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HomeMy WebLinkAboutCC 1997-02-10 Agendas crrtó~ ~ORTH RICHLAN6 HiLls "PRE,;,COUNCIL A(ÍENDA FEBRUARY 10, 1991 - 6:30 P.M. For the Meeting conducted at the North Richland Hills City Hall Pre-Council Chambers, 7301 Northeast Loop 820. ,- NUMBER ITEM ACTION TAKEN 1. GN97-01 Release of Covenants on Right-of-Way Property - Resolution No. 97-01 (Postponed at January 13 Council Meeting) (Agenda Item No. 12) (5 Minutes) , 2. GN 97-14 Intent to Reimburse Expenditures with Proceeds of Future Debt - Resolution No. 97-11 (Agenda Item No. 14) (5 Minutes) ., 3. GN97-16 Girl's Fast Pitch Softball Complex Change Order No.1 (Agenda Item No. 15) (5 Minutes) 4. IR #97-08 Request for Proposals for Garbage Service (25 Minutes) " 5. IR #97-07 Illegal Narcotics in North Richland Hills (5 Minutes) " 6. *Executive Session (5 Minutes) - The Council may enter into closed executive session to , discuss the following: A. Deliberation Regarding Real Pröpèrty Under GÓv. Code §551.072 NRH vs; Shires 7.' Adjournment - 7:20 p.m. POSTED *CJo~d dl,Je to subjEtct matter as provided by the Open Meetings Law. If any action is 0. contemptated,4twill be taken in open session. Date q ì ~ tJo. /II^- Time ~7~ CITY OF NORTH RICH LAND HillS CITY COUNCil AGENDA FEBRUARY 10, 1997 For the Regular Meeting conducted at the North Richland Hills City Council Chambers, 7301 Northeast Loop 820, at 7:30 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1. Items marked with an * are on the consent agenda and will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 581-5502 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Minutes of the Pre-Council Meeting January 27, 1997 5. Minutes of the Regular Meeting January 27 1997 6. Recognizing Mrs. Traci Cater as the 1997 Mrs. North Richland Hills International t Page 2 NUMBER ITEM ACTION TAKEN 7. Presentation of "Certificate of Achievement for Planning Excellence" Award 8. Presentation of Police Department Quarterly Report 9. Presentation by Boards and Commissions A. Investment Committee Minutes B. Parks and Recreation Board Minutes 10. Removal of Item(s) from the Consent Agenda 11. Consent Agenda Item(s) Indicated by Asterisk (12, 14, 16, and 17) *12. GN 97-01 Release of Covenants on Right-of- Way Property - Resolution No. 97-01 (Postponed at January 13 Council Meeting) 13. GN 97-13 Calling City Council Election - Resolution No. 97-10 *14. GN 97-14 Intent to Reimburse Expenditures with Proceeds of Future Debt- Resolution No. 97-11 - Page 3 NUMBER ITEM ACTION TAKEN 15. GN 97-16 Girl's Fast Pitch Softball Complex Change Order NO.1 *16. PU 97-17 Authorize Purchase of Motorola Radios for the Fire Department *17. PW 97-07 Approve City-Developer Agreement for CIP Water System Improvements with Oak Hills Joint Venture for the Oak Hills Addition - Section II 18. Citizens Presentation I 19. I Adjournment I I ros:¡: J/ ?~.q 7 9,' tj:;ã/!7L Time By ~7J:;P~ '- co -c c: Q) - co U D.. LL a:: Q) C) co .c '- co C) -0 Q) en ro Q) Q) 0:: 0... LL 0:: en ß}'~ "- o 0 a...c: o+-' "- ::J 0...« -o+-' Q) en -0 ~ C 0- Q) Q) EO:: E -0 en o c c 0«.0 Q) +-' "",:=ro LL..0:.¡:::j Q) C 0 ~::Jo) ro 0 Q) l-üZ I Q) "- a.. 0... LL 0:: Q) en t Q) > -0 « oo~ ~ N N I I ..c o IIII:t '-MN ca I I :E =co '-N Co1 <C . . . "- Q) -0 > +-' 0 o "- ~o... C Q) o .0 ü 2: - Q) ~CJ) .- 0 LLI- C 0"E C ro .0 3: ü« «'+- _0 o Q) C 0 ::J:.¡:::j o 0 üZ ~-o +-' C ü« ~CD caN :E I . en C 0) Q) CO "- Q) -0 > o "- a.. Q) o 2: Q) CJ) ..c: +-' S +-' o ro "- +-' C o Ü ~ tJ) ::J C')~ ::J I <C . CITY OF N<$RTH RICHLAND HILLS Purchasing REQUEST FOR PROPOSAL The City of North Richland Hills is accepting Request for Proposals for the solid waste collection and recycling service contract, per the attached specifications and General Conditions. Six (6) cOlJies of the proposal must be submitted by 4:00 p.m., March 24, 1997 in a sealed envelope with the following information marked plainly on the front: City Secretary c/o Purchasing Agent City of North Richland Hills Purchasing Department 7301 NE Loop 820 North Richland Hills, Tx. 76180 Proposal # 97-712 Waste & Recycling Service Contract It will be the Proposer's responsibility to allow sufficient time to insure delivery by the date and time specified above. Proposals received after 4:00 p.m., March 24, 1997 will not be accepted and will be returned unopened. Questions regarding the attached specifications may be directed to Larry J. Cunningham, Assistant City Manager at 817/581-5507. The City of North Richland Hills reserves the right to reject any or all proposals and act in the best interest of the City of North Richland Hills. P,Q. Box 820609 · North Richland Hills, Texas· 76182-0609 7301 Northeast Loop 820 · 817-581-5500· FAX 817-656-7503 TABLE OF CONTENTS GARBAGE AND RECYCLING RFP Page 1 Garbage RFP 13 Attachment "A" - Rate Pro 22 Attachment liB" - Gener Draft 42 Attachment "C" - Propo Contr 43 rnate Proposal 45 CITY OF NORTH RICHLAND HILLS REQUEST FOR PROPOSALS COLLECTION AND DlSPOSAUPROCESSING OF SOLID WASTE AND RECYCLING Introduction " Instructions to Proposers III Proposal Checklist Attachment "A", Rate Proposal Attachment "B", Draft Consolidated Contra Attachment "C", Proposed Amendments to Attachment liD", Optional Alternate Pr Attachment liE", Optional Alternate Family Recycli Attachment "F", Map of the Cit 1 I. INTRODUCTION SCOPE OF SERVICES: The City Council of the City of North Richland Hills invites firms and qualified professionals to submit proposals for a Solid Waste Collection,tnd Recycling . . ,.4¿,,,,ý C?lIectlon ~onsohdat~d Contract (the Cont~act ~Attachment liB"}) f¡. er of North Rich/and Hills (The City). The Contract period will be fiv (5) yea ~nnlng on August 1, 1997, and ending July 31,2002, with an option to e the r two (2) years. This RFP is for services consisting of the items conta in th, ,e" C chme, n,,~ijl,. ']3~. Through the Contract, the City has established so inimu~érv ent~. However, if the proposer believes that there are 0 ways1fõ effective'~:ntly deliver the services, the City encourages creativit proposals via sted amendments/modifications to the Contract. Any p anges or modifications to the services described in the Contract must be made in "C". Modifications or changes will be considered on a case by case bas . An ubmitted to the City shall be for services specified and delivered in acco ance tract as written or as amended pursuant to Attachment "C". any form, instrument, äitions existing, shall in no oposal or the Contract. The City of ilable to the Proposers. 1. nä Hills, located in Northeast Tarrant UnlClp .29 square miles in size and has a 52,500. The City has a total of approximately 15,088 ts. There are 31 apartments complexes ·3 units. Commercial, business, and industrial ately accounts. The majority of the multi-family, nd industrial are containerized accounts. , Prpposal (RFP) is intended to serve as the proposal form for the The City, in its desire to provide solid waste service, seeks a firm or ofessional organization to: Collect and transport solid waste from residential, institutional, commercial, and industrial units within the City of North Richland Hills to a designated disposal site. B. Collect and transport residential and commercial/industrial recyclables to a materials recovery facility. 2 C. Maximize sanitary and aesthetic living conditions for North Richland Hills citizens. D. Maintain positive communications with the City and the customer. 4. 3. 3 II. INSTRUCTIONS TO PROPOSERS This section, INSTRUCTIONS TO PROPOSERS, outlines the general conditions under which the proposal shall be made as well as instructions on how to prepare and submit the proposal to the City. It also outlines the procedures that will be followed in sefècting the successful proposal and in completing the Contract. 1. APPLICABLE LAW - The City has determined meaning of Chapter 252, Local Government Many other statutes, regulations and guideli proposed, i.e. FCC, FAA, and others and m conduct business. Proposers must be famih provide this service. All proposers must be a State of Texas. nty, and local laws. Ice, to comply with all of rth Richland Hills, Tarrant ese laws may now read or 2. osals. a s, and selects proposals reasonably qualified for ers enter into discussions and revisions of proposal, as A. RFP Release - In accordance with State law, notice of the time and place, when and where, the proposed Contract shall be let shall be published in the local newspaper once a week for two consecutive weeks prior to the time set 4 for letting the Contract. The first publication will be printed at least fourteen days prior to the date set for letting the Contract. B. Preproposal Conference - The City shall hold a preproposal conference with potential proposers concerning requirements at the date, time and location announced in the cover letter. C. Opening of Proposals - All proposals must be in th Purchasing Agent on behalf of the City Se;çretary opening date and time shown on the C9t(~letter, at the Purchasing Office at City Hall, 730~ Northea Richland Hills, Texas 76180. Proposals shall be opened by the Ci to competing offers and maintain con I negotiation. Proposals will not be pu ^ proposers to clearly mark and identi the proposer's opinion, contain other proprietary information I lifi Pr I - The City of North Richland e proposals submitted by all proposers. On the basis of the rela .~: .,' ~anc~ of price .and ot~er evaluation factors, the City of. North Rig lana Hills will determine which proposals are reasonably qualified for the aWard of the Contract. Thß{ Y of North Richland Hills may, at any time, investigate a proposer's ;¡;;:~",V' ility to perform the services. The City of North Richland Hills may ask for dditional information about the company and its service on previous Contracts. Proposers may choose not to submit information in reply to the City of North Richland Hill's request; however if failure to submit such information does not clarify the City's questions concerning the ability to perform, the City may discontinue further consideration of a particular proposal. 5 The City of North Richland Hills would typically be interested in previous experience in performing similar or comparable services, business and technical organizations, staffing and personnel turnover; customer lists; financial statement of resources for current and past periods; or other relevant information. Please be aware that the City of North Richland Hill information not supplied by the proposer c ncernin this work. Such sources may include c or p organization; current or past suppliers' cles fro such as industry newsletters or from -publis e to the City of North Richland Hills. ay u 'sources of , ,¡¡I,S'( 6illties to perform rs of the ~ftv . hed sourœs [;~'J lable E. Ex c r - The City Council, by Council Resolution, shall authoriz f the Contract to the successful proposer and designate the success, poser as the City of North Richland Hills Contractor, subject to executi~rj of the requisite Contract documents by City and Proposer. The City o.Í:ìNorth Richland Hills will require the Proposer to sign the necessary C£i'¢~t documents, which includes the req~ired ,?ontract a~d the necessary l¥órmance and Payment Bonds, and provide eVidence of Insurance as equired under the Contract documents. No work shall commence until the Contract documents are signed. No Contract shall be binding on the City until it has been executed by the Mayor. Further, no Contract for this project may be signed by the 6 City of North Richland Hills without the authorization of the North Richland Hills City Council. 4. After the Contract is signed, the City will not make allowances for any failures by the designated Contractor, which affect the ability to provide services explicitly included in the Contract. H. Execution of Appropriate Bonds - The designated the Performance and Payment Bonds an Proof requirements as set forth in the Contra st fo paid by the designated Contractor. P of Insur the executed Contract. I. Failure to Execute Contract or Bonds required Payment and Performance completed Contract documents are d Hills shall entitle the City of North Rid land , retain the proposal security. In t the CI be required to re-advertise b failure document, the defaulting . ib inancial Experience erences; Rate Propo ,', achment "A"); proposed~endments to Consolidated Contract (Attachment "C") Dis~osa~~~ ~rocessing Sites; EqulQrt}ðnt Listing; er Satisfaction Program; cription of Residential Plan/Schedule; Optional Alternate Proposal - "Pay As You Throw" Residential Garbage Collection Service (Attachment "D"). O. Optional Alternate Proposal - Commercial, Industrial, and Multi-Family Recycling (Attachment "E") 7 5. DESCRIPTION OF REQUIRED DOCUMENTS A. Sealed Package - The entire package ( or individual copies or volumes, as you desire) must be sealed and addressed to City Secretary in care of the Purchasing Agent, Purchasing Office, City of North Richland Hills, 7301 Northeast Loop 820, North Richland Hills, Texas 76180. Mark plainly on the outside of the package the title of the procurement to which tt}øf;proposal is submitted. Indicate the opening time and date on th aç~?9é and clearly indicate a return address. A minimum of ix cop·"'!!é proposal shall be submitted for evaluation. All responses, and accompanying d of the City of North Rich/and Hills. p~'j;~ makes absolutely no guarantee that i information submitted in this bid. Ven proprietary or any other information tha ~ disclosed without their approval. " B. . orizing agent or others to sign the proposal must be A r r", '~r I ri - No proposal will be considered unless it is accompªpied by a Cashier's Check or certified check on any state or nation~:bank, or acceptable bond, payable unconditionally to the City ~~Øth Richland Hills. The Cashier's Check, ?ertified. ch.eck, o~ Bond shall em an amount of not less than $50,000. This security IS reqUired by the ¡ty of North Richland Hills as evidence of good faith and a guarantee that, if awarded the Contract, the Contract and required bonds will be executed and proof of insurance provided. 8 Refusal to execute the Contract in accordance with the proposal, or failure to give such bonds as may be specified in the Contract documents, shall cause forfeiture of the proposal security. The proposal security, if a negotiable instrument, will be returned after the City and the successful proposer for the project have executed the Contract, or if no award is made. D. Executive Summary - Each proposal mustçontain that contains a brief description of the¡£~"'~ onte E. Firm Background - Provide a brief de. ription ~, ist including current size, and how man9~~itthe firm a engaged in solid waste collection anêl'j: "Osal and recycling ,cessing. Also include the names, qualification experience and other detailed background information of ~i 0 ement team directly responsible for local operations. F. G. City's name: Address: Contact: Telephone number: o s Am n m n n Ii n r - Provide any proposed odifications or amendments to consolidated contract on the sheets provided in Attachment "C". Note: If nothing is provided in this section, it will be assumed that the formal proposal is for the services as specifically described in the Contract. The City has established some minimum requirements in the Contract, however, if the proposer believes that there are other ways to effectively and efficiently deliver the services, the City 9 encourages creativity in formal proposals via suggested amendments/modifications to the Contract through this section. J. Disposal and Processing Site - With regard to the disposal site and processing site pursuant the services requested in this RFP, provide the name of the owner and operator of the site(s), the location of the site(s) and proximity to North Richland Hills, site(s) permit/license informâtron, and ~, ,)<'·'V evidence of ownership, lease or contractual agree" tS4~Ý.J;the proposer for use of the site(s) for the duration of t'tract period. K. L. iled description of customer ber of customer service uiries, sample ion, customer plicable information. M. D ri ion f R in" I n/ ti ' ribe the proposed I."" LIf' plan/schedule for th~c6l1ectiol1~bf residen arbage and recyclables. This m.ust incl~deAªy.l of theFeek fO~4ì~lIection and method for al.locating collection eqUlP~'and' an res.l..~~ces pursuant to the collection plan. Also describe tti.~'fype(s) fuséÒ"ntainers acceptable under this plan. - At the CONFIDENf ITY - In accordance with state law, proposals shall be opened so s to avo' isclosure of contents to competing proposers and shall be kept confidential during the process of negotiation. All proposals d for this RFP shall be open for public inspection after Contract ward. Clearly marked and identified trade secrets and confidential information contained in the proposal shall not be opened for public inspection upon mere request under the Open Records Act. Such matters will be returned to proposer, upon request, after award of the Contract. If a third party 10 challenges the trade secret or confidential nature of certain information, it will be the responsibility of the proposer to defend that challenge. 7. DISQUALIFICATION OF PROPOSERS - Proposers may be disqualified for any of the following reasons: A. Reason to believe collusion exists among the proposers; B. The proposer is involved in any litigation against th ';:", ity Richland Hills; C. The proposer is in arrears on an existin perform on a previous Contract with t D. Lack of financial stability; E. Failure to use the City of North Richl 8. PROPOSAL EVALUATION AND SELECTIO A. Evaluation Criteria - Each proposal services will be evaluated in th requirements as outlined in cling collection pect to the (1 ) (2) (3) (4) (5) rsified Service Provider in Multi-Family Collection and Recycling w - The City may determine the necessity, on a case by nducting personal interviews. The City is under no obligati terview any applicant. An interview is for informational purposes and does mean or imply any obligation on the part of the City. 11 III. PROPOSAL CHECKLIST 1. Read the RFP. 3. Read Attachment "B", General Service Requirements/Draft Cqhsolidated Contract. If appropriate, make proposed Change#difiCa Contract that constitute a more effec~f~md effisi;, delivering services. These changes fe made' ,)1Attac ,. 2. 4. Make rate proposals based on the C proposed changes/modifications in A are detailed in Attachment "A". 5. Organize the proposal packet i RFP, Page 6, Section 4, cal e, Documents" must be inclu e a 12 ATTACHMENT "A" RATE PROPOSAL - RESIDENTIAL Company Name: * 1. Residential Curbside Garbage Pick-Up Includi Fees - a. Year One *$ per month b. Year Two *$ per month c. Y ear Three *$ d. Regular Service: costs, exclusive of city and state sales tax. Rates can be a o t, a percentage of base after the first year, or another 13 ATTACHMENT "A" RATE PROPOSAL - RESIDENTIAL -CONTINUED- Company Name: * Backdoor Service: 2. a. Year One *$ per month b. Year Two *$ per month c. *$ 14 ATTACHMENT "A" RATE PROPOSAL - RESIDENTIAL -CONTINUED- Company Name: .ri]> ,.'~ > * 3. Residential Recycle Pick-Up Including Billing a Regular Recycling: a. Year One *$ per month b. Year Two *$ per month c. Year Three *$ d. costs, exclusive of city and state sales tax. Rates can be a , a percentage of base after the first year, or another 15 ATTACHMENT "A" RATE PROPOSAL - RESIDENTIAL -CONTINUED- Company Name: * Backdoor Recycling: 4. Residential Recycle Backdoor Pick-Up Includin a. Year One *$ per month b. Year Two *$ per month c. Year Three *$ d. osts, exclusive of city and state sales tax. Rates can be a a percentage of base after the first year, or another 16 ATTACHMENT "A" CONTRACTOR PROPOSAL - COMMERCIAL, INDUSTRIAL AND MULTI-FAMILY YEAR ONE Company Name: Commercial, Industrial and Multi-Family Front Load Rates Including Franchise/Billing Fees: PICK-UPS PER WEEK *1. SIZE 1X 2YD 3YD 4YD 6YD aYD * 1A. Casters: $ * 1B. Locks: $ 2X 3X 4X per month per month *2. Commercialllndustrial Handload Including Franchise/Billing *3. t5EPOSltll 13 *4. Recyclable Container Rates Including Franchise/ PICK-UPS PER WEEK ~~-I aYD 1X eXTRA -II Rates can be a specific dollar amount, 17 ATTACHMENT "A" CONTRACTOR PROPOSAL - COMMERCIAL, INDUSTRIAL AND MULTI-FAMILY YEAR TWO Company Name: Commercial, Industrial and Multi-Family Front Load Rates Including Franchise/Billing Fees: PICK-UPS PER WEEK c== *1'1'1 SIZE 2YD I· 3YD 4YD 6YD 8YD 1X 2X 3X 4X * 1A. Casters: $ per month * 1B. Locks: $ per month *2. Commercialllndustrial Handload Including Franchise/Billing Fees: *3. f SIZE DELIVERY i' 20YD 25YD if 30YD !L 35YD II 40YD,~" " DEPOSIT *4. Recyclable Container Rates Including Franchise/ PICK-UPS PER WEEK :~ffI EXTRA Rates can be a specific dollar amount, 18 ATTACHMENT "A" CONTRACTOR PROPOSAL - COMMERCIAL, INDUSTRIAL AND MULTI-FAMILY YEAR THREE Company Name: Commercial, Industrial and Multi-Family Front Load Rates Including Franchise/Billing Fees: *4. PICK-UPS PER WEEK *1. SIZE 1X 2YD 3YD 4YD 6YD 8YD * 1A. Casters: $ * 1B. Locks: $ 2X 3X per month per month *3. Commercial, Industrial and Multi-Family Billing Fees: DEPosrD 'I :1 I' j Recyclable Container Rates Including Franchise/ PICK-UPS PER WEEK SIZE 6YD 8YD 1X EXTRA Costs, Exclusive Of City And State Sales Tax. Rates can be a specific dollar amount, after the first year, or another methodology, 19 ATTACHMENT "A" CONTRACTOR PROPOSAL - COMMERCIAL, INDUSTRIAL AND MULTI-FAMILY YEAR FOUR Company Name: Commercial, Industrial and Multi-Family Front Load Rates Including Franchise/Billing Fees: *3. Commercial, Industrial and Multi-Family Billing Fees: PICK-UPS PER WEEK *1. SIZE 1X 2YD 3YD 4YD 6YD aYD * 1A. Casters: $ * 1B. Locks: $ 2X 3X 4X per month per month ii fL iL *4. Recyclable Container Rates Including Franchise/ PICK-UPS PER WEEK slzg 6YD aYD 1X EXTRA I I Rates can be a specific dollar amount, 20 ATTACHMENT "A" CONTRACTOR PROPOSAL - COMMERCIAL, INDUSTRIAL AND MULTI-FAMILY YEAR FIVE Company Name: Commercial, Industrial and Multi-Family Front Load Rates Including Franchise/Billing Fees: *4. PICK-UPS PER WEEK *1. SIZE 1X 2YD 3YD 4YD 6YD aYD * 1A. Casters: $ * 1B. Locks: $ 2X 3X 4X per month per month *3. Commercial, Industrial and Multi-Family Billing Fees: Recyclable Container Rates Including Franchise/ PICK-UPS PER WEEK SIZE 6YD aYD 1X EXTRA Rates can be a specific dollar amount, 21 .._.,"_.~-~_._--_._--"".~.,_...~_.,--_....,---~ ATTACHMENT "B" - GENERAL SERVICE REQUIREMENTS DRAFT CONSOLIDATION CONTRACT THIS CONSOLIDATION CONTRACT (the "CONTRACT") is made and entered into on August 1, 1997, by and between the CITY OF NO,RTH RI.~~~lAND HILLS, a municipal corporation of Tarrant County, Texas (herein~~~r r êtred to as "CITY") and authorized to do business in the tate ofAAli,,~'),. reinafter referred to as "CONTRACTOR"). WHEREAS, the City desires to provi customers within its corporate limits with solid wa and recycling services for a term of 5 years endin WHEREAS, the City strongly encour actively pursue recycling opportunities in order to attain established in Senate Bill 1340; and rs and the Contractor to ling goals as WHEREAS, the Contract Request for Proposals (RFP) dated ~e recycling services on a Contract ba 'ò ~ 1. to CONTRACTOR a Contract to engage in the ,Qsing of all residential and commercial Recyclable nd Special Waste as defined herein below which is corp , e limits of the CITY and, further, hereby grants to e and permit to use the public streets, alleys, easements , n the limits of the CITY for said business during the term of Term. The ¡~m of this Contract shall be for five (5) years commencing on August 1, 1997.,Jä9?terminating on July 31, 2002. The term may be renewed for ""e terms of two (2) years each, by mutual consent of the parties hereto. efinitions. Wherever used herein, the hereinafter listed terms shall have the following meanings: A. Acceptable Waste: Any and all waste that is solid waste, including brush, garbage, yard waste and trash, as solid waste is defined under the 22 laws of the United States and/or the State of Texas and/or the regulations promulgated thereunder and that is acceptable for disposal in a Landfill, except for "Unacceptable Waste", as defined herein. B. Backdoor Garbage Service (Elective Carry-Out Service): Refuse pickup from behind the building line. The refuse shall be placed in front on the building facing the street in such a manner clearly visible from the str~êt~s to be accessible without entering a gate. Backdoor Garba ';¡¥.iêr shall be pro~ide~ at an additional charge as later~cified . .c1l&ument for all residential households who request the ,Ice. C. By-Products With Residual Value: An commercial by-products or significan company which have a residual valu cardboard and packing materials). D. E. F. Waste 0 Recyclable Materials to be picked o ed at the curbside of the street , If there is no curb, where the customer's cks, bricks, lumber, plaster, sand or gravel, other , automobile frames, or large, uncut dead trees. iners: Any plastic bag or cardboard box with a capacity or ree (33) gallons or less and which is capable or containia g bage or trash without leaking or emitting odors, and which hen loaded, less than fifty (50) pounds. Ga age: Refuse animal or vegetable matter (as from a kitchen or food essing facility), tin cans, bottles, sacks, clothes, extinguished ashes, aper (not including heavy accumulations of newspapers and magazines) and any other household waste which is damp or capable of emitting noxious odors. J. Multi-Family/Apartment Residential Complex: A structure in which three or more families reside and claim as their permanent address. 23 K. Permanent Containers: Any closed, waterproof, plastic or metal container or can with a capacity or volume of thirty three (33) gallons or less and which is capable of containing garbage or trash without leaking or emitting odors, and which weighs, when loaded, less than (50) pounds. L. Recyclable Materials: Newspapers/ Paper Products: Glass Bottles and Jars: Cans: Cans onl composed metal. Plastic: s. Bottles in this Other: rs: Twenty (20) gallon container with a lid provided by residential Customer at no charge. : An ' aste, even though it may be part of a delivered load of 'nsignificant quantities found in residential waste, which is: d 4'..8. InS as such by the laws of the United States and/or the State of , ~as and/or the regulations promulgated thereunder; or edical waste, including infectious or pathological waste from laboratories, research facilities, and health and veterinary facilities; and dead animals and/or slaughterhouse waste; or sludge waste, including water supply treatment plant sludges and stabilized and/or unstabilized sludges from municipal or industrial wastewater treatment plants; or 24 (5) (6) (7) (8) (9) (10) (11 ) (12) (13) (14) eral or state law, statute, It, or permit condition, which his Contract, requires special or f se other than garbage, debris, brush, household . Trash shall include grass, yard clippings, leaves, acc lations of newspapers and magazines, Recyclable s and other household trash of like kind, but shall not us Wastes. Unacce "able Waste: Any and all waste that is either: waste which is now or in the future prohibited from disposal at a sanitary landfill by state, federal and/or local laws and/or the regulations promulgated thereunder; or (2) "Hazardous Waste"; or (3) "Special Waste", as defined herein; or (4) waste which is prohibited from disposal at the Landfill by CONTRACTOR including tires, concrete, and bulk petroleum or chemical products or by-products; or 25 (5) (6) (7) (8) liquid waste, as defined herein, and septic tank pumpings and grease and grit trap wastes; or sludge waste, including water supply treatment plant sludges and stabilized and/or unstabilized sludges from municipal or industrial wastewater treatment plants; or dead animals and/or slaughterhouse waste, except for animals euthanized under the authority and direction of CONI¡{ACTOR; or any waste, including "Special Waste" as defi ~ :~fh, which bec~use o.f its quantity, concentraÿ~n, fre isp?sal, reqUired disposal procedures, r mrâtory s YSlcal, chemical infectious or other ch cteristics' or may jeopardize the environmentall und 0 tion site, as determined by CONTRAC in it ole discre Q. Yard Waste: Grass or shrubbery cutti materials accumulated as the result ø and trees. Yard waste does not inc ode foo fruits or vegetables. 4. Residential A. r . Every owner, agent, e tial premises in the CITY ollowing duties and obligations: , entia I customer shall place brush or cannot: ced in disposable containers or permanent lengths not to exceed four (4) feet, tie same in k such brush or trash at curbside (as is hereinafter Secured: Each residential customer shall keep all such in use securely closed in such a manner as to prevent the s ,_ ng of the contents thereof and to render said contents i 'ccessible to insects, rodents and other animals. Draining Liquids: Each residential customer shall drain all Acceptable Waste and Recyclable Materials mixed with water or other liquids before placing the same into appropriate containers. (4) Placement of Waste and Materials: Each residential customer shall place appropriate containers containing Acceptable Waste, Recyclable Materials and tied bundles of brush at the curbside on the R.O.W. bearing such residential customer's address in such a 26 manner as to be easily accessible for collection and as to prevent Acceptable Waste, Recyclable Materials and tied bundles of brush from being scattered. (5) Residential Containers: Each residential customer shall provide and use containers (disposable or permanent) sufficient in number to hold the Acceptable Waste accumulating on the prell)i$~s. Only the '.,"';.1"/ recycling containers furnished by CONTRA .', R"fI be used for Recyclable Materials. (6) Special Waste: No residential permit to be placed for collecti (7) Time of Placement of Waste containers and tied bundles 0 curbside shall be placed at th more than twelve hours prior 0 the s later than 7:00 a.m. on t - duled c (8) (9) r ,n Ii i n - R i n i . It shall be the duty and n of ~OR to perform the following services: ion: ߨNTRACTOR agrees to make two (2) weekly for Acceptable Waste at least three working days apart 1) weekly collection for Recyclable Materials. Collections f yclable Materials from residential customers shall be on one of he same days that Acceptable Waste is collected. .txJ ONTRACTOR shall not commence service to residential customers prior to 7:00 a.m. and no collections will be made on Sundays or holidays (See Section "6.K" for more information about holidays). The recycling collection will be in addition to the regular twice weekly collection of acceptable waste. CONTRACTOR shall pickup both regular and backdoor service customers in the manner specified herein. 27 (2) Customer Service Number: CONTRACTOR agrees to maintain a toll free telephone number for the purpose of handling complaints and other calls regarding the collection service provided by CONTRACTOR. CONTRACTOR agrees to secure an annual listing in the appropriate telephone directory under the name by which it conducts business in the community. CONTRACTOR agrees to " keep said phones available for calls from 8:00 a.m. tt'ÐO p.m. every day except Saturday, Sunday and the " Ii a" et forth in Section (6.K) herein, and to keep id pho eiJ with sufficient competent personnel to handle nd i ring the above- mentioned hours. A daily log service I ints, inquiries and the action taken reon, s CONTRACTOR. (4) TRAC1.ªR shall collect all items placed on part of retc:t'?Waste collection cycle providing that th~t_re acce andfill disposal and the items are confáìnenzed in a ~6 ox. Brush and tree limbs must be tied ~ to exceed four (4) feet in length and fifty (50) Ibs. in ice includes construction and fencing materials omeowner resulting from repair and remodeling (3) TRACTOR agrees to labor at its own collect and dispose premises within , clean, healthful, and s , including stoves, furniture, hot water heaters, d:~ shers, etc., when placed on the curb, will be picked up as part ~~' ormal service collections. Federal Law prohibits the collection of , frigerator or freezer units unless certification is provided that CFC's have been removed by a certified technician. Other hazardous waste items that are not acceptable for landfill disposal include tires, batteries, petroleum products, paints and other chemicals and solvents identified by the U. S. Environmental Protection Agency. 28 (5) (6) (7) Free Landfill Days: CONTRACTOR agrees to provide two (2) free landfill days per year to all residential customers at the nearest available CONTRACTOR landfill or transfer station. All materials will be accepted provided that they are eligible for disposal in a permitted landfill. Landfill Disposal and Vehicle Standards: CONTRACrÇ>R agrees '\ ",~:'Y that the Acceptable Waste collected will be 's osª~jOf in compliance with the laws of the Stªte of T rr~ehicles used by the CONTRACTOR for the colle '1j~and ion of" " r1C} Acceptable Waste or Recyclab aterials%~ ected até311' times while in transit to preve akag~4t"t:f th ? scattering of materials or was to 'êl public stree, or properties adjacent thereto art all times be m ned in good repair. Further, such veh . be clearly marked with CONTRACTOR'S name and eDo in letters not less than four (4) inches in height andtlíall be I numbered on both sides and on the back 0 ck. All ' equipment shall be washed and deodorize ary, bu '<; " "minimum once each week, and shall be<ept in ndi ¡"";r. Larg~ Objects~~arge ~1ntity: jN' ~TRACTOR a~rees to provide an ~"II se.zJce for thgollectlon of large objects and ebris~ncluding j~)T1porary roll-off service. Upon custoni~ CQN.IRACTOR agrees to provide an f the co 0 e and dispose of such items and upon , tract b en CONTRACTOR and customer, the QR shall perform the service, The agreed upon fee for e paid by the customer immediately upon work performed. ïy Unit Recycling: See Section 5.B.(8). Np - öllection Days: CONTRACTOR agrees that no collections will g~ made on Sundays or Contract designated holidays (See .. ection "6.K" for more information about holidays). Residential Recycling Containers: CONTRACTOR shall provide for each residential customer a twenty (20) gallon container with a lid at no charge, which shall be dedicated solely for the collection of Recyclable Materials. Such container shall be delivered to each residential customer by the CONTRACTOR along with a brochure explaining how the container is to be used and other information pertinent to the recycling service. The CONTRACTOR shall charge 29 (11 ) (12) a replacement cost as recommended by the CONTRACTOR and approved by the City Manager for any recycling container which is lost, stolen, or destroyed after a residential customer is initially provided a recycling container. The residential customer shall not be responsible for any containers damaged or destroyed by CONTRACTOR. CONTRACTOR shall provide to commercial customers, containers sufficient in number and size t?J>"bld all of the customer's Recyclable Materials. (Note: Alt A te4~!htainer methodology should be identified i Attach ) g: CITY agrees to bill all residential customers served ,R. CITY further agrees to collect and remit all s tax e appropriate governmental authority and shall issue TRÄ 'I OR a Resale Certification. o CONTRACTOR: CITY agrees to pay to CONTRACTOR o efore the 15th day of each month the appropriate charges as h rein provided: 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 receipts (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 receipts (excluding all appropriate sales taxes) for billing and collection 30 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. 5. (3) Residential Acceptable Waste: CITY and CONTRACT >'R agree that the MONTHLY CUSTOMER SERVICE CH residential customers shall be as scribe (4) Residential Recycling: CITY a curbside residential recycling ""* provided in Attachment "A". ' may execute a request for an recycling charge. If requeste I each head of household 65 ~rs from the curbside Recycling ctíarge. Contractor the amount submi regular account, less (5) i Inri I Iii n I i- r. ery owner, agent, employee or person otherwise in mmercial, institutional, industrial and multi-family premises 'commercial customer") shall have the following duties and ontainers 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, 31 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 Material cumulating on the premises. (4) (5) ontainers: CONTRACTOR shall provide all commercial containers or Acceptable Waste or Recyclable Materials storage which are available upon request of the owner or occupant of any premises within the corporate limits of CITY, excluding single family and two family residences. The commercial containers provided by CONTRACTOR shall be equipped with suitable covers to prevent blowing or scattering of Acceptable Waste or Recyclable Materials while being transported for disposal of their contents, (ii) maintained in good repair, appearance, and in a sanitary condition, and (iii) 32 clearly marked with the CONTRACTOR'S name and telephone number in letters not less than two (2) inches in height, and (iv) emptied not less than one time each week, (2) Customer Service Number: CONTRACTOR agrees to maintain a toll free telephone number for the purpose of handling complaints .. and other calls regarding the collection service provid If y CONTRACTOR. CONTRACTOR agrees to ur annual listing in the appropriate telephone directo und e by which it conducts business in the comm CO R agrees to keep said phones available for s from ~;,~ :00 p.n:. every day except Saturday, S ay and~t~ ho I rt Section "6.K" herein, and to k ai ¿~ne staffe clent competent personnel to hand d inquiries du above- mentioned hours. A daily log 'ce calls, complaints, inquiries and the action taken t be maintained by CONTRACTOR. (3) Large Quantity: The CONTRACTOR agrees to I service for the collection of large objects and ns, including temporary roll-off service. Upon t by stomer, CONTRACTOR agrees to provide an f the cost to remove and dispose of such items and upon ntract between CONTRACTOR and customer, the C';;'w' ' ~CTOR shall ~erform the service., The ~greed upon fee for the service shall be paid by the customer Immediately upon mpletion of the work performed. Lawful Disposal: CONTRACTOR agrees that the Acceptable Waste collected will be disposed of in compliance with the laws of the State of Texas. All vehicles used by the CONTRACTOR for the collection and transportation of Acceptable Waste or Recyclable Materials shall be protected at all times while in transit to prevent leakage and the blowing or scattering of materials or waste onto the public streets of CITY or properties adjacent thereto and shall at all times be 33 maintained in good repair. Further, such vehicles shall be clearly marked with CONTRACTOR'S name in letters not less than four (4) inches in height and shall be individually numbered. All collection equipment shall be washed and deodorized as necessary, but at minimum once each week, and shall be kept in sanitary condition. (6) Non-Collection Days: CONTRACTOR agrees that n be made on Sundays or Contract designate lid Section "6. K" for more information out h ' (7) (8) 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 "A", which is attached hereto and incorporated herein by reference. 34 (2) Commercial, Industrial, Institutional and Multi-Family Recycling Charges: The service charge for commercial, industrial, institutional and multi-family acceptable waste recycling shall be as specified in Attachment "A". ,~ (3) Customer Billing: CITY agrees to bill all commercial, lU9EJstrial, institutional and multi-family customers serv y ~NTRACTOR. CITY further agrees to collect and mit all 'xes to the appropriate governmental autho . d s CONTRACTOR a Resale Cert' (4) Payment to CONTRACTOR: on or before the 15th day of herein provided: a. stitu sand Recyc f harges: For the ,RA ,OR agrees to pay the gross receipts (excluding e collection of acceptable Ices within the corporate limits of ss receipts (excluding all or billing and collection fee, for a total it to the CONTRACTOR its check in the unt of 9 II amounts billed for commercial, industrial, . nal and multi-family ACCEPTABLE WASTE and , a collected. The 10% not remitted for commercial, stitutional and multi-family billings (6% for billing and ction and 4% franchise fee) shall become the erty of the CITY. (5) R IS' ns: Any adjustment or revision from those rates approved 9 he City Council pursuant to this Contract shall be determined at , e 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. 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 35 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 dj~)Qse of any Special Wastes, or any other improper waste. ShoP'R.ACTOR elect to dispose of such materials, CONT ACTO ceive a fee or charge mutually acceptable to CONT R a requesting , disposal of such materials. CONTRA furth omply wi )~II applicable state and federal laws re ting co al waste, and to hold the City harmles n any persons or governmental agenc C. diligently pursue d uncollectible will be , ayment -offs will be , any bad debts nt will be added to the D. cyclin OR shall collect Christmas Trees rbside ick-up dates during a two week period tmas ach year during the term of the Contract. " er collected Christmas Trees to the City's Christmas Contractor shall provide a free mechanized mulcher cycling Center and provide sufficient staff to ulche the CONTRACTORS cost at a agreed upon date and ill be available for customers who donated Christmas Trees do not have to be cut or bound in any way and shall hole. If contractor decides to take trees to non-city recycling center fa mulching, the CONTRACTOR shall deliver mulch to City Center for citize" se. lalson: CONTRACTOR and CITY agree that the City Manager will be e 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. 36 F. City Ordinances: CITY agrees to pass such ordinances as are necessary to effectuate all terms of this Contract including all duties and obligations required of residential and commercial customers. G. Contract Execution: This Contract may be executed in any number of counterparts, each of which will for all purposes be deemed to be an original, and all of which are identical. H. Contract Validity: If any provision or portign of thi rea~on unenforceable, in~pplicable, O,~1I\",iî~idate . portion shall be reformed In accordani1;"'Wlth apph,. provisions hereof will remain in full fo æ1li and e!f~1fin t if such unenforceable, inapplicable ali'1é.l ed provisio contained herein. The invalidity, ina, " or unenforce of any provision or portion of this Contract s ct the validity, applicability or enforceability of the other provisioJ)' 0 of this Contract. I. Contractor Liabilityllnsurance: all risk of loss or injury to property or person erations under this Contract, and agrees to i[}~mni ss the CITY from all claims, demands, suitsfjµägmer)t ' c penses arising from any such loss or injury. It~$"express'l~ unde, that the foregoing provisions shall not in any Wl~!U~it l.iabilPY' of C~,~~TRACTOR. CONTRACTOR agrees to carry7fõf1owln' pes of ' ~urance: y - $1,000,000 Single Limit, bodily injury and e combined; and lability - $1,000,000 Single Limit, bodily injury and property age combined. CON»ACTOR agrees to furnish the CITY Certificates of Insurance ev·· Jicing that such insurance has been procured and is in force. ustomer Service: CONTRACTOR shall provide responsive customer service and maintain sufficient staffing thereto. Any and all complaints and inquiries received prior to 12:00 p.m. shall be resolved by the end of the CONTRACTOR'S work day. Any and all complaints and inquiries after 12:00 p.m. shall be resolved before 12:00 p.m. the next working day. The CONTRACTOR shall provide one contact person (name and phone #) for 37 any and all complaints and requests from City staff. The CONTRACTOR shall monitor its own operations for efficiency and shall periodically perform customer satisfaction surveys. K. Free Service to City: CONTRACTOR shall provide free pickup and disposal for all CITY facilities and properties in manners specified by the City. The ,}'\. CITY shall also have free dumping privileges during the ter fthis agreement at the nearest landfill or transfer station ,.~ d e CONTRACTOR. Free dumping is interpr~l~d as 0 charge or cost assessed to the CITY. CONTRACTOR '~"also no cost or feeJo ".) the City all services, materials, and eq ent relat . 's workplqêe recycling program. ,ø.... L. Holidays/Make-Up Days: CITY and following days shall be recognized a New Years Day Memorial Day Independence Day CTOR the next working at each customer receives ·ould normally be received in a rvice: I that the collection and disposal of or Reca e Materials should be interrupted by any forty-eight (48) hours, CITY shall have the right to dent arrangements for the purposes of continuing its residents in order to provide and protect the ty. If the in n in service mentioned in the paragraph above continues for a pe. seventy-two (72) hours, and is not caused by a catastrophe, riot, waJ~overnmental order or regulation, strike, fire, accident, act of God, chan~~ in laws, statutes, regulations or ordinances or other similar of di "nt contingency beyond the reasonable control of the CONTRACTOR, the CITY shall have the right to terminate the rights and privileges ranted in this franchise. N. Investigations and Public Hearings: The City Council shall have full power to examine or cause to be examined at any time, and at all times, the books, papers and records of CONTRACTOR with relation to the operation of the services set forth herein. In this connection, the CITY shall have the 38 right, through its Council, to take testimony and compel the attendance of witnesses or the production of books, papers and records and to examine witnesses under oath and under such rules and regulations as it may adopt. O. Judicial Interpretation: CITY and CONTRACTOR agree that if any term or provision of this Contract is submitted to a court for judicial~~~pretation that such court shall not apply the presumption whi es~~g»from the rule of construction that a document or its co ents is t4ftstrued against the person who himself or through his Þ pre me. P. Non-Collection: Should a dispute ar" and/or a customer as to whether the make a collection (whether the CON decision of the City Manager in such CONTRACTOR agree to abide by sai and agreed by and between CITY aAéI CO fails to timely place brush, per contain Recyclable Materials or co iners 0 inadequate containers for, e nat Waste or Recyclable M,a erials t, e' improper bundles or vo1umes of' ccept aste or Recyclable Materials for collection, CONØCTO ay refrvn from collecting all or a portion of such Acceptabl 'r~e or cyclabl ~'aterials and shall notify CITY of the reason for suc n-colleéfo C I RACTOR shall also provide notice to the custo e reas non-collection (unless such non- lIecti suit of t omer's failure to timely place the brush or iners . lection). Contractor's notice to the customer shall be , att e container or the front door of the residence or I busl ' d shall indicate the nature of the violation and the uire "order that such waste or recycling materials may then e next regular collection date. When CITY is notified by a custom ceptable Waste or Recyclable Materials have not been remove Ît his premises on the scheduled collection day and where no notice ~fJnon-collection nor a change in collection schedule has been receht',¿â from CONTRACTOR, CITY shall investigate. If the investigation disc '~d that CONTRACTOR has failed to collect Acceptable Waste or , clable Materials from the subject premises without cause, ONTRACTOR shall collect same within twelve (12) hours after a collection order is issued by CITY, at no additional charge. Q. Performance Bond: Contractor agrees that upon execution of this Contract and before beginning work, it shall make, execute and deliver to the City a good and sufficient surety bond in a form furnished by the City, to secure 39 the faithful performance of the terms and conditions herein. Such bond shall be in the amount of One Million Dollars ($1,000,000), and signed by the president or general officer of the Contractor, together with the signature of the corporate secretary and the corporate seal. The surety shall be a surety company duly authorized to do business in the State of Texas, and approved by the City. ,," R. Records and Reports: The CITY shall have access å to all CONTRACTOR'S records, customer ervice relating to the operation of the servicesrth h right to audit CONTRACTOR'S record on givi The following records and reports s (15th) day with the City Manager: (1 ) (2) ommercial accounts served. This list shall include address, frequency of pickup, size of container or na charges for same. TOR shall provide monthly customer service reports iI calls received, nature of calls, response times, etc. Revocatl n: In the event of an alleged breach by CONTRACTOR of any of the t~,~~, covenants, or conditions herein contained, CITY shall notify C.Q,'t"'fRACTOR of such alleged breach and if same is not cured within five 5)~èlays from such notice, CITY may, upon a determination (at a hearing as /'~scribed herein) that a breach has occurred, cancel and revoke this Contract. The hearing prerequisite to such revocation shall not be held until notice of such hearing has been given to the CONTRACTOR at the address shown on the records of the CITY, and a period of at least ten (10) days has elapsed since the mailing of such notice. The notice shall specify the time and place of the hearing and shall include the alleged reasons for 40 revocation or cancellation of the Contract. The hearing shall be conducted in public by the CITY'S City Council and the CONTRACTOR shall be allowed to be present and shall be given full opportunity to answer such charges and allegations as are set out against it in the notice. If, after the hearing is concluded, the City Council shall determine that a breach of the terms, covenants or conditions of the Contract, as set forth in the notice, has occurred, they may revoke and cancel this Contract and<tô~ same shall *, .ét,W;f' be null and void. This Contract may, at the option 0 e ~~, be terminated in the event of bankruptcy, recßivershi A~ignment for the benefit of creditors by the CONTRACT T. School Recycling: The CONTRACTQ available to each school at no charg CONTRACTOR and approved by th U. Spillage: CONTRACTOR will not be,,, an up or collect loose residential Acceptable Waste or Reèyclable not created by its operation, but if same is not d by C' OR, CONTRACTOR shall report f such Itions to CITY so that proper notice can be give~o he t ~esidence to properly contain such waste or 1JJ1ferials. pi ,ess Acceptable Waste or Recyclable Materials it.fthe location of rcial containers may be picke~ up by COfi¡~CTo~¡iter the l sto~er reloads the commerci~1 container. CO~~CTo~~rall the~ entitled t~, and . .shall receive, an extra collect~9¡ charg~~~a~fóaded container reqUiring an extra collection Q . d cONiR1rérolf"notifies CITY of such extra charge in e for ,~, e incluã ITY in such customer's monthly bills. uld suè cial spillage continue to occur, CITY shall require the cial c d CONTRACTOR to increase the frequency of f suc mer's Acceptable Waste or Recyclable Materials or ustomevto utilize a commercial container with a larger capacity OR shall be compensated for such additional services. CITY OF NORTH RICHLAND HILLS By: City Secretary 41 ATTACHMENT "C" PROPOSED AMENDMENTS TO CONSOLIDATED CONTRACT Company Name: 1. Replace, delete, amend: Section , Subsection (Attach marked-up copy of page of contract contai 2. Replace, delete, amend with: (Provide proposed wording. If deleting, write "dele 42 ATTACHMENT "0" OPTIONAL ALTERNATE PROPOSAL "PAY AS YOU THROW" RESIDENTIAL GARBAGE COLLECTION SERVICE 1. INTENT - The City of North Richland Hills may wish to pro .~, its hand collection customers on a "pay as you thr w" bas' volume based service is to provide collections re a for actual services rendered and a motivation.to custom:,>, wastes they generate, contributing to the qua,JID',.,:·::,,',f, of life '}~ovi', safe environment in which to live. "Pay as y~; row' III increas in curbside recycling and will necessitate inc~' e list of recycla collected at the curb. g~1P ge collection to ""'![¡fuent of this entation of co~~s the amounÍ'of and? ~"';":::7"'" tiòn 2. CITY REQUEST PROPOSALS FOR THE OF SERVICE - The Contractor will col all residential units with two or less f weekly as determined by the City:~a he e Contractor will provide a mean~~ doc~?ìen at each spe?ific a.ddress. fo" ~ purp~~e of bilhn documentation will specl' e folloWing: , p,rogram to be applicable to either hand collection Ä bar code system for documenting quantities may ction' ervice and for extra quantities in automated service it lize tag system whereby garbage without tags will not be ollected. The ay carry a bar code and should be sold to customers through the Ci 4í~. 0 ovide a revenue source for the collection of wastes in North Richland Hills resulting in a monthly fee for other solid waste management options lA,' such as recy,cfng and landscape waste collections and recycling. ctor shall in the event that separate landscape waste with a ency plan to include mulching and/or composting said wastes. Mulched wastes may be returned to the customer at the time of mulching. The Contractor shall provide a compost facility or utilize facility that is selected by the City. The Contractor shall provide a means for the collection and documentation of quantities for bulky wastes and unusual accumulations. 43 3. IMPLEMENTATION AT A LATER DATE - The City of North Richland Hills reserves the right to exercise its option choose this alternate proposal service at a later date within the term and in accordance with this Agreement. The Contractor agrees to honor this alternative option throughout the term of this Agreement. 4. Attachment "E" is strictly optional but any recommendations will be considered in the overall process. 44 ATTACHMENT "E" OPTIONAL ALTERNATE PROPOSAL RECYCLING FOR COMMERCIAL/INDUSTRIAL/ INDUSTRIAL & MULTI-FAMILY 1. 2. 3. Attachment liE" is strictly 0 . Ö the overall process. 45 -- INFORMAL REPORT TO MAYOR AND CITY COUNCIL N IR 97-07 o. --- ~ Date: T Subject: 2/10/97 Illegal Narcotics in North Richland HillS' The North Richland Hills Police Department utilizes three principal avenues of attack on the problem of interdicting illegal narcotics. The uniform patrol officers are constantly alert for signs of narcotics they may encounter during performance of their normal duties. Numerous seizures of drugs seldom occur, however these seizures are large in quantity. Since the creation of the Tarrant County Narcotic Intelligence and Coordination Unit (TCNICU) in 1985 the North Richland Hills Police Department has had one or more members in the Northeast section of this task force. All enforcement agencies (including the Sheriff's office and the Tarrant County District Attorney's office) have agreed to use this unit as their primary enforcement unit. The vast quantity of narcotic seizures (in terms of number of seizures) is done by this task force. We currently have one Sergeant assigned to Tarrant County - NICU - Northeast as a team leader supervising officers from five other agencies. The third and final thrust of our narcotics interdiction effort is the Drug Enforcement Administration (DEA) Task Force. This group is by invitation - only organized through the office of the Resident Agent in Charge (RAC) of the Fort Worth offices of the DEA. When this group was formed in 1987 we were a "charter member" and have had a detective (and sometimes two detectives) as part of this elite group. The thrust of the DEA is not at street level dope dealers, but is concentrated on supplier level or major distributors of narcotics. This eleven person task force geographically covers an area from Fort Worth to Abilene to Wichita Falls as well as Tarrant County. When (if) seizures are made by this group they tend to be significantly larger than TCNICU or local municipality seizures. Most DEA cases are complex and long term requiring several investigators and possibly the expenditure of significant monies. The most commonly encountered and seized drug is, of course, marihuana with over 17,000 ounces seized since 10/01/94 by all three sources described above. Over 47,000 grams of amphetamine and methamphetamine combined have been seized in a like period. While crack cocaine is not common (56.8 grams seized) powdered cocaine is extremely prevalent with 147,036 grams seized in the past 27 months. You will note that the attached chart (attachment "A") does not reflect the DEA statistics for the 1 st quarter of this fiscal year since they are not yet available. 5,670 "hits" of LSD have been seized with 4,280 units of licit drugs diverted into the illicit market. Opiates (heroin) has been spotty in its appearance with 4,265.92 grams being seized during the time frame of analysis; however of the 345.50 grams seized by TCNICU, 253.30 grams were seized in a single transaction during 1995-96. It is reliably reported that this heroin was not ever destined for N. E. Tarrant County but was interdicted during transshipment. Indeed our enforcement agents find heroin to rank low in the Hierarchy of drugs they encounter. Our School Resource Officer (SRO) reports that in North Richland Hills schools neither cocaine nor heroin has been encountered by our SRO, however both marihuana and LSD have been found on school campuses (Attachment "B"). Thirty-three times our children ...... have been found in possession of marihuana and three times LSD has been seized on school campuses in North Richland Hills. When this Fall semester begins we will have ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS IR #97- 07 Page Two three (3) SROs rather than the one (1) we now have. The two additional SROs (funded by the Crime Control District (CCD)) will be joined by a fourth SRO in 1998 (also funded by the cCD). At that time we will have an SRO at the Senior High School as well as all three (3) Junior Highs. As additional schools open, it is our intent to keep pace by adding an SRO to work on that campus. On October 31, 1997, our DEA representative will be returning to Criminal Investigations. She will be replaced with an experienced narcotics investigator currently in another' division. 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Welch Mark Wood Jo Ann Johnson Don Phifer Byron Sibbet C.A. Sanford Randy Shiflet Larry Cunningham Patricia Hutson Rex McEntire Greg Dickens Barry LeBaron Larry Koonce Terry Kinzie Jim Browne Richard Albin Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilman City Manager Assistant City Manager Assistant City Manager City Secretary Attorney Public Works Director Planning/Inspection Director Finance Director Information Services Director Park and Recreation Director City Engineer Linda Spurlock Sansoucie Councilwoman ITEM DISCUSSION ASSIGNMENT Mayor Brown called the meeting to order at 6:15 p.m. REQUEST OF E- The City Manager explained the request to the SYSTEMS POOL Council. There were no questions from the TRUST TO Council. V ACA TE BLOCKS 1 & 2, EL DORADO ADullluN Pre-Council Minutes January 27, 1997 Page 2 ITEM DISCUSSION ASSIGNMENT Mayor Brown asked Council if they would be JIM BROWNEI interested in forming a youth student council. VICKIE LOFTICE The student council would advise the Council of things that needed to be done to help the high schoolers and middle schoolers. He advised that the City of Killeen had a student council program and could provide materials. Ms. Vickie Loftice, Parks Department, was asked to get details on the program and report back to the Council. ~Æ"".~ RESTRUCTURING The Parks Director briefed the Council on the NAN TEEN AFTER need to restructure the program by upgrading SCHOOL the position of Teen After School Coordinator PROGRAM TO to a full-time position of Youth at Risk INCLUDE Specialist. Mr. Browne requested Council to UPGRADING provide interim funding for the remainder of the PART-TIME fiscal year. COORDINA TOR TO FULL TIME YOUTH AT RISK SPECIALIST AWARD OF BID Mr. Sanford advised that $1,964,000 was JIM BROWNE FOR budgeted for this project and the low bid was CONSTRUCTION $2,111,700. Mr. Browne advised a change OF GIRL'S FAST order would be brought to Council at a later PITCH SOFTBALL date to bring the project within budget. Mr. COMPLEX Browne advised that at Council's direction an additional pavilion was bid as an alternate. Funding for the additional pavilion is not currently available in the budget. Mr. Browne requested Council direction regarding the additional pavilion. Council directed Staff to add the pavilion to the project and bring the r .. h~~k to CrJlJII(;i. for -, Pre-Council Minutes January 27,1997 Page 3 ITEM DISCUSSION ASSIGNMENT APPROVE Mr. Sanford advised the CIP Committee had NAN 1996/97 CITY met and drove the streets that were proposed STREET to be overlaid. There were no questions from OVERLAY the Council. PROGRAM OTHER ITEMS Agenda Item No. 23 - PU 97-04 - Councilman Welch questioned why only one bid was received. Agenda Item No. 17 - PS 97-02 - Councilwoman Johnson advised she would like for Council to consider allowing the applicant to have curb cuts. Action taken in formal Council meeting. Agenda Item No. 24 - PU 97-05 - Councilwoman Johnson asked Staff to explain the different phases. Mr. Sanford advised that Phase I was the playground equipment. Agenda Item. No. 13 - PZ 97-01 - Councilwoman Johnson questioned allowing up to 12 children in a home day care. Staff explained the ordinance would be consistent with State law. Councilwoman Johnson asked about the different businesses that are allowed to operate in homes in the City. Staff to provide a list of permitted home occupation businesses to Councilwoman Johnson. Councilwoman Johnson advised she had received a complaint about the restrooms at Adventure World being locked on the weekend. Staff explained the restrooms were locked because a cold hard freeze had been anticipated and they had been winterized for the anticipated freeze. Pre-Council Minutes January 27, 1997 Page 4 ITEM DISCUSSION ASSIGNMENT ADJOURNMENT Mayor Brown announced at 6:55 p.m. that Council would adjourn to Executive Session for deliberation regarding real property under Government Code §551.052, for consultation with attorney under Government Code §551.051, and for personnel matters under Government Code §551.054. Tommy Brown - Mayor ATTEST: Patricia Hutson - City Secretary MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - JANUARY 27,1997 -7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order January 27,1997 at 7:30 p.m. ROLL CALL Present: Tommy Brown Mack Garvin Lyle E. Welch Mark Wood JoAnn Johnson Don Phifer Byron Sibbet Mayor Mayor Pro T em Councilman Councilman Councilwoman Councilman Councilman Staff: C.A. Sanford Randy Shiflet Larry Cunningham Patricia Hutson Rex McEntire Greg Dickens City Manager Assistant City Manager Assistant City Manager City Secretary Attorney City Engineer Absent: Linda Spurlock Sansoucie Councilwoman 2. INVOCA TION Mayor Pro Tem Garvin gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES OF THE PRE-COUNCIL MEETING JANUARY 13,1997 APPROVED Councilman Wood moved, seconded by Councilman Sibbet, to approve the January 13, 1997 Pre-Council Minutes. City Council Minutes January 27,1997 Page 2 Motion carried 6-0. 5. MINUTES OF THE REGULAR MEETING JANUARY 13,1997 APPROVED Councilman Sibbet moved, seconded by Councilman Phifer, to approve the minutes of the January 13, 1997 City Council meeting. Motion carried 6-0. 6. PRESENTATION OF PROCLAMATION BY MAYOR BROWN Recipient was not present. 7. PRESENTATION BY BOARDS AND COMMISSIONS No action necessary. 8. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 9. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (16,18,19,20,21,22,23,24,25,26,27,28, 29,30,31,32,33,35,36,37,38,39,40 & 41) APPROVED Councilman Wood moved, seconded by Councilwoman Johnson, to approve the Consent Agenda. Motion carried 6-0. City Council Minutes January 27,1997 Page 3 10. PZ 96-31 - PUBLIC HEARING TO CONSIDER THE REQUEST OF DAVID WOMACK FOR SPECIAL USE PERMIT FOR A TRAILER RENTAL ON TRACT 1E6, J.M. VANDUSSEN SURVEY, ABSTRACT 1588. (THIS PROPERTY IS LOCATED AT 5033A RUFE SNOW DRIVE) - ORDINANCE NO. 2163 DENIED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of the request to come forward. The representative for U-Haul spoke in favor of the request and answered Council's questions. Mayor Brown called for anyone wishing to speak in opposition to come forward. There being no one wishing to speak, Mayor Brown closed the Public Hearing. Mayor Pro Tem Garvin moved, seconded by Councilwoman Johnson, to deny Ordinance No. 2163. Motion carried 6-0. 11. PZ 96-33 - PUBLIC HEARING TO CONSIDER THE REQUEST OF BOB FRANK TO REZONE TRACT 2F2, ACKERS SURVEY, ABSTRACT 19, FROM 1-2 MEDIUM INDUSTRIAL TO R-7-MF MULTIFAMILY RESIDENTIAL (THIS PROPERTY IS LOCATED SOUTH OF BROWNING DRIVE, EAST OF THE IRON HORSE GOLF COURSE, NORTH OF LOOP 820 AND WEST OF THE DART RAILROAD RIGHT -OF-WAY) - ORDINANCE NO. 2171 APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of the request to come forward. Mr. Bob Frank, applicant, appeared before the Council in favor of the request. Councilman Sibbet questioned Mr. Frank about Outreach Housing Corporation being a non-profit corporation and their specializing in the development of low and moderate income housing. City Council Minutes January 27,1997 Page 4 Council expressed their desire to see a site plan of the project. Council was advised that they would have the opportunity to approve the site plan prior to the issuance of the building permit. Mayor Brown called for anyone wishing to speak in opposition to the request to come forward. There being no one else wishing to speak, Mayor Brown closed the Public Hearing. Councilman Sibbet moved, seconded by Councilman Welch, to deny Ordinance No. 2171. Motion to deny failed 4-3; Mayor Pro Tem Garvin, Councilmen Welch and Phifer voting for denial and Councilmen Sibbet and Wood and Councilwoman Johnson voting against denial. Mayor Brown broke the tie voting against the motion to deny. Councilman Wood moved, seconded by Councilwoman Johnson, to approve Ordinance No. 2171 subject to the site plan being submitted to the Planning and Zoning Commission and Council for approval prior to the issuance of a building permit. Motion carried 4-3; Councilwoman Johnson, Councilmen Welch and Wood voting for and Mayor Pro Tem Garvin and Councilmen Phifer and Sibbet voting against. Mayor Brown broke the tie voting in favor of the motion. 12. PZ 96-34 - PUBLIC HEARING TO CONSIDER THE REQUEST OF AMERICAN HERITAGE MORTGAGE CORP, TO REZONE LOT A10, HEWITT ESTATES FROM R-1 TO R-2 AND R-1-S. (LOCATED AT 6802 MEADOW ROAD) _ ORDINANCE NO. 2170 APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of the request to come forward. Ms. Jean Cloke, 7225 Chatham Road, representing American Heritage Mortgage Corporation, appeared before the Council in favor of the request. Mayor Brown called for anyone wishing to speak in opposition to the request to come forward. There being no one else wishing to speak, Mayor Brown closed the Public Hearing. City Council Minutes January 27,1997 Page 5 Councilwoman Johnson moved, seconded by Councilman Sibbet, to approve Ordinance No. 2170. Motion carried 6-0. 13. PZ 97-01 - PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE ZONING REGULATIONS TO ALLOW THE CARE OF UP TO 12 CHILDREN AS A LEGAL HOME OCCUPATION- ORDINANCE NO. 2174 APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of the request to come forward. The following appeared before the Council and spoke in favor of the request: Mr. Frank Metts, 5001 Skylark Court Ms. Kathy Kirkham, 6804 Nob Hill Drive. Mayor Brown called for anyone wishing to speak in opposition to the request to come forward. There being no one else wishing to speak, Mayor Brown closed the Public Hearing. Mayor Pro Tem Garvin moved, seconded by Councilwoman Johnson, to approve Ordinance No. 2174. Motion carried 6-0. 14. PZ 97-02 - PUBLIC HEARING TO CONSIDER THE REQUEST OF VIC & KATHRYN AKERS TO REZONE TRACT 8H1, T.K. MARTIN SURVEY, ABSTRACT 1055, FROM AG AGRICULTURE TO R-1-S SPECIAL SINGLE FAMILY RESIDENTIAL (LOCATED AT 6828 CLIFT STREET)- ORDINANCE NO. 2172 APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of the request to come forward. City Council Minutes January 27,1997 Page 6 Mr. Vic Akers, applicant, appeared before the Council in favor of the request. Mayor Brown called for anyone wishing to speak in opposition to the request to come forward. There being no one wishing to speak, Mayor Brown closed the Public Hearing. Mayor Pro Tem Garvin moved, seconded by Councilman Phifer, to approve Ordinance No. 2172. Motion carried 6-0. 15. PZ 97-03 - PUBLIC HEARING TO CONSIDER THE REQUEST OF UNZICKER, SCHNORBUSCH & ASSOCIATES FOR A SPECIAL USE PERMIT FOR A CAR WASH ON LOT 2, BLOCK A, RUFE SNOW VILLAGE. (LOCATED AT 7100 RUFE SNOW DRIVE) - ORDINANCE NO. 2173 APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of the request to come forward. Mr. Richard Akin, 8700 Stemmons, Dallas, representing the applicant, appeared before the Council in favor of the request. Mayor Brown called for anyone wishing to speak in opposition to the request to come forward. There being no one else wishing to speak, Mayor Brown closed the Public Hearing. Councilman Wood moved, seconded by Councilman Phifer, to approve Ordinance No. 2173. Motion carried 6-0. *16. PS 96-36 - REQUEST OF E-SYSTEMS POOL TRUST TO VACATE BLOCKS 1 & 2, EL DORADO ADDITION. (LOCATED IN THE 8600 BLOCK OF HARWOOD ROAD) - ORDINANCE NO. 2169 APPROVED City Council Minutes January 27,1997 Page 7 17. PS 97-02 - REQUEST OF GUION GREGG II, INVESTMENTS FOR THE FINAL PLAT OF LOT 4R, 5 & 6, WALKER'S BRANCH ADDITION (THIS PROPERTY IS LOCATED AT THE INTERSECTION OF HARWOOD ROAD AND GRAPEVINE HWY.) APPROVED Councilman Wood advised he was abstaining from discussion and vote because of conflict of interest. Councilwoman Johnson moved, seconded by Councilman Phifer, to approve PS 97-02 with the addition of right-in, right-out curb cuts to the plat. Motion carried 5-0; Councilman Wood abstaining. *18. PS 97-03 - REQUEST OF CNL RETAIL DEVELOPMENT FOR THE AMENDED PLAT OF LOTS 1 & 2, BLOCK 1, VENTURE ADDITION (THIS PROPERTY IS LOCATED AT THE INTERSECTION OF DAVIS BLVD. AND GRAPEVINE HWY.) APPROVED *19. GN 97-10 - DEED TO ALLEN E. SAMUELS - RESOLUTION NO. 97-08 APPROVED *20. GN 97-11 - AUTHORIZING THE SUBMITTAL FOR A TEXAS PARKS AND WILDLIFE GRANT FOR THE CITY PARK - RESOLUTION NO. 97-09 APPROVED *21. GN 97-12 - RESTRUCTURING TEEN AFTER SCHOOL PROGRAM TO INCLUDE UPGRADING PART-TIME COORDINATOR TO FULL TIME YOUTH AT RISK SPECIALIST APPROVED *22. PU 97-03 - AWARD BID FOR CARPET FOR THE RECREATION CENTER APPROVED City Council Minutes January 27,1997 Page 8 *23. PU 97-04 - AWARD OF BID FOR FACILITY ENHANCEMENTS AT NRH20 APPROVED *24. PU 97-05 - AWARD OF BID FOR PHASE II CONSTRUCTION OF GLENVIEW PARK APPROVED *25. PU 97-06 - 22ND YEAR CDBG PROJECTS APPROVED *26. PU 97-07 - AWARD BID FOR A/C REPLACEMENT AT FIRE STATION NO.3 APPROVED *27. PU 97-08 - AWARD BID FOR CITY HALL PARKING LOT LIGHT REPLACEMENT APPROVED *28. PU 97-09 - AWARD BID FOR 1997 TAHOES APPROVED *29. PU 97-10 - AUTHORIZATION TO PURCHASE NETWORK COMMUNICATION HARDWARE APPROVED *30. PU 97-11 - AUTHORIZATION TO RENEW CONTRACT FOR LAYOUT AND PRINTING OF THE CITY NEWSLETTER APPROVED *31. PU 97-12 - AWARD BID FOR FIRE SUPPRESSION SYSTEM FOR DATA CENTER APPROVED *32. PU 97-13 - AWARD BID FOR SECURITY SYSTEM FOR THE DATA CENTER APPROVED City Council Minutes January 27,1997 Page 9 *33. PU 97-14 - AWARD CONTRACT FOR ARCHITECTURAL SERVICES FOR POLICE PROPERTY AND EVIDENCE BUILDING APPROVED 34. PU 97-15 - AWARD OF BID FOR CONSTRUCTION OF GIRL'S FAST PITCH SOFTBALL COMPLEX APPROVED Mayor Pro Tem Garvin moved, seconded by Councilwoman Johnson, to award the bid to the lower bidder, Meridian Construction, in the amount of $2,111,700. Motion carried 6-0. *35. PU 97-16 - AWARD BID FOR LASER PRINTERS APPROVED *36. PW 97-03 - APPROVE PROPOSAL FOR APPRAISALS AND ENHANCEMENT STUDY FOR CRANE ROAD WIDENING PROJECT (MARTIN ROAD TO AMUNDSON DRIVE) APPROVED *37. PW 97-04 - RATIFY AWARD OF BID ON WALKER BRANCH, PHASE II DRAINAGE IMPROVEMENTS APPROVED *38. PW 97-05 - APPROVE PROPOSAL FOR APPRAISALS AND ENHANCEMENT STUDY FOR HIGHTOWER DRIVE A2 & B WIDENING PROJECT (CROSSTIMBERS DRIVE TO MEADOW CREEK ROAD) APPROVED *39. PW 97-06 - APPROVE 1996/97 CITY STREET OVERLAY PROGRAM APPROVED City Council Minutes January 27,1997 Page 10 *40. PAY 97-04 - AUTHORIZE PAYMENT TO DICTAPHONE FOR ANNUAL MAINTENANCE ON PROLOG WORKSTATIONS AND PLAYBACK RECORDERS APPROVED *41. PAY 97-05 - CITY HALL PROJECT CHANGE ORDER NO.7 & FINAL PAYMENT APPROVED 42. CITIZENS PRESENTATION Mr. Tom Colgrove, Route 5, Box 290, Decatur, appeared before the Council. Mr. Colgrove advised he owned rent property in Watauga at 7004 Betsy Ross. Mr. Colgrove explained that he had filed a claim against North Richland Hills for damages to the property due to a sewer back up. Mr. Colgrove stated that the claim was denied and he requested that the City reimburse him for a portion of his loss. Mayor Brown instructed Mr. Colgrove to talk with the City Attorney. 43. ADJOURNMENT Mayor Brown adjourned the meeting. Tommy Brown - Mayor ATTEST: Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS MINUTES OF THE INVESTMENT COMMITTEE MEETING November 15, 1996 Present: Jackie Theriot - Acting Finance Director Debbie Durko - Budget Coordinator Victor Jones - Utility Services Manager Sret Starr - Accountant Absent: Larry J Cunningham, Assistant City Manager Item 1: Approve Minutes of Previous Meeting Discussion: A motion to approve the minutes was made by Victor Jones, seconded by Debbie Durko, and passed without objection. Action: No action required. Item 2: Summary of Investment Transactions for July-September. 1996 Discussion: Interest income for the period was $498,000. The portfolio balance as of September 30, 1996 was $ 34.4 million. The portfolio distribution on September 30, 1996 was as follows: Texpool 43%, Agency Discount Notes 40%, Treasuries 11 %, and LOGIC 6%. On October 1, 1996, the City received $9.2 million from the sale of the water and sewer system to the City of Watauga. The proceeds from the sale will be invested in Texpool until January, when the $9.2 million will be used to refund outstanding water/sewer system revenue bonds. The investment of funds in Texpool will cause a temporary increase in the amount invested with T expool for the first quarter of FY 96/97. However, this does not affect the City's current policy of shifting excess funds out of Texpool and into other investments to increase diversification and yield. Action: No action required. Item 3: Discussion and Removal of Broker/Dealers Discussion: Since the last Investment Committee meeting, Grigsby Srandford Securities, an approved broker/dealer, has gone out of business. Since the City has all investments in safekeeping with NationsBank, the closure of this broker will have no impact on the investments of the City. However, it is recommended that Grigsby Srandford be removed from the list of approved broker/dealers. Action: A motion to remove Grigsby Brandford was made by Jackie Theriot, seconded by Victor Jones, and passed unanimously. Item 4: Consideration of new Broker/Dealers Discussion: Over the past fiscal year, the City has delisted three brokers and suspended regular trading with two others due to noncompetitive or non-responsive bids. This leaves the City with only five brokers used on a regular basis. Since the last investment committee meeting, three brokers have applied to be added to the broker/dealer list: Commerce Bank of Kansas City, Multi- Bank Securities in Michigan, and Zions First National Bank of Salt Lake City. All three firms met the criteria for approval and had good references and clean background checks. Staff recommends the approval of all three as broker/dealers. Action: A motion to approve Commerce Bank was made by Victor Jones, seconded by Debbie Durko, and passed unanimously. A motion to approve Multi-Bank Securities was made by Victor Jones, seconded by Jackie Theriot, and passed unanimously. A motion to approve Zions First National Bank was made by Jackie Theriot, seconded by Victor Jones, and passed unanimously. Item 5: Status of Texpool Discussion: On October 28,1996, the City Council re-authorized participation in Texpool under the management of the Office of the Comptroller. John Sharp has promised a review of Texpool to determine the most beneficial management arrangement to the state and participants. This review could recommend shutting down the pool, selling it off, or maintaining its current operations. The committee will be kept informed of new developments. Action: Staff was directed by the Investment Committee to begin moving portions of the largest bond accounts at Texpool to corresponding accounts with LOGIC. No accounts would have the entire balance moved out of Texpool in order to maintain the diversity of the investment portfolio. These transfers will reduce the City's exposure to loss of principal and interest earnings should Texpool close. A motion to adjourn the meeting was made by Jackie Theriot and seconded by Victor Jones. MINUTES OF THE PARKS AND RECREATION BOARD OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE NORTH RICHLAND HILLS COUNCIL CHAMBERS LOCATED AT 7301 NORTHEAST LOOP 820 November 21, 1996 - 6:00 P.M. ATTENDANCE PRESENT: Board: Don Tipps Sharon Battles Pam Jackson Bobbie Lambert Cheryl Lyman Ann Perchard Rick Work Chairman Vice Chairwoman Board Member Board Member Board Member Board Member Board Member Staff: Jim Browne Larry Cunningham Christina Lopez Patty Moos Chris Swartz Bill Thornton Monica Sue Walsh Director of Parks & Recreation Assistant City Manager Administrative Secretary Park Planning and Construction Superintendent Aquatic Manager Assistant Director of Parks & Recreation Assistant Director of Parks & Recreation ABSENT: ITEM 1. CALL TO ORDER Mr. Tipps called the meeting to order November 21, 1996 at 6:00 P.M. ITEM 2. APPROVAL OF THE MINUTES (Passed 6-0) Ms. Jackson made a motion, seconded by Mr. Work, to approve the minutes of the October 7,1996 meeting. 1 ITEM 3. PARK OPERATIONS AND CAPITAL IMPROVEMENT PROGRAM STATUS REPORT Mr. Bill Thornton provided a report of the status of the Parks Maintenance Department and Capité. Improvement Projects. Calloway Branch Trail, Little Bear Creek Trail and Phase I Bike Route Signage and Maps, all ISTEA projects, are currently in design. North Electric Trail design has been completed, plans and specifications have been forwarded to TxDOT for review. TxDOT responded with their comments and the consultant is making those changes indicated. Once the changes are complete the plans will be resubmitted to TxDOT for final review and then forwarded to Austin. The Tennis Center and practice fields are still on schedule for completion in December. Final construction for Glenview Neighborhood Park is out for bid and award of contract is expected in January. Remaining work to be completed includes excavation of the lake, grading of the site, construction of the hike and bike trail and pavilion. Mr. Tipps said that he has received good comments from citizens regarding Glenview Neighborhood Park. Staff was successful in getting an ISTEA grant for the North Hills Mall Multi-Use Trail. The contract has been executed with TxDOT and we are in the process of consultant selection. Girls Fast Pitch Softball Complex is out for bid. Bids will be opened on December 16. Award of contract is expected in January. Staff is finalizing plans and specifications for NRH20 Enhancements. Staff is evaluating the Richfield Park improvements project concerning the relocation of the light controls inside the building. Meetings will be scheduled with RY A concerning this project. Mid-Cities Boulevard Landscaping is currently in the design process. Design has been completed on Dan Echols Senior Center parking lot which is a CDBG grant project. Plans and specifications have been sent to the County for bidding. The project should be completed in March 1997. Ms. Battles commented about the vandalism at the Tennis Center. Mr. Thornton responded that it has already been cleaned up. ITEM 11. RECREATION, ATHLETICS AND SENIOR ADULTS Ms. Monica Walsh provided a report of activities in recreation, athletics, senior adult services and the Tennis Center. Fall Session II programs began the week of October 21. 2 Friday Night Out, held October 25, had 532 teens in attendance. The teen dance was only advertised to North Richland Hills middle schools to ensure a safe and manageable event. The fourth annual "Instructor Appreciation Week" was held October 21-26. Thirty-two instructors were recognized throughout the week for their contribution to our department. Sharon Davis fixed goodie bags to be handed out to each instructor. The Teen After School Program continues to provide a much needed service for latch key and youth at risk teens. An average of fifty teens at each school attends the daily program from 3:20 - 5:30 p.m. Drama, arts, basketball leagues, hockey, storytelling, dance, Taw Kwon Do, football and science programs are available for the teens at no cost to them. Several cities have initiated similar programs. The City of Watauga is the latest city to provide this program to their middle school. Sharon Davis, Assistant Superintendent of Recreation, was selected as "Region 6 Professional" at the Texas Recreation and Parks Society Regional Workshop. BURSEY ROAD CENTER The Seniors are now officially back in their own center and loving it! The renovation/expansion was completed at the end of October and the seniors moved back in on November 4. A Ribbon Cutting Ceremony has been planned for December 5, at 10:00 a.m. DAN ECHOLS CENTER The "Gary Lee Band" was the musical entertainment for the Dan Echols Halloween Dance held on October 8. Over 100 seniors were in attendance with several dressed up in costume. A billiards table was purchased for the center providing an additional activity for the active seniors. ATHLETICS The fifth annual Corporate Challenge concluded October 27 with "Team North Richland Hills" reclaiming the Corporate Challenge Cup in Division A! The City of Haltom City won Division B. The Fall Adult Softball Program completes the season Friday, November 22. TENNIS CENTER The Facility will be opening in January 1997. Interviews are underway for the Head Pro and are also scheduled next week for pro shop staff. Staff met with the School District and the Richland Tennis Booster Club, everyone is real excited and can't wait to get in and play at the new facility. Flyers were mailed out in the water bills. Registration will begin this month for tennis programs. Mr. Lambert wanted to know what the life expectancy is of the tennis court surfaces. Ms, Walsh responded 5-7 years. Mr. Browne added that funds will be available for repair or replacement in the ~ cent sales tax fund. 3 ITEM 12. AQUATICS REPORTS Mr. Chris Swartz updated the Board regarding activities at NRH20. Enhancements for 1997 include additional shaded picnic seating along the Mountasia side of the property next to the wave pool. Park Division staff began clearing this area and are doing a great job. Staff is also looking at moving the fence out. Guest service surveys (surveys staff performs when guests exit the park) went up to 4.72 out of five for the 1996 season, up from 4.62 during the 1995 season. ITEM 13. DISCUSSION OF OTHER ITEMS NOT ON AGENDA Mr. Lambert inquired about the inner-tube policy. 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Q) V 1.0 (0 (.) m m m I... ::J m m m 0 -r- -r- -r- (f) CITY OF NORTH RICHLAND HILLS Department: Legal Council Meeting Date: 02-10-97 Subject: Release of Covenants on Right-of-Way Property - Agenda Number: GN 97-01 Resolution No. 97-01 (Postponed at January 13 Council Meeting) Certain restrictions were imposed on two tracts from which the city received rights-of-way. The owners wish to cancel the old restrictions (1984) and have asked us to consent since we now own parts of the two tracts. This will not affect our rights to the property. The rights-of-way will still be valid. Recommendation: It is recommended that Resolution No. 97-01 be passed and approved. Finance Review Source of Funds: Bonds (GO/Rev,) Operating Budget _ Other Finance 0-.- RESOLUTION NO. 97-01 WHEREAS, on November 7,1995, Hightower Investments, L.C, executed a certain right-of-way deed in favor of the City of North Richland Hills which is recorded in Vol. 121, p. 1161, Deed Records of Tarrant County, Texas; and WHEREAS, on October 19, 1995, WCJ Rufe Snow 94, LTD. executed a certain right-of-way deed in favor of the City of North Richland Hills, which is recorded in Vol. 12143, p, 1194, Deed Records of Tarrant County, Texas; and WHEREAS, the two underlying tracts, of which the property described on the two right-of-way deeds were a part, are burdened by certain Easements with Covenants and Restrictions affecting lane dated August 15, 1984 and recorded in Vol. 7943, p. 1160, Deed Records of Tarrant County, Texas; and WHEREAS, the present owners of the two underlying tracts wish to cancel the covenants and restrictions which were imposed by the document referred to above dated August 15, 1984; and WHEREAS, said owners have requested this City to join in the AGREEMENT TO CANCEL COVENANTS AND RESTRICTIONS; and WHEREAS, the City Council finds that such joinder and consent by the City will in no way affect use of the property as right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The Mayor be and is hereby authorized to executed Exhibit "A" attached hereto and made a part hereof, as the act and deed of the City. PASSED AND APPROVED this _ day of ,1997. APPROVED: Tommy Brown, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, City Attorney AGREEMENT TO CANCEL COVENANTS AND RESTRICTIONS This Agreement to Cancel Covenants and Restrictions (the Agreement") is made and entered into as of the ___ day of 1997 by and between Hightower Investments, Ltd., a Texas limited partnership (successor by merger to Hightower Investments, L.C., a Texas limited liability company) ("Hightower") and WCJ Rufe Snow 94, Ltd., a Texas limited partnership ("WCJ") WHEREAS, Hightower is the owner of the property described on Exhibit A attached hereto and made a part hereof for all purposes (the "Hightower Property") subject to that certain Right-of-Way Deed dated November 7, 1995, executed by Hightower Investments, L.C., as grantor, in favor of the City of North Richland Hills, recorded in Volume 12166, Page 1161, deed records of Tarrant County, Texas (the "Hightower Deed"); and WHEREAS, WCJ is the owner of the property described on Exhibit B attached hereto and made a part hereof for all purposes (the "WCJ Property") subject to that certain Right-of-Way Deed dated October 19, 1995, executed by WCJ, as grantor, in favor of the City of North Richland Hills, recorded in Volume 12143, Page 1194, deed records of Tarrant County, Texas (the "WCJ Deed"); and WHEREAS, the Hightower Property and the WCJ Property (collectively the "Burdened Property") are encumbered by certain AGREEMENT TO CANCEL COVENANTS AND RESTRICTIONS - Page 1 ~ easements, covenants, conditions, restrictions, benefits, rights and obligations created by that certain Easements With Covenants And Restrictions Affecting Land (ECR) dated August 15, 1984, recorded at Volume 7943, Page 1160, Deed Records of Tarrant County, Texas (the "ECR"); and WHEREAS, Hightower and WCJ ( collectively, the II Owners II) desire to cancel and terminate the ECR. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owners hereby agree as follows: 1. Hightower represents and warrants that: (i) Hightower is the record owner of the Hightower Property subject to the Hightower Deed, (ii) the Hightower Property is the same property as the property described as Parcel I in the ECR and (iii) Hightower has the right, power and authority to enter into this Agreement and terminate the ECR in accordance with this Agreement. 2. WCJ represents and warrants that: (i) WCJ is the record owner of the WCJ Property, (ii) the WCJ Property is the same property as the property described as Parcel II in the ECR and (iii) WCJ has the right, power and authority to enter into this Agreement and terminate the ECR in accordance with this Agreement. AGREEMENT TO CANCEL COVENANTS AND RESTRICTIONS - Page 2 3. Pursuant to Paragraph 8(a) of the ECR, the Owners, being all of the record owners of Parcel I and of Parcel II (as such terms are defined in the ECR) subject to the Hightower Deed and the WCJ Deed, hereby cancel and terminate the ECR and all easements, covenants, conditions, restrictions, benefits, rights and obligations under the ECR and hereby release and discharge all of the Burdened Property from the ECR and from all easements, covenants, restrictions, conditions, benefits, rights and obligations under the ECR. The Owners agree that the termination and cancellation of the ECR includes the cancellation and termination of the access and/or utility easements described on Exhibit D, if any, attached to the ECR and that all easements, covenants, restrictions, conditions, rights, benefits and obligations under the ECR are hereby canceled and terminated and of no further force or effect. 4 . Each of the Owners, on behal f of such Owner and its successors and assigns, hereby releases and forever discharges each of the other Owners, and their respective successors and assigns, from any and all obligations, duties, claims, causes of action, demands, costs, and liabilities, whether known or unknown, absolute or contingent, now existing or hereafter arising, under, arising out of, or in connection with the ECR. 5. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. AGREEMENT TO CANCEL COVENANTS AND RESTRICTIONS - Page 3 '-___n .. 6. Each of the Owners agrees to execute, acknowledge and ,~1 deliver such documents and instruments as may be reasonably necessary to confirm, evidence or effectuate the purpose and intent of this Agreement. 7. This Agreement shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first hereinabove written. HIGHTOWER INVESTMENTS, LTD., a Texas limited partnership BY: GROVE INVESTORS, INC., a Texas corporation ITS: General Partner BY: Billy J. Graham ITS: President WCJ RUFE SNOW 94, LTD., a Texas limited partnership By: WCJ Investments 92, L.C., a Texas limited liability company, General Partner BY: W. Douglas Jennings ITS: Manager AGREEMENT TO CANCEL COVENANTS AND RESTRICTIONS - Page 4 CONSENT Pursuant to the terms of Resolution No. , the City of North Richland Hills, Texas, hereby consents to the termination of the ECR. ATTEST: CITY OF NORTH RICHLAND HILLS, TEXAS By: City Secretary Tommy Brown Its: Mayor As the owner and holder of a lien encumbering Parcel II pursuant to that certain Deed of Trust (Security Agreement, Financing Statement) executed by WCJ Rufe Snow 94, Ltd., to S. Martin McDonald, Trustee, dated January 27, 1994, recorded in Volume 11431, Page 1793, deed of trust records, Tarrant County, Texas, as modified by instrument dated January 27, 1996, recorded in Volume 12277, Page 2224, deed records, Tarrant County, Texas, Overton Bank and Trust, N.A. hereby consents to the termination of the ECR. OVERTON BANK AND TRUST, N.A. By: ITS: THE STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged before me on the day of 1997, by Billy J. Graham, President of Grove Investors, Inc., a Texas corporation, the general partner of Hightower Investments, Ltd., a Texas limited partnership. Notary Public in and for The State of Texas Printed Name of Notary My Commission Expires: AGREEMENT TO CANCEL COVENANTS AND RESTRICTIONS - Page 5 THE STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged before me on the day 1997, by W. Douglas Jennings, Manager of WCJ L.C., a Texas limited liability company, the of WCJ RUFE SNOW 94, LTD., a Texas limited of Investments 92, general partner partnership. Notary Public in and for The State of Texas Printed Name of Notary My Commission Expires: THE STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged before me on the day of , 1997, by Tommy Brown the Mayor of the City of North Richland Hills, Texas. Notary Public in and for The State of Texas Printed Name of Notary My Commission Expires: AGREEMENT TO CANCEL COVENANTS AND RESTRICTIONS - Page 6 THE STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged before me on the of ' 1997, by the of Overton Bank and Trust, N.A. day Notary Public in and for The State of Texas Printed Name of Notary My Commission Expires: Exhibit A - Hightower Property Exhibit B - WCJ property H:\BUS\CDP\CORP\6268\.2 0I/22/974:56pm AGREEMENT TO CANCEL COVENANTS AND RESTRICTIONS - Page 7 . . DHIBr1' A PNCEL I BE:DG a tøCt of 1.In:1 out of tb= Wi.1.1JMa r.. Ham Sœ:ve'/, ~ Ho. 1010, ~ Q:amt:r, ~, ..s beiDq put of a t:I::iICt of land corzveyed to P1~ HoI:th IU..cblM1r1 ØWs .Joint Venture by r. s. ~, et -. as na:a:dec! iA V01uDe 7U9, Page In, Deed Øeaxds, ~ Q:Iunty, ~, ..s beiø; IDœ parti.c:o.,.,.1.y ~~ as fo1lcws: IIBæImG at . paint in tb= East !Of 1hIe of Jute sncw Dd.... (m 10' RJ4) sa14 point; bdø; S O· lC- or E. 180.00 feet t%aa the J.nt,eøect.ic:I of the ~ of the ~ !Of 1hIe of l\Jfe Snell Ddve ..s the South 1.irIe of ~ JtIe4 (Cømty IbIIð. Ho. 3051), A14 ~ behç 1ccate4 S 0- 16' 14- W, 26.17 feet anc! S .,. 43' 44i- E, 47.08 feet fraa the Noz:t:b,est c:m:ner of sa14 Vf 114.- r.. Hara $W:W!yJ 'UŒ2CE: s.,· C9' 08- E, 150.00 feet to a point far oxner: 'D:\ÐCE: N O· lC' 02- W, 180.00 feet tc a point far ~ in the South Une of ~ R:Iad~ 'IHEN%: s.,· C9' OS- E. 450.02 feet &1cng the South 1.irIe of ~ R:Iad to a point for o::u::ner~ 'œEN:E: S O· 14' 02- E. 393.00 feet to . point far c:œ:nert '1mCE: H 89· 49' 08- W, 265.00 feet to . point for c:amer; 'I:BÐCE: S O· 14' 02- E, 24.00 feet to . point far CI:ImI!r~ 'IBE!C£: N 89· 49' 08- W, 335.02 feet to . point far CI:ImI!r in the East !Of 1.irIe of l\Jfe Sncw Dd...., 'DIDŒ: N O· 14' 02- W, 237.00 feet &1cng the E'aSt !Of line of RL2fe Sn:iW Dd.... tc the PUCE Œ' m:xmtaRõ an! a::r.ta.ininq 216,842.98 square feet or 4.9780 cres of land. . \ . « # '." ", If'" .. I,' . .. y~\. ?943 PlŒU'i5 EXHIBIT B tx:R PAR:EL n 'twCr 1 ~ a ~ of land aut of the ""1(_ L. Mann survey, ~ No. 1010, TaxDnt O:IUntY, Texas, an! tIe.1nq part of a tøct of land ~ tD Pi~ North JtiI::hlIInd B1l1s Joint VeAtm:e by F. s. a.D;ins, ~ ax, as nc:œde4 JA Voluae 7629, P~ 832, Dee4 Øec::IXds, 'raaant Q:u\t.y, "l'a:aS, and beinJ axe parti.cu1arly c5esc:r.ibed as fol.1ø,Is: ~ at a pñnt in the Þst !Of line of JIufe 5naoI Drive Can 10' 1Øt) said point 5 O· 14' 02- E, 110.00 f~ fJ:aa the 1m:eøect:ian of the ~ of the East !Of line of aJfe 5naoI Ddw m! the South Une of aLqhu:lWlE' JoI4 (Qø\ty Jba4 No. 3051), 'DÐCE: s.,· 4" OS- E~ 335.02 feet to a pñnt for c:o::ner: ~: ' H O· 14' 02- W, 24.00 ,~ to a point for ccn::ner' ~: 5 ". 49' OS- E, 265.00 feet to a point for c::amer, 'UŒ:C&: S O· 14' OZ- E, 730.69 feet to . point for c:œ:ner. 'IHDCE: 5"· 47' 51- W, 600.00 f~ to . p:)int for c::amer in the East !Of line of aafe snaw Ddve: 'IHDCE: H O· 14' 02- W, 65.00 feet alc:n¡ the East JDol line of ØUfe snaw Dr:ive to a p:lint for c:m:œrf ~: S 8'· 49' 08- Eo 150.00 feet to . point for c:cz::ner: 'UŒ:~: H O· 14' OZ-W, 200.00 feet to . point for c:m;ner, 'ttICCE: H 89· 49' 08- W, 150.00 feet to . point for c:m;ner in the East !Of line of aafe snaw Dr:ive, 'DŒNX: ,H O· 14' 02- W, 445.71 feet alcnq the East IOf line of RJfe Srøf Ddve to the PIN:E Œ' BEGIHmI:å and c:cmaini.n; 401,579.98 square feet or 9.2190 acres of lan:!. B:R p~ n '1WC1' 2 !f:DG a t:z:aCt of land CQt of the Wi1liaII L. Mann Survey, IobstøCt lb. 1010, Tunnt Q:lunt:y, '1'eXaS, an! beiø¡ part of . ~ of 1an4 CICIßVq"Ie4 tD Pittsbw:9h-DN:Irth Ric:hland HiUs Joint VentuI:e by F. S. BJ& ins, et ax, as reccrcSe4 in Vohzle 7629, Page 832, Dee4 ØeciIXds, ~ C'lCUnty, "l'eX&S, an! beinJ IIIOre particularly ~~ as fol1oIs: BmINNDG at a ~ in the EDst IQ( 1ilIe of aJf~' Sc"Þf Dd,'\."e (an 10' IOf1 Aid point beinJ S .0- 14' 02- E, 180.00 feet. frcm the ~~ of the p:oject1cn of the East !Of line of aJte sncw Drive U1d the $Ól¡th lhe òf Hi~ Jba4 (Ccunty Jba4 No. 30511, said ~ beinq 1.oc:'at:cd S oe 16' 14- W, 2fi.17 feet &nd 5 ". 4~' 46- E, 47.08 f~ fraa the ~ cœrer of said WWJr:a L. M3ra ~1 ~: S 89· 49' 08- Eo 150.00 feet. to A point for comer, 'I1ÐC!:: H O· 14' OZ- W, 180.00 feet to . p:)int for comer in the ¥"1th 1ilIe of Hi¢'=-r Ibad: ~X%: If ". 49' 08- W, 1J6.i5 feet &1.c::Inr; the SOUth 1ine of H!.qhtcweI: Jba4 to a p:.1nt for cut:-Off, . ~a: 5 4'- 4,'08- v, 17.29 feet. to ~ p:lint for cor:ner in the Þst 101 1ine of ~e Snow Drive: ..:. "J9~ I&ŒU?6 : ~ 5 O. 14' 02- E, 168.7~ feet ala1rl the E.1.st IOf Ur:e of RJ.fe $neW Drive to the rua: Œ ~:mx; MIS, c:c::\t:;únin; 26,920.10 square feet. or 0.61Bo -=es of lard. EX:R PNCEL U 'aw:r ) BE::I1G a tøCt; of lard out. of the w11.1J,øa L. HaN\ suz:vey, I.Þst:nCt No. 1010. "f,arrant Cgunty, Texas. and be1ni part of a tøct of land c:cnveye! to Pittsbur9h- North It.1A::h1ard Bills Joint Yentm:C' by F. S. Ibiqins. et ux. as œ:ca:œ:! in Voluœ 76%9, Paqe 832. Deed Aec:aI:'ds. TuDnt Q:u\ty. Te:xaS, ud beJnJ axe part~.....1a...1y de:5c:ribed as fo1..1øÆ: BmI1:mG at. . ¡:oint in the East IGf l.1De of llufe SncIW Drive (an 10' ~, said point beinq 5 O· 14' 02- E. 162. n feet. fEaa the int.eJ::Se(:ticß of thœ pNjecticn of the Eut IOf 1J.ne of JUfe SrØI Dcive MIS the South 1J.ne of II1.qhtcwer A:IId (O:u\ty I'aad No. 3051), said ~ be1nq located 5 O· 16' 14" w, 26.11 feet cd 5 I'. 4)' 46" Eo 47.0B feet fEaa the ~ coz:ner of saic! wil1iID L. HaM SurYeYJ ~: 5 89· 49' 08" E, 150.00 feet: to a p:aint. for c:arner: 1JŒ:CE: 5 O· 14' 02" Eo 200.00 feet: to a point for c:cmer: -œEN:%: If 89. 49' OS- W, 150.00 feet: to a point far oxner in the East !Of lJ.."Ie of llufe SncM Drive: 'ŒDCE: N o. 14' 02- w, 200.00 feet: alcø¡ the East !Of une of llufe $neW I)d,"e to the PUoCE Œ ~ cd a:m:aininq 29,999.21 square feet: or 0.6887 acres of lan:!. EX:R PNaL n '1WC1' 4 IIEINõ a ttaCt. of 1.ard out. of the Wi.1l1.IIa L. Ham suz:vey, ~ No. 1010, n.rrant Ccunty, Texas, &n:1 be1ni put of a traCt. of lan:! c:c:nveyeci to pi~ ~ ~ B1l.1s Joim; Vem:ure by F. S. a.ó¡ins. et ux. as na::a:ded in VolœIe 7629. Paqe 832. Deed 1IecCI::ds. 'facant Ccunt:y. '1'e:œS. an:! beinq øcre partic'" ....l,y ðescdbed as fo11D,G: fcnt1DCDG at a ¡:oint in the East IOf liÞe of llu!e SncM Drive (an 80' !Of) said pI?1nt beinq 5 O· 14' 02" w, U27.n feet fJ:aa the ~ of t:.M ¡=rjeéticn of the East. 1J.ne of llufe SrDI Drive an:! the South 1J.ne of Bi~ laid (Cc:IIJnt:y I10IId No. 3051), said 1nœrsecticn beJnJ 1cc&ted S O· 16' 14" w. 26.11 feet MIS S .,. 43' 46" E, 47.08 feet fJ:aa the ~ c:arner of sail! W1l1J.,ø 1.. Mam\ survey: 'I1mC&: M I'· 47' 51- E, 294.40 feet to the "IKJE PUa Œ' ~: ~: M". 47' 51" E. 305.60 feet to a point. fer ccrner: . ~Œ: S 0" 14' 02" E. 200.00 feet to a ~ fdt ,~: . . .I'''' . 'DŒ]CE: 5 89" 47' 51" W. 305.60 feet to & point for ccrner: 'DØC&: M O· 14' 02" W. 200.00 faet. to the 'mE I'LIICE Œ' ~ &rd ccnt:A1ni.nq 61,119.99 square feet or 1.4031 ~ of land. EDt PNCEL n 'IWC1' 5 BEDG & t:DCt. of lan:! out. of t.~ wUU- L. H:Irw\ Survey. ~ tlo. 1010. ~ Cc:unty, -r=as. &rd bciø; put of & t.r.:ICt of lane! ~ to l'it~ Noeth Richlard Itills Joint VcntuzO by F. S. ~. et \Þt. as ~ in VOluz 7629, Þ9C 132. Deed 1'ec:O£ds. ~t. Ccunty, Texas, &rd bcúni axe pud.c:.'l.Arly cSescrlbcc1 as f01.l.o4: \.._ 7943 r&Œ1.1?1 I Department: City Secretary CITY OF NORTH RICHLAND HILLS Council Meeting Date: Subject: Calling City Council Election - Resolution No. 97-10 Agenda Number: GN 97-13 02-10-97 The attached resolution calls for a City election for council persons to Places 1 3, 5 and 7 for two year terms and that the city hold its election jointly with Birdville Independent School District. The resolution also provides for the appointment of Election Officials. Recommendation: It is recommended that City Council approve Resolution No. 97-10. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget _ ~ - 0az;¿¡éJ~ ~ Department Head Signature CITY COUNCIL ACTION "EM ~ ity Manager Flnenc:e DIf.ctor Page 1 of RESOLUTION NO. 97-10 BE IT RESOLVED AND ORDERED, by the City Council of the City of North Richland Hills that a City election be called for the election of Council Persons to Places 1, 3, 5 and 7 for two year terms and that the City hold its election jointly with Birdville Independent School District in accordance with Section 271.002, Texas Election Code. Section 1. That said election be held on the 3rd day of May, 1997, AD., between the hours of seven o'clock a.m. and seven o'clock p.m. Section 2. Qualified persons may file as candidates by filing with the City Secretary between the hours of eight a.m. and five p.m., Monday through Friday, beginning February 17, 1997, and ending on March 19, 1997. Each application for a place on the ballot shall be accompanied by a filing fee of $150.00 payable to the City or a petition seeking the candidate's name to be placed on the ballot in lieu of the filing fee. Such petition must be signed by qualified voters of the City with at least one hundred fifty signatures. Forms for the petition shall be furnished to potential candidates by the City Secretary. Section 3. The location of polling places for this joint election are designated pursuant to Section 271.003 of the Election Code and the Council finds that the following locations can most adequately and conveniently serve the voters in this election and that these locations will facilitate the orderly conduct of the election: PRECINCTS VOTING LOCATION Precinct One (includes County voting precincts 3214,3324,3333,3041,3364, 3350 & 3366) City Hall, 7301 Northeast Loop 820 Precinct Two (includes County voting precincts 3215,3140,3326,3289 & 3424) City Hall Annex, 6801 Glenview Drive Precinct Three (includes County voting precincts 3209,3063,3049,3177,3367, 3387 & 3507) Bursey Road Senior Adult Center, 7301 Bursey Road Section 4. The following Election Officials are appointed to serve at the polling places: Precinct One: Presiding Judge Alternate Presiding Judge/Clerk Gerry Cozby Bill Weihs Precinct Two: Presiding Judge Alternate Presiding Judge/Clerk Neta Mason Shirley Forrer Precinct Three: Presiding Judge Alternate Presiding Judge/Clerk Kathy Graves Evelyne Miller Section 5. Each Presiding Judge shall appoint not less than two nor more than six qualified clerks to serve and assist in holding said election; provided that if the Presiding Judge herein appointed actually serves, the Alternate Presiding Judge shall be one of the clerks. Section 6. Early voting will be held on weekdays beginning on April 14, 1997 at 8:00 a.m. and ending on April 29, 1997 at 5:00 p.m. Such early voting shall take place in the office of the City Secretary in the North Richland Hills City Hall (the Pre-Council Room and City Council Chambers shall be considered an extension of the City Secretary's office for early voting purposes) at 7301 Northeast Loop 820, North Richland Hills, Texas. The City Secretary or her designee, shall be responsible for conducting early voting, both in person and by mail. Section 7. In accordance with Section 87.004 of the Texas Election Code, the Presiding Judge at City Hall and at least two (2) election clerks shall also serve as the Early Voting Ballot Board to count the ballots received in Early Voting by Personal Appearance and Early Voting by Mail. Section 8. All resident qualified electors of the City shall be permitted to vote at said election, and on the day of the election, such electors shall vote at the polling place designated for the Election Precinct in which they reside. Section 9. The election shall be conducted pursuant to the election laws of the State of Texas. The City Secretary is directed to procure voting machines, if available, for the election of May 3, 1997, and voting machines are hereby adopted as the method of voting at such election. Section 10. This resolution will be construed along with Resolution No. 96-11, passed on February 12, 1996, so as to give effect to both resolutions. PASSED AND APPROVED this 10th day of February, 1997. APPROVED: Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City Resolution No, 97-10 Page 2 CITY OF NORTH RICHLAND HILLS '. L Department: Finance Council Meeting Date: 02/10/97 Subject: Intp.nt tn Rp.imhllr~p. Fxpp.nditures with Proceeds of Future Debt. Resolution No. 97-11 Agenda Number: GN 97-14 In the 1996-97 budget, Council approved the sale of General Obligation Bonds in the amount of $4,829,218 for street and drainage Capital Improvements and the sale of Certificates of Obligation in the amount of $2,346,638 for major capital equipment. An additional $600,000 for Golf Course improvements was authorized by Council on January 13, 1997. The bond sale is scheduled for April 28, 1997 and delivery of funds is scheduled for June 3, 1997. It is anticipated that several of these projects will begin before the bond and certificate funds are received. In order for the City to be able to reimburse any expenses prior to the time we actually receive the proceeds, it is necessary to pass a resolution declaring the City's intent to reimburse expenditures with proceeds of the bond sale. Recommendation: It is recommended that the City Council approve Resolution No. 97-11 declaring its expectation to reimburse capital expenditures with proceeds from the General Obligation Bonds and Certificiates of Obligation sale in June 1997. Finance Review Source of Funds: Bonds (GO/Rev.) \ Operating Budget _ -' Other Acct. Number Sufficient Funds Available Department Head Signature ~ CITY COUNCIL ACTION ITEM Finance elr.ctor LIÄ. (/ \. ager Page 1 of Resolution No. 97-11 A RESOLUTION declaring expectation to reimburse expenditures with the proceeds of future debt. WHEREAS, the City of North Richland Hills, Texas (the "Issuer") intends to issue debt for street and drainage improvements (the "Projects") and further intends to make certain capital expenditures with the proceeds of such debt; WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation"), to fund such reimbursements with the proceeds of tax-exempt obligations the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with the proceeds of tax-exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Projects with proceeds of debt hereafter to be issued by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Projects is $7,775,856. PASSED AND ADOPTED this 10th day of February, 1997 APPROVED: Tommy Brown, Mayor ATTEST: City Secretary APPROVED AS TO LEGALITY: Attorney for the City Schedule 1 1996/97 General Street Capital Projects Budget Summary H. I. J. K. Totå'.Street.,projects Sources of Funds Total Sources of Funds Project I2.D~ $529,470 429,730 229,900 110,000 1,283,000 400,000 368,500 3,207 300,000 250,000 655,500 0 0 509,900 , $5,069,207 1996/1997 $600,530 370,270 212,100 610,000 ...'... 0 4,351,000 268,500 812,518 270,000 250,000 0 656,400 269 900 . 0 lli~ t9_9_8~ $0 0 0 0 0 0 0 1,831,775 2,146,000 0 0 0 699,100 0 $8,671,218 $4,676,875·, $0 $4,351,718 $0 3,064,500 0 0 265,000 0 0 0 0 699,100 600,000 0 0 618,500 0 0 I 0 4,319,500 3,977,775 414,257 .." 0 0 88,950 . 0 0 18,000 ',,' 0 0 $5,069,207 $8,671,218 $4,676,875 $0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 0 0 0 0 0 0 0 0 0 :üna1 $1,130,000 800,000 442,000 720,000 1,283,000 4,751,000 637,000 2,647,500 2,716,000 500,000 655,500 656,400 969,000 509,900 $0 $18,417,300 $4,351,718 3,064,500 265,000 699,100 600,000 618,500 8,297,275 414,257 88,950 18,000 $0 $18,417,300 ----------- ----------- Schedule 6 1996/97 Major Capital Equipment Program Budget Summary Project Iº--OaJft $0 01 0 0: 0 01 0 0 0 , T otatMajqrCapita!Equipl11ent· Sources of Funds 11997 Certificates of Obligation II T ota! Sources of Funds ...' 1996/1997 1997/1998 19~9.9_ $160,000 148,088 583,550 440,000 85,000 330,000 80,000 400,000 120,000 $0 $2,346,638 $0 II $2,346.63811 $0 $2,346,638 $0 0 0 0 0 0 0 0 0 $0 0 0 0 0 0 0 0 0 $0 $011 $0 :üna1 $160,000 148,088 583,550 440,000 85,000 330,000 80,000 400,000 120,000 ------- $0 $2,346,638 -------- $0 1 $2,346,638 $0 $2,346,638 --------- --------- CITY OF N®RTH RICHLAND HILLS Public Works January 29, 1997 MEMO TO: Greg Dickens Public Works Director FROM: Mike Curtis CIP Coordinator SUBJECT: 1997 G.O. BOND SALE After reviewing each of the bond projects, it appears that 97 GO Bond funds will be required before June for four projects. The table below indicates how much money will be needed for each project and what the money is needed for. Project Engineering ROW Construction Total Cloyce Court $ 20,000 $ 0 $ 30,000 $ 50,000 Conn Drive 20,000 0 30,000 50,000 Rumfield Road, Ph. II 100,000 100,000 0 200,000 Rumfield Road, Ph. III 150,000 0 0 150,000 SCADA System 50,000 0 0 50,000 TOTAL FUNDS NEEDED PRIOR TO 6/97 $500,000 71/1 [ok C,^t~· RMC/smm/pwm97003 cc: Randy Shiflet, Assistant City Manager :Larry'Koonce;:Financé Director P.O. Box 820609 . North Richland Hills, Texas· 76182-0609 7301 Northeast Loop 820· 817-581-5521' FAX 817-656-7538 CITY OF NORTH RICHLAND HILLS "-- Department: Parks and Recreation Department Council Meeting Date: Subject: Girl's Fast Pitch Softball Complex Change Order NO.1 Agenda Number: 2/10/97 GN 97-16 Attached is a copy of Change Order No.1 to the Girl's Fast Pitch Softball Complex construction contract with Meridian Construction, deducting $150,000 for minor reductions and cost savings elements and adding $61,100 for an additional picnic pavilion. The City Council awarded the construction contract to Meridian Construction at the January 27, 1997 meeting and directed staff to proceed with executing this change order with the contractor. This change order includes adding the additional picnic pavilion, and incorporates cost saving elements accomplished through value engineering which will not compromise the integrity of the facility. The original amount of the contract is $2,111,700. Upon approval of the change order in the deduct amount of $88,900, the revised contract amount will be $2,022,800. Funding for the second picnic pavilion is available from the currently approved CIP in the Fossil Creek Park Renovation account. Funding was originally allocated for a playground and minor renovation of other structures at Fossil Creek Park. However, any additional improvements to Fossil Creek Park must be evaluated with the long term use of the park, since the entire park is now nearly contained within the floodway of Fossil Creek. RECOMMENDATION: It is recommended that City Council approve Change Order No. 1 in the deduct amount of $88,900 to the construction contract with Meridian Construction, and transfer $61,100 from the Fossil Creek Park Renovation account to complete the necessary funding. Attachment Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Other _ - '- f)~ -1'~ if Department Head Signature Acct. Number Sufficient Funds Available Page 1 of I CHANGE ORDER OWN);, { ARCHITECT LON'I ~Ac'-nR FIELD un IFf{ At.'! DOCC'MEST (l7()/ =:J J :J ~ :J .--....-. - .. .,HOjECT Girls I Fast-Pitch Softball Park (n:m1,:, :¡ddn:,".';\ Nor th R i chI and Hil h, 'IX TO CO:-.;TI{.,\( \ OR: (ml.!t\c, :I,klre") Meridian Commerci~l 13800 MOntfort Drive Suite 110 75240 Dallas, 'IX Th~ Cmur.td j~ dlange(1 i\~ to\lc,JW!i: Refer to the Attachment "AI. Tota 1 Chan¡e Order Declue t9 Total Change Order Adds NF..T CHt\f'(;E OROEH DIDucrs -~---_. CH\:'\(;i'; ORDER I'tJMDEFI: 1 DATH: February 3, 1997 !\HCHIl t-:CI 'S PROJECT NO CON' ,I{ACT DATE: 95132 CONTRACT FOR: Softball Fields $150,000.00 611\1.00.00 $ 88,900.00 Not valid until signed by the Owner', Architect and Contractor. -.------..-.-.- -.. "" .s2. 111,700.00 ".s -0- , .$2,111,700.00 1'l1t· (JrlK,,,;¡1 (."111:':1\" ,"tl11l){6~e..~fI~""'IS, , ' , , " '" ;-leI (l1¡ n~(: My ]:'rc:vi(1lJ~lr ;ltlll1!1r1/.t'Ü Ch.Jt'\8': O,dcr.ç , . , ' , ' . ' , " '" '" The (Co )ntu\:t :,um: (t'itmrm'lC'l:'C~~I'!'t'rI'I'I'¥~) i"'iOJ'IO (hL~ Change Order v..:t~ , . The (í.()l1lfa.l ~'''lIn) (~~-.,,¡,~..~~) will III," (w..:C¡,;.,;,.;I1) (dCl'1\:;\~ct) (ut1C'.hangcd; by ¡hÌi~ Chan~(.· On,\<:r i!'1 t!11: iUJ1(1\ml (If ' , , , , , ' , , ' , , . , , , . TI1c new (CI )m..~\c¡ SLlm~&t1I1'1~t'<."th~~...+1FÎt'1·) illlhldin!:\ Ihl.~ C1~¡\11~ Orlkr will b(.' ,S 88,900.00 . ,$2,022,800.00 The Conrm:t lir~l' will b<:, rtm:'~r('!tr'\~~]ì !t~'¡t'!~I~.,j) l)~' The date ok ~l1t1,tanti:l Cornplc'ti<1T1 : ~ !If Iht' (!;IIl: nf \hL~ C:'1.aOgc Onkr thcn,'ti:m: is ) \1J~" NOT!:, !b. :,\lIIml;ir~ ú"<'" '1"1 :djnl d"l,n'Wo" ¡"1h,: 011111',." ""'~',l ,,,1Ir~I'1 1 1,''''')1' (",\I;;mnt':c,: :\oIaXJL 11I1 I'n,'C wl1kh havc ,c.:::ll .III,lI;m/I.<' I" : "t;'I~I ('ti( 1! Cl1.I1;~'" 111~cILJ\'l' ÑESA De8_~_~.~..G~~P. Meridi~..~reial_____..._ ,\RCI rn ECI' (.t )Nnv-C1'O!( 3100 MOKinnon Street, Stet 905 13800 MOntfort Dr., #110 City of North Richland H!.!.!,s n~;-<F,:I. _~J!.~ _~,~~~ _~~p 820 Adc:r,·~~ A. :clrt·~\; . .~ .... . . __ DalJ~~ t ,~_?5Z40 -.---....--. .. .-. ... ---. .-..-... ...- -....- Dallas, 'IX 75201 ------ uy liY ..... .- -- .......-- ...- D^'n: . DHI'. ___._, _,.... _" ,.. n"TF -_.. --- -.--- œ Ad(l~e:'.~ North Richland Hills, TX 76180 BY CAUTION: You should sign an original AlA document which has thle caution prInted In red. An orlgln81 .Sture. th., chang" will not be obscured.. may occur when documentlare reproduced, "IA DOC:UIMiiNT G701 . CH.' "C;~ ()!<PI:;!t . ;:)H" ~ )II'1()r; . AI...... . (; I"~ · '!~t7I:--"---" -. - .\,'.1"kH~,";'; ,;,~,, :'1\ I I, '¡I' "1((1\1'1\(,1' 1'\, :'-Ir,w YOKI< ^V~;" NW" W^~ II:'>i(;"'f)N, Dc:. ltxx!6 .. .. .. ...... . .....-......-..-- G701-1987 T r '''¡ WARNING: Untiç~n$ed ph otocopyln 0 Vlola!es U.S, eOJ!Yrtg", 1_ 1/111 Is SUbjeCt to.... PIQ$cçutiQn. ON! dnOHÐ NDIS30 ~S3W 9G:Sl NOW L6-£ -83j JOStlL87tG 'ON X~~ 1 0 ',~ MESA DESIGN G~OlJP GIRI.S' FAST4PITCH SOFIBALL PARK North {;chlslld I Jills. Tc)(a.~ (:HANGE ORDER NO.1 A 'IT ACHMENT "A" February 3, 1997 I. All walls and wlumns on buildings to be split fac~ block, white color. ~ )dct~ 80 I.f, ofrelliining wan from each bar;c linc, (8) localion~. 3, lX:lctc piers trom conccssion building. 4, Delete curb .dong sOllth edge of parking lot. 5, SIJ ,~lit\lte Lone Star concrete poles in li~lI of 'Ju.<;co steel polcs. 6. Delet~ bk:1tchcn; from the conlract. ì Change metal roof materials on com.:c.o;sion building and ~hade pavî1ion to galvalmue materials, 8. DeIeLe (4) irTigation zon~ liround perimeter oulf'ic!d fences, 9. Add (I) additional shade pavilion 1er Alternate No.3. Page J of I L~II~scape "r:l1i!~ctwre 3100 Mcl(nl1on Slreet I Suite 905 ~B 1521 Dalia.. Texas 75201 214/871-05€G Fu2W87H507 L09ttL8ÞtG 'ON XBj 8NI ¿nO~Ð NÐIS3C YS3W 9S:El NO~ L6-£ -83j rr= I I PARKS AND RECREATION FACILITIES CAPITAL IMPROVEMENTS Girl's Fastpitch Softball Complex 09-75-44 PROJECT DESCRIPTION Design and construction of girl's fast pitch softball fields within the community park located north of Emerald Hills Drive, south of the TU Eastment, west of the Aquatic Park. This project provides for critical softball field space needs for the girl's fast pitch softball program, and addresses our current deficit in softball fields as described in the Park System Master Plan. The project includes 4 lighted 225 foot softball fields, restroom, meeting room, concession, parking, landscape and irrigation. PROJECT STATUS Beginning Date Ending Date Construction 1 0/96 9/97 Note: Bid awarded for construction to Meridian Construction on January 27, 1997 Change order done 2/97 which has cost reductions proposed by Meridian Construction. FINANCIAL DATA Total Funding Source Amount to 1996/1997 1997/1998 Remaining Project Date Budaet Budaet Budget Cost Sales Tax $150,000 $1,500,000 $0 $0 $1,650,000 Total $150,000 $1,500,000 $0 $0 $1,650,000 Project Expenditures I Professional Services $150,000 01 $150,000 Construction 0 1,500,000 0 1,500,000 Total $150,000 $1,500,000 $0 $0 $1,650,000 IMPACT ON OPERATING BUDGET Routine turf, building, ballfield, and light maintenance. 1996/1997 1997/1998 1998/1999 1999/2000 2000/2001 $50,000 $50,000 $60,000 $60,000 $60,000 CITY OF NORTH RICHLAND HILLS Department: Finance /Information Services Council Meeting Date: 2/1 0/97 Subject: Authorize Purchase nf Mntnrnl~ R~nin~ fnr the Fire Department Agenda Number: PU 97-17 In the 1996/97 approved budget, Council appropriated funds for the purchase of Motorola radios for the Fire Department. These radios are needed to continue the conversion to the 800 megahertz communications system. To be compatible with the existing equipment these radios need to be manufactured by Motorola. The cost for four portable radios and the required accessories is $10,004. Recommendation: It is recommended City Council authorize the purchase of four portable radios and accessories from Motorola, Inc. in the amount of $10,004. Finance Review Source of Funds: Acct. Number 16-01-01-4460 Bonds (GO/Rev.) Sufficient Funds Available '1\,,--~gp::~tin9 BUd~;t -L ~ ~ t~ædJ}~ ~ ~ ~À Depa ent Hea gnature ' City anager , - C"Y COUNCIL ACTION "EM Finance Director Page 1 of CITY OF NORTH R,CHLAND HILLS . Department: Public Works Approve City-Developer Agreement for CIP Water Subject: System Improvem~mt~ with Oak Hill~ Joint VAntIJrA for the Oak Hills Addition - Section II Agenda Number: 2/10/97 PW 97-07 Council Meeting Date: Oak Hills Joint Venture (Developer) is installing the water and sanitary sewer lines which will serve the Oak Hills Addition - Section II. The 8" water line (P8263) and the 6" sanitary sewer lines (L7-1c and L7-1d) are included in the Water and Wastewater Impact Fee Study (Study) dated May 4, 1990 by Knowlton-English-Flowers, Inc. The improvements as outlined in the study are eligible for reimbursement up to a maximum of $57,881.00 Upon Council's approval of this agreement and in accordance with the Impact Fee Ordinance No. 1679, the Developer will be reimbursed upon completion and acceptance of the improvements. The final reimbursement amount will not exceed $41,265.80. Funding Source: Sufficient funds are available in account #02-00-00-0104 Water and Sewer Impact Fees. Recommendation: Staff recommends Council approve the City-Developer Agreement with Oak Hills Joint Venture and authorize the Mayor to sign the agreement. Finance Review '~_. Source of Funds: Bonds (GO/Rev.) Operating Budget 08 I Acct. Number Sufficient Funds Available tI ment Head Signature CITY COUNCIL ACTION ITEM Finance DIr8C1o, Page 1 of CITY OF NORTH RICHLAND HILLS, TEXAS CITY-DEVELOPER AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS THE COUNTY OF TARRANT: That Oak Hills Joint Venture, Kenneth C. Whiteley, Trustee, of the County of Tarrant, State of Texas, hereinafter called "Developer" and the City of North Richland Hills, Tarrant County, State of Texas, hereinafter called "City", enter into the following contract: In consideration of the mutual covenants herein contained and for the purpose of providing water and sewer system improvements as indicated in the construction documents titles "Oak Hills Addition - Section II" the Developer and the City hereto agree: 1. The developer has paid to the City all processing fees and has furnished the necessary permits, easements, and right-of-way as required for the construction of the above referenced facilities. In addition, the Developer has delivered construction plans, specifications and all other necessary contract documents prepared by a registered professional engineer, and will also furnish construction surveying, cut sheets and field adjustments. 2. The Developer has entered into a contract with the Contractor who will perform the work and who will be paid by the Developer as specified in the construction contract documents. Monthly pay estimates shall be subject to City's review. 3. The Developer agrees to provide, at no cost to the City, all testing necessary to insure that the construction is in accordance with the project specifications and the City standards. 4. The Developer understands and agrees that he has no authority to cancel, alter or amend the terms of the construction contract without specific written authority of the City, and that he shall be responsible for paying the costs of any cancellations, additions, alterations or amendments to the contract unless specifically provided otherwise by written authorization from the City. 5. The contractor has provided to the City on City forms, maintenance bonds in the amount of twenty (20%) percent of the contract price. 6. The City agrees to participate in the cost of the facilities after construction is complete and accepted. The description and amount of participation is as follows: In accordance with Ordinance No. 1679, the Water and Wastewater Impact Fee Ordinance, the City will reimburse the Developer the eligible impact fee funds for the proposed improvements. The City will only reimburse the Developer the amount oakhills.agr Page 1 of3 agreed upon below, after the construction of the improvements is complete and accepted by the City. If the actual amount paid to the contractor is less than the amount shown below, the City participation will be reduced accordingly. WATER AND WASTEWATER IMPACT FEE STUDY dated May 4, 1990; Table W. CIP - 2 Facilities: Eligible Eligible Amount of Amount Percent Low Bid Participation WATER: Hialeah Circle South $23,483.00 89.77% $17,997.21 $16,156.10 to existing 16" - (P8263) 8" Water Line - 810 LF SEWER: Hialeah Circle North & $23,478.00 100% $17,156.70 $17,156.70 Spring Oak Dr. to Channel (L7-1c) 6" Sanitary Sewer - 1092 LF Spring Oak Dr. to $10,920.00 100% $ 7,953.00 $ 7,953.00 Channel (L7-1d) 6" Sewer - 520 LF Total $57,881.00 $ 43,106.91 $41,265.80 Total Max. Reimbursement $41,265.80 7. The City will provide the inspections as required and upon satisfactory completion of the work, the City will accept ownership and operation of the system subject to the terms of the maintenance bonds. 8. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents, and employees from all suites, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said developer, his contractors, subcontractors, officers, agents, or employees, whether or not such injuries, death or damages are oalchills.agr Pag~ 2 of 3 caused, in whole or in part, by the alleged negligence of the City of North Richland Hills, its officers, agents, servants, employees, contractors or subcontractors. 9. Upon completion of the work, good and sufficient title to all facilities constructed warranted free of any liens or encumbrances is here by vested in the City of North Richland Hills. 10. Special provisions: None IN WITNESS WHEREOF, the parties to these presents have executed this Contract in four (4) counterparts, each of which shall be deemed an original on this the day of ,19_. OAK HILLS JOINT VENTURE Kenneth C. Whiteley, Trustee STATE OF TEXAS: COUNTY OF TARRANT: This instrument was acknowledged before me on Whiteley, Trustee, Oak Hills Joint Venture. by Kenneth C. Commission Expires: Notary Public Signature (SEAL) Notary Public Printed Name CITY OF NORTH RICHLAND HILLS Mayor Tommy Brown A TIEST: APPROVED AS TO FORM AND LEGALITY Patricia Hutson, City Secretary Attorney for City oakhills.agr Page 3 of 3