cummings Drive Keeter Drive Glenview Drive to Dead End Timber Drive Davis Boulevard to Dead End The specifications requested bids for street excavation with lime stabilization. The results are outlined below. Base Bid Calendar Days Bid Sutton and Associates $83,269 $91,291 60 Brock Paving Industries 45 Staff contacted the contractors that picked up bid packages and did not bid in order to determine why only two bids were received. The responses we received are attached. Sutton and Associates was awarded the project last year and completed all work within budget and the calendar days bid. They met all the specifications and general conditions of the bid. Recommendation: To award the bid for the 1998 Miscellaneous Street Subgrade Stabilization Project to Sutton and Associates in the amount of $83,269. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 315-6003-603.43-45 Sufficient Funds Available Cla1fYV} .~ Finance Director / (¿ , , Page 1 of , . · 1998 MISCELLANEOUS STREET SUB-GRADE STABILIZATION BID NO. 98-811 BIDDER AMOUNTS DAYS TO COMPLETE 1. SUTTON & ASSOCIATES $83,269 60 2. BROCK PAVING INDUSTRIES $91,291 45 Advertised in The Star Telegram July 1 st, July 17th Mailed 9 Notice to Bidders including Texas Contractor Plan Room and Wid ley & Siddons Plan Room The following companies requested bid packages and did not submit a bid: 1. APAC Texas - No response 2. Ed A. Wilson Inc, - Too busy, overworked 3. Pavement Recycling Systems - Works as a subcontractor · 4. SYB Construction Co., Inc. - Was looking for paving work; this project is just for stabilization work 5. Affordable Concrete & Asphalt - No response 6. Jackson Construction - They do not work on this type of project. · CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 8/10/98 Subject: Renewal of Trinity River Authority Annual Contract Agenda Number: PW 98-16 for Laboratory Services - Resolution No. 98-33 This is the standard contract we sign each year with the Trinity River Authority (TRA) for the purpose of laboratory testing of water and wastewater samples. This contract is to be effective from October 1, 1998 to September 30, 1999. In comparing the proposed fees for next year to the current laboratory fees, 44 tests remained the same, 1 decreased, and the remaining 49 tests averaged a 3.7% increase. The increases were proposed due to an increase in materials, supplies, equipment and personnel costs associated with these tests. A comparison of the current and proposed costs for the tests which we have TRA run for us most often are listed below. Proposed 1998/99 Fee Current Fee Coliform, Total (MMO/MUG) Oil & Grease Biochemical Oxygen Demand (BODs) Total Suspended Solids (TSS) $9.30 $32.40 $18.80 $9.60 $9.20 $32.40 $18.80 $9.60 The funding for this testing has been included in the Utility Operating Budget for 1998/99. Recommendation: To pass Resolution No. 98-33. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds Avallaore Finance Director ~ /t:v. · ~itMa~ Page 1 of _ . RESOLUTION NO. 98-33 Be it resolved by the City Council of the City of North Richland Hills, Texas, that: 1. The City Council approves the attached contract for laboratory services with the Trinity River Authority for fiscal year 1998/99 in an amount not to exceed $20,000 and hereby authorizes the City Manager to execute the agreement on behalf of the City of North Richland Hills. PASSED AND APPROVED this the 10th day of August, 1998. APPROVED: . ATTEST: Charles Scoma, Mayor . Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City CONTRACT FOR TECHNICAL SERVICES . I. CONTRACTING PARTIES The Receivinq Aqency: authorized address is , whose The Performing Agency: Trinity River Authority of Texas. whose authorized address is 5300 South Collins. P. O. Box 240, Arlington. Texas 76010, Attention: Danny F. Vance. General Manager (or his designated representative). II. STATEMENT OF SERVICES TO BE PERFORMED In order to discharge the responsibilities associated with the enforcement of Federal, State, and City regulations, the Receiving Agency requires services of a laboratory qualified to perform water and wastewater analysis. and of personnel to conduct industrial inspection and/or sampling services, such services detailed in Section A. SubsectionCs) 3 . below. A. PERFORMANCE OF SERVICES . 1. Industrial InsDection Services In keeping with the foregoing. the Receiving Agency employs the Performing Agency and the Performing Agency agrees to perform industrial inspection services within the parameters listed on the attached schedule sheet. The Performing Agency (Trinity River Authority of Texas) shall perform all Industrial Pretreatment Inspections. review permit applications and prepare for submittal Permits to Discharqe Industrial Wastes to the Sanitary Sewer in accordance with procedures established by the Trinity River Authority of Texas in accordance with 40 CFR Part 403.8. Industrial Pretreatment Inspections. Application reviews and Permit preparations and submittals shall be in compliance with the Receiving Agency's Industrial Waste Ordinances. Sewer Ordinances Numbers 1'113 "¡-,381 and EPA General Pretreatment Regulations for Existing and New Sources. Records of Inspections, Applications and Permits shall be maintained as required by EPA General Pretreatment Regulations. 40 CFR Part 403.12. 2. Industrial SamDlinq Services In keeping with the foregoing, the Receiving Agency employs the Performing Agency and the Performing Agency agrees to perform industrial sampling services within the parameters listed on the attached schedule sheet and in accordance with the Receiving Agency's Indu~triaJ JNaste Ordinances and Sewer Ordinances Numbers 1'1'7.:.J + 3Y} . . . The Performing Agency (Trinity River Authority of Texas) shall perform all sample collections. sample preservation, and maintenance of chain-of-custody records in accordance to the approved procedures set forth in Test Methods for Evaluatinq Solid Waste. EPA Manual SW-846. Methods for Chemical Analysis of Water and Wastes, EPA Manual EPA-600/4-79-020. and the Handbook for SamDlinq and SamDle Preservation of Water and Wastewater. EPA Manual EPA-600/4-82-029. The samples shall be properly collected, preserved and delivered by the Performing Agency to the Performing Agency's laboratory located at 6500 West Singleton Blvd., Dallas, Texas. When feasible flow or time composited sampling will be conducted. When composited sampling is not feasible, grab sampling will be appropriate. 3. Analytical Services In keeping with the foregoing, the Receiving Agency employs the Performing Agency and the Performing Agency agrees to perform analytical services within the parameters listed on the attached schedule sheet. The Receiving Agency will collect samples and deliver them to the laboratory for analysis. It is understood that these samples will be properly collected and preserved in accordance with applicable sections of A Practical Guide to Water Quality Studies of Streams, Federal Water Pollution Control Administration publication and Methods for'Chemical AnalYSis for Water and Wastes. EPA manual, as well as the latest edition of Standard Methods for the Examination of Water and Wastewater. A chain-of-custody procedure shall be maintained in the field and the laboratory in accordance with procedures to be established by the Receiving Agency. The Receiving Agency will furnish chain-of-custody tags. The Performing Agency (Trinity River Authority of Texas) will perform all analyses according to the approved procedures set forth in Standard Methods for the Examination of Water and Wastewater, current edition or the latest edition of Methods for Chemical Analysis of Water and Wastes, EPA manual. Samples will be analyzed by these methods on the production basis. to include appropriate analytical quality assurance procedures. Records will be kept for documentation of the Performing Agency's quality assurance program and copies will be available to the Receiving Agency upon request. Unusual interferences and problems will be reported to the Receiving Agency at its authorized address noted above, Research into specific techniques to overcome these difficulties will be undertaken when practical, and by mutual agreement. The sample information sheet submitted with each sample will designate the particular analysis or analyses to be made of each sample submitted, The laboratories will be operated in such a manner as to insure the legal sufficiency of the sample handling: analytical and reporting procedures: and to remedy effects in the procedures should such be discovered. . . . The various laboratory personnel shall be directed upon receipt of written notice from the Receiving Agency 72 hours in advance, to appear and testify in enforcement actions. In such event, travel and per diem expenses for such employees shall be paid by the Receiving Agency. Travel and per diem for court appearances hereunder shall be based on current State laws. Receiving Agency may deliver to Performing Agency samples for analysis separate and apart from those samples collected by the Performing Agency. When the Receiving Agency delivers samples to the Performing Agency for analysis. the Receiving Agency shall indicate the nature and extent of the analyses it desires to be conducted. Performing Agency shall not be responsible for the manner of collection or chain-of-custody tags or sheets which are matters entirely outside Performing Agency's control. Performing Agency shall receive, log and perform such analyses of samples in accordance with that part of the chain-of-custody procedures identified as Transfer of Custody and Shipment attached hereto. Samples analyzed to maintain the normal quality assurance program which the Performing Agency presently maintains in its laboratory will be charged to the Receiving Agency at the same rate as submitted samples. B. TERMINATION . Either party to this Contract may terminate the Contract by giving the other party thirty (30) days notice in writing at their authorized address as noted previously. Upon delivery of such notice by either party to the other and before expiration of the thirty (30) day period. the Performing Agency will proceed promptly to cancel all existing orders. contracts. and obligations which are chargeable to this Contract. As soon as practicable after notice of termination is given, the Performing Agency will submit a voucher for work performed under this Contract through its termination. The Receiving Agency will pay the Performing Agency for the work performed less all prior payments. Copies of all completed or partially completed reports. documents. and studies prepared under this Contract will be delivered by the Performing Agency to the Receiving Agency when and if this Contract is terminated prior to the completion of the prescribed work. C. AMENDING THE CONTRACT The parties hereto without invalidating this Contract may alter or amend this Contract upon advance written agreement of both parties to exclude work being performed or to include additional work to be performed and to adjust the consideration to be paid hereunder by virtue of alterations or amendments. . . . . III. BASIS FOR CALCULATING REIMBURSABLE COSTS The financial basis for calculating reimbursable costs shall be as stated in Attachment A, said "Attachment A" shall be revised and updated annually. A cost analysis shall be prepared each year by the Trinity River Authority of Texas and shall be approved by the Trinity River Authority Board of Directors prior to effective date of said revision. The expenditures by the Trinity River Authority of Texas of funds paid to it under this Contract shall be subject to such State or Federal audit procedures as may be required by law and by accepted practices of the State or Federal auditor. or both. if requested. The Trinity River Authority of Texas shall be responsible for maintaining books of account that clearly, accurately and currently reflect financial transactions, The financial records must include all documents supporting entries on the account records which substantiate costs, The Trinity River Authority of Texas must keep the records readily available for examination for a period of three (3) years after the close of the last expenditure. Reimbursement for the inspection. sampling. and/or analytical costs, and d cost for any travel .a£51d per diem expenses shall not exceedíliJrnl-l! 71"[;(/(;£11 dollars ($c9.0,OCQ, ~ ) for the period of this Contract. , IV. CONTRACT AMOUNT The tota 1 amount OÂ(}thi s Contract sha 11 not exc~ed JJom~v Tf)(Jl/~/r;' dollars (j!),(Jrf[),(;0 ) nor be less than Vtlf::BL1l_tf!. __ Jollars ($(CC.0:! ) .J per annum, unless mutually agreed by the parties hereto. V. PAYMENT FOR SERVICES The Performing Agency shall bill the Receiving Agency monthly for services performed. Charges for these services shall be based on the attached cost schedules. The Receiving Agency shall pay the monthly billings of the Performing Agency within thirty (30) days of their receipt. VI. TERM OF CONTRACT Thi s Contract i s ¿O~yiD n Ocld:2~ ~ II (qq t , -1q-: and shall terminate - Pprq))Uéf'ðX)tl l¡<-:1Fg:"_, subject to Section II. paragraph B of this contract. . . . VIr. INTERLOCAL AGREEMENT Inasmuch as the Receiving Agency and the Performing Agency are political subdivisions of this state. and inasmuch as the testing of water and wastewater are critical to the maintenance of public health and such testing is therefore, a governmental function and service. this contract shall be deemed authorized by the Interlocal Cooperation Act, art. 4413(32c). Tex. Rev. Civ. Stat. Receiving Agency: Performing Agency: CITY OF TRINITY RIVER AUTHORITY OF TEXAS BY: BY: TITLE: GENERAL MANAGER DATE: DATE: ArrEST: (S EAU ArrEST: (SEAL) CHAIN-OF-CUSTODY PROCEDURES 4IÞ Sample Collect~on 1. To the maximum extent achievable. as few people as possible should handle a sample. 2. Stream and effluent samples should be obtained using standard field sampling techniques and preservation procedures. 3. Chain-of-Custody tags or sheets should be attached to each sample at the time it is collected. The tag or sheet contains basically laboratory (requested parameters) information; however. certain identifying items including City, City Code. Type Sample. Material Sampled, and Method of Preservation must be completed by the field personnel collecting the sample. In completing the Chain-of-Custody tag or sheet, care should be utilized to insure that all necessary information is correctly and legibly entered onto the form. A black ballpoint with water proof ink should be used at all times. . 4IÞ Transfer of Custody and Shipment 1. All samples should be handled by the minimum possible number of persons. 2. All incoming samples shall be received by the custodian. or his alternate. and logged into a record book (log book). Information to be entered into the Log Book shall include the sample number. date received. source. time(s) sampled. date(s) sampled. and analyses requested. 3. Promptly after logging. the custodian will distribute the sample to an analyst or place the sample in the sample room. which will be locked at all times except when samples are removed or replaced by analysts. 4, The custodian shall ensure that heat-sensitive samples, or other sample materials having unusual physical characteristics. or requiring special handling, are properly stored and maintained. 5, Samples shall be kept in the sample storage security area at all times when not actually being used by analysts. such as during overnight absences. 6. The analysis sheet will be signed and dated by the person performing the tests and retained as a permanent record in the laboratory. 7. Test results shall be sent by the laboratory to the appropriate Receiving Agency control point. . . Trinity River Authority of Texas . Central Regional Wastewater System TECHNICAL SERVICES FEE SCHEDULE FOR LABORATORY ANALYSES INDUSTRIAL INSPECTIONS AND INDUSTRIAL SAMPLING FISCAL YEAR 1999 December 1. 1998 through November 30. 1999 6500 W. Singleton Blvd, Dallas. Texas 75212 Metro (972) 263-2251 Admin Fax: (972) 264-1382 Lab Fax (972) 262-0619 ATTACHMENT A 1m @ RecYCled Paper CHEMICAL ANALYSES . WATER Alkalinity. Total Alkalinity. Phenolphthalein Bi carbonate Carbonate Biochemical Oxygen Demand (BOOS) Biochemical Oxygen Demand (C-B005) Biochemical Oxygen Demand (C-B0020) Biochemical Oxygen Demand (B0020) Biochemical Oxygen Demand (BOO.7) Chemical Oxygen Demand Chloride Chromium Hexavalent Chromium Hexavalent - Low Level Conductance. Specific Conductance. Diluted Cyanide Cyanide (Amendable to Chlorination) Fluoride. Dissolved Fluoride. Total Glycols Hardness Ignitability (Pensky-Hartens) Nitrogen: Anrronia Kjeldahl. Total Nitrate Nitrite Organic Oil and Grease . ICP/AA HETAL ANALYSES (TOTAL2 $10,00 EACH Ant i lOOny Barium Beryll ium Cadmium Chromium Coba It Copper Iron Lead Hanganese Holybdenum Nickel Silver Tellurium Thall ium Tin Uranium Vanadium Zinc $8,10 EACH (DISSOLVED) Aluminum Boron Calcium Hagnesium Potassium Silica Sodium $17.80 EACH Arsenic Selenium Lead - Low Level Copper . Low Level Cadmium . Low Level Thallium· Low Level ..45 EACH Hercury S 7.05 S 6.85 S 9.20 S 9.20 S 18.80 S 19.25 S 18.80 S 18.80 S 18.80 S 9.50 S 7.00 $ 14.30 S 18.25 S 5.55 $ 9.40 S 37.80 S 44.00 S 10.75 S 10.30 S 8.80 $ 10.45 S 45.25 pH pH Sediment Phenols: High Level Low Level Phosphorus: Ortho Total Solids: Total (TS) Total Dissolved(TDS) Total Suspended(TSS) Volatile Suspended (VSS) After TSS Sul fate Sulfide Surfactants . HaAS Total Petroleum Hydrocarbons Total Organic Carbon Turbidity SED I HE/-(T S 8.15 S 14.15 $ 8.00 $ 8.00 $ 30.90 $ 32.40 Chemical Oxygen Demand Cyanide Nitrogen. Kjeldahl. Total Oil and Grease Phosphorus. Total Solids. Total Volatile Total Petroleum Hydrocarbons PRIORITY POLLUTANT HETAlS $151.05 TOTAL AntilOOny Arsenic Beryllium Cadmium Chromium Copper Lead Mercury Nickel Selenium S i 1 ver Thall ium Zinc SAMPLE PREPARATION Sediment and Oils TCLP Toxicity Leachate $ 16.50 $105.00 $ 4.75 S 8.15 S 42.00 $ 68.40 S 8.00 S 12.65 S 6.95 S 11. 75 S 9.60 S 5.30 S 17.60 S 8.70 S 34.90 S 58.60 S 11. 75 S 5.80 S 25.00 S 39.60 S 18.00 S 27.20 S 14.85 $ 11. 40 S 51. 80 ADD for Special Treatment/Per $ 22.90 Sample (Sediment. Oil) ADO for Special Treatment/Per Sample $ 105.00 (TCLP Toxicity Leachate) GAS CHROMATIXJRAPHY ANALYSES PRIORITY POLLUTANTS (GC/MS) PESTICIDES/PCB'S eOlatiles ase Neutrals Acid Extractables $ 125.00 $ 248.50 $ 248.50 Chlorinated HYdrocarbons. Organophosphate Pesticides. and Polychlorinated Biphenyls (Sample preparation. extraction. and clean-up per sample) ADD for Chlorinated Hydrocarbon Pesticides 608 (Confirmation and quantification per sample) ADD for Organophosphate Pesticide (Confirmation and quantification per sample) ADD for POlychlorinated Biphenyls (PCB) . Water (Confirmation and quantification per sample) ADD for PCB - Oil (Confirmation and quantification per sample) ORGANIC DETERMINATION (GC) Hydrocarbon/Solvents General Hydrocarbon/Solvent Scan (VOA) (One Column); *Five or less components: including quantification Volatile Organic Constituents (EPA regulated . method 601/602) *ADD fifteen.dollars ($15) for each extra Component scanned and quantified $ 105.00 $ 75. 60 TRIHALOHETHANES Trihalomethanes $ 48.40 HERBICIDES SAMPLE PREPARATION Chlorinated Phenoxy Acid Herbicides (Confirmed and quanti fi ed) $ 115.00 . SPEClAL ANALYSES rCLP/EP TOXIClTY PRlORITY POlLUTANTS Leachate Extraction Procedure $ 105.00 Metals: Arsenic. Barium. Cadmium Chromium, Lead. Mercury. Selenium Silver $ 101.05 Organics: Endrin: Lindane; Methoxychlor; Toxaphene: 2. 4. D; 2. 4. 5- TP Silvex $ 299.10 Cyanides Metals MlCROBIOLIXJICAL ANAlYSES $ 128.00 $ 62.25 $ 63.75 $ 67.80 $ 43.20 $ 37.80 $ 151. 05 Chlorophyll "a' $ 9.90 Chlorophyll "a" and Pheophytin "a" $ 9.90 Coliform. Fecal (MF) $ 9.85 Coliform. Fecals (MPN) $ 66.60 Coliform. Total (MF) $ 9.70 Coliforms. Total (MPN) $ 22.00 Coliforms. Total (HMO/MUG) $ 9.30 Microscopic General Examination $ 12.90 Microtox. Bacterial Bioassay $ 45.65 StreptococCUi. Fecal (MF) $ 10.20 Heterotrophi c Pl ate Count $ 10.10 TOXlCITY TESTING .'c. ç. dubia (3 Brood) . Call for Quotation ·c. f· promelas (Fathead Minnow - 7 Day) . Call for Quotation Acute. ç. dubia - Call for Quotation Acute. Q. pulex - Call for Quotation Acute. f· promelas (Fathead Minnow) - Call for Quotation INDUSTRIAl PRETREATMENT SERVICES INDUSTRIAL SAMPLING INDUSTRIAL INSPECTION . Composite Sample Additional Composite Sample Grab Sample Additional Grab Sample S 75.00 S 25.00 S 35.00 S 10.00 Inspection/On Site S 70.00 , Permit Preparation $150.00 . Installation of Automatic Composite Samplers . Grab Sampling - Delivery to TRA Laboratory Field Testing Available Sample Preservation Proper Chain of Custody · Permit Application Review · Verification of Application Data · Consultation with Industries on Industrial PretreatlRellt · Chemical Inventory Review GENERAl SERVICE INFORMATION 1. Effective Date: December 1. 1998. all prices listed are per samplecmd subject to review. 2. All analyses are run in accordance with "Standard Hethods for the Examination of Water and Wastewater. - 18th Edition. 1992 and/or EPA "Manual of Methods for Chemical Analysis of Water and Wastes. - 1983 and the 3rd Edition of Solid Waste Manual SW 846. 3. The prices effective December 1. 1996 include a 10 t charge added to the analyses cost to maintain the normal Quality assurance program. 4. Customer required priority laboratory samples completed and reported within 50t of the normal time will be billed at one and one'half times the routine rate. Emergency samples run immediately or ASAP will be billed at two times the routine rate. 5. Sample preparations. if required. are charged additionally as listed. 6. Sample containers. preservatives. and supplies will be provided upon request at a reasonable charge. Bacte. ~ riological sampling supplies are included in the cost of the analyses. 7. Samples* should be delivered to the laboratory before 4:00 p.m. on weekdays. Samples cannot be accepted on weekends or holidays unless special arrangements are made in advance. *(Bacteriologica1 samples should be delivered prior to 2:00 p.m. unless special arrangements are made in advance. After-hour samples may be left in cold storage vault with analyses request form,) 9. Laboratory hours are weekdays 7:00 a.m. to 4:30 p.m. and weekends 6:00 a.m. to 2:00 p.m. 8. Billing statements for completed monthly analyses are mailed by the 15th of the following month. 10. Environmental Field. Engineering Field and Pretreatment Services office hours are Monday through Friday. 8:00 a.m. to 5:00 p.m. For after'hour emergencies. leave message with computer operator. 11. Environmental Field and Engineering Field Services are requested to be scheduled a minimum of 72 hours in advance. FOR HORE INFORMATION. CONTACT: METRO: (972) 263.2251 FAX: (972) 262.0619 William B. Cyrus Manager. Technical Services Cathy Henderson Laboratory Division Chief Cynthia Belvin Pretreatment Coordinator John Herndon. P.E. Environmental Services Coord. Kimberly Brown. Quality Assurance Coordinator . Hark Orbed Technical Services Engineer CITY OF NORTH RICHLAND HILLS . Department: Public Works Council Meeting Date: 8/10/98 Subject: Approve Final Pay Estimate No. 10 in the amount of Agenda Number: PAY 98-06 $39,261.94 to J.L. Bertram Construction & Engineering, Inc. for Maplewood Avenue Paving Improvements This CIP project was awarded by Council on 8/25/97, PW 97-19, to J.L. Bertram Construction & Engineering, Inc. for $776,658.02. Final payment will make the contractor's total earnings on the project $785,238.73, which is $8,580.71 over the construction contract amount. The reason for the extra cost is a result of additional paving quantities associated with concrete and asphalt driveway, parking lot extensions, and asphalt side-street transition pavement extensions. Also, in a joint effort during the construction to dry the subgrade so street concrete pavement could be poured last winter, the City paid material cost for dry lime and the contractor installed it at no cost. This was an unexpected additional cost, but allowed the contractor to get the initial pavement finished so the traffic would have an all-weather surface to drive on. The total construction budget for this project is $808,000, as identified in the 1997/98 Capital Projects Budget. Sufficient funds are available to cover the additional paving cost. The contractor substantially completed this project before the contract completion date of April 13, 1998, with appropriate time extensions for approved weather delays. The project is now totally complete with all final adjustments having been made. . Recommendation: To approve final payment to J.L. Bertram Construè.tiori & Engineering, Inc. in the amount of $39,261.94. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~c::? - Account Number 20-02-03-6000 Sufficient Funds AvallaDle rk1/~'1/~ '~~ture Finance Director Page 1 of _ . . 'f. ,....f" IP;¡ 71" KNOWl TON-E NGlISH-FlOWERS', lNC.-'P ,/II! 2 0 ~99(~ CONSUL TING ENGINEERS I Fort Worth- Dallas July 28, 1998 Mr. Gregory W. Dickens, P.E. Public Works Director City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-383, CITY OF NORTH RICHLAND HILLS, MAPLEWOOD A VENUE, CONTRACTOR'S ESTIMATE NO. 10 & FINAL Enclosed is one copy of contractor's Partial Pay Estimate No.1 0 and Final, dated July 29, 1998, made payable to J.L. Bertram Construction & Engineering, Inc., in the amount of $39,261.94 for materials furnished and work perfonned on the referenced project as of June 30, 1998. . The quantities and conditions of the project have been verified on-site by your representative, Mr. Scott Walker, who signed the contractor's pay request fonn on July 16, 1998, and we have checked the item extensions and additions. The following is a tabular summary of the final project status: Category Estimate Total Contract Percent No. 10 - Final Earnings Amount Complete Paving $31,312.44 $626,248.82 $613,674.46 102.0% Water $7,949.50 $158,989.91 $162,983.56 97.5% Totals $39,261.94 $785,238.73 $776,658.02 101.1% Contractor earnings total $785,238.73, which is $8,580.71 over the construction contract amount of $776,658.02, but $22,761.27 under the total construction budget amount of $808,000. Also, current engineering expenditures for this project totaling $86,125.08 are $5,874.92 under the total engineering budget of $92,000. Therefore, a total project savings amount of $28,636.19 is currently available for reallocation to other projects. . A construction project status report is enclosed which shows the difference in the as-built versus originally estimated quantities of construction. Most of the additional paving quantities were associated with parkway retaining walls for additional erosion control at a few locations, concrete and asphalt driveway and parking lot extensions, and asphalt side-street transition pavement extensions beyond the originally projected limits of construction. We understand that construction was substantially complete before the contract completion date of April 13, 1998, with appropriate 1901 CENTRAL DR., SUITE 550. BEDFORD, TEXAS 76021.817/283-6211. METRO 817/267-3367. FAX 817/354-4389 . . . July 29, 1998, MAPLEWOOD AVENUE, CONTRACTOR'S ESTIMATE NO. 10 & FINAL time extensions.for approved weather delays, therefore no liquidated damages were incurred. The two year period of maintenance begins on this date and will terminate on July 29, 2000. The maintenance obligation includes repair of water line breaks resulting from improper embedment, compaction, backfill or poor workmanship. The maintenance obligation also includes sealing of pavement cracks, repair of pavement buckling or other failures, along with failure of all concrete flatwork and other concrete structures. In the absence of any negative comments concerning the condition of this project, and after an Affidavit has been furnished by the Contractor affirming that there are no outstanding claims against the Contractor associated with this project, then we recommend that this final partial payment, in the amount of $39,261.94, be made to J.L. Bertram Construction & Engineering, Inc., 1007 Harrison Avenue, Arlington, Texas 76011. As always, we appreciate the opportunity to provide engineering services to the City of North Richland Hills, and we look forward to providing continued assistance to the City in completion of its Capital Improvements Program in accordance with the provisions of our Engineering Services Agreement. We will be available at the next Council meeting to assist you with answers to any questions which the City Council may have concerning this project. Meanwhile, please call if we can be of additional service this regard. ~t1I. ~ RICHARD W. ALBIN, P.E., Vice-President RW NralFinal.doc Enclosures Cc: Mr. Larry Cunningham, City Manager (wi copy of enclosure) Mr. Randy Shiflet, Deputy City Manager (wi copy of enclosure) Mr. Larry A. Koonce, C.P.A., Director of Finance (wi copy of enclosure) Mr. Mike Curtis, P.E., Capital Improvements Coordinator (wi copy of enclosure) Mr. Scott Walker, Construction Inspector (wi copy of enclosure) J.L. Bertram Construction & Engineering, Inc. (wi copy of enclosure) Page 2 CITY 0 F NORTH RICHLAND HILLS Council Meeting Date: 8/10/98 Planning & Inspections Department: subiect:Public Hearing to Consider the Re uest of James Nader for Agenda Number: PZ 98-30 A Special Use Permit for a Self-Service Laundry FacIlity On Lot 7, Block 1, North Park Estates Addition. (Located in the 6400 Block of Rufe SnoW Or.) Ordinance No. 2323 . James Nader, the applicant, is proposing to construct a coin operated laundry 10 the 6400 block of Rufe Snow Drive. The site is currently zoned C2-Commercial and a Special Use Permit IS reqUired for a self -service laundry facility that is located within 200' of residential property. The following issues are associated with this Special Use Permit request: 1. Masonry Screening Wall: A masonry-screening wall is required where this property abuts residential property. The applicant has agreed to provide the required screening wall. 2. Landscaping: The site plan meets the current 15% landscaping requirement, but does not meet the landscaping enhancements recently adopted by the City Council. Staff has met with the applicant and at the July 23, 1998 Planning and Zoning Commission meeting, the applicant agreed to provide sufficient landscaping to meet the recently adopted landscaping guidelines. This has been incorporated into the ordinance. Signage: The applicant is proposing to construct a 23' pole sign with a square footage of 64 square feet. This meets the new guidelines established by the City Council on July 27. 1998 that indicate a maximum of 25' in height and a 100 square foot area. This also has been incorporated into Ordinance No. 2323. 4. Sidewalks: Sidewalks are required and the applicant has shown this on the site plan. 5. Dumpster: The applicant has been advised that dumpster screening may be required. The Planning and Zoning Commission considered this request at its July 23, 1998 and recommende approval as presented but, with the requirement that a landscape plan be submitted. RECOMMENDATION: That Ordinance No. 2323 for a Special Use Permit be approved for a Self-Service Laundry providec a landscape plan is submitted. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available e~i:;~ting Budget =J;j'0 ~., 16cu.ò~ I';) (~,-. . ~1A-::r"A. (¿UjÑ""'~VJ Depa~ment ead Signature ' I J U City(Ma ager CITY COUNCIL ACTION ITEM - Finane Page 1 of _ ~ 1'3A1 () () " .... Ie ~ J I "")1 : 5700 '60 - i.£,0 5 - .d tt=J ~. W (!) o H a: I ~ ~ :J : a: 1..... ~ ',;' .., ~'J .-' 5ao~ iO· e 00 . 00 r- .>0 ,~ H M ~ ~ ~ ~ :J ""'23 - (f) M :: ,>0 7. M !: I: 24'" 25 - 7. 60 ,. e 26 ... H1LJ~ 27 Ð ", .. 60 .. 5 ; 22 ... ~'1 60 é«1í 2 60 ,n cØ '60 ! 2 1M .., _M lìJ CITIt::S' ßL\/.D - 6800 1 ?7;;ìr r I ,,;;~/ II ." PZ 98-30 e Agenda Item # § U:J '-. " . .t.~c'i \"tt,G :. " " : 'J ë: r., II 4 .. :J w }. r-: ~ ~.u " -< -< --,~ ,1'f\~c(. .....""~ , ...' ~ ~ ''ì\\\'Î\\ % .~\t 7Î\ ~ ---. \,\,Î\' -< % U \\\\.\., }) :z: - o z WA'AUCA 10. o. 1<;'... C-1 / 1178 =-: 'l\,,~) ~'ì.\\\.~ \ .O\\Ü\'\'\r~\Y'\"-.1 , C\"\' ,.$)Z'~1 IR ., I". III fA .. 1(1" " ;7- ~ :~~ ) \\\:"".\t 5.. ,__ / S Î\\' -"~-I<xO~f \\~~Ù$ ~{)Ó . ~ ',". . //' ,\0 "/ "\. - /} n f cc ,0 '~ J 01 c - 1 ¡il 1,/ iJ¡ .) " .. " 1'-'/ r-- I '] '. :'¡ . o 7. V) 1(,' ~ , " - o.c.........0 ..--- ~ Zoning Exhibit for PZ 98-30 e - t~ ,j~L"I" /"1" 1 IT /.,/../., /../., /" / CUNOAll 01(. 3lJ\~'':J 4. 4) t J .. R-7-M e e e ORDINANCE 2323 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING ORDINANCE NUMBER 1874, THE ZONING ORDINANCE, TO AUTHORIZE A SPECIAL USE PERMIT FOR A CONVENIENCE STORE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Rich/and Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 by changing said Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in case number PZ 98-30, a Special Use Permit be hereby authorized for a Self- Service Laundry Facility on the property described as follows: Lot 7, Slock 1, North Park Estates Addition, located in the 6400 Slock of Rufe Snow Drive. 2. THAT, development of this property shall be as follows: A. The layout of the site shall be consistent with the site plan attached as Exhibit "All. S, The landscaping shall be consistent with the regulations attached as Exhibit "S". C. That a landscape plan be submitted prior to obtaining a building permit. D. That the pole sign not exceed twenty-five (25) feet in height and sixty-four (64) square feet in area. 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Ordinance No, 2323 Page 1 e e - 4. SAVINGS CLAUSE. That Ordinance Number 1874, the Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this Ordinance. 5. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 23rd DAY OF JULY 1998. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 10th DAY OF AUGUST 1998. ATTEST: Mayor Charles Scoma City of North Richland Hills, Texas City Secretary City of North Richland Hills, Texas APPR~TO CO~TENT: ~cu., ~ Depart, nt ead APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No, 2262 Page 2 ,) ., . . 5 6 PROP. 6' MJOi. e' c.....U. SCREOI WAll. ,/ /~ ~ /' , ./ /" /" e Ex't-+ ¡'BJT itA 11 d'Ç. ~ cY~ . :\ <t?' ~1,.t> ,~J."" Ó- t- V ~ ~~V- ~¥-Ç. §¥-ú . c.~~' 'db''- 'i("'~ d'- t> ('\.-.i ~ I.',~ <l~.c:10ø ~ ~ , ./', ,,'"' \:'ó ,/ ~. ~ , , EXISTlf\ ~ /' /" Ç.~"" /" ~~ /" ,-.i" /" (/"/" 1 ~ /" .1 V ;:; 6· ¥'S'rœ. BClU.AAO (2) /" /" e \ "'UTUAl ACCESS ESUT. I I I I I I I ".,..1' I I I , . I " /1 ,....' : I : I ;1 . '1 . , : , : ----. I 7,5' Ur:uI'Y E$ I PROP05(O I POU: LOi T I : -,- --~h--- L" I "--2~' nlONr y n tJ,HOSC"PE AREA ---, I 'I 1L!<-PEOESTAl SiCH - 5(E C12/CIOO .l I I I - - ---L- - - - - - - - _ _ _ _ _ _ _ ----f\...- _ _ _ _ _ _ _ -L _1_ 125,0' . .........--R,Q,W, ------ ~EXISnNC CURB - -- -,f EXIST. POl.( -./ UGH fixTURE --------- e ~, 7 TH 6400 RUFE SNOW DR/" (120' R,Q,w,) Exhibit "8" e Landscaping Guidelines Landscaping Consideration 1. Required Percentage a. 15% of the lot landscaped with one half of this between the building and the street. b. Using the current square footage credit table for trees and shrubs, trees and/or shrubs shall be planted in the street yard which have a total square footage equivalent to one- half of the square footage required by the 15% lot coverage. c. One 2" caliper tree shall be planted for each 1,500 square feet of street yard. Existing trees within the street yard may be included in this calculation. 2. Landscape Credits The overall area of landscaping may be reduced by planting additional shrubs and trees above the minimum required. The area may not be reduced below 10% of the total lot area. 3. Landscape Setback e There shall be a minimum setback area of ten (10) feet adjacent to all public street rights- of-way in which there is no paving, except for driveway access, or buildings and in which there shall be landscaping. Roof overhangs and awnings are permitted within this area as long as no conflict exists with the required landscaping, Loading areas, outside storage and outside display areas shall not encroach into the landscape setback. 4, Parking Lot Screening Parking, maneuvering, loading areas for people, or vehicular display and storage and boat areas which are not screened by on-site buildings or fences shall be screened from view of public streets as follows: e a. The screening shall be a minimum height of twenty-four (24) inches and a maximum of thirty-six (36) inches above the grade of the parking lot. b. Screening shall be solid and consist of one of the following: (1). Screening shrubs (2). Walls (3) Berms c. Screening shrubs shall be spaced a maximum of three (3) feet on center and shall be minimum of five (5) gallon containers when planted, and capable of reaching a minimum height of thirty (30) within eighteen (18) months of planting. d. Wall structures shall be masonry. e. Wheel stops shall be provided for parking spaces adjacent to a landscape setback to prohibit any car overhang over the planting area. Wheel stops shall be located twenty- four (24) inches from the end of the parking area. e e e 7. PZ 98-30 PUBLIC HEARING TO CONSIDER THE REQUEST OF JAMES NADER FOR A SPECIAL USE PERMIT FOR SELF-SERVICE LAUNDRY FACILITY ON LOT 7, BLOCK 1, NORTH PARK ESTATES ADDITION. (LOCATED IN THE 6400 BLOCK OF RUFE SNOW DRIVE) APPROVED Chairman Davis opened the public hearing and asked those speaking in favor to come forward. Mr. Eric Roberts, 500 Throckmorton, Suite 2808, Ft. Worth, TX 76102. Mr. Roberts indicated he was not aware of the new landscaping requirements when the site plan was submitted. He stated that they will comply with the new requirements. Mr. Davis asked the applicant if he was aware of the masonry screening wall requirements where this property abutted the residential property. The applicant stated that all of the existing fence along this and adjacent properties was wooden and questioned the need to replace this with a masonry wall, but indicated the masonry wall was on the site plan and that's what would be constructed. Mr. Davis reminded the applicant that they will need to submit a landscape plan that meets the new requirements prior to getting a building permit. There being no additional persons speaking in favor of the request, Chairman Davis asked for those speaking in opposition to come forward. Mr. Robert Montoya, 809 Pearl Drive, Southlake, TX stated he owns the adjacent property to the north of this tract. He stated that he had concerns about drainage. He has future plans for an office building on his property, He asked questions about driveway cuts to make sure he would access to Rufe Snow. Mr. Montoya was advised to review the site plan so he could see how the driveway cut was being proposed. Motion was made by Ted Nehring to approve PZ 98-30 with the requirement that a landscaping plan be submitted. Motion seconded by Doug Blue. Motion carried by a vote of 5-0. Page 3 - 7/23/98 P & Z Minutes CITY OF N$RTH RICHLAND HILLS Planning & Inspection SeNices e July 13, 1998 Mr. James Nader Nader Design Group 1200 Summit Ave. Suite 420 Ft. Worth, Texas 76102 RE: PS 98-30; Special Use Permit for a Self-Service Laundry Mr. Nader: The Planning and Zoning Office of the City of North Richland Hills has completed review of the site plan and related information submitted in conjunction with the above referenced project. The following comments follow, in numerical order, the conditions related to approval as estaolished in Article 5 of the Zoning e Ordinance. 1. Setbacks for buildings: This information is provided. ~- 2. Public street access: This information is provided. 3. Vehicular traffic and parking: The site requires 15 parking spaces, 32 spaces are provided on Lot 7. 4. Screening or buffer zones: This commercial use abuts residentially zoned ~ property. A masonry-screening wall is required along the common property lines. This shall be shown on the next submittal. 5. Hours of operation: This information is not provided on the site plan. This shall be shown with the next submittal. 6. Activities or uses permitted on site: Only a self-service laundry facility shall be permitted. 7. Building structure or height: This information is provided on sheet A201 e P.O. Box 820609· North Rich/and Hills. Texas ·76182·0609 USA 7301 Northeast Loop 820 . 817 -581-5514 . FAX 817 -656.7503 e e e 8. Landscaping: This information is not provided. Landscaping calculations shall be shown on the next submittal. 9. Maximum allowable lot coverage: This information is not provided. This shall be shown on the next submittal. 10. Pedestrian circulation: Sidewalks are required adjacent to all public streets. This shall be shown on the next submittal. 11. Signs: Location, size, and height of any signage shall be shown on the next submittal. The development must meet all sign regulations of the City. 12. Mitigation of noise, fumes, odors, vibration, airborne particles: None required with this development. 13. Exterior lighting: None indicated on site plan. If exterior lighting is to be used it shall be shown on the next submittal. 14. Exterior construction materials: This information is provided on sheet A201. The development shall conform to the 75% masonry building requirement. 15. Special fire protection measures: None required. 16. Outside storage and display of merchandise: None permitted. 17. Refuse and waste storage: This information is not provided on the site plan. It shall be shown on the next submittal. 18. Lot sizes and dimensions: This information shall be shown in a tabular format with the next submittal. 19. Acœssory buildings: None permitted. 20. Fire lane: The site plan indicates the removal and reconstruction of fire lanes on site. The reconstruction of the fire lane along the north side of the building is not required if adequate fire lanes are provided through the parking lot. ~- e It is necessary for you to respond in writing to these review comments and provide 15 sets of revised material in order to be place on the next Planning and Zoning Commission Agenda. If you have any questions, please contact me. Sincerely, dsf.~_-:Þ~ Christopher D. Saker Planner e ~- e " NADER DESIGN GROUP e .-\?CHITëè:TlRE [\."T~R¡I.."'R~ T::~El \,'\ I~.IL':--: Ie.-\ Ti0:--:.:' rL.-\\:S¡~Cì August 4, 1998 Mr. Barry LeBaron, AlCP Director, Planning and Inspection Services City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, TX 76180 Re: Quickwash #38 Special Use Permit - Lot 7, Block I North Park Estates e Dear Barry: Attached please find 24 copies of the proposed site plan as you requested, Due to scheduling, we cannot provide you with the proposed landscaping, However we fully intend to comply with the newly adopted landscape provisions when we apply for a building permit. Please call if you have any questions. Sincerely, ~1i~ JRN/llb cc: Eric Roberts -',,~-, ""); . .¡',,' ¡ ·...,1[, . q::~i Ti.\\.. 71'!,-'~ : h ,'~ i .. I ~ ;" ~, ... \. -.: 7 ; ;1'. '.' ~ ; , .: ... -: :.: '.: ~-'. I, '," r e e e North Richland Hills Fire Department Fire Marshal Memo To: Christopher Baker, Planner Mike Duncan, Fire Marshal ~p From: Reference #: 98-202 Date: July 1, 1998 Re: Quick Wash, 6400 Rufe Snow Drive Reference the plans sent to this office for review: 1. I concur that the relocated asphalt road will not be necessary. Distances from fire apparatus parked in the depicted fire lanes will be adequate to meet the code. 2. Fire lanes should be marked and maintained as depicted in the drawings. MLD:jkw . Page 1 e e e e C.::'('\ Lcur\dri~s mADE NAl'vlE C;: Q¡W COIN S~r.'rCES, LTD 500 ~n(cc<morr:::Jn, S¡:ire 2805 . FOrt Wcr;n, fp.xos ;6 I C:?386J Ph~ne817-3J2-!219 . ;:cxBI7-J.i?"J296 Dear City of North Richland Hills, Trus letter is to inform you that James R. Nader of Nader Design Group will be serving as our agent in dealings with the city of North Richland BiBs and specifically with our current project on Rufe Snow Drive. ~;¿,¡:¡¡/J David S. Sykes Vice-President of ],C, Pace, Ltd. II3 39'iïd S3>!^S 13;:!'\19;:¡'iïW L~99LELL:= ZZ:I¿ gS6r/3E/IO Nf~H APPL/CA TION FOR A SPECIAL USE PERMIT Clt, of NJ,-',~ ~:,::O';¡nç :-;:;!5 ~JOI N=: 1_::: 32') "':)·~]H :.,-: :~ :',:,! JI.·~1:-:'" Hi; Njr:h RI:~:; - ~ ~dr5. T ~ (3 ~ e PART 1, APPLICANT INFORMA TION 3Iì·5-31·5::J :'/=r.¡~ "l 2;;,,::.'":t / a-;~n{' Jarres R. Nader 5tr~~t a~ç,"'::;j t;/ 2~~Ít':~t7t / -=;'?nt: Nader Design Group, 1200 Sumnit Ave., Suite 420 :Ii; ¡ s¡'=:~ / Zr;J Cce:: of a~¡Jl.-ca'1t'" =;~nt: Fort Worth, TX 76102 PART 2, PROPERTY OWNER fNFORMA TION ï ~/~.cr.CJ''1':: n'.;.'7~:;~r of açç/t':.3nl / aç~nr .'/.ar:;~ tj/ çr':;:-:."7ï C"'¡f':-=r: 817-336-9010 (A-,K forT . ~~{,. ")01 t; Q/W Coin Services Limited :5t,..~c;( a~~t~3~ of ¡Jr.~fJ~r¡ï o"'ln~r: :..:,1 5: d:~ / z:;; Ccç~ 'J/ prGp~r., '-;)", ~~r' 500 Throckmorton, Suite 2808 Fort Worth, TX 76102 '-':!/':!;Jl1on~ n....·f7'::-!f 01 fJl7JJJ~rry O'.'¡n~r :;,::;:~ "'::aC,1/~i:~r or a/fica'''1 irom J:::O~rj, O".n~r'¡ éd,'~r~n: tr"Jr.1 d;JOIICJN / dÇ~({' 817-132-1219 :t...'rr-?n{ :-;r:1r.q t;¡as~d;ca(lon. PART], DESCRIPTION OF REQUEST Pr:Jr;fJ~~d us~ ,:/ {,'7~ ~~D.!ti'l C-2 Comrercial Washeteria J~;.=,,:;~ 1,1~ nd:~'r,! of Ih~ proçoS~d a.....:mt/ and an, part,Cui-Jr C'~dra""':~nSI'c; r<:lal<:r::o IfI'~ US~ ct (,~.~ pro;;.~(:, Coin opera ted laundry Hours of operation - 8:00 a.m. to ]0:00 p.m. 7 days/week ;,(<: ::1 ~n .;¡:: ~':,~~1 ,·..fI,ch con,'tJrr.-:; "..r:,~ I,~~ r':r;ulf<:n!<:n:; mctv:~1 ,n I,~,; P~C~':I, - 'f,? ; - -1 ";0 ..t,I,';r,:,J''''( Jt:.Jt;:7~d f.-orr7 pr':J¡J-:r:¡, own~r" (JOOI'Cd{1: I¡ /'fot own!!r rx-I - Y.~~ - :--IN,., D~ ~ ~ œ n w œ h .X o~:~ I f1,:r~tJ'/ c~r.d, 1:1~11 am, or r'!::r~;~nl, IfI~ 1'!';-J1 ")"',r':')r of I,~,: pn:;p~r.,/ -::~~r:"::'!.-: -1:;""/') .]nr: Cr¡ ,~~r<:ö,/; Þrt' hi; rcQu~~: tor <1;JDfTJ'/JI ,:t ~ :;0'::/.11 U;~ P~,='I ItJ I"'~ PI~nn,n7 ~"d Z-;"'''7 CtJ"'r.1I~;lon f"r Con;,1'!(,J:'-;,., UL JJN I 9 ~ ~ . L.!L!i& µ .=nr.t ~,'~~~ Jarres R. Nader 31(]nJ{~'r~ ~ 7- (/ '-"" 1---; t:" C..l ~~ i~~'lJnrC,:r' ]~I': ,;f PI.:¡r:'~I"'; ~ Z-;n"'7 CfJr.1mIS;,,;n P'.'::IIr; ¡'i~-Jf;nJ PART 4. FOR OFFICE USE ONL Y r~I~,;;:J.J'~' - ,'n- d 'J:J:'1 'J/ :,¡'/ C'J';rr:.¡ PUÒ!,,: !-{o:,lnfl7 - ~2· 0Bc~o LI,!{~ P'}I,";' - ~;;,:-::.']I '~.~:!_!':~.?r;-nf: An;Jr'j'/6'1rJ -' v'!; 1_ ,';tJ '(,~ s r-¡ I. ) -, ,- ,'.r) ,--.J ,=~.:.: - SJOO,oo ...,:;~..I;;.';1':n:; PdfrJ' I---¡ y~~ "-'--;n~¡:i,;n; r;,' "';;;=(~',,'af -, - Th,; ùppl'CJI,cn \',Iil nol b,~ SCf1cdu/':d for "U:;¡,C frcanm:; un(¡/Ihe <1ppl'C3:"0" f·~'J I; f~Ct:,v':d SPECli"L USE PERr,lIT CO. ':1~ (:'I9G CITY OF NORTH RICHLAND HILLS D rt t Planning & Inspections epa men: Council Meeting Date: 8/10/98 SubjectPublic Hearing to Consider the Request of Ralph Schwab Agenda Number: PZ 98-33 for a Zoning Change from AG-Agricultural to R1S-Special Single Family on Tracts 8F and 8N1, T. K. Martin Survey, Abstract 1055. (Located at 8713 Stewart Street) Ordinance No. 2324 Ralph Schwab is the owner of Tracts 8F and 8N1, in the T. K Martin Survey. The property contains approximately 2.2 acres of land and is located on Stewart Lane. The tracts are currently zoned AG- Agricultural. Mr. Schwab is in the process of platting this property in order to construct a home and is requesting the property be rezoned to R1S-Special Residential in order to preserve the ability to have horses on site. The properties to the north, south and west are all zoned AG-Agricultural and the property immediately to the east is zoned R2-Residential. This rezoning request is in conformance with the Comprehensive Land Use Plan for the City of NRH. Mark & Jeannie Burleson, 8725 Stewart Drive, submitted a letter (attached) in opposition to the rezoning request. At the July 23, 1998 Planning and Zoning Commission meeting, adverse comments about the potential use of the property for horses were received from surrounding neighbors. Ms. Barbara Burger, 8633 Chilton Drive, spoke in opposition at the P&Z public hearing and presented a letter and copies of ordinances, which she felt, aided her position of opposing this rezoning request. The Planning and Zoning Commission recommended approval of changing the oning on this property to R 1-Residential instead of the requested R 1 S. They felt that since the owner stated he was not sure he would ever want horses on the property, he always had the opportunity of seeking the R 1 S designation in the future. RECOMMENDA TION: That Ordinance No. 2324 be approved changing the zoning from Agricultural to R1-Single Family Residential. Finance Review Acct. Number Sufficient Funds Available epartment Head Signature ' I CITY COUNCIL ACTION ITEM Fnenoe~ o..cs« Page 1 of -~~........-.... M ., _ .. ~ J ,.-" .'~-- R .......L.., --..-. I .. .'. ..... ." ...... ,. .\. ·e :;,. '3'.1 :~ . 2 :"1: ":, . : ~ '^ ;-". .~ 3 .:. -_ .~ Bló?7 ß -rz..4- ~ . ,,; . ~ _:. . ' .. ....- ~n 'J .. .... . ' " I ,1:~ r¿7:!5~B ~:~~ ~l:,~ ~7=~" . :;' ,,' . qj~'~j' . 'p·Lß'CE. '; 'n~: , ' . ,... '~l1. "" '3 ,- \1 .' .~ .,. 11 ~l~S ; ctlo' : £" 'I~ ~7~ ~t ~s.", ' 1 : ~ IRO~!'-'~~"""'" _ ì nl. )1l\i nIl ?lTb 111J ò7~ 758 ':i .; 5 ::: i ï ,~J . 3 ¡w, . 'b11.~ _ ,.._l ". ., 3 f'{vt,;;." 1 JL- \oJ 1 1 T ,¡ , :; r' 1 . {~l .4; ----_. PZ 98-33 e Agenda Item # T;' ~ . t, ,', T" ., ~ . .: '""'.. .... .'. 75A 2 :1 . 310S q,ìa'\ -nï") CCPP::R C~':r'~··~ A " .\ , -... -- - .' , - ~ T' , , , ~- . '. : -.. \ '---,. \- \ . - S---\ fVÞ.1'1 \ SUl~~ 1 \ ~ ·:3 . . " '''~ ,,~ '", ,:0" ~ .. , . . ., f'~: ----R-~ 2o~1 IIf 711.7 'r,~ 1,11 '-. ;" H',1.' AG I'" 'I IN.7r. -.-.- ---. 'Il ,... " ° I , i I ¡ , , ; , I '( , ') ¡ .; .: V 'U I . : < I ~ Î ., ì " .. .. ,. ~ .. Z 0 ,. ,., " % '. " " V :: ,. 0 " 0 .. ,. ., .. " '. ., " ~·I·: z M .. I·, z CI f"'...A...... O. '. '\ t...... '.1 .:. j " . " , .~CH"'t)N 0" Zoning Exhibit for PZ 98-33 e ORDINANCE 2324 e 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, the City has received a request for a change in zoning district boundaries; and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of 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 98-33, the following described property shall be rezoned from AG Agricultural to R1- Residential. e All of that certain tract or parcel otland situated in the T. K. Martin Survey, A-1 055, in the City of North Richland Hills, Tarrant County, Texas, and containing the Tract described in the deed to Ralph Schwab, D.B.A., Ralph Schwab Roofing, as recorded in Volume 11289, Page 274, DRTCT, and also embracing the tract described in the deed to Ralph Schwab as recorded in Volume 12236, Page 980, of said deed records and being more particulrarly described by meets and bounds as follows: BEGINNING at a 3/8" steel rod found in the northerly right-of-way line of Stewart Drive, a 30' right-of-way, and being the southwest corner of said Schwab Roofing tract; THENCE north 7 degrees 48 minutes 4 seconds west, with a westerly boundary line of same, 208.94' to a Y2" capped steel rod stamped Moak Surv Inc. set for the northwest corner of said Schwab Roofing tract; THENCE south 89 degrees 58 minutes 16 seconds east with the northerly boundary line of same 117.81' to a 1" square steel pipe found; THENCE north 88 degrees 17 minutes 28 seconds east continuing with said northerly boundary line 92.95' to a 2" steel pipe found for the northwest corner of said Ralph Schwab tract; - THENCE north 88 degrees 50 minutes 52 seconds east with said Schwab tract 254.20' to a Y2" capped steel rod stamped Moak Surv Inc. set for the northeast corner of same Ord. 2324 Page 1 e e e from which a 3/8" steel rod found bears north 8 degrees 3 minutes 17 seconds west at 3.21'; THENCE south 8 degrees 3 minutes 17 seconds east with the easterly boundary line of said Ralph Schwab tract 210.88' to a Yi" capped steel rod stamped Moak Surv Inc. set in the said northerly right-of-way line for the southeast corner of same from which a Yi" steel rod found bears north 8 degrees 3 minutes 17 seconds west at 1.49'; THENCE south 88 degrees 45 minutes 6 seconds west with said northerly right-of-way line 257.75' to a 1" square steel rod found for the southwest corner of said Ralph Schwab tract; THENCE south 89 degrees 53 minutes 0 seconds west continuing with said northerly right-of-way 208.37' to the place of beginning and containing 2.2301 acres of land, more or less. 2. THAT, the Official Zoning Map be redrawn to incorporate this zoning district boundary amendment and the herein described ordinance number be affixed to the property described herein. 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. Ord. 2324 Page 2 APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 23rd DAY OF e JULY 1998. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 10th DAY OF AUGUST 1998. Mayor Charles Scoma City of North Richland Hills, Texas ATTEST: e City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: T? APPROVED AS TO FORM AND LEGALITY: Attorney for the City e Ord, 2324 Page 3 e 9. PZ 98-33 PUBLIC HEARING TO CONSIDER THE REQUEST OF RALPH SCHWAB FOR A ZONING CHANGE FROM AG-AGRICUL TURAL TO R1S-SPECIAL SINGLE FAMILY RESIDENTIAL ON TRACTS 8F AND 8N1, T.K. MARTIN SURVEY, ABSTRACT 1055. (LOCATED AT 8713 STEWART STREET) APPROVED FOR R1 e Chairman Davis opened the public hearing and asked those speaking in favor to come forward. Mr. Ralph Schwab, 756 Betty, Hurst, spoke in favor of the zoning request. He stated that he had plans on building a house at this location. Chairman Davis asked Mr. Schwab if he was aware of a letter from a neighbor objecting to the use of the property for a horse. Mr. Schwab stated he had visited with the lady who wrote the letter and she indicated to him that if horses were kept at the far end of the property she would have no problem. He stated that he has owned the property for three years and didn't have a horse on it at this time but, might want one in the future and just wanted to preserve his options for horses in the future. Chairman Davis stated for the record that a letter of opposition had been received from Mark and Jeannie Burleson, 8725 Stewart Dr. Ms. Lena Glazier, 6624 Chilton, NRH, lives just around the corner from this property and spoke in favor of the request. She stated that if the applicant builds a house it would help increase her property value. Mr. Bowen asked Ms. Glazier if she minded the applicant having a horse at this location. She stated that she had no problem with him having a horse. Chairman Davis asked those in opposition to come forward. Ms. Barbara Burger, 6633 Chilton spoke in opposition of the request. She stated that she was opposed to the possibility of having horses on the property and that R 1 zoning would be more appropriate for this property. She stated she has a daughter with asthma that is strickly air-borne related. She recited sections from the NRH Nuisance Ordinance which referenced obnoxious odors as being a nuisance. Ms. Burger also referenced the 100 foot distance requirement for keeping of horses from a residence. She stated there were no other horses in the area, it was primarily a residential area and it would be inappropriate to introduce horses into the neighborhood. She asked the Commissioners to consider rezoning the property R 1 instead of R 1 S. There being no additional persons to speak, the public hearing was closed. Chairman Davis stated that he would feel better if others in the neighborhood had horses. Mr. Schwab stated that others on Eden Rd. did have horses. Mark Wood stated that if the R 1 was approved and the applicant wanted horses in the future, the applicant could always seek rezoning at that time to allow horses. e Page 5 - 7/23/98 P & Z Minutes e e e Motion was made by Ted Nehring to approve PZ 98-33 but only for R1 zoning. Motion was seconded by Don Bowen. Motion carried by a vote of 5-0. Page 6 - 7/23/98 P & Z Minutes e e e ~ July 16, 1998 ~!r, Christopher D. Baker Planning and Zoning Board 7301 NE Loop 820 North Richland Hills, TIC 76180 Dear Mr, Baker, \Ve received the letter that you sent concerning PZ98-33, the request to rezone the two lots owned by Ralph Schwab from agricultural to special residential. We are unable to ;tttend the public hearing on Thursday, July 23 because we will be attending a birthing class at Baylor :\Iedical (expecting our first child!). P1e3se consider our thoughts contained in this letter when you make your recommendation decision, Our property is adjacent to the east side of the land o\\:ned by Ralph. We have talked \\,ith Ralph and are very supportive of him building a residence on this land. However, we are concerned with the land being zoned special residential instead of residential. Special residential would allow horses on the land. \X'e feel that this would be inappropriate for this area since the area is strictly residential. There are no other animals on any of the land in the immediate area. Our house faces west on our propert)', so the front door faces tow:trd this propert)· line. \X'e arc concerned that if the land is rezoned special residential a barn could be erected for horses in our front prd. \Xc spoke with Don Sharp from the .-\nimal Control department, and he stated that currently the cit}' does not ha\'e any restrictions on how many animals can be placed on a piece of propert)·, We fear that without restrictions, we could end up with several horses just a few feet away from our shop/detached garage building, .-\ccording the Don, the only building restriction on a barn is Ordinance 461, Sect. 15-43 \\"hich states that a barn must be 100 feet aw:ty from a residence. He said that this does not apply to detached garages or shops. In our conversations with Ralph, he told us that he doesn't intend to keep horses on the land. \X'e would request then that the planning and zoning board rezone the land according to the intended land use _ residential. \X'e would like very much for Ralph to be able build a house on tbs land; however, we do not want him or any future owner to be able to have horses in an area that is completely residential. Thank you for your time and consideration. Sincerely, .~ "-- ., f\\.o.,~", \ -^-,,--,-,- j 'J \(.) Lv..J..'¿-J-<'-.J Mark and Jeannie Burleson 8725 Stewart Drive North Richland Hills, TX 76180 ít.L po ___ rEfj, 00& 0 e 6633 Chilton Drive North Richland Hills Texas, 76180 23 July, 1998 Planning and Zoning Commission City of North Rich/and Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Dear Sirs: My family lives at 6633 Chilton Drive, the last house on Chilton before it becomes Stewart Drive. Our location causes us to be affected by the zoning change requested by Mr. Ralph Schwab, Case Number PZ 98-33, for 8713 Stewart Drive. We are opposed to the R 1 S Special Residential designation which would permit horses on the property. We feel that the R1 Residential designation would be more appropriate for this property and our neighborhood. e My main concern is that having horses located so close to our home would be detrimental to our daughter's health. My daughter, Leah, is asthmatic. Her asthma is strictly airborne allergy related. One of her tested asthma -causing allergens is horse dander. She has significant breathing problems each year during the stock show season in Fort Worth when the air quality in the whole county is negatively affected by the increase in the number of horses and other livestock. Although we do not attend any of the stock show functions, she develops asthma problems. I do not want to introduce this known asthma trigger for her just upwind from our home. City Ordinance 461, Section 1 states WWhatever is dangerous to human life or health; whatever renders the ground, the water, the air, or any food or drink unwholesome or a hazard to human life and health is hereby declared to be a nuisance." We feel that introducing horse allergens to our neighborhood would be dangerous for our daughter's health. My next concern is about the location of the horses and their pasturing or stabling being too close to occupied buildings. City Ordinance 461, Section 2, Subsection 2.09 states, "...In this respect the stabling, pasturing, or keeping of any horse, cow, cattle, sheep, or goat within 100 feet of any residence or occupied building,... shall constitute a nuisance." Furthermore, City Ordinance 1848, Article 9, Section 1 requires "... adequate housing consisting of a three sided structure with a cover or roof." In this respect, this property doesn't appear to have enough space to fulfill the requirement of building a stable while also keeping and pasturing a horse 100 feet from Mr. Schwab's future home and current buildings as well as from the neighbors' homes. I am also concerned about sanitation. City Ordinance 1848, Article 10, Section 1, Paragraph C states, " All buildings and sheds used for stabling animals e shall be kept clean and in good repair at all times and manure and urine shaN be e removed therefrom daily. n Paragraph 0 states, "Flies and other insects must be controlled through general sanitation and necessary means," I am skeptical that these requirements could be met. In addition, there are no other properties in our vicinity that have horses. This is strictly a residential area. I feel it would be inappropriate to introduce an island of horses into what is otherwise an area of strictly residential homes. Neighborhood security is also a concern. Students from the neighborhood middle school currently create problems by trespassing through this property as well as the property belonging to the Burlesons. Although their purpose seems to be taking a shortcut, these kids have left evidence that indicates that they have been smoking, drinking, and hanging out behind the outbuildings. I can foresee problems with these teenagers possibly pulling pranks with horses. e I speak about these matters from personal experience. In the 1950's, my father brought a Shetland pony home to live in a strictly residential area of Fort Worth. Pepper the Pony stayed in my back yard and became an instant "Kid Magnet." My dad became a hero to the neighborhood city kids, but I can guarantee that his neighbors and my mother held him in much less esteem. My poor mother felt responsible for every kid's safety who hung around to pet our pony or to beg for rides. The pony would also somehow get loose and explore the neighborhood until my parents could retrieve him. I DO NOT want to live through those experiences again. From my very vivid memories, it is totally undesirable to have a horse in the middle of a residential area. We feel that Mr. Schwab is a good neighbor, and we are delighted that he wishes to build a home on his property. Therefore, we request that only the zoning designation of R 1 Residential be permitted. With your consideration of our many reasons against the possibility of horses being allowed on this property, we request that the zoning designation of R 1 S-Special Residential, which allows horses, be denied. Thank your for your concern in this matter. ~ Barb~er Lee Burger e e e e ,/ SECTION 1. SECTION 2. SECTION 3. SECTION 4. j~ (g<f~ COpy 25 ARTICLE 8. GENERAL CREATING A HEALTH HAZARD: (A) Any person who shall harbor or keep on his/her premises, or in or about a premises under his/her control, an animal and who allows his/her premises to become a hazard to the general health and welfare of the community, or who shall allow his/her premises to give off obnoxious or offensive odors due to the activity or presence of such animals, shall be guilty of a misdemeanor. (B) Any person who shall allow his/her animal to eliminaté on public property or the property of another and does not remove same shall be guilty of a misdemeanor. TAMPERING WITH TRAPS AND EQUIPMENT: No shall remove, alter, damage or otherwise with a trap or equipment belonging to/set the Animal Control Division. person tamper out by AUTHORITY TO DESTROY INJURED/DISEASED ANiMAL: The Animal Control Division or authorized representative, is authorized to destroy any injured or diseased animal, whether such animal is on public or private property, and the recovery from such injuries or disease is in serious doubt, and after a reasonable effort has been made to locate the owner of such animal. EXCESSIVE NOISE: Any person who shall harbor or keep on his premises, or in or about his premises under his control, any animal which by loud or unusual vocalization shall cause the peace and quiet of the neighborhood or the occupant of adjacent premises to be disturbed shall be guilty ~f a misdemeanor, and a separate offense shall be deeded committed upon each day during or on which such violation occurs or continues. e ,j SECTION 1. SECTION 2. SECTION 3. SECTION 4. . SECTION 5. SECTION 6. SECTION 7. e COpy 26 ARTICLE 9. ANIMAL CARE PROVIDE CARE: No owner shall fail to provide an animal in his/her care with sufficient good and wholesome food or water, adequate housing consisting of a three sided structure with a cover or roof, shelter and protection from weather, veterinary care when needed to prevent suffering, and with human~ care and treatment. CRUEL TREATMENT: No person shall beat, cruelly ill treat, torment, mentally abuse, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dog fight, cock fight, bull fight, or other combat between animals or between animals and humans. ABANDONMENT: No person shall abandon an animal in his custody. INDUCEMENT: No person shall give away any live animal as a prize or as an inducement to enter any contest, game or other competition or an inducement to enter a place of business; offer such animal as an incentive to enter into any business, agreement whereby the offer was for the purpose of attracting trade. INJURED ANIMAL: Any person who, as the operator of a motor vehicle, strikes a domestic animal shall immediately report such injury or death to the animal's owner; in the event the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency or to the local humane society. POISONOUS SUBSTANCE/TRAPS: No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any domestic animal or person. This Section is not intended to prohibit use of herbicides, insecticides, or rodent control materials. No person shall expose an open trap or metal jaw type that shall be liable to injure any domestic animal or person, however this shall not preclude use of humane box traps. THEATRICAL EXHIBITS: All Theatrical Exhibits as defined .herein shall, in addition to other requirements of this Ordinance, comply with the minimum standards of this Section. Facilities e SECTION 1. e e COpy 28 ARTICLE 10. ~OARD/RIDING STABLES STANDARDS: All boarding/riding stables as defined herein shall, in addition to other requirements of this City, comply with the minimum standards of this Section as well as other State Laws that apply. (A) All animals shall be provided with daily food and water, free from contamination. Such food shall be wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal. (B) All equipment used for riding must properly fit each individual animal. ~' (C) All buildings and sheds used for stabling animals shall be well lit and ventilated and provide adequate protection from the weather. All buildings and sheds used for stabling animals shall be kept clean and in good repair at all times and manure and urine' shall be removed therefrom daily. Acceptable bedding material must be provided. Any enclosure where animals are kept shall be graded and raked to keep the surface reasonably dry. (D) Flies and other through general means. insects must sanitation be controlled and necessary (E) Animals let for riding/teaching purposes must be in good physical condition. (F) Boarding/riding stables which rent or lend horses to the general public for pleasure riding and or lessons, and pony rides shall, in addition to the above requirements also adhere to the following standards: (1) Animals exhibiting the following shall be deemed unfit for work: (a) Sores or abrasions caused or likely to be irritated by the bearing of services, girth, harness or bridles, unless packing could be utilized. (b) Serious injury or illness e e e / copy ORDINANCE NO. 461 NUISANCES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1.00 DEFINITIONS: Whatever is dangerous to human life or health; whatever renders the ground, the water, the air, or any food or drink unwholesome or a hazard to human life and health is hereby declared to be a nuisance. BLIC THOROUGHFARE shall mean any street, alley, sidewalk, gutter, or other public grounds to which the public has free access and free use. ABATEMENT, ABATED, shall mean the doing away with, removing, or correcting the cause of nuisances. ABA TEMENT, ABA TED, shall mean the doing away with, removing, or correcting the cause of nuisances. OCCUPIED BUILDING shall mean a building occupied by any person other than the owner or person in charge of the animal or animals alleged to constitute a nuisance. SECTION 2.00 SPECIFIC NUISANCES: The following are declared to be nuisances and shall be abated, and any person guilty of performing any of the acts herein set out, or of causing any such nuisances, or of permitting or suffering any of them to remain upon his premises, or in any building occupied by or controlled by him, or on any public thoroughfare immediately adjacent to such premises shall, upon conviction thereof, be fixed as hereinafter provided. 2.01 Any building, structure, or basement, or anypart thereof used to house people or in which people work, which is over- e1"owded, or has inadequate means of ingress and egress, or is insufficiently supported, ventilated, drained, cleaned. or lighted. 2.02 All cellars. vaults. drains, pools, sewers, privies. yards. grounds, or premises which have for any cause become foul, nauseous of offensive or injurious to the health, or unpleasant to persons in adjacent residences. or to persons passing such premises. COpy e 2.03 All markets, laundries, stores or other buildings or places which are not preserved clean and free from filthy and unwholesome substances and odors. 2.04 Every trade, business or occupation Injurious to the health or comfort of persons who reside in the vicinity where such trade, business or occupation is carried on. 2.05 All lots or receptacles containing water allowed to become stagnate or offensive or unwholesome ~rom any cause. 2.06 All deposits or substances that are offensive or liable to engender disease; any nauseous, foul or putrid discharged, placed, thrown or conducted into or upon any public thorough- fare, all carcasses, all decaying flesh, fish, fowls, fruit or vegetation, all deposits or manure, all flesh of any kind or description whatsoever when thrown upon or conducted into or upon any public thoroughfare or enclosure in such manner as to render such substances unwholesome and offensive or liable to become unwholesome or offensive. . 2.07 All filthy or offensive water or slops in any private yard or premises when permitted to become offensive to the public. 2.08 Any unwholesome food, liquor or adulterated medicine. e 2.09 All cattle, horses or hogpens, stables or enclosed area in which any cattle, horses or hogs may be confined which may, from use become offensive. In this respect the stabling." pas- turing, or keeping of any horse cow, cattle, sheep, or goat within 100 feet of any residence or occupied building,. or of any hog or hogs within 500 feet of any residence or occupied build- 'n , shall constitute a nuisance. 2.10 Any granaries, ba.rns, elevators, or other premises where rats and vermine breed or are harbored. 2.11 Any article or substance placed upon any public thor- oughfare, except such articles as are permitted by provisions of this Code, in such manner as to obstruct the free passage upon such thoroughfare. 2.12 The act of depositing any filth, or any foul, offensive, nauseous or injurious substance upon any public thoroughfare or other public place. 2.13 The act of sweeping or depositing any trash, paper, or rubbish into any public thoroughfare or other public place and allowing the same to remain in such place longer than six (6) hours. e 2.14 The act of burning any hair, leather, rags, or any other substance of any kind which may cause or produce an offensive smell, smoke or odor capable of annoying persons living in the vicinity of such fire, or persons passing along the public thoroughfare. ' Ni~H APPLICATION FOR A ZONING DISTRICT CHANGE City of North Richland Hills 7301 NE loop 820 North Richland Hills, Texas (Please prinl or type an responses) 817-581-5500 ART 1. APPLICANT INFORMATION Name of applicant / agent: R.ALP~ SC.J-I-...uAß Street address of applicant / agent: .., S Ie, ß E:T T -( LA ¡..J i:::- City / State / Zip Code of applicant /agent: HUCt..ST j TE'i---AS fbOS3 PART 2. PROPERTY INFORMATION Telephone number of applicant /agent: (bll') -z."'B- 20¡OO Street address at location where zoning district change is being requested: c:::, -n:: \J..J ~ ~ T Þ R \\..1 E. Legal Description of Properly where zoning district change is being requested: L.."2. 3() I be ~ ITUATIëO 1-..) "THe: T. K. ~~,..j S->c. A - ¡aSS ìR.Dcr TO ~LPH ~~""'Dß ,VOL. I I "ll3~ / PG. z. ï +- ~D 1..1 c.oL. I 'Z!. '3" P<:" C ðo D..e. T. C.ï: Current zoning classification: Proposed zoning classification: Proposed use of the property: II AG /. Reason for zoning district change: pR-\ ~6e.. -< vS~ " R-1.-S R~~ID\::..~ïlòL- t=-.2oM ~'~G::.\o To Rt:~"-:)ENTlbl.- Surveyor map attached as required by application: ~ VfYes D No Affidavit attached from property owner if applicant is not owner. DYes o No RT 3. PROPERTY OWNER INFORMATION Name of property owner. {:2bLÞ H 'SC.WvJAô Street address of properly owner. l5 Co ßETT,-/ LA t-.E CIty / State / Zip Code of property owner: Telephone number of property owner. H-IJ~:S.T ì~S t G:.oS3 Le,lì\ 'Z."8- c...'1CO Note: Attach letter or affidavit from properly owner if different from applicant / agent: Date: - I , u ¡U-L- ~4¡ (9C¡P h b I hereby cerlify that I am, or represent, the legal owner of the property described above and do hereby submil this request for approval of a zoning district chenge to the Planning end Zoning Commission for consideration. Print Name: Signature: PART 4. FOR OFFICE USE ONLY DNo 2- C) Q, Date of Planning & Zoning Commission Pubtic Hearing: Taxes Paid? I ; Yes Case Number: Dale of City Council Public Hearing: Fee: ~Yes DNO Zoning Dislrict Change Approved: I : Yes 0 No C ons of Approval: '~ Yes DNO until application fee is received. Zoning District Change CD - 407 (2/97) CITY OF NORTH RICHLAND HILLS .epartment: City Secretary .i I CoJncil Meeting Date: 8/10/98 Subject: Appointment to Place 7 on the Cable TV Bo~rd Agenda Number: ~N ÇR-84 Mr. Len Wade has resigned from the Cable TV Board. Ms. Patty Shepherd has been recommended for appointment to Place 7 to fill the unexpired term of Mr. Wade. Her term of office will expire June 30, 1999. Recommendation: To appoint Ms. Patty Shepherd to Place 7 on the Cable TV Board, term to expire June 30, 1998. . Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available ~~ting.BUdget = '~t!/à ~ Department Head Signature CITY COUNCIL ACTION Finance Director Page 1 of CITY OF NORTH RICHLAND HILLS Department: Police Department Approval of Local Law Enforcement Block Subject: Grant Advisory Board Resolution 98 - 31 Council Meeting Date: 08/10/98 Agenda Number: GN 98 - 85 On July 13, 1998, the City Council approved the City's Local Law Enforcement Block Grant application for the partial funding of two vehicles for the Criminal Investigations Division. The Grant application has been submitted and is in the approval process in the amount of $39,873. One of the requirements of the Grant is the establishment of a Local Law Enforcement Block grant Advisory Board. The Board reviews funding and makes non- binding recommendations regarding the use of funds. The Board must include a representative from several community organizations specified by the Department of Justice. The organization and corresponding recommended representatives are as follows: 1. Local Police Department Jerry McGlasson Police Chief 2. Local Prosecutors Office Mike McEntire Prosecuting Attorney 3. Local Court System Ray Oujesky Municipal Court Judge 4. Local School System Mike Fritz Director of Transportation - BISD.. 5. Local Community Group Active in Crime Prevention Liza Dier President - Citizens Police Academy Alumni Association It is not anticipated that the Board will be active in the administration of the funding as its use is already specified under the original grant application. Recommendation: Approve Resolution 98 - 31 establishing the Local Law Enforcement Block Grant Advisory Board. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Other. Acct. Number Sufficient Funds Available Depart~ent Head S;gnatu,e ~ ð ~ CITY COUNCIL ACTION I EM Finance C..etOI Page 1 of - e e RESOLUTION NO. 98 - 31 þ , WHEREAS, the City of North Richland Hills recently applied for a grant from the U. S. Department of Justice to receive Local Law Enforcement Grant Funds for FY 1998 - 99; and WHEREAS, The Department of Justice requires the City Council to appoint a Local Law Enforcement Block Grant Advisory Board to review programmatic funding and make nonbinding recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, THAT the following individuals are hereby appointed to the Advisory Board: 1. Jerry McGlasson 2. Mike McEntire 3. Ray Oujesky 4. Mike Fritz 5. Liza Dier PASSED BY THE CITY COUNCIL this the 10th day of August, 1998 APPROVED: Charles Scoma, Mayor A nEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City CITY OF NORTH RICHLAND HILLS ¡ Department: Finance Subject: Request by Trinity Waste Services for an Increase III SoliJ V.fdste Rate~ Bd~ed 011 tile Fldllcld~e Agreement - Ordinance #2322 Agenda Number: 8/10/98 GN 98-86 Council Meeting Date: In 1997 the City Council approved Ordinance No. 2203 establishing a contract with Trinity Waste Services for providing solid waste services, setting standards as well as the rules and regulations governing the service, and establishing rates and a method for calculating future rate increases. The agreement also set the dates for requesting rate increases, Le., "... on August 1, 1998, and every two years thereafter... .if the Contractor desires a review of the existing rates, Contractor shall submit in writing its adjustments to the Base Rate and the supporting data for the same period, on or before May 15 of even numbered years, beginning May 15, 1998". This deadline was placed in the contract so that our staff would: 1) have enough time to evaluate their request, 2) to verify that the proper methods had been used, 3) to determine the accuracy of their calculations, 4) to allow time for Council review and approval, and 5) to give us enough time to make the necessary changes to our billing system. In this particular instance, they not only failed to submit their request on time (it was hand delivered on June 30th) but, their calculations were not accurate. Due to their request being submitted late and the inaccuracies of their calculations, if the Council approves this request, the new rates would not go into effect until September 1, 1998. Trinity Waste Services has requested a solid waste rate increase for both residential and commercial customers effective September 1, 1998. The franchise agreement approved by Ordinance #2203 provides for rate adjustments based on two components - operations (70%) and disposal (30%). The operations increase is based on 85% of the increase in the DFW Consumer Price Index and the disposal portion is based on the average gate rate increase for five area landfills specified in the contract. City staff has verified the operations increase based on the DFW CPI. The DFW CPI increase for the past year was 1.59%; 85% of this is 1.35%. Trinity is requesting that the operations component of the residential and commercial rates be adjusted by 1.35%. They are further requesting adjustments in the disposal component of 6.61 % for both residential customers and commercial front load Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Other Acct. Number Sufficient Funds Available I<.~ D partment Head Signatur Finance Director ¿:;.J Page 1 of 3 CITY OF NORTH RICHLAND HILLS customers. The 6.61 % represents the average increase realized by the five area landfills specified in the contract. City staff has verified the calculation of the average and the application of the average to the existing rates. The new residential base rate totals $6.75 for regular service and $12.35 for backdoor service. These rates represent an increase of $.19 for regular service and $.35 for backdoor service. A schedule of new residential rates is included as Attachment A. The new front load commercial rates are found in Attachment B. The proposed increases calculated in accordance with the contract requirements represent an overall percentage increase of 2.93%. Trinity is also proposing an increase in the disposal rate for commercial roll off customers. Staff differs with Trinity on the method that should be used to calculate the increase for this customer class. The contract specifies on page 18, Section 5C5 that, "The disposal component will be adjusted by a factor defined as the average percent of increase in the gate rate for compacted landfill material, as charged by a representative sample of area landfills." Trinity calculated their proposed increase based on actual gate rates at the Mill Creek Landfill (in 1997 this landfill was called Sanifill). Since Trinity both owns and operates this landfill, they are responsible for setting the gate rates. The averaging method was included in the contract to protect the City from this kind of situation. If the Council decides to use a method other than the one provided it will be necessary to change the provisions in the contract. Since this agreement has been in effect for only one year, staff believes that we should continue to use the methods provided for in the contract. This contract was entered into after soliciting request for proposals and was based on a competitive bidding process. The City negotiated the terms of the contract with Trinity Waste Services and they agreed to these terms. The agenda cover sheet and several pages of the contract relating to the methods for calculating the rate increases have been attached for your review. The increase proposed by staff for this customer class is based on the average increase of 6.61 % for the five area landfills specified in the contract. The rate for loose roll off increases from $5.22 to $5.57 per cubic yard (a $.35 increase per cubic yard), while the compact roll off rate will increase from $5.39 to $5.75 per cubic yard (a $.36 increase per cubic yard). The rates quoted include a 4% franchise fee and a 6% billing and collection fee. A detailed schedule of the new rates for commercial roll off customers can be found in Attachment C. Under Trinity's proposal, the rate for loose roll off remains unchanged at $5.22 per cubic yard, while the compact roll off rate will increase from $5.39 to $6.67 per cubic yard (an increase of $1.28 per cubic yard). According to representatives of Trinity the "loose" roll off business is less than 20% of their business, while the "compacted" roll off business is over 80% of their business. The proposed rate represents an increase of approximately 23.75% for compacted materials. When compared to staffs calculation, Trinity is $.35 lower per cubic yard for loose materials and $.92 higher per cubic yard for compacted materials. The averaging method specified in the contract protects the City when Mill Creek's gate rate is increasing at a faster pace than the other four area landfills. e Per the terms of the contract, no increase is requested in the recycling rate charged to residential customers. The proposed rates do not exceed the maximums quoted in the contract attachments. CITY COUNCIL ACTION ITEM D'"\,..,...... ') _t ') CITY OF NORTH RICHLAND HILLS Attachments: 1) Recommended Ordinance and Rates calculated by staff (Attachment A, B, and C). 2) Copy of the Letter and attachments submitted by Trinity Waste Services requesting the Rate increase. 3) Copy of the Agenda Cover Sheet (PU 97 -44,dated 5/12/97) and the following references from Ordinance No. 2203, Exhibit "A", which is the Solid Waste Agreement adopted by the City Council, and Pages 10-12 (Residential Rates), Pages16-19 (Commercial Rates), and attachments A,B,C,D,E-1,E-2,E-3 RECOMMENDA TION: To pass Ordinance #2322 authorizing the increase of residential and commercial solid waste rates effective September 1, 1998, in accordance with the solid waste agreement approved on 5/12/97. e CITY COUNCIL ACTION ITEM n___ ':: -, ') e e e ORDINANCE NO. 2322 WHEREAS, pursuant to the terms of Ordinance 2322, Trinity Waste Services (hereinafter called Contractor) has made application for rate adjustments based upon the DFW Consumer Price,lndex.(CPI) changes and the average gate rate increase of the specified area landfills; and WHEREAS, the CPI change for 1997-98 is plus 1.59%; and WHEREAS, the application is for 85% of CPI for Residential and Commercial customers; and WHEREAS, the average gate rate increase for the five area landfills is 6.61 %. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of North Richland Hills, Texas, that: 1. The monthly solid waste charges to North Richland Hills Residential customers shall be increased by 2.93%. The monthly solid waste charges to North Richland Hills Commercial and Industrial front-load container customers shall be increased by 2.93%. The disposal portion of the roll off container rate will increase by 6.61 % for both loose and compacted materials. 2. These rates are reflected in the attachments "A", "B" and "C", attached hereto, made a part hereof and adopted as part of this ordinance. 3. These rates shall become effective on September 1, 1998. PASSED AND APPROVED THIS 10th day of August, 1998. APPROVED: ATTEST: Charles Scoma - Mayor Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: APPROVED AS TO CONTENT: Rex McEntire - Attorney for the City Larry Koonce, Director of Finance Attachment A e City of North Richland Hills Residential Solid Waste and Recycle Rates Effective September 1, 1998 Base Garbage Fee Recycle Fee Total p5"ë1ã e Base Garbage Fee Recycle Fee Total ~)]P1!J!iJ1iI $ 6.75 $ 0.94 $ 7.69 e ~~£~~º!f2õ§'!iitç~lil.ª",r:¡ql'I;" Base Garbage Fee Recycle Fee Total ~NLsl~~!!Uig $ 12.35 $ 0.94 $ 13.29 e e e e Attachment B City of North Richland Hills Commercial Solid Waste Rates - Front Load September 1, 1998 Modified Rates Front-Load Rates Pickup Per Week Size 1X 2X 3X 4X 5X 6X Extra 2YO 33.43 70.20 110.56 154.78 203.15 255.96 11.18 3YO 46.63 97.93 154.23 215.91 283.39 357.07 16.79 4YO 55.95 117.50 185.08 259.10 340.07 428.49 22.37 6YO 73.05 153.34 241.52 338.13 443.79 559.18 33.54 8YO 81.79 171.75 270.50 378.71 497.04 626.28 44.71 6YO/Compactors 222.40 444.80 667.20 889.60 1,111.99 1,334.39 55.58 8YO/Compactors 270.53 541.06 811.59 1,082.11 1,352.64 1,623.17 67.62 e e e Attachment C City of North Richland Hills Commercial Solid Waste Rates - Roll Off September 1, 1998 New Rates (including franchise and billing fees) - NRH Rolloff Rates Loose Disposal $ 5.57 Compact Disposal $ 5.75 Size Type Delivery Rental Haul Disposal Total Deposit 20 YD Open 60.00 4.50 105.00 111.31 216.31 210.00 25 YD .. Open 60.00 4.50 105.00 139.13 244.13 210.00 30 YD Open 60.00 4.50 105.00 166.96 271.96 210.00 35 YD Open 60.00 4.50 105.00 194.78 299.78 210.00 40 YD Open 60.00 4.50 105.00 222.61 327.61 210.00 28 YD Camp Nego Nego 105.00 160.90 265.90 Nego 30 YD Comp Nego Nego 105.00 172.40 277.40 Nego 35 YD Comp Nego Nego 105.00 201.13 306.13 Nego 40 YD Comp Nego Nego 105.00 229.86 334.86 Nego 42 YD Comp Nego Nego 105.00 241.35 346.35 Nego e e e ïr~~!t11s~!~ June 30, 1998 Larry Cunningham City Manager City of NO$ Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Dear Mr. Cunningham, As you are aware, when the City solicited bids in 1997 the RFP stipulated guaranteed pricing for Year 1 as well as established maximum rates for adjustments in Year 2 and 4. During contract negotiations with City Staff, it was agreed that future year rate calculations would be based on the change in DFW-CPI for the operational portion of the rate and the percentage change in gate rates of designated area landfills, as identified in Attachment C of the contract, for the disposal portion. It was further agreed that the future rates could not exceed the maximum bid rates as identified in Attachment E-l. Attached are rate calculations based on CPI and gate rate increases that reflect a 2.73% increase in the residential and commercial rate structure. The proposed gross residential rate will be increased from the existing $6.56 per home per month to $6.73. The increase amounts to $0.49 less per month to the resident when compared to the maximum Year 2&3 bid rate of$7.22 which results into significant savings over the two year rate guarantee. As you will note, there are no increases requested for residential curbside recycling or the haul portion of the industrial roll off rates due to the fact that as a part of our bid we agreed to freeze those rates for the full term of the agreement. Once you've had an opportunity to review the calculations, and the supporting data, I will be happy to meet with you to go over the contents in greater detail. If you need anything additional from me prior to our meeting, please advise. Sincerely, \ '{:)oCCL ~ \ Doug Rivers Municipal Marketing Manager-DFW TRINITY WASTE SERVICES, 6100 Elliott Reeder Road, Fort Worth, Texas 76117 Tel: (817) 332-7301 Fax: (817) 831-2020 Customer Service Fax (817) 831-7489 @ Printed on recycled paper e e e '1f~ß[M]Ðír1f U VV.-..STE SERV'Ic::eS August 3, 1998 Larry Cunningham City Manager City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Dear Mr. Cunningham. As you are aware, when the City solicited bids in 1997 the RFP stipulated guaranteed pricing for Year 1 as well as established maximum rates for adjustments in Year 2 and 4. During contract negotiations with City Staff, it was agreed that future year rate calculations would be based on the change in DFW-CPI for the operational portion of the rate and the percentage change in gate rates of designated area landfills, as identified in Attachment C of the contract, for the disposal portion. It was further agreed that the future rates could not exceed the maximum bid rates as identified in Attachment E-l. Attached are rate calculations based on CPI and gate rate increases that reflect a 2.93% increase in the residential and commercial rate structure. The proposed gross residential rate will be increased from the existing $6.56 per home per month to $6.75. The increase amounts to $0.47 less per month to the resident when compared to the maximum Year 2&3 bid rate of $7.22 which results into significant savings over the two year rate guarantee. As you will note, there are no increases requested for residential curbside recycling or the haul portion of the industrial roll off rates due to the fact that as a part of our bid we agreed to freeze those rates for the full term of the agreement. The new adjusted rates would have a September I, 1998 effective date. Trinity Waste Services proposal was submitted on the assumption that Roll-otI adjustments would be based on the actual posted loose gate rates for open top containers and posted compacted gate rates for industrial compactor loads, plus franchise fee at Mill Creek Landfill in Lakeside, Texas. Once you've had an opportunity to review the calculations, and the supporting data, I will be happy to meet with you to go over the contents in greater detail. If you need anything additional from me prior to our meeting, please advise. Sincerely, Trinity Waste Services TRINITY WASTE SERVICES. 6100 Elliott Reeder Road, Fort Worth, Texas 76117 Tel: (817) 332-7301 Fax: (817) 831-2020 Customer Service Fax (817) 831-7489 @ Printed on recycled paper e e e Attachment E-1 City of North Rlchland Hills laidlaw Waste System Maximum Solid Waste & Recycle Residential Rates Effective August 1, 1997 $12.00 $1.69 $13.69 $13.20 $1.69 $14.89 $12.00 $0.94 $12.94 $13.20 $0.94 $14.14 05/02197 $14.52 $1.69 $16.21 $14.52 $0.94 $15.46 garbage/grates. wk. e PERCENTAGE INCREASE CALCULATION APPLIEDTO THE COMMERCIAL MATRIX OPERATIONAL PORTION (70%) DFW CPI 1.06% X 70% = .742% LANDFILL PORTION (30%) e LANDFILL AVERAGE 6.61% X 30% = 1.983% 2.73% - RA TE ADJUSTrJtE1Qífi~1Œ.tï~LA TION Current Residential Net Base Rate $5.77 e Current Back Door Net Base Rate $10.56 CPI Ad'ustment % 70% Disposal Adjustment % 30% CPI % Chan e (1.593% x 85%) 1.35% Disposal % Change 6.61% Operations Disposal Old Rate Net Base Rate $4.04 $1.73 $5.77 Adjustment% 1.35% 6.61% Adjustment $ $0.05 $0.11 $0.15 New Net Base Rate $4.09 $1.84 $5.93 City Franchise Fee $0.81 New Gross Base Rate $6.74 Operations Disposal Old Rate Net Back Door Base Rate $7.39 $3.17 $10.56 Adjustment % 1.06% 6.61% Adjustment $ $0.10 $0.21 $0.31 New Net Base Rate $10.87 e Cit Franchise Fee $1 .48 Gross Rate $12.35 Operations Disposal Old Rate Net Recyclin Base Rate Adjustment %/$ CitFranchise Fee Gross Rate * DISPOSAL RATES FOR SELECTED LANDFILLS Compacted Gate Rates e 1-May-97 1-May-98 % Change Waste Manaç¡ement DFW 6.65 6.65 Waste Manaç¡ement Westside 6.45 6.45 City of Farmers Branch 5.02 5.42 Mill Creek Landfill 4.85 6.00 Turkey Creek 5.00 5.30 TOTAL 27.97 29.82 6.61% * Residential Curbside Recycling Rates will be frozen throughout the Contract term. Page 1 e PERCENTAGE INCREASE CALCULATION APPLIED TO THE COMMERCIAL MATRIX OPERA TIONAL PORTION (70%) DFW CPI (1.593% X 85%) 1.354% X 70% = 0.947% LANDFILL PORTION (30%) LANDFILL AVERAGE 6.61% X 30% = 1.983% e 2.93% e FRANCHISED CITY RATES CITY OF NORTH RICHLAND HILLS e COMMERCIAL FRONT-LOAD RATES PICKUPS PER WEEK SIZE IX 2X 3X 4X 5X 6X EXTRA 2YD 33.43 70.20 110.56 154.79 203.15 255.97 11.76 3 YD 46.63 97.93 154.23 215.92 283.40 357.07 17.66 4 YD 55.95 117.50 185.08 259.11 340.07 428.50 23.52 6 YD 73.05 153.35 241.53 338.14 443.79 559.19 35.28 8 YD 81. 79 171.75 270.50 378.71 497.05 626.29 47.04 6 YD 8 YD FRONT LOAD COMPACTOR RATES 222.40 444.80 667.20 889.60 1112.00 1334.41 270.53 541.06 811.59 1082.12 1352.65 1623.19 55.58 67.63 COMMERCIAL ROLL OFF RATES SIZE TYPE DELIVERY RENTAL HAUL DISPOSAL TOTAL DEPOSIT PER DAY PER LD PER LD PER LD PER CONT 20 YD OPEN 60.00 4.50 105.00 104.40 209.40 210.00 25 YD OPEN 60.00 4.50 105.00 130.50 235.50 210.00 30 YD OPEN 60.00 4.50 105.00 156.60 261.60 210.00 35 YD OPEN 60.00 4.50 105.00 182.70 287.70 210.00 40 YD OPEN 60.00 4.50 105,00 208.80 313.80 210.00 28 YD COMP NEGO NEGO 105.00 186.76 291.76 NEGO 30 YD COMP NEGO NEGO 105.00 200.10 305.10 NEGO 35 YD COMP NEGO NEGO 105.00 233.45 338.45 NEGO 40 YD COMP NEGO NEGO 105.00 266.80 371.80 NEGO 42 YD COMP NEGO NEGO 105.00 280.14 385.14 NEGO FRANCHISE AND BILLING FEE PERCENTAGE 10.00% LOOSE S4.70 SO.52 S5.22 10.00% COMP S6.00 SO.67 S6.67 DISPOSAL RATE PER YARD FRANCHISE FEE MARKUP TOTAL COST PER YARD COMMERCIAL HANDLOAD 2 TIMES PER WEEK @ 516.98 PER MONTH CASTERS 56.00 /MONTH LOCKS 51.00 /PER LIFT 57.63 /MONTH 58.43 /MONTH RESIDENTIAL CURBSIDE WIRECYCLING - SR. CITIZEN RESIDENTIAL CURBSIDE W/ RECYCLING RESIDENTIAL BACK DOOR SERVICE 514.04 /MONTH SR CITIZN $13.25 EFFECTIVE DATE e 8/1198 CITY HALL PHONE # 817/581-5500 Distribution Date: 07/01/98 cc: J.Noorlag, D.Rivers, E.Brock, P.Hanscn. M.Koch, P. Pfister, B.Hubbard, Cust.Svs., Sales FRANCHISED CITY RATES CITY OF NORTH RICHLAND HILLS e SIZE IX 2X 3X 4X 5X 6X EXTRA 2YD 33.37 70.06 110.34 154.49 200.70 225.47 11.16 3 YD 46.54 97.74 153.93 215.50 282.85 356.38 16.76 4YD 55.84 117.28 184.72 258.60 339.41 427.66 22.32 6 YD 72.91 153.05 241.06 337.48 442.93 558.10 33.48 8 YD ' 81.63 171.42 269.97 377.97 496.08 625.07 44.63 COMMERCIAL FRONT-LOAD RATES PICKUPS PER WEEK SIZE TYPE DELIVERY RENTAL HAUL DISPOSAL TOTAL DEPOSIT PER DAY PER LD PER LD PER LD PER CONT 20 YD OPEN 60.00 4.50 105.00 104.40 209.40 210.00 25 YD OPEN 60.00 4.50 105.00 130.50 235.50 210.00 30 YD OPEN 60.00 4.50 105.00 156.60 261.60 210.00 35 YD OPEN 60.00 4.50 105.00 182.70 287.70 210.00 40 YD OPEN 60.00 4.50 105.00 208.80 313.80 210.00 28 YD COMP NEGO NEGO 105.00 186.76 291.76 NEGO 30 YD COMP NEGO NEGO 105.00 200.10 305.10 NEGO 35 YD COMP NEGO NEGO 105.00 233.45 338.45 NEGO 40 YD COMP NEGO NEGO 105.00 266.80 371.80 NEGO 42 YD COMP NEGO NEGO 105.00 280.14 385.14 NEGO FRANCHISE FEE PERCENTAGE 10.00% LOOSE $4.70 $0.52 $5.22 10.00% COMP $6.00 $0.67 $6.67 DISPOSAL RATE PER YARD FRANCHISE FEE MARKUP TOTAL COST PER YARD COMMEROAL HANDLOAD 2 TIMES PER WEEK @ $16.95 PER MONTH CASTERS $6.00 /MONTH LOCKS $1.00 /PER LIFT $7.63 /MONTH $8.42 /MONTH RESIDENTIAL CURBSIDE WIRECYCLING - SR. onZEN RESIDENTIAL CURBSIDE WI RECYCLING RESIDENTIAL BACK DOOR SERVICE $14.02 /MONTH SR OTIZN $13.23 .FFECfIVE DATE 811198 OTY HALL PHONE ## 817/581-5500 Distribution Date: 07/01198 e ATTACHMENT C Designated Area Landfills Used to Determine Increase in Average Gate Rate for Compacted Landfill Material The following area landfills will be used to determine the increase in the average gate rate for compacted landfill material. This percent increase will provide the index by which the Disposal Component of the Base Rate will be modified. The increase in the average rates will be measured over a period spanning May and ending April 30. LANDFILL Farmers Branch DFW Lewisville Turkey Creek e Sanifill WMI Westside e e e e November Ó, 1997 Laidlaw Waste Systems Ine. 6100 Elliott Reeder Road Ft. Wonh, TX 76117 Dear j\.fr. Noorfag, Per your request, the current gate rate at the Camelot Landfill beginning October I, t 997 to September 30, 1 ~98 is 55.41 per cubic yard. This is an 8% increase ITom the 1996- 1997 fiscal year, If you need any further info~tion. please feel &ee to contact me at (972) 919-26 16. / ~) .' .. City of FfIm1ers Branch P.O. 8ax 818010 Formers Enrch.. Texas 75381-8010 972/247-3131 Ünked in ~n wit}, ~ ,." R........rta... ~ t::-I....- _~ "_..::.. _... . _ .... .. _a -. . .. - ... --- - - - -_. - - .- -. -. - -- ------- --------. -------- ----- e Mill Creek LandrIlI Owned by Crow Landfill TX, L.P. An Allied Waste Company September 9, 1997 Dear Customer: On October 1, 1997, gate rates at the Mill Creek Landfill, operated by Crow landfIll TX, L. P. (formerly the Sanifill Ft. Worth Landfill) will change. After evaluating the site over the past months and determining the required improvements and upgrades necessary to meet Federal, State and local regulations as well as improving site access, leachate disposal and future cell construction costs, we have determined that an increase in gate tipping fees is required. This change in the compacted rate is the first increase in disposal charges at this landfill since September of 1994. e Effective October 1, 1997, gate rates at the Mill Creek Landfill will be: Loose',MSW Compacted MSW Special Waste Hard to Handle Wastes $ 4.70 per cubic yard $ 6.00 per cubic yard $ 9.00 per cubic yard $12.00 per cubic yard All rates are inclusive of state fees. Hard to handle materials are defined as concrete, dirt, tree stumps, baled materials, etc. Special waste acceptance must be prearranged with site management to ensure compliance with Federal and State regulations. In addition, please call our office prior to delivery of special wastes to ensure that the materials are approved for acceptance. Contracts signed with Sanifill or USA Waste with specific rates will be honored through the term of those contracts. We would ask that customers with such contracts please provide a copy to us to ensure that our gate personnel are aware of the contract terms and conditions. This will ensure correct billing to you. Load charges will be based upon the full measured/rated capacity of the delivering vehicle or container in accordance with our policy. e 7797 Confederate Park Road, Fort Worth, Texas 76108 (817) 237 - 4178 Fax (817) 237 1051 e e e ~";--. -'-'-. Mill Creek LandfIll policy is to accept waste for disposal from all customers as long as the customer maintains their account in a current status and complies with the Safety and Environmental Rules for the site. Copies of those rules are available for your review at the site office. Finally. we would like to thank: you for your valued business and the confidence you've placed in us . We will continuously strive to maintain that confidence while providing you with the dependable and environmentally sound serVices you have come to expect. While we cannot predict future rates, we can assure each of you that your business is extremely important to us and we will continue to provide a competitive alternative for waste disposal in the Tarrant County area in the future. d/b/a Mill Creek Landfill 7797 Confederate Park Road, Fort Worth, Texas 76108 (817) 237 - 4178 Fax (811) 237 1051 .. " .. ... . '- ~- . ~ .' .' . -:-.-:- -.-..:....'J_'"':._-;; __h._'" . -. .-.- e e e Ø88CØ8Ø LAIDLAW WASTE SYSTEMS, INC. September 10, 1997 Dear Turkey Creek Landfill Customer: Turkey Creek Landfill is conunitted to managing your waste in the most environmentally sound and efficient. means possible. That is what you expect from us and that is what we will provide to our customers. As we strive to maintain this standard, our costs have dictated that we adjust the rates we charge for disposal at our landfIll. This is the first price increase at Turkey Creek since Laidlaw began operating the site on September 21, 1994. Effective October 1, 1997, gate rates for disposal at Turkey Creek landfIll will be: Loose MSW Compacted MSW Hard to Handle Wastes Special Waste $ 4.70 per cubic yard $ 5.30 per cubic yard $11.00 per cubic yard please contact our office for rare quote All rates are inclusive of stare fees. Compacted wastes are mechanically compacted waste or hauled in trucks that compact waste. Hard to handle wastes are defmed as material such as concrete, rubble, tree stumps or baled materials. Special waste acceptance must be prearranged with site management to ensure compliance with Federal and State regulations In addition, please call our office prior to delivery of special wastes to ensure that the materials are approved for acceptance. Load charges will be based on the full measured/rated capacity of the delivering vehicle or container in accordance with our policy. Discounts are available to customers delivering a monthly quantity of 5,000 cubic yards or more of solid waste disposed. Discounts are deducted from the published gate rates. Landfill policy is to accept waste for disposal from all customers as long as the customer maintains their account in a current status and complies with the landfill safety rules sent to you by letter dated April 3, 1997. Copies of those rules are available for your review at the site office. The Laidlaw associates at Turkey Creek Landfill value your selecting our landfill as your disposal facility of choice and we are working hard to ensure that you continue to receive the best possible solid waste disposal service. We also are committed to providing the best waste disposal options at 9100 South 1-35 West, Alvarado, TX 76009 (817) 783-5124 e e e competitive prices. We look forward to continue to serve your municipal solid waste and special waste disposal needs. If you have any questions, please don't hesitate to call me or John Peterson, LandfIll Operations Manager, so that we can understand your requirements. Our number is (817)790-2912. Sincerely, LAIDLAW W A TE SYSTEMS e e e .. JJ~ 'T ...~'-... '-.......,...... ~,_ -~.cV~ J:.'~'-Ll...LJ. J: Rate:! Effective October ~ 1996 ;"1'; J . Loose- Ol..b (, Refuse e:Wusive of stacked wood. SbJe,rocb, c:cnar:œ or roofing_:n ;my open t.}pe Ca u.I_:.~. S 5.75 per- Olbic yard ~ Compacted Material - R.ciase that has been u... 'Y-~ by a """""""'m:::d camp3dDI: S 6.65 per cubic yard ~ Non-Compactable Materlal- Bulk rdÜse such as st3cl:z:d wood. stcDe, rocks, conc:::rc:n:. roofing or trees and stumps over 6~ in diameter that will DOt compact to 113 its SÏ2e.. $17.25 per cubic yard \ ~. ~. Minimum Charges: Cars/minimum 0<... 0 ~t1íG. ---- $ 10.00 E.oo $ 20.00 n<:o $ 30.00 ZS~ $ 30.00 2So~ Pid:up trucks (bed level) Pickup trucks (C:1b level) Vans (up to 3/4 con) Refriger:mt œntaining equipme.!lt will be accepted only after being properly evacuated and a~ompanied by certifiation. ~ OR LOOSE RATE '. NOTES: L Allpick'..rp trucks loaded above cab level will be measured and charged at S 5.75 per cubic yard. 2. All non-<ompactable items will be measured and charged at S 1725 per cubic yard. 3. All trailers will be measured and chaïged the greater of$ 20.00 or $ 5.75 per cubic yard. Customers reqniring loads Loads must be properly pulled off by co mpacto r prepared for this serna:.. $15.00 minimum $1.00 per cubic yard over 15 yds. No - Tarp Charge St4te law ~ tb3t loads be cov~ or be charged a fee. " $3.00 minimum $1.00 per cubic yard over 3 yds. Special Waste: Call Jana Osborn, 214-459-1209 for pricing. ~ ... ..: ~~':"'::-~~"'.::'" .~.-~ ...---- _. ..-- -_._----.~----..,...-_.- . ",' - .. - . ...-. _._--:~'''':-.~ . --- 3500 Unlccrest Onve Aleda. Texas 76008 >"'!I; 8171244-35<JO . Metro: 817/429-1999 . FAX: 817í5õ{J-B933 ~,v. \eJ A Wuta Management ~ . .',- .. e September 1, 1996 Dear Valued Customer: We find it necessary to increase our disposal rates in order to offset rising exper:.5êS cf opera!icns, compliance and the need to provide our custcmers with the ñnest S6Îw'¡ce a~~d ~n'Jirç~r~~i1Laiiy scund disposai facilHy available. 1996. Please find aUad1ed our Prics Lists for dispcsal that will be effective Octcber 1 J Fer general information please dial our main number, 817 -244-35CO er metm 817-429-1999 or you may reach us 'lia fax 81 ï -560-8933. Anita Blakley, Office Manager! Special 'Naste Cccrc:nator, is available :0 answer your questions you may have regarding special·.vas~e or any rJrobiems c:Jncaming the effice operat:cns. e Paula Frost is available to ar.s'-Ner your questions pertaining to billir.g and aC::;Qunt information. "'Ie arJ9reciate your bL.:siness here at Westsice RecycUng and Disposal Facility, ~411Y Yours, - L' /J .d. /"7 ~ r;'-''Z.''~''':'"'I<:'!:: T.~~;.....,,: ;.~:-. ........ .- ........- -. . -...-<...........::t. \ Division President! General Manager ... e , .. a division of 'Naste Management of Texas. Inc. --'.. ;..:.~-;''':;-;~:::-.~.._-'' ...... .......... .... ...... .. ........ -' . .. ".-. .:-~.~':~.~::~-.' :-. ~ .. .~-~-::- e e e ~ ~ 'eJ' A Wasæ Management Corr.¡:ar.. Westside RecvcHng and Disposal FacaJ.itt Disposal Rate Unless Otherwise ~f)ted An PriCts Are Per 'Cubic Yard TYPE OF :\.fATERIAL DISPOSAL PRICE Of... r. A_ ... .- GE:vER-\L DESCRIPTION ~IINL'VILìVI LOAD Pick-ups or small tr:lilers $19.70 . conUining household cIe:lnup and Do-it-yourself deb r..s LOOSE :VIA TERL-\ L Refuse e:tdusive of wood, 55. iO (volume as me.:J.surerl by stone. rocks, concrete or gatehouse personnel) roofing. Comp3cted ),J:ltenal Refuse th:1t has been S.,A5 compacted by a commedc.:J.1 compactor. ~ON-CO!\<fPACTABLE . Bulk refuse such as wood, Sl..t25 '}L-\ TER-\1L rocks, stone, concrete. (volume as measured by Any item or volume that gatehouse personnel) wiJI nor compact to 1/3 its original size. - REFRIGER-\ì'i"T Refrigerators, Air C o NTA INL"f G Conditioners, Freezers, EQUIPI\-ŒNT Coolers, ect. Properly Evacuated with ~linimum or Loose Rate C ertific:l tee ... Not Evacuated Evacuation Service Fee $16.50 ~ch 7- - I ~ - -' ' -..: -= -." - I:; ,= ?'_:~:'~:.~~ .~~~~.::;~.....- . . ..~.. .-,-" "~7::·.-:.,:- .;r:~.:~:~.'~".'::~:~'i;:~~::~"~~~/.- :::".::"~ Re6 Bureau of Labor Statistics Southwest Statistical Summary March - April 1997 . e 525 Griffin Street Room 221 Dallas, Tx 75202 (1982-84=100, not seasonally adjusted) Consumer Price Index for All Urban Consumers (CPI-U), U.S. City Average, Dallas-Fort Worth, and Houston-Galveston-Brazoria April 1997 u.s. City Average: Dallas-Fort Worth: Houston-Galveston: I Percent change: I Percent change: I Percent change: INDEX ITEMS Index I 12-Month I 1-Month Index 12-Month I 2-Month Index 12-Month 2-Month All Items 160,2 2.5 0,1 150,6 1.4 -0,1 145,2 1,5 0,5 Food and beverages 157.1 2.9 0.0 155.3 2,3 -0.3 146,3 3,8 -0,3 Food 156.6 2.8 0,0 153,3 2.9 -0.1 146.5 4.2 -0,2 Food at home 157,5 2,7 -0,1 146,3 1.9 -0.3 154,0 4,7 -0.8 Cereals & bakery products 11 176.9 2.1 0.1 159,9 4,1 0,3 166.5 6,6 -1.5 Meats, poultry, fish, & eggs 11 147,7 4.2 -0,1 139,8 2.6 1,0 143.8 5,6 -1,3 Dairy products 11 145,7 6.4 -0,3 150,0 6,1 -0,5 142.4 7.1 0.2 Fruits and vegetables 11 186.4 -1,1 -1,5 156,9 -4,6 -1,1 180.7 1,3 -2,8 Other food at home 11 146,9 2,9 1,0 138,6 2,6 -1,6 151.0 3,9 1,0 Food away from home 156,2 3.0 0.1 164,7 4,1 0,0 134.4 3,3 0,9 Alcoholic beverages 162,3 2,8 0,1 178,0 -1.7 -0.4 143,0 0,9 -1,3 Housing 21 155.8 2.6 -0,1 136,7 1,9 -0,9 126.0 2.1 0,9 Shelter 175,3 3,1 0.1 143.4 3.7 0.7 140,8 2,0 0.4 Renters' costs 1/31 186.3 3,7 -0,3 150,6 3,6 0,5 149,8 1.9 0,5 Homeowners' costs 11 31 180.2 2,8 0.2 149,5 3,8 0,9 134,0 2,1 0,2 Fuel and other utilities 21 128,9 2.8 -0,8 119.8 -4,8 -9,0 103,0 -0,1 2,' Gas (piped) and electricity 121,7 2.4 -1.4 106,6 -11.4 -17,1 93,4 -0,7 4,1 Electricity 129,5 0,5 -0,2 114,6 0,1 0.0 93.8 -2,9 3,6 Utility (piped) gas 110.4 6.8 -4,1 91,0 -31,9 -42,8 94,3 6,8 5,8 Household furriishings/operation21 125,5 0,6 0,1 136,1 1,8 0,9 112.3 4,4 2,1 Apparel and upkeep 136.1 0.9 1,2 139,8 -6.4 2,9 142,1 0,0 1,2 Transportation 144.8 1,2 -0,1 143,9 1.4 -0,1 143,2 1.3 0,7 Private transportation 141,3 0,7 -0,1 145,1 1,1 -0.3 141.6 1,1 -0.6 Gasoline 105,4 -2.6 -0.4 105,1 -5,7 -1.6 101,3 -7,9 -3,9 Public transportation 11 189,8 5.9 0,9 134,7 7,0 3,4 203.5 4.2 18.8 Medical care 233,8 3,0 0.2 224,1 -0,6 0.7 228.2 1,3 1,0 Entertainment 41 162,2 2.3 0,1 169.8 5,1 1,1 161.3 -0,9 0,2 Other goods and services 21 222,7 4.4 0.6 203.4 5,6 0.3 194,0 -4,0 -0,7 Special Indexes: All items less shelter 155,8 2.2 0,1 153.8 0.7 -0,3 146.3 1.3 0,6 Energy 110.0 0.0 -1.1 105,7 -8.6 -10,0 98.2 -4,7 -0,6 All Items (other base) 51 479.7 472.3 465.8 Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) All Items 157.2 2.3 0,1 150.4 1,2 All Items (other base) 51 468,3 463,8 .1 This index series will no longer appear after December, 1997. I This index series will undergo a change in composition in January, 1998. 31 Indexes on a December 1982 = 100 base. 41 This index series will no longer appear in its present form after December, 1997 51 Indexes on a 1967 = 100 base. -0,3 144.1 459,8 1.3 0,3 Re6 Bureau of Labor Statistics Southwest Statistical Summary February - March 1998 . e Dallas, Tx 75202 SEE NOTICE TO USERS OFCPI DATA INSIDE TillS PUBLICATION Consumer Price Index for All Urban Consumers (CPI-U), U.S. City Average, Dallas-Fort Worth, and Houston-Galveston-Brazoria March 1998 (1982-84=100, not seasonally adjusted) INDEX ITEMS Index Index Index All Items 162.2 1.4 0.2 153,0 0.6 Food and beverages 160.1 1.9 0,2 159,0 0.1 Food 159.7 2.0 0.2 156,5 -0.1 Food at home 160,2 1.6 0.1 147.3 0.7 -0.6 157.8 2.3 1.7 Food away from home 159.9 2,5 0.2 171.6 0.7 Alcoholic beverages 165.1 1,9 0.1 188.4 1.5 Housing 159,2 2,1 0.3 141.2 0.4 Shelter 180.8 3.2 0.4 150.6 1.0 144.5 0,0 Rent of primary residence 170.3 3.1 0,2 147,9 5.3 0,7 138.1 3.4 0.4 Owners' equivalent rent 1/ 185.9 3,2 0.2 158,7 5.1 0,6 133,1 2,7 0,2 Fuels and utilities 127.1 -2.2 -0,2 123,0 -1.7 Gas (piped) and electricity 119.4 -3,2 -0.3 112,9 -4.0 -2.4 90.4 -3,2 -1,0 Electricity 124.3 -4,2 -0.2 111.9 -2.4 0,3 89,8 -4.4 0,0 Utility natural gas service 113.2 -1.7 -0,3 107,9 -13,7 -13,0 94.2 -0.1 -5.0 Household fu rnishings/operation 126.3 0.7 0,2 133.5 -0.3 pare' 134.9 0,3 2,3 146,9 12,8 ransportation 141.2 -2.6 -0.6 139,1 -0.5 Private transportation 137.4 -2,9 -0,7 139,7 -0.7 Motor Fuel 90,9 -14.6 -3,4 91,6 -13,6 -6,1 91,6 -10,7 -1.1 Gasoline 90.3 -14.7 -3,4 91,1 -13,8 -6,2 91.3 -10.6 -1,1 Medical care 239.8 2.7 0.2 227,6 -0,6 Recreation 2/ 101.0 1,6 0.3 99.7 -0.2 Education and communication 2/ 99,9 2,5 0,1 99.1 0,2 Other goods and services 232.4 5.0 -0,3 216.2 -0.6 Special Indexes: Energy 101.6 -8.6 -1.6 101,8 -8.5 -4.1 91,7 -7.1 -1,0 All items less shelter 156.5 0.6 0,1 154.5 0,5 All items less food and energy 172.6 2.1 0.3 162.5 1.1 All Items (1967=1 00) 485.8 479.8 Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) All Items 158,7 1.1 0.1 152,8 0.4 All Items (1967=100) 472.7 471,0 1/ Full series title is "owners' equivalent rent of primary residence;" index base is December 1982=100. 2/ Indexes on a December 1997 = 100 base. Note 1: Dallas-Fort Worth and Houston-Galveston-Brazoria CPls are for the Consolidated Metropolitan Statistical Areas. Note 2: The food at home, energy, and shelter sub-component indexes are compiled monthly for Dallas-Fort Worth and _ston. Full surveys, which produce the All Items Indexes and major components, are conducted every two months. pricing cycle for Dallas-Fort Worth changed from the even-numbered months to the odd-numbered months in January 1998 so that other than selected food, energy, and shelter items, there will be no 12-month percent changes available untif January 1999. The All Items Index for Houston is still published in the even-numbered months. North Richland Hills e RATE ADJUSTMENT CALCULATION Current Residential Net Base Rate $5.77 Current Back Door Net Base Rate $10.56 CPI Adjustment % 70% Disposal Adjustment % 30% CPI % Change (1.25% x 85%) 1.06% Disposal % ChanGe 6.61% Operations Disposal Old Rate Net Base Rate $4.04 $1.73 $5.77 Adjustment % 1.06% 6.61% Adjustment $ $0.04 $0.11 $0.15 New Net Base Rate $4.08 $1.84 $5.92 City Franchise Fee $0.81 New Gross Base Rate $6.73 e Operations Disposal Old Rate Net Back Door Base Rate $7.39 $3.17 $10.56 Adjustment % 1.06% 6.61% Adjustment $ $0.08 $0.21 $0.29 New Net Base Rate $10.85 City Franchise Fee $1.48 Gross Rate $12.33 Operations Disposal Old Rate Net RecyclinG Base Rate Adjustment %/$ City Franchise Fee Gross Rate * DISPOSAL RATES FOR SELECTED LANDFILLS Compacted Gate Rates 1-May-97 1-May-98 % Change Waste ManaGement DFW 6.65 6.65 Waste Management Westside 6.45 6.45 City of Farmers Branch 5.02 5.42 Mill Creek Landfill 4.85 6.00 Turkey Creek 5.00 5.30 TOTAL 27.97 29.82 6.61% e * Residential Curbside Recycling Rates will be frozen throughout the Contract term. Page 1 CITY OF NORTH RICHLAND HILLS Department: Administration Consider Approval of Solid Waste Franchise and Agreement with I ;::¡irfl;::¡w W;::¡~tP. Sy~tp.m~ _ Ordinance No. 2203 Council Meeting Date: 5/12/97 Subject: Agenda Number: PI! 97-44 At the April 28, 1997 City Council Meeting, Council reviewed the proposals for solid waste and recycling services. Council accepted Laidlaw's Option II, contingent upon annual maximum rates not exceeding those established by Option I, and authorized the City Manager to enter into the final negotiations and develop a contract with Laidlaw. City Staff and Laidlaw representatives have met to prepare a final contract for Council consideration. Highlights of the proposed contract with Laidlaw are as follows: 1) Contract Term - Five years beginning August 1, 1997. The term may be renewed for two successive terms of two years each, by mutual consent of both parties. 2) MondaylThursday residential collection days are required. 3) Holiday make up day following the actual holiday is required. 4) Christmas Tree Recycling Program provided. 5) Residential rates for the first year for regular garbage service and recycling are $8.25 per month, which is the same as present residential rates. Commercial rates are generally lower for year one than the current rates of NRH but vary according to volume and frequency of pickup. 6) Rate increases for years two through five: After the first year, rates may be increased for both residential and commercial by a combination of calculated increases in operations and disposal components of the base rate. The operation component will equal 70% of the total base rate and the disposal component will equal 30% of the total base rate. The operations component can be adjusted by a factor of 85% of the total percent increase in the D/FW Consumer Price Index (CPI). For the disposal component the average percentage increase in the gate rate for compacted landfill materials from five area landfills will be used to determine the measurement. Page 11 of the contract and Attachments C and D provide details of this method of calculation. This is the same measurement that is currently being used for increases. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available ~pe'"t;ng Budget _ ~ W"her - ~ ~ h -t2~~ Department Head Signature '-' _ City Ma~ager CITY COUNCIL ACTION ITEM Page 1 of FI......,. Dlrectot e Page Two The first increase can be requested for August, 1998. Thereafter increases will be on two year increments. Maximum rates that were identified in Laidlaw's Option J are a part of the contract to establish maximums for the five year period. 7) Options are provided for apartment recycling and are strictly optional by apartment complexes. 8) Hazardous/inclement weather days - - When public schools and the Birdville Independent School District are closed due to icy, snow, hazardous or inclement weather days, Laidlaw has the option to suspend service for that day subject to notification of the City Manager. 9) Commercial recycling - - When Laidlaw is unable to provide commercial recycling, a company may elect to use a North Richland Hills franchised or permitted commercial recycling company only, for its recycling services. Recommendation: et is recommended that Ordinance No. 2203 be approved effective August 1, 1997. e 4CE¡f/r.s ~ ~L/O W/'lST€ 1l6~G-fT tú/7ít L/f/oLfitJ (wttJ ?:é/~/rý) ~2-/9 7 e remit all sales taxes to the appropriate governmental authority and shall issue to CONTRACTOR a Resale Certification. (2) Payment to CONTRACTOR: CITY agrees to pay to CONTRACTOR on or before the 15th day of each month the appropriate charges as herein provided: a. Residential Acceptable Waste Charges and Residential Recycling Charges: For the Contract granted herein, CONTRACTOR agrees to pay a franchise fee to the CITY in an amount equal to 4% of the gross billings (excluding all appropriate sales taxes) from the collection of acceptable waste and for recycling services within the corporate limits of the CITY and 8% of the gross billings (excluding all appropriate sales taxes) for billing and collection fee, for a total of 12%. CITY shall remit to the CONTRACTOR its check in the amount of 88% of all amounts billed for residential garbage and recycling service for ACCEPTABLE WASTE and recyclables collected. The 12% not remitted for residential billings shall become the Property of the CITY. e (3) Residential Acceptable Waste: CITY and CONTRACTOR agree that the MONTHLY CUSTOMER SERVICE CHARGE for residential customers shall be as described on Attachment A. (4) Residential Recycling: CITY and CONTRACTOR agree that the curbside residential recycling monthly service charge shall be as provided in Attachment A. Residents 65 years of age and older may execute a request for an exemption of 75-cents per month from the recycling charge. If requested, the CITY will grant an exemption to each head of household 65 years of age or above an amount of 75-cents from the curbside Recycling charge. The City will remit to the CONTRACTOR the amount normally submitted to the CONTRACTOR for each regular account, less the 75-cents. Œ) Rate increases years two through five: CONTRACTOR shall maintain such residential garbage and recycling rates in Attachment A, effective August 1, 1997, until July 31, 1998. On August 1, 1998, and every two years thereafter (Rate Modification Date), the existing Base Rates may be increased by a combination of calculated increases in Operations and Disposal Components of the Base Rate. If the CONTRACTOR desires a review of the existing rates, CONTRACTOR shall submit, in writing, its adjustments to the Base Rate and the supporting data for the same e -10- e period, on or before May 15 of even numbered year, beginning May 15, 1998. For purposes of calculating the total rate increase, the Base Rate shall be divided into an Operations Component and a Disposal Component. The Operation Component shall equal 70% of the total Base Rate and the Disposal Component shall equal 30% of the total Base Rate. The Operations Component will be adjusted by a factor defined as 85% of the total percent increase in the DFW Consumer Price Index (CPI). Data compiled in the Bureau of Labor Statistics Southwestern Statistical Summary will be used to calculate the CPI increase. The measured increase for an August. 1998 effective date will span a twelve month period (beginning May 1 st and ending April 30th) immediately preceding the Rate Modification Date. For even numbered years August, 2000, the measured increase will span twenty-four months from the date of the last measured period. The Council will not entertain an application for increases in odd numbered years. e The Disposal Component will be adjusted by a factor defined as the average percent increase in the gate rate for compacted landfill material, as charged by a representative sample of area landfills. The landfills used to determine the increase are identified in Attachment C. The measured increase for an August, 1998 effective date will span a twelve month period (beginning May 1 st and ending April 30th) immediately proceeding the Rate Modification Date. For even numbered years beginning August, 2000, the measured increase will span twenty-four months from the date of the last measured period. The Council will not entertain an application for increases in odd numbered years. The specific rate calculation methodology is further illustrated by a hypothetical example incorporated into this Contract as Attachment D. e Increases in the Base Rate calculated in accordance with the terms of this Contract shall be granted in lieu of rate adjustments associated with specific regulatory mandates or other specific operational cost increases. Every adjustment to the CONTRACTOR charges or compensation established herein shall be cumulative and in addition to other adjustments conferred herein. -11- e Increases in the Base Rate shall not exceed the maximum rates as stated on Attachments E-1, 2, & 3. (6) Revisions: Any adjustment or revision from those rates approved for a five-year (5) period as identified in Section (5) above and Attachments A, C, and 0, by the City Council pursuant to this Contract for extraordinary fees or expenses shall be determined at the sole discretion of the City Council. CONTRACTOR must provide detailed, documented cost justification information associated with collection and disposal services solely for North Rich/and Hills. 5. Commercial. Industrial. Institutional and Multi-Family A. Duties and Obligations of Commercial. Industrial. Institutional and Multi- Family Customers. Every owner, agent, employee or person otherwise in charge of any commercial, institutional, industrial and multi-family premises within the CITY ("commercial customer") shall have the following duties and obligations: (1 ) e Containers Secured: Each commercial and multi-family customer shall keep all commercial containers pursuant to the CITY's Zoning Ordinance and in such a manner as to prevent the scattering of the contents thereof and to render said contents inaccessible to insects, rodents, and other animals. (2) Draining Liquids: Each commercial and multi-family customer shall drain all Acceptable Waste or Recyclable Materials mixed with water or other liquids before placing same into a commercial container, and, further, no commercial or multi-family customer shall place for collection, or permit to be placed for collection, any Hazardous Waste or Special Waste. (3) Sufficient Containers: Each commercial and multi-family customer shall be provided by CONTRACTOR containers sufficient in number to hold the Acceptable Waste or Recyclable Materials accumulating on the premises. (4) e Waste and Materials in Containers: Each commercial and multi- family customer shall cause all Acceptable Waste or Recyclable Materials accumulating on such premises to be placed in commercial containers. Commercial and multi-family customers shall place said containers in a certain designated location which is agreed to by CONTRACTOR and customer, bearing such customer's address for collection at the same time and in the same -12- · . e e e Bins are similar to residential bins but smaller and equipped with handles. The full program option is serviced each week by the same residential recycling truck for the adjacent residential neighborhood. Rates will be established by mutual consent of CONTRACTOR and CITY. CONTRACTOR will be responsible for informing multi-family complex owners and operators of these available options. (9) General Recycling: CONTRACTOR agrees to provide recycling services upon request to commercial, industrial and multi-family customers. In the event it is not cost effective for CONTRACTOR to make such services available, it has right to decline. It is understood that customers can engage a permitted or franchised commercial hauler to collect solely and pure recyclable materials if clearly separated in a recyclable container only at customer's location. C. Commercial. Industrial. Institutional and Multi-Family Charges. (1) Commercial, Industrial, Institutional and Multi-Family Acceptable Waste: CITY and CONTRACTOR agree that the monthly service charges for commercial, industrial, institutional and multi-family Acceptable Waste shall be provided in Attachment B, which is attached hereto and incorporated herein by reference. (2) Commercial, Industrial, Institutional and Multi-Family Recycling Charges: The service charge for commercial, industrial, institutional and multi-family acceptable waste recycling shall be negotiated between the CONTRACTOR and customer and submitted to CITY for billing: OCC materials will be picked up by CONTRACTOR free, but with container fee as in Attachment B. (3) Customer Billing: CITY agrees to bill all commercial, industrial, institutional and multi-family customers served by CONTRACTOR. CITY further agrees to collect and remit all sales taxes to the appropriate governmental authority and shall issue to CONTRACTOR a Resale Certification. -16- e e B e (4) Payment to CONTRACTOR: CITY agrees to pay to CONTRACTOR on or before the 15th day of each month the appropriate charges as herein provided: a. Commercial, Industrial, Institutional and Multi-Family Acceptable Waste Charges and Commercial, Industrial, Institutional and Multi-Family Recycling Charges: For the Contract granted herein, CONTRACTOR agrees to pay the CITY an amount equal to 4% of the gross billings (excluding all appropriate sales taxes) from the collection of acceptable waste and for recycling services within the corporate limits of the CITY and 6% of the gross billings (excluding all appropriate sales taxes) for billing and collection fee, for a total of 10%. CITY shall remit to the CONTRACTOR its check in the amount of 90% of all amounts billed for commercial, industrial, institutional and multi-family ACCEPTABLE WASTE and recyclables collected. The 10% not remitted for commercial, industrial, institutional and multi- family billings (6% for billing and collection and 4% franchise fee) shall become the Property of the CITY. Rate increases years two through five: CONTRACTOR shall maintain such commercial, industrial, multi-family garbage and recycling rates in Attachment B, effective August 1, 1997, until July 31, 1998. On August 1, 1998, and every two years thereafter (Rate Modification Date), the existing Base Rates may be increased by a combination of calculated increases in Operations and Disposal Components of the Base Rate. If the CONTRACTOR desires a review of the existing rates, CONTRACTOR shall submit, in writing, its adjustments to the Base Rate and the supporting date for the same period, on or before May 15 of even numbered years, beginning May 15, 1998. For purposes of calculating the total rate increase, the Base Rate shall be divided into an Operations Component and a Disposal Component. The Operation Component shall equal 70% of the total Base Rate and the Disposal Component shall equal 30% of the total Base Rate. The Operations Component will be adjusted by a factor defined as 85% of the total percent increase in the DFW Consumer Price Index (CPI). Data compiled in the Bureau of Labor Statistics Southwestern Statistical Summary will be used to calculate the CPI increase. The measured increase for August, 1998 effective date -17- e will span a twelve month period (beginning May 1 st and ending April 30th) immediately preceding the Rate Modification Date. For even numbered years beginning August, 2000, the measured increase will span twenty-four months from the date of the last measured period. The Council will not entertain an application for increases in odd numbered years. The Disposal Component will be adjusted by a factor defined as the average percent increase in the gate rate for compacted landfill material, as charged by a representative sample of area landfills. The landfills used to determine the increase are identified in Attachment C. The measured increase for an August, 1998 effective date will span a twelve month period (beginning May 1 st and ending April 30th) immediately proceeding the Rate Modification Date. For even numbered years beginning August, 2000, the measured increase will span twenty-four months from the date of the last measured period. The Council will not entertain an application for increases in odd numbered years. e The specific rate calculation methodology is further illustrated by a hypothetical example incorporated into this Contract as Attachment D. Increases in the Base Rate calculated in accordance with the terms of this Contract shall be granted in lieu of rate adjustments associated with specific regulatory mandates or other specific operational cost increases. Every adjustment to the CONTRACTOR charges or compensation established herein shall be cumulative and in addition to other adjustments conferred herein. Increases in the Base Rate shall not exceed the maximum rates as stated in Attachment E-1 , 2, & 3. (6) Revisions: Any adjustment or revision from those rates approved by the City Council as identified in Section (5) above and Attachments B, C, and D pursuant to this Contract shall be determined at the sole discretion of the City Council. CONTRACTOR must provide detailed, documented cost justification information associated with collection and disposal services solely for North Richland Hills. e -18- e 6. Miscellaneous C. e A. Assignment of Contract: This Contract and any and all rights and obligations of CONTRACTOR hereunder may be assigned by CONTRACTOR to any parent company, affiliate, or subsidiary of CONTRACTOR without the consent of CITY, but may be assigned to any other third party only with the prior written consent of the CITY'S City Council. B. Applicable Law- CITY and CONTRACTOR (and customers) shall comply with all rules and regulations of any federal, state or local authority. In this regard, CONTRACTOR shall not be required to collect and dispose of any Special Wastes, or any other improper waste. Should CONTRACTOR elect to dispose of such materials, CONTRACTOR shall receive a fee or charge mutually acceptable to CONTRACTOR and the party requesting disposal of such materials. CONTRACTOR further agrees to comply with all applicable state and federal laws regulating collection and disposal of waste, and to hold the City harmless of and from all claims and demands of any persons or governmental agency in connection with its landfills. Bad Debt Collections and Write-Offs: The CITY will diligently pursue the collection of bad debts and those which are deemed uncollectible after 90 days will be written off by the CITY and write-offs will be adjusted, less franchise and billing fees as appropriate, (deducted) from CONTRACTOR'S monthly payment following the quarter of the write-offs. Although write-offs will be made, CITY will continue to pursue collection and any bad debts collected after any quarterly payment adjustment will be added to the next monthly payment to the CONTRACTOR. D. Christmas Tree Recycling: CONTRACTOR shall provide a free mechanized mulcher for the Christmas Tree Recycling Center and provide sufficient staff to operate the mulcher at the CONTRACTORS cost at a agreed upon date and time. All mulch will be available for customers who donated Christmas Trees. If CONTRACTOR decides to take trees to non- city recycling center for mulching, the CONTRACTOR shall deliver mulch to City Center for citizens use. E. City Liaison: CONTRACTOR and CITY agree that the City Manager will be the authority for the approval of charges for any service not contemplated by this Contract and for the disposition of any dispute between customer and CONTRACTOR. The CITY may designate a CITY employee to act as an enforcement officer hereunder and to act as a liaison between the CITY and CONTRACTOR. e -19- e e e 05/02/97 Attachment A City of North Richland fUlls Laidlaw Waste System Solid Waste & Recycle Residential Rates Effective August 1, 1997 / i Backdoor Garba e Service Rec clin Total $12.00 $1.69 $13.69 Backdoor Garba e Service Rec clin Total $12.00 $0.94 $12.94 Note: Loose brush can be picked up for $10.00 per load upon arrangement with Laidlaw. See Section 4A(1) page 6. garbage/grates, wk4 Attachment B City of North Richland Hills e Laidlaw Waste System Solid Waste - CommerciaUlndustrial and Multi-Family Effective August 1,1997 Front-Load Rates: PicIcu week Size 1X 2X 3X 4X 5X 6X EXTRA 2YD 32.48 68.20 107,41 150.38 197.37 248.68 10.86 3YD 45.30 95.14 149.84 1D9.77 275.33 346.91 16.31 4YD 54.36 114.16 179,81 251.73 330.39 416.30 21.73 6YD 70.97 148.98 234.65 328,51 431.16 543.27 32.59 8YD 79,46 166.86 262.80 367,93 482.90 608.46 43.44 BYD/Com ctors 216.07 432.14 648.21 864,28 1,080.35 1.296,42 54,00 8VO/Com ctors 262,83 525,66 788,49 1,051.32 1,314.15 1,576.98 65.70 Rolloff Rates' e RENTAL HAUL "DISPOSAL TOTAL DEPOSIT SIZE TYPE DELNERY PER DAY PER LOAD PER LOAD PER LOAD PER CaNT 20YD Open 60.00 4.50 105.00 104,40 209.40 210.00 25YD Ocen 60,00 4.50 105.00 130,50 235.50 210.00 30YD Open 60.00 4,50 105,00 156.60 261.60 210,00 35YD Open 60.00 4,50 105,00 182.70 287.70 210.00 40YD Open 60.00 4.50 105.00 208,80 313,80 210.00 28YD Comoactors I None Neaotiated 105.00 150.92 25õ,92 Neaotiated 30YD Comcactors None Neaotiated 105,00 161.70 266.70 Neootiated 35YD Compactors None Neaotiated 105,00 188.65 293.65 Neaotiated 40YD Comcactors I None Neaotiated 105,00 215,60 320,60 Neaotiated 42YD Comoactors ! None Negoöated 105.00 226,38 331,38 Negotiated . Disposal charges based on SanifilUCrow landfill gate rates. Matrix denotes current gate rates of $5.22IIoose yard and $5.39/compacted yard. Rates include 6% billing and collection and 4% franchise fee. COMMERCIAUlNDUSTRIAL HANDLOAD 2 TIMES PER WEEK @ $16,50 PER MONTH CASTERS: $6.OOIMONTH LOCKS: $1.OOIPER LIFT -Recyclable Containers: Picku week Size 1X 2X 3X 4X 5X 6X EXTRA 2YD Free Free Free Free Free Free Free 3YD Free Free Free Free Free Free Free 4YD Free Free Free Free Free Free Free 6YD Free Free Free Free Free Free Free 8YD Free Free Free Free Free Free Free e - OCC loads only $15.00 per month container rental per container. All other recycling for commercial, industrial. and Multl-fami! will be n otiated between contractor and customer and submitted to CI for billi . 06118197 garbagelgrates,wk4 e ATTACHMENT C Designated Area Landfills Used to Determine Increase in Average Gate Rate for Compacted Landfill Material The following area landfills will be used to determine the increase in the average gate rate for compacted landfill material. This percent increase will provide the index by which the Disposal Component of the Base Rate will be modified. The increase in the average rates will be measured over a period spanning May and ending April 30. LANDFILL Farmers Branch DFW Lewisville Turkey Creek e Sanifill WMI Westside e e e e .... ATTACHMENT 0 - MODIFICATION METHODOLOGY GENERAL - Prior to each Rate Modification Date, CONTRACTOR may request that the existing residential and commercial 1 industrial rates (the Base Rates) be reviewed for modification. This process involves three basic steps: I. Separate ExistinQ Base Rate Into Operations and Disposal Components Existing residential and commercial/ residential front-load collection and disposal rates (the Base Rates) shall be separated into an Operations Component and a Disposal Component based upon a 70/30 ratio. II. Modify Operations And Disposal Components The Operations Component (70% of the Base Rate) will be adjusted to reflect increases equal to 85% of the increase in the Consumer Price Index (CPI), while the Disposal Component (30% of the Base Rate) will be adjusted to reflect increases in the average gate rate for compacted materials charged by specific area landfills. III. Combine Modified Operations And Disposal Components To Form New Base Rates The modified Operations and Disposal Components will then be combined to produce the new Residential and Commercial rates which will become effective on the next Rate Modification Date. CALCULATION METHODOLOGY - The calculation methodology can again, be illustrated in three steps: I. First, assuming the existing Base Rate to equal B1 then: The current Operations Component (01 ) equals the current Base Rate times 70% or: 01 = .7B1 The current Disposal Component ( 01 ) equals the current Base Rate times 30% or: D1 = .3B1 II. Second, the current Operations Component times 85% of the percentage change in the CPI equals the amount of the Operations Component modification. The amount of the modification plus the existing Operations Component equals the new or modified Operations Component or: 01 + [(01) (.85) (percent CPI change)] = 02; Where 01 represents the existing Operations Component and 02 equals the modified Operations Component. The current Disposal Component times the percent change in the average gate rate charged by selected area landfills, equals the amount of the Disposal Component modification. The amount of this modification plus the existing Disposal Component equals the new or modified Disposal Component or: 01 + [(01) (percent average gate rate change)] = D2; Where D1 represents the existing Disposal Component and 02 equals the modified Disposal Component. III. Third, the new Base Rate is calculated by combining the modified Operations and Disposal Components or: B2 = 02 +02; where B2 = the new or modified Base Rate, 02 = the new or modified Operations Component, and 02 = the new or modified Disposal Component. e ATTACHMENT D (Cont.) EXAMPLE: Hypothetical modification of residential Base Rate Assume the following assumptions as given: 1. The existing Residential Base Rate = $10.00 per month. 2. The applicable CPI @ 09/01/9x = 100 and the applicable cpr @ 08/31/9y = 110 3. The average gate rate for compacted land fill material @ 11/01/9x = $6.00 and the same rate @ 10/31/9y = $ 6.60 STEP 1 Seperate Existing Base Rate Into Operations and Disposal Components Operations Calculation Disposal Calculation Current Current Base Base Rate Rate X X X 70% 70% 30% = = = Beginning Operations Beginning Disposal - Component $7.00~ Component ,STEP 2 Modify Operations and Disposal Components e! Operations Modification æBeg. Operations Component ITimes 85% ITimes % Inc. in CPI (See aJ I = Modification ~ Modification + Beg ~ Component = Ending ~ Component Disposal Modification $7.00_Beg. Disposal Component 85.00% IN/A 10.00% ~Times 0" Inc. in Compacted I Gate Rate (See b) $0.601= Modification ~ Modification + Beg ~ Component = Ending $7.60 ~ Component X 30% = ~ $3.00~ I I I $3.0] 10.00% _ == $0.301 ! $3.30 æ =- I 'STEP 3 Combine Modified Operations & Disposal Components To Form New Base Rates I Modified Operations Component +Modified Disposal Component = Modified Base Rate $7.60 $3.30 e $10.90 :la) Calculation of CPllncrease !I :IBeg CPI ¡¡Ending CPI ,:0" Increase :1 ~;b) Calculation of Gate Rate Increase ,¡ :/ , , 100:j ,¡Beg Avg Gate Rate 1101 !¡Ending Avg Gate Rate 10.00%~¡ ::0" Increase $6.00 $6.60 10.00%:1 e e e Attachment E-1 City of North Richland Hills Laidlaw Waste System Maximum Solid Waste & Recycle Residential Rates Effective August 1, 1997 ,éât1i1t'i ,~. $7.94 $1.69 $9.63 $12.00 $1.69 $13.69 $13.20 $1.69 $14.89 $14.52 $1.69 $16.21 !?~l~$int(ij(CkJžêo.s.t;..~~~,:, '7~âl1lØ1'>Át.~:w" ' :~: Base Garba e Fee $6.56 Rec clin Fee $0.94 Total $7.50 Backdoor Garba e Service Rec clin Total $12.00 $0.94 $12.94 $13.20 $0.94 $14.14 $14.52 $0.94 $15.46 05/02197 garbage/grates.wk4 e e e 05102197 Attachment E-2 City of North Richland Hills Laidlaw Waste System Maximum Solid Waste - CommerciaUlndustrial and Multi-Family Effective August 1, 1997 8/1/97 - 7/31/98 Front-Load Rates: Pickup per week Size 1X 2X 3X 4X 5X 6X EXTRA 2YD 32.48 68,20 107.41 150,38 197,37 248.68 10.86 3YD 45.30 95.14 149.84 209.77 275.33 346,91 16,31 4YD 54,36 114.16 179,81 251.73 330,39 416.30 21.73 6YD 70.97 148.98 234,65 328,51 431.16 543.27 32.59 8YD 79.46 166.86 262.80 367.93 482,90 608.46 43,44 SYD/Compactors 216.07 432.14 648.21 864.28 1 080.35 1.296.42 54.00 8YD/Compactors 262.83 525,66 788.49 1,051.32 1.314,15 1.576,98 65,70 COMMERCIALJlNDUSTRfAL HANDLOAD 2 TIMES PER WEEK @ $16,50 PER MONTH CASTERS: $6.ooIMONTH LOCKS: $1.OOIPER LIFT Year 2 & 3 Maximum Front-load Rates: Pickup ller week Size 1X 2X 3X 4X 5X 6X EXTRA 2YD 35.73 75,02 118,15 165,42 217,11 273,55 11,95 3YD 49,83 104,65 164.82 230.75 302.86 381.60 17,94 4YD 59,80 125.58 197.79 276,90 363,43 457.93 23.90 6YD 78,07 163,88 258.12 361.36 474.28 597,60 35,85 8YD I 87.41 183.55 289,08 404,72 531,19 669,31 47.78 6YD/Compactors 237.68 475,35 713.03 950,71 1 188,39 1,426,06 59,40 8YD/Compactors 289,11 578,23 867.34 1,156.45 1,445,57 1,734,68 72.27 COMMERCIALJlNDUSTRIAL HANDLOAD 2 TIMES PER WEEK @ $18,15 PER MONTH CASTERS: $6,60IMONTH LOCKS: S1.ooIPER LIFT Year 4 & 5 Maximum Front-load Rates: Pickup er week Size 1X 2X 3X 4X 5X 6X EXTRA 2YD 39.30 82.52 129.97 181,96 238.82 300.91 13,15 3YD 54,81 115.12 181,30 253,83 333,15 419.76 19.73 4YD 65.78 138,14 217.57 304,59 399.77 503.72 26,29 6YD 85,88 180,27 283,93 397.50 521,71 657.36 39.44 8YD 96,15 201,91 317.99 445,19 584,31 736.24 52.56 6YD/Compactors 261.45 522.89 784,33 1,045.78 1,307,23 1,568,67 65,34 8YD/Compactors 318.02 636,05 954,07 1,272.10 1,590,13 1.908.15 79,50 COMMERCIALJlNDUSTRIAL HANDLOAD 2TIMES PER WEEK@ S19,97 PER MONTH CASTERS: S7,26/MONTH LOCKS: S1,ooIPER LIFT garbage/grates. wk4 . . e Attachment E-3 City of North Rich/and Hills Laidlaw Waste System Maximum Solid Waste - CommerciaUlndustrlal and Multi-Family Effective August 1, 1997 8/1/97 - 7131/98 Rolloff Rates: RENTAL HAUL 'DISPOSAL TOTAL DEPOSIT SIZE TYPE DELNERY PER DAY PER LOAD PER LOAD PER LOAD PER CONT 20YD Open 60.00 I 4.50 105,00 104.40 209,40 210.00 25YD Oœn 60.00 4.50 105,00 130.50 235,50 210,00 30YD Open 60,00 4,50 105.00 156.60 261.60 210,00 35YD Open 60.00 4.50 105.00 182,70 287.70 210.00 40YD ODen 60,00 4.50 105,00 208,80 313,80 210.00 28YD Compactors None Necotiated 105.00 150,92 255.92 Neaotiated 30YD Comoactors None Neaotiated 105,00 161.70 266,70 Neaotiated 35YD ComDactors None Negotiated 105,00 188,65 293.65 Neaotiated 40YD Compactors None Negotiated 105,00 215.60 320,60 Negotiated 42YD Comcractors None Neaotiated 105,00 I 226.38 331.38 Neaotiated . Disposal charges based on Sanifill/Crow Landfill gate rates. Matrix denotes current gate rates of $5.22/100$e yard and $5.39/compac:ted yard. Rates include 6% billing and collection and 4% franchise fee. Year 2 & 3 Rol/off Rates: e RENTAL HAUL DISPOSAL TOTAL DEPOSIT SIZE TYPE DELNERY PER DAY PER LOAD PER LOAD PER LOAD PER CONT 20YD Open 60,00 4.50 105.00 Gate Rate 105 +Gate Rate 210,00 25YD ODen 60,00 4,50 105.00 Gate Rate 105 +Gate Rate 210,00 30YD Open 60,00 4,50 105,00 Gate Rate 105 +Gate Rate I 210,00 35YD ODen 60.00 I 4,50 105.00 I Gate Rate 105 +Gate Rate 210.00 40YD Open 60.00 ¡ 4,50 105,00 I Gate Rate 105 +Gate Rate 210,00 28YD ComDactors None Negotiated 105,00 Gate Rate 105 +Gate Rate Negotiated JOYD Compactors None I Neootiated 105,00 I Gate Rate 105 +Gate Rate Neootiated I 35YD Comoactors None Neaotiated 105,00 Gate Rate 105 +Gate Rate Neaotiated I 40YD ComDactors None I Neootiated 105.00 Gate Rate 105 +Gate Rate Negotiated I 42YD Compactors None Negotiated 105,00 Gate Rate 105 +Gate Rate Neaotiated Year 4 & 5 ROl/off Rates: RENTAL HAUL DISPOSAL TOTAL DEPOSIT SIZE TYPE DELNERY PER DAY PER LOAD PER LOAD PER LOAD PER CONT lOYD Open 60.00 4,50 105.00 Gate Rate 105 +Gate Rate 210.00 25YD Open 60,00 4.50 105,00 Gate Rate 105 +Gate Rate 210.00 JOYD Open 60.00 4,50 105.00 Gate Rate 105 +Gate Rate 210.00 35YD Open 60.00 4.50 105,00 Gate Rate 105 +Gate Rate 210,00 40YD ()pen 60.00 4,50 105,00 Gate Rate 105 +Gate Rate 210.00 28YD Compactors None Negotiated 105,00 Gate Rate 105 +Gate Rate Neaotlated JOYD ComDactors None Negotiated 105.00 Gate Rate 105 +Gate Rate Negotiated 35YD Compactors None Negotiated 105,00 Gate Rate 105 +Gate Rate Negotiated 40YD Compactors None Neaotiated 105,00 Gate Rate 105 +Gate Rate Neaotiated 42YD Compactors None Neaotiated 105,00 Gate Rate 105 +Gate Rate Neaotiated e 06118/97 garbage/grates.wk4 CITY OF NORTH RICHLAND HILLS . Department: Public Works Council Meeting Date: 8/10/98 GN 98-87 Subject: Approve Covenant with Thomas Adam Dunn and Agenda Number: Kimberly D. Dunn for Lot 6, Block 12, Stonvbrooke Addition (7109 Stephanie Court) -Resolution No. 98-34 Thomas Adam Dunn and Kimberly D. Dunn wish to retain five trees that are in the City right-of-way between the curb and the property line located at 7109 Stephanie Court. The City normally requires the trees to be removed to avoid conflict with utility lines and sidewalk. By this covenant, the owners agree to be responsible for the trees and acknowledge their responsibility to replace the trees if the City should need to remove the trees during maintenance. This is a standard agreement used by the City in this situation. Recommendation: To pass Resolution No. 98-34. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds AvallaDle Finance Director ~ clbtl(~ Page 1 of _ --' · · · RESOLUTION NO. 98-34 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The Mayor be, and is hereby, authorized to execute the attached City/Owner Agreement and Covenant with Thomas Adam Dunn and Kimberly D. Dunn, as the act and deed of the City of North Richland Hills, Texas. PASSED AND APPROVED this the 10th day of August, 1998. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City APPROVED AS TO CONTENT: · · · CITY/OWNER AGREEMENT AND COVENANT STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS WHEREAS, Thomas Adam Dunn and Kimberly D. Dunn, hereinafter referred to as "Owners" and the City of North Richland Hills, Texas, a municipal corporation operating under a Home Rule Charter, hereinafter referred to as "City" , desire to enter into an agreement concerning maintenance of trees and sidewalk along Stephanie Court. WHEREAS, Thomas Adam Dunn and Kimberly D. Dunn own that certain tract of land fronting on Stephanie Court said tract of land being Lot 6, Block 12, Stonybrooke Addition, also known as 7109 Stephanie Court, an addition to the City of North Richland Hills, Tarrant County, Texas. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto do hereby agree as follows: 1. The parties agree that the Owners are totally responsible for the trees in the public street right-of-way along the frontage of said Lot 6. 2. The City will not be responsible for replacement of any trees or sidewalk located in public right-of-way. If the City crews remove the trees and/or sidewalk during the maintenance operations, it will be the property owners responsibility to replace. 3. The Owners hereby execute this agreement as a Covenant that will run with the land described above and shall obligate the land and all successors and assigns of the Owners and shall inure to the benefit of the City. ~ ------ (hj ~--- o~~d~--~~ Tho s Adam Dunn EXECUTED this the ~ ,1998. day of Page 1 of 2 Dunn covenant . . . STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on this the 31 day of Ju L V , 1998 by Thomas Adam Dunn and Kimberly D. Dunn. Commission Expires: Notary's Printed Name: rLb~l (_ GfW':>7- '2,-ß-O \ CITY OF NORTH RICHLAND HILLS: By: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City Page 2 of 2 Dunn covenant t CITY OF NORTH RICHLAND HILLS Department: P8rks 8nrl Rp.r.rP.::!tinn IIp.r::!rtmpnt Council Meeting Date: Subject: Approval of DART Municip81 Cnrrirlnr IIsp. I ir.p.nsp For the I STEA Cottonbelt Trail Agenda Number: 08/10/98 GN 98-88 The Cotton belt Trail Project is an ISTEA grant funded project awarded in November 1995. The Cities of Southlake and Colleyville also received ISTEA grants for a multi-use trail along the Cottonbelt in their respective cities. DART (Dallas Area Rapid Transit) is requiring the three cities of the Tri-City Trail Committee (TCTC) South lake, Colleyville and North Richland Hills to sign a Municipal Corridor Use License for use of their property. The Cotton belt Trail will be constructed within the property. The agreement outlines requirements for construction use and maintenance responsibilities for the trail. The three Cities of Southlake, Colleyville and North Richland Hills approved an Interlocal Agreement for the Cotton belt Trail, each city's TxDOT contract and the consultant contract. The Cities of Southlake and Colleyville have approved the DART Municipal Corridor Use License agreement. Upon approval by the City of North Richland Hills, the DART Agreement will be forwarded to TxDOT. The plans and specifications are scheduled to be complete by TxDOT standards in November 1999. The City will then bid the project and administer the construction contract. Recommendation: To approve the DART Municipal Corridor Use License for the Cotton belt Trail Project. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget _ Other ":::=:t::;' ~ ~ ~~ ---Qlifl!~ S4t:~~ Department Head S;gnature - - / IV 'Chy~ger CITY COUNCIL ACTION ItEM Flnance'Dlrector Page 1 of \ MUNICIPAL CORRIDOR USE LICENSE e This Agreement, by and between DALLAS AREA RAPID TRANSIT, ("DART"), a regional transportation authority, created, organized and existing pursuant to Chapter 452 of the Texas Transportation Code, as amended, (the "Act"), owner of a parcel ofland consisting of the former St. Louis & Southwestern Railway Company railroad corridor between Mile Post 616.60 (Brumlow Avenue) in Southlake and Mile Post 625.60 (at LH. 820) in North Richland Hills, being all of such corridor owned by DART within the city limits of the Cities of Southlake, Coleyville, Hurst and North Richland Hills (the "DART Property)" and THE CITY OF SOUTHLAKE ("Southlake"), THE CITY OF COLLEYVILLE ("Colleyville") and THE CITY OF NORTH RlCHLAND HILLS ("North Richland Hills"), each a Texas municipal corporation whose address is respectively: 667 N. Carroll A venue, South lake, Texas 76092; 5400 Bransford Road, Colleyville, Texas 76034; and 7301 NE Loop 820, North Richland Hills, Texas 76182-0609 (hereinafter jointly "Licensee"), WITNESSETH: In consideration of (1) Ten Dollars ($10.00) cash in hand paid by Licensee to DART, and (2) the faithful perfonnance by Licensee of all of the covenants and agreements contained in this Agreement to be performed by Licensee, DART HEREBY GRANTS A LICENSE to Licensee for the use ofa portion of the DART Property. 1. DART Property Condition. Licensee understands that the DART Property is an active railroad right- of-way upon which rail' operations re currently being conducted and that no obstruction within 25 feet from the centerline of any track shall be permitted by filling or by construction of any type of bridge, fence, walkway or any other structure or any landscaping. e 2. The Licensed Property. The specific land to which this License shall apply (the "Licensed Property") is a portion of the DART Property, not exceeding twenty feet (20') in width, extending approximately µ.ine (9) miles between Brumlow Avenue in Southlake and LH. 820 in North Richland Hills as shown on Exhibit "A" attached hereto and incorporated herein for all pertinent purposes. 3. Use of the Licensed Property. The Licensed Property shall be used by Licensee for construction and maintenance of a trail for hike and bike transportation and other similar recreational purposes only. No improvements of any kind may be constructed on the DART Property nearer to the centerline of any track than twenty five (25) feet and no use may be made of the Licensed Property which would in any manner interfere with on-going rail operations being conducted on the DART Property. In addition to the construction of such trail on the Licensed Property, and subject to the twenty five (25) foot setback requirement, Licensee may plant flowers and grass on the DART Property in addition to that vegetation existing at the time this License is executed. The construction of the trail and the planting of flowers and grass are hereafter sometimes called the "Permitted Improvements" Under no circumstances shall the DART Property or any part thereof be used by Licensee for the parking of automobiles, trucks or other motor vehicles. FURTHER, IT IS STIPULATED, AGREED AND UNDER- STOOD BY ALL PARTIES THAT THE GRANT OF THIS LICENSE IS NOT IN ANY WAY TO BE CONSTRUED AS A DEDICATION OF ANY RIGHTS TO THE PUBLIC FOR ANY PURPOSE WHATSOEVER. 4. Consideration for Use of the Licensed Property. As consideration for the granting of this License for the use of the Licensed Property, Licensee covenants and agrees to mow and otherwise keep and maintain the entirety of the DART Property situated within Licensee's respective city limits (and the one mile within the city limits of the City of Hurst) free of debris and any material which would result in unsafe and/or unsanitary conditions. 5. Term. This license is granted for an initial term of five (5) years beginning on the ftrst day of November, 1999 and terminating at 12:00 mid-night on the last day of June, 2004. e H&B-MUNI: Rev, 6-23-98 Page 1 of 6 e 6. Option to Renew. Subject always to DARTs future need to use the DART Property, Licensee shall have two (2) successive options to renew this License for five (5) years each under the same terms and conditions as provided herein. Each of said options may be exercised by Licensee giving written notice as provided herein to DART not more than twelve (12), nor less than three (3) months before the expiration of the then existing term, of Licensee's election to exercise said option. Licensee's right to exercise either of the foregoing options is conditioned on Licensee's timely performance of all of the duties and obligations on its part to be performed under this License so that, at the time of the exercise of the option, Licensee shall not be in default hereunder. 7. Nonexclusive License. This License is nonexclusive and is subject to (a) any existing utility, drainage, or communication facility located in, on, under or upon the DART Property, owned by DART, any utility or communication company, public or private; (b) all vested rights presently owned by any utility or communication company, public or private, for the use of the DART Property for facilities presently located within the boundaries of the DART Property; (c) any existing lease, license, trackage-rights, or other interest in the DART Property granted by DART to any individual, corporation or other entity, public or private; and future use as provided in § 14. 8. Construction by Licensee. Prior to commencing construction of any improvements upon the Licensed Property, Licensee shall submit to DART for review and approval Licensee's proposed construction plans showing the exact location, type and depth of the construction and any proposed temporary working area. DARTs review and approval shall not be unreasonably delayed or withheld, but no such construction work shall commence until said plans have been approved by DART and the operating railroad(s). All such construction shall be carried out in a good and workmanlike manner in accordance with the approved plans. If the failure to use reasonable care by the Licensee or its contractor causes damage to the Licensed Property or the DART Property, the Licensee and/or its contractor shall immediately replace or repair the damage at no cost or expense to DART. If Licensee or its contractor fails or refuses to make such replacement, DART shall have the right, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to DART upon demand. e 9. Governmental Approvals and Utilities. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal, state or local, required to carry on any activity permitted herein. Licensee shall pay for all utilities used in connection with the Permitted Improvements. 10. Mechanics' Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on or about the Licensed Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be affIxed to the Licensed Property by reason of any work done or materials furnished to the Licensed Property at Licensee's instance or request. 11. Maintenance of Completed Improvements. After the Permitted Improvements have been constructed, they shall be maintained by Licensee in such a manner as to keep the Licensed Property in a good and safe condition with respect to Licensee's use thereof. In the event Licensee fails to maintain the Licensed Property as required, upon discovery, DART shall notify Licensee of such occurrence in writing. In the event Licensee shall not have remedied the failure within ten (10) days from the date of such notice, DART shall have the right, but not the obligation to remedy such failure at the sole cost and expense of the Licensee. In the event DART exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to DART all costs incurred by DART upon demand. 12. Applicable Laws. Licensee shall comply with all applicable federal, state and local laws, rules, regulations and orders with respect to the use of the Licensed Property regardless of when they become or became effective, including without limitation, those relating to health, safety, noise, environmental protection, waste disposal and water and air quality. - H&B-MUNI: Rev, 1-5-98 Page 2 of 6 13. Environmental Protection. e 13.01. Licensee shall not use or permit the use of the Licensed Property or adjoining DART Property for any purpose that may be in violation of any laws pertaining to health or the environment, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), the Resource Conservation and Recovery Act of 1976 ("RCRA"), the Texas Water Code and the Texas Solid Waste Disposal Act. 13.02. Licensee warrants that the Permitted Use of the Licensed Property will not result in the disposal or other release of any hazardous substance or solid waste on or to the Licensed Property, and that it will take all steps necessary to insure that no such hazardous substance or solid waste will ever be discharged onto the Licensed Property or the adjoining DART Property or any other adjoining property, by Licensee or its contractors. 13.03. The terms "hazardous substance" and "release" shall have the meanings specified in CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the ;meanings specified in the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA as amended so as to broaden the meaning of any term defmed thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the State of Texas establish a meaning for "hazardous substance", "release", "solid waste", or "disposal", which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply. e 13.04. In the event Licensee causes any discharge, leak. spill, emission or pollution of any kind upon or from the Licensed Property, Licensee, at Licensee's expense, shall be obligated to clean all property affected thereby, whether owned or controlled by DART or any third party, to the satisfaction of DART (on DART property) and any governmental authority having jurisdiction thereover. 13.05. Licensee shall indemnify and hold DART harmless against all cost of environmental clean-up to the Licensed Property, the DART Property and all other adjacent property, resulting from Licensee's use of the Licensed Property under this License. 14. Future Use by DART or Operating Railroads. This license is made expressly subject and subordinate to the right of DART to use the DART Property, including the Licensed Property if necessary, for any purpose determined by DART, (including without limitation fiber optic and pipeline locations) and by the operating railroad for any railroad purpose as approved by DART, including without limitation, excursion train operations. 15. Indemnity. 15.01. To the extent permitted by applicable law, Licensee shall defend, protect, indemnify and hold DART, its directors, officers, employees, agents and assigns forever harmless and indemnified against and from any penalty, damage, charge or expense, including attorney's fees, imposed or incurred for any violation of any law, ordinance, rule or regulation arising out of the use of the DART Property by Licensee, whether occasioned by the neglect of Licensee, its officers, employees, invitees, successors or those holding under Licensee; e 15.02. To the extent permitted by applicable law, Licensee shall at all times defend, protect, indemnify and hold DART and any operating railroad harmless against and from any and all loss, cost, damage, charge or expense imposed or incurred. including attorney's fees, arising out of, or from any accident or other occurrence on or about the DART Property causing personal injury, death or property damage, resulting from use of the DART Property by Licensee, its officers, employees, invitees, successors or those holding under Licensee. H&B-MUNI: Rev, 1-5-98 Page 3 of 6 e e e 15.03. To the extent permitted by applicable law, Licensee shall at all times defend protect, indemnify and hold DART hannless against and trom any and all loss, cost, damage or expense, including attorney's fees arising out of or from any and all claims or causes of action resulting trom any failure of Licensee, its officers, employees, agents, contractors or assigns, in any respect, to comply with and perform all the requirements and provisions hereof. 16. Assignment. This License may not be assigned by Licensee without the prior written consent of DART. 17. Termination. This License may be terminated in any of the following ways: 17.01. By the written agreement of both parties; 17.02. By either party upon failure of the other party to perfonn its obligations set forth herein; 17.03. By DART if necessary for future use of the Licensed Property as set out in § 14; or, 17.04. By expiration of the Tenn. 18. Action Upon Termination of License. At such time as this License may be tenninated or canceled for any reason whatever, Licensee, if requested by DART, shall remove all improvements and appurtenances owned by Licensee and situated in, under, on, or attached to the Licensed Property and shall restore the Licensed Property to substantially the same condition existing at the date of execution of this License, at Licensee's sole expense. In the event Licensee fails or refuses to remove its improvements and restore the Licensed Property as required within thirty (30) days after termination or cancellation of the License, DART shall have the right (but not the obligation) to take possession of the Licensed Property and improvements for DART's use at no cost to DART, or to use such force as may be necessary to remove such improvements at Licensee's sole cost and expense, which cost and expense Licensee agrees to pay to DART upon demand. 19. Miscellaneous 19.01. Notice. When notice is permitted or required by this Agreement, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail, Certified, Return Receipt Requested, and addressed to the parties at the following addresses: DART: Dallas Area Rapid Transit P.O. Box 660163 Dallas, Texas 75266-7210 Attention: Railroad Management LICENSEE: City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Atten: City Manager H&B-MUNI: Rev, 1-5-98 Page 4 of 6 e e - City of Colleyville 5400 Bransford Road Colleyville, Texas 76034 Atten: Community Development Director City of North Richland Hills 7301 NE Loop 820 North Richland Hills, Texas 76182-0609 Atten: Parks & Recreation Department Either party may from time to time designate another or different address for receipt of notice by giving notice of such change of address. 19.02. Governing Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 19.03. Entirety and Amendments. This Agreement embodies the entire agreement between the parties and supersedes all prior agreement and understandings, if any, relating to the Licensed Property and the matters addressed herein, and may be amended or supplemented only by a written instrument executed by the party against whom enforcement is sought. 19.04. Parties Bound. This Agreement shall be bindirig upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 19.05. Number and Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa. IN WITNESS WHEREOF, the parties have executed this Agreement this _ day of ',1998. LICENSOR: DALLAS AREA RAPID TRANSIT BY: ROGER SNOBLE PresidentlExecutive Director LICENSEE: ::TYOFSO~ ~. Title: :~AJrLLE Printed Name: 'R,cJu.¡rd N!.uJto(\ Title: Mo..y 0 r CITY OF NORTH RICHLAND HILLS By: Printed Name: Title: H&B-MUNI: Rev, 1-5-98 Page 5 of 6 e e e APPROVED AS TO FORM: Office of DART General Counsel wK-~ Office of the City Attorney, City of South lake Office of the City Attorney, City ofColleyville Office of the City Attorney, City of North Richland Hills H&B-MUNI: Rev. 1-5-98 Page 6 of 6 e rn :>c: :J: -ª ~ > e I.J ..... _n n tIJ ..... ..... 1"1 rt" rt" c: ..... "<: 3 CD 0 1-'(1] o 0 HI ~ HI c;) ~en t1 PJ <: 0 "0 CD c: CD ::3 rt" <: c: ::r ..... CD I-' ::3 rt"PJ CD o ~ "0 CD H" t1 7n 0 "0 . IX) 0 0 l.J1-' (I] 01-' CD -CD 0- "<: <: ::r ..... ..... I-' ~ I-' CD CD PJ R'> ::3 0- Z 0 t:r t1 ..... rt" ~ ::r CD " rt" ..... t1 () PJ ::r ..... I-' I-' PJ ::3 0- :.s: PJ ::I: 1-'- ..... ::3 I-' I-' en (I] r1- t1 ::r CD ..... 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