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Home My WebLink AboutCC 1997-03-24 AgendasCITY OF NORTH RICHLAND HILLS PRE - COUNCIL AGENDA MARCH 24, 1997 - 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. Calloway Branch Section B Channel Improvements (5 Minutes) 2. Country Meadows Estates Off -Site Drainage (5 Minutes) 3. PZ 97 -09 Public Hearing to Consider an Amendment to the Zoning Regulations Regarding the Minimum Height of Masonry Screening Walls for New Hotels - Ordinance No. 2184 (Agenda Item No. 14) (5 Minutes) 4. GN 97 -23 Authorize the Publication of Notice of Intent to Issue Certificates of Obligation, Resolution No. 97 -15, and Amend the Capital Projects Budget (Agenda Item No. 19) (5 Minutes) 5. GN 97 -24 1997 General Obligation Bonds for Street Improvements, and Amend the Capital Projects Budget (Agenda Item No. 20) (5 Minutes) 6. GN 97 -27 Resolution Readopting Guidelines and Criteria for Granting Tax Abatement in Reinvestment Zones Created in the City of North Richland Hills - Resolution No. 97 -18 (Agenda Item No. 23) (10 Minutes) 7. Other Items: Page 2 NUMBER ITEM ACTION TAKEN 8. *Executive Session (15 Minutes) - The Council may enter into closed executive session to discuss the following: A. Personnel - Consider Appointments of City Representatives Gov. Code §551.074 B. Consultation with Attorney under Gov. Code §551.071 Seaton vs. NRH 9. Adjournment - 7:20 p.m. *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. sT �% q7 Dat lc' City secr ary CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA MARCH 24, 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. 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 February 24, 1997 5. Minutes of the Regular Meeting February 24, 1997 6. Minutes of the Special Meeting March 3, 1997 Page 2 NUMBER ITEM ACTION TAKEN 7. Introduction of Mr. Henry Grimsley as "Volunteer of the Year" - Mayor Brown 8. Presentation of Proclamations by Mayor Brown 9. Presentation by Beautification Commission - "Bag- A -Thon" and "Great Texas Trash Off" 10. Presentation by Boards and Commissions A. Teen Court Advisory Board Minutes 11. Removal of Item(s) from the Consent Agenda 12. Consent Agenda Item(s) Indicated by Asterisk (15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 and 33 ) 13. PZ 97 -08 Public Hearing to Consider an Amendment to the Zoning Regulations Regarding the Maximum Height Limit in Institutional Zoning - Ordinance No. 2183 Page 3 NUMBER ITEM ACTION TAKEN 14. PZ 97 -09 Public Hearing to Consider an Amendment to the Zoning Regulations Regarding the Minimum Height of Masonry Screening Walls for New Hotels - Ordinance No. 2184 *15. PS 97 -05 Consider the Request of Rader Partners, for a Final Plat of Lot 5, Block 7, Industrial Park Addition. (Located Between Rufe Snow Drive & Industrial Park Boulevard) *16. GN 96 -135 Consider Establishing Pool Wastewater Discharge and Lot Grading Regulations for Swimming Pools - Ordinance No. 2154 (Tabled at the December 16, 1996 City Council Meeting) *17. GN 97 -21 Supporting Partners in Mobility's Policy Position on Federal Legislative Issues - Resolution No. 97 -12 *18. GN 97 -22 Supporting Partners in Mobility's Policy Position on State Legislative Issues - Resolution No. 97 -13 *19. GN 97 -23 Authorize the Publication of Notice of Intent to Issue Certificates of Obligation, Resolution No. 97 -15, and Amend the Capital Projects Budget Page 4 NUMBER ITEM ACTION TAKEN *20. GN 97 -24 1997 General Obligation Bonds for Street Improvements and Amend the Capital Projects Budget * 21. GN 97 -25 Approving the ISTEA Enhancement Grant Supplemental Agreement No. 1 and Multi -Use Agreement with TxDOT for the North Electric Multi - Use Trail Project - Resolution No. 97 -16 *22. GN 97 -26 Waiver of Extra - Territorial Rights - Resolution No. 97 -17 *23. GN 97 -27 Resolution Readopting Guidelines and Criteria for Granting Tax Abatement in Reinvestment Zones Created in the City of North Richland Hills - Resolution No. 97 -18 *24. GN 97 -28 Abandonment of a Portion of a Drainage Easement on Lots 4R, 5 & 6, Block 1, Walker Branch Addition - Ordinance No. 2185 *25. GN 97 -29 Video History of North Richland Hills *26. PU 97 -24 Award Bid for Self- Contained Breathing Apparatus Page 5 NUMBER ITEM ACTION TAKEN *27. PU 97 -25 Award Bid for Annual Contract to Supply Batteries *28. PU 97 -26 Award Bid for Ammunition *29. PU 97 -27 Award Bid for Closed Circuit TV System for the Recreation Center *30. PU 97 -28 Award Bid for City Hall Irrigation and Landscape, Phase II *31. PU 97 -29 Ratify Emergency Repair by SEPCO to Three Booster Pumps at the Watauga Road Pump Station *32. PW 97 -10 Set Date for Public Hearing on Street and Drainage Improvements for Hightower Drive (Sections A2 & B) *33. PW 97 -11 Set Date for Public Hearing on Street and Drainage Improvements for Crane Road 34. Citizens Presentation POSTED Da e 35. Adjournment' Time aalCity Secr ry 3v. �� INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. I R 97 -24 Date: March 24, 1997 J subject: National IronKids Bread Triathlon API Championship Marketing Group has selected North Richland Hills as the site for the National IronKids Bread Triathlon. The National competition is expected to attract up to 500 children. The event will be televised nationally on ESPN with two United States Olympians, Janet Evans, -swimming and Mia Hamm, soccer. The Parks and Recreation Department is coordinating this event to be held August 24, 1997. We are working with Tarrant County Junior College, Northeast Campus, as the venue sponsor. NRH2O will host a pre -event social for all the triathletes and their families. Since 1985, thousands of children have participated in the IronKids Bread Triathlon program designed to promote good nutrition, physical fitness and positive attitudes. The event is. open to any youth 7 - 14 years of age who will compete in three areas; swimming, cycling and running. With the magnitude of this event, it will take several city departments to implement its success. We are currently working with the Police Department for traffic control, Fire Department for emergency /safety measures and will be contacting other departments for their support. There will be several outside agencies and groups contacted for their support as well. Texas Department of Transportation is considering the closure of Highway 26 and Precinct Line Road for safety of the cyclist. This is an opportunity to showcase our City and have a great economic impact. Respectfully Submitted, Monica Sue Walsh Assistant Director of Parks and Recreation Attachments: IronKids Triathlon Videotape ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS MINUTES OF THE PRE - COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE PRE - COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820 - FEBRUARY 24, 1997 - 6:45 P.M. Present: Tommy Brown Mack Garvin Lyle E. Welch Mark Wood Jo Ann Johnson Don Phifer Byron Sibbet Linda Spurlock Sansoucie C.A. Sanford Randy Shiflet Larry Cunningham Patricia Hutson Rex McEntire Greg Dickens Barry LeBaron Larry Koonce Thomas Powell Stan Gertz Richard Albin Absent: Byron Sibbet Mayor Mayor Pro Tern Councilman Councilman Councilwoman Councilman Councilman Councilwoman City Manager Assistant City Manager Assistant City Manager City Secretary Attorney Public Works Director Planning /Inspection Director Finance Director Support Services Director Fire Chief City Engineer Councilman ITEM DISCUSSION ASSIGNMENT PRESENTATION Mayor Brown announced that the OF 1995/96 representative from KPMG Peat Marwick had AUDITED not arrived yet. FINANCIAL REPORT Pre - Council Minutes February 24, 1997 Page 2 ITEM DISCUSSION ASSIGNMENT ADDITIONAL City Manager Sanford advised that LARRY K. IMPROVEMENTS reconstruction of the sand traps had begun as FYI FOR IRON HORSE previously authorized by Council. Mr. Sanford GOLF COURSE advised that the traps were deeper than SAND TRAPS anticipated. Mr. Sanford advised that an additional $65,000 would be needed to complete the project. Mr. Sanford advised that the funds were available in the Golf Course Fund balance. COUNCILMAN SIBBET NOW PRESENT. Councilman Welch asked whether the creek along 820 would be cleaned up when the other repairs were made to the Golf Course. Mr. Sanford advised that it was one of the items included in the list. PRESENTATION The Finance Director highlighted some of the NAN OF 1995/96 City's funds. Mr. Bill Hanley, KPMG Peat AUDITED Marwick, presented the 1995/96 Audited FINANCIAL Financial Report and audited opinion. There REPORT were no questions from the Council. ARCHITECTURAL Mr. Sanford advised that Staff had, as THOMAS P. SERVICES FOR requested by Council, looked for other Proceed with THE SUPPORT possible locations for this project. Mr. Sanford Architectural SERVICES advised Staff felt this was the best location for Contract BUILDING the project. Mr. Sanford explained with the placement of the building on the back of the lot, it would leave two large tracts in the front for future development. Assistant City Manager Shiflet advised the building's appearance would compliment the surrounding existing City buildings. There were no the il. Pre - Council Minutes February 24, 1997 Page 3 ITEM DISCUSSION ASSIGNMENT APPROVE "NO The City Manager advised the Police GREG D /JERRY MC PARKING, Department had requested that this section of Proceed with sign STOPPING OR Lola be designated a "no parking, stopping or installation & school STANDING" ZONE standing" zone during schools hours. The notification. FOR THE 7500 surrounding property owners had been BLOCK OF LOLA notified. There were no questions from the DRIVE - Council. ORDINANCE NO. 2181 AWARD OF BID There were no questions from the Council. NAN TO MID -STATE UTILITIES, INC. IN AMOUNT OF $184,875.65 FOR WATAUGA ROAD 12" WATER LINE (PASTY LANE TO STARDUST DRIVE) OTHER ITEMS The March 10, 1997 City Council meeting was NAN canceled because there would not be a CANCELLATION quorum. OF MARCH 10, 1997 COUNCIL Councilwoman Johnson advised the History MEETING. Committee would like to host a "Day of Heritage" to recognize former Council and Board Members. Councilwoman Johnson stated the City Manager had suggested holding the event at NRH2O before it opens for the season. The former members would be Pre - Council Minutes February 24, 1997 Page 4 ITEM DISCUSSION ASSIGNMENT bring asked to their old photographs and other items of interest. The consensus of the Council was for the Committee to proceed with the event. Councilman Wood advised that the volleyball JIM B. court at North Richland Middle School holds Check on this. water for several days after a rain. Councilman Wood asked staff to look into alleviating this problem. Mayor Brown informed Council that the NAN information had been received on the Teen Advisory Council. Mayor Brown appointed Councilwoman Johnson, Councilman Sibbet and Mayor Pro Tern Garvin to a committee to review the information and determine whether Council would be interested in organizing a program. Mayor Pro Tern Garvin to chair the committee and Councilwoman Sansoucie volunteered to assist. ADJOURNMENT Mayor Brown announced at 7:10 p.m. that Council would adjourn to Executive Session to discuss pending litigation under Government Code §551.071. 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 - FEBRUARY 24, 1997 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order February 24, 1997 at 7:30 p.m. ROLL CALL Present: Tommy Brown Mack Garvin Lyle E. Welch Mark Wood JoAnn Johnson Don Phifer Byron Sibbet Linda Spurlock Sansoucie Staff: C.A. Sanford Randy Shiflet Larry Cunningham Patricia Hutson Rex McEntire Greg Dickens Mayor Mayor Pro Tern Councilman Councilman Councilwoman Councilman Councilman Councilwoman City Manager Assistant City Manager Assistant City Manager City Secretary Attorney City Engineer 2. INVOCATION Councilman Wood gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES OF THE PRE - COUNCIL MEETING FEBRUARY 10, 1997 APPROVED Councilwoman Johnson moved, seconded by Councilman Phifer, to approve the minutes of the February 10, 1997 Pre - Council Meeting. City Council Minutes February 24, 1997 Page 2 Motion carried 7 -0. 5. MINUTES OF THE REGULAR MEETING FEBRUARY 10, 1997 APPROVED Councilman Sibbet moved, seconded by Councilman Phifer, to approve the minutes of the February 10, 1997 City Council Meeting. Motion carried 7 -0. 6. PRESENTATION BY BOARDS AND COMMISSIONS No action necessary. None. 7. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA 8. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (15, 16, 17, 18, 19, 20, 21, AND 23) APPROVED Councilwoman Johnson moved, seconded by Councilman Wood, to approve the Consent Agenda. Motion carried 7 -0. Mayor Brown moved Item No. 14 to this point in the agenda. 14. GN 97 -17 PRESENTATION OF 1995/96 AUDITED FINANCIAL REPORT ACCEPTED Mr. Bill Hanley, KPMG Peat Marwick, presented the 1995/96 Audited Financial Report. The consensus of the City Council was to accept the Financial Report. City Council Minutes February 24, 1997 Page 3 9. PZ 97 -05 - PUBLIC HEARING TO CONSIDER THE REQUEST OF STEPHEN J. BOSAW TO REZONE LOT 9, EDGLEY ADDITION FROM LR LOCAL RETAIL TO C -1 COMMERCIAL. (LOCATED AT 4166 WILLMAN) - ORDINANCE NO. 2178 APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of the request to come forward. Mr. Stephen Bosaw, applicant, appeared before the Council to speak 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. Mayor Pro Tern Garvin moved, seconded by Councilman Welch, to approve Ordinance No. 2178. Motion carried 7 -0. 10. PZ 97 -06 - PUBLIC HEARING TO CONSIDER THE REQUEST OF WAYNE L. HERNDON TO REZONE ALL OF LOTS 11 & 13 AND PARTS OF 14 & 15, EDGLEY ADDITION FROM C -1 COMMERCIAL TO C -2 COMMERCIAL. (LOCATED AT 7504 GRAPEVINE HWY.) - ORDINANCE NO. 2179 APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of the request to come forward. Mr. Wayne Herndon, applicant, appeared before the Council to speak in favor of the request. Mayor Brown called for anyone wishing to speak in opposition to the request to come forward. City Council Minutes February 24, 1997 Page 4 There being no one else wishing to speak Mayor Brown closed the Public Hearing. Councilman Sibbet moved, seconded by Councilman Wood, to approve Ordinance No. 2179. Motion carried 7 -0. 11. PZ 97 -07 - PUBLIC HEARING TO CONSIDER THE REQUEST OF BIRDVILLE INDEPENDENT SCHOOL DISTRICT TO REZONE TR. 12C2, TR. 12 G1, TR. 4A2B, & TR. 12B, T.K. MARTIN SURVEY, A -1055 AND TR. 3A, TR. 3E & TR. 4E, L. C. WALKER SURVEY, A -1652 FROM AG AGRICULTURE, R -1 RESIDENTIAL, C -2 COMMERCIAL, 1 -1 LIGHT INDUSTRIAL TO U SCHOOLS, CHURCHES AND INSTITUTIONAL. (LOCATED AT THE SOUTHWEST CORNER OF PRECINCT LINE ROAD & MID - CITIES BLVD) - ORDINANCE NO. 2180 APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in -- favor of the request to come forward. Mr. Eric \/ViIhite, Schrickel, Rollins and Associates, representing the applicant, appeared before the Council to speak 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. Councilwoman Johnson moved, seconded by Councilman Phifer, to approve Ordinance No. 2180. Motion carried 7 -0. 12. PS 96 -35 - PUBLIC HEARING TO CONSIDER THE REQUEST OF MR. L. J. SADLOWSKI, SUNBELT -DIX, INC., FOR A REPLAT OF LOTS 10, 11, & AR, BLOCK 6 CRESTWOOD ESTATES. (LOCATED AT THE NORTHWEST CORNER OF STARNES ROAD AND DAVIS BOULEVARD) APPROVED City Council Minutes February 24, 1997 Page 5 Mayor Brown advised that this was a replat and a public hearing was not required. Councilman Phifer moved, seconded by Councilman Wood, to approve PS 96 -35 as recommended by the Planning and Zoning Commission with the additional stipulation that no building permit be issued on Lot 11 until the drainage improvements are constructed on the property to the north and the property located in the drainage easement on Lot 11 is removed from the 100 year flood plain. Motion carried 7 -0. 13. GN 97 -15 - PUBLIC HEARING TO CONSIDER EXTENDING ORDINANCE NO. 1994, JUVENILE CURFEW ORDINANCE, FOR THREE YEARS - ORDINANCE NO. 2177 APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak for or against to come forward. Police Chief Jerry McGlasson appeared before the Council. Chief McGlasson presented to Council information (supporting documentation attached to minutes) to support Council extending the Juvenile Curfew Ordinance for an additional three years. There being no one else wishing to speak Mayor Brown closed the Public Hearing. Councilwoman Sansoucie moved, seconded by Councilman Phifer, to approve Ordinance No. 2177. Motion carried 7 -0. 14. GN 97 -17 - PRESENTATION OF 1995196 AUDITED FINANCIAL REPORT Presented earlier in the meeting. *15. GN 97 -18 - ADDITIONAL IMPROVEMENTS FOR IRON HORSE GOLF COURSE SAND TRAPS APPROVED City Council Minutes February 24, 1997 Page 6 *16. PU 97 -18 - AUTHORIZATION TO PARTICIPATE IN COOPERATIVE PURCHASING PROGRAM WITH TARRANT COUNTY APPROVED *17. PU 97 -19 - AUTHORIZATION TO PURCHASE FIRE TRUCK THROUGH HGAC COOPERATIVE PURCHASING PROGRAM APPROVED *18. PU 97 -20 - AUTHORIZATION TO PURCHASE BIG SQUIRT WATER TOYS FOR NRH20 APPROVED *19. PU 97 -21 - AWARD BID FOR THE HVAC UPGRADE IN THE POLICE DEPARTMENT APPROVED *20. PU 97 -22 - ARCHITECTURAL SERVICES FOR THE SUPPORT SERVICES BUILDING APPROVED *21. PU 97 -23 - CONTRACT AWARD FOR MOWING OF RIGHTS -OF -WAY APPROVED 22. PW 97 -08 - APPROVE "NO PARKING, STOPPING OR STANDING" ZONE FOR THE 7500 BLOCK OF LOLA DRIVE - ORDINANCE NO. 2181 APPROVED Councilman Wood moved, seconded by Councilwoman Johnson, to approve Ordinance No. 2181. Motion carried 7 -0. City Council Minutes February 24, 1997 Page 7 *23. PW 97 -09 - AWARD OF BID TO MID -STATE UTILITIES, INC. IN AMOUNT OF $184,875.65 FOR WATAUGA ROAD 12" WATER LINE (PATSY LANE TO STARDUST DRIVE) APPROVED 24. CITIZENS PRESENTATION Mr. Steven Lipko, 6525 Westridge Drive, Watauga, appeared before the Council. Mr. Lipko requested that Council install "End School Zone" signs in the City. Mr. Lipko advised his main concern was Rufe Snow. He stated that when vehicles turn off of Hightower onto Rufe Snow they are in a school zone. He felt an "End School Zone" sign needed to be put up to remind drivers they are in a school zone. Mayor Brown instructed Staff to check into the request and report back to Council. Mr. Cliff Stevens, 9201 Kirk Lane, appeared before the Council. Mr. Stevens advised that several years ago the City put a water line in the ditch in front of his house. Mr. Stevens stated that the sand the City had put into the ditch had washed out. Mr. Stevens requested that the ditch be cleaned out and the sand replaced with material that would not wash out, i.e., dirt with clay. Mayor Brown asked the City Manager to look at the ditch and if the City Manager felt Mr. Stevens problem was caused by the City, the City would take action to correct it. Councilwoman Johnson advised the Historical Committee was sending out in the water bills brochures requesting information from citizens who would like to be included in the history of the city. 25. ADJOURNMENT Mayor Brown adjourned the meeting. Tommy Brown - Mayor ATTEST: Patricia Hutson - City Secretary C7�<i> aim -r , cn n' m � � 'p O < � � Yid '^ � ` ' �' Cc 0 i III I � O (D = ■ /^ Ci 3� � � I MROM MML ' CO c .�► w W.�C-n c,m0 IMML CO Cn -L N W A., - M M 0 0 0 0 0 0 0000000 L Cr m I C. c _\ O _. a _ �. 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CALL TO ORDER Mayor Brown called the meeting to order March 3, 1997 at 6:00 p.m. ROLL CALL Present: Tommy Brown Mack Garvin Lyle E. Welch Mark Wood JoAnn Johnson Don Phifer Byron Sibbet Linda Spurlock Sansoucie Staff: C.A. Sanford Larry Cunningham Patricia Hutson Rex McEntire Absent: Randy Shiflet Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilman Councilwoman City Manager Assistant City Manager City Secretary Attorney City Manager 2. GN 97 -19 CONSIDER PARTICIPATION IN THE PROPOSED CIVIC CENTER PROJECT OF BISD REJECTED The Council discussed the Civic Center project that was presented by the Birdville School Board on February 25, 1997. Mayor Pro Tern Garvin moved, seconded by Councilwoman Johnson, not to participate in the Civic Center project. Motion carried 7 -0. City Council Minutes March 3, 1997 Page 2 2A. GN 97 -20 CONSIDERATION AND PASSAGE OF ORDINANCE REQUIRING A FRANCHISE FROM ALL UTILITIES BEFORE OPERATING WITHIN THE CITY - ORDINANCE NO. 2182 APPROVED Mayor Pro Tern Garvin moved, seconded by Councilwoman Johnson, to approve Ordinance No. 2182. Motion carried 7 -0. 3. ADJOURNMENT Mayor Brown adjourned the meeting. Tommy Brown - Mayor ATTEST: Patricia Hutson - City Secretary IV RH CITY Of NORTH RICHLAND HILLS rRoCLAMAT10N WHEREAS, on November 20, 1996, Mr. Garb Stephens observeb a major accibent o» Northeast Loop 820 involving two cars; anb WHEREAS, one of the vehicles caught fire anb the briver was unable to escape his vehicle; anb WHEREAS, Mr. Stephens, without concern for his own personal safeN, reacheb into the burning vehicle, releaseb the seatbeltmechanism anb removeb the sole occupant of the vehicle to safeN., anb WHEREAS, the actions of Mr. Stephens saves the life of the briver. NOW, THEREFORE, 1, Tomm,4 13rown, Ma -4or of the Cites of North RichlAnb Hills bo hereby proclaim Monbati, March 24, 1997 as: "GARY STEPHENS DAY" in North Richlanb Hills, anb urge all citizens to join in this bati of recognition. IN WITNESS WHEREOI=, 1 have hereunto set m,4 hanb anb causeb the seal of the Citm of North Richlanb Hills to be affixeb this the 10th bati of 1=ebruarti 1997. Tommti t3'rown, or NRH CiTY Of NORTH RICHLAND HiLLS rnocLAMAT1ON WHEREAS, o" June 22, 1996, Mr. Eric Hamilton observes a resibence on fire at 4158 Willman; anb WHEREAS, the resibence was well involveb in fire anb the occupy »t was attempting to exti »Suisli the fire with a garben Dose; anb WHEREAS. Mr. Hamilton, without concern for his owm personal safeN, bib assist the labH awa,4 from the burning house, as the fire was growing larger; anb WHEREAS, the actions of Mr. Hamilton saveb the life of the occupant. NOW, THEREFOR£, 1, Tommvi l3rowri, Ma ,4or of the CitH of North Richlanb Hills bo hereN proclaim Tuesba ,4, March 2f, 1997 as " ERiC HAMILT0N DAY " in the Cites of North Richlanb Hills anb urge all citizens to join in this bam of recognition. IN WITNESS WHEREOF, i have hereunto set m,4 hanb anb causeb the seal of the Cites of North Richlanb Hills to be affixeb this the 24th ba14 of March 1997. TommH Brow", lye *r City of North Richland Hills Teen Court Minutes: Advisory Board Meeting Februaryy, 1997 Present: Ron Moore, Lynne Simpson, Bill Moore Absent: Kathy Graves, Tami Spraggins, Wayne Moody, Katie Watson I. Call to order at 6:00 p.m. II. Kristina thanked board member Bill Moore for making a suggestion box for Teen Court. III. Discussion about the Teen Court Training Session held on Saturday, February 8, 1997. The training went very well, as Judge McGinty took the reins and conducted mock trials. There were many new volunteers and they all seemed to be outspoken and eager to begin volunteering for Teen Court. IV. Discussion about the annual Teen Court Volunteer Banquet to be held in May. At the training session on February 8, volunteers were asked to vote on what type of food they would like at the banquet. Italian food won. Kristina suggested having the banquet at the Spaghetti Warehouse. After discussion about what entrees would be available and pricing, Lynne made a motion to approve the Spaghetti Warehouse as the banquet site. Ron Moore seconded and there was a unanimous vote in favor of the Spaghetti Warehouse. V. Distribution of Teen Court statistics. VI. Adjournment at 7:30. CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections Council Meeting Date: 03 -24 -97 Subject: Public Hearing to Consider an Amendment to the Zoning Agenda Number: PZ 97 -08 Regulations Regarding the Maximum Height Limit In Institutional Zoning. Ordinance Number 2183 The "U - Institutional' zoning district was created specifically for church, school, and government developments. Its purpose was to provide regulations that would address the unique characteristics associated with this type of development. The issues of height, setback, and all other development issues are addressed in the zoning district. Typical properties zoned in "U" - Institutional in North Richland Hills are Richland High School and all the other public school campuses, TCJC, St. Johns School, Fort Worth Christian Academy, North Richland Hills Fire Station on Mid - Cities Boulevard , and several church facilities throughout the community. The maximum height limit in the "U" - Institutional zoning district is 38 feet. This height limit creates problems for some of the Birdville Independent School Districts existing facilities which currently exceed the 38 foot limit. After reviewing existing school and church facilities, staff is recommending the following changes: Maximum height at building line: 30 feet, plus 1 foot of additional height for every 2 feet of distance from the building line. Height limitations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. The Planning and Zoning Commission considered this amendment request at its February 27th, 1997 meeting and recommended approval. RECOMMENDATION: It is recommended that the City Council hold the required Public Hearing and consider the recommendation of the Planning and Zoning Commission. Source of Funds: Bonds (GO /Rev.) Operating Budget Other Account Number Sufficient Funds Available Finance Director Head Signature C Manager CITY COUNCIL ACTION ITEM mo wall. Mr. Eric VV ite, Schrickel & Rollins, Inc., presented this reques Mr. Bowen asked`til.Wilhite if he believed this scre*�most was necessary. It was Mr. Wilhite's opinioA at since the property kely become commercial, it was not nece s. ry but state BISD would not have a problem either way. There being no addition Qe tions, Ch-311n Barfield stated he would entertain a motion. Mr. Bowe de the motion to approve PS 97 -07 subje engineering comm and the waiver of the screening wall on the eas the property. 6. PZ 97 -08 PUBLIC HEARING TO CONSIDER THE REQUEST TO AMEND THE MAXIMUM HEIGHT LIMIT IN INSTITUTIONAL ZONING. APPROVED Mr. LeBaron explained the U- Institutional zoning district was created specifically for church, school and government developments. Currently the maximum height limit in U zoning is 38 feet. This is creating problems for some of BISD's existing facilities. After reviewing existing school and church facilities, staff is recommending that this be changed to a maximum height at building line of 30 feet, plus one foot of additional height for every two feet of distance from the building line. Chairman Barfield opened the public hearing. There was no one remaining in the audience, so the public hearing was closed and discussion between the Commissioners began. There being nothing further to discuss, Mr. Owen made a motion to approve PZ 97 -08. Mr. Miller seconded the motion and it carried 6 - 0. G LLS ORDINANCE 2183 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ORDINANCE NUMBER 1874, THE COMPREHENSIVE ZONING ORDINANCE, TO ESTABLISH THE MAXIMUM HEIGHT LIMIT FOR STRUCTURES IN U INSTITUTIONAL ZONING; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after appropriate notice and public hearing the following recommendation is submitted to the City Council of the City of North Richland Hills, Texas, by the Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hill, Texas, has forwarded a recommendation to the City Council for the amendment of Ordinance No. 1874, the Comprehensive Zoning Ordinance, by changing the said ordinance as set forth herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Section 460. Primary District Regulations, for "U" School, Church, and Institutional District be hereby amended to read as follows: (10) Maximum Height of Structures: Maximum height at building line, 30 feet plus 1 foot of additional height for every 2 feet of distance from the building line. OR SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. Ordinance No. 2183 Page 1 APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 27th DAY OF February 1997. .�� /�''�'',,�+�� airman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 24TH DAY OF MARCH 1997. Mayor City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY. Attorney for the City Ordinance No. 2183 Page 2 J I ' I I I I Street — >1 R1ghf- of -U.,•). I�Ilustr.at�Ve H LC mLts - �- �nsftiutional 7anc CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections Council Meeting Date: 03 -24 -97 Subject: Public Hearing to Consider an Amendment to the Zoning Agenda Number: PZ 97 -09 Regulations Regarding the Minimum Height of Masonry Screening Walls for New Hotels. Ordinance Number 2184 There have been several inquiries regarding hotel and motel type developments over the past months that have raised concerns over the masonry screening wall requirement. Conversations with the City Manager's Office have led staff to recommend the increase from a six foot screening wall to an eight foot screening wall between commercial and residential properties when the proposed commercial development is a hotel or a motel. The extra two feet in height of the screening wall would not involve any different construction or engineering concerns than the six foot wall, but would allow for more privacy (especially at ground level) for the residential areas adjacent to the hotels. The Planning and Zoning Commission considered this amendment request at its February 27th, 1997 meeting and recommended approval. RECOMMENDATION: t is recommended that the City Council hold the required Public Hearing and consider the recommendation of the Planning and Zoning Commission. Finance Review Source of Funds: Account Number Bonds (GO /Rev.) Operating Budget Other �n Department Head Signature Sufficient Funds Available CITY COUNCIL ACTION ITEM Finance Director Aft",4,S--( Cif Manager APPROVED Mr. LeBaron explained that approximately five or six years ago, this Commission adopted regulations to require a masonry screening wall between any commercial development and residential neighborhoods. This wall was to be six feet in height. Several years ago, Homestead Village elected to erect an eight foot masonry screening wall between their location on NE Loop 820 and the residential neighborhood abutting their property. In the past several months numerous inquiries have been made into new hotel /motel development. Conversations with the City Manager's office have led staff to schedule this public hearing to require an eight foot masonry screening wall between commercial and residential zones, when the proposed commercial development is a hotel or motel. Chairman Barfield opened the public hearing. There being no one in the audience to speak in favor or against this item, the hearing was closed. Mr. Nehring made the motion to approve PZ 97 -09. The motion was seconded by Mr. Bowen and carried 6 - 0. Q STAFF REPORT / Mr. LeBaron ed the Commissioners that the j workshop with the City of Bedford was on 19 and that the works the Commissioners had requested has been tentati scheduled for arch 31. There were none. 9.\ CITjZ N COM 10. ADJOURNMENT There being no dditional business to conduct, the meeting adjo ned at 7:51 p.m. �" Secretary Planning & Zoning Chairman Planning & Zoning ORDINANCE 2184 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ORDINANCE NUMBER 1874, THE COMPREHENSIVE ZONING ORDINANCE, TO ESTABLISH THE MINIMUM HEIGHT OF MASONRY SCREENING WALLS FOR HOTELS /MOTELS WHEN ABUTTING RESIDENTIAL PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after appropriate notice and public hearing the following recommendation is submitted to the City Council of the City of North Richland Hills, Texas, by the Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hill, Texas, has forwarded a recommendation to the City Council for the amendment of Ordinance No. 1874, the Comprehensive Zoning Ordinance, by changing the said ordinance as set forth herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Section 320. Special Land Use Regulation, Number 14 for Hotels /Motels be hereby amended to read as follows: (14) Hotel /Motel - Must have ten or more units and include a check -in lounge. A masonry screening wall, not less than eight (8) feet in height, shall be required when a hotel /motel is abutting residential property.(See Section 920) 2. THAT, Article 9, Landscaping, Buffering, and Screening Regulations be amended to insert the following paragraph as Section 920 B No. 5: Section 920 B No. 5 Screening Wall Required, Motel /Hotel Abutting Residential Districts A Permanent screening wall of masonry type construction, not less than eight (8) feet in height shall be erected for any Motel or Hotel development which abuts any residential zoning district. This regulation shall be applicable to all new construction; or any proposed building remodeling, alteration, addition, or expansion in which the value of the proposed building remodeling, alteration, addition, or expansion, exceeds seventy five percent of the current appraised value of the existing structures, excluding the value of the land; or any proposed building addition intended to increase the square footage of the building by thirty percent or greater. The permanent screening wall shall be constructed along the entire length of the common property line between such properties, and within the property required to erect the screening wall. Ordinance No. 2184 Page 1 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 27th DAY OF February 1997. A �,,e,,%.fo+tairman, Planning and Zoning Commission I, Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 24TH DAY OF MARCH 1997. Mayor City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No. 2184 Page 2 CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections Council Meeting Date: 03 -24 -97 Subject: Consider the Request of Rader Partners, for a Final Plat Agenda Number: PS 97 -05 of Lot 5, Block 7, Industrial Park Addition. (Located between Rufe Snow Drive & Industrial Park Boulevard) Rader Partners is the owner and developer of Lot 5, Block 7 (2.751 acres), Industrial Park Addition, located between Rufe Snow Dr. & Industrial Park Boulevard. The following are the major issues regarding this Final Plat. Other comments are included in the attached engineering comments. (1) 3 Year Effective Period of Preliminary Plat Approval Expired. The Planning & Zoning Commission approved a Preliminary Plat of this property May 6, 1993. The Subdivision Regulations require a Final Plat submittal of all portions of the Plat within 3 years after approval of the Preliminary Plat. The developer is requesting a waiver of the 3 year time limit on the basis that the Final Plat is consistent with the original Preliminary Plat and no City Regulations have changed during the 3 year period. (2) Sanitary Sewer. The developer is extending a sewer line 240 feet west of Rufe Snow Drive to serve this development. Staff proposes the extension of the sanitary sewer line an additional 350 feet to the high point of the street. This would accommodate future growth in the unplatted area to the south. The developer does not want to extend the additional 350 feet of sewer line, since the ultimate configuration of the property to the south is not known at this time. (3) Right -of -Way. Staff request an additional 4 feet of right -of -way along Industrial Park Boulevard. The developer has agreed to dedicate the additional 4 feet. The developer has agreed to all other engineering comments. The Planning and Zoning Commission considered this request at its March 13th, 1997 meeting and has recommended approval as follows: (1) To waive the 3 year time limit, (2) To waive the additional 350 feet of sewer line extension, and (3) To require the additional 4 foot of right -of -way. RECOMMENDATION: It is recommended that the City Council approve the recommendation of the Planning and Zoning Commission. inance Review Source of Funds: Account Number Bonds (GO /Rev.) Sufficient Funds Available Operating Budget Other Finance Director Dep mefit Head Signature Ci I Manager CITY COUNCIL ACTION ITEM 4. PS 97 -05 REQUEST OF RADER PARTNERS, FOR A FINAL PLAT OF LOT 5, BLOCK 7, INDUSTRIAL PARK ADDITION (LOCATED BETWEEN RUFE SNOW DRIVE & INDUSTRIAL PARK BLVD.) APPROVED Mr. LeBaron explained that the preliminary plat had been approved for this addition on May 6, 1993. The Subdivision Regulations require a Final Plat submittal of all portions of the Plat within three years after approval of the Preliminary Plat. The applicant is requesting a waiver from this requirement since nothing has changed. Mr. LeBaron stated there were two other issues associated with this Final Plat, (1) sewer extension and (2) additional right -of- way on Industrial Park Blvd. Mr. LeBaron stated the developer planned to extend the sewer a distance of 220 feet west of Rufe Snow and that staff was recommending the sewer be extended an additional 350 feet to the top of the hill. Staff was also requesting an additional four feet of right -of -way along Industrial Park Blvd. Mr. Richard DeOtte, engineer for Rader Partners, explained that the Final Plat submitted was just like the preliminary plat the Commission had approved on May 6, 1993. He additionally stated that since the ultimate configuration of the property to the south is not known at this time, they would prefer not to extend the sewer line the additional 350' that public works is requesting. The developer stated he had no problem dedicating the additional four feet of right -of -way on Industrial Park Blvd. Mr. Lueck made the motion to approve PS 97 -05, allowing the waiver of the three year time frame, and subject to the engineers comments, requiring the four feet of right -of -way and waiving the 350 foot sewer extension. Mr. Bowen seconded the motion and it carried 4 - 0. NRH e of Development Being ❑ SF Residential ❑ Duplex Residential Application Fee: ❑ MF Residential ❑ Other Commercial / Industrial 1. Application Fee A Co 2. Number of residential lots ® $1.50 per lot: .� 3. Number of non - residential lots (9 $5.00 per acre 00 3. 8 At.) 4. Number of street intersection signs ® $65.00 each , 5. County plat filing fee: S Q J TOTALFEE 3 2- I hereby certify that I am, or represent, the legal owner of the property described above and do hereby submit this Final Plat to the Planning and Zoning Commission for consideration. n /t Date: I" 3 0 — 9 Applicant's Phone No.: ]S 1 �`� 19-0 l Print Name: R It Lk p r J D e, �"r Ts. Signature: Li. OFFICE USE ONLY Taxes Paid � , Liens Paid Case Number Assessments Paid FINAL PLAT CD - 402 (2/96) APPLICATION FOR A City of North Richland Hil Is 7301 Northeast Loop 820 (Please nnt or ll P type a responses) FINAL PLAT North Richland Hills, Texas 'roposed Subdivision Name: T +a c LOT S' 19 L0c k 817- 581 -5500 INOvSTRtAL P4,'zK AflGµ. Current Legal Description: A 2.04 A t Rer. T" C T our or, Name and Address of Current Property Owner., RAPER PARTNERS P.O, ao�t (ilia« Phone No. 1-7- 9a- fji3o3 DA, LLAS , Tx . Name and Address of Previous Owner.•(if purchased during last twelve months) Name and Address of Developer: S IL lM iE A►i o W KjW Vt Phone No. Name and Address of Engineer: SPIARS De0TTIF, (tLIC. 1 020 AfL A C d M ST R rrtT , u i 6 Phone No. g 1 q 2.9 0' FORT WO11TK j Tx. - 7 (of 02 h* 335— 1i$ 2) e of Development Being ❑ SF Residential ❑ Duplex Residential Application Fee: ❑ MF Residential ❑ Other Commercial / Industrial 1. Application Fee A Co 2. Number of residential lots ® $1.50 per lot: .� 3. Number of non - residential lots (9 $5.00 per acre 00 3. 8 At.) 4. Number of street intersection signs ® $65.00 each , 5. County plat filing fee: S Q J TOTALFEE 3 2- I hereby certify that I am, or represent, the legal owner of the property described above and do hereby submit this Final Plat to the Planning and Zoning Commission for consideration. n /t Date: I" 3 0 — 9 Applicant's Phone No.: ]S 1 �`� 19-0 l Print Name: R It Lk p r J D e, �"r Ts. Signature: Li. OFFICE USE ONLY Taxes Paid � , Liens Paid Case Number Assessments Paid FINAL PLAT CD - 402 (2/96) CITY OF NORTH RICHLAND HILLS Public Works March 4, 1997 MEMO TO: Planning and Zoning Commission FROM: Julia W. Skare, P.E. Staff Engineer SUBJECT: PS97 -05; INDUSTRIAL PARK ADDITION; Block 7, Lot 5; Final Plat We have reviewed the subject documents submitted to this office on February 20, 1997. The following items are for your consideration. 1. OFFSITE GRADING There is off site grading adjacent to the south side of Eagle Crest Drive. A notarized letter from the property owner will be required prior to the start of grading. 2. SANITARY SEWER The sanitary sewer line located on the south side of Eagle Crest Drive should be extended to the west to the high point of the street. This will allow the property to the south fronting on Eagle Crest Drive access to sanitary sewer. 3. SIGNATURES The appropriate signatures of the Owner's and the surveyor will need to be added to the mylar of the Final Plat. 4. SIDEWALKS The Zoning Ordinance requires sidewalks adjacent to all public streets. Public Works suggests all of the sidewalk adjacent to the north side of Eagle Crest Drive, the west side of Rufe Snow Drive and the east side of Industrial Park Boulevard be constructed when building permits are issued for Lot 5. Public Works is not opposed to the sidewalk along the south side of Eagle Crest Drive being constructed with the development of the lot to the south. 5. STREET LIGHTING The locations of proposed street lights have been shown on the plans. The cost for installation of any street lights will be paid by the developer directly to TU Electric. P.O. Box 820609 • North Richland Hills, Texas - 76182 -0609 7301 Northeast Loop 820 • 817- 581 -5521 - FAX 817- 656 -7538 6. INSPECTION FEES Inspection fees will be due prior to starting construction. The current rate is four percent for water and sewer and three percent for streets and drainage. There are numerous comments regarding the engineering and construction plans. These comments are recorded on a set of blueline construction plans. These plans have been returned to the Engineer for revision. The comments contained herein do not purport to relinquish the design engineer of their responsibility to provide adequate, accurate and buildable construction plans. The City's eventual approval of the construction plans will not signify acceptance of responsibility by the City of North Richland Hills for the engineering in the bid documents. The marked -up blue lines need to be returned with the next submittal. WW--. Skare, P.E. Sta Engineer JWS1pwm97033 cc: Kevin B. Miller, P.E., Assistant Public Works Director Barry LeBaron, Director of Planning and Inspection Services S 4mo te, Inc. CONSULTING ENGINEERS Marcie 4, 1997 Ms. Julia W. Skare, P.E. Public Works Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76182 -0609 Re: PS97-05; Industrial Park Addition Block 7, Lot 5; Final Plat Ms. Skare: CIVIL ENGINEERING LAND PLANNING HYDROLOGYtHYDRALIUCS I received a facsimile copy of your memo to the Planning and Zoning Commission dated March 4, 1997 regarding the above referenced final plat. We offer the following responses to the comments therein. 1. OFFSITE GRADING A letter from the property owner- acknowledging and accepting the grading will be provided prior to construction. 2. SANITARY SEWER The Preliminary Water and Sewer Plan prepared as part of the Preliminary Plat submittal for this property includes planning for about 23 acres of property within the bounds of Rife Snow Drive on the east, Industrial Boulevard on the west and north and Browning Drive on the south. An existing sewer line is located within the Browning Drive right -of -way to the south and another existing line erAends a short distance north on Industrial from the Industrial/Browning intersection. The Preliminary Water and Sewer Plan indicates a proposed sanitary sewer line in the Eagle Crest Parkway extending about 220 feet from the right - of-way of Rufe Snow. Some of the property could be served by the Eagle Crest line. The larger portion of the site will be served off of the lines in Industrial Park Boulevard and Browning Drive to the south. The construction plans for the final plat of Eagle Crest Drive proposes constriction of the proposed line as indicated on the Preliminary Water and Sewer Plan. According to the proposed lot layout of the Preliminary Plat, the sewer line as proposed is more than -- %&I �i �., ... . u:........... C..:#.. 0') on - n1 11— T—e 7r, 3 )n . 1.314\ rzr.d_11i'), 4 ;:7v /7i d1 ArSd.(1177 J� 1020 Macon Street, Suite 16 -Fort Worth, Texas 76102 - (817) 768 -8590 W Jtrl/a W. skam P.F. Marrdt I, 1 "7 Page 2 adequate and meets the City's requirements regarding utility extension to adjacent properties. Since the property to the south of Eagle Crest is not being platted now many future lot configurations are possible. It is recognized that the property could develop in a manner that would require the additional sewer line to be constructed, but ttre current property owner believes that this condition is very unlikely. If, in fad, this line is required to serve a proposed lot configuration of the remaining property, we believe it would be better constructed later when that property is platted. ff it is constructed now, it is likely that it win never be needed. Therefore, we request that the sewer line be constnWed as submitted and any future extension be made upon platting of the affected property. .L ►.: l • • 4. SIpEWALKS Agreed. jl Agreed. SDI has also received the mark up plans from your office and is in the process of addressing these comments. We request that the final plat be advanced to Planning and Zoning Commission for approval while these issues are being resolved. Thank you for your assistance in the review of these plans. Sincerely, SPIARS & DEOTT F INC. L. gD &�f Richard W. Deotte, P.E. %MUtte, Inc • CIVIL ENGINEERING LAND PLANNING CONSULTING ENGINEERS HYDROLOGY /HYDRAULICS December 30, 1996 Mr. Barry LeBaron Director of Planning City of North Richland Hilts 7301 NE Loop 820 North Richland Hills, Texas 76180 Re:. Extension.of P, relimi>n&y Plat Approval - Industrial Park Addition Dear Barry: On behalf of our Client, Rader Partners, we request that the approval of the Preliminary Plat for the Industrial Paris Addition that was issued in duly of 1993 be extended for as long as possible. We are not aware of any conditions that have changed that affect the development of the site. If you have any questions, please contact me at 42"111. Sincerely, SPIARS & DeOTTE, INC. " 6). -PA6 Richard W. DeOtte, P.E. 2351 W. Northwest Highway, Suite 3280 • Dallas, Texas 75220 • (214) 654 -0123 • Fax (214) 654 -0122 1020 Macon Street, Suite 16 • Fort Worth, Texas 76102 • (817) 788 -8590 THE STATE OF TEXAS § COUNTY OF TARRANT § AFFIDAVIT OF DISQUALIFICATION The undersigned City Council person of the City of North Richland Hills hereby under oath says that he has an interest in Item /S on the City Council Agenda for /�ee- oZ y , 199 % . The nature of the interest is: It/5. le 7z , By filing this affidavit with the City Secretary, the undersigned gives notice that he will not and has not taken part in the discussion or deliberation on such agenda item and will not vote on such agenda item. Signed under oath this day of i�G�iYf , 1992, Sworn to and subscribed before me this 199/ PATRICIA HUTSON ' Notary Public, State of Texas My Commission Expires 8.08.99 fty Secretary City of North Richland Hills, Texas CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections \,,_.�ubject: Consider Establishing Pool Wastewater Discharge and Lot Swimming Pools. rawng Keguiations Ordinance No. 2154 3/24/97 Council Meeting Date: GN 96 -135 Agenda Number: Attached is Ordinance Number 2154, which will (1) establish regulations for the proper disposal of swimming pool wastewater, and (2) require pool contractors to meet certain drainage and lot grading standards. The City Council adopted swimming pool regulations in February 1995 which established standards for the operation of public and semi - public pools, such as those at motels and health clubs. However, regulations which apply to private swimming pools are not addressing the proper disposal of swimming pool wastewater and the problems of drainage complaints caused from pools constructed with little or no drainage consideration. Fort Worth, Arlington, Plano, Dallas, Richardson, Carrollton and Irving are a few of the area cities that require connection to the sanitary sewer in lieu of discharging pool wastewater to the yard. Hurst allows homeowners to discharge pool water to the street. This regulation does not apply to any existing swimming pools. Regulations are also contained in the proposed ordinance which establish drainage and lot grading requirements for pool contractors. The City Council adopted lot grading requirements for newly constructed houses in July 1995 prevent drainage problems within residential subdivisions. However, there are no similar requirements for pool contractors. Many drainage problems occur when swimming pools are constructed too close to a side or rear property line which changes drainage flows. The proposed ordinance will (1) require pool contractors to submit a proposed drainage plan showing how the lot will drain as a prerequisite to obtaining a building permit, and (2) prevent pool contractors from filling any property within two feet of a side or rear property line. For special conditions, the regulations allow a drainage plan prepared by a registered professional engineer to deviate from the established criteria. . RECOMMENDATION: It is recommended that the City Council approve Ordinance Number 2154. Source of Funds: Bonds (GO /Rev.) Operating Budget Other t -I DeparfMent HeWSignature Finance Review Acct. Number _ CITY COUNCIL ACTION ITEM on'o i „a ORDINANCE NO. 2154 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, ESTABLISHING RULES AND REGULATIONS FOR PUBLIC AND SEMI- PUBLIC SWIMMING POOLS AND HOT TUBS / SPAS AND PRIVATE SWIMMING POOLS; PROVIDING FOR PERMIT FEES; PROVIDING FOR ANNUAL INSPECTIONS; AND CONTAINING A SEVERABILITY CLAUSE, A PENALTY FOR VIOLATION, AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of North Richland Hills, Texas, has determined that the regulation of public and semi - public swimming pools and hot tubs / spas and private swimming pools is necessary for the health, safety, and general welfare of the citizens of the City, now, therefore, Be it ordained by the City Council of North Richland Hills, Texas that: ARTICLE I DEFINITIONS AND APPLICABILITY Section 1.01 DEFINITIONS A. Certified Pool Operator - the person trained through an approved program, permitted and ultimately responsible for the safe sanitary maintenance of a public or semi - public pool or hot tub / spa on staff, per site. B. Free Chlorine Residual - the chlorine concentration, in milligrams per liter (mg /1) units of water, available for rapid and effective biocidal action. This is the chlorine which remains uncombined with nitrogenous or ammoniacal compounds after the initial chlorine demand of the water has been satisfied. C. Fee schedule - applicable fee set by the City Council of North Richland Hills. D. Hot Tub / Spa - therapeutic pool ", hydrotherapy pool ", whirlpool ", hot tub ", and similar type pools which are specifically designed to incorporate water jets and / or an aeration system to be used for hydro massage and which may not be drained, cleaned and refilled for each individual and which is intended to be used Lby the general public for therapy massage and is operated bV an owner lessee. operator. lic nsee or concessionaire. regardless of whether a fee is harged f E. Lifeguard - an individual schooled and certified in an advanced course of instruction in lifesaving and water safety equivalent to that offered by the American Red Cross. F. Private Pool - any pool located on private, single - family residential property under the control of the homeowner or tenant, the use of which is limited to members of the homeowner's or tenant's family or invited guests. G. Public Pool - any pool, hot tub / spa or water slide which is intended to be used by the general public for swimming, bathing or other related purposes and is operated by an owner, lessee, operator, licensee or concessionaire, regardless of whether a fee is charged for use. H. Residential - pertaining to any structure or premises used for permanent living quarters of whatever type, including conventional single - family residences, duplexes, multi - family residences. I. Semi - Public Pool - any pool, hot tub / spa or water slide which is not included within the definition of either "Private Pool" or "Public Pool" as those terms are defined herein. J. Swimming Pool or Pool - any structure, basin, chamber or tank containing an artificial body of water for swimming, diving or recreational bathing and shall include water slides. K. Wading Poo/ - A constructed or prefabricated pool used for wadin w*k*44 less than twen(y-four (2�4_) inche� in depth, L. Water Park - A facility consisting of multiple attractions including water slides, wave pools, children areas, endless rivers and various other attractions that differ from the traditional swimming pool complex. In order to qualify as a water park all attractions must be contained on one site. M. Water Slides - any recreational water slide flume designed to provide a descending ride into a splash -down pool at the base of the slide. Section 1.02 APPLICABILITY: These regulations shall apply to the following: A. All public or semi - public hot tubs and spas. B. All public or semi - public swimming pools, water parks, and water slides. lip 111111!11111 'Iff . / • • • • • • • • • . • ! • • / . ! EXCEPTION: The fencing and locking gate requirements shall be applicable to all pools. ARTICLE II PUBLIC AND SEMI - PUBLIC POOLS Section 2.01 PERMIT REQUIRED A. A person shall not operate a public or semi - public pool or hot tub /spa in the City of North Richland Hills unless and until a permit for such purposes has been issued by the Environmental Services Official or his /her designee. B. An application for such permit as required in this Article shall be made in writing to the Environmental Services Official or his /her designee upon forms prescribed and furnished by the City of North Richland Hills. C. An applicant must designate a Certified Pool Operator for each complex for which a permit is sought and the person designated as the Certified Pool Operator must be employed on the premises where the pool is located. D. Operational permits shall expire on April 30th of each year, unless suspended for -- cause before expiration date and must be renewed each year as described in this Section. E. Public pools which are owned and operated by the City or public schools must obtain an operational permit but shall be exempt from paying the application fee and the operational permit fee. Section 2.02 PERMIT DURATION AND RENEWAL: The permit shall be renewable on May first (1st) of each calendar year. Section 2.03 PERMIT FEE: The permit fee for a public or semi - public pool or hot tub .Z pa shall be one hundred ($100) dollars. Each public or semi - public pool or hot tub / spa shall require a separate permit. Section 2.04 INSPECTIONS: The Environmental Services Official is authorized to conduct such inspections as he /she deems necessary to ensure compliance with all provisions of this ordinance. He /she shall have right of entry at any reasonable hour upon the premises where a public or semi - public pool or hot tub /spa is located. He /she shall have the authority to collect water samples from the pool or hot tub /sPa. Each public or semi - public pool or hot tub /spa shall be inspected by an Environmental Services official prior to use by the public for the swimming season. Section 2.05 MAINTENANCE AND OPERATION A. Every public and semi - public pool or hot tub /spa shall employ a Certified Pool Operator, as provided in Section 3.01 above, who shall be responsible for compliance with all parts of this Article relating to pool maintenance, pool operation and safety of swimmers. It shall be unlawful for such Certified Pool Operator to cause or permit the existence of a condition which is in violation of any part of this Article. B. All pumps, pump rooms, filters, disinfectant and chemical feeders, drains, ladders, lighting, ropes and appurtenant equipment used in the operation of all public and semi - public pools or hot tub /spa shall be maintained in a good state of repair. C. All public and semi - public pools or hot tub /spa shall be treated and maintained in accordance with the following standards: Every pool shall contain a disinfecting concentration of a minimum free chlorine residual of 1.0 mg /1. Every or hot tub/ spa shall contain a disinfecting concentration of a minimum free chlorine residual of 2.0 mg /1. Use of any disinfectant other than chlorine must be approved by the Environmental Services Official. A test kit for measuring the concentration of the disinfectant, accurate within 0.2 mg /1, shall be provided at each pool / hot tub / spa. 2. If cyanuric acid is used to stabilize the free available chlorine, or if one of the chlorinated isocyanurate compounds is used as the disinfecting chemical, the concentration of cyanuric acid in the water should be at least 30 mg /1, but shall not exceed 100 mg /1. A test kit should be available for measuring the concentration of cyanuric acid. 3. Every pool shall have water a pH of not less than 7.2 and not more than 8.0. A pH test kit accurate to the nearest 0.2 pH units, shall be provided at each pool. The total alkalinity of the pool water shall be at least 50 mg /1, but not greater than 150 mg /1. 4. The presence of organisms of the coliform group in any sample shall be deemed unacceptable water quality. 5. Every pool or hot tub /spa shall have water clarity sufficient for the main drain or a six inch (6 ") diameter turbidity test disk placed at the deepest part of the pool to be clearly visible. Failure to meet this requirement shall be sufficient cause for immediate closure of the pool or hot tub L. 6. Every pool or hot tub / saa shall be free of scum, and foreign floating matter, sediment, dirt, slime, algae and all other foreign material that may be conducive to the transmission of disease. D. The recirculatory system of a public or semi - public pool or hot tub /spa must be in operation and properly maintained at all times. E. Water introduced into the pool shall be supplied through an approved air gap. Any other method of introducing water into the pool system must comply with the Uniform Plumbing Code of the City of North Richland Hills. F. Areas surrounding a public or semi - public pool, including bathhouses, dressing rooms, toilets, shower stalls and lounging areas shall be kept clean and in a state of good repair at all times. Section 2.06 DRAINAGE OF POOL WATER I FILTER BACKWASH • • . • • • - r - • r • • • • • Me- - • • • • • • • • • •. l • • �, • • - • r • - • • • • • 1 - • • • • • • - • A. Direct disposal into the City sanitary water system through lines and equipment installed in accordance with this code, or discharge. • Q. -• as gray water for • • pu&poses in a manner a• • • -• by the ' • • rks Director, Section 2.07 HEALTH AND SAFETY PROVISIONS A. All public pools, excluding hot tubs /spas, shall be attended by at least one (1) lifeguard during all hours of operation. B. The following safety equipment shall be readily available at all public and semi- public pools, excluding hot tubs /spas during all times they are open for use: 1. A life pole or shepherd's crook type of pole, having blunted ends, with a minimum length of twelve feet (12'); or a ring buoy of not more than fifteen inches (15 ") in diameter, to which shall be attached a throw line at least the -- length of the maximum width of the pool. 2. A guard line rope separating the shallow portion of the pool from the deep portion at the breakpoint depth. C. Semi - public pools, where no lifeguard service is provided, shall post in plain view at each entrance to the pool a warning sign which states "WARNING - NO LIFEGUARD ON DUTY ", with clear, legible letters at least four inches (4 ") in height. In addition, the sign shall also state, "CHILDREN SHOULD NOT USE POOL WITHOUT AN ADULT IN ATTENDANCE ". D. A sign shall be placed in distinct view of swimmers at all semi - public pools giving the emergency telephone number of the Police Department and the ambulance service or shall state the location of the nearest telephone and also state that emergency telephone numbers are posted at that location. At public pools, these telephone numbers shall be conveniently located at each telephone location. E. Depth markings must be visible at or above the water surface of the vertical pool wall and on the edge of the deck next to the pool, at maximum and minimum depth points, at points of break between depths and spaced at not more than twenty -five foot (25') intervals around the entire perimeter of the pool. Markings must be in numerals of minimum height of four inches (4 "). F. A sign should be posted requiring a shower before using the pool. G. A sign should be posted at all public and semi - public spas warning that alcohol should not be consumed prior to or while using the spa. H. All chemicals used in swimming pool water treatment shall be stored in their original containers and kept in a cool, dry and well - ventilated place, out of the reach of children and should be kept in a locked room. I. The pool shall be surrounded by an approved wall or fence not less than six four feet (6) M in height with self - latching gates with locks at all entrances into the pool area. Said fence shall be kept in good repair, including areas adjacent and on the inside and outside of the fence. J All pools and hot tubs shall be fitted with "anti- vortex" protection at each drain. Section 2.08 REGULATIONS IN POOL AREA A person commits an offense if he /she: A. Allows an animal under his /her control to enter or remain within the pool area or pool enclosure of a public or semi - public pool; or B. Has skin abrasions, open sores, skin disease, eye disease, nasal or ear discharge or a communicable disease and swims in a public or semi - public pool; or C. works at a public or semi - public pool while infected with a communicable disease; or D. alters or removes safety equipment from a public or semi - public pool except in an emergency; or E. carries glass within a public or semi - public pool area or enclosure. Section 3.01 HEALTH AND SAFETY A, The pool shall be surrounded b_V an al2proved wall or fence not less than six feet • in height • gates with locks entrances L • the poo/ area. Said fence shall be kel2t in good rej2ajG including areas adi-4cent L • on the inside and outside of ihe fence, H•weyer, • - la d-der may b - allowed on • • - • • • pool wheL the building L • • has determined that substantial con�pfiance with this safety regmirement is satisfactoM • • . • • • - IL . • - • 1176 • • • • • • • L • • L • • • • • • • • - t ' L • • • • • . a 1 . L • • - L - • • • • • - • • • TWIT • r • • • • - • MW B. Recirculation of filtered pool backwash shall be directly into the pool after proper disposal of cartridge filter or similar type filtering system which has no water discharge. ARTICLE IV REQUIREMENTS FOR ALL POOLS Section 4.09 SWIMMING POOL WASTEWATER DISPOSAL No direct connection shall be made between any storm drain, sewer, drainage system seepage pit underground leaching pit, and with any line connected to a swimming pool or hot tub graae. ► raps neea nor pe vented when located on the exterior of the building The connection between the filter waste discharge piping and the P trap shall be made by means of an a►raap Section 4.02 SWIMMING POOL GRADING AND DRAINAGE REQUIREMENTS section This 1- ll establish buildina Dermit drainage and lot grgding • Araw • • • • • • • • • • - • • • • • • 1! • inspection sh• - approved unless the proposed • • • and • • • • • - , are in • • regulations, A. All • • • • - • • • • 1 • • • • • • • • • - 1 • , include a s2/ot plan drawn scale showing the following: 1. the limits of the proposed pool and poo/ decking. 2. any proposed • 2caping wall orrgtainina and 3. the • • • - • • the vroposeddrw:vage ialer • 1 • • 1 • the proposed pool and pool decking. • • - • • - • • •ILA _ , _ I_ • _ • • 1 j I. All surface water to drain awayArQm any pool • ••• • • yed drainage plan for the 2. All grading plans to be consi�tent wdth -the ap= . subdivision, 3. - toe of any • • - • • • of • • - • • - • • - or rear propej v line than one half the height of the slope or cut The minimum distance in this situation shall be two (2) feet 4. No cut or fill shall be made within an drainage easement -- 5. No cut or fill slope associated with a pool or pool deck shall exceed a 3.1 ratio. 6. The Building Official may require a retaining wall to maintain compliance with these drainage requirements D. The Building Official may approve alternate setbacks or drainage patterns when shown on a grading plan which has been prepared and sealed by a registered professional engineer. ARTICLE V ENFORCEMENT Section 5.01 FAILURE TO COMPLY A. Public and Semi - public Pools Failure to comply with any section of this ordinance may result in the immediate closure of the pool and /or the initiation of legal action. 1. Upon determination that the pool does not comply with the provisions of this ordinance, the Environmental Services Official shall notify the Certified Pool Operator of the existing violations. If the Environmental Services Official determines that the condition of the pool is hazardous to the health or safety of the swimmers or of the general public, the pool shall be immediately closed. Signs shall be posted at all entrances to the swimming pool. Said sign shall be clearly visible to a reasonably observant person and shall state, "Closed by the North Richland Hills Environmental Service Department ". A re- inspection of the pool will be conducted during the regular working hours of the Environmental Services Department at the request of the Certified Pool Operator. If compliance has been achieved, the Certified Pool Operator shall be notified that the pool may be opened. 2. Damage to or removal of said sign may result in the issuance of a citation to the manager of the property and /or the Certified Pool Operator. 3. When the Environmental Services Official has ordered that a pool be closed due to non - compliance with any provision of this ordinance, the owner of such pool shall not knowingly allow the pool to be used for swimming, diving or bathing purposes and shall immediately take every reasonable step to prevent the use of such pool for such purposes. By way of example and without limiting such duty, the owner shall (1) immediately post notices reasonably likely to come to the attention of potential users of the pool, advising of the closure and (2) shall immediately lock all gates and doorways in any fence or other enclosure surrounding such pool. 4. Use of the pool by an individual for swimming, diving or bathing purposes after the Environmental Services Official has ordered such pool to be closed shall be deemed prima facie evidence that the owner of said pool has knowingly allowed the pool to be used for such purposes. 5. Failure to comply with any section of this ordinance may result in the immediate closure of the pool and /or the initiation of legal action B. Private Pools In the case of private pools that are abandoned or are allowed to become unsanitary rendering them unsafe for swimming or bathing, the City of North Richland Hills may require that the pool in question be secured with a cover approved by the Environmental Services Official. Should the owner or person in control of said pool not comply when ordered to do so by the Environmental Services Official, the City may choose to cover the pool in question and collect the cost incurred from the owner of the property on which the pool is located. 5.04 ENFORCEMENT RESPONSIBILITY The Environmental Services Official, Building Official, or Chief Code Enforcement Officer, or their authorized representatives, shall have enforcement responsibility for this ordinance. ARTICLE VI SEVERANCE, REPEALER, PENALTY AND EFFECTIVE DATE Section 6.01 SEVERANCE That it is hereby declared that the sections, articles, subsections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph, subsection, article or section of this ordinance shall be declared void, ineffective, or unconstitutional by a valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not effect any of the remaining phrases, clauses, sentences, paragraphs, subsections, article or sections of this ordinance since the same would have been enacted by the City Council with the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph subsection, article or section. Section 6.02 REPEALER Ordinance Number 2036 is hereby repealed and superseded by the adoption of this ordinance. Section 6.03 PENALTY m - Any person, firm, association of persons, company, corporation or their agents, servants or employees violating or failing to comply with any of the provisions of any Health Article shall be fined upon conviction not less than one dollar ($1.00) nor more than two hundred dollars ($200.) And each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative of other remedies provided by state law and the power of injunction as provided in Vernon's Ann. Civ. St. Art. 1175(f), (1) to (8) and as may be amended may be exercised in enforcing this article whether or not there has been a complaint filed. Section 6.04 EFFECTIVE DATE This ordinance shall be in full force and effect from the date of passage and approval and publication as required by law: Passed and approved this Day of ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City 19 Tommy Brown, Mayor CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 03/24/97 Subject: Supporting Partners In Mobility's Policy Position on Agenda Number: GN 97 -21 Federal egis a ive Issues - Resolution No. - Mayor Brown asked that the attached Resolution be forwarded for council consideration. The resolution supports Partners In Mobility's policy position on Federal Legislative issues. It also supports their policy position on the Streamlined Transportation Efficiency Program for the 21 st Century (Step 21). It is recommended that City Council approve Resolution No. 97 -12. Finance Review Source of Funds: Acct. Number Bonds (GO /Rev.) Sufficient Funds Available Operating Budget _ Department Head Signature CITY COUNCIL ACTION ITEM City N4anager Page 1 of Finance Dinwor RESOLUTION NO. 97 -12 WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991 will expire on September 30, 1997; and WHEREAS, the region's ability to fund the transportation improvements identified in Mobility 2020: The Metropolitan Transportation Plan will be significantly impacted by the legislation that will be enacted to succeed the Intermodal Surface Transportation Efficiency Act of 1991; and WHEREAS, a proposal to increase the percentage of revenues from the Highway Trust Fund returned to Texas and other donor states, known as the STEP 21 Coalition, will be introduced in the 105th Congress; and WHEREAS, the Dallas -Fort Worth Area Partners In Mobility is a coalition of elected officials and business and civic leaders from the North Central Texas region who are committed to maintaining the viability of the Dallas -Fort Worth regional economy by improving the area's surface transportation system through continued investment; and WHEREAS, the Dallas -Fort Worth Area Partners In Mobility have been actively involved in Texas state legislative matters since 1995 and believe that these efforts should be complemented by similar activity in federal legislative matters; and WHEREAS, it is in the interest of the Dallas -Fort Worth region for the City of North Richland Hills to take a position on the reauthorization of the Intermodal Surface Transportation Efficiency Act of 1991; NOW, THEREFORE BE IT HEREBY RESOLVED THAT: 1. The City of North Richland Hills is in support of the attached Partners In Mobility Position on Federal Legislative Issues for the 105th Congress. 2. The City of North Richland Hills is in support of the atache Partners In Mobility statement to Congress regarding the proposal from the Streamlined Transportation Efficiency Program for the 21st Century (STEP 21). 70 This resolution will be sent to local, state, and selected committee representatives in the U.S. Congress and any other interested parties. 4. This resolution shall be in effect immediately upon its adoption. PASSED AND APPROVED THIS 24TH DAY OF MARCH, 1997. Approved: Tommy Brown, Mayor Attest: Patricia Hutson, City Secretary Approved as to Form and Legality: Rex McEntire City Attorney Public and Private Transportation Interest Groups 1. Remove the four transportation trust funds from the Unified Federal Budget. Transportation programs are funded by taxes and user fees: therefore they are self- supporting and should not be limited by domestic spending caps. Removing the trust funds from the Unified Federal Budget frees the balances of all four trust funds to be spent down. thereby increasing transportation expenditures and meeting priority needs. 2. Appropriate motor fuel tax revenue only for the maintenance and improvement of the nation's surface transportation infrastructure. Revenues from the sale of gasoline should be spent solely on transportation programs by going directir into the highway and transit accounts of the Highway Trust Fund. The use of these revenues for any other purpose is unacceptable, given that investment in transportation is not keeping up with the need. Specifically, the $.043 per gallon in gas tax revenue that is currently being applied to the General Fund to service the deficit should be reallocated to the Highway Trust Fund to fund transportation improvements. 3. Enact a surface transportation authorization bill to succeed Intermodal Surface Transportation Efficiency Act ( ISTEA) which: • Adequately maintains and improves the National Highway System. • Returns a minimum of 95 percent of the federal gasoline taxes collected in Texas back to Texas. • Gives states and local governments broad authority and great flexibility in matching federal transportation sources to their specific surface : ransportation needs. • Reduces the restrictions and program categories in ISTEA but does provide program and project funds to achieve air quality compliance as long as the Clean Air Act places mobility mandates on nonattainment areas. • Provides meaningful and sensible planning. coordination. and project prioritization roles for Metropolitan Planning Organizations. • Encourages innovation and retains the principles of financial planning, partnership and consensus building. Foundec in 1995 the Partners it Mooifity is a public anc private sector coalition of the North Texas Commiss;on/Nortn Texas Regiona! Transoorat,c- TasK Force. the Dallas Reg ona! Mobility Coalmor. the Greater Dallas Chamber of Commerce. the For, Worm Chamber of Commerce. ano the No-- Centra Texas Couriv, of Govemments'Reeiona; Transoortaton Counc, Aimes a: imoroving regionai mobility tnrouoh effective advocacy. the °a. ^e•_ it Moo 11t'� efrorts tocus oc eaucanor cokaoorauor. cooromat,on anc unity A %.oannvn W1 VY•IYi—• we . wwwo ... -- __ Public and Private Transportation Interest Groups The Dallas -Fort Worth Area Partners In Mobility Members of Congress: respectfully urge your support of the proposed legislation regarding transportation funding proposed by Congressmen Delay and Condit. This bill advocates a Streamlined Transportation Efficiency Program for the 21 st Century (STEP 21). The STEP 21 concept is primarily concerned with returning a greater portion of transportation funding to those states who have historically contributed more to the Highway Trust Fund than they have received. The STEP 21 concept should better recognize the significant air quality issues in certain metropolitan areas, including Dallas -Fort Worth, by continuing the role provided for local elected officials, acting through their Metropolitan Planning Organization (MPO) under the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA). This role has allowed local elected officials to direct the allocation of funds for metropolitan mobility, congestion mitigation and air quality improvement. Founded it 1995. the Partners In Mooffity is a oubkc and private sector coalition of the Nortr Texas Commission /North Texas Regional Transportation Task Force. the Dallas Regional Mobilm Coalition. the Greater Dallas Chamber of Commerce. the Fort Worth Chamber of Commerce. and the North Central Texas Councii of Governments /Regional Transportation Council. Aimec at imorovmg regional mobility through effective advocacy. the Partners in Mobility efforts tocus 01 ecucation.:ollaboration coordination and unity CITY OF NORTH RICHLAND HILLS Department: City Secretary Subject: Supporting Partners In Mobility's Policy Position on a e LeWslative Issues - Resolution No. - Council Meeting Date: 03/24/97 _ Agenda Number: GN 97 -22 Mayor Brown asked that the attached Resolution be forwarded for council consideration. The resolution supports the policy position of Partners In Mobility on State Legislative issues. It is recommended that City Council approve Resolution No. 97 -13. Source of Funds: Bonds (GO /Rev.) _ Operating Budget Other Department Head Signature Finance Review Acct. Number Sufficient Funds Available Finanw Dimclor 4±��10ity Manager CITY COUNCIL ACTION ITEM Page 1 of RESOLUTION NO. 97 -13 WHEREAS, the 75th Texas Legislature will be in session from January to June of 1997; and WHEREAS, Texas' Transportation System and related improvements will be a critical issue to be considered and debated by the 75th Legislature during the session; and WHEREAS, the Dallas -Fort Worth Area Partners In Mobility is a coalition of elected officials and business and civic leaders from the North Central Texas region who are committed to maintaining the viability of the Dallas -Fort Worth regional economy by improving the area's surface transportation system through continued investment; and WHEREAS, the Dallas -Fort Worth Area Partners In Mobility have worked in successful partnership with the Texas Transportation Commission since 1995; and WHEREAS, the region's ability to fund the transportation improvements identified in Mobility 2020: The Metropolitan Transportation Plan will be significantly impacted by the work of the Texas Legislature; and WHEREAS, it is in the interest of the Dallas -Fort Worth region for the City of North Richland Hills to take a position on state legislative issues for the 75th Legislative Session; NOW, THEREFORE, BE IT HEREBY RESOLVED THAT: 1. The City of North Richland Hills is in support of the attached Partners In Mobility Position on State Legislative Issues for the 75th Texas Legislative Session. 2. This resolution will be sent to local, regional, and selected committee representative in the Texas Legislature and any other interested parties. 3. This resolution shall be in effect immediately upon its adoption. PASSED AND APPROVED THIS 24TH DAY OF MARCH, 1997. Approved: Tommy Brown, Mayor Attest: Patricia Hutson, City Secretary Approved as to Form and Legality: Rex McEntire City Attorney A Coalition of Dallas -Fort Public and Private Transportation Interest Groups 1. Utilize the State Highway Fund (Fund 006) for its intended purpose of roadway maintenance and construction. There is a growing gap between Texas' surface transportation needs and resources available to address those needs, which is compounded by the declining portion of Fund 006 which is appropriated to the Texas Department of Transportation (TxDOT). Reverse this trend, so that the State Highway Fund is used exclusively to maintain and construct Texas' roadways. 2. Provide adequate enforcement and a permit fee level sufficiently high to discourage overweight vehicles from using Texas highways or to generate revenue sufficient to repair the damage caused by such vehicles. 3. Remove existing caps, limits, and restrictions on fees and taxes to enable local governments to implement revenue measures earmarked for highway maintenance, rehabilitation, expansion, or new construction. 4. Support the Sunset Advisory Commission recommendation of September 24, 1996, and the Texas Turnpike Authority (TTA) resolution of September 18, 1996, to: • Establish a North Texas Tollway Authority (NTTA) comprised of Collin, Dallas, Denton, and Tarrant Counties. • Transfer to NTTA all existing TTA operations, contracts, and liabilities within Collin and Dallas Counties. • Create a separate division in TOOT for toll projects statewide. • Ensure that NTTA and TOOT retain authority to issue project revenue bonds. 5. Continue TOOT for 12 years, as recommended by the Sunset Advisory Commission, including: • Study the point of accountability for fuel tax collections. • Authorize use of a State Infrastructure Bank to take full advantage of federal highway funds. • Remove obstacles to automating the contract bidding system. • Use the Council on Competitive Government to help TxDOT define a balance between in -house and contracted engineering services. 6. Establish a Texas Surface Transportation Study Commission comprised of House and Senate members appointed by the Speaker and Lt. Governor and of citizens appointed by the Governor, to study the State's surface transportation needs, hold hearings throughout the State, and make specific recommendations for the 76th Legislative Session to meet the needs of Texas' surface transportation system. 7. Amend Sec 452.102 of the Transportation Code to document that investments authorized under the Public Funds Investment Act for all Texas local governments are legal investments for Dallas Area Rapid Transit (DART). Amend Sec 452.108 of the Transportation Code to permit implementation of defeased tax leases (DTLs), allowing DART to sell a taxable benefit, such as asset depreciation or lease expenses, to a private company. Amend S6200. the Texas Clean Fuels Program, to grant certain credits, delays, and modifications as recommended by the Fort Worth Transportation Authority. Founded in 1995. the Partners In Mobility is a public and private sector coalition of the North Texas Commission /North Texas Regional Transportation Task Force. the Dallas Regional Mobility Coalition. the Greater Dallas Chamber of Commerce. the Fort Worth Chamber of Commerce. and the North Central Texas Council of Governments/Regional Transportation Council. Aimed at improving regional mobility through effective advocacy, the Partners In Mobility efforts focus on education. collaboration. coordination and unity. Department: Finance CITY OF NORTH RICHLAND HILLS Council Meeting Date: 03/24/97 Subiect:Authorize the Publication of Notice of Intent to Issue Agenda Number Certificates of Obligation, Resolution No. 97 -15, and Amend the Capital Projects Budget GN 97 -23 The City Secretary must publish a notice in a newspaper of general circulation the intent of the City to issue Certificates of Obligation in the amount of $2,755,000 on April 28, 1997. The notice must be published once a week for two consecutive weeks. The first publication date shall be at least (15) days prior to the date stated. therein for the passage of the ordinance authorizing the issuance of the Certificates of Obligation. The notice of intention is attached and labeled Exhibit A. Also attached is an amended capital projects budget for the Certificates of Obligation based on current needs. Recommendation: It is recommended that Resolution No. 97 -15 authorizing the City Secretary to publish the intent to issue Certificates of Obligation be approved. This will also serve to amend the capital projects budget for the projects listed. Finance Review Source of Funds: Acct. Number Bonds (GO /Rev.) Sufficient Funds Available Operating Budget Other tr Department Head Signaidre t CITY COUNCIL ACTION ITEM nager Page 1 of Finance Di sclor A RESOLUTION approving and authorizing publication of notice of intention to issue certificates of obligation. WHEREAS, the City Council of the City of North Richland Hills, Texas, has determined that certificates of obligation should be issued under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271 (the "Act "), for the purpose of paying contractual obligations to be incurred for (i) the purchase of computers, equipment, machinery and vehicles for city departments and facilities, including the public safety and street departments and the municipal library, (ii) improvements to municipal golf course facilities, and (iii) professional services rendered in relation to such projects and the financing thereof; and WHEREAS, prior to the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in accordance with the provisions of the Act; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of the Council's intention to issue certificates of obligation during a meeting scheduled to begin at 7:30 P.M. on the 28th day of April, 1997, which certificates of obligation shall be issued in a principal amount not to exceed $2,755,000 for the purpose of paying contractual obligations to be incurred for (i) the purchase of computers, equipment, machinery and vehicles for city departments and facilities, including the public safety and street departments and the municipal library, (ii) improvements to' municipal golf course facilities, and (iii) professional services rendered in relation to such projects and the financing thereof, and shall payable from ad valorem taxes and a limited pledge of the net revenues derived from the operation of the City's combined Waterworks and Sewer System. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 2: The City Secretary shall cause the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the date stated therein for the passage and adoption of the ordinance authorizing the issuance of the certificates of obligation. 0410&30 PASSED AND ADOPTED, this March 24, 1997. Mayor, City of North Richland Hills, Texas ATTEST: City Secretary, City of North Richland Hills, Texas (City Seal) 0410M -2- EXHIBIT A NOTICE OF INTENTION TO ISSUE CITY OF NORTH RICHLAND HILLS, TEXAS CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of North Richland Hills, Texas, shall convene at 7:30 o'clock P.M. on the 28th day of April, 1997, at its regular meeting place in the City Hall, 7301 N.E. Loop 820, North Richland Hills, Texas, and, during such meeting, the City Council will consider the passage and adoption of an ordinance authorizing the issuance of certificates of obligation in an amount not to exceed $2,755,000 for the purpose of paying contractual obligations to be _incurred for (i) the purchase of computers, equipment, machinery and vehicles for city departments and facilities, including the public safety and street departments and the municipal library, (ii) improvements to municipal golf course facilities, and (iii) professional services rendered in relation to such projects and the financing thereof; such certificates to be payable from ad valorem taxes and a limited pledge of the net revenues of the City's combined Waterworks and Sewer System. The certificates are to be issued, and this notice is given, under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271. Patricia Hutson City Secretary, City of North Richland Hills, Texas 0410798 Sale of Certificates of Obligation for Capital Equipment 03/19/97 10:24 AM (1) Based on the highest bid for hardware and software only received on the Public Safety System. (2) Computer System estimate increased based on bids received. (3) City Council approved purchase 2/24/97. Cost within budget. Truck on order. (4) To be paid for from Utility Fund Debt Service Reserves as a result of the Watagua sale and defeasance of bonds. Revised project estimate $575,000. 1996/97 To be Sold Description Buda et April 1997 (Amended Budget) Ambulance $160,000 $160,000 Computer System Public Safety (Court & Fire only) 148,088 210,000 (1) General Services 583,550 730,000 (2) Fire Truck (Quint) 440,000 440,000 (3) Hazmat Truck 85,000 85,000 Library Computer System 330,000 330,000 Platform Truck 80,000 80,000 SCADA System 400,000 0 (4) Sweeper 120,000 120,000 Subtotal Original Budget $2,346,638 $2,155,000 Added January 1997 Golf Course Improvements 600,000 600,000 Total C.O.'s $2,946,638 _$2,755,000 (1) Based on the highest bid for hardware and software only received on the Public Safety System. (2) Computer System estimate increased based on bids received. (3) City Council approved purchase 2/24/97. Cost within budget. Truck on order. (4) To be paid for from Utility Fund Debt Service Reserves as a result of the Watagua sale and defeasance of bonds. Revised project estimate $575,000. Department: Finance CITY OF NORTH RICHLAND HILLS Council Meeting Date: 03/24/97 Subject: 1A97 General Qhlinatinn Rands for Street Improvements Agenda Number: GN 97 -24 And Amend the Capital Projects Budget Attached is the list of the street projects for which funds will be obtained through the sale of general obligation bonds on April 28, 1997. The list provides projects as estimated and approved in the adopted 1996/97 Capital budget compared to the latest needs assessment. The original estimate totaled $4,829,218 and has been revised to $4,100,000. The latest assessment shows that no additional drainage funds are needed at this time, although drainage projects are in progress and being funded through prior bond sale proceeds and impact fees. Council and staff will be meeting with the bond rating agencies (Moody's and Standard and Poors) on April 10th and 11th and will have results of the competitive sale of general obligation bonds and certificates of obligation on April 28, 1997. Council will pass an ordinance authorizing the issuance of these obligations at the regularly scheduled meeting on the 28th. Delivery of funds is scheduled for June 3, 1997. Recommendation: It is recommended that the amended CIP budget be approved. Source of Funds: Bonds (GO /Rev.) _ Operating Budget _ Other epartment Head Signature Finance Review Acct. Number Sufficient Funds Available Pfnanca Olraclor C y Manager CITY COUNCIL ACTION ITEM Page 1 of 1996/97 Revised General Obligation Bond Street Capital Projects Strppt Prnipcts A. Crane Road Street Improvements B. Hightower Drive Street and Drainage A2 Crosstimbers to Calloway Branch C. Hightower Drive Street and Drainage B (Calloway Branch to Meadow Creek D. Maplewood Avenue Street Improvements E. Rod er Line Drive, Phase "B" F. Rufe Snow Drive ISTEA Surface Transportation Program G. Rufe Snow Drive Intersection Karen to IH 820 H. Rufe Snow Drive Intersection IH -820 to Watauga Road I. Rufe Snow Drive Bridge at IH -820 J. Rufe Snow Drive / Glenview Drive Intersection K. Rumfield Road Street Im rovements -Ph. I L. Rumfield Road Street Improvements-Ph. II M. Rumfield Road Street Improvements-Ph. III N. Unspecified Street Improvements Lynn Terr (Rogan Dr. to Conn Dr. Rufe Snow Dr. C Hi hlawn Terr to Burse Rd Sudbury Way Dorchester to Little Ranch Ash St. (Lazy Ln. to Grapevine H LazV Ln. Ash to Grove Maple St. (Lazy Ln. to Bedford - Euless Rd. Blaney Ave. (Holiday Ln. to Grapevine H We Snow Dr. B Fair Meadows to North Park Total Street Projects Sources of Funds Street Projects 1997 General Obligation Bonds J Total Sources of Funds Adopted Budget 1996/1997 $600,530 370,270 212,100 610,000 0 31,500 268.500 I off Revised Budget 1996/1997 $600,530 433,990 289,970 610,000 0 0 0 0 0 164,980 0 656,400 400,000 0 100,000 50,000 50,000 80,000 40,000 100,000 524,130 $4,351,718 ,' $4,100,000 [ $4,351,71811 $4,100,000 $4,351,718 $4,100,000 1996/97 Revised General Obligation Bond Drainage Capital Projects nrninanp Prniects A. Calloway Branch Channel "A" Windhaven to Hi htower) B. Calloway Branch Channel "B" (Hightower to Chapman) C. Main Street Drainage Improvements Marlett Court D. Miscellaneous Overland Relief Projects E. North Tarrant Parkway F. Teakwood Court Drainage - Phase II G. Walkers Branch Channel - Phase II H. Windhaven Road Drainage Improvements Adopted Revised 1996/1997 196/1997 $200,000 $0 277,500 0 0 0 0 0 0 0 137,000 0 0 0 0 0 Total Drainage Projects $614,500 $0 Sources of Funds nrainane Proiects Future General Obligation Bonds 1997 General Obligation Bonds 1996 General Obligation Bonds 1996 Certificates of Obligation/Drainage 1993 General Obligation Bonds 1989 General Obligation Bonds 1987 General Obligation Bonds Completed Project Savings Drainage Utility Fee Unspecified Drainage Total Sources of Funds $0 $0 477,500 0 0 0 59,540 0 0 0 0 0 0 0 70,195 0 011 0 7,265 0 $614,500 $0 Department: CITY OF NORTH RICHLAND HILLS Parks and Recreation Department Council Meeting Date: 3/24/97 Approving the ISTEA Enhancement Grant Supplemental A enda Number: GN 97 -25 Subject: Agreement No 1 and Multi -Use Agreement with 9 TxDOT for the North Electric Multi -Use Trail Project Resolution No. 97 -16 The City of North Richland Hills has been awarded a grant for development of the North Electric Multi -Use Trail along the T.U. Electric right -of -way from Holiday Lane east to Grapevine Highway. City Council approved the North Electric Trail Grant Agreement with TxDOT on September 12, 1994. The Texas Department of Transportation has requested an amendment to the original terms and conditions of the Grant Agreement to include; permission to the City for trail construction and the City's obligation for trail maintenance within the Davis Boulevard right -of -way. Once the Supplemental Agreement is executed, it will be forwarded to TxDOT for approval. RECOMMENDATION: It is recommended that City Council adopt Resolution No. 97 -16 authorizing the approval of the Supplemental Agreement and Maintenance Agreement with the Texas Department of Transportation for the North Electric Multi -Use Trail Project. Source of Funds: Bonds (GO /Rev.) Operating Budget Other I�1 Department Head Signatur6 Finance Review Acct. Number Sufficient Funds Available (� (` Finance Director TTJ Cit Manager CITY COUNCIL ACTION ITEM Page 1 of RESOLUTION NO.-3L-16 A RESOLUTION APPROVING THE EXECUTION OF THE SUPPLEMENTAL AGREEMENT NO. 1 FOR THE STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM AGREEMENT FOR THE NORTH ELECTRIC MULTI -USE TRAIL AND LANDSCAPING PROJECT AND MULTIPLE USE AGREEMENT; AND APPROVING AN EFFECTIVE DATE. WHEREAS, the City Wide Trail Plan identified the North Electric Multi -Use Trail as a significant regional transportation enhancement project for pedestrians and bicyclists; and WHEREAS, the City applied for and has been awarded statewide transportation enhancement program grant funds for development of the North Electric Multi -Use Trail; and WHEREAS, the City Council has designated funding for the City's share of the North Electric Multi -Use Trail Project; and WHEREAS, the City Council has approved the North Electric Multi -Use Trail Grant Agreement on September 12,1994; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS HEREBY RESOLVES: SECTION I. The City Council hereby authorizes and the directs the City Manager to execute the Supplemental Agreement No. 1 for the Statewide Transportation Enhancement Program Agreement for the North Electric Multi -Use Trail and Landscaping Project and Multiple Use Agreement. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of March 1997. Tommy Brown, Mayor ATTEST: Patricia Hutson, City Secretary 37 Approved as to legal form: Rex McEntire, Attorney for the City An Agreement No. 5XXF6011 Tarrant County CSJ: 0902 -48 -211 North Electric Multi -Use Trail and Landscaping STATE OF TEXAS COUNTY OF TRAVIS § SUPPLEMENTAL AGREEMENT NO. 1 FOR THE STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM AGREEMENT FOR THE NORTH ELECTRIC MULTI -USE TRAIL AND LANDSCAPING This supplemental agreement to the Statewide Transportation Enhancement Program Agreement made by and between the State of Texas, acting by and through the District Engineer of the Fort Worth District of the Texas Department of Transportation, hereinafter called the "State ", and the City of North Richland Hills, hereinafter called the "City ". WHEREAS, the State and the City executed an agreement on the 21si day of November, 1994, and entered into an agreement concerning the improvement of a 2.9 miles Bike Trail under the Statewide Transportation Enhancement Program; and, NOW THEREFORE, premises considered, the State and the City agree that said agreement is amended as follows: Page 3 of 11. It has become necessary to amend Article 3 of the agreement, Acquisition of Right-of-Way to revise wording to allow for a Multiple Use Agreement between the City and the State, as follows: WOW1111014031 • sion. � • /1I • :a u • A. The City shall perform necessary requirements to provide the desired right -of- way required for the construction of the Project. The City will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601, et seq., including those provisions relating to incidental expenses incurred by the property owners. Documentation to support such compliance must be maintained and must be made available to the State and its representatives for review and inspection. Page 1 of 2 B. The City desires to use State right -of -way for the purpose of constructing and maintaining a hike and bike multi -use trail. The City will be responsible for completing a Mu1riptc Ise_Ag=ment attached hereto and identified as Exhibit "D" with the State prior to starting any construction for this enhancement project. C. In the event right -of -way is required for the project, the City shall notify the State prior to any acquisition. All other terms and conditions of the contract are unchanged and remain in full force and effect. IN WITNESS WHEREOF, the State and the City have executed this supplemental agreement in duplicate. THE CITY OF NORTH RICHLAND HILLS By: Signature Title Date ATTEST: City Secretary THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order Number 100002. MIR Page 2 of 2 Charles W. Heald, P.E. District Engineer Date MULTIPLE USE AGREEMENT STATE OF TEXAS COUNTY OF TRAVIS Revised 12/93 THIS AGREEMENT made by the State of Texas by and between the Texas Department of Transportation, hereinafter referred to as " S t a t e p a r t y o f t h e f i r s t p a r t, and f hereinafter called the party of the second part, is to become effective when fully executed by both parties. WITNESSETH WHEREAS, on the day of 19_, the governing body for the , entered into Resolution /Ordinance No. herein after identified by reference, authorizing the 's participation in this agreement with the State; and WHEREAS, the has requested the State to permit the construction, maintenance and operation of a public on the highway right -of -way, (general description of area); shown graphically by the preliminary conceptual site plan in Exhibit "A" and being more specifically described by metes and bounds of Exhibit "B ", which are attached and made a part hereof; and WHEREAS, the State has indicated its willingness to approve the establishment of such facilities and other uses conditioned that the will enter into agreements with the State for the purpose of determining the respective responsibilities of the and the State with reference thereto, and conditioned that such uses are in the public interest and will not damage the highway facilities, impair safety, impede maintenance or in any way restrict the operation of the highway facility, all as determined from engineering and traffic investigations conducted by the State. I. AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: 1. CONSTRUCTION PLANS The parties hereto will prepare or provide for the construction plans for the facility, and will provide for the construction work as required by said plans at no cost to the State. Said plans shall include the design of the access control, necessary horizontal and vertical clearances from highway structures, adequate landscape treatment, and general layout; and they shall also delineate and define the construction responsibilities of both parties hereto and when approved shall be attached to the agreement and made a part thereof in all respects. Any future revisions or additions of permanent improvements shall be made after prior written approval of the State. 2. INSPECTION Ingress and egress shall be allowed at all times to such facility for Federal Highway Administration personnel and State Forces and equipment when highway maintenance operations are necessary, and for inspection purposes; and upon request, all parking or other activities for periods required for such operations will be prohibited. 3. PARKING REGULATIONS Parking regulations shall be established limiting parking to single unit motor vehicles of size and capacity no greater than prescribed for 1 -1/2 ton trucks, such vehicles to conform in size and use to governing laws. Parking shall be permitted only in marked spaces. d. PROHIBITIONS /SIGNS Regulations `shall be established prohibiting the parking of vehicles transporting flammable or explosive loads and prohibiting use of the area in any manner for peddling, advertising or other purposes not in keeping with the objective of a public facility. The erection of signs other than those required for proper use of the area will be prohibited. All signs shall be approved by the State prior to the actual erection. N S. RESPONSIBILITIES Maintenance and operation of the facility shall be entirely the responsibility of the Such responsibility shall not be transferred, assigned or conveyed to a third party without the advanced written approval of the State. Further, such responsibility shall include picking up trash, mowing and otherwise keeping the facility in a clean and sanitary condition, and surveillance by policy patrol to eliminate the possible creation of a nuisance or hazard to the public. Hazardous or unreasonably objectionable smoke, fumes, vapor or odors shall not be permitted to rise above the grade line of the highway, nor shall the facility subject the highway to hazardous or unreasonably objectionable dripping, droppings or discharge of any kind, including rain or snow. 6. FEES Any fees levied for use of the facilities in the area shall be nominal and no more than are sufficient to defray the cost of construction, maintenance and operation thereof, and shall be subject to State approval. 7. TERMINATION UPON NOTICE This provision is expressly made subject to the rights herein granted to both parties to terminate this agreement upon notice, and upon the exercise of any such right by either party, all obligations herein to make improvements to said facility shall immediately cease and terminate. 8. MODIFICATION /TERMINATION OF AGREEMENT If in the sole judgment of the State it is found at any future time that traffic conditions have so changed that the existence or use of the facility is impeding maintenance, damaging the highway facility, impairing safety or that the facility is not being properly operated, that it constitutes a nuisance, is abandoned, or if for any other reason it is the State's judgment that such facility is not in the public interest, this agreement under which the facility was constructed may be: (1) modified if corrective measures acceptable to both parties can be applied to eliminate the objectionable features of the facility or (2) terminated and the use of the area as proposed herein discontinued. 9. PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS All structures located or constructed within the area covered by the agreement shall be fire resistant. The storage of flammable, explosive or hazardous materials is prohibited. Operations deemed to be a potential fire hazard shall be subject to regulation by the State. 3 10. RESTORATION OF AREA The s] State that such facility defined herein. The (3 0 ) days from the date of facilities that were its agreement and restore the State. 11. PREVIOUS AGREEMENTS tall provide written notification to the will be discontinued for the purposed shall, within thirty said notification, clear the area of all construction responsibility under this area to a condition satisfactory to the It is understood that this agreement in no way modifies or supersedes the terms and provisions of any existing agreements between the parties hereto. 12. INDEMNIFICATION The shall, insofar as it is legally permitted and subject to such limitations, indemnify the State against any and all damages and claims for damages, including those resulting from injury to or death of persons or for loss of or damage to property, arising out of, incident to or in any manner connected with its construction, maintenance or operation of the facility, which indemnification shall extend to and include any and all court costs, attorney's fees and expenses related to or connected with any claims or suits for damages and shall, if requested in writing by the State to do so, assist that State with or relieve the State from defending any suit brought against it. Neither party hereto intends to waive, relinquish, limit or condition its right to avoid any such liability by claiming its governmental immunity. When notified by the State to do so, the other party hereto shall within thirty (30) days from receipt of the State's written notification pay the State for the full cost of repairing any damages to the highway facility which may result from its construction, maintenance or operation of the facility, or its duly authorized agents or employees, and shall promptly reimburse the State for costs of construction and /or repair work made necessary by reason of such damages. Nothing is this agreement shall be construed as creating any liability in favor of any third party against the State and the Additionally, this agreement shall not ever be construed as relieving any third party from any liability against the State and the , but the shall become fully subrogated to the State and shall be entitled to maintain any action over and against the third party which may be liable for having caused the to pay or disburse any sum of money hereunder. 4 13. INSURANCE shall provide necessary safeguards to protect the public on State - maintained highways including adequate insurance for payment of any damages which might result during the construction of the facility occupying such airspace or thereafter, and to save the State harmless from damages, to the extent of said insurance coverage and insofar as it can legally do so. Prior to beginning work on the State's right - of -way, the 's construction contractor shall submit to the State a completed insurance form (TxDOT Form No. 1560) and shall maintain the required coverages during the construction of the facility. 14. USE OF RIGHT -OF -RAY It is to be understood that the State by execution of this agreement does not impair or relinquish the State's right to use such land for right -of -way purposes when it is required for the construction or reconstruction of the traffic facility for which it was acquired, nor shall use of the land under such agreement ever be construed as abandonment by the State of such land acquired for highway purposes, and the State does not purport to grant any interest in the land described herein but merely consents to such use to the extent its authority and title permits. IS. ADDITIONAL CONSENT REQUIRED -- The State asserts only that it has sufficient title for highway purposes. The shall be responsible for obtaining such additional consent or agreement as may be necessary due to this agreement. This includes, but is not limited to, public utilities. 16. FHWA ADDITIONAL REQUIREMENTS If the facility is located on the Federal -Aid Highway System, "ATTACHMENT A ", which states additional requirements as set forth in the Federal Highway Administration's Federal -Aid Highway Program Manual, shall be attached to and become a part of this agreement. 5 vow 17. CIVIL RIGHTS ASSURANCES The , for itself, its personal representatives, successors and interests and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no persons, on the ground of race, color, sex, age, national origin, religion or disabling condition, shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facility; (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, age, national origin, religion or disabling condition, shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (3) that the shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- discrimination in Federally- Assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That if in the event of any breach of the above non - discrimination covenants, the State shall have the right to terminate the agreement and reenter and repossess said land and the facilities thereon, and hold the same as if said agreement had never been made or issued. 18. AMENDMENTS Any changes in the time frame, character or responsibilities of the parties hereto shall be enacted by a written amendment executed by both parties hereto. 19. LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any provision hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this agreement. 20. NOTICES All notices required under this agreement shall be mailed or hand delivered to the following respective addresses: STATE (Mailing Address) (Mailing Address) List of Attached Exhibits: Exhibit A - General Layout Exhibit B - Metes and Bounds Description Exhibit C - Approved Construction Plans Exhibit D - Certificate of Insurance (SDHPT Form 1560) Exhibit E - Attachment A (FHWA Additional Requirements) F1 IN WITNESS WHEREOF, the parties have hereunto affixed their signature, the on the day of 19 and the State on the day of , 19 By. ATTEST: Title Title STATE OF TEXAS Certified as being executed for the purpose and effect of acti- vating and /or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 100002. By: 8 Director of Maintenance and Operations APPROVAL RECOMMENDED: District Engineer Director of Highway Design ATTACHMENT A Inasmuch as this project is on the Federal -Aid highway system, the following additional requirements as applicable with the Federal Highway Administration's Title 23, Code of Federal Regulations, Section 713. 1. Any significant revision in the design or construction of the facility shall receive prior approval by the Texas Department of Transportation subject to concurrence by the FHWA. 2. Any change in the authorized use of airspace shall receive prior approval by the Texas Department of Transportation subject to concurrence by the FHWA. 3. The airspace shall not be transferred, assigned or conveyed to another party without prior Texas Department of Transportation approval subject to concurrence by the FHWA. 4. This agreement will be revokable in the event that the airspace facility ceases to be used or is abandoned. EXHIBIT E 9 'TxflOT Form No. 1560 (Rev. 12 -91) Previous editions of this form may not be used. NOTE: Copies of the enoorsements listed TEXAS below are not required as attach - DEPARTMENT OF TRANSPORTATION menu to this certificate. CERTIFICATE OF INSURANCE FnR STATE -WIDE BID CONTRACTS 1 amed contractor shall not commence work until he /she has obtained the minimum insurance specified in Section II, below, and obtained the following endorsements: the Texas Department of Transportation as an Additional Insured for coverages 3 and 4, and a Waiver of Subrogation in favor of the same department under coverages 2, 3 and 4. Only certificates of insurance published by this department are acceptable as proof of insurance. Commercial carriers' certificates are unacceptable. SECTION I - IDENTIFICATION DATA 1.1 Insured Contractor's Name 1.2 Street /Mailing Address 1.3 City 1.5 Zip 1.6 Phone Number Area Code( ) SECTION 11 - TYPE OF INSURANCE Type Policy Effective Expiration Limits of Liability 2. WORKERS' COMPENSATION Number: Date: Date: Not Less Than: 2.1 2.2 2.3 Statutory - Texas Endorsed with a Waiver of Subrogation in favor of the Texas Department of Transportation. 3. COMMERCIAL GENERAL LIABILITY Bodily Injury/Property 3.1 3.2 3.3 $600,000 combined Damage single limit each occurrence and in the aggregate Endorsed with the Texas Department of Transportation as an Additional Insured and endorsed with a Waiver of Subrogation in favor of the Texas Department of Transportation. 4. TEXAS BUSINESS AUTOMOBILE POLICY A. Bodily Injury 4.1 4.2 4.3 5250,000 ea. person 5500,000 ea. occurrence B. Property Damage 4.4 4.S 4.6 5100,000 ea. occurrence Endorsed with the Texas Department-of Transportation as an Additional Insured and endorsed with a Waiver of Subrogation in favor of the Texas Department of Transportation. 5. UMBRELLA POLICY (If Applicable) 5.1 5.2 5.3 S SECTION 111 - CERTIFICATION This Certificate of Insurance neither affirmatively or negatively amends, extends, or alters the coverage afforded by the above insurance policies issued by the insurance company named below. Cancellation of the Insurance policies shall not be made until THIRTY DAYS AFTER the undersigned agent or his /her company has sent written notices by certified marl to the contractor and the Texas Department of Transportation THIS IS TO CERTIFY to the Texas Department of Transportation. acting on behalf of the State of Texas, that the insurance policies above meet all the requirements stipulated above and such policies are in full force and effect 6.1 Name of Insurance Company 7 t Name of Authorized Agent 6.2 Company Address 7 2 Agent's Address ..3 City 6.4 State 6 S Zip 7 3 City ) a State 7 S Z p 7.6 Authorized Agent's Phone No Original Signature of Author zed Agent Area Code � _ ) Date EXHIBTT "T)" Department: Legal CITY OF NORTH RICHLAND HILLS Council Meeting Date: 02 -24 -97 Subject: Waiver of Extra- Territorial Rights - Resolution No. 97 -17 Agenda Number: GN 97 -26 The City of Watauga is seeking to annex a portion of proposed public street between Keller and Watauga. Watauga believes that this city needs to waive extra - territorial rights in this tract. Resolution No. 97 -17 waives those rights. It is recommended that Resolution No. 97 -17 be passed. Finance Review Source of Funds: Acct. Number Bonds (GO /Rev.) Sufficient Funds Available Operating B?—% Other A I r �' � A n Q Finance Director De pa nt CITY COUNCIL ACTION ITEM pager Page 1 of RESOLUTION No. 97 -17 A RESOLUTION WAIVING EXTRATERRITORIAL JURISDICTION TO CERTAIN LAND BEING USED IN IMPROVEMENTS TO BURSEY ROAD Whereas the property described in this Resolution is situation in an unincorporated portion of Tarrant County, Texas; and, Whereas the described property is within the Extra - Territorial Jurisdiction of the Cities of Ft. Worth, Keller, North Richland Hills and Watauga; and, Whereas the described property is owned by the City of Watauga; and, Whereas the City of Watauga is currently engaged in a project for the improvement of Bursey Road, a street used by the citizens of all four cities; and, Whereas the described property will be a part of the improvements to Bursey Road; and, Whereas the City Council of the City of North Richland Hills, finds that it is in the interests of the citizens of North Richland Hills to waive and relinquish the city's extra - territorial jurisdiction over the described property; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that the City of North Richland Hills shall, and does hereby, waive its extra - territorial jurisdiction in and to the following described property: TRACT ONE: A strip of land consisting of approximately 0.0046 acres (200 square feet) out of the M. Wilmouth Survey, Abstract No. 1621, and being more fully described in Exhibits A and B attached hereto. TRACT TWO: A strip of land consisting of approximately 0.8175 acres (35,609 square feet) out of the J. Edmonds Survey, Abstract No. 457, and being more fully described in Exhibits C and D attached hereto. TRACT THREE: A strip of land consisting of approximately 0.2310 acres (10,062 square feet) out of the J. Edmonds Survey, Abstract No. 457, and being more fully described in Exhibits E and F attached hereto. This waiver is intended to comply with the requirements SS 42.021 and 42.023 of the Local Government Code of the State of Texas. PRESENTED AND PASSED this 24th day of March, 1997. Approved: Tommy Brown, Mayor Attest: Patricia Hutson, City Secretary Approved as to Form and Legality: Rex McEntire City Attorney WTAUGA T E X A S -. March 7, 1997 Mr. C.A. Sanford, City Manager City of North Richland Hills 7301 N.E. Loop 820 P.O. Box 820609 N. Richland Hills, TX 76182 -0609 RE: Resolution Waiving ETJ for Bursey Road project Dear Mr. Sanford: As you know, the City of Watauga is presently engaged in constructing improvements to Bursey Road, including widening that thoroughfare. As a part of the project, it was necessary for the City to acquire three small strips of land to be utilized in the improvements. This land was acquired from the Keller Independent School District. These three strips, which total about 1 acre, are in unincorporated Tarrant County. The land lies, however, within the extra - territorial jurisdiction of the Cities of Watauga, Keller, North Richland Hills and Ft. Worth. Watauga, as part of this road improvement project will ultimately bear the burden of maintaining this portion of Bursey Road. The City of Watauga would like to annex this property, since it will have responsibility for maintenance. The portion of Bursey Road is generally located from Rufe Snow west to Whitley Road in Watauga. But, in order to do so, I understand we need your respective councils to pass a resolution waiving your respective ETJ rights to this property. Our city attorney has prepared a resolution for each of you. These resolutions and the accompanying legal description, are attached to this letter. City of Watauga: 7101 Whitley Road • Watauga, TX 76148 • (817) 281 -804? • Metro: (817) 498 -3408 • Fax: (817) 281 -1991 Mr. C.A. Sanford Page 2 Should you have any questions about this request, please contact me at the above number, or you may speak directly with our attorney, Mr. Douglas Hudman, at 332 -3152. There are several pressing time requirements, and I cannot begin the annexation process without these resolutions. The prompt attention to this request by you and your council would be most appreciated. Thanking you in advance, Sincerely, Lee Maness City Manager City of Watauga LM/rms cc: Mr. Bob Terrell City Manager City of Fort Worth Mr. Lyle Dresher City Manager City of Keller page 1 of 1 K.E.F. NO. 47 -336. PARCEL NO. 2 CITY OF KELLER SURVEY ROAD STREET IMPROVEMENTS EXlmrr "A" PERMANENT STREET RIGHT -OF -WAY J. EDMONDS SURVEY. ABBTRA(..T NO. 457 TARRANT COUNTY. TEXAS SITUATF.n in tl,e City of Keller, Terrans County. Texas and being a strip of land out of the J. Edmonds Survey. Abstract No. 457, said strip m1no being out of a 30 acre tract of land conveyed to Keller Independent School District (30 acre school tract) by deed as record- ed in Volume 7318. Page 137 of the Dead Records of Tarrant County. Taxes (D.R.T.C.T.), said strip being a proposed variable width Permanent Street Right -of -way as shown on the drawing attached as Exhibit "II" and being herein more particularly described by metes and bounds an follows: BEGINNING at the southeast property corner of the said SO acre School tract and at the southwest property corner of a 24.48 aoro tract of land conveyed to the said Keller Indo- p.and0at School District (24.48 acre School tract) by deed as recorded in Volume rht-ofo1- page 1111 of the D.n.T.C.T.. said point also being on the existing Y iS line of Bursey Road. THENCE. North 89 degrees 33 minuLese 36 second& Wobt. along the southerly property ling of the said 30 etcre School tract and along the said existing northerly right -ur -way lice or Burecy Road. 3277.02 feet to a point at the beginning of a curve to the right whose center boars North 00 degrees 2C, rninutoa 27 seconds East, 176.02 feet; THENCE, in a northwesterly direction. along the southwosterly property line of the said $0.00 acre School tract anci along the existing northeasterly right -of -way line of Sursey Road and along the said curve, through a central angle of 89 degrees 29 minutes 65 seconds and an arc length of 273.39 feet to a point; THENCE, North 00 dogrecs 03 minutes Sr seconds West, along the westerly property line of the said 30 acre School tract and along the existing easterly right -of -way - ling of Burscy Road, 593.22 foot to a point on the proposed southerly right -of- way line of Tarrant Parkway, being a proposed future 120 foot wide stroot right - of -way: THENCE, North 89 degrees G2 minutes 55 seconds East. along the said proposed future right -of -way line, 7.8.27 feet to a point: THENCE, South 00 degrees 00 minutes 20 seconds East, 695.60 foot to a point akt the beginning of a curve to the left whose center bears South 89 degrees 69 minutes 45 seconds East, 156.00 feet; Z'HENC1+. degrees 08 minutes 11 seconds and an arc length of 245.19 feet toSR point; THENCE, South 89 31 minutes f s YP ropert Y a of said 30 acre School tract and on the westerly property line of the said 24.48 acre School tract; THENCE. South o0 degrees 08 minutes 85 seconds Gast. along the said property lines. 15.79 feet to the POINT OF BEGINN NG: - - - - Tire proposed Permanent Street Right-of-way being herein described contains 0.8175 acres (36,609 square feet) of Lund, more or less. To ALL PARTIES INTERESTED IN TITLE TO THE PREM78F.S SURVEYED, I Do HEREBY CERTIFY THAT THE ABOVE LEGAL D ZSCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN AC7 UAL AND ACCURATE. SURVEY UPON THF' GROUND AND THAT SAME IS. TRUE AND Conrt.ECT. or r By, ;SKAU�N ..................Shaun Spooner 0. SP00WR ( -. ............ �.' .. Registered Profcasianal Land Surveyor. f�� °�;io� Tesxas No. 4183 do suI%t..4 Date of Survey 8 -22 -96 SURVEY: J. EDMONDS. A -457 LOCATION: CITY OF WATAUGA. TARRANT COUNTY ACQUISITION: p,8175 AC. STREET RIGHT —OF —WAY: WHOLE PROPERTY ACREAGE: 30.00 AC. (DRAWING OF EXHIBIT "A ") KEF NO. 47-336 F-ARCEL NO. 2 BURSEY ROAD STREET IMPROVEMENTS CITY OF WATAUGA 7101 NMITLEY ROAD WATAUGA. TEXAS 7CI48 EXHIBIT "Be* JOHN EDMONDS SURVEY, AbST1kACT NO. 457 1 VaLSON II,,,ANE -�� N89.52.55'E 18.27' N jo KELLER INDEPENDENT SCHOOL DISTRICT M. WILMOUTH SURVEY A8STRACT NO. 1621 O 200' 400' GRAPHIC SCALE IN FEET 1' 200' SPOONER & ASSOC. �g REGISTERED PROFESSIONAL LAND SURVEYORS of lF JOB NO.: 532 -8 -96 DATE: 0-••11 -96 tyJ s Sli�Lm 0..SPOONER COGO F'il_I:: NONE * 4183 ACAD E'ILE: 532 - -2 y ��33 °o�' DRAWN i3Y: S.G.S. sUt<v BLVD. COMPLFrED BY: S.G.S. 3 HURST. TX 76053 CHECKED BY: S.G.S. ovlo-t— al (817) 282 -6981 d VOL. 7318. PG. ,+ I d 18 D. R. T. C. T. ; I ; -- - - EXHIBIT 'A' j Y Q I PROPOSED VARIABLE WIDTH 4 PERMANENT STREET RIGHT —OF —WAY O a j 0.8175 AC. (35.609 SO. FT.) ix ; gl 1 W� 90'03'i t' w 1 R — 156.00' L — 245,19' 1 �, mopo9m wCw tto.w. F.O.B. 589'31'44 E _1277.31' EXHIBIT _ i A' L. _ 1489'33'36'W - r,cL%r"^ R.°.w. - fb"'"` R.o.MC - --- - - BURSEY ROAD 4 89'29'55' R — 175.02' L — 273.39' M. WILMOUTH SURVEY A8STRACT NO. 1621 O 200' 400' GRAPHIC SCALE IN FEET 1' 200' SPOONER & ASSOC. �g REGISTERED PROFESSIONAL LAND SURVEYORS of lF JOB NO.: 532 -8 -96 DATE: 0-••11 -96 tyJ s Sli�Lm 0..SPOONER COGO F'il_I:: NONE * 4183 ACAD E'ILE: 532 - -2 y ��33 °o�' DRAWN i3Y: S.G.S. sUt<v BLVD. COMPLFrED BY: S.G.S. 3 HURST. TX 76053 CHECKED BY: S.G.S. ovlo-t— al (817) 282 -6981 page 1 of 1 K.E.F. NO. 47 -336, PARCEL NO. 3 Cr" OF KELLER BURSEY ROAD STI Y.F.T IMPROVEMENTS ExliTBIT "A" PERMANENT STREET )LIGHT -OF -WAY J. EDMONI)S SURVEY, ABSTRACT NO. 457 TARRANT COUNTY, TEXAS SITUATED in the City of Keller, Tarrant County. Texas and being a strip of land out of the J. F.dmoncin Survey, Abstract No. 457, said strip also being out of a 24.48 acre tract of land conveyed to Keller Ind"pand4sni, School District (24.48 acre school tract) by dead as recorded in Volume 11201, Pages 1111 of the Deed Records of Tarrant County, Toxub (D.R.T.C.T.), said strip being a proposed variable width Permanent Street Right -of -way as shown on the drawing attached as Exhibit "B" and being herein more purticularly de- scribed by metes and bounds as follows: BF,GINMNG at the southwest property corner of the said 24.48 acre School tract and at the southeast property corner of a 30.00 acre tract of land conveyed to the said Keller Independent School District (30 acre School tract) by dead as recorded in Volume 7518, Page 137 of the D.R.T.C.T., said point also being on the existing northerly right -of -way line of Bursey Road; THENCE, Nortic 00 dcgruess 03 ltlinuLCS 35 second& West, along the westerly property line of the said 24.48 acre School tract and along the easterly property line of the said 30 acre School tract, 18.79 feet to u point; TI- 1ENCE, South 89 degrees 31 minutes 44 seconds East 340.68 feet to u point; THENCE, Svutic 88'degrees 02 minutes 45 seconds East 510.04 feet to n point on the easterly property line of the said 24.48 ucwe School tract and on the existing westerly right- of -wuy line of Willis Lane; THENCE, South 00 degrees 58 minutes 02 seconds West, along the said property line and along the said right -of -way line, 2.26 feet to the southeast property corner of the said 24.48 acre School tract; THENCE, North 89 deegraens 33 minutes 01 second West, along the southerly property line; or the saki 24.48 acre School tract and along the said existing northerly right -of -way line of Bursey Road. Soq.SR feet w the POINT OF BEGINNING. The proposed Permanent Street Right -of -way being herein described contains 0.2310 acres (10.062 square feet) of land. more or loss. TO ALL PARTIES INTERESTED TN TITLE TO IMIE PItENUSES SURVL•'YXD. I DO HEREBY CERTIFY T'HA'I' •1`HF, ABOVE T.F.GAL DE.SC:RIPTION WAS PREPARED TROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. �i' �'li�► �O � ~�n By. Shaun Spooner s ........ s•.. SHAUN 0. tPOONER Registered Professional Lend Surveyor. � 'y,•. 4163 � ..J... Texas No. 4183 °4. °�'� 7 .ETs�.• y0 Date of Survey 8 -22 -96 do SUR�r`' 3 SURVEY: J. EDMONDS. A -457 LOCATION: CITY OF WATAUGA, TARRANT COUNTY ACOUISITION: 0.2310 AC. STREET RIGHT —OF —WAY: 24.48 AC. WHOLE PROPERTY ACREAGE. (DRAWING OF EXHIBIT "A") EXHIBIT "B" KEF NO. 47 -336 PAiiCEL NO. 3 BURSEY ROAD STREET IMPROVEMENTS CITY Of' WATAUCA 7101 WHITLEY ROAD W ATAUGA. TEXAS 761,413 I W. 1 n6w ABSTRACT NP. 1621 ui JOHN WIAoNDS SURVEY, ABSTRACT NO. 457 D: N C9 to II KELI.ER INDEPENDENT SCHOOL DISTRICT a VOL 11201. PG. 1111 0 ABSTRACT NO. 1399 1 O.R.T.C.T. 0 200' 400' I SPOONEt R & ASSOC. �7RE'GISTERED 1f 2000 c LAND SURVEYORS � i I JOB NO.: :)32 - -8 -96 �t YE',;�F�Y 'A' I I COGU FILE: NONE SHAUN,c�•sPOO!!ER EXHIBIT 4183 •.� i�RAWt` 8Y: S.G.S. 1 PROPOSED VARIABLE WIDTH STREET RIGHT -OF -WAY 1 I HURST. TX 76053 CHECKED BY: S.G.S. r p 1 PERMANENT 0.23`10 AC. (10,062 SO. FT.) N I o 1 NI P.O.B. EXHIBIT ( I 349.68' PRoPo= mEw R.o w. S89'31'44'E l ei A S88'02'45'E 510.04' } f. ls' 1NG mow. "- es9.3e• ... { -- H8901 "' +-� BURSEY ROAD - QpsflNY R0.R pplllNC RO.W. — _ ...� I ..•— ^-- EXISTNC R.O.w.— OUTH SURVEY W. 1 n6w ABSTRACT NP. 1621 ui O D: N C9 to z � a SPRONCE THOMAS SURVEY 0 ABSTRACT NO. 1399 Z 0 200' 400' GRAPHIC SCALE IN FEET SPOONEt R & ASSOC. �7RE'GISTERED 1f 2000 PROFESSIONAL. LAND SURVEYORS JOB NO.: :)32 - -8 -96 �t YE',;�F�Y BATE: 911-96 - - B yr � •°' COGU FILE: NONE SHAUN,c�•sPOO!!ER ACAD FILE:: 532 - 4183 •.� i�RAWt` 8Y: S.G.S. uRV�'• 352 mu OLVD COMPUTED BY: S•G•S• HURST. TX 76053 CHECKED BY: S.G.S. r (817) 28'2 -6981 Page 1 of 1 K.E.F. NO. 47-336, PARCEL NO. CITY OF NA'ATAGUA BURSEY ROAD STREET IMPROVEMENTS EXHIBIT "A" PERMANENT STREET RIGHT -OF -WAY M. WILMOUTH SURVEY, ABSTRACT NO. 1621 TARR.ANT COUNTY, TEXAS SITUATED in the City of Watauga, Tarrant County, Texas and being a strip of land out of the M. Wilmouth Survey, Abstract No. 1621, said strip also being out of a 5.176 acre tract of land conveyed to Clarence Huffman by deed as recorded in Volume 10896, Page 1830 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), said strip being a proposed variable width Permanent Street Right -of -way as shown on the drawing attached as Exhibit "B" and being herein more particularly described by metes and bounds as follows: BEGINNING at the northwest property corner of the remainder of the said Huffman tract and on the easterly edge of street right -of -way conveyed to the City of Watauga by deed as recorded in Volume 12109, Page 219 of the D.R.T.C.T., said point also being on the existing southerly right -of -way line of Bursey Road; THENCE, South 89 degrees 39 minutes 15 seconds East, along the said southerly right -of -way line of Bursey Road 20.00 feet to a point; THENCE, South 45 degrees 18 minutes 00 seconds West 28.26 feet to a point on the westerly property line of the remainder of the said Huffman tract and on the said easterly right - of -way line of said City of Watauga street right -of -way; THENCE, North 00 degrees 15 minutes 14 seconds East, along the westerly property line of the remainder of the said Huffinan tract and along the said easterly right -of -way line of the City of Watauga street right -oi way, 20.00 feet to the POINT OF BEGINNING; The proposed Permanent Street Right -of -way being herein described contains 0.0046 acres (200 square feet) of land, more or less. TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. lof IVA- Shaun Spooner < n c zl'oonr_!' > Registered Professional Land Surveyor, Texas No. 4183 `� �; °f L" "c` o Date of Survey 1 -07 -97 ■��\�8��` — __W" 2 U; M 219 Y §§ M) "!% w _ ot Zia- -� - - rn ) \ . x� . >IP )§ - - %$§ } PW LA c 2- FM krn� ■ E @ m § d ! g ° @ rn � �§ \§ oat j§ rrl m� K§ • ^ o &� EM .� r >r4 §2 § |� � )* CL \&} c � 2c L An .: ■��\�8��` — __W" 2 U; M 219 Y §§ M) "!% w _ ot Zia- -� - - rn ) \ . x� . >IP )§ - - %$§ } PW LA c 2- FM krn� ■ E @ m § d ! @ rn 2%§ �§ \§ oat j§ rrl m� K§ § &� r >r4 §2 3 |� � rn kXk ^§gib /o 2c °° z An CD § § / k � 37 §§i1 (n 2w � m M I rn > O - q$ � ■��\�8��` — __W" 2 U; M 219 Y §§ M) "!% w _ ot Zia- -� - - rn ) \ . x� . >IP )§ - - %$§ } PW LA c 2- FM krn� ■ E @ m § d ! 3E @ rn F\ �§ r| oat j§ rrl | K§ /�� §2 °z |� � 3E @ rn � � | � D | v IS , | �| CITY OF NORTH RICHLAND HILLS Department: Economic Development Council Meeting Date: 3/24/97 Resolution Readopting Guidelines and Criteria Subject: for Granting Tax Abatement in Reinvestment 7nnes Agenda Number: GN97 -27 Created in the City of North Richland Hills -- Resolution 97 -18 City Council first adopted a set of Guidelines and Criteria for Granting Tax Abatement in Reinvestment Zones Created in the City of North Richland Hills on September 11, 1989 —and later readopted the Guidelines on May 4, 1992 —to help structure abatement agreements with AEGON /Life Investors (now UICI Insurance Center) and Tecnol Medical Products, Inc. The statutes governing tax abatements (found in Chapter 312 of the Texas Tax Code) note that such guidelines are effective for a period of two years. Thus, no new abatement agreements may be negotiated by the City until a new set of guidelines are approved. *01 W, 4►I 919M It is the recommendation of City staff that Council adopt Resolution 97 -18 — A Resolution Adopting Guidelines and Criteria For Granting Tax Abatement in Reinvestment Zones Created in the City of North Richland Hills. Source of Funds: Bonds (GO /Rev.) Operating Budget Other, Oths " - ,AbpertmentHead Signature CITY COUNCIL ACTION ITEM Finance Review Acct. Number Sufficient Funds Available Finance DMecta City Manager Page 1 of RESOLUTION NO. 97 -18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS ADOPTING GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT IN REINVESTMENT ZONES CREATED IN THE CITY OF NORTH RICHLAND HILLS. WHEREAS, the future economic viability of the City of North Richland Hills depends on the County's ability to attract new investment through the location of new industry and the expansion and modernization of existing businesses; and WHEREAS, the creation and retention of job opportunities that result from new economic development is the highest civic priority, and WHEREAS, the City of North Richland Hills must become and remain competitive with other localities across the nation in the expansion of their existing - industrial base and the attraction of new commercial and industrial investment; and WHEREAS, any tax incentives offered by the City of North Richland Hills should be limited to those companies that create new wealth within the City; and WHEREAS, no tax incentive offered by the City of North Richland Hills should adversely affect the competitive position of existing companies operating in the city; and WHEREAS, effective September 1, 1987, Texas law requires counties and municipalities, which elect to participate in tax abatement programs, to establish guidelines and criteria governing the designation of reinvestment zones and tax abatement program prior to granting any future tax abatement; and NOW, therefore be it resolved that the North Richland Hills City Council does hereby adopt the attached "Guidelines and Criteria" for granting tax abatement in reinvestment zones created within the City of North Richland Hills, Texas. Section 1 DEFINITIONS (a) "Abatement" means the full or partial exemption from ad valorem taxes of certain improvements to real property in a reinvestment zone designated for economic development purposes. (b) "Agreement" means a contractual agreement between a property owner and /or lessee and an eligible jurisdiction for the purposes of tax abatement. (c) 'Base Year Value" means the assessed value of eligible property on January 1 preceding the execution of the agreement plus the agreed upon value of eligible property improvements made after January 1 but before the execution of the agreement. (d) "Deferred Maintenance" means improvements necessary for continued operations which do not improve productivity or alter the process technology. (e) "Economic Life" means the number of years a property improvement is expected to be in service in a facility. (f) "Eligible Jurisdiction" means the City of North Richland Hills, the Birdville Independent School District, Tarrant County, or other special taxing districts that levy ad valorem taxes upon and provide services to property located within a proposed or existing reinvestment zone. (g) "Expansion" means the addition of buildings, structures, fixed machinery or equipment for purposes of increasing production capacity. (h) "Facility" means property improvements completed or in the process of construction which together comprise an integral whole. (i) "Manufacturing Facility" means buildings, structures, fixed machinery or equipment, the primary purpose of which is or will be the manufacture of tangible goods or materials or the processing of such goods or materials by physical or chemical change. 2 (j) "Modernization" means the upgrading of existing facilities which increased the productive input or output, updates the technology or substantially lowers the unit cost of the operation. Modernization may result from the construction, alternation, or installation of buildings, structures, fixed machinery or equipment. It shall not be for the purposes of reconditioning, refurbishing or repairing. (k) "New Facility" means a property previously undeveloped which is placed in service by means other than or in conjunction with expansion or modernization. (1) "Other Basic Industry" means buildings and structures including fixed machinery and equipment not elsewhere described, used or to be used for the production of products or services, from which a majority of revenues generated by activity at the facility are derived from outside Tarrant County. (m) 'Regional Distribution Center Facility" means buildings and structures including fixed machinery and equipment, used or to be used primarily to receive, store, service or distribute goods or materials owned by the facility, from which a majority of revenues generated by activity at the facility are derived from outside Tarrant County. (n) 'Regional Entertainment/Tourism Facility" means buildings and structures, including fixed machinery and equipment, used or to be used to provide entertainment and /or tourism related services, from which a majority of revenues generated by activity at the facility are derived from outside Tarrant County. (o) 'Regional Retail Facility" means buildings and structures including fixed machinery and equipment, used or to be used to provide retail services from which a majority of revenues generated by activity at the facility are derived from outside North Richland Hills. (p) "Regional Service Facility" means buildings and structures, including fixed machinery and equipment, used or to be used to provide a service from which a majority of revenues generated by activity at the facility are derived from outside Tarrant County. (q) 'Reinvestment Zone - Municipality Designated" means any area which lies within the taxing jurisdiction or extra- territorial jurisdiction of the City of North Richland Hills and has been designated a reinvestment zone for tax abatement purposes. It is the intent of the North Richland Hills City Council to provide tax abatement within municipality designated reinvestment zones as long as the municipality granted tax abatement is in concert with the tax abatement guidelines contained herein. 3 (r) "Research Facility" means buildings and structures, including fixed machinery and equipment used or to be used primarily for research and experimentation to improve or develop new tangible goods or materials or to improve or develop the production processes thereto. Section 2 ABATEMENT AUTHORIZED (a) Authorized Facility. A facility may be eligible for abatement if it is a : -- Manufacturing Facility, -- Research Facility, -- Regional Distribution Center Facility, -- Regional Service Facility, -- Regional Entertainment/Tourism Facility -- Regional Retail Facility, or -- Other Basic Industry. (b) Authorized Date. A facility shall be eligible for tax abatement if it has applied for such abatement prior to the commencement of construction, provided, that such facility meets the criteria granting tax abatement in reinvestment zones created in the City of North Richland Hills pursuant to the guidelines and criteria adopted by the City Council. (c) Creation of New Value. Abatement may only be granted for the additional value of eligible property improvements made subsequent to and listed in an abatement agreement between the City of North Richland Hills and the property owner and /or lessee, subject to such limitations as the City Council may require. (d) New and Existing Facilities. Abatement may be granted to new facilities and improvements to existing facilities for purposes of modernization and expansion. (e) Eligible Property. Abatement may be extended to the value of buildings, structures, fixed machinery and equipment, site improvements plus that office space and related fixed improvements necessary to the operation and administration of the facility. (f) Ineligible Property. The following classes of property shall be fully taxable and ineligible for abatement: -- Land. -- Inventories. -- Supplies. Ell -- Furnishings or other forms of movable personal property, -- Vehicles, vessels, or aircraft. -- Deferred maintenance investments. -- Residential property. -- Property that is associated with any activity that is illegal under federal, state or local law. -- Property owned or used by the State of Texas or its political subdivisions. -- Property owned by any organization which is owned, operated or directed by a political subdivision of the State of Texas. (g) Leased Facilities. If an authorized facility eligible for tax abatement is leased, the agreement shall be executed with both the lessor and the lessee. (h) Value and Term of Abatement. Abatement shall be granted effective with the January 1 valuation date immediately following the date of execution of the agreement. The value and term of abatement on new eligible property shall be determined as follows: The value of the abatement shall be equal to 500 percent of investment by the business in eligible property described in Section 2(e), above. The City Council or its designated representative, shall work with the applicant, prior to the execution of an abatement agreement, to determine - the exact schedule for the abatement. Under no circumstances shall the value of the abatement exceed 100 percent of the value of eligible property in a single year, and the duration of an abatement agreement shall not exceed 10 years or one -half (1/2) the economic life of the eligible property, whichever is less. (1) Economic Qualification. In order to be eligible to receive tax abatement the applicant must meet the following qualifications. (1) For a new facility (with the exception of a regional retail facility), be reasonably expected to invest not less than three million dollars ($3,000,000) in the facility (including both eligible and ineligible property) within three years from the commencement of construction and be expected to create employment for not less than 10 persons associated with the production of goods and services as the authorized facility on a full -time permanent basis in the City of North Richland Hills. (2) For an expanded or modernized facility (excluding regional retail facilities), be reasonably expected to invest not less than one million five hundred thousand dollars ($1,500,000) in the facility (including both eligible and ineligible property) within three years from the commencement of construction, and be expected to create or retain employment for not less than 10 persons associated with the production of goods and services at the authorized facility on a full -time, permanent basis in the City of North Richland Hills. (3) For regional retail facilities, be reasonably expected to invest not less than five million ($5,000,000) in the facility (including both eligible and ineligible property) within three years from the commencement of construction and be expected to create employment for not less than 10 persons associated with the production of goods and services at the authorized facility on a full -time, permanent basis in the City of North Richland Hills. (4) Two or more part-time, permanent employees totaling an average of not less than 40 hours per week may be considered as one full -time, permanent employee. (5) Companies seeking to qualify for tax abatement on the basis of job retention shall document that without the creation of a reinvestment zone and /or tax abatement, the company will either reduce or cease operation. (6) Not be expected to solely and primarily have the effect of transferring employment from one part of the City of North Richland Hills to another. (j) Taxability. From the execution of the abatement agreement to the end of the agreement period, taxes shall be payable as follows: (1) the value of ineligible property as provided in Section 2(f), above, shall be fully taxable, (2) the base year value of existing eligible property as determined each year shall be fully taxable, and (3) the additional value of new eligible property shall be taxable in the manner described in Section 2(h), above. (k) Conflict of Interest. Property that is in a reinvestment zone and that is owned or leased by a member of the governing body or the Planning and Zoning Commission of the City of North Richland Hills shall be excluded from property tax abatement. 0 Section 3 APPLICATION (a) Any present or potential property owner of taxable property in North Richland Hills may request the creation of a reinvestment zone and tax abatement by filing a written request with the Mayor or his designated representative. (b) The application shall consist of a completed application form accompanied by the following: (1) A general written description of the proposed use and the general nature and extent of the modernization, expansion or new improvements to be undertaken. (2) A descriptive list of the improvements that will be a part of the facility. (3) A map and property description. (4) A time schedule for undertaking and completing the planned improvements. (5) Such financial and other information as deemed appropriate by the City Council for purposes of evaluating the application. (c) Upon receipt of a completed application, the Mayor shall notify, in writing, the presiding officer of the governing body of each affected jurisdiction. Before acting upon the application, the City Council shall through public hearing, afford the applicant, designated representatives of any affected taxing jurisdiction and the general public opportunity to show cause why the abatement should or should not be granted. Notice of the public hearing shall be clearly identified on a City Council Agenda to be posted in accordance with the Texas Property Redevelopment and Tax Abatement Act and the Texas Open Meetings Act. (d) After receipt of an application for creation of a reinvestment zone and application for tax abatement, the City Council, or its designee, shall prepare a feasibility study setting out the impact of the proposed reinvestment zone and tax abatement. The feasibility study shall include, but not be limited to, an estimate of the economic effect of the creation of the zone and the abatement of taxes and the cost/benefit to the City and other affected jurisdictions. (e) A request for a reinvestment zone for the purpose of tax abatement shall not be granted if the City Council finds that the request for abatement was filed after the commencement of construction, alternation, or installation of improvements related to a proposed expansion, modernization or new facility authorized as eligible under these guidelines. 7 (f) Variance. Request for variance from provisions of these guidelines may be made in written form to the Mayor, or his designated representative, provided, however, that the term and value of abatement described in Section 2(h), above, may not be increased. Such request shall include a complete description of the circumstances explaining why the applicant should be granted a variance. Approval of a request for variance requires a three - fourths (3/4) vote of the governing body. Section 4 PUBLIC HEARING (a) Should any affected jurisdiction be able to show cause in the public hearing why the grant of abatement will have a substantial adverse effect on its bonds, tax revenue, service capacity or the provision of services, that showing shall be reason for the City to deny any designation of the reinvestment zone, the grant of abatement, or both. (b) Neither a reinvestment zone nor an abatement agreement shall be authorized if it is determined that: (1) there would be a substantial adverse effect on the provision of government services or tax base, (2) the applicant has insufficient financial capacity, (3) planned or potential use of the property would constitute a hazard to public safety, health or morals, or (4) planned or potential use of the property violates other codes or laws. Section 5 AGREEMENT (a) After approval, the City shall formally pass a resolution and execute an agreement with the owner of the facility and /or lessee, which shall include the following: (1) Estimated value to be abated and the base year value. (2) Percent of value to be abated each year as provided for in Section 2(h), above. (3) The commencement and termination dates of the abatement. (4) The proposed use of the facility, nature of the construction, time schedule for construction and commencement of operations, map, property description, and improvements as listed in the application under Section 3(b), above. M (5) Contractual obligations in the event of default, violation of terms and conditions, delinquent taxes, recapture, administration and assignment as provided for in Section 2(a), 2(g), 2(h), 6, 7 and 8 or other provisions that may be required for uniformity or by state law, and (6) amount of investment in, and average number of jobs associated with, the facility during the abatement period. (b) Such agreement shall normally be executed within 60 days after the applicant has forwarded all necessary information and documentation for evaluation of the application to the City. Section 6 RECAPTURE (a) In the event that the facility is completed and begins producing goods and /or services, but subsequently discontinues such production for any reason excepting fire, explosion or other casualty or accident or natural disaster for a period of one year during the abatement period, then the agreement shall terminate and so shall the abatement of taxes for the calendar year during which the facility no longer produces. The taxes otherwise abated for the calendar year shall be paid to the City within sixty (60) days from the date of termination. (b) Should the City determine that the company or individual is in default according to the terms and conditions of the abatement agreement, the City shall notify the company or individual, in writing, at the address stated in the agreement, and if such non - compliance is not resolved within sixty (60) days from the date of such notice, then the agreement shall be terminated. (c) In the event that the company or individual: (1) Allows its ad valorem taxes owed the City or other affected jurisdiction to become delinquent and fails to timely and properly follow the legal procedures for their protest and /or contest, or (2) violates any of the terms and conditions of the abatement agreement and fails to resolve such violations within sixty (60) days from the date of written notice of such violations. the agreement then may be terminated and all taxes previously abated by virtue of the agreement will be recaptured and paid within sixty (60) days of the termination. OJ Section 7 ADMINISTRATION (a) The Chief Appraiser of the County shall, as a normal consequence of his duties, annually determine an assessment of the real and personal property comprising the reinvestment zone. Each year, the company or individual receiving abatement shall furnish the assessor with such information as may be necessary for the abatement, including the number of new or retained employees associated with the facility. Once the value has been established, the Chief Appraiser shall notify the affected jurisdictions which levy taxes of the amount of the assessment. (b) The agreement shall stipulate that employees and /or designated representatives of the City will have access to the reinvestment zone during the term of the abatement agreement to inspect the facility to determine if the company or individual is in compliance with the terms and conditions of the abatement agreement. All inspections will be made only after notification of not less than twenty four (24) hours and will only be conducted in such manner as not to unreasonably interfere with the construction and /or operation of the facility. All inspections will be made with one or more representatives of the company or individual present and in accordance with the company's safety standards. -- (c) Upon completion of construction, the City shall annually evaluate each facility receiving abatement to ensure compliance with the agreement and report possible violations to the City Council and City Attorney. (d) All proprietary information required by the City for purposes of monitoring compliance by a company with the terms and conditions of an abatement agreement shall be considered confidential. Section 8 ASSIGNMENT (a) Abatement may be transferred and assigned by the holder to a new owner or lessee of the same facility upon the approval by resolution of the City Council subject to the financial capacity of the assignee and provided that all conditions and obligations in the abatement agreement are guaranteed by the execution of a new contractual agreement with the City of North Richland Hills. (b) The expiration date of the new contractual agreement shall not exceed the termination date of the abatement agreement with the original owner and /or lessee. 10 (c) No assignment or transfer shall be approved if the parties to the existing agreement, the new owner or new lessee are liable to the City of North Richland Hills or any affected taxing jurisdiction for outstanding taxes or other obligations. (d) Approval of a transferred and assigned agreement shall not be unreasonably withheld. Section 9 SEVERABILITY AND LIMITATION In the event that any section, clause, sentence, paragraph or any part of these Guidelines and Criteria shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid such invalidity shall not affect, impair, or invalidate the remainder of these Guidelines and Criteria. PASSED AND APPROVED THIS DAY OF , 1992. Tommy Brown, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City 11 CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 3/24/97 Subject: Abandonment of a Portion of a Drainage Easement on Agenda Number: Lots 4R, 5 & 6, Block 1, Walker Branch Addition - Ordinance No. 2185 GM 97 -28 The Walker Branch Addition, Lots 4R, 5 & 6, Block 1, Final Plat was approved by City Council on January 27, 1997. The plat included a sizable drainage easement to protect an existing flood plain. The flood plain has now been substantially reduced through due process of a Letter of Map Revision. There is a separate drainage easement for the existing box culverts and the revised flood plain. The separate easement was granted many years ago and will remain. The portion of the platted easement that is to be abandoned is described in greater detail on the attached exhibit. At the time of platting, the easement was to be vacated by separate instrument. Since the flood plain has been revised, it is now appropriate to vacate the excess easement. It is recommended Council approve Ordinance No. 2185 vacating and abandoning the portion of the drainage easement which is beyond the limits of the original easement as described in Volume 388- 180, Page 1 of the Plat Records of Tarrant County, Texas. Source of Funds: Bonds (GO /Rev.) Operating Budget Finance Review Acct. Number Sufficient Funds Available CITY COUNCIL ACTION ITEM Finance Okeclor Ci y Manager Page 1 of ORDINANCE NO. 2185 WHEREAS, that portion of a drainage easement in the City of North Richland Hills, Texas originally platted as a part of Lots 4R, 5 & 6, Block 1, Walker Branch Addition in Cabinet A, Slide 3325 of the Plat Records of Tarrant County, Texas and specifically that portion which represented the flood plain, is no longer needed as a drainage easement; and WHEREAS, the City Council finds that the Flood Insurance Rate Maps have been revised by a Letter of Map Revision and the dedication of a portion of such drainage easement should therefore be vacated; NOW THEREFORE, BE IT ORDAINED BY HE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. Dedication and use of that portion of the drainage easement described in the attached Exhibit "A" is hereby vacated in favor of the legal owners of Walker Branch Addition, Lots 4R, 5 & 6, Block 1, retaining as a drainage and utility easement. The fifty foot strip shown in the plat recorded in Volume 388 -180, Page 2 of the Plat Records of Tarrant County, Texas and further shown on Exhibit °A" hereto as a drainage and utility easement containing 0.3628 acres (15,804 square feet). 2. The City Council finds that any right -of -user established by prescription in favor of the public has now been abandoned and that the ownership and use of the real estate in question should revert to the owners of Walker Branch Addition, Lots 4R, 5 & 6, Block 1, free and clear of any prescriptive claims or other rights in the public and it is so ordered, retaining the 0.3628 acres as a drainage and utility easement. PASSED AND APPROVED by the City Council of the City of North Richland Hills, Texas this 24th day of March, 1997. APPROVED: Tommy Brown, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY Rex McEntire, Attorney for the City =a1c Z O O m D z Amr Lml Ln vxmt, N " C) UI Vm` I O Y 7mC Z `O m W 3 m Z " N c 7a M ° _ ;Uv m onW°e z xW m r rat mzDr ry 7c - v .x. A C m �� z A N < A U1 1 C zu (n m r %0 D N N z V O _0% A W m O M t:, Rl b 0 v s >t; °> .. fi b AZ <r t � ��.I ry D 12 /V O tj N� �a a t q� PER Mi 1ME- X- y0. 1>�^ 62* h �i DRS" i� i I� r� ":V- \ t� 0o ti� �c 'pr yC,s, 0 9 9� J v< A l c M f ti r`o1 S + +A r D Z t7 0 z n D r 7\ M cli C M D bd Z 0 Ul W Drm ■■■ wl0 u ru- u 3; nzr G� O 3mwD O mdDD 1 m 0-1 rQ m O C•i � N pW, 20 .z. im�pp A ° 1 x N m 6 -0 P w a v D M N D A t r�l r) H n m 4 M _� a :. mm N 44 D x z r- I C3 b t NW28'42'W. 23&W � • 1 In) UI z SN:.. 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D "'-' r1 t701zDZ Aid 7C'_"n 0M -4�dAA M ro ;0 M w m-Ix °1 s "AOtb D:O - �z�xr-14 - sOZ�r° 3C1CDNtDA AZ,�D7CZ -4DWN rn O d x O " z n A" A> Z ty td td t.1 m A Z �W.m -. C D -1 z1�-1 m•--17 f r•1mz0zo 0> npOx "Z Ll - C)C D1;0 - m W OZ ° 0 < Z3. A i 0- Mox yrI <t -Az Cl om "1N Wo m Z 1 1 f Z O Z m °z D " " D" m A C Z o Cl At!! f "D 403> p m.0r --.4 ZDD , Al 1 'n Z Z 4 < -< °rxi= yrx•1 °rDD0 mmAZOm > -Uwzu- r-d1 0 x0 4" 1C)td M J r- X11 C "1 n7C,m.,W Zm Ll 1 _ m OmOV1 Z °Nz" E W x 1 C n> D �M OAM ttI DA °dd Ir rm << mr,D.11 £Z°mC) czimam°r°1i pm AO AL)-0 z " ZZ mr--I LI M AA -° CITY OF NORTH RICHLAND HILLS `- Department: Administration Subject: Video History of North Richland Hills Council Meeting Date: 3/24/97 Agenda Number: GN 97 -29 The Historical Committee that was formed last year is planning a video. This production will take place in our own studios. The cost will be approximately $6,000 and can be financed from Council Contingency. Recommendation: It is recommended that Council consider appropriating $6,000 for the production of the historical video. Source of Funds: Bonds (GO /Rev.) Operating Budget Finance Review Acct. Number 01 -99 -01 -5970 Sufficient Funds Available Other - Department Head Signature CITY COUNCIL ACTION ITEM Page 1 of i Diramor CITY OF NORTH RICHLAND HILLS Department: Finance / Fire Department Council Meeting Date: 3124/97 subject: Award Bid for Self- Contained Breathing Apparatus Agenda Number: PU 97 -24 Formal bids were solicited for self - contained breathing apparatus and spare cylinders to be used by Firefighters. Only one bid was received from Casco Industries in the amount of $17,887. Council appropriated $18,000 in the 1995/96 budget for the purchase of this equipment. Because the contract for bunker gear would be increasing by 7% on October 1, 1996, the City Manager approved a diversion of funds and the purchase of bunker gear from the 1995/96 budget (memo attached). The City realized a $1,190 cost saving by purchasing the bunker gear from the 1995/96 budget. Funds for the purchase of this equipment have been transferred from the 1996/97 clothing account to the capital account. Recommendation: It is recommended City Council award the bid for self - contained breathing apparatus to Casco Industries in the amount of $17,887. Finance Review Source of Funds: Acct. Number 01 -90 -04 -6400 Bonds (GO /Rev.) Sufficient Funds Available Operating Budget X the Lev artmen a re CITY COUNCIL ACTION ITEM anager Page 1 of Flnanas 0"Ooa CITY OF NORTH RICHLAND HILLS Fire Department Fire Chief August 13, 1996 pyC.A. Sanford, City Manager co City of North Richland Hills 7301 N/E Loop 820 North Richland Hills, Texas 76180 RE: Request to Change a Capital Outlay Purchase Dear C.A., The fire department has been authorized to make capital outlay purchases for the fiscal year 95/96. The two items were originally scheduled to be purchased in the fiscal year 96/97. These items are self- contained breathing apparatus ($18,225) and ambulance gurneys ($6,300). Also scheduled for the FY 96/97 is the purchase of bunker clothing for Fire Operations personnel. The self - contained breathing apparatus and the bunker clothing are nearly the same amount of approved funds. This request is to allow the fire department to purchase the bunker clothing during the fiscal year 95/96. The self- contained breathing apparatus can then be purchased in the next fiscal year, 96/97. The company who we purchase bunker clothing from is expected to have a cost increase of 7% as of October 1, 1996. Allowing this diversion on funds and an early purchase of the bunker equipment will save the City approximately $1,190. Your consideration and royal of this request would be appreciated. SRG:jkw P.O. Box 820609 • North Richland Hills, Texas -76182 -0609 USA 7202 Dick Fisher Dr. N. - 817.581 -5670 - FAX 817 - 656 -7551 CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 3/24/97 PU 97 -25 Formal bids were solicited for an annual contract to supply various sizes and quantities of batteries and the results are outlined below. Wholesale Electronics Battery Network Battery Plus $10,637.52 $11,910.17 A detailed spreadsheet showing the types of batteries, quantities and amounts is attached. The majority of the batteries will be used by the Police Department for the mobile data systems installed in Police cars. Batteries will be ordered and delivered on an as need basis. Wholesale Electronics met all the specifications and general conditions of the bid. Recommendation: It is recommended City Council award the bid for an annual contract to supply batteries to Wholesale Electronics in an amount not to exceed $9,267.05. Source of Funds: Bonds (GO /Rev.) Operating Budget -X— Other _ L" Lepartment Head Signature v Finance Review Acct. Number Various Sufficient Funds Available CITY COUNCIL ACTION ITEM Finance Director City Manager Page 1 of Annual Battery Contract Bid 97 -710 Wholesale Battery Battery Description Quantity Electronics Network Plus A. 9 Volt 7,863 $7,784.37 $8,570.67 $9,750.12 B. 6 Volt 144 $169.92 $511.20 $416.16 C. AAA 145 $42.05 $58.00 $65.25 D. AA 1,365 $382.20 $477.75 $546.00 E. C 799 $431.46 $479.75 $534.32 F. D 831 $457.05 $540.15 $598.32 GRAND TOTAL $9,267.05 $10,637.52 $11,910.17 CITY OF NORTH RICHLAND HILLS Department: Finance / Police Department Council Meeting Date 3/24/97 Subject: Award Bid for Ammunition Agenda Number: pU 97 -26 In the 1996/97 approved budget, Council appropriated funds for the purchase of ammunition to be used by the Police Department. Formal bids were solicited and the results are outlined below. Ultramax Ammunition t Dallas Reloading $11,214 Rucker Ammunition $11,520 Texas State Distributors $16,137 Ultramax Ammunition met all the specifications and general conditions of the bid and can deliver the ammunition in thirty days. Funding Source: 01 -80 -02 -2425 $ 8432 01 -80 -05 -2425 2046 28 -80 -01 -4850 81 $10,559 Recommendation: It is recommended City Council award the bid for ammunition to Ultramax Ammunition in the amount of $10,559. Finance Review Source of Funds• Acct Number See Above Bonds (GO /Rev.) Operating Budget -X— Other X _ ent Head Sianature Sufficient Funds Available CITY COUNCIL ACTION ITEM Finance Director City Manager Page 1 of CITY OF NORTH RICHLAND HILLS Department: Finance / Parks and Recreation Council Meeting Date 3/24/97 Subject: Award Bid for Closed Circuit TV System for the Agenda Number: PU 97 -27 Recreation Center In the 1996/97 Capital Projects budget, Council appropriated funds for the installation of a closed circuit TV system for the Recreation Center. Formal bids were solicited and the results are outlined below. Chubb Security Systems EBM, Inc. - $8,973 The references contacted stated Chubb Security did quality work and they would use the company again for future installations. Chubb Security met all the specifications and general conditions of the bid and can install the system within thirty days. Recommendation: It is recommended City Council award the bid for installation of a closed circuit TV system in the Recreation Center to Chubb Security in the amount of $8,646. Finance Review Source of Funds: Acct. Number 09-92 -09 -6000 Bonds (GO /Rev.) Sufficient Funds Available Operating Budget ther _ C Department Head ign re CITY COUNCIL ACTION ITEM Finance Director ity M r►ager Page 1 of CITY OF NORTH RICHLAND HILLS Department: Finance / Parks & Recreation Council Meeting Date: 3/24/97 Subject: Award Bid for City Hall Irrigation and Landscape, Agenda Number: Phase II PU 97 -28 Formal bids were solicited for Phase II of the City Hall Irrigation and Landscape project. The results are outlined below. Sprinkle `N Sprout 11".1k Innovative Landscape & Irrigation $7,189 Wall Enterprises $7,900 Phillips Lawn Sprinkler $9,210 The contractor will be replacing a section of the irrigation system, building berms and planting trees between the new City Hall addition and the access road. This contract will complete the City Hall landscape project. Sprinkle `N Sprout has done very satisfactory work for the City in the past and completed projects within budget and the required time frame. They met all the specifications and general conditions of this bid and can complete the project in twenty days. Recommendation: It is recommended City Council award the bid for Phase II of the City Hall Irrigation and Landscape project to Sprinkle 'N Sprout in the amount of $6,820. I Source of Funds: Bonds (GO /Rev.) Operating Budget Other, I Departmdn-1 Kea'Ic SignatUfe Finance Review Acct. Number 09 -92 -38 -6000 Sufficient Funds Available CITY COUNCIL ACTION ITEM Page 1 of Finance Director CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 3/24/97 Subject: Ratify Emergency Repair by SEPCO to Three Booster Agenda Number: Pumps at the Watauga Road Pump Station PU 97 -29 Three of the six booster pumps at the Watauga Road Pump Station (5105 Western Center Boulevard) are in urgent need of repair. The impellers have corroded and they are only pumping a small portion of their design capacity. Three pump repair companies have provided staff quotes on making the repairs. These quotes are shown below. SEPCO $9,146.60 PACO $16,928.00 GES $23,553.90 The Director of Public Works and Assistant City Manager authorized this repair work by SEPCO, in the amount of $9,146.60 as an emergency. The condition of the impellers on the other three pumps is unknown. It was felt these pumps needed to be repaired and back in service as soon as possible. Then the other three pumps will be shut down and checked. It is recommended that Council ratify this action. Source of Funds: Bonds (GO /Rev.) Operating Budget Head Sig Finance Review Acct, Number O2 -11 -01 -3450 Sufficient Funds Available L CITY COUNCIL ACTION ITEM Page 1 of Finance Director CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 3/24/97 Set Date for Public Hearing on Street and PW 97 -10 Subject: nrain;; a Improvements for Hightower Drive Agenda Number: (Sections A2 & B) It is proposed that April 28, 1997 be set as the date for a Public Hearing on the improvements for Hightower Drive from Crosstimbers Lane to Meadow Creek Road. The notices will be mailed to all property owners to insure that they are notified at least 15 days prior to the Public Hearing. Following the Public Hearing, the necessity to construct the improvements and levy of assessments will be determined by adoption of ordinances. Recommendation: It is recommended that April 28, 1997 be established as the date for the Public Hearing on the necessity for improving Hightower Drive from Crosstimbers Lane to Meadow Creek Road. Source of Funds: Bonds (GO /Rev.) Finance Review Acct. Number _ Sufficient Funds ;TION ITEM nager Page 1 of Finance Director CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Set Date for Public Hearing on Street and Subject: Drainage Improvements for Crane Rnari Agenda Number: 3/24/97 PW 97 -11 It is proposed that May 12, 1997 be set as the date for a Public Hearing on the improvements for Crane Road from Amundson Drive to Martin Drive. The notices will be mailed to all property owners to insure that they are notified at least 15 days prior to the Public Hearing. Following the Public Hearing, the necessity to construct the improvements and levy of assessments will be determined by adoption of ordinances. Recommendation: It is recommended that May 12, 1997 be established as the date for the Public Hearing on the necessity for improving Crane Road from Amundson Drive to Martin Drive. Source of Funds: Bonds (GO /Rev.) Finance Review Acct. Number — Sufficient Funds 'ION ITEM anager Page 1 of Finance DNector