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Home My WebLink AboutCC 1996-01-22 Agendas CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA JANUARY 22, 1996 - 6:00 P.M. For the Meeting conducted at the North Richland Hills Community Center in the Municipal Court Room, 6720 Northeast Loop 820. NUMBER ITEM 1. Presentation by Alliance for Children (5 Minutes) 2. IR 96-04 Planning & Zoning Commission Request for Information on Parks Projects (2 Minutes) 3. IR 96-07 Hightower Drive, Section A 1 (from Rufe Snow Drive east 1200 feet) (10 Minutes) 4. IR 96-08 Investment Portfolio Report for Fiscal Year 1994- 1995 (10 Minutes) 5. GN 96-09 Public Hearing - Community Development Block Grant - Resolution No. 96-09 (Agenda Item No. 13) (5 Minutes) 6. GN 96-11 - ,; Resolution Sup"porting Fort Worth & Western Railroad's Effotfs:to Acquire Cotton Belt Railway Track Rights- Resolution No. 96-04 (Agenda Item No. 15) (5 Minutes) ACTION TAKEN to, ....-"...... " , ..~ ·.-..- .- . Page 2 NUMBER ITEM ACTION TAKEN 7. GN 96-12 Little Bear Creek Flood Plain Control - Ordinance No. 2098 (Repealing Ordinance No. 2091) (Agenda Item No. 16) (10 Minutes) 8. GN 96-14 Design Modifications and Changes to City Hall Complex - Change Order NO.5 (Agenda Item No. 18) (5 Minutes) 9. GN 96-15 Abandonment of Charles Road Right-of-Way (Block 2, Thompson Park Estates) - Ordinance No. 2099 (Agenda Item No. 19) (5 Minutes) 10. PU 96-09 Professional Services Agreement - City Park and PU 96-10 Professional Services Agreement - NRH20 Master Plan (Agenda Item Nos. 24 & 25) (5 Minutes) 11. PW 96-04 Approve Agreement with the State of Texas for the Reconstruction of the Rufe snow Drive/I.H. 820 Bridge - Resolution No. 96-07 and PW 96-05 Approve Agreement with the State of Texas for the Reconstruction of the Rufe Snow Drive/Karen Drive Intersection - Resolution No. 96-08 and PW 96-06 Approve Agreement with the State of Texas for the Reconstruction of the Rufe Snow Drive/Glenview Drive Intersection - Resolution No. 96-06 (Agenda Item Nos. 27, 28 & 29) (10 Minutes' e '4 . -- Page 3 NUMBER ITEM ACTION TAKEN 12. Other Items 13. *Executive Session (10 Minutes) - The Council may enter into closed executive session to discuss the following: A. Consultation with attorney under Gov. Code §551.071 : Consider Watauga vs. NRH 14. 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. . CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA JAN UARY 22, 1996 For the Regular Meeting conducted at the North Richland Hills Community Center in the Municipal Court Room, 6720 Northeast Loop 820, at 7:30 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1. Items marked with an * are on the consent agenda and will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 581-5502 two working days prior to the meeting so that appropriate arrangements can be made. e NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Minutes of the Regular Meeting January 8, 1996 5. Presentations by Boards & Commissions a. Beautification Commission Minutes . . . e Page 2 - . - NUMBER ITEM ACTION TAKEN 6. Removal of Item(s) from the Consent Agenda 7. Consent Agenda Item(s) indicated by Asterisk (9,12,14,15,16,17,18, 19,20,21,22,23,24,25,26,27,30, & 31) 8. PZ 95-26 Public Hearing to Consider the Request of HSM Development to Rezone Tracts 3, 3A3, 3A4, 3A3A, 3B, 3A3B, and 4A 1, Mann Survey, Abstract 1010, from AG Agriculture to a Planned Development - Ordinance No. 2095 (Located in the 7000 block of Hightower Drive) (public Hearing Recessed at the January 8, 1996 Council Meeting) *9. PS 95-25 Request of M & J Construction for Final Plat of Crestwood Estates, Phase III (Located on the east side of Smithfield Road, south of Redwood Court) 10. PS 95-35 Request of Oak Hills Joint Venture for Final Plat of Oak Hill Addition, Phase 2 (Located east of Eden Road, north of the Railroad Tracks) 11. GN 96-07 Public Hearing for Budget of Crime Control and Prevention District Page 3 e - NUMBER ITEM ACTION TAKEN *12. GN 96-08 Authorization of Signatures for Unmarked License Plates- Resolution No. 96-05 13. GN 96-09 Public Hearing - Community Development Block Grant - Resolution No. 96-09 *14. GN 96-10 Authorizing the Submittal for a Texas Parks and Wildlife Grant - Resolution No. 96-10 *15. GN 96-11 Resolution Supporting Fort Worth & Western Railroad's Efforts to Acquire Cotton Belt Railway Track Rights - Resolution No. 96-04 *16. GN 96-12 Little Bear Creek Flood Plain Control - Ordinance No. 2098 (Repealing Ordinance No. 2091) *17. GN 96-13 Approve Speed Zone Change on Davis Boulevard (FM 1938) - Ordinance No. 2097 *18. GN 96-14 Design Modifications and Changes to City Hall Complex - Change Order NO.5 e . e e Page 4 . "' ' -- " NUMBER ITEM ACTION TAKEN *19. GN 96-15 Abandonment of Charles Road Right-of-Way (Block 2, Thompson Park Estates) - Ordinance No. 2099 *20. PU 96-05 Award Annual Contract for Firefighter Bunker Gear *21. PU 96-06 Approve Purchase of Supplies from Zerox Corporation *22. PU 96-07 Award Bid for City Hall Cabling Project *23. PU 96-08 Award Bid for Concrete Saw *24. PU 96-09 Professional Services Agreement - City Park *25. PU 96-10 Professional Services Agreement - NRH20 Master Plan *26. PW 96-03 Approve Budget for Hewitt Drive 1996 Minor Drainage Improvements *27. PW 96-04 Approve Agreement with the State of Texas for the Reconstruction of the Rufe Snow Drive/I. H. 820 Bridge - Resolution No. 96-07 .. , . e . - , - NUMBER 28. PW 96-05 29. PW 96-06 *30. PW 96-07 *31. PAY 96-03 32. 33. Page 5 ITEM ACTION TAKEN Approve Agreement with the State of Texas for the Reconstruction of the Rufe Snow Drive/Karen Drive Intersection - Resolution No. 96-08 Approve Agreement with the State of Texas for the Reconstruction of the Rufe Snow Drive/Glenview Drive Intersection - Resolution No. 96-06 Approve Change Order NO.1 for I.H. 820 Interchange Water and Sanitary Sewer Adjustments, Phase 2 Approve Final Pay Estimate NO.4 in the Amount of $23,121.90 to Pate Brothers Construction, Inc. For Holiday Lane, Section B- Utility and Drainage Improvements Citizens Presentation a. State Representative Bill Carter Re: Banning of Weapons in City- owned Buildings Adjournment POSTED /- /1- q (// Date )0'55 am. lUll\:: City Secretary L'~ g /rl~ _____ / V INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 96-06 * Date: January 16, 1996 Subject: Yard Waste Reduction Partnership With the closing of the Minnis Drive Landfill, the Northeast Tarrant County area has been designated as a Priority Area by the Texas Natural Resource Conservation Commission (TNRCC) which is based upon a five year projection of land fill capacity. In light of this designation, the Environmental Services Director has been meeting with representatives from other cities for the past year to address the issues surrounding the large amounts of residential yard waste going into the remaining landfill space. As a result of these meetings we have made two grant requests for funding in this area. Yard Waste Reduction Project Partnership With the announcement of grants offered through the North Central Council of Governments (COG) from TNRCC, the cities of North Richland Hills, Haltom City, Hurst and Richland Hills each individually indicated to COG that they were interested in working to divert yard waste from the waste stream. In meeting with city representatives at COG an idea was proposed to form a partnership between the four cities to make a larger impact on the problem than each city could make individually. North Richland Hills Environmental Services Department researched the grant opportunities working with representatives from each city and has written a proposal which was submitted to the COG for a comprehensive Yard Waste Reduction Partnership. The project is made up of three phases as follows: Phase I "Don't Bag It" Campaign Phase II Educational Program consisting of 2 Master Composter Classes and 2 Yard Waste Reduction Seminars Phase III Design and Construction of Backyard Compost Demonstration Sites in each of the four cities. Because of the scope of the project it is projected to take fifteen months to totally implement. Each city has agreed to provide space in local parks for the demonstration sites and there is little cost to any of the four cities for the completion of the entire project. The deadline for the grant submittal was January 16, 1996. We have submitted the proposal which will be subject to City Council approval prior to grant acceptance. Each participating city must obtain city council approval. We expect to hear sometime in mid-March about the status of the grant proposal. It is felt that we have a very good chance of obtaining this grant which would be a first for a partnership project in Northeast Tarrant County. By combining resources, we should be able to reach a greater number of residences in all four cities than if we each tried this project on our own. The grant outlines a contractual arrangement for a Project Coordinator. By taking advantage of this type of arrangement we avoid adding any staff positions to administer the project. The CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 96-06 Page 2 of 2 contract will be for fifteen months and will detail the duties and requirements for completion of each phase of the project. The bulk of the labor for the design and construction of the four demonstration sites will be provided by Master Composters, Master Gardeners and volunteers from local groups such as NEET and the area Beautification Commissions as well as from local school and community groups. The total amount of the grant is for $84, 715. North Richland submitted the grant proposal with affidavits from each of the partnership cities and we will be the recipient of the funding which will be handled by our Finance Department. We will be working with staff members from our own Park and Recreational and Public Works Departments as well as those from the other three cities. Chipper/Shredder Equipment The need for a chipper/shredder has been demonstrated by both Public Works and Park and Recreation Department over the past several years. North Richland Hills had to rent a chipper/shredder during the major storm that we experienced last year. We also are dependent on Laidlaw Waste Systems at Christmas for our Christmas Tree Recycling program. Both Public Works and Park and Recreation have detailed the need for this type equipment but felt that the cost was prohibitive. We decided to take this opportunity to apply for funding for this equipment to be used by both Departments. The total cost for this grant is $22,500 which is for the Vermeer™ 1250 Brush Chipper. Research into this type of equipment indicates that this is the style and type of chipper that will provide the best performance for both Departments. It should be noted that while both grants have been submitted each is subject to formal approval by North Richland Hills City Council as well as the other three City Councils where appropriate. <?~~ed: Pam Burney, R.S. Environmental Services Direct r CITY MANAGER NORTH RICHLAND HILLS. TEXAS . " e . . ~ III --~- ALLIANCE FOR CHILDREN A,' ABLSr.D lliILO--'; IL5TICE l"[:\iTFR December 4, 1995 Jeanette Rewis, City Secretary City of North Richland Hills P.O. Box 820609 North Richland Hills, TX 76182-0509 Dear Ms. Rewis, I would appreciate the opportunity to make a brief presentation to the North Richland Hills City Council Meeting on Monday, January 22, 1996. The subject of the presentation would be the operations of Alliance For Children, the children's advocacy center in Tarrant County and the opportunity to open a third center in Northeast Tarrant County. This center could potentially serve all municipalities located in the Northeast Tarrant County area. My request to make this presentation is the result of a series of meetings I have been having with the mayors and city managers of Northeast Tarrant County. Mayor Brown attended the last meeting on November 15, 1995, and suggested that I contact you to arrange a presentation. I would like to show our agency video which is eight minutes in length and gives a good overview of Alliance For Children's program. Thank you for facilitating this request for me. I look forward to hearing from you. If you have any questions, I can be reached at 335-7172. Sincerely, ~~ Executive Director Nancy Hagan Executive Director 1320 West Abram· Arlington, Texas 76013 (817) 795-9992 . FAX (817) 795-9997 908 Southland Avenue· Fort Worth, Texas 76104 (817) 335-7172 . FAX (817) 335-8482 Charter Member of the National Network of Children's Advocacy Centers Founding Member of the Children's Advocacy Centers of Texas, Inc, · - INFORMAL REPORT TO MAYOR AND CITY COUNCil No.1R 96-04 ~ 1/ V Date: January 22, 1996 Subject: Planning & Zoning Commission Request for Information on Parks Projects At the January 11 meeting of the Planning and Zoning Commission, Commission Chairman David Barfield requested that the attached letter be presented to the City Council. The letter requests that the Commission be made aware of park projects during their planning stages so that the Commission can take these plans into consideration as a part of their deliberations on planning and zoning issues. This has been placed on the Pre-Council Agenda for discussion. Respectfully submitted, ~c~ Randy Shiflet Assistant City Manager e RS:ph a ISSUED BYTHE CITY MANAGER NORTH RICHLAND HILLS, TEXAS e - a January 11, 1996 The Honorable Tommy Brown, Mayor and City Council City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 76180 Dear Mayor and City Council: The Planning and Zoning Commission is very interested in becoming more aware of plans and future park projects being developed by the North Richland Hills Parks Department. As you are aware, the Planning and Zoning Commission's responsibility includes the review of property rezoning cases new subdivision plats. The knowledge of future park development plans would be very helpful to us when considering issues which impact the overall comprehensive planning strategy of the city. Your assistance in achieving this goal will be appreciated. Respectfully yours, ~~)-- David Barfield, Chairman Planning and Zoning Commission ~~ ~ {., \;vJL ~ ~¡f~ sg1~ ÐíU~~ . . . INFORMAL REPORTTO MAYOR AND CITY COUNCIL No. IR 96-01 1\ ~ Date: V~ Subject: January 22, 1996 HIGHTOWER DRIVE, SECTION A1 (from Rufe Snow Drive east 1200 feet) The contract for the construction of Hightower Drive, Section A 1 was awarded to Austin Bridge & Road on 11/13/95 (PW 95-70). The contract was initially awarded to keep the road open to through traffic during construction. The contractor's original schedule indicated that the construction of Hightower Drive would be completed prior to the opening of the Tom Thumb grocery store (mid to late June). However, because of problems in getting permission from an adjacent property owner to do some offsite grading and relocation of existing utilities, the contractor is just starting the project. It now appears that the contractor will complete the roadway construction about the same time the store is scheduled to open or a few weeks after. Below is a table indicating the estimated completion date of the project if the roadway "remains open" and if the roadway is "closed" during construction. Begin Construction End Construction Remains Open Closed 1/15/96 1/15/96 7/12/96 4/01/96 If the roadway is allowed to be closed, there will be a reduction of $16,000 from the awarded contract amount. Staff requests guidance from the Council on this issue. Respectfully submitted, ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS e INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 96-08 ~ Date: T Subject: January 22, 1996 Investment Portfolio Report for Fiscal Year 1994-1995 This informal report to Council is a final report on all investment activity for Fiscal Year 1994- 1995. The report has been designed to comply with the reporting and disçl~sure requirements of the Public Funds Investment Act of 1995. During the fiscal year, the City began to diversify the portfolio while maintaining low levels of risk and comparable interest rates by investing in short term government securities. At the same time, the City's investment policy was revised to comply with the changes in state law caused by the passage of the Public Funds investment Act of 1995. e The City earned $1.93 million in interest income during the year with an average portfolio balance of $34.7 million. This is a 5.56% return on investment (ROI), which is 1.83%,f1igher than the 3.73% ROI for Fiscal Year 1994. At year end, the investment portfolio totaled $32.46 million, a decline of approximately 2.1 % or $680,000 from the beginning of the year. The decline wâs caused primarily by expenditures on numerous capital projects drawing down the proceeds of prior bond sales. With the issuance of $6 million in bonds next year as part of the 1994 Bond Election Construction Program, City staff expects the City's total portfolio value to remain relatively constant. Return on investment by month is shown on Table A. .. . At the beginning of the year, the City was almost totally invested in Texpool. In an effort to diversify the portfolio, the City established relationships with several investment brokerage firms in order to purchase authorized securities and create a more balanced portfolio. Throughout the year, the City purchased investments from seven brokerage firms, with no firm having more than 15% of the City's business at any given time. In the next Fisca! Year, City staff plan to invest excess funds in longer term securities in order to increase interest income and reduce interest rate risk. Interest rate risk is the risk of higher or lower interest income caused by changes in the interest rate over time. By expanding the maturity structure of the portfolio, the City's interest earnings will be less influenced by short term changes in interest rates. Table B shows the change in portfolio structure and market value. While total funds invested decreased for the year, the relative market value of the investments increased. This change in value was mostly attributable to an increase in the market value of investments held by Texpool. Table C compares book to market value for each security held by the City at year end. ; ,. . e Table C details the City's investments by investment account as of September 30, 1995. The column titled book value shows the value of the securities recognized by the City. The column titled market value indicates the price the city would have received if the investments were sold for cash on September 30. The difference between these two columns shows the City's unrealized gain or loss on the securities at that date. The gain or loss is referred to as unrealized because the City did not sell all investments on that date. The only time a. gain or ~ '. -. . ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS e e e loss is recognized is if the security is sold before maturity. If a security is held until it matures the gain or loss to the City is $0. Table D is a listing of all securities purchased by the City during the year that have matured. The City no longer possesses these securities, but has used the proceeds from them to purchase the current investments listed in Table C. Table E presents the same information as Table C in a different format. On page 1, investments are listed by type instead of by investment group. This shows the amount invested in each type of security for the City's entire portfolio. Page 2 shows how the portfolio is diversified among brokers. While the City has money deposited at Texpool and Liberty Bank, no funds are held by the brokers. As part of its depository agreement with the City, Nationsbank acts as a safekeeping agent for the City. Payments for securities are not released until the security is delivered to Nationsbank, this allows the City to obtain the best price for an investment from a wide selection of brokers without the danger of the City loosing principal if a broker goes out of business. The statistics presented in Table E show the rate of return on funds invested at Texpool and in short-term securities as of Sept. 30, 1995. The three month T-Bill rate is included for comparison purposes. The T -Bill rate indicates which interest rate would be earned if the total portfolio was invested in three month treasury securities. The weighted average maturity (WAM) indicates the average number of days before investments mature. The maximum average maturity allowed under the investment policy is 365 days. In general, a shorter WAM indicates that more funds are available for payment of current expenses, while less interest will be earned. Also attached to this report is a Glossary of investment terms and definitions and a Certification signed by all members of the investment committee indicating their agreement with this report and its compliance to the provisions of the Public Funds Investment Act and the City's Investment Policy. Respectively submitted, ~ Charles Harris Finance Director CH/bws Attachments CERTIFICATION e This report has been examined and approved by the I,nvestment Committee of the City of North Richland Hills. Information presented in this report to the City Council represents an accurate description of the City's investment activity for the 1994-1995 fiscal year. This report meets all reporting requirements specified by the Public Funds Investment Act of 1995 and the Investment Policy of the City of North Richland Hills. Larry J. Assistant ~ Charles Harris Finance Director C{!pt2ß¿) ~ ackie Theriot Accounting Manager es ervices Manager e M~ Bret Starr Accountant e e e e GLOSSARY Agencies: Are organizations formed by the Federal Government but not directly controlled by the Government. Each agency is authorized to issue its own securities which are comparable to Treasury Notes, Bills, and Bonds. Book Value: The value of a security as stated in the City's general ledger. Certificate of Deposit: a time deposit issued by a bank that guarantees a specified interest rate for a specified time for the amount of the certificate. Discount Notes: Short-term securities that are sold at a discounted price and redeemed at full value upon maturity. The difference between the purchase price and maturity value is the investment's interest income. FHLB: (Federal Home Loan Bank) a U. S. Government Agency that issues securities. FHLMC: (Federal Home Loan Mortgage Corporation, or Freddie Mac) a U. S. Government Agency that issues securities. FNMA: (Federal National Mortgage Association, or Fannie Mae) a U. S. Government Agency that issues securities. Market Value: The value of a security if it was sold for cash at a given date. Return on Investment (ROI): The amount of money earned on a given amount of investments for a specified period of time. Texpool: An investment pool administered by the State Treasury. Funds from political subdivisions of Texas are deposited with Texpool and invested as a single portfolio to earn higher levels of interest income. Weighted Average Maturity (WAM): A measure of the average length until maturity for the investment portfolio based on the number of days until maturity for each invesment weighted by the dollar value of each investment. TABLE A e CITY OF NORTH RICHLAND HILLS INTEREST INCOME SUMMARY FOR THE PERIOD ENDED SEPTEMBER 30,1995 AVERAGE RETURN MONTH TOTAL FUNDS INTEREST ON ENDING INVESTMENTS AVAILABLE INCOME INVESTMENT September 30 $32,985,986 October 31 33,282,142 $33,134,064 $124,520 4.42% November 30 33,470,025 33,376,084 127,677 4.65% December 31 33,884,437 33,677,231 160,972 5.63% January 31 36,793,450 35,338,943 168,146 5.60% February 28 33,115,122 34,954,286 159,865 5.96% March 31 33,142,588 33,128,855 163,877 5.82% e April 30 31,884,745 32,513,667 155,272 5.81% May 31 38,868,057 35,376,401 169,566 5.64% June 30 37,271,759 38,069,908 189,597 6.06% July 31 " 37,504,450 37,388,105 183,973 5.79% August 31 34,353,553 35,929,001 172,746 5.66% September 30 31,519,038 32,936,295 157,227 5.81% 12 MONTH AVERAGE $34,467,335 $34,651 ,903 $1 ,933,438 5.57% e TABLE B e CITY OF NORTH RICH LAND HILLS CHANGE IN PORTFOLIO COMPOSITION FOR FISCAL YEAR 1994-1995 Book Value As of 10/1/94 As of 9/30/95 Change in Investment Type Amount Percentage Amount Percentage Amount Percentage T expool $32,964.955 99.70% $22.467,446 69.19% ($10,497,509) -30.51% Certificates of Deposit 99,000 0.30% 99,000 0.30% 0 0.01% U.S. Treasury Bills 0 0.00% 981,487 3.02% 981,487 3.02% U.S. Agency Discount Notes 0 0.00% 8.921,824 27.48% 8,921,824 27.48% Totals: $33,063,955 100.00% $32,469,757 100.00% ($594,198) 0.00% Market Value As of 1 0/1/94 As of 9/30/95 Change in Investment Type Amount Percentage Amount Percentage Amount Percentage T expool $32,522,203 99.70% $22,608,991 69.33% ($9,913,212) -30.36% Certificates of Deposit 99,000 0.30% 99,000 0.30% 0 0.00% U.S. Treasury Bills 0 0.00% 981,390 3.01% 981,390 3.01% e U.S. Agency Discount Notes 0 0.00% 8,919,494 27.35% 8,919,494 27.35% Totals: $32,621,203 100.00% $32,608,875 100.00% ($12,328) 0.00% Comparison of Book to As of: 10/01/94 As of: 09/30/95 Increase (Dercease) for Market Value: (442,752) 98.66% 139,118 100.43% FY 1994-95: 1.77% e TABLE C CITY OF NORTH RICHLAND HILLS e INVESTMENT DETAIL AS OF SEPTEMBER 30, 1995 Purchase Maturity Interest Book Accrued Market Unrealized Account /Investments 10# Date Date Rate Value Interest Vatue Gain/Loss Consolidated ACC()unt T expoot 1111-000 Various N/A 5,77% 12,371,944.14 0.00 12,449,887.39 77,943.25 CO 4941 09/26/95 12/26/95 5.00% 99,000,00 0,00 99,000.00 0,00 FNMA Disc Note 313588NT8 08/03/95 11/02195 5,73% 994,894,17 8,973.87 994,640.00 (254.17) T-BiII 912794W8~ 08/03/95 02/01/96 5,62% 981,486.83 8,659.39 981,390.00 (96.83) FNMA Disc Note 313588PH6 08/14/95 11/16/95 5.75% 992,701,95 7,298.06 992,446.67 (255.27) FHLB Disc Note 313384RGE 09/28/95 01/02196 5.70% 985,685.13 304.57 985,400.00 (285,13) FHLMC Disc Note 313396NE9 07/20/95 10/20/95 5,74% 996,900,00 11,160,00 996,680.00 (220,00) FHLB Disc Note 313384NH8 07/24/95 10/23/95 5,74% 996,435,00 10,540.00 996,377.50 (57,50) 18,419,047.22 46,935.89 18,495,821,56 Debt Service T expool 1023-000 Various N/A 5.77% 208,179.18 0.00 209,490.71 1,311.53 1991 G.O. Bonds T expool 1017-000 Various NIA 5.77% 0,00 0.00 0.00 0,00 1987 G.O. Bonds T expool 1987-000 Various N/A 5.77% 175,496.21 0.00 176,601.84 1,105.63 1989 Revenue Bonds T expool 1989-000 Various N/A 5.77% 379,375.26 0.00 381,765.32 2,390.06 e 1989 G.O. Bonds T expool 1989-111 Various N/A 5.77% 154,684.37 0.00 155,658.88 974.51 1992 G.O. Bonds T expoot 6706-000 Various N/A 5.77% 1,263,505.75 0.00 1,271,465.84 7,960.09 1992 C.O, Bonds T expool 6707-000 Various N/A 5.77% 104,111.60 0.00 104,767.50 655.90 1993 G,O. Bonds T expoot 1993-000 Various N/A 5.77% 2,195,964.09 0.00 2,209,798.66 13,834.57 ~.O. Bonds T expool 1993-001 Various N/A 5.77% 88,114.90 0.00 88,670.02 555.12 1995 G.O. Bonds T expool 1995-000 Various N/A 5.77% 1,543,009.71 0.00 1,552,730.67 9,720.96 FHLMC Disc Note 313396NRO 07/27/95 10/31/95 5.73% 995,203.61 10,056.94 994,960.00 (243.61 ) FHLB Disc Note 313384PU7 08/28/95 11/27/95 5.70% 991,074.44 5,078.33 990,820.00 (254,44) FNMA Disc Note 313588RB3 08/28/95 12/28/95 5.71% 986,328.61 5,069.17 985,900.00 (428.61 ) FHLB Disc Note 313384SC4 08/28/95 01/22/96 5,70% 982,583.34 5,041.67 982,270.00 (313,34) 5,498,199.71 25,246.11 5,506,680,67 8,480.96 Parks Sales Tax ACC()unt T expool 2295-000 Various N/A 5.77% 920,400.75 0.00 926,199.27 5,798.52 1992 Parks Tax Bonds Texpool 1333-000 Various N/A 5.77% 724,331.38 0.00 728,894.67 4,563.29 e 1994 Parks Tax Bonds Texpool 1994-999 Various N/A 5.77% 1,943,297.48 0.00 1,955,540.25 12,242.77 1995 Parks Tax Bonds T expool 1995-999 Various N/A 5.77% 205,439.40 0.00 206,733.67 1,294.27 TABLE C e CITY OF NORTH RICHLAND HILLS INVESTMENT DETAIL AS OF SEPTEMBER 30, 1995 Purchase Maturity Interest Book Accrued Market Unrealized Account /Investments 10# Date Date Rate Value Interest Value Gain/Loss Golf Course Account T expool 8801-222 Various N/A 5,77% 425,105.93 0.00 427,784.10 2,678,17 1994 Contractual Obligations T expool 8801-111 Various N/A 5.77% 0.00 0.00 0.00 0.00 Total Unrealized Gain(Loss): $149.100.70 e e TABLE D e CITY OF NORTH RICHLAND HILLS DETAIL OF MATURED INVESTMENTS FOR FISCAL YEAR 1994-1995 Purchase Maturity Yield to Purchase Book Maturity Total Description CUSIP Date Date Maturity Price Value Value Interest Consolidated Account FHLB Disc Note 313384CS6 02/07/95 03/06/95 5.8860% 995,665 1,000,000 1,000,000 4,335.00 FHLB Disc Note 313384DW6 02/07/95 04/03/95 6.0160% 991,017 1,000,000 1,000,000 8,983.33 T -Bill 912794R89 02/07/95 05/04/95 5.9420% 986,192 1,000,000 1,000,000 13,807.78 FHLMC Disc Note 313396GJ6 03/06/95 06/02/95 6.0800% 995,409 1,010,000 1,010,000 14,591.14 FNMA Disc Note 313588GQ2 03/07/95 06/08/95 6.0950% 999,477 1,015,000 1,015,000 15,522.73 FHLMC Disc Note 313396JA2 04/03/95 07/12/95 6.0920% 998,337 1,015,000 1,015,000 16,662.92 FNMA Disc Note 313588JN6 04/03/95 07/24/95 6.1250% 996,274 1,015,000 1,015,000 18,725.62 T-BiII 912794U36 05/04/95 08/03/95 5.7900% 985,770 1,000,000 1,000,000 14,229.93 FHLMC Disc Note 313396LH4 06/02/95 09/05/95 5.7003% 985,381 1,000,000 1,000,000 14,619.44 FNMA Disc Note 313588LTO 06/08/95 09/15/95 5.9549% 984,105 1,000,000 1,000,000 15,895.00 FNMA Disc Note 313588MG7 06/19/95 09/28/95 5.9359% 983,840 1,000,000 1,000,000 16,160.00 1995 G.O. Bond Account FHLB Disc Note 313384JR1 OS/26/95 07/27/95 5.9709% 989,959 1,000,000 1,000,000 10,040.56 FHLMC Disc Note 313396KZ5 OS/26/95 08/28/95 5.9814% 2,954,488 3,000,000 3,000,000 45,511.67 e e TABLE E e CITY OF NORTH RICHLAND HILLS DETAIL OF CURRENT INVESTMENTS AS OF 9/30/95 TOTAL PERCENT MAXIMUM INVESTMENTS BY CATEGORY DOLLARS OF TOTAL PERCENT TEXPOOL (as of 9/30/95) Debt Service $208,179 General Account 12,371,944 1992 Parks Bonds 724,331 1987 G Os 175,496 1989 Revenue 379,375 1989 G Os 154,684 1993 GOs 2,195,962 1993 C Os 88,115 1994 Parks Bortds 1,943,297 1995 GOs 1,543,010 1995 Parks Bonds 205,439 Park 1/2 Cent Sales Tax 684,888 1992 G Os 1,263,506 e 1992 C Os 104,112 Golf Operations 425,106 TOTAL TEXPOOL: $22,467,446 69.37% 100% U. S. TREASURIES T -Bills $972,827 TOTAL TREASURIES 972,827 3.00% 100% U. S. AGENCY DISCOUNT NOTES Federal Home Loan Mortgage Corp. $1,971,604 Federal National Mortgage Assn. 2,952,584 Federal Home Loan Bank 3,922,221 TOTAL AGENCIES 8,846,409 27.32% 50% CERTIFICATES OF DEPOSIT Liberty Bank # 4108 $99,000 TOTAL C Ds 99,000 0.31% 40% e TOTAL INVESTMENTS $32,385.682 TABLE E e CITY OF NORTH RICH LAND HILLS DETAIL OF CURRENT INVESTMENTS AS OF 9/30/95 INVESTMENTS BY BROKER/BANK/POOL T expool First Southwest M.G.S.I. Securities NationsBanc Capital Markets Prudential Securities Coastal Securities Merrill Lynch Paine Webber Liberty Bank $22,467,446 o 3,917,431 3,935,142 1,966,663 o o o 99,000 TOTAL INVESTMENTS STATISTICAL INFORMATION e Weighted Average Maturity: Other Investments Yield 9/95: Texpool Yield 9/30/95: Texpool Avg Yield: 9/95 20.13 Days 5.7306% 5.8359% 5.7322% STATISTICAL COMPARISONS 3-Month T -Bill 9/30/95: 5.4300% e $32,385,682 69.37% 0.00% 12.10% 12.15% 6.07% 0.00% 0.00% 0.00% 0.31% . . . . ~ MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE COMMUNITY CENTER IN THE MUNICIPAL COURT ROOM, 6720 NORTHEAST LOOP 820 _ JANUARY 8, 1996 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order January 8, 1996 at 7:30 p.m. ROLL CALL Present: Tommy Brown JoAnn Johnson Lyle E. Welch Mack Garvin Mark Wood Ray Oujesky Byron Sibbet Mayor Mayor Pro Tem Councilman Councilman Councilman Councilman Councilman Staff: C.A. Sanford Randy Shiflet Larry Cunningham Patricia Hutson Rex McEntire Greg Dickens City Manager Assistant City Manager Assistant City Manager Assistant City Secretary Attorney City Engineer Absent: Linda Spurlock Sansoucie Councilwoman Jeanette Rewis City Secretary 2. INVOCATION Mayor Pro T em Johnson gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES OF THE REGULAR MEETING DECEMBER 11,1995 APPROVED . . January 8, 1996 Page 2 Mayor Pro Tem Johnson moved, seconded by Councilman OUjesky, to approve the minutes of the December 11, 1995 Council meeting. Motion carried 6-0. 5. PRESENTATIONS BY BOARDS & COMMISSIONS No action necessary. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA 7. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (11,13,14,17,18,19,20,21,22,23,24,25,26&27) APPROVED Councilman Wood moved, seconded by Councilman Garvin, to approve the Consent Agenda. . Motion carried 6-0. 8. PZ 95-24 PUBLIC HEARING TO CONSIDER THE REQUEST OF AMERICAN EAGLE HOMES TO REZONE TRACTS A7, A9, A10, A11 AND A12, BLOCK A, HEWITT ESTATES FROM AG AGRICULTURE TO R-2 SINGLE FAMILY RESIDENTIAL AND TO REZONE TRACT 4C5, MCCOMAS SURVEY, ABSTRACT 1040, FROM AG AGRICULTURE AND R-1 SINGLE FAMILY RESIDENTIAL TO R-1-S SPECIAL SINGLE FAMILY RESIDENTIAL _ ORDINANCE NO. 2093 (LOCATED ON BUCK STREET, EAST OF MEADOW ROAD) APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of the request to come forward. Mr. Doug Long, 1615 Precinct Line Road, representing the applicant, appeared before the Council. Mr. Long spoke in favor of the request. . Mayor Brown called for anyone wishing to speak in opposition to come forward. There being no one else wishing to speak, Mayor Brown closed the Public Hearing. Councilman Garvin moved, seconded by Councilman Wood, to approve Ordinance No. 2093. January 8, 1996 Page 3 . Motion carried 6-0. 9. PZ 95-25 PUBLIC HEARING TO CONSIDER THE REQUEST OF PAUL BOURLAND FORA SPECIAL USE PERMIT FORA PERSONAL CARE HOME ON LOT 3, BLOCK 1 R, HOLIDAY WEST ADDITION _ ORDINANCE NO. 2094 (LOCATED AT 6909 MEADOW PARK NORTH) DENIED The City Manager announced that a legal petition had been submitted by the neighbors. City Manager Sanford requested Mr. LeBaron to advise the audience of the regulations for a personal care house. Mr. LeBaron, Director of Planning, advised of the requirements that must be met for a personal care home. . Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor to come forward. Mr. Paul Bourland, 6909 Meadowpark North, applicant, appeared before the Council. Mr. Bourland advised the Council of his plans for the personal care home. Mr. Bourland responded to the Council's questions. Mr. Bourland advised Council that none of the patients would have cars, a care giver would live at the home 24 hours a day and the home would be inspected by the Fire Marshall and approved by the State. The following spoke in opposition to the request. They were opposed to a business being located in a neighborhood zoned residential and concerned about the type of individuals that might be permitted to reside there in the future and the traffic that would be generated from the home. Mr. Dennis York, 5524 Spring Meadow - also requested that the property owner be required to comply with the zoning regulations concerning parking Mr. Tim Boyd, 7009 Meadow Park Mr. Wayne Vaught, 5540 Misty Meadow Mr. Ray Sampson, 5513 Woodview Ms. Minnie Caldwell, 5533 Spring Meadow . Mr. Gene Sells, 7012 Meadow Park. Mr. Leonard Murphy, 6925 Meadow Park, stated he did not have a problem with ambulatory senior adults living there. . . . January 8, 1996 Page 4 There being no one else wishing to speak Mayor Brown closed the Public Hearing. Councilman Sibbet moved, seconded by Councilman Garvin, to deny Ordinance No. 2094. After considerable discussion by the Council, motion to deny carried 6-0. 10. PZ 95-26 PUBLIC HEARING TO CONSIDER THE REQUEST OF HSM DEVELOPMENT TO REZONE TRACTS 3, 3A3, 3A3A, 3B, 3A3B, AND 4A1, MANN SURVEY, ABSTRACT 1010 FROM AG AGRICULTURE TO A PLANNED DEVELOPMENT _ ORDINANCE NO. 2095 (LOCATED IN THE 7000 BLOCK OF HIGHTOWER DRIVE) PUBLIC HEARING RECESSED City Manager Sanford read a letter from the applicant requesting a continuance of the public hearing until January 22. Mayor Brown opened the Public Hearing and called for anyone wishing to speak to come forward. No one wished to speak. Mayor, Pro Tem Johnson moved, seconded by Councilman Wood, to recess the Public Hearing to the January 22 Council meeting. Motion carried 6-0. *11. PS 95-39 REQUEST OF ROBERT MCCAULEY AND STEVEN HESTER FOR REPLA T OF LOT 3 AND 4, BLOCK 2, WALKER BRANCH ADDITION (LOCATED AT 8851 GRAPEVINE HIGHWAY) APPROVED 12. GN 95-150 CONSIDERATION OF A REQUEST TO CHANGE THE NAME OF PARKMAN DRIVE TO ROGERS DRIVE _ ORDINANCE NO. 2090 (POSTPONED AT THE DECEMBER 11,1995 COUNCIL MEETING) APPROVED Councilman Garvin moved, seconded by Councilman Sibbet, to deny Ordinance No. 2090. . . e January 8, 1996 Page 5 Mr. Charles Rogers, 6416 Parkman Drive, appeared before the Council. Mr. Rogers spoke in favor of changing the name. Mr. Rogers advised they were the only residents living on the street. Ms. Faye Rogers, 6416 Parkman Drive, asked Council to consider approving the request. Mr. Ray Sampson, 5515 Woodview, asked if there was still a Parkman residing in the area and Council should consider both sides of the issue. Councilman Garvin asked Mr. Rogers if he owned all of the property on the west side of the street. Mr. Rogers advised Council of the lots he owned. Councilman Garvin withdrew his motion. Mayor Pro Tem Johnson moved, seconded by Councilman Wood, to approve Ordinance No. 2090. Motion carried 6-0. *13. GN 96-01 QUIT CLAIM DEED TO STATE- RESOLUTION NO. 96-01 APPROVED *14. GN 96-02 CLARIFYING POWER OF CERTAIN BOARDS _ ORDINANCE NO. 2092 APPROVED 15. GN 96-03 ACCEPT BUDGET AND SET BUDGET HEARING FOR CRIME CONTROL AND PREVENTION DISTRICT APPROVED Councilman Sibbet moved, seconded by Councilman Welch, to approve GN 96-03. Motion carried 6-0. 16. GN 96-04 AMENDING FRANCHISE AGREEMENT WITH LAIDLAW WASTE SYSTEMS AND GRANTING RATE INCREASE- ORDINANCE NO. 2096 APPROVED · e e January 8, 1996 Page 6 City Manager Sanford explained why the ordinance was being amended and staff's recommendations. Mr. Charles Cole, 6125 Riviera, appeared before the Council. Mr. Cole was opposed to Laidlaw being granted a rate increase. Mr. Doug Rivers, 6100 Elliott Reeder Road, representing Laidlaw, appeared before the Council. Mr. Rivers explained why they were requesting a rate increase and requested Council to take favorable action on the request. Mr. Russell Mitchell, 7800 Old Hickory, appeared before the Council. Mr. Mitchell questioned why the City shouldn't pursue competitive bids for garbage service rather than grant a rate increase. Councilman Wood explained that the contract was not being renegotiated and that Laidlaw has the right under the contract to request rate increases based on certain stipulated reasons. Mr. Ray Sampson, 5513 Woodview, appeared before the Council. Mr. Sampson stated that not every resident participated in recycling but Laidlaw received money regardless. Mr. Sampson stated the recycling bin was not large enough. Mr. Joe Noorlag, Market General Manager for Laidlaw, appeared before the Council. Mr. Noorlag stated Laidlaw would pick up recyclables in cardboard boxes or brown paper sacks. Mr. Noorlag stated he thought Laidlaw's rates would be found to be very competitive. Councilman Oujesky advised he was abstaining from voting because his law firm represents Laidlaw. Councilman Garvin moved, seconded by Mayor Pro Tem Johnson, to approve Ordinance No. 2096. Motion carried 5-0; Councilman Oujesky abstaining. *17. GN 96-05 PART-TIME SHELTER ATTENDANT APPROVED *18. GN 96-06 PROFESSIONAL SERVICES CONTRACT - GIRLS FAST PITCH SOFTBALL COMPLEX APPROVED *19. PU 96-01 AWARD BID FOR GIS COLOR PLOTTER APPROVED January 8, 1996 Page 7 . *20. PU 96-02 AWARD CONTRACT FOR LONG DISTANCE SERVICE APPROVED *21. PU 96-03 APPROVE CONTRACT WITH SIEMENS ROLM FOR TELEPHONE PBX MAINTENANCE APPROVED *22. PU 96-04 AWARD BID FOR MODULAR FURNITURE FOR THE PLANNING AND INSPECTIONS DEPARTMENT APPROVED *23. PW 96-01 AWARD OF BID ON HARMON SON ROAD PAVING, DRAINAGE AND UTILITY IMPROVEMENTS APPROVED . *24. PW 96-02 APPROVE BUDGET REVISION FOR NOR'EAST DRIVE STORM DRAIN EXTENSION APPROVED *25. PW 96-03 APPROVE SUPPLEMENTAL AGREEMENT NO.1 WITH THE STATE OF TEXAS FOR THE RECONSTRUCTION OF RUFE SNOW DRIVE FROM IH 820 TO WATAUGA ROAD- RESOLUTION NO. 96-02 APPROVED *26. PAY 96-01 AUTHORIZE PAYMENT TO MOTOROLA FOR MAINTENANCE AGREEMENT - RESOLUTION NO. 96-03 APPROVED e *27. PAY 96-02 RATIFY PAYMENT TO WORTH BUSINESS FORMS FOR PRINTING OF BUDGET BOOKS AND CAPITAL BUDGET REPORT APPROVED 28. CITIZENS PRESENTATION January 8, 1996 Page 8 . Mr. Mike Dean, 6725 Hewitt, appeared before the Council. Mr. Dean requested Council to consider approving staff's recommendations for drainage improvements to Hewitt. Mayor Brown advised that an item would be placed on the January 22 Council agenda recommending the changes proposed by staff. Ms. Patsy Johnson, Ward Furniture, 3808 Rufe Snow, appeared before the Council. Ms. Johnson stated that at the previous Council meeting, Council advised her that the City Manager would be in contact with her. City Manager Sanford apologized that she had not been contacted and advised her to contact his office for an appointment this week. Mr. Russell Ward, 3808 Rufe Snow, appeared before the Council. Mr. Ward stated that their business had been shut down from October to November 15. Mayor Brown advised that the City Manager would check into their problem tomorrow. Mr. Ray Sampson, 5515 Woodview, appeared before the Council with questions about . Council meeting procedures. Mrs. Sampson, 5515 Woodview, appeared before the Council with a recycling problem. Mrs. Sampson was directed to Mr. Doug Rivers, Laidlaw representative. Mayor Pro Tem Johnson expressed concerns about the Council meeting. Mayor Pro Tem Johnson expressed concern about misleading information pertaining to agenda items. 29. ADJOURNMENT Mayor Brown adjourned the meeting. Tommy Brown - Mayor ATTEST: e Patricia Hutson - Assistant City Secretary . . . - J MINUTES OF THE BEAUTIFICATION COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL CHAMBERS, CITY HALL, 7301 NORTHEAST LOOP 820 OCTOBER 17, 1995 ATTENDANCE Present: Deloris Pultz Emily Ward Jeanne Lueck Patsy Tucker Billie Sommermeyer Jane Dunkelberg Glenn Nerwin STAFF Tim Hightshoe Sandra Miller ~ Absent: Phyllis Creecy Chairperson Vice Chairperson Commission Member Commission Member Commission Member Commission Member Alternate Commission Member Parks Superintendent Secretary Commission Member 1. CALL TO ORDER Ms. Pultz called the meeting to order October 17, 1995 at 7:01 p.m. 2. APPROVAL OF THE MINUTES Mrs. Sommermeyer made a motion, seconded by Ms. Lueck, to approve the minutes of the September 19, 1995 Beautification Commission meeting. Motion carried 7 _ O. 3. ADOPT -A-SPOT SIGNAGE Ms. Pultz suggested for the Commission to vote on new Adopt-A-Spot signage. Ms. Tucker made a motion, seconded by Ms. Dunkelberg. Motion carried 7 _ O. The new signs will read as follows: 24 x 18 Green with White Letters (Daisey Graphics North Richland Hills Beautification Commission This Spot Adopted By: Name of Individual (Peel Off Letters) ~ Bids were obtained from 3 different sign companies and were discussed. Ms. Pultz recommended that the Commission keep the business in North Richland Hills and proceed with the bid that has donated to the Commission on other occasions. Ms. Lueck made a motion, seconded by Ms. Ward for the signs to be purchased from Fast Signs. Motion carried 7 - O. Mr. Hightshoe is to place the initial order for 8-9 signs. L . 4. YARD OF THE MONTH JUDGE APPRECIATION Ms. Pultz suggested an appreciation dinner for the Yard of the Month judges and spouses on Thursday, November 2, 1995 at 7:00 p.m at Ernie's Restaurant. Ms. Ward made a motion, seconded by Ms. Tucker in approval for the suggested date and time. Motion carried 7 - O. Ms. Pultz will provide Ms. Miller with the mailing list and confirmation of the date and time. 5. STAFF REPORTS Mr. Hightshoe distributed a mulch pamphlet for the Commission to review for citizen awareness. Ms. Pam Burney from Environmental Services held discussion on Texas Recycles Day on November 15, 1995 from 3:00 - 6:00 p.m. in the parking lot of Home Depot in North Richland Hills. She stated that Home Depot has offered to contribute a Master Gardener, Master Composter and a wide variety of demonstrations inside the store for . this event. Laidlaw is to furnish a dumpster and recycle truck all week long for contractors as well as individuals to bring recyclable waste materials and Chief Auto Parts will participate with an oil recycling bin. There will be a can smash, which is a timed event for the children and Sak-N-Save is to donate grocery bags. An ad will be placed in the local newspapers and Home Depot has agreed to advertise the event free of charge. Ms. Pultz stated that the Commission would assist by volunteering and set up a display on Hazardous Household Waste in the parking lot. A flyer is being sent to North Richland Elementary Schools with the Beautification Commission logo. The flyer will have a pledge card to complete and return by noon on November 13th to attempt more citizen participation. Ms. Dunkelberg will coordinate with Ms. Burney on specifics for the event. Mr. Nerwin attended a seminar in Waco in Natural Grasses which will be instrumental in our City parks. Mr. Nerwin mentioned that on November 18, 1995 grasses would be planted in the eroded areas of the 100-Acre Park site. He also requested help and suggestions for vegetation at Green Valley Soccer Complex at the back of the site, where a 16 foot slope exists between the grass and the water. Ms. Pultz reminded the Commission of the NRH 5K Dash for the Arts and requested for Commission members to volunteer their services. . - . . . 6. DISCUSSION OF OTHER ITEMS/CITIZEN INPUT Ms. Pultz reminded the Commission of date changes for November. The regular scheduled meeting for November 14th will be the same at 7:00 p.m. but the workshop will be held on November 21st at the Richland Hills Community Center. 7. ADJOURNMENT Ms. Pultz adjourned the meeting at 8:20 p.m. , CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections - Council Meeting Date: 1/08/96 Subject: Public Hearing to consider the request of HSM Development to rezone Tracts 3, 3A3, 3A4, 3A3A, 3B, 3A3B, and 4A 1; Mann Survey, Abstract 1010, from AG Agriculture to a Planned Development. (Located in the 7000 block of Hightower Drive) Agenda Number: PZ 95-26 Ordinance No. 209.5 This item was tabled by the City Council at its January 8, 1996 meeting. The Public Hearing was recessed at that time. HSM Development is the developer of an 85.55 acre tract of land located in the 7300 block of Hightower Drive, west of Little Ranch Road. The property owner is Billy Graham, who resides on the property. The property is presently zoned AG Agriculture, and the developer has submitted an application to change the zoning classification to a Planned Development with residential uses. The property is 85.55 acres in size. It encompasses an area between Hightower Drive and Chapman Drive, west of the Calloway Branch drainage channel. The property will be split into two separate areas by a drainage channel running east and west across the property. The two areas will have separate development conditions and requirements, as follows: Tract I (north of channel) 1. Lots around the perimeter of Tract I that have no alleys will be restricted to a maximum of one front entry garage per every four lots. The other three lots must provide front-swing, side or rear entry garages. 2. Typical lots with alleys will be 65' x 125' or a minimum of 8,000 square foot lots. 3. Typical lots without alleys will be 70' x 125' or a minimum of 8,500 square foot lots. 4. All houses will be restricted to a minimum of 2,000 square feet of living area. 5. All lots will have a minimum of 60 feet of width at the building line. 6. Alleys in easements as shown: 15 foot easement with 10 foot pavement. Tract II (south of channel) 1. Typical lots will be 65' x 125' or a minimum of 8,000 square foot lots. 2. All lots may have front entry access. 3. All houses will be restricted to 1,800 square feet of living area. 4. All lots will have a minimum of 60 feet of width at the front building line. The attached zoning exhibit shows a preliminary layout of streets, lots and drainage improvements. Based on the above described restrictions, the property could be subdivided into about 275 lots, resulting in a density of 3.21 dwelling units per acre. For comparison, the R-1 zoning district density is typically 2.9 units per acre, and the R-2 district is 4.0 units per acre. Finance Review Source of Funds: Acct. Number .Bonds (GO/Rev.) Sufficient Funds Available Operating Budget _ Other . -A- n D!~e~ s~n:::'%'W ~ f. '~~ager CITY COUNCIL ACTION ITEM . Ftn.¡nce Qltectot PZ 95-26, Page 2 -The developer also proposes to construct masonry screening walls along this property's frontage on Hightower Drive and Chapman Drive. One lot in the development is proposed as a park, providing access to future hike and bike traifs. A Preliminary Plat of the property will be submitted upon approval of the zoning change. The surrounding land areas are mostly residential in character. The area to the east is zoned R-1-S Special Single Famify Residential and mostly consists of large acreage tracts. The area to the south is zoned R-3 Single Family Residential, and includes the Richfield and North Park Estates subdivisions. The area to the west is zoned C-1 Commercial and is presently vacant. The area to the north is split between several zoning districts: R-7-MF Multi-Famify (vacant), R-4-D Duplex residential, and R-2-1400 Single Family Residential. Foster Village Elementary School is located immediately north of this proposed development. The Master Thoroughfare Plan indicates a proposed C2U Minor Collector street running north/south through this property. The developer's proposed layout does not include this street. The Planning and Zoning Commission recommended that a collector type street. with a 50-foot right-of-way. be required through this development to connect Hightower Drive and Chapman Drive. The Commission also required that this collector street be constructed in a curvilinear fashion. In a 1987 survey, the Institute of Transportation Engineers found that, for single famify detached dwelling units, the average number of trips generated on a weekday was 10.1 trips per dwelling unit. A development of 275 lots could generate approximately 2,750 trips per day when fully developed. This property abuts Hightower Drive and Chapman Drive. The portion of Hightower Drive between Rufe Snow Drive and the Calloway Branch channel has been designated for improvement by the Capital Improvements _Ian committee. The developer will be required to construct the portion of Hightower Drive adjacent to this property. Chapman Drive is already improved. The Planning and Zoning Commission considered this zoning change request at its December 19, 1995 meeting and recommended approval subject to the following requirements and modifications: a collector-type street with 50-feet of right-of-way be provided through the development with a curvilinear design; more cul-de- sac lots be shown in Tract II (south); the lots in Tract II (south) be a minimum of 7,000 square feet with an average lot size of 7,700 square feet; the four access points to the hike and bike trail be shown on the preliminary plat; the front building lines be 25-feet; the rear building lines be 15-feet on lots without alleys; the rear buifding lines be 20-feet on lots with alleys; the side building lines be 5 feet on all lots; a 20% rear yard open space be required; and no front entry garages be allowed on the collector street. RECOMMENDATION: It is recommended that the City Council hold the required Public Hearing and consider the recommendation of the Planning and Zoning Commission. . PZ Minutes - Page 5 December 19, 1995 . . 5. PZ 95-26 . Mr. MacDougall asked how many bedrooms were in the house. Mr. Bourland stated four. Mr. Baxter stated the regulatory atmosphere has reached a point to where cities cannot pr exclude these types of uses in neighborhoods. He stated that is why there is a one-hal distance requirement between facilities. Mr. Mike Chaney, 5544 Shady Meadow, came forward to speak. nursing home in his neighborhood. Ms. Margaret McCarley, 5600 Havana Drive, came forward to speak. the request. She stated her concerns about increased traffic in the a There being no one else wishing to speak, Chairman Barfield c Mr. Davis made the motion to approve PZ 95-25, subject to accommodate extra cars. The motion was seconde circular driveway being constructed Mr. Baxter. Mr. Lueck stated his is not convinced there is or w' e a traffic problem in the area. Mr. Davis stated most of the traffic comes fro Aires. e high school down Meadow Oak to Buenos Mr. Miller stated if had more insight i time, he might be in favor of a circ how many cars will sit at this property for long periods of driveway. Chairman Barfield stated the wheelchairs. way is too narrow to accommodate persons with crutches or in ion regarding the off-street parking issue. ariveway could be expanded to the property line to accommodate more cars. that the goal is to prevent the house from looking any different from the others in ood. He stated he would be opposed to making the driveway look like a parking lot. k stated they could reduce the requirement to three off-street parking spaces. . Davis amended his original motion to approve PZ 95-25, subject to providing space for three 6-0. Public Hearing to consider the request of HSM Development to rezone Tracts 3, 3A3, 3A4, 3A3A, 3B, 3A3B, 3D and 4A 1; Man Survey, Abstract 1010, from AG Agriculture to a Planned Development. (Located in the 7000 block of Hightower Drive) Mr. LeBaron stated the property in question is 85 acres in size. He stated the owner is requesting a Planned Development to accommodate residential uses. He stated the property would be split into two different areas with difierent restrictions, but only single family development would be allowed. He stated some lots would allow front entry access, and others would have alley access. Mr. LeBaron stated that the lots are generally R-2 type lots with R-1 type housing. He stated that building setbacks and rear yard open space need to be addressed. Chairman Barfield opened the Public Hearing and called for anyone wishing to speak in favor of the request to come forward at this time. Mr. Don Plunk, HSM Development, 5001 Spring Valley Road, Dallas, came forward to speak. He stated he is president of the development group. He stated they are requesting rezoning from PZ Minutes - Page 6 December 19,1995 agriculture to a planned development district. He stated they are requesting a planned development district because their proposal does not fit neatly into an existing zoning district. Mr Plunk described the proposed regulations. He stated that drainage patterns are one of the most pressing concerns with the proposed development. He stated a part of this development will take water from the north and divert it to the Calloway Branch channel. Mr. Plunk stated the development will provide access to the hike and bike trail, and provide a private community center for residents of the development. He stated 15 % of the lots in tract one cou Id have front entry access. He stated the density of the development is lower than the R-2 district. Mr. Plunk requested that the front building line be 25-feet, the rear building line be 15-feet on lots without alleys, the rear building line be 20-feet on lots with alleys, the side building lines be six feet, and that a 20% rear yard open space be required. He stated their development plan does not include a direct through street because of the number of lots facing the street. He stated circulation is provided through the area, but not a direct street. Mr. Plunk stated the development plan meets the concerns of the City Council from a previous meeting. He stated they are competing in a market with Watauga and south Keller. He requested approval of the request. There being no one else wishing to speak in favor of the request, Chairman Barfield asked for those wishing to speak in opposition to the request to come forward at this time. Mr. Jerrell Stout, 7216 Chapman Drive, came forward to speak. He asked if there were plans to improve the drainage channel at Chapman Drive. Mr. Plunk stated no, the channel has already been designed for future development upstream. Mr. Stout stated his concerns about the ability of the channel to accommodate additional water. Mr. Davis stated the city has plans to expand the Calloway Branch channel. He stated the developer is taking the water to a recognized watercourse as required by the city. He stated the city is responsible for designing a channel that has the capacity to carry the water being fed into the channel. Mr. Steve Lane, 6848 Megan Lane, came forward to speak. He asked if the land would be graded evenly with his property. He stated the land is already higher than his rear yard. Mr. Davis stated there will most likely be some grading. Mr. Lane asked if there is a bridge proposed from the Richfield neighborhood to provide access for children to walk to school. Mr. Plunk stated they will be dedicating additional right-of-way for the expar.sion of the Calloway Branch drainage channel. There being no one else wishing to speak, Chairman Barfield closed the Public Hearing. Mr. Lueck stated his concern about front entry garages. He stated Little Ranch Road probably cannot carry any more traffic. He stated there is a need for a north/south road in this area. Mr. Plunk stated this development would not put any more traffic on Little Ranch Road since it provides direct access to Hightower Drive and Chapman Drive. Mr. Baxter stated his concern about the need for another collector street. He stated the connection to the trail systems is an asset to this development and to the city. Chairman Barfield stated that collector streets are needed in this area. He stated he has no probler.. with the front entry garages if they were set back from the building line. Mr. Davis asked how wide a C2U right-of-way is. PZ Minutes - Page 7 December 19,1995 . 6. PS 95-38 . 7. PS 95-39 8. PS 95-44 . Mr. LeBaron stated 60-feet of right-of-way and 41-feet of pavement. Mr. Plunk stated his major concern is a visible straight shot between Hightower and Chapman. Mr. Davis stated they could split the street in widths of rights-of-way from north to south. Mr. Baxter stated a more curved street would be a better solution. Mr. Plunk stated there will be lots fronting on this through street. He stated the lots in the south end may need to be 7,000 square feet to accommodate cul-de-sacs to keep lots from fronting a collector street. Mr. Davis made the motion to approve Pl 95-26 subject to the following requirements: a collector-type street with 60-feet of right-of-way be provided through the development with a curvilinear design; more cul-de-sac lots be shown in Tract II (south); the lots in Tract II be a minimum of 7,000 square feet with an average lot size of 7,700 square feet; the four access points to the hike and bike trail be shown on the preliminary plat; the front building lines be 25-feet; the rear building lines be 15-feet on lots without alleys; the rear building lines be 20-feet on lots with alleys; the side building lines be 6 feet on all lots; a 20% rear yard open space be required; and no front entry garages be allowed on the collector street. The motion was seconded by Mr. Miller. The motion carried 6-0. ed at ortheast corner of Smithfield Road and North Tarrant Parkway) Mr. Le on stated this is a 44-acre tract of land zoned R-2 single family. He stated the developer has agree all comments except for one street intersection that does not meet the criteria. Mr. Davis stat he Commission should not enforce the provisions the Little Bear Creek corridor ordinance for thi at since it was submitted prior to that being adopted. Mr. Lueck asked that involved in the develop minutes reflect the Commission's concern since was not notified or t or approval of the flood plain ordinance for Little Bear Creek. Mr. Davis made the motion t prove PS 95-38 subject to engineers comments, with the waiver of the street intersection. The 'on was seconded by Mr. Lueck. The motion carried 5-0, with Ms. Spicer abstaining due to finan I involvement in the property. Request of Robert McCauley and Steven ster for Replat of Lots 3 and 4, Block 2, Walker Branch Addition. (Located at 8851 Grapevine HigH y) Mr. Baxter made the motion to approve PS 95- was seconded by Ms. Spicer. The motion carried The motion Request of Pack Properties for Preliminary Plat of Five St ord Addition. (Located at the southwest corner of Rufe Snow Drive and NE Loop 820) Mr. LeBaron stated this is a 19 acre tract zoned C-2 Commercia d 1-2 Medium Industrial. He stated the only issue involves sewer service to a small lot at the no west corner. He stated if approved as proposed, the lot will not have sewer service. Mr. Davis asked if the developer would agree to a note on the plat to not permits on Lot 5 until all utility services have been provided. ORDINANCE NO. 2095 AN ORDINANCE BY THE CITY OF NORTH RICH LAND HILLS, TEXAS, AMENDING ORDINANCE NUMBER 1874, THE COMPREHENSIVE ZONING ORDINANCE, TO ESTABLISH PLANNED DEVELOPMENT DISTRICT NUMBER TWENTY-ONE (21); PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has received a request for a zoning district change to a Planned Development; and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 and the Official Zoning Map by rezoning certain property as set forth herein; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Planned Development District Number Twenty-One (21) be hereby established in the Case Number PZ 95-26, on the following described property: BEING a tract of land out of the William Mann Survey, Abstract No. 1010, Tarrant County, Texas, being a portion of a 37.001 acre tract of land described in a deed to Billy J. Graham and wife Ernestine Graham by deed recorded in Volume 4204, Pogo 116, Deed Records, Tarrant County, Texas and portion of a 47.254 acre tract of land described in a deed to Billy J. Graham and wife Ernestine Graham by deed recorded in Volume 7627, Page 292, Deed Records, Tarrant County, Texas, and all of a tract of land described in a deed to Anita Hall and Michael Franklin Hall recorded in Volume 5859, Page 550, Deed Records, Tarrant County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at a point in Hightower Drive for the northwest comer of the said 37.001 acre Graham tract, being by deed call in the south line of the J. Condra Survey, Abstract No. 311 and in the north line of the said William Mann Survey, THENCE South 89 degrees 45 minutes East, 512 feet along Hightower Drive to a point for the northwest corner of a 3.0 acre tract of land described in a deed to Billy J. Graham and wife Ernestine Graham by deed recorded in Volume 4204, Page 114, Deed Records, Tarrant County, Texas; THENCE South 89 degrees 51 minutes 25 seconds East, 208 feet along the south line of Hightower Drive to an angle point; THENCE South 89 degrees 58 minutes 42 seconds East, at 175.42 feet passing the northwest corner of said Hall Tract, at 384.13 feet passing the northeast corner of said Hall Tract and the northwest corner of a tract of land described in a deed to Billy J. Graham and wife Ernestine Graham by deed recorded in Volume 7392, Page 101, Deed Records, Tarrant County, Texas, in all 547.21 feet to a point in Hightower Drive for the northeast corner of the 1.63 acre Graham tract and the northwest corner of a tract of land described in a deed to J.W. Bailey and wife, Barbara Bailey recorded in Volume 5359, Page 554 and Volume 5923, Page 321, Deed Records, Tarrant County, Texas; THENCE South 00 degrees 03 minutes 20 seconds West, at 30.0 feet passing a 1/2-inch rebar rod set in the south line of Hightower Drive, in all 378.88 feet to a 1/2-inch rebar rod found for the southwest corner of the said Bailey tract; THENCE South 89 degrees 50 minutes 19 seconds East, 226.06 feet along the south line of the Bailey tract to a 1/2- inch rebar rod found for its southeast corner, THENCE North 01 degrees 41 minutes 49 seconds East, at 345.82 feet passing a 1/2-inch rebar rod set in the south line of Hightower Drive, in all 375.82 feet to a point for the northeast corner of the Bailey tract; . . . THENCE North 89 degrees 54 minutes 15 seconds East, 19.91 feet to a point for the northwest corner of a tract of land described in a deed to Walter Charles Williamson and Debra Denae Williamson recorded in Volume 10378, Page 1915, Deed Records, Tarrant County, Texas; THENCE South 01 degrees 41 minutes 49 seconds West, at 30.0 feet passing a 1/2-inch rebar rod set in the south line of Hightower Drive, in all 375.80 feet to a fence post for the southwest corner of the said Bailey tract; THENCE North 89 degrees 51 minutes 27 seconds East. 151.0 feet to a 1/2-inch rebar rod found for the southeast corner of the said Bailey tract; THENCE North 02 degrees 36 minutes 58 seconds East, at 345.25 feet passing the south line of Hightower Drive, at 354.98 feet passing a 1/2-inch rebar rod found, in all 375.25 feet to a point for the northeast corner of the Bailey tract; THENCE North 89 degrees 54 minutes 15 seconds East, 49.79 feet to a point for the northwest corner of a tract of land described in a deed to Ezra E. Bland and wife, Amma Bland recorded in Volume 4777, Page 499, Deed Records, Tarrant County, Texas; THENCE South 02 degrees 36 minutes 58 seconds West, at 20.27 feet passing a 1/2-inch rebar rod found, at 30.0 feet passing the approximate south line of Hightower Drive, in all 374.50 feet to a 1/2-inch pipe found for the southwest corner of the said Bland tract; THENCE South 89 degrees 50 minutes 19 seconds East, at 311.5 feet passing the southeast corner of the Bland tract and the southwest corner of a tract of land described in a deed to A. Hubert Hawkins recorded in Volume 8903, Page 566, Deed Records, Tarrant County, Texas, in all 544.64 feet to a 1/4-inch rebar rod found for the southeast corner of the Hawkins tract being in the west line of Morgan Meadows Addition to the City of North Richland Hills according to the plat recorded in Volume 388-13, Page 50, Plat Records, Tarrant County, Texas; THENCE South 00 degrees 05 minutes 46 seconds East, 1568.77 feet along the east line of Morgan Meadows Addition to a 1/2-inch rebar rod found for the northeast corner of a tract of land described in a deed to Jerry R. Winters and wife Shirley G. Winters recorded in Volume 6550, Page 882, Deed Records, Tarrant County, Texas; THENCE South 89 degrees 18 minutes 10 seconds West, 199.78 feet to a 1/2-inch rebar rod found for the northwest corner of the Winters tract; THENCE South 00 degrees 04 minutes 58 seconds East, 519.91 feet along the west line of the Winters tract to a 1/2- inch rebar rod found for the northeast corner of a tract of land described in a deed to T. Jeff Graham and wife, Vickie D. Graham recorded in Volume 7825, Page 579, Deed Records, Tarrant County, Texas; THENCE South 89 degrees 15 minutes 54 seconds West, 300.0 feet to a 1/2-inch rebar rod set for the northwest corner of the T. Jeff Graham tract; THENCE South 00 degrees 15 minutes East, 168.03 feet along the west line of the T. Jeff Graham tract to a 1/2-inch rebar rod set in the north line of Chapman Drive for the northeast corner of a tract of land described in deed to the City of North Rich/and Hills recorded in Volume 8120, Page 1710, Deed Records, Tarrant County, Texas; THENCE South 89 degrees 47 minutes West, 449.17 feet along the north line of Chapman Drive and the north line of the North Richland Hills tract to an 'X' cut in concrete found for the northwest corner of the North Richland Hills tract and the southeast corner of Lot 1, Block 1, Richfield Subdivision, an Addition to the City of North Rich/and Hills, Tarrant County, Texas, according to the plat recorded in Volume 388-169, Page 18, Plat Records, Tarrant County, Texas; THENCE North 00 degrees 09 minutes 54 seconds West, 1302 feet along the east line of Block 1 of said Richfield Subdivision to a 1/2-inch rebar rod set for the northeast corner of Lot 18, Block 1; THENCE West (base bearing by deed in Vol. 4204, Page 116, D.R.T.C.Tx.). 1306.59 feet to 1/2-inch rebar rod settor the northwest corner of Lot 27, Block 6, Richfield Subdivision, being the southeast corner of a tract of land described in a deed to HKEM#2 - Tom Ellis & Ted Pittman by deed recorded in Volume 7861, Page 915, Deed Records, Tarrant County, Texas; Ordinance No, 2095 Page 2 THENCE North 00 degrees 08 minutes West, at 1320.21 feet passing a 1/2-inch rebar rod set for the northeast corner of the said HKEM#2 tract, in all 1345.0 feet to the POINT OF BEGINNING and containing 85.55 acres of land, more or less. This property is located in the 7000 block of Hightower Drive, west of Little Ranch Road. 2. THAT, the development regulations for Planned Development District Number Twenty-One (21) shall be as follows: 1. Purpose: Planned Development District Number Twenty-One is intended to provide for single family detached residential dwelling units. 2. Permitted Uses: Single family detached dwelling units, community center, and park land. 3. Subdivision Design Criteria: A collector-type street with a 60-foot right-of-way shall be provided through this development, connecting Hightower Drive and Chapman Drive. The street shall be designed in a curvilinear fashion. The general layout of Tract II (south of the proposed drainage channel) shall consist of as many cul-de-sacs as feasible in order to keep the number of lots fronting on the collector street to a minimum. 4. Development Restrictions: Planned Development Number 29 shall be divided into two distinct development areas. Tract I shall be the area north of the proposed drainage channel shown on the Site Plan. Tract II shall be the area south of the proposed drainage channel shown on the Site Plan. The following development restrictions shall apply to Tract I: A. Lot and Area Requirements Minimum Lot Area: Lots with alleys 8,000 square feet Lots without alleys 8,500 square feet Minimum Lot Width Lots with alleys 65 feet Lots without alleys 70 feet Minimum Lot Depth: 125 feet Minimum Front Building Line: 25 feet Minimum Side Building Line: 6 feet Minimum Rear Building Line: Lots with alleys 20 feet Lots without alleys 1 0 feet Minimum Dwelling Unit Size: 2,000 square feet Maximum Structure Height: 38 feet Rear Yard Open Space Area: A minimum of 20% of the total lot area shall be reserved as an open space in the rear portion of every yard. The open space shall extend from one side property line to another side property line, abutting the rear property line, and not protruding beyond the two most extreme corners of the main structure. No part of the residential building and/or dwelling unit may be constructed so as to occupy any portion of the open space rear yard. B. Fences: As required by Article 9, Section 910, Walls and Fences, Ordinance No. 1874, as amended. Ordinance No, 2095 Page 3 C. Parking: Off-street parking space shall be provided on the lots to accommodate four cars for each dwelling unit. At least two of such spaces shall be covered; however, no supporting member of any garage, carport or other automobile storage structure shall be located within the required front building line. . D. Accessory Buildings: As allowed by Article 6, Sections 600 F & G, Ordinance No. 1874, as amended. E. Garage Entry Requirements: Lots around the perimeter of Tract I that do not have alleys shall be restricted to a maximum of one front entry garage per every four lots. The remaining three lots shall have front-swing, side or rear entry garages. Lots with alleys shall be restricted to rear-entry garage access. F. Masonry Requirement: The exterior wall surface, as viewed from each primary elevation, of all permanent structures constructed in Planned Development Number 29 shall consist of at least seventy-five percent brick, stone, or if approved by the City Council, other masonry or materials of equal characteristics. For the purposes of this requirement, the exterior wall surface shall be defined as the area between the wall corners extending from the top of the foundation up to the door or window header height of the first floor, whichever is greater. The area of door and window openings shall not be included in the calculation of this requirement. The following development restrictions shall apply to Tract II: A Lot and Area Requirements Minimum Lot Area: 7,000 square feet; however, the average lot size of all lots in Tract II shall be at least 7,700 square feet Minimum Lot Width 65 feet Minimum Lot Depth: 125 feet Minimum Front Building Line: 25 feet Minimum Side Building Line: 6 feet Minimum Rear Building Line: 1 0 feet Minimum Dwelling Unit Size: 1,800 square feet Maximum Structure Height: 38 feet Rear Yard Open Space Area: A minimum of 20% of the total lot area shall be reserved as an open space in the rear portion of every yard. The open space shall extend from one side property line to another side property line, abutting the rear property line, and not protruding beyond the two most extreme corners of the main structure. No part of the residential building and/or dwelling unit may be constructed so as to occupy any portion of the open space rear yard. . B. Fences: As required by Article 9, Section 910, Walls and Fences, Ordinance No. 1874, as amended. C. Parking: Off-street parking space shall be provided on the lots to accommodate four cars for each dwelling unit. At least two of such spaces shall be covered; however, no supporting member of any garage, carport or other automobile storage structure shall be located within the required front building line. D. Accessory Buildings: As allowed by Article 6, Sections 600 F & G, Ordinance No. 1874, as amended. E. Garage Entry Requirements: All lots in Tract II may be allowed front-entry garage access. However, lots facing the collector street shall not have front entry garage access. . F. Masonry Requirement: The exterior wall surface, as viewed from each primary elevation, of all permanent structures constructed in Planned Development Number 29 shall consist of at least seventy-five percent brick, stone, or if approved by the City Council, other masonry or materials of equal characteristics. For the purposes of this requirement, the exterior wall surface shall be defined as the area between the wall corners extending from the top of the foundation up to the door or window header height of the first floor, whichever is greater. The area of door and window openings shall not be included in the calculation of this requirement. 5. Alleys: All alleys shall be constructed within a 15-foot easement located at the rear of the lots. The alley shall consist of 1 a-feet of pavement constructed to street standards as required by the Public Works Design Manual. Ordinance No, 2095 Page 4 6. Hike and Bike Trail Access: Four access points to the proposed hike and bike trail along Canoway Branch shan be shown on the preliminary and final plats. 3. THAT, the Official Zoning Map be redrawn to incorporate this zoning district boundary amendment and the herein described ordinance number be affixed to the property described herein. 4. THAT, an the regulations contained in the Zoning Ordinance Number 1874, as amended, which are not in conflict with the terms of this Planned Development District Number Twenty-Nine (29), shan remain in effect regarding this property. 5. 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 shan be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shan 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. 6. SAVINGS CLAUSE. That Ordinance Number 1874, the Comprehensive Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shan remain in fun force and effect, save and except as amended by this ordinance. 7. EFFECTIVE DATE. This ordinance shan be in fun force from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 19th DAY OF DECEMBER, 1995. ß:l·//J/ ~ / (/ØV??/~~~7:l-, , Secretary, Planning and Zoning Commission ~~:", --~"'--, )..-- _.------i.-.~ -' ,~) ....-.--..-. , . ~'-- ........- Chairman, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 8th DAY OF JANUARY 1996. Ordinance No, 2095 Page 5 . ATTEST: Mayor, City of North Richland Hills, Texas City Secretary City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY: Attorney for the City . . Ordinance No. 2095 Page 6 Zoning Case Review Fact Sheet Case No. PZ 95-26 PUBLIC HEARING DATES: Planning and Zoning Commission: December 14, 1995 City Council: January 8, 1996 REQUEST: AG Agriculture to PD Planned Development APPLICANT: HSM Development, Dallas TX PROPERTY OWNER: Billy Graham, North Richland Hills TX SIZE AND LOCATION: Approximately 85.50 acres located in the 7000 block of Hightower Drive, west of Little Ranch Road. SITE CHARACTERISTICS: Existing house and accessory buildings. Very few trees. Existing ponds located in the northwest and south portions of the property. Property generally slopes to the south. PROPOSED USE: Single family residences ALLOWED USE: Planned Development uses are stated in the adopting ordinance. ADJACENT ZONING/LAND USES North South East West R-7-MF, R-4-D, and R-2-1400: existing duplexes, single family residences and school R-3-1500 and R-3: existing single family residences R-1-S: existing single family residences and acreage tracts C-1: vacant commercial property DRAINAGE Flood Insurance Rate Maps indicate that the south portion of the property lies within both the 100-year and 500-year flood plains. THOROUGHFARE PLAN Primary access to this property is from Hightower Drive and Chapman Drive. LAND USE MASTER PLAN The Comprehensive Land Use Master Plan calls for low density single family development in this area. This request is consistent with the plan. 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I"'J~ ." hI".' .., 1....\..'\1)..11 ¡ . nVJ aM~~~ ¡ ~ -f}-Z :g:o ~Q ~c :Ð:-. :!tè ~ ª :n: = ~ c::::I c=:J ·~Q.JUMO . c:::::JemllD:IDm:D[:::::Jt::::Jc::::::Jc:::J nt'J . ,\1 "UI\' I z o :ù ..¡ ;¡: :; > IU".'"".: > c Î » r II' <JtJIJ,'IJ ~ ~ () :t t"' » z tJ ,.; -< r- ¡: :t ~ t"' t"' UJ ,.; ri. Q ..¡ -< ~ ~ ~ . ;:0 C ." m ,nU II". ~ VI Z· O( « o ^' .., aOU/III:lQQ , Please print all responses ,APPLICATION FOR A ZONING DISTRICT CHANGE OTY OF NOFrT>i RI01V.NO "'u..s 1 7J01 ..., E. lOOP !\Z] NORTH ~ HILLS, TEXAS 7~lðO S17·Sð1·S515 PART 1. APPLICANT INFORMATION ,.......E CF ...PPUC~T I.AG¿NT: HSM Development, Inc. - Don Plunk, President S7;:¡¿:, .ADORESS OF ,APPUCANT: 1100 Providence Towers West - 5001 Spring Valley Road I T¿I.£PHONE NtJ"'SER OF IoPf'VCANT: 214/419-4054 OT.,. I ST ... T:E I ZIP OF ",p,"UC.AHT: Dallas, Texas 75244 PART 2. PROPERTY OWNER INFORMATION N...""¿ OF PI:¡OPE;:¡ry OWNEi'I: Billv and Ernestine Graham S7RE:I.ADORESSOFPRCPERTYOWNER: 5020 Mark IV Parkway aT'! IST.A TiE I ZIP OF PROPEFTY O_éR: I rELlEPHONlE NUMBiEfI 01' PROPERTY OWN¿i'I: 817/626-4435 Fort Worth, Texas 76106 I.£';;.AI. CESCRIPTION OF PROPERTY WHERE ZONlHG OISTFlJCõ CH,ANG¿ IS BEING i'lEOUESTEO: 85.0 Acre Tr:ct - W. Mann Survey, Abst. 1010 S7RE:, .ADDRESS... T lOC'" TlON Wl-f!Ei'lE ZONING OISTRlÇ cr<...NG¿ IS BEING R¿OUES7¿ù' No Address PART 3. DESCRIPTION OF REQUEST C1.ilREKr ZONING: Agriculture I PROPOSE.DZOHHG: I PROPOSéD USE OF PRCJPC..rrTY: Plan -Development Single-Family Residential ¡'l:,J.SON FOR CHANGE: Provide for the construction of single-family housing units. ŒJ YES ONO , ...TT...o;,AFFI(),A lIfT FROIJPROPE¡;¡'Y DWNEFlIF ",pf'UC,ANT' IS NOT QwIoER' ~m CJNO SU~y OA MAP ..rr"CHEC:),I.S RéOUlREDBY THlSFOFW- / .¡ereoy certify that the above informacion is correct to ttle Dest of my Í(nowle~. o~r=: I(-/?-~~ r; \ Your Name (printed) IJf)A) ~VÞJ)C- Signature y~ PART 4. OFFICE USE ONL Y ~ .1 : ;)....$:.:= .-;":';;,NC ;~ ~ = I ~ J.XES ~,,1JO' 0 r:s DNo I UENS P,J.IO" o y=s DNO I ,ASSESSMEWTS PAID' DYES DNO OJ,. ==UflCjL. ...,é,J.RIIVG O,J. iE 2C"'NG CISTRIC7 CH,ANGE ..PROVED: c:J YES c:J NO CAO, NO, Sl 'P'_U TrONS, - - ZONING DISTRICT CHANGE Paç. I of 2 (l~ I ~"Sé NI:MSE,:¡ FE: s:Ja1 00 Tns KIC*CoIOO1.... to o.~" tot guoc n..nr"q""" .... .ac:oc.IDO'1 I.. IS tw:. wee. CD-044 «(.9-» . Billy J. Graham & Ernestine Graham 5020 Mark IV Parkway Fort Worth, TX 76106 Phone 817-626-4435 Fax 817-626-2528 November 14, 1995 City of North Richland Hills 7301 NE Loop 820 North Richland Hills, TX 76182 Re: Rezoning of 85 Acres Dear Sir, We own approximately 85 acres of land located in the W. Mann Survey, Abstract 1010 in the city of North Richland Hills. We have been informed that HSM Development, Inc. intends to request a zoning change on this property from agricultural to a planned development single family residential. . This letter evidences our consent for HSM Development, Inc. to request the proposed zoning provided that the conditions of the planned development are as stated on Exhibit A attached hereto with regard to the property described or depicted on Exhibit B attached hereto. We request that the City Council of North Richland Hills not vote on the requested zoning at the first meeting of the City Council at which the requested zoning is considered. Rather, we request that the City Council take public input with regard to the zoning request at that meeting and then, at that meeting, table a vote on the requested zoning to a date not earlier than 30 days after the date of the first meeting. This request to table a vote of the zoning case is made to allow the sale of the subject property to be consumed before the City Council approves the ordinance containing the requested zoning. If you have any questions or need additional information, please do not hesitate to contact us. . CITY OF NORTH RICHLAND HILLS epartment: Planning and Inspections _ Council Meeting Date: 1/22/96 SUbject: RprlIP~t nf MR..I r.nn~tnJr.tinn for Final Plat of Crestwood Agenda Number: PS 95-25 Estates, Phase III. (Located on the east side of Smithfield Road, south of Redwood Court) . M&J Construction is the owner of a 7.97 acre tract of land located on the east side of Smithfield Road, just south of Redwood Court. The developer has submitted a Final Plat of the property for review and consideration by the City Council. The plat would subdivide the property into 23 lots. The following are the issues regarding this Final Plat: 1. The property is presently zoned R-2 Single Family Residential. The R-2 district requires a minimum lot size of 9,000 square feet and a minimum dwelling unit size of 1,800 square feet. The proposed lots appear to meet the minimum requirements of the R-2 district. 2. This property has frontage on Smithfield Road, classified as a C4U Major Collector on the Thoroughfare Plan. The Subdivision Regulations require a masonry screening wall along all residential lots adjacent to a C4U or larger roadway. . 3. Sidewalks are required on each lot as improvements to the lots are made in the future. The sidewalk adjacent to the masonry screening wall must be constructed at the time the wall is built. 4. Due to the minimum spacing requirements of driveways and street intersections, no driveways on Smithfield Road will be allowed on the corner lots of Smithfield Road and Lucian Drive. The developer has addressed all plat and engineering comments. The Planning and Zoning Commission considered this final plat at its January 11, 1996 meeting and recommended approval subject to engineering comments. RECOMMENDA TION: It is recommended that the City Council approve the recommendation of the Planning and Zoning Commission. Finance Review ~ource of Funds: Acct. Number _Bonds (GO!~ev.) _ Sufficient Funds Available gf;;~tingBUi~~g~ ~ cÞ, ~J-l Department Head Signature City Manager CITY COUNCIL ACTION ITEM . F,n.ance QHeCfOI . MINUTES FOR THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HillS, TEXAS JANUARY 11, 1996 - 7:30 p.m. CAll TO ORDER The meeting was called to order by Chairman David Barfield at 7:30 p.m. INSTALLATION OF NEW MEMBER Mr. Charles Owen took the oath of office as a member of the Planning and Zoning Commission and the Capital Improvements Advisory Committee. ROll CAll PRESENT Chairman Members David Barfield Richard Davis Victor Baxter Paul Miller Ron Lueck Don Bowen Charles Owen Jill Spicer Barry LeBaron Clayton Husband Gregory Arrington Kevin Miller Julia Skare Randy Shiflet None . Planning Director Planner Plans Examiner Asst. Dir. Public Works Staff Engineer Assistant City Manager ABSENT CONSIDERATION OF MINUTES OF DECEMBER 19, 1995 Chairman Barfield asked staff to listen to the tape to clarify the motion on PZ 95-26 regarding front entry garages on the collector street. Mr. Lueck stated that in PS 95-38, the minutes should reflect that the Commission was not sure why developers and the Commission were notified of the Little Bear Creek corridor ordinance. Mr. Baxter made the motio 0 approve the minutes as amended. The motion was seconded by Mr. Lueck. The m . carried 5-0, with Mr. Bowen and Mr. Owen abstaining. None Zoning Cases Plats and Subdivisions 1. PS 95-25 Request of M&J Construction for Final Plat of Crestwood Estates, Phase III. (Located on the east side of Smithfield Road, south of Redwood Court) . Mr. LeBaron stated this is an 8-acre tract of land zoned R-2. He stated the plat will subdivide the property into 23 lots. He stated the engineer has agreed to all engineering comments. He stated that no driveways on Smithfield Road will be allowed on the two corner lots. Mr. Doug Long, 1615 Precinct Line Road, came forward to speak. He stated the developer does not have plans to construct a screening wall along the lot with the existing house. PZ Minutes - Page 2 January 11, 1996 2. PS 95-40 3. PS 95-45 4. PS 95-35 Chairman Barfield stated there is no off-site easement for the storm drain pipe. He stated one will need to be obtained prior to the plat being filed. Mr. Lueck made the motion to approve PS 95-25 subject to engineers comments. The motion was seconded by Mr. Miller. The motion carried 7-0. d , _J,ul '--lIall~~ 0 .JI~,: fr.r Prølimin.,n, PI.,t r.t I ~.- 1 id 2, Block 1, Bradley Addition. (Located t 7104 Douglas Lane) LeBaron stated this preliminary plat fronts on Douglas Lane. He stated there is an existing e on the north lot. He stated the property is zoned AG, and a zoning change is required by the dinance when a final plat is submitted. Mr. LeBaron stated Douglas Lane is a bar ditch road that r uires improvements. He stated the owner is requesting a covenant for future street and sidewa improvements. sked if the owner will have a problem final platting both lots and signing a covenant for ewalk improvements. Mr. Ernest He coth, engineer for the owner, came forward to speak. He stated he believes the owner would b greeable with those conditions. otion to approve PS 95-40 subject to the following: engineering comments, that the owner subml n application for rezoning to an appropriate district, that both lots are final platted, and that a cov ant be executed for street and sidewalk improvements. The motion was seconded by Mr. Lueck. he motion carried 7-0. Request of Steve and Vicki W . berg for Preliminary Plat of Eden Addition, Fourth Filing. (Located at the end of Hightower Drive, st of Davis Boulevard) Mr. LeBaron stated this is a 30 acre act zoned R-3. He stated the plat will divide the property into 114 lots. He stated a screening wall required on Hightower Drive. Mr. LeBaron stated the developer will be required to construe eir portion of the street. He stated that the intersection of Madison Drive and Herman Jared Drive es not meet at a 9O-degree angle. He stated the Parks Department has asked for a'ccess to the D T right-of-way from the end of Madison Drive. Chairman Barfield stated his concern over wh would maintain the right-of-way at the bike trail connection. Mr. Davis stated a letter from the Parks Departmen tating their position would be sufficient. Mr. Bowen asked if the four lots not meeting the mini um width will be corrected. Mr. Jackey Fluitt, engineer for the developer, stated yes. There was general discussion regarding the future improvem ts to Hightower Drive. Mr. Davis made the motion to approve PS 95-45 subject to engineering comments, and a maintenance agreement with the Parks Department on the right-of-way for the access to the future bike trail. The motion was seconded by Mr. Bowen. The motion carried 7-0. Request of Oak Hills Joint Venture for Final Plat of Oak Hills Addition, Phase 2. (Located east of Eden Road, north of the railroad tracks) Mr. LeBaron stated this 24-acre tract is split between the R-2 and R-3 zoning districts. He stated the plat will divide the property into 80 residential lots. He stated the owner has agreed to all · General Information A. Owner B. Developer C. Engineer D. Surveyor E. Acreage F. No. of Lots G. Density H. Zoning I. Prop. Use .water and Sewer A. Water Lines B. Sewer Lines C. Fire Coverage Streets and Thoroughfares A. Thor. Plan B. Improvements C. Extensions . D. New Streets E. Street Lights Subdivision Plat Review Fact Sheet Case Number PS 95-25 M&J Construction, NRH TX same Owen D. Long & Associates, Hurst TX Loyd Bransom Surveyors, Fort Worth TX 7.97 acres 23 2.89 units per acre R-2 Single Family Residential Single family residences A 12-inch water line is located in the Smithfield Road right-of-way. Additional water lines will be constructed within the development. A 6-inch sanitary sewer line is located in the Smithfield Road right-of-way. Additional sanitary sewer lines will be constructed within the development. Fire hydrants must be installed to provide the required fire coverage. This property has frontage on Smithfield Road. Smithfield Road is classified as a C4U Major Collector (68-foot right-of-way, 4-lanes, undivided roadway). None required. None. Two new streets are proposed as part of this development. Any required street lights will be installed in accordance with Public Works criteria. F. Access Access to this property is from Smithfield Road. G. Sidewalks Sidewalks are required on all lots as each lot develops. Sidewalks adjacent to the masonry screening wall must be constructed at the time the wall is constructed. H. Screening Walls A masonry screening wall is required along this property's frontage on Smithfield Road. The Subdivision Regulations require a masonry screening wall along all roads classified as C4U or larger. I. New Street Names Lucian Drive, Shane Court Master Drainage Plan A. Flood Plain Flood Insurance Rate Maps indicate that portions of this property lie within the 1 DO-year and 500-year flood plain of a tributary of Little Bear Creek (LB1 channel). B. Improvements None. C. Easements Drainage easements between lots will require a concrete overland surface to help mitigate soil erosion. Comprehensive Land Use Plan A. Development This request is consistent with the Plan which calls for low density single family residential development in this area. B. Special Issues None. CITY OF N@RTH RICHLAND HILLS . ..,---- -.. "- - , . '. '-.. ---- '---- --.. '.. ,.. ~)~Ji:c '¡'iOír:S ~~ July 10, 1995 MEMO TO: Barry LeBaron Director of Planning and Inspection Services FROM: Kevin B. Miller, P.E. Assistant Public Works Director SUBJECT: PS95-25; CRESTWOOD ESTATES,PHASE ,1/; Block 10, Lots 1-23; Final Plat and Construction Plans We have reviewed the subject documents submitted to this office on June 16, 1995. The following items are for your consideration. (DUE TO THE SIGNIFICANCE OF THE OUTSTANDING ITEMS, WE FEEL THAT THIS PLAT SHOULD NOT BE PLACED ON AGENDA FOR P & Z CONSIDERATION.) . 1. The 100 year flood plain must be revised or contained within a drainage easement. A CLOMR will be required prior to the City Council considering a Final Plat. A LOMR will be required prior to filing the Final Plat. One LOMR was processed in the area which did not remove this property from the flood plain. A second LOMR reflecting underground storm drain improvements in Timberhill is required. The owner may have a LOMR done if they want to proceed with the subdivision before the second LOMR is completed. A portion of the property is in the "AE" floodplain, therefore backwater calculations are needed. 2. Verify that the existing downstream underground storm drain system can carry the 1 00 year storm or design the proposed underground storm drain system to carry the 5 year storm with the difference between the 1 00 year and 5 year above ground in a drainage easement and/or street right-of-way. 3. The state plane coordinates appear to still be incorrect. This will need to be resolved prior to the next submittal. 4. Some of the frontages may not have been recalculated correctly. The front dimensions shown for lots 14 & 15 appear to be incorrect. Review and make corrections as necessary. . 5. Excavate, refill and compact area where the stock tank previously existed. The fill must meet the 95% Standard Proctor Dry Density test for 6" lifts. r:·~ . .......,~....:/)~.. ~'.._ ~,',;-, .r·.·!"[~ :-~;:'ir=-...:lS. ,";.jìb:¿.~..:.)t>: ,.;.' " .'-,' '(:'1 '3~ L.O'_p ö'::C . ::3 :' ·:d 1 ·:;:52' . FAX d 11-t3:5ò. 7 :i:J3 6. The manhole located in the end cul-de-sac needs to be placed on the property line (as noted), Service should be connected to the main line instead of the manhole. 7. Provide adequate survey data along the back of Lots 6 through 11, Block 8 to confirm these lots are draining towards Timberhill Drive. 8. All drainage easements dedicated betwee'1 lots need to include an overland concrete surface. This will discourage property owners from cross-fencing the easement as well as protecting the area from erosion. The drainage and sanitary sewer easement between lots 15 & 16 needs to be increased to 23' wide. A 7.5' X 7.5' drainage easement is needed on lot 1 to allow the flume to begin on lot 1 as shown on the mark-ups. The proposed 10' private sanitary sewer easement needs to be changed to read 15' sanitary sewer easement. 9. All offsite easements and exhibits need to be prepared and forwarded to the Public Works Department for review. The signed easements need to be transmitted to the Public Works Department for filing with the approved Final Plat. 10. A cross section and profile for the proposed swale shown along the south property line of lot 1 will be required with the next submittal. Hydromulch needs to be shown. 11. An 8" crown at the intersection of Smithfield Road and Lucian Drive is needed to contain the water in the right-of-way on Smithfield Road or the drainage calculations need to be revised to include the drainage frcm Smithfield Road onto Lucian Drive. 12. The street entrance onto Smithfield Road r.eeds to be at a 90 degree angle. Due to the minimum driveway and street entrance spacing allowed on Major Collectors, no additional (beyond the one proposed on the submitted plan) access drives will be allowed along Smithfield Road. 13. The gutter grades need to be revised on the cul-de-sacs to obtain a minimum .5% slope. 14. Grouted rip rap (300 square feet) is required at the end 42" headwall as marked up on the review plans. 15. A masonry screening wall will need to be constructed adjacent to this property along Smithfield Road, Construction plans for the screening wall will need to be submitted to the City for review and approval. Wall plans must be submitted prior to Public Works issuing a letter of acceptônce for the Subdivision. 16. An Engineers Certification (such as the one included in the Subdivision Ordinance) needs to be added to the drainage calculat:on sheet in the construction plans. . . . 17. The City of North Richland Hills has adopted water and sewer impact fees. In general these fees are due from the Builder (at the time of construction) and therefor do not significantly impact on the Developer. There are some projects however which require the construction of Public Water and Sewer facilities. If those facilities are included in the City's 10 year plan, then there may be City participation available. 18. 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. 19. Current EP A regulations require that an NPDES permit be obtained prior to beginning construction. The owner and contractor are both responsible for obtaining the permit. The Owner should therefor request information from the EP A to determine the necessary steps for filing an application for an EPA _ NPDES Permit. The marked-up blue lines need to be returned with the next submittal. KLU~ ¿LfJ1~ gtJ. Kevin 8. Miller, P.E. I lá Assistant Public Works Director /pwm95065 cc: ' Gregory W. Dickens, P.E., Public Works Director City of North Richland Hills Ni~H APPLICATION FOR A 7301 N.E. Loop 820 -- -- -_. ---- --, FINAL PLAT North Richland Hills, TX (PI.... print you ,...,."..,s¡ 8 t 7 - 581 . 551 5 Propos8d Subdivision Name: &4YTW'¿10 D ESTA;rE.5 ßJ"';'SE .7lE Current Legal Description: lL,4tfr.s -I t:'~ ..1 C!.I./ <If J¿,R b!.iJ, 8,'/.eA/ß .>u,LV¿y ¿ .#ß6'T-/~ Nama and Address of Current ProperJY Owner: 11; ty.J: ~ðN"~/rvc.f,Dn é:,rr· Phone No. (817) 4I"ß..'.Ilð '/B()/ Br#nc/~' //¡;¡otZ Narl'~ ~d/8I'?d ,.«:/~ 7é)t'<z.$ ?'¿' /t/() , Nama and Address of Previous Owner: (If purchased during past twelve months) Name and Address of Developer: ~~~ (!d¡rrd.A/ .r;..Þ/'~'1 ÞtIJ/;~r Phone No. dS Name and Address of Engineør: , . k ~ t)4JCI~ O. L,,/t.{! ~ "i,S$ od/j ~ "C. ~~ PhoneNo.!B17) ~B¡'B/e/ /(./..5 ¡::'r-4GJ'1t:.r L./J'?tt ~o#¿ S¡;;';/a Ihrs';. 74~a~ 76CJ.5~"- Typa of Development Baing Propos8d: @ Sf Residenlial o MF Residential o Other o Duplex Residential o Commarciaf / Industriaf Finaf Plat Application Feø Calculation: ~~~ 1. Application feø: $120.00 2. Number of residential/ots #I $1.50 par lot 3¢.50 ~ REcErJtD ~ 3. Number of non-residential acres #I $5.00 per acre: E J" ~ ~ ,gtACj 4. Number of street intersection signs #I $65.00 each: /ßO.Dð ~~ &.1,J) 5. County plat recording fee: 58.00 Total f88: s4z.so I hereby certify that I am, or represent. the legal owner of the property described above and do hereby submit this Final Plat to tha Planning and Zoning Commission lor consideration. Date: '-1~-~5 Applicant's Phone No.: (~\,) ~~~- ~8\() Your name (Printed Name): t'\Þ\1..\l \aJ. ç",,\\ ~ Signature: ce¿çf!.4~!~, Note: Please complete and submit the 'Final Plat Document Submittal Checklist' on the reverse side of this form. P-s ~-15 FINAL PLAT CD . 402 (5 - 94) ~''''''''''''''''''''ï-'' 1-- - [--1'1\:¡ ..'DlfWOOD CT. ! 1 ~, ... IIf '''7U ,,, '" I I I \ / ,.!:I!."'''''j'''''''"1I: 't~:;~' ;=.,....""'1> , , . J " I' J . 'I, I I ·m:...:: ::.1 "J '-L" ,:'::..:¡ ,:',1 ,~~ i~ ,A¡G '/- , , · - ;;;;'/;);7 -',' . TI"'UR "Ill l,' It-~)·i ~/ / //1/ // -- OR. ..,'..-r 1J .. '-«()~O':: '\ I 'I ¡~ ,\~t. "\ ':'" ."'- q,.<J __ .. " ',.,\, <r.,". I .;; 10 q,.~ I II to - 11 11 ,,'" . 'R41~ ~'~ o . · o - · 13- 1 J > J _,.-!-.- ;~ .: !~ I: ........, ...... ............... .......... TR. ~" JR. ~U, AG " IIIII!CæmI .. " .. .. .. 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J 2 1 I :¢,,, I ~r;1rl~p '---;- '0 '/ ïj31 --~ ) 10 II ~ I~ 9- ;R4' ~r-;;-' < _~ IS: _ ~ : ) -:: 6 I:. ,1\ 1 ~:. - -._- , ~ í:f.i : · L--- ~ , riC'l\)~/ J L-- ~'-W.. _..~.,~' ~~'~T' "~I ._.;-- '" ..'.,.. R-2 ,...~~ ; U'''..,OGI CT. . 1011 11 ;~ - r~'''' /1 10M 19H ".. I II( ... HONtMAN ST. 'l..1J-~. Æ I'-r~~~ U'''IClIff CT. ~ '~... 1.: .~. .1. ...~. ,l.~~ .J..I.:..I..~~...I , . -- R-1-S lit .6A1 10 IR.6AJ ~ , -,¡-- 1860 ..". ~.. 16 Peg.: C5 ) ADOPTED: March 22, 1993 _.. ..... ~ JI. JO . ... ·....h -- I ,..["i ~dl'J\\P't\: 1)'rOj SAYERS IN. rJ4 ]Aj -- R-3 TR. ~~ Au i! - R-2 1175 v:~ '{IOO\J<?>t- .\'14,,0 - - / - - - '0 -R- J - o .. - . 11 1 ' "':..'H. II ~-' ~ ~~,.. R. ~;{:JI 11oC,1 C-2 ... 1".10' C-1 1 34}¡ , " "..<>+> Iii 10 1-2 17 ,'" "1\ <r... , hUc;T AN ~ 14 ~I J ,/, ".,,:\ 'Ð '~,- .....::' -;;;- -;:.;:- ~H 1 . . .. - .¡ -;;;- ~'.i' \ ,'5,t " - ,. 1< ¡"'\'" -~- M --;-1 '~~ '\\ ~? ""',,-' _ ~~~.'~ .. ¡:¡ --"t\'\:" -- ,,,0- . --:; ~~_~ ~~-!!_ ~h ~ 9U ... ., 9 - = 4 R 2'1 3 . 11 V __. ._~~ B ~1 1:_7'0 : ~ -;;- ~ .'0. IIN -. --~;:; \1 - 6 I'JI ~ , ,q.,., ._~_ 1~1( ~--;-- -~ ~ --- -. ~ I:' lIS u ___. I- .......... ~".. " I.." AAj C-1 _._-..~ _.. - . "- II. I" I, ./../" OLD HICKon OR. ,. ,. I J./.. ,. ., ~ o. ." .., 7., r ~~{ à COVIHTIY CT, 1180)¡J r ~It{.. 4 J_ _:.... ' "., . . -. - , 7 '- . '.--- ---- - OJ , 11 -- . 16 -1- 10 I) --I- I! 11 .-. ,. -" 9 " .. , - - -, " , r -_. --- " , .. . ... 10 ,. --. "' ". ... -- -- - - IJ.\ l ". COV£NTlY CII. - , ~HI I " - IO~1 , . 7 . - , ','- .1,0 "I" \ \ ". ? )~~~, "M~' I. , I'. AG " ,.., -~¡ :: 1-- " 71k --. , " --'~ II. .. , --- ---- .-- , , '/11( .. , .. 3 -__.. 7 , -~~ I 10 -.. n)l( ,-- · · " ~ ~ -:---;-- ~ ~ ___ 0 4.: , . .. .-- ~ - - > ~ --: I' ~ ~ · 11 - ,. .. I~H -- · 11 I 10 · 9 I.. '-- , 10 -R3- 9 (·\~t;:; ..:'\..\) 19 ~o \....- _':,c3 , " .. -- - - II. , · . , ....- /lrlON(MAN ST. - '" . -,- , " -- --ïõ--;- \ \' --- -c..:.~\\. , ,.... I:'N " --_. o R-2 _.... --.-. 14. , l' 4 .. --- --- .._- II ---- J~: ". ¿J. , OJ , >" I. " ". " - " - ------ -,¡- , ....'..,....' ,L " >.. .. ..1.1.. ...... ~ CURRENT THROUGH: Ordinance No. 2014, October 10. 1994 ZONING MAP Grid: 84-440 Page: C4 OM II.. /'U J I C-1 ¡ 1196 ! . 101 /1 i 1 M '1 Q I z 'i ~ M - '1 :J ¡: ,,, , '-1 ~ :6! ·1 I " . ... '" .. a.. Q ... ... I Q '" ... '~ .. <> '" '" '" '" ::.-: ..., "- <:; ~ .. ;:,¡ J . I 1" = 400' CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections - Council Meeting Date: 1/22/96 Subject: RE'qlfE'c::t of O::¡k Hille:: .Ioint \h=mtIJrp. for Fin;::¡1 PI;::¡f of O;::¡k Agenda Number: PS 95-35 Hill Addition, Phase 2. (Located east of Eden Road, north of the railroad tracks) , Oak Hills Joint Venture is the owner of a 24.60 acre tract of land located east of the Flamingo Estates and Eden subdivisions. The owner has submitted a Final Plat of the property for review and consideration by the City Council. The plat would divide the property into 80 residential lots. The following are the issues regarding this Final Plat: 1. The property is presently zoned R-2 and R-3 Single Family Residential. The portion of the property east of Flamingo Estates is zoned R-2; the portion east of the Eden Addition is zoned R-3. The R-2 district requires a minimum lot size of 9,000 square feet and a minimum dwelling unit size of 1,800 square feet. The R-3 district requires a minimum lot size of 7,500 square feet and a minimum dwelling unit size of 1,600 square feet. The proposed lots appear to meet the minimum requirements of these zoning districts. 2. Lot 11 Block 10 does not meet the minimum lot width of 65-feet required at the building line. The Planning and Zoning Commission have recommended a waiver of the building line for this lot. . 3. A 55-foot drainage and utility easement is provided at the rear of the lots between Hialeah Circle South and Trail Wood Drive. This drainage easement will be improved with a concrete channel. City staff received two letters and a petition in opposition to the proposed development after the Preliminary Plat was approved in 1994. The concerns center around three items: increased traffic, zoning restrictions, and drainage. Copies of the letters and one page of the petition are included in the packet. There are 136 signatures on the petition. A petition in opposition to a final plat for a subdivision does not affect the voting requirements for approval. The developer has responded to all engineering comments. The Planning and Zoning Commission considered this final plat at its January 11, 1996 meeting and recommended approval subject to engineering comments. RECOMMENDA TION: It is recommended that the City Council approve the recommendation of the Planning and Zoning Commi~~ion Finance Review Source of Funds: Acct. Number .BondS (GO/Rev.) _ Sufficient Funds Available Operating Budget .~.~ Other ',."".~ ..~f-~~8~~ Department He ö Signature CITY COUNCIL ACTION ITEM ~\~~nager . F,n~nc:e a.teCIOr . , <.) '''SON CT. _~\ '\:;\ ::~ ' . ".'0 [ I 'I 1Þ\)~i. '\ ~ S'. ~Oß ~" .:!) .H JJ ')11nJI JO 1'1 )- 111 '··",~.~;õ~::~(~~;" .." ~~ :¡C"1:- H,3 .. ..... ..... .". .... 90-444 . Paqe' ':';1=.. ~ 1.0- --"'" <4 15 ~_ .t!~ ,,..í:- rHO "c 1::0 ,', I~ L9 :- I: JR.IU _. IH.ID =. 1. ~- ..~ fR, JU -- IN, JUI fR JA.1 ~'-s 'bO 1M, JA,I r fH .JAJ AG TH. 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U¡ =nncC\Dr::. p '0-1 4 ¡Þ, _ ..,~ " " j I} ¡ r--\~\' ,,'I ~ 6 XG-- ~~.Rj,~,:," ".:: /:1~: ::"":1 :" :\ . \ ~ \' ~ ':.~~1A "" . ~ 17 '){~ In / 7O}O J1 \ n JJ ..-. .......1 J"..; · " . "I ,~O< ..'} ~- V - ti 1----"".-- 7" (,¡ I -4 _YI O-~... 4r ¡) \ :: I U.. 1 I .::; " 76 71" " .. 1 I ; I' 'z :.....' - I ;;: . ArY "SHC."fT DIIl_ \.oV" ~oß~:f\J 1 R- 6 ..: ,>,,~ tl1 -4 '1 I p. ,,¿p' ./1 I , } . ~ . I . ''0 7 J. " "13.... 1 ..16!i1' ð.Ii , I .:.-'* ~" ,~, >'''",~\"d'í\' ,~;r\i '-1 ' )0 ~':.p- <J.,~\ ~ " "...1/ ,---~t ,I~'::-~\"~' ~~~"'>:\. " \.) .. .. ~ \: ~/' ,.&...\ ~} \/.1 V'"'.....:: It I C' ._..... 10 "" IJ \!\ ~? --'C 'I ;/ ~ I :-;," .." II ~: '\.r~" \>_ "'0 11·2 I. lJ HI X, I' "'1;. It) ~/ 't, ~ 1 9 ~. ., , . .r "/, / 10 . .' 10 / '...../ ' \ " " \ ¿ 0 " /\ ".1 '6" \~t\' ','R;"3'} ",.. (.' ..'. ,~ :.;\ · L,.O./ .~\!':-\;~ð.. 0 . \": 1- \. ~:\ · 10.. \.) ~~, \' ~.~~~~ '... 7 "'0' '~" ·1 ~¡\ · .., "~6' .~):, I'> - -: \ '>-~: '" "'" . \} .-- .:~--' .-' . J!\ ~f\ ~ J 0 ~~ IU, ~ 4 a "':.. ~... IJ ~ " :! I ._-~ ~ -, . fR Ir rH_ J'" ----.- p-- I~. I II( 1 II( JAIA TR, JO R- 22 \ R 4 !I~ 1, 1M 74 1 -3 \ c·u, " It 10 19 ,. I~ " 'J " 1/ ------ WAITI LN. ~ I.'.. _' '0 I" > . 7 . . ..._-~ - ... . .. -- -------..---..- ----- I I I · 90-436 Page: D5 ) } ~ . ADOPTED: March 22, 1993 CURRENT THROUGH: Ordinance No. 201-4, October 10, 19<J4 ZONING MAP Grid: 'U·44U Page' 04 ..... ... ... .. C>o .. !<l. <> .... .... I «> '" " ,. .. ... .. '-> ... .... ...., .... :.. - ...., :::: '-' .... ~ h i lie 1" = 400' PZ Minutes - Page 2 January 11, 1996 · 2. PS 95-40 · 3. PS 95-45 · 4. PS 95-35 Chairman Barfield stated there is no off-site easement for the storm drain pipe. need to be obtained prior to the plat being filed. "/1 Mr. Lueck made the motion to approve PS 95-25 subject to engineers comments. seconded by Mr. Miller. The motion carried 7-0. Request of Charles Bradley for Preliminary Plat of Lots 1 and 2, Block 1, Bradle at 7104 Douglas Lane) Mr. LeBaron stated this preliminary plat fronts on Douglas Lane. He state ere is an existing house on the north lot. He stated the property is zoned AG, and a zoni change is required by the ordinance when a final plat is submitted. Mr. LeBaron stated Dou s Lane is a bar ditch road that requires improvements. He stated the owner is requesting a coy. ant for future street and sidewalk improvements. Mr. Davis asked if the owner will have a problem final plattin oth lots and signing a covenant for street and sidewalk improvements. Mr. Ernest Hedgcoth, engineer for the owner, came forw to speak. He stated he believes the owner would be agreeable with those conditions. Mr. Davis made the motion to approve PS 95-40 s that the owner submit an application for rezonin platted, and that a covenant be executed for str seconded by Mr. Lueck. The motion carried ect to the following: engineering comments, an appropriate district, that both lots are final and sidewalk improvements. The motion was Request of Steve and Vicki Weinberg fo reliminary Plat of Eden Addition, Fourth Filing. (Located at the end of Hightower Drive, east of avis Boulevard) Mr. LeBaron stated this is a 30 acr 114 lots. He stated a screening developer will be required to Madison Drive and Herman Department has asked for act zoned R-3. He stated the plat will divide the property into I is required on Hightower Drive. Mr. LeBaron stated the struct their portion of the street. He stated that the intersection of ed Drive does not meet at a 9O-degree angle. He stated the Parks ess to the DART right-of-way from the end of Madison Drive. Chairman Barfield state is concern over who would maintain the right-of-way at the bike trail connection. tter from the Parks Department stating their position would be sufficient. Mr. Bowen as tJ if the four lots not meeting the minimum width will be corrected. Mr. Jacke):j uitt, engineer for the developer, stated yes. s general discussion regarding the future improvements to Hightower Drive. Mr avis made the motion to approve PS 95-45 subject to engineering comments, and a ntenance agreement with the Parks Department on the right-of-way for the access to the future Request of Oak Hills Joint Venture for Final Plat of Oak Hills Addition, Phase 2. (Located east of Eden Road, north of the railroad tracks) Mr. LeBaron stated this 24-acre tract is split between the R-2 and R-3 zoning districts. He stated the plat will divide the property into 80 residential lots. He stated the owner has agreed to all PZ Minutes - Page 3 January 11,1996 engineering comments. He stated the city has received two letters and a petition in opposition to this request, but that the petition will not affect the voting requirements for approval. There was general discussion regarding access from this proposed subdivision. Mr. Davis stated the subdivision to the west stubbed out streets to provide access to this property when it developed. He stated the developer of Oak Hills has also stubbed out a street to the east to provide future access to the property. Chairman Barfield stated the plat meets the development criteria of the city. Mr. Baxter asked if there is a way to guarantee access to the property to the east. Chairman Barfield asked if that could be addressed on the Thoroughfare Plan. Mr. Davis stated since the property has provided a stubbed street, the Commission should recognize that situation when a preliminary plat comes before them. Mr. LeBaron stated that Flamingo Estates already has an access point on a future extension of Rumfield Road. Mr. Bowen stated that one lot does not meet the minimum width at the building line, and the Commission should consider a waiver since the lot is very large. Chairman Barfield asked why the TP&L easement and other parcel are not being platted at this time. Mr. Long stated they could not get permission to do drainage improvements 20o-feet upstream as required by Public Works. He stated when something happens with the adjacent property, they can come back and plat the remaining four lots and easement. Mr. Owen made the motion to approve PS 95-35 subject to engineering comments, and a waiver of the building line on Lot 11, Block 10. The motion was seconded by Mr. Davis. The motion carried 7-0. STAFF REPORT Chairman Barfield asked that staff prepare a recommendation on amending the masonry fence requirements. . Mr. Bowen thanked the Commission for their consideration during his leave of absence. CITIZEN COMMENTS None. ADJOURNMENT There being no further business, the meeting was adjourned. David Barfield, Chairman Planning and Zoning Commission Victor Baxter, Secretary Planning and Zoning Commission . General Information A. Owner B. Developer C. Engineer D. Surveyor E. Acreage F. No. of Lots G. Density H. Zoning I. Prop. Use . Water and Sewer A. Water Lines B. Sewer Lines C. Fire Coverage Streets and Thoroughfares A. Thor. Plan . B. Improvements C. Extensions Subdivision Plat Review Fact Sheet Case Number PS 95-35 Oak Hills Joint Venture, Hurst TX same Owen D. Long & Associates, Hurst TX Loyd Bransom Surveyors, Fort Worth TX 24.60 acres 80 3.25 units per acre R-2 and R-3 Single Family Residential Single family residences A 16-inch water line is located along the eastern border of this proeprty. An 8-inch line is stubbed into this property from Hialeah Circle North, Hialeah Circle South, and Bradley Drive. Additional water lines will be constructed within the development. A 10-inch sanitary sewer line is located adjacent to the creek running east-west through this property. A 6-inch line is stubbed into this property from Bradley Drive. Additional sanitary sewer lines will be constructed within the development. Fire hydrants must be installed in this development to provide the required fire coverage. This property does not have frontage on a Collector or Arterial street. None. Three streets will be extended to the east as part of this development: Hialeah Circle North, Hialeah Circle South, and Bradley Drive. D. New Streets Four new streets are proposed with this development. E. Street Lights Any required street lights will be installed in accordance with Public Work~ criteria. F. Access Access to this property is from Hialeah Circle North, Hialeah Circle South, and Bradley Drive. G. Sidewalks Sidewalks are required on all lots as each lot develops. H. Screening Walls None required. I. New Street Names Fallen Oak Drive, Spring Oak Drive, Trail Wood Drive, Elm Wood Drive Master Drainage Plan A. Flood Plain Flood Insurance Rate Maps indicate that portions of this property lie within the 1 DO-year and 5DD-year flood plain of Little Bear Creek. 8. Improvements Improvements will be made to the existing creek channel. C. Easements The creek channel will be designated as a drainage and utility easement. The width of the easement will be 25-feet greater than the with of the channel. Comprehensive Land Use Plan A. Development This request is consistent with the Plan which calls for low density single family residential development in this area. 8. Special Issues None. , '. CITY of'N®rZTJ-I RIÇJ-ILANI) HILLS . ~ ':).! :".' '_ ,",'...' ¡"f.. ~> October 2, 1995 MEMO TO: Barry LeBaron Director of Planning & Inspection Services FROM: Kevin B. Miller, P.E. Assistant Public Works Director SUBJECT: PS95-35; OAK HILLS ADDITION; Phase 2; Final Plat & Construction Plans We have reviewed the subject documents submitted to this office on August 31, 1995. The following items are for your consideration. DUE TO THE SIGNIFICANCE OF THE OUTSTANDING ITEMS, WE FEEL THAT THIS PLAT SHOULD NOT BE PLACED ON THE AGENDA FOR P & Z CONSIDERATION. . 1. A CLOMR will need to be submitted for the ,mtire tributary before the final plat is placed on the P & Z agenda, A positive response from FEMA on the CLOMR is required before work in the flood plain will be allowed, A LOMR must be submitted to Public Works prior to a final approval on the construction. A positive response from FEMA for the LOMR will be required prior to issuing permits for lots in the flood plain, 2. The existing creek bottom will be filled with this development. Construction plans need to be forwarded to David Madden with the CORPS of Engineers along with a request for a 404 determination. 3. The 50 foot drainage and utility R. 0, W. needs to be shown as a 55 foot drainage and utility easement. The required easemont width for a channel is 25 foot plus the width of the channel. The lot lines will need to be extended to the centerline as shown on the review plans. 4. If the following lots are graded at the time of the Public Works improvements, the grading plan design is acceptable as noted. If the lots are to be graded at a later time, flumes and drainage easements will b8 required. The sites are: Block 10, Lots 10-16; Block 12, Lots 2-5; Block 15, L:;ts 1-6, 8·13; Block 16, Lots 6-10, and Block 17, Lots 1 & 7. . P,(), l30x 820G09 . r'Jor~h rj¡.:/i1:1<1d "Ilil~. 1\'X;l~ .7Ù1ß2.Qr309 7'301 !'J::)flh'?C\ '51 i.oc.p ~~?U . 15 1"/,581 ·::'~;21 . FAX 817 .G5G.IS<n 5. The building line set back on Block 10, Lot 10& 12 will need to match the 30' building line for Block 10, Lot 11. 6, Plat the same perimeter of the property as included in the preliminary plat. Show the 100 year flood plain that will be outside the limits of the concrete channel. Dedicate a drainage easement across the out parcel lots for the 100 year flood plain. 7. The radii on street curves C 1 and C4 need to be increased to 200 feet per the Design Manual. The intersection of the street centerlines need to be at 90 degree angles, 8. The volume and page will need to be shown on the final plat for all existing easements. A letter will be required from T. P. & L. which will allow the east end of Hialeah Circle North to discharge under ~he high voltage power lines. The letter will be required with the next submittaL 9. An existing sanitary sewer manhole is shown to be outside the drainage and utility R.O.W. The manhole and sanitary sewer line will need 7.5' of easement on each side of the line. The easement line needs to be corrected on the sewer layout. 10. The appropriate signatures need to be added to the Owner's Acknowledgment and Dedication prior to filing the plat. 11. Show the exact location of the T. P. & L. towe'rs for the full length of the east lot line of the subject property. 12. The sidewalks adjacent to the out parcels along Spring Oak Drive need to be constructed with the streets. 13. Engineers Certification (such as the one inc,üded in the Subdivision Ordinance) needs to be added to the drainage calculation sheet in the construction plans. 14, The City of North Richland Hills has adopted water impact fees. In general these fees are due from the Builder (at the ~ime of construction) and therefor do not significantly impact on the Developer. There are some projects however which require the construction of Public Water facilities. If those facilities are included in the City's 10 year plan, then there may be City participation available. 15. 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. . . '. 16, Current EPA regulations require that an NPDES permit be obtained prior to beginning construction, The owner and contrC3ctor are both responsible for obtaining the permit The Owner should therefor request information from the EPA to determine the necessary steps for fili 19 an application for an EPA - NPDES Permit. There are a few comments regarding the engineering and construction plans. These comments are recorded on a set of blue line construction plans. The plans 'have been returned to the engineer for revision, The comments contained herein do not purport to relinquish the design engineer of his 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. ~K'~B~I~L eVln . Iler, P. . Assistant Public Works Director KBM/pwm95097 ~, cc: Gregory W, Dickens, P,E" Public Works Director Owen D. Long and Associates, Inc. CONSULTING ENGINEERS December 1.1995 Mr. Kevin B Miller P.E. Assistant Public Works Director City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76182-0609 .;"." " ~ Re: P.S. 95-3 AK HILLS ADDITION Phase , Final Plat and Con ruction Plans th Richland Hills Dear Kevin; We have received a copy of your memo to Barry LeBarron dated October 2, 1995 on the above project and have the following comments; 1. Ronald W. Morrison with Morrison Hydrology / Engineering, Inc. is preparing a CLOMR for this project and it will be delivered to y~. 2. We do not feel that a 404 permit will be required or needed for this project as our area is less toan one acre. However Mr. Morrison is working on this with the Corps. of Engineers. 3. The 55 foot drainage and utility easement has been revised with the lots extending to the centerline of the easement as requested. 4. All lots are planed to be graded as per the grading plan, as shown in the construction plans. 5. We request a building line variance for Lot 11 Block 10 from the required 65 feet to 60 feet as shown for this Final Plat. Otherwise we will need to have a 26 foot building line for Lot 11, Block 10. 6. This item has been discussed with staff, and this Final Plat is to cover the lots to be developed at this time. There will not be any 100 year flood plain outside of the dedicated drainage easement on the lots being platted. A letter of permission for the off-site drainage improvements will be provided. 1615 Precinct Line Road - Suite 106 I Hurst, Texas 76054 I Phone (817) 281-8121 . . . 7. All street centerline curves have been revised to 200 feet and all street intersections are at 90 degree angles. 8. The volume and page for the T.P.& L. and sewer line easements have been added to the plat. We do not feel that a letter of permission from T.P. & L. is needed for the minor amount of street water discharged onto their easement. because we will not interfere with their easement across land owned by this developer. 9. The existing sewer line and manholes are within the existing dedicated easement as shown. 10. The dedication-!ID the Final Plat will be signed by the owner prior to the filing of the plat. 11. The location of the T.P.& L. towers have been shown on the plat for the adjacent property. 12. The sidewall next to the adjacent unplatted land along the east side of Spring Oak Drive will be constructed with the street construction. 13. The Engineers certification is shown on the dralnage calculation sheet as requested. 14. This is a statement of city policy about impact fees and does not affect the plans. However we will be requesting city participation for the eight inch water line where applicable. 15. This is a statement of city requirements. that the owner is aware of. 16. This is a statement of E.P.A. requirements that the owner and contractor will address at the time of construction. The additional comments as noted on the reviewed Final Plans will be addressed on the corrected Final Plans. If you have any further comments. please give me a call. Sincerely; ) ~ Ma~ng,~.~ c.c. John Barfield CITY OF N@RTH RICHLAND HILLS December 21, 1995 MEMO TO: Planning & Zoning Commission FROM: Julia W. Skare, P.E. Staff Engineer SUBJECT: PS95-35; OAK HILLS ADDITION; Phase 2; Final Plat & Construction Plans We have reviewed the Final Plat submitted to this office on December 5, 1995 and the construction plans resubmitted on December 12, 1995. The following items are for your consideration. 1. The CLOMR was submitted to the City for review and has been returned to the engineer with comments. The CLOMR will need to be resubmitted before the final plat is placed on the P & Z agenda. A positive response from FEMA on the CLOMR is required before work in the flood plain will be allowed. A LOMR must be submitted to Public Works prior to a final approval on the construction. A positive response from FEMA for the LOMR will be required prior to issuing permits for lots in the flood plain. 2. The existing creek bottom will be filled with this development. I spoke with Mr. Madden and if the stock ponds are not fed by the tributary, a permit is not required for areas less than one acre. 3. A letter will be required from T. P. & L. which will allow the east end of Hialeah Circle North to discharge under the high voltage power lines. The letter will be required with the next submittal. P.O. Box 820609 · North Richland Hills, Texas· 76182-0609 7301 Northeast Loop 820 · 817-581-5500· FAX 817-656-7503 · · · There are a few comments regarding the engineering and construction plans. These comments are recorded on a set of blueline construction plans. The plans have been returned to the engineer for revision. The comments contained herein do not purport to relinquish the design engineer of his 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. ~Jr.~ Jul W. Skare, P.Et. Staff Engineer JWS/pwm95147 cc: Kevin B. Miller, P.E., Assistant Public Works Director Barry LeBaron, Director of Planning & Inspection Services NRH APPLICATION FOR A FINAL PLAT City of North Richland Hills 7301 N,E. Loop 820 North Richland Hills, TX 817 - 581 - 5515 (PI_¡rinlyou,_s) Proposed Subdivision Name: o~J( )-JILL.5 Current Legal Description: ß-fl.'r 0 F ([)p 7í{¡tç:. r li?trc-T //3/ ¡; -//!To / D. M05$.5 $c.JI<V~ / 21ì- / /J - /1:;0 I O. 1-/)05 E?3 S u f{ {/ß r 11Î-// Name and Address of Current Property Owner: OßK 70ö Name and Address of Previous Owner: ¡¡ILL!> Io¡".vt )f ~ r tv c . 0 f. A , (If purchased during past twelve months) SI1-HJ £ Name and Address of Developer: .5!l¡fJ[ Name and Address of Engineer: OweN' /6 )5 ADDITION .sect ¡ c -'\I 2 Ve.-vlI.\. (e ~,",¡le ç Phone No. 28/- /54-0 7tú~-4 Jlt.(sl '¡t... Phone No. fJ Lol1/t "'/II I (¡ .5.JOC/c::. te...s k. "\ ~ Phone No. Plec. ¡'''''( l I~f l..Oð.~ ..s",¡J e Jot JI"'fSI:. Te~~,-, oS 28) -812" Type of Development Being Proposed: I,Zi-. SF Residential D Duplex Residential Final Plat Application Fee Calculation: D MF Residential D Commercial/Industrial D Other 1. Application tee: $120.00 2. Number of residential lots @ $1.50 per 10/: Bo e¿ J 12 o. 0 V 3. Number of non-residential acres @ $5,00 per acre: ' 4. Number ot streetintersection signs @ $65,00 each,6 SZO,oO 5. County plat recording fee: 5b + e.. 511,00 Totalfee: .( BIB.oo I hereby certify th~t 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. Date: §- Z~- rtj" /{v¡ I{ EíH C u! H fIE iF] 7Íìl1;~ Your name (Printed Name): -lOti II I{) , EMfl ~L D /I~d.ttie: Note: Please complete and submit the "Final Plat 00 reverse side of this form. FINAL PLAT .... .... CD· 402 (5 - 94) . . . 8 February 1994 Barry LaBaron Zoning and Planning North Richland Hills City Hall North Richland Hills, Texas 76180 Dear Sir: We have recently become aware that the City Council is considering approval of a plat to allow 80 additional homes to be built East of FlallÙngo Estates. The plat shows no exits to Precinct Line Road. We must protest this unacceptable situation. At the present time, Flamingo Estates includes about 65 homes, all well over the minimum size (1400 square feet) specified for the new plat. While any responsible homeowner is concerned about his property value when lower value homes are added to his neighborhood, this is not our primary concern. Our primary concern is with the safety of our neighbors and the life of our neighborhood. There is only one exit from Flamingo Estates, and from the majority of the prospective new development. This exit is Everglade, onto Eden. Accepting this prospective addtion will force more than double the current amount of traffic through the Everglade bottleneck onto Eden. This will destroy our neighborhood. At the present time, we have a relatively quiet neighborhood. Every resident, once they enter onto Hialeah Circle, knows that they are nearly home, and considers the entire area as "his" neighborhood. We all watch for the multitude of children and walkers in our closed-off circle. Many times, we have turned the comer to fmd bikes, trikes, strollers and balls rolling down our street. We like it that way, knowing it means we have a true neighborhood, where people enjoy being out and together. Many of us "walk the circle" regularly when the weather is good, and even sometimes when it's not. All this would be destroyed if you force a horde of traffic from another neighborhood to transit through our area. Instead of a quiet tenninus to the day's efforts, our neighborhood would become an annoying impediment to be crossed as quickly as possible on the way to another place. Even now, the bottleneck onto Eden is regularly saturated in the morning. The recent addition of a traffic signal at Rumfeld on Davis Blvd. has induced a major increase in traffic along Eden as people avoid the comer at Davis and Main. It is not uncommon to be held for several minutes at the intersection of Everglade and Eden behind other cars waiting for a gap in the traffic on Eden. Doubling (or more) the number of cars through this bottleneck will lead to accidents as tempers and schedules are shortened by the congestion. The QnJy viable alternative is to re-plat this development to require an exit directly to Precinct Line. No entrance into Flamingo Estates can be acceptable until the planned Rumfeld ex'tension to Precinct Line is complete and the path through our neighborhood is clearly undesirable as a transient route. We are not against an honest man earning a living, but this exact issue was discussed before at this City Council, in a meeting we attended. We recognize that the developer has a problem obtaining access directly to Precinct Line. HO\-vever, his problems are no excuse for destroying our neighborhood. \\Then this was discussed before, the Council promised us that they would not approve a new development 'without requiring direct access to Precinct Line. It is difficult to avoid an e;dremely emotional response to this blatant breach of faith \VÌth the citizens (and taxpayers) of North Richland Hills. However, even logic can foretell just as clearly as we can predict the sun coming up tomorrow, that if you allow this massive transient traffic curse to go forward, people will die (in accidents), children will die (or disappear), and our neighborhood will die. We urge you not to approve this plat. At the least, delay approval until you have \oisited our neighborhood on a pleasant spring evening. Join us for a "walk around the circle" and recognize the special corner of our city that this development will destroy. · · · Barry La Baron Zoning and Planning North Richland Hills City Hall North Richland Hills, Tx. 76180 Dear :Mr. La Baron, I have been recently made aware of 1. Barfield's intent to build 80 homes to the East Side of the Flamingo Estates off Eden Road. I believe that when you look at the Flamingo Estates Addition, that you will find us to be a small neighborhood with oruy about 65 homes. Even with this small number of homes, it difficult to get in and out of our drive during the rush hour times, because of the street traffic. But we find that it is a livable amount of traffic that we are willing to deal with because \ove enjoy the neighborhood. We have had trouble with forced entry and theft from time to time, but it is minimal because there are no transients in our neighborhood and our neighbors watch out for each other. By looking at the addition that is planned, it becomes quickly apparent th.1t the most direct route out of the new neighborhood would be through either Hialeah Circle North, or Hialeah Circle South. Neither street was build to handle the amount of traffic that will be required of it. A very reasonable guess would be approximately 120 additional cars in the A.:.\;f and in the PM. The single exit onto Eden \vill not accomodate that kind of traffic. At times I have to wait for 10 cars or more to pass southbound in the morning before I can exit onto Eden. ( We have alot of traffic cutting through from Davis to Precinct.) The same scenerio occurs in the evening. Speaking for myself, if this new neighborhood is buildt, I feel certain that we will be moving out of this area because we will not be willing to deal '"'lith the congestion. I also fear that since the majority of the home will have the 1400 sq. ft. restriction, this will hurt the property value of the neighborhood. This is especially disturbing since our propery values have already fallen so much in the past 5 years. If you do not reconsider this request you will be responsible for the destruction of a very stable, established, safe fanùly neighborhood due the unnecessary, and oveIVIhelming amount of traffic which would inflicted upon it. Nonna Schafer 7321 Hialeah Ci. . N. Richland Hills, Tx. 76180 , t~' I, " rl' \:.. We. the unde~igned residents of Eden Estates and FIarrÜngo Estates and adjacent properties have the following issues '\'1 with the proposed housing addition currently planned to adjoin our developments to the East: ~j)..->. "",0 ~ 1 TIle only access to this proposed 80-home development is through our residential streets and then Eden Rd.. ~\ \~ 0- ~ \ J which is already dangerollsly congested. lne new traffic will make these streets significantly more dangerolls to \ ~ \ pedestrians. bicyclers and our children. [, '\ \ . I Y~.J ~2 11le sizes of some of the homes planned (or this development are restncted to on y 1400 sq. ft. _ a size significantly J\:/J' J) smaller than the homes in our existing neighborhoods - and will certainly have an adverse el1èct on their already ,j'\' '..: '~ severely depressed values. .. \ \J \\ ~3 111e proposed addition will have a pronounced effect upon the drainage of the existing housing additions. which \-\."\,'"' f already have a hi!>10ry of drainage problems from the West. \.: t· V ,'t-\'~ ~ \" \,\\/ ~\i PETITIC ~ AGAINST HOUSI,NG . '=:VELOPMENT As lax-paying citizens of North Richland Hills, the city officials have a preexisting responsiblity to ensure the safety of ourselves. our children and the investments we have in our homes as well as the quality of our lives. The above issues MUST bè satisfactorily resolved before any filrther activity takes place toward the proposed development. NAME ADDRESS TELEPHONE SIGNATURE ZÎ -;':;; CITY OF NORTH RICHLAND HILLS ~ Department: Administration Public Hearing for Budget of Crime Control Subject: ;:¡nrl Prp-vp-ntinn ni~trir.t Council Meeting Date: 1/22/96 Agenda Number: GN 96-07 At the January 8, 1996 City Council Meeting, the Crime Control District two year plan and budget were submitted to City Council for review. The temporary Crime Control District Board held a Public Hearing on this at their January 3, 1996 Board Meeting, and approved this budget. In accordance with State Law, it is necessary for the City Council to also hold a Public Hearing on the budget and to adopt the budget. The Public Hearing notice was published in the newspaper as specified in the State Law. This Public Hearing is to allow citizens to provide comments or ask questions regarding the proposed Crime Control District Budget. Recommendation: It is recommended that, after the Public Hearing is concluded, that the City Council approve the budget for the Crime Control and Prevention District. Finance Review Source 01 Funds: Bonds (GO/Rev.) Operating Budget _ Other Acct. Number Sufficient Funds Available kt~er Finance Director Department Head Signature CITY COUNCIL ACTION ITEM tit Page 1 01 · e - TWO YEAR PLAN SUMMARY THE NORTH RICHLAND HILLS CRIME CONTROL AND PREVENTION DISTRICT PRESENTS AN ANTI-CRIME PACKAGE WHICH WILL: 1. PROVIDE EXCEPTIONAL POLICE SERVICE TO THE CITIZENS OF NORTH RICHLAND HILLS WITHOUT AN INCREASE IN AD VALOREM PROPERTY TAXES BY A. REDUCING RESPONSE TIME ON POLICE CALLS; B. INCREASE OFFICER VISIBILITY IN CITY NEIGHBOR- HOODS AND PARKS, C. ENHANCE CRIME FIGHTING ABILITY WITH NEW AND UPDATED TECHNOLOGY AND D. STEM JUVENILE AND GANG RELATED CRIMINAL ACTIVITIES. THIS WILL BE ACCOMPLISHED BY PROVIDING 1. UPDATED POLICE AND LAW ENFORCEMENT PROGRAMS, 2. COMMUNITY RELATED CRIME PREVENTION STRATEGIES, AND 3. SPECIFIC TREATMENT AND/OR PREVENTION PROGRAMS. THE ANTI-CRIME PACKAGE PRESENTED BY THE DISTRICT WILL INCLUDE CONSIDERATION AND AUGMENTATION OF STATUTORY ITEMS WHICH PERTAIN TO CITY - WIDE DISTRICTS THAT ARE LISTED IN ARTICLE 5 OF THE STATUTE AUTHORIZING ANTI-CRIME DISTRICTS (ARTICLE 2370c-1, REVISED CIVIL STATUTES). EACH OF SUCH STRATEGIES LISTED IN THE STATUTE WILL BE SUPPORTED BY THIS DISTRICT. THE DISTRICT WILL DEVELOP A METHOD OF ANNUALLY EVALUATING THE EFFECTIVENESS AND EFFICIENCY OF CRIME CONTROL AND PREVENTION STRATEGIES. THE DISTRICT WILL FOLLOW AND COMPLY WITH THE BUDGETING REQUIREMENT OF ARTICLE 2370c-1, WHICH AUTHORIZES THIS DISTRICT AS A MEANS OF CRIME FIGHTING IN ORDER TO AVOID OVERTAXING OF PROPERTY OWNERS THROUGH AD VALOREM TAX. THIS DISTRICT WILL HAVE NO POWER TO IMPOSE AD VALOREM TAXES. e THE DETAILS OF THE DISTRICT PLAN CAN BE EXAMINED IN A PUBLIC DOCUMENT WHICH FOLLOWS THIS STATEMENT AND IS ON FILE IN THE OFFICE OF THE CITY SECRETARY OF THE CITY OF NORTH RICHLAND HILLS AT 7301 N.E. LOOP 820, NORTH RICHLAND HILLS, TEXAS. ANTI-CRIME HALF CENT SALES TAX YEAR 1 Income $ 3,500,000 Expenses: Police & Law Enforcement Community Related Crime Specific Prevention Program $ 2,136,496 $ 266,492 $ 23,813 $ 2,426,801 e Retained at Year End (Transition Funding) $ 1,073,199 ANTI- CRIME HALF CENT SALES TAX YEAR 2 Retained Earnings $ 1,073,199 Earnings (Collections) $ 3,500,000 Expenses: Police & Law Enforcement $ 1,907,121 Community Related Crime $ 381,125 Prevention Specific Prevention Program $ 79,795 Total Expense $ 2,368,041 - Retained at end of Year 2 (Transition Funding) $ 2,205,158 YEAR ONE BUDGET e POLICE AND LAW ENFORCEMENT RELATED PROGRAMS COMPUTER HARDWARE AND SOFTWARE REPLACEMENT $ 500,000.00 COMPENSATION ADJUSTMENT PACKAGE $ 170,143.00 PROFESSIONAL STANDARDS UPGRADE $ 186,089.00 OPERATIONS BUREAU UPGRADE $ 799,579.00 COMMUNICATIONS SECTION UPGRADE $ 125,000.00 SUPPORT EQUIPMENT FUNDING $ 48,600.00 REPORT WRITING AND SUBMISSION UPGRADE $ 130,000.00 VEHICLE IMPOUNDMENT UPGRADE PROPERTY e MANAGEMENT TECHNICIAN $ 36,421.00 DETENTION SERVICES UPGRADE ~ 140,664.00 RELATED PROGRAM TOTAL $2,136,496.00 e e YEAR ONE BUDGET COMMUNITY-RELATED CRIME PREVENTION STRATEGIES CITY HALL AT THE MALL AND PUBLIC SERVICE OFFICER PACKAGE $ 165,854.00 COMMUNITY SERVICES UPGRADE $ 100,638.00 Related Program Total $ 266,492.00 e - 2 e YEAR ONE BUDGET SPECIFIC TREATMENT AND PREVENTION PROGRAMS COMMUNITY SERVICES UPGRADE $ 23,813.00 GRANO TOTAL OF ALL PROGRAMS $2,426,801.00 e e 3 e e e YEAR ONE BUDGET POLICE AND LAW ENFORCEMENT RELATED PROGRAMS COMPUTER HARDWARE AND SOFTWARE REPLACEMENT o YEAR ONE FUNDING Hardware Upgrade or Replacement Software Replacement YEAR ONE TOTAL COMPENSATION ADJUSTMENT PACKAGE o YEAR ONE FUNDING Salary Adjustment of Current Personnel YEAR ONE TOTAL PROFESSIONAL STANDARDS UPGRADE o YEAR ONE FUNDING Captain for Administrative Services ~ivision 1 Professional Standards Officer Officer Equipment 1 CrimelManagement Analyst (Civilian) 1 Professional Standards Public Safety Technician Clerical Equipment YEAR ONE TOTAL OPERATIONS BUREAU UPGRADE . YEAR ONE FUNDING 4 Patrol Lieutenants (Station Commanders) 5 Uniformed Services Division Patrol Officers Officer Equipment (9 Officers) 6 Marked Patrol Vehicles 3 Unmarked Vehicles for CIO (Fleet Replacements) YEAR ONE TOTAL COMMUNICATIONS SECTION UPGRADE ~ YEAR ONE FUNDING 3 Motorola Consoles 2 Consolette radios for off site dispatch center 4 Telephones for off site dispatch center 2 Computers, printers, network cards and off site hook up Desks, chairs, weather monitors, headsets, maps YEAR ONE TOTAL ,/ $ 150,000.00 350,000.00 $ 500,000.00 $ 170.143.00 $ 170,143.00 $ 63,070.00 $ 38,227.00 10,800.00 40,668.00 29,324.00 4,000.00 $ 186,089.00 $ 226,844.00 $ 191,135.00 48,600.00 285,000.00 48,000.00 $ 799,579.00 $ 96,000.00 10,000.00 2,000.00 8,000.00 9,000.00 $ 125,000.00 e SUPPORT EQUIPMENT FUNDING ~ YEAR ONE FUNDING Criminal Investigation Division - 9 Portable Data Terminals YEAR ONE TOTAL S 48,600.00 S 48,600.00 REPORT WRITING AND SUBMISSION UPGRADE -0 YEAR ONE FUNDING Operations Bureau - 65 Lap Top Computers: YEAR ONE TOTAL S 130,000.00 S 130,000.00 VEHICLE IMPOUNDMENT UPGRADE PROPERTY MANAGEMENT TECHNICIAN f) YEAR ONE FUNDING 1 Civilian Property and Evidence Technician Equipment for Technician YEAR ONE TOTAL S 32,421.00 4,000.00 S 36,421.00 DETENTION SERVICES UPGRADE f) e e YEAR ONE FUNDING 4 Civilian Detention Officer Equipment for Detention Officer YEAR ONE TOTAL S 137,664.00 3,000.00 S 140,664.00 c- YEAR ONE BUDGET e COMMUNITY-RELATED CRIME PREVENTION STRATEGIES CITY HALL AT THE MALL AND PUBLIC SERVICE OFFICER PACKAGE ~ YEAR ONE FUNDING 5 Public Service Officers Equipment for 5 Public Service Officers YEAR ONE TOTAL $ 162,104.00 3,750.00 $ 165,854.00 COMMUNITY SERVICES UPGRADE ~ YEAR ONE FUNDING 1/2 School Resource Officer 1/2 Officer Assigned Equipment 1/2 Clerical Equipment 1 D.A.R.E. Public Safety Technician 1 School Resource Marked Vehicle YEAR ONE TOTAL $ 19,114.00 2,700.00 2,000.00 29,324.00 47,500.00 $ 100,638.00 e e - /". - YEAR ONE BUDGET e SPECIFIC TREATMENT AND PREVENTION PROGRAM COMMUNITY SERVICES UPGRADE ~ YEAR ONE FUNDING 1/2 School Resource Officer 1/2 Officer Assigned Equipment 1/2 Clerical Equipment YEAR ONE TOTAL S 19,113.00 2,700.00 2.000.00 $ 23,813.00 e e - 7- , YEAR TWO BUDGET e POLICE AND LAW ENFORCEMENT RELATED PROGRAMS COMPUTER HARDWARE AND SOF1WARE REPLACEMENT $ 60,000.00 COMPENSATION ADJUSTMENT PACKAGE $ 251,772.00 PROFESSIONAL STANDARDS UPGRADE $ 171,289.00 OPERATIONS BUREAU UPGRADE $1,169,060.00 COMMUNICATIONS SECTION UPGRADE $ 0.00 SUPPORT EQUIPMENT FUNDING $ 23,000.00 REPORT WRITING AND SUBMISSION UPGRADE $ 50,000.00 VEHICLE IMPOUNDMENT,UPGRADE PROPERTY e MANAGEMENT TECHNICIAN $ 32,421.00 DETENTION SERVICES UPGRADE $ 149,579.00 Related Program Total $1,907,121.00 e - 8- YEAR TWO BUDGET e COMMUNITY-RELATED CRIME PREVENTION STRATEGIES CITY HALL AT THE MALL AND PUBLIC SERVICE OFFICER PACKAGE $ 273,617.00 COMMUNlTY SERVICES UPGRADE $ 107,508.00 RELATED PROGRAM TOTAL $ 381,125.00 e e -c¡. - e YEAR TWO BUDGET SPECIFIC TREATMENT AND PREVENTION PROGRAMS OPERATIONS BUREAU UPGRADE $79,795.00 Grand Total of All Programs $2,368,041.00 e e -/0 - e e e YEAR TWO BUDGET POLICE AND LAW ENFORCEMENT RELATED PROGRAMS COMPUTER HARDWARE AND SOFTWARE REPLACEMENT * YEAR TWO FUNDING Computer Maintenance on Above Items YEAR TWO TOTAL S 60,000.00 $ 60,000.00 COMPENSATION ADJUSTMENT PACKAGE * YEAR TWO FUNDING Salary Adjustment of Current Personnel YEAR TWO TOTAL S 251.772.00 $ 251,772.00 PROFESSIONAL STANDARDS UPGRADE . YEAR TWO FUNDING Continuation of Personnel Costs from Year One YEAR TWO TOTAL S 171,289.00 S 171,289.00 OPERATIONS BUREAU UPGRADE * YEAR TWO FUNDING 5 Unifonned Services Division Patrol Officers Continuation of Personnel Costs from Year One 10 Marked Patrol Vehicles Officer Equipment (11 Officers) Unmarked Street Crimes Unit Vehicles ~ The fol/owing positions are all 114 year funding 3 Unifonned Services Division Patrol Officers 2 Crimina/Investigators YEAR TWO TOTAL $ 191,135.00 370,142.00 475,000.00 53,000.00 32,000.00 28,670.00 19,113.00 $1,169,060.00 COMMUNICATIONS SECTION UPGRADE SUPPORT EQUIPMENT FUNDING * YEAR TWO FUNDING Police Facilities Improvement S 20,000.00 Unifonned Services Division Traffic Section - 1 Traffic Computer: $ 3,000.00 YEAR TWO TOTAL $ 23,000.00 II - REPORT WRITING AND SUBMISSION UPGRADE e -e) YEAR TWO FUNDING Operations Bureau - 25 Lap Top Computers YEAR TWO TOTAL S 50.000,00 S 50,000.00 VEHICLE IMPOUNDMENT UPGRADE PROPERTY MANAGEMENT TECHNICIAN -e) YEAR TWO FUNDING Continuation of Personnel Costs from Year One YEAR TWO TOTAL S 32.421.00 S 32,421.00 DETENTION SERVICES UPGRADE ~ YEAR TWO FUNDING 1 Civilian Detention Supervisor (1/4 Year Position) Equipment for Detention Officer Continuation of Personnel Costs from Year One YEAR TWO TOTAL S 11,165.00 750.00 137.664.00 $ 149,579.00 e e _/2-- YEAR TWO BUDGET e COMMUNITY-RELATED CRIME PREVENTION STRATEGIES CITY HALL AT THE MALL AND PUBLIC SERVICE OFFICER PACKAGE YEAR TWO FUNDING 3 Public Service Officers Continuation of Personnel Costs from Year One Equipment for 3 Public Service Officers Equipment for "City Hall at the Mall" YEAR TWO TOTAL $ 97,263.00 162,104.00 2, 250.00 12,000.00 S 273,617.00 COMMUNITY SERVICES UPGRADE ô YEAR TWO FUNDING 1 D.A.R.E. Officer (Quarter Year Funding) 1 D ARE Marked Vehicle Continuation of Personnel Costs from Year One Officer Assigned Equipment YEAR TWO TOTAL :;; 9,557.00 25,000.00 67,551.00 5.400.00 S 107,508.00 e . - I ~ - e e . YEAR TWO BUDGET SPECIFIC TREATMENT AND PREVENTION PROGRAMS -0 YEAR TWO FUNDING Continuation of Personnel Costs from Year One Officer Equipment (11 Officers) Unmarked Street Crimes Unit Vehicles ~ The following positions are all 1/4 year funding 1 Investigative Services Division Street Crimes Officer YEAR TWO TOTAL J 47,838.00 6,400.00 16,000.00 9,557.00 S 79,795.00 CITY OF NORTH RICHLAND HILLS Department: Support Services Council Meeting Date: 1-22-96 Subject: Authorization of signatures for unmarked license plates. Resolution No. 96-05 Agenda Number: GN 96-08 The Texas Highway Department requires Cities to provide a list of employees authorized to sign for and order license plates for unmarked vehicles. This list must be approved by the City Council and submitted to the State once each year. Resolution No. 96-05 supersedes Resolution No. 95-07 approved on January 23, 1995. There are three individuals authorized to sign. They are Jeanette Rewis, Thomas Powell and Tim Doyle. Recommendation: It is recommended the City Council adopt Resolution No. 96-05. Finance Review Source of Funds: N/A Bonds (GO/Rev.) Operating Budget _ Other NiA Acct. Number Sufficient Funds Avail ble ignature CITY COUNCIL ACTION ITEM Finance Director Page 1 of .' . . . RESOLUTION NO. 96-05 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: 1. The Chief of Police of The City is authorized to designate and use such unmarked license plates for vehicles as he may deem necessary for the purpose of transporting juvenile offenders, criminal investigations, and for performing official police duties. 2. The following persons are authorized to handle the registration and licensing of unmarked vehicles; Jeanette Rewis, Thomas Powell, and Tim Doyle. Passed and approved this 22nd day of January ,1996. APPROVED: Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for City v CITY OF NORTH RICHLAND HILLS aepartment: Parks and Recreation Department Council Meeting Date: 1-22-96 Subject: Public Hearing -Community Development Block Grant - Agenda Number: GN 96-09 Resolution No. 96-09 The purpose of this Public Hearing is to receive citizen input regarding the 22nd Year Plan for the COBG Program. All citizens, groups and organizations of our City are welcomed to participate and be represented in the formulation of the 22nd Year Plan. This Public Hearing is open for public advice, comments, complaints, questions or presentations of alternative proposals. The public may present their view in writing by obtaining a questionnaire from the City Secretary, completing it and returning it to her office. Based on discussions with the County concerning eligible COBG Projects within our City, it is recommended that the 22nd Year entitlement be allocated to the expansion of the Dan Echols Senior Adult Center parking lot and a handicapped accessible playground. The amount of money is unknown at this time as the County ranking process takes place in March. RECOMMENDATION: . It is recommended that City Council hold the required Public Hearing and approve Resolution No. 96-09. Attachment Finance Review Finance Director Source of Funds: Bonds (GO/Rev.) ~ .ihe:~ting Budget = -=-~~~ ~ Department Head Signature CITY COUNCIL ACTION ITEM nager Page 1 of I RESOLUTION No. 96-09 RESOLUTION APPROVING AND ENDORSING THE 1996 COMMUNITY . DEVELOPMENT PROJECT FOR THE CITY OF NORTH RICHLAND HILLS, TEXAS. WHEREAS, the City of North Richland Hills shares in a cooperative agreement with Tarrant County for essential community development assistance activities under Public Law 93- 383, the Housing and Community Development Act of 1974, as amended; and WHEREAS, at least one public hearing for the purpose of identifying and discussing community development needs, and receiving and adopting Community Development Projects, has been duly held by the City of North Richland Hills; and WHEREAS, after said public hearing and due consideration, the Dan Echols Senior Adult Center parking lot and a handicapped accessible playground was determined to be eligible for funding under this Act, and approved for filing an application for said funding; and WHEREAS, it is understood that any funds not expended on the specifically approved project will revert to the Community Development Contingency Fund, and should any repayment of funds be required by HUD due to the ineligible or non-fundable projects, the City would be responsible for repayment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of North Richland Hills that said 1996 Community Development Project for the City of North Richland Hills, Texas be approved and endorsed. . PASSED AND APPROVED THIS 22nd day of January, 1996. Tommy Brown, Mayor City of North Richland Hills ATTEST: Jeanette Rewis, City Secretary City of North Richland Hills APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City City of North Richland Hills . CITY OF NORTH RICHLAND HILLS eoepartment: Parks and Recreation Department Subject: Authorizing the Submittal for a Texas Parks and Wildlife Grant - Resolution No. 96-10 Council Meeting Date: 1-22-96 Agenda Number: GN 96-10 The City of North Richland Hills is eligible to apply for matching grant funds for construction of the Girls Fast Pitch Softball Complex located on the west side of Walkers Branch on the western half of the 60 acre community park and NRH20. Funding in the amount of $750,000 is available through the Parks and Recreation Capital Improvement Program. The grant application is in the amount of $500,000. The proposed improvements include four lighted softball fields, practice fields: restroom and concession building, multi-use trail, playground, pavilion, picnic facilities, connection to the North Electric Trail and associated parking, landscaping and irrigation. Adoption of the resolution is a critical pre-requisite in submitting the $500,000 grant application prior to the January 31, 1996 deadline. RECOMMENDATION: . It is recommended that the City Council adopt resolution No. 96-10. Authorizing the submittal of a grant application to the Texas Parks and Wildlife Department for construction of the City Park. ATTACHMENT: Resolution No. 96-10 Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ .ther _ ~~~Q~._~ ~ Department Head Signature CITY COUNCIL ACTION ITEM Finance Director ~ Page 1 of J · · · RESOLUTION NO. 96-10 A RESOLUTION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HEREINAFTER REFERRED TO AS "APPLICANT", DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE "APPLICANT' IN DEALING WITH THE TEXAS PARKS & WILDLIFE DEPARTMENT, HEREINAFTER REFERRED TO AS "DEPARTMENT", FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS RECREATION AND PARKS ACCOUNT GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM"; CERTIFYING THAT THE "APPLICANT" IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE "APPLICANT" MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE PROPOSED SITE OF THE GIRLS FAST PITCH SOFTBALL COMPLEX FOR PUBLIC PARK AND RECREATIONAL USES. WHEREAS, the Texas legislature has approved the "Program" (Section 24 of theParks & Wildlife Code) for the purpose of allowing the political subdivisions of the State of Texas to participate in the "Program"; and WHEREAS, the "Applicant" is fully eligible to receive assistance under the "Program"; and WHEREAS, the "Applicant" is desirous of authorizing an official to represent and act for the "Applicant" in dealing with the "Department" concerning the "Program"; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, : SECTION 1: That the "Applicant" hereby certifies that they are eligible to receive assistance under the "Program". SECTION 2: That the "Applicant" hereby certifies that the matching share for this application is readily available at this time.. SECTION 3: That the "Applicant" hereby authorizes and directs its City Manager to act for the "Applicant" in dealing with the "Department" for the purpose of the "Program", and Mr. C. A. Sanford is hereby officially designated as the representative in this regard. · · · SECTION 4: The "Applicant" hereby specifically authorizes the official to make application to the "Department" concerning the site to be known as for use as a park site. Introduced, read and passed by the affirmative vote of the "Applicant" on this 22nd day of January, 1996. APPROVED: Tommy Brown, Mayor City of North Richland Hills ATTEST: Jeanette Rewis, City Secretary City of North Richland Hills APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City City of North Richland Hills ~ ~ CITY 0 F NORTH RICHLAND HILLS Department: Economic Development Council Meeting Date: Resolution Supporting Fort Wort~ & Western ~ailroad's Efforts to Acquire Cotton Belt Railway Track Rights - Agenda Number: Resolution No. 96-04 1/22/96 Subject: GN 96-,11 The City of Grapevine recently requested your formal support for the Fort Worth & Western Railroad-- and its application to use the Cotton Belt Railway track right-of-way. As such, the attached resolution was prepared for your consideration. Acquisition of these rights will allow the locally-owned Fort Worth and Western Railroad to control scheduling, traffic volume, and speed along the line--as well as operate its Tarantula excursion train between the Fort Worth Stockyards and the Grapevine Depot. For almost two years now, we and Tarantula Train officials have discussed a potential North Rich/and Hills "water stop" (possibly at the Smithfield Depot) when passenger service to Grapevine begins. On November 19th, the Fort Worth Star-Tel'egram reported that a second company-South Orient Railroad--wants to use the track for hauling grain cars between Mexico and Dallas. South Orient officials were quoted as saying they would run trains" . . . every day, all day". Since then, we have received a number of calls from concerned citizens living near or along the Cotton Belt. While Fort Worth & Western Railroad plans to carry some short haul freight on the line, Grapevine officials believe that FWWR's acquisition of the Cotton Belt rights would "significantly reduce he potential for intrusion of transcontinental freight trains operating through our communities". Mayor Brown and Assistant City Manager Shiflet attended a meeting with representatives of other affected Cities several weeks ago-and are available to discuss the issue in greater detail on Monday night. Recommendation: It is recommended that the City Council consider action on this resolution. Finance Review Source of Funds: Bonds (GO/Rev.) _ Operating Budget .0 e Acet. Number Sufficient Funds Available ignature CITY COUNCIL ACTION ITEM Finance O.,.ctO( Page 1 of . . e RESOLUTION NO. 96-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS SUPPORTING THE ACQUISITION OF RAILWAY TRACKAGE RIGHTS BETWEEN WYLIE, TEXAS AND NORTH FORT WORTH, COMMONLY REFERRED TO AS THE "COTTON BELT" BY THE FORT WORTH AND WESTERN RAILROAD AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Fort Worth and Western Railroad began operating the Tarantula excursion train in 1992 within the city limits of Fort Worth for the purpose of enhancing tourism in the region; and WHEREAS, the Fort Worth and Western Railroad now desires to acquire trackage rights that will allow the expansion of the excursion train route to the Cotton Belt Railway between Fort Worth and Wylie, Texas; and WHEREAS, this section of track and right-of-way have become an eyesore and a source of citizen concern based on poor track and right-of-way maintenance; and WHEREAS, acquisition of these rights by Fort Worth and Western Railroad provides not only the opportunity for additional tourism infusion, but also a greatly improved commitment to care and maintenance of track and right-of-way; and WHEREAS, acquisition of these rights by Fort Worth and Western Railroad will provide for locally owned control of scheduling, traffic volume and speed; and WHEREAS, acquisition by Fort Worth and Western Railroad would reduce the likelihood of intrusion of transcontinental freight trains operating on this section of track without concern for local issues such as traffic volume, frequency of scheduling, noise and other concerns associated with transcontinental freight. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS: Section 1. That all matters stated in the preamble are true and correct and are incorporated herein as if copied in their entirety. Section 2. That the City of North Richland Hills desires to protect the interests of its citizens and enhance opportunities for local economic development by supporting the acquisition of trackage rights by Fort Worth and Western Railroad. , , e Section 3. That this resolution shall take effect from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS ON THIS THE day of , 1996. APPROVED: Tommy Brown Mayor ATTEST: Jeanette Rewis City Secretary e APPROVED AS TO FORM: Rex McEntire City Attorney e CITY OF NORTH RICHLAND HILLS ~ . Department: Administration Council Meeting Date: Little Bear Creek Flood Plain Control - Ordinance No. Subject: 2098 ( Repealinq Ordinance No. 2091) Agenda Number: GN 96-12 Ordinance No. 2091 was passed by Council on December 11, 1995 as GN 95-151. Subsequent to this approval, some property owners along Little Bear Creek affected by the ordinance voiced some concern. Staff organized further meetings with the property owners to clarify and explain terminology in the ordinance and consider their suggestions. 1-22-96 After two meetings with the these property owners, a revised ordinance is being submitted, repealing the old ordinance. This is required due to the many minor changes, which were agreed to by staff and the property owners. The new ordinance is attached showing the deletions crossed out and all recommended additions underlined. Concerns of the these property owners were addressed, with an agreement on the primary issues as follows: . 1. Reduction in the number of tributaries regulated by the ordinance as shown on the revised "Exhibit B". 2. Clarification of the options available to the developer for providing access to the corridor. 3. Elimination of the additional sidewalk/trail requirement. 4. Reducing the front building line set back from 35 feet to 25 feet. 5. Reducing the visibility and access triangular easement from 60 feet to 30 feet. 6. Exempting subdivisions and resubdivisions which have been previously approved or filed for approval. Upon conclusion of the meeting, these property owners indicated their approval of the changes contained in the revised ordinance. RECOMMENDATION: Staff recommends Council approve Ordinance No. 2098. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available .operating Budget _ Other - 0-" /I ¿¡If} c-+=-~ ~~~ Departm~d Signature CITY COUNCIL ACTION ITEM Finance D..dO, Ä Page 1 of -L- , . . . e ORDINANCE NO. 2098 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS REPEALING ORDINANCE NO. 2091; ESTABLISHING DEVELOPMENT STANDARDS IN APPROVAL OR DISAPPROVAL OF FUTURE PLATS WITHIN THE LITTLE BEAR CREEK DRAINAGE BASIN; DEFINING THE LANDS TO WHICH THIS ORDINANCE APPLIES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has adopted the Little Bear Creek Corridor Study, attached as Exhibit A, for reference, which establishes the preservation of and defines, the environmentally significant areas located in the of this creek corridor, and recommends establishing a flood plain control management ordinance to prevent the channelization of this corridor and to preserve its flood plain as a natural drainage way; and WHEREAS, the Little Bear Creek watershed is rapidly developing, which will increase the storm water di~charge and correspondingly increase the water surface elevation; and WHEREAS, the City Council has recognized the Little Bear Creek Corridor as an open space connector as a part of the Comprehensive Land Use Plan as well as part of the City- wide Trail System Plan; and WHEREAS, the City of North Richland Hills has identified a need to maximize adjacency of public streets thoroughfarcs to the creek corridor and its tributaries; and WHEREAS, the City of North Richland Hills recognizes the inherent beauty and value of the creek and development strategies which preserve it as a natural resource; and WHEREAS, the Little Bear Creek Corridor Boundary Map, attached as Exhibit B, presents a flood plain delineation for Little Bear Creek based on a fully developed watershed, and presents delineation of environmentally significant areas consistent with the development guidelines presented in the Little Bear Creek Corridor Study. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF NORTH RICHLAND HILLS, THAT: This ordinance shall be considered as guidelines for the Planning and Zoning Commission in approving or disapproving plats in that portion of the Little Bear Creek drainage area which is defined below, in the body of the ordinance and any exhibits thereto. The controls in the platting considerations, which are set out in this ordinance, are adopted as legislative and discretionary acts of the Council in prescribing regulations within a specified portion of the City which shall only apply to sub-divisions which are platted in the future under the platting function imposed by statute. These regulations so prescribed and enacted are: 1 ~ . . e Article 1 Purpose and Intent Section 100. Goals and Objectives The City of North Richland Hills recognizes the natural landscape along Little Bear Creek flood plain as a unique setting distinct to North Richland Hills. To ensure that this characteristic and quality are maintained and enhanced, these guidelines and this ordinance are established: A. To enhance drainage functions of the corridor while preserving the natural qualities of the creek. B. To create a linear greenbelt system that will complement and enhance adjacent development. C. To sUPP9rt the objective of maintaining a balanced and diverse landscape which promotes a rural character. D. To encourage parkways to run along the flood plain for public access and to maintain views. Section 110. Compliance with Flood Damage Prevention Ordinance No. 2061 Nothing contained herein shall exempt any development from the requirements contained in the Flood Damage Prevention Ordinance, as adopted and amended by the City of North Richland Hills. The requirements contained herein shall be in addition to any requirements contained in the Flood Damage Prevention Ordinance. Section 120. Delineation of Area Where Regulations Apply These regulations shall be applicable to all new subdivisions and re-subdivisions within the corporate city limits which are located in and within one hundred fifty (150) feet of the Little Bear Creek fully developed 100 year flood plain limits, and it's major tributaries, as identified on the Little Bear Creek Boundary Map. Section 130. Establishment of a Development Review Committee The City Manager shall appoint a Development Review Committee comprised of representatives of the Public Works Department, Planning Department, Parks and Recreation Department, and other staff as deemed appropriate, to review proposed subdivisions or re-subdivisions for consistency with this ordinance and the Development Guidelines identified in the Little Bear Creek Corridor Study and the Little Bear Creek 2 . . - Boundary Map, and make recommendations to the Planning and Zoning Commission. Article 2 Reclamation Options Within the Fully Developed Flood Plain Section 200. General Requirement The base flood elevation and flood plain used for design and planning shall be evaluated upon total storm water discharge quantities that will, through future urbanization, be generated from a fully developed watershed. Reclamation of land areas located within the fully developed flood plain of the Little Bear Creek Corridor and its tributaries are discouraged by these regulations. The drainage way of the creek and it's major tributaries shall be left in a natural state where possible to control erosive velocities, prevent excessive downstream discharges and preserve the natural effect of the stream. When a develqpment is proposed in the platting process, which intends to reclaim any portion of the fully developed 100 year flood plain, the requirements of this Article shall apply. Section 210. Reclamation of Flood Plain No portion of the fully developed 100 year flood plain shall be reclaimed unless all of the following criteria have been satisfied: A. It can be demonstrated that there will be no rise in the 1 DO-year frequency flood elevation for a fully developed upstream watershed. B. No environmentally significant area, as established in the Little Bear Creek Boundary Map, will be adversely impacted. C. Any flood plain remaining after final reclamation shall be designated in accordance with Section 220 of this ordinance. Section 220. Designation of Fully Developed 100 Year Flood Plain Where land is considered for development and reclamation or partial reclamation has been approved and accepted, or where no reclamation of the fully developed 100 year flood plain is proposed, the following alternatives shall apply: A. Any flood plain remaining after final reclamation shall be dedicated as a drainage and public access easement to the City to prevent further encroachment, allow public access, and assure proper drainage maintenance. 3 . . e B. Any flood plain remaining after final reclamation, if so desired by the applicant, may be dedicated by plat or fee simple title to the City. C. When a portion of the fully developed 100 year flood plain is contained within the limits of a subdivision plat, it shall be designated on the plat as a "Drainage and Public Access Easement" or, if so desired by the applicant, may be designated on the plat as dedicated to the City. D. Flood plain designation, as described in this article, shall be concurrent with the approval of final plat or replat in the statutory platting process. Article 3 Development Standards Section 300. Maximizing Public Exposure and Providing Public Access to the Flood Plain To thc maximum cxtcnt feasiblc, subdi'v'isions shall be designed so as to maximizc public exposure and prm/ide acccss to the flood plain corridor. C'v'cry nc'w subdi'v'ision or re subdi....ision shall pro'v'ide for public access to the flood plain and open space as follmvs: A. rublic Acccss shall be pro'v'ided by the alignment of continuous parallel streets along the frontage of the corridor, as demonstrated in figure 1 and 2 on Cxhibit C attached hereto. B. VV-hcn it is not possible to align continuous strccts, access points shall be provided through the use of cui de sac's opening onto the flood plain and loop streets paralleling the flood plain at minimum five hundred (500) foot intervals. C. Lots shall either front or side the flood plain. Cui de sac's shall open onto the flood plain, providing maximum public acccss. No lot shall back to the flood plain, unless when absolutely necessary due to engineering constraints or upon r'Ccommcndation of the DC'v'elopment Re'v'icw Committee. To the maximum extent feasible. subdivisions shall be designed so as to maximize public exposure and provide access to the flood plain corridor. Every new subdivision or re- subdivision shall provide for public access to the flood plain and open space by the alignment of streets along the frontage of the corridor as demonstrated in Figure 1 on Exhibit C attached hereto. When it is not possible to align streets along the corridor, access points shall be provided through the use of cUI-de-sac's opening onto the flood plain and loop streets paralleling the flood plain. Lots shall either front or side the flood plain. Cul-de-sac's shall open onto the flood plain, 4 . . e providing maximum public access. No lot shall back to the flood plain. unless when absolutely necessary due to engineering constraints or upon recommendation of the Development Review Committee. Section 310. Residential Street, Access, and Visibility Easements The development requirements of this section shall apply to every new subdivision or re- subdivision of property located within the Little Bear Creek Corridor. A. Lots located on Residential streets and Minor Collector streets shall provide a minimum twenty-five (25) thirty five (35) foot front building line to retain and enhance the natural qualities of the corridor, reinforce the development image, and create a continuous road edge. B. Visibility Sight Triangles, as shown in Figure 2 on Exhibit C attached hereto, are required. No fence, screening wall, sign, structure, hedge, tree, or shrub shall be erected,_planted or maintained in such a manner so as to obstruct or interfere with a clear line of sight of the drivers of approaching motor vehicles within a visibility sight triangle. Within this triangle, vision shall be clear at elevations between thirty inches and nine feet above the average curb grade. On corner lots where two C2U Minor Collector streets intersect, or where a C2U Minor Collector street intersects with a R2U Residential street or larger, the triangular area shall be formed by the greater of either (1) extending the two curb lines from an imaginary point of intersection a distance of thirty-five feet and connecting these points with an imaginary line, thereby making a triangle, or (2) extending the property lines, from their point of intersection, a distance of fifteen feet and connecting these points with an imaginary line, thereby making a triangle. In cases where streets do not intersect at approximately right angles, the Public Works Director shall have the authority to vary these requirements as deemed necessary to provide safety for both vehicular and pedestrian traffic. However, sight distance shall not be required in excess of 275 feet. C. North Tarrant Parkway and Davis Boulevard shall have a minimum 30 6G foot visibility and access triangular easement, as shown in Figure 3 on Exhibit C attached hereto, adjacent to the right-of-way line within the limits of the corridor as described in Section 120 of this ordinance. Section 320. Sidewœlk Requirements Sidc'lJallŒ shall be required along all residential streets within the corridor, including the open space along the Little Bear Creek flood plain. SidewallŒ along the open space 5 . . e frontage of the Little ßcar Crccl< flood plain shall be constructed as a parallel to the street meandering 10 foot concrete trail, as sho'wn in Figure 5 on Exhibit C. Article 4 Severability Clause That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any 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 or any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Article 5 Effective Date That this ordinance shall be in full force and effect from the date of passage and approval, and shall in no way effect subdivisions which have been previously approved or filed for approval. Ordinance No. 2091 is hereby repealed and replaced by this ordinance. PASSED AND APPROVED this the _ day of ,1996. APPROVED: Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City 6 . . e "EXHIBIT A" A Development Guide for the LITTLE BEAR CREEK CORRIDOR N®RTH RICH LAND HILLS Newman, Jackson, Bieberstein, Inc. Urban Planning and Landscape Architecture Dallas, Texas . . . ,~- '" .... () .... cc ~ n ;f .... C') 0 """I: Iþ <' '" þtj 0( 0 (þ ;- ~ C\ (J')m --(j ;:'IQ ." ~;>I: ,. -.= 0 0 ... ï c: Iþ '" I~ > (0< ÞOO-4 (þ ....... Q. .. .., 0'" 01 0 Z ........ :¡: .. n .. .... ;:; ¡; ... o ::!. 0.. "C m ::r: ~ ~ Iª 0 -. 0..0.. VI (þ ,.::-........ - .. :::$ C) . a.. .. ! I Z n= 0 ::r: ;¡ 0 _M'! ;; ., .( 013 ÞOO-4 i: ¡:~ '" ... (þ Iþ ,. '" 01 QJ () .. n ,f¡; ¡:: =(þ -. !:!.~ m r r þtj .. ~ > .....= ::I -. r- '< rJ: """I: 3 t;Þ ::! >: ::I :10 ::I > Þ-3 0 0 '" -I: Z "< CC to.) c- '" !'I j z '" ...- (þ ~ (þ :I VI (Jj ::r: """I: ... '" 0.. Z (þ -' -< g,¡ C U\ .. g,¡ """I: .¡;¡ ... .... eo ~ "" -' ;¡: " ... QJ 0- . fí '< U '" ... QJ a.. """I: .¡;¡ "" 0 \/I ""0 """I: e "EXHIBIT C" e u~ L "'COlt [ ~l [ r L-. [ . Figure 1. Typical Street Alignment Along The Corridor ~EXI:fIBIT C" e VISIBILITY TRIANGLES M«1sur. al curb Ii". or prop.ørty ,/".. :1 I I I I I L____ - - - - ,.- I UT(l,IZATION OF VISlISlLlTY TRIANGLES I I FOR ALL ROADW A Y L"TJ~R..c.¡Ec..TI()NS I IUU I C1U I C4U I M4U ! ~ISU I Moat> I 1\1'0 NilS I IUU 1 1 J / / J 1 Cll 1 2 2 2 2 2 C..U 1 2 J J J M4U I 2 ! 1 J .3 I M51J J 2 J .1 J I M4U J :z J J J I AKO J 2 J I' ~, J I _.. -0'- ._. __. 1'6D J 2 3 J ----...I ....:~?..!2 ... :~";fÅ.v;;/)~J;;' ;.i I Triangle ~ I Pro,»fty LIIftI I Curb U,. I I I L_ _ _ __ Noc,,: ,",ulabcr. relet lU~ppl'alX'lalO.tr:.will3. -- + . No renœ. screenil1g wall. billboard, sign. structW'C. hedge. tree. or shrub shaH be erected, planted or m...ûutained in sucb a manaer so as to interfere with a cleat Ime 0 f sight at cJevatioos between tbirty (30) inches and nine (9) feet nbove Ibe average curb grade. (See Section 6(0) ----ì I , I I 2 ~ Pr,..ny ,-I"" .. I I I ...J I I I I I L _ _ _ __ - - + . - - --, I I Figure 2. Visibility Sight Triangle 3 e . . "EXHIBIT C" Figure 3. Visibility and Access Easement - Davis Blvd. and North Tarrant Pkwy. CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Approve Speed Zone Change on Davis Blvd. (FM 1938) - Subject: Ordinance No 2097 Agenda Number: 1/22/96 GN $-13 The Texas Department of Transportation (TxDOT) has requested the City lower the speed limit on Davis Boulevard from the north City limits south to a point approximately 750 feet south of North Tarrant Parkway during the reconstruction period. The current speed limit is 55 mph and TxDOT is proposing it be changed to 45 mph. The Police Department and the Public Works Department concur with TxDOT's proposal. Recommendation: Staff recommends Council approve Ordinance No. 2097. Finance Review Acct. Number Sufficient Funds Available Signature CITY COUNCIL ACTION ITEM ~ Finance Director Page 1 of £-I-/$T1IJ(;> 55MPl+ P~PÐ~eo 4SMPIo!- , - . --1- k 'H ¡t~Q'" ~R~ I Ilf p,"~ /I j\.'\~ i~~ i\\ ~Oj\. It'I LSO.'J. . .-.".,j~ Of. . ~ ~ c::a .... .... \ ì '> -- . ,.., -J c::a Q; Q CRE¿",'I -' ... J STARh;;l~ ~~ ~ ... ~\ \- I.." ~ - I.." t..: Q; ::"1 1 I ~ I ---D- L.... r- ~ I 1 I : J ... ... I.." ~ - I.." _ t..: Q; ::.. . . . ORDINANCE NO. 2097 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION 167 AND 169 OF ARTICLE XIX, RC.S. 6701d, UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION UPON FM 1938 (DAVIS BOULEVARD), WITHIN THE CORPORATE LIMITS OF THE CITY OF NORTH RICHLAND HILLS AS SET OUT IN THE ORDINANCE: AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200.00 FOR VIOLATION OF THIS ORDINANCE. WHEREAS, Section 167 and 169 of Article XIX, RC.S. 6701d, Uniform Act Regulating Traffic on Highways, provides that whenever the governing body of the City shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway, with the City taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway. now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Section 167 and 169 of Article XIX, RC.S. 6701 d, Uniform Act Regulating Traffic on Highways the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof, described as follows: A prima facie speed limit of 45 miles per hour is established on FM 1938 (Davis Boulevard) from a point (Station 146+00) 750 feet south of the centerline of North Tarrant Parkway north to the north City limits line (Station 105+20). Ordinance No. 722 regulating prima facie speed limits for FM 1938 (Davis Boulevard) is hereby amended to reflect this change. Section 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not more than two hundred dollars ($200.00). . . . Ordinance No. 2097 Page 2 This ordinance supersedes all previous ordinances pertaining to the portion of the referenced highway described above. PASSED AND APPROVED, this 22nd day of January, 1996. APPROVED: Mayor Tommy Brown ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City CITY OF NORTH RICHLAND HILLS . Department: Administration Council Meeting Date: 1/22/96 Subject: Design Modifications and Changes to City Hall Complex - l;nange Urder No. b Agenda Number: GN 96-14 Change Order NO.5 for the City Hall Complex construction consist of modifications and changes that have come to our attention during the actual construction phase. This change order incorporates minor changes in a number of areas and are necessary to construct the building to function properly when occupied. The changes in this order include the following: Millwork Modifications Plumbing and Electrical Items HV AC Duct Relocations & Vent Modifications Sawcutting Pavement Modifying Floor Layouts, Finishes and Door Frame Locations Creation of Storage Rooms under Stairways . The changes requested in this Change Order will add $38,973.54 and eighteen additional days to the contract with R. C. Small & Associates. These changes have been coordinated through our architect. Recommendation: It is recommended that the City Council approve Change Order No. 5 in the amount of $38,973.54 with an additional eighteen days added to the contract time. Finance Review Source of Funds: 13-70-94-6000 Bonds (GO/Rev.) Ie .:.:>perating Budget _ Ot£ C~ . / Depa~ CffY COUNCIL ACTION ITEM Flnence Dw.eto, Page 1 of . . e CHANGE ORDER OWNER ARCHITECT CONTRACTOR FIELD OTHER ex ex ex o o AlA DOCUMENT G70l PROJECT: Additions & Alterations to the '(name address) City of North Richland Hills , Menicipal Building TO CONTRACTOR: (name, address) CHANGE ORDER NUMBER: Five (5) DATE: January 9, 1996 ARCHITECT'S PROJECT NO: 94-08-384 CONTRACT DATE: March 10, 1995 CONTRACT FOR: General Construction R. C. &naIl & Associates, Inc. 2254 Royal Lane, Suite 100 Dallas, Texas 75229-3309 The Contract is changed as follows: M:>dify the Scope of the Project as directed by the following Architect1s Change Proposals and/or Supplemental Instructions: (SEE ATTACHED PAGES 2-4) Not valid until signed by the Owner, Architect and Contractor. Theorigln:1l(COnlr:lctSum)~w:IS....................... .S Net change; by previously 2uthorizcd O\ange Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S The (Contr:lct Sum) ~ prior to this Change Order was. . . . . . . . . . S The (COnlr:lct Sum) (~ will be (incr~::lSCd)~ (~ by this Ch:mge Order in the :uTlOunt of . . . . . . . . . . . . . . . . . . . . . . . . . . . . S The new (COntr:lct Sum) ~ including thi.~ Change Order will be .. J 2,200,000.00 223,601.00 2,423,601.00 38,972.54 2,462,573.54 The Contr:lct Time will be (incre3SCd)~ eighteen The d2te of Substantial Completion as of the d:lte of this Change Order therefore is April 2, 1996 (18 ) Ú;¡rs. NOTE: This summary uocs nOI n:n~"C1 ch:lngcsln Ihe COnlt:IC.1 Sum, Co.lnlr.lcl Time or Gwr.lluced Maximum I'riœ which haw h.:cn aUI~'uri;f.~...1 h,· Con.slfuction Ch:lngc: DlrC:<.1Ì\'c. . . Byron Folse Associates, Inc. AKCIIITE(,ì' 2275 Westpark Ct., #200 R. C. &nall & 'Associates, Inc. City of North Richland Hil CONTf(A(,TOlt ()WN~1i.. 2254 Royal Lane, #100 .P.O. Box 820609 ^dúr~-s.~ North Richland Hills, Texas 76182-0609 BY ^uúrcs.~ / Dallas Texas 75~ BY /¿/;:?~~~ //~ BY D~' /- 1:7- 51¿ DAT" AlA DOCUMENT 0701 . CHANGE ORDER . 1987 EI>ITION . AlA- . (è) 19t17 . TilE AMERICAN INSTITUTE OF ARCIIITECTS. 17j<; NEW YORK AVE., N.W., WASIIINGTON, U,C. 21X)o6 G701-1987 · · · - Page -2- CO #5 NRH Municipal Bldg. SUMMARY OF CHANGE ORDER 5 ITEMS ITEM STATUS/COSTITIME A. Proposal Request No. 6 - Dated 80-28-95 1 . Modify paving and masonry fence Add Ornamental Iron & Concrete walk 2. Misc. Millwork Modifications 3. Misc. Plumbing & Electrical Items RE: General Contractor's Proposed Change #3 & 7 Revised. TOTAL $ 8,986.01 RE: General Contractor's Proposed Change #7 Rev. B. Architect's Supplemental Instruction #7 -Dated 10-27-95 1. Relocate duct shaft. (Total includes Contractor's Proposed Change #13 Item #1-Misc. Related Steel Framing.) $ 1,218.00 2. Sawcut Paving in lieu of Patching. Rejected Re: General Contractor's Proposed Change #8, #13 Item 1. C. Proposal Request No. 7 - Dated 10-13-95 1. Modify 2nd Floor Layout, Modify Finishes, Relocate, Change Door 76. $18,410.00 RE: General Contractor's Proposed Change #7 Rev. e e e . Page -3- C.O. #5 NRH Municipal Bldg. D. Proposal Request No.8 - Dated 11-8-95 1. Misc. Architectural Items - Includes Credit for Substitution of Stainless Steel/Painted Add 15 days Handrail/Guardrail ( $8,914.00) 2. Modify Grills/Ducts in Council Chamber. Put in Item H RE: General Contractor's Proposed Change #8 and #9. E. Architects Supplemental Instruction #8 - Dated 11-10-95 Extend gypsum sheathing behind plaster fascia. Add 1 day $ 1,319.53 Re: General Contractor's Proposed Change #10 F. Misc. Items: 1. Remove (2) Trees $ 1,500.00 2. Re-route cold water piping Add 2 days $ 520.00 RE: General Contractor's Proposed Change #12 3. $ 295.00 Relocate roof hatch-Additional framing RE: General Contractor's Proposed Change #13 G. Architect's Proposal Request #9 - Dated 11-22-95 1. Create Storage Rooms under (3) stairs-Without additional fire sprinklers. $ 9,206.00 2. Additional fire sprinklers in (3) storage rooms. $ 355.00 ,e '. - . Page -4- CO #5 NRH Municipal Bldg. H. Architect's Proposal Request #10 - Dated 11-30-95 1. To provide a metal stud/gyp.board return air chase in lieu-of ducted return air in (1) Council Chamber location. Revise shape and location of (2) rIa grills. $ 3,263.00 2. To provide a Time Capsule. $ 980.00 3. To provide a HM Door & Frame to provide a Roof Access Door. $ 1,834.00 TOTALS: $38,972.54 ADD 18 DAYS .. e NORTH RICH LAND HILLS MEMO TO: Randy Shiflet, Assistant City Manager FROM: Thomas Powell, Support Services Director SUBJECT: Change Order # 5 DATE: January 22,1996 A. 1. Extended length of masonry fence using ornamental iron. Added two foot wide concrete paving under ornamental iron for maintenance purposes. $6,867.73 to come from Parks funding. 2. . 3. B.1. Changes to millwork per user departments to address individual needs. Misc. Electrical & plumbing items approximately $800. Duct shaft would not work the way it was engineered and shown on drawings. C. 1. Changed 2nd floor layout to accommodate Administrative Staff. Add new work/copier room. Add stove top in break room. D.1. Original savings from not using brass railing. $15,000. Should be an additional credit of $4,200 to be added to the $8,900. E. Architecture oversight in ceiling area of Council room. F.1. Removed oak tree that was too close to new building. Remove one tree near street that was dead. 2. Reroute main water pipe that engineering showed running across top portion of lobby. 3. Relocated roof hatch from janitorial closet to 2nd floor mechanical room per Thomas Powell. e · Page 2 · · G. 1 & 2 H. 1. 2. 3. Closed in additional storage space under stairs. Includes fire rated sheetrock, fire rated doors, electrical lighting, and fire sprinklers. Changes in HVAC return air ducts in Council area due to engineering problems. Time capsule steel box to be built in brick wall at main entrance to new City Hall. Fire rated door from 2nd floor storage room to roof of old City Hall as requested by City. f CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: , Abandonment of Charles Koad Klght-of-Way Subject: (Block 2, Thompson Park Estates) - Ordinance No. 2099 Agenda Number: 1/22/96 GN 96-15 Thompson Park Estates, Block 1 and 2, was platted in 1956 as a residential subdivision. The majority of the subdivision, except for lots fronting on Precinct Line Road and Martin Drive, was vacated and abandoned by Council on 12/8/69, Ordinance No. 280. Charles Road is a 60-foot wide strip of street right-of-way between two of the lots on Precinct Line Road. This section of road was never constructed. Mid-Cities Boulevard now runs through the vacated and abandoned portion of Thompson Park Estates and intersects Precinct Line Road, just north of the Charles Road right-of-way. Birdville Independent School District (BISD) purchased the old Thompson Park Estates acreage south of Mid-Cities Boulevard in order to build a new high school. The adjacent lot owners would like to purchase their half of the Charles Road right-of-way for $1,000 each. BISD indicates they have no current or future need for the right-of-way into their property from Precinct Line Road. Recommendation: Staff recommends Council approve Ordinance No. 2099 vacating and abandoning the dedication of Charles Road right-of-way, retaining a ten foot utility easement along the west end and authorize the Mayor to sign Special Warranty Deeds to each of the adjacent property owners. Source 01 Funds: Bonds (GO/Rev.) Operating Budget Othe Acct. Number Sufficient Funds Available ent Head Signature CITY COUNCIL ACTION ITEM Finance Dir.dot L~ City Manager Page 1 01 N ,.,., .~ o N :I ~~ ....,,~ %>-0: fJ1:5""zw -<a..W&..lZ )( Þ-uo .....w. N ...~~~ "'00: "'0:0 8% U . ! 0 crt TI - M¡9P . I~~:~: ~.;' " \~., '0 II rj ¡." ~ ~~., i?l; ,~\\ \ 12 '.' I.l;..~",' ~_ DR ~. \ ".' i I ,. 2 - - - -_ .____ ,~ \ . I ]111.( '. ~.. ... 1 I~ :~ ~ " ;- i·.. '" TR 20 811 AC ,.. ¡- "i ~ WAYNE LN"", . i fA :P ,':.31 .&C :,~ r i " '''.IoCt 42 !S.2J 0 17 ,. '" 2 ~,989 to<: 2 'It "A2C 1.J9" 0 '/ ,/ / / / / / - / / /' rH 1 f'/O~COU -..--- TI' .C 19168 . ''lACT . ~'9 0 '2 TR ~8 ;9./ 1 ~ A<: " . / '6 3 I~ % ,~ It " ~. i. z I ¡¡¡ '" IJ 'y ~ . ... ,/ -;/ "'Yo '-/ f,. ~~ 1019' 'c TR .. 1)"0 At . D~ ~ ;..-- \ ,.LI(e:~ ~ L,C, st~"gz ,.~.1'0 / r. ~ '.311 AC J'4 0 / / / / I Þ. -- ~p. í. "~"e:'I SLJ Zo þ.- ~ ;-..J I ¡ li ,/_ ..J 1.212. / ./ / / ~ j ( I ì I Ii r .0::::7 ¡J U ['~ ErIC A7HL ~) ~ pLEX COM Tilt .C2 229 A(; r. 6' - -----~-- -- -- ---- --~- . . . ORDINANCE NO. 2099 WHEREAS, a portion of Charles Road right-of-way in the City of North Richland Hills, Texas, originally dedicated as part of Block 2, Thompson Park Estates, was never built as a public street and will not be needed as a public street; and WHEREAS, the City Council finds that the dedication of such portion of Charles Road right-of-way should be vacated; and WHEREAS, the portion of the dedication of Charles Road right-of-way being vacated by this Ordinance has been surveyed and divided by metes and bounds description into two (2) separate tracts identified as Tracts "A" and "B" in special warranty deeds from the City of North Richland Hills, Texas to the adjacent property owners; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. That portion of the dedication of Charles Road right-of way in the City of North Richland Hills, Tarrant County, Texas, as set out above, be and is hereby vacated. 2. The Mayor be and is hereby authorized to execute special warranty deeds from the City to the following persons: 1. Tract "A" to Michael Bowman, William K. McFee, Walter N. Snider, William D. Souder 2. Tract "B" to C. Ken Cummins, Kerry McCombs and Paula Turner; retaining a 10 foot utility easement along the west end of each tract. PASSED AND APPROVED this 22nd day of January, 1996. APPROVED: ATTEST: Tommy Brown, Mayor Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City '-..J :r: ~ u ' Q:J '2. ,- \"- I~ ~ \~~ lO I... ~ \~S \~ 2 s'- ~ Li~¡ ~\ G \ \~ ,U I U) I~ I ~ ~ I -\ 5' ! ' \ ;. J: ~ J; :i -, j' S¡ . \ \. . :>: '\1' o o' .<.., D¡ 0 þ( 00 r¡,.'" I ~ ", ;>. ..,L I;r '<0',' , ~ .. "o~ " " ~.." ...." ~,.,;, "" (.~~ Utilih:i Eas~mc,:t ____ _ -Ä-À 4CD8. 'i WEST IlIì.7 27 2. <It ~ -. LOTS 15 THRU 27, BLOCK I Be ALL . OF BLOCK 2 THOMPSON PARK ESTATES ( T. K MARTIN SURVEY) AN ADDITION TO SMITHFIELD TARRANT COUNTY, TEXAS I SURVEYED APRI L . 1956 BY FRANK H. PAY.ftE ~ ASSOC. ~"'.' CIVIL ENGINEERS - SURVEYORS Pn '/ - ))0-0.:5 . ' 1 CITY OF NORTH RICHLAND HILLS ~ Department: Finance / Fire Department Council Meeting Date: 1/22/96 Subject: Award Annw:¡1 r.nntr;::¡r.t for J:ïn:=!fiohtPr Rllnker Gp8r Agenda Number: PU 96-05 In the 1995/96 approved budget Council appropriated funds for the purchase of firefighter bunker gear. Formal bids were solicited for an annual contract to supply this gear and the results are outlined below. Tex Star Fire Services, Inc. Casco Industries 11.1?;¡gQQ $16,319 Bidders were requested to submit bids for twenty sets of bunker gear. A set consists of one coat and one pair of pants. Tex Star Fire Services met all the specifications and general conditions of the bid and can deliver the requested gear within 100 days from date of order. The prices submitted in their bid will be held until October 1, 1996 for additional purchases that may be required this budget year. Recommendation: It is recommended City Council award the contract to supply Firefighter bunker gear to Tex Star Fire Services and approve the purchase of twenty sets in the amount of $16,200. Finance Review Source of Funds: Bonds (GO/Rev.) Jj;¡9 aUd:;' '!i ~ ---- /l .I. ~t HJQ{~nature CITY COUNCIL ACTION ITEM 01-90-04-2200 Finance O..etor Page 1 of ~ CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 1/22/96 Subject: Agenda Number: PU 96-06 Approve Pllrch~~e nf ~I Jrrlie~ from Xerox Cnrrnr~tinn At the October 20, 1995 meeting Council awarded the contract for twelve copy machines to Xerox Corporation (PU 95-70). These machines are located in various departments throughout the City. The City received special pricing for supplies such as toner, copy cartridge and staples as part of this contract. Additional money can be saved by ordering these supplies in large quantities. This order should provide sufficient supplies to last through October 1, 1996. These supplies should be ordered through Xerox to be compatible with all the equipment. Fundinq Source: 01-50-01-2300 01-60-04-2900 02-11-01-2900 01-13-03-2300 01-80-02-2300 01-80-07 -2300 $2,442 358 358 540 1,~76 826 $5,600 ----- ----- Recommendation: It is recommended City Council authorize the purchase of supplies from Xerox,Corporation in the amount of $5,600. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget X- Other Finance Director See Above ~ Department Head Signature CITY COUNCIL ACTION ITEM Page 1 of CITY OF NORTH RICHLAND HILLS Department: Finance /Information Services Council Meeting Date: 1/22/96 Subject: Aw;:¡rd Rid for r.ity H:::!II l";:::!h1ina Project Agenda Number: PU 96-07 Formal bids were solicited for voice and data systems cabling for the City Hall expansion project and the existing City Hall building. The results are outlined below. Data Star Computer Service m~g:;gª:1::::: Hughes Technical Service $24,957 Advanced Connections, Inc. F 0 T DataCom $25,157 $29,604 $33,194 $64,824 Southwestern Bell Telecom Fishel Company This project shall be a coordinated effort between the successful bidder for this project and various contractors currently working on the City Hall expansion. Completion of this project will take approximately four months. Data Star Computer Service met all the specifications and general conditions of the bid and confirm they can complete the project within the requested four months. Recommendation: It is recommended City Council award the bid for the City Hall cabling project to Data Star Computer Service in the amount of $22,231. Finance Review ~-¡)~~ ~ ~ De rtment Hea Si ature CITY COUNCIL ACTION ITEM 16-01-05-6470 Source of Funds: Bonds (GO/Rev.) Operating Budget --X- Other Finance Director anager Page 1 of Finance Review Source of Funds: 06-01-03-6600 Bonds (GO/Rev.) _ Operating Budget .JL.Q Other ~ ~ ¡JJ ~~-- Department Head Signature CITY COUNCIL ACTION ITEM ~ CITY OF NORTH RICHLAND HILLS Department: Finance / Support Services Council Meeting Date: 1/22/96 Subject: Agenda Number: PU 96-08 Award Bid for r.nnr.rp.tp. S::!w In the 1995/96 approved budget Council appropriated funds for the purchase of a concrete saw to be used by the Public Works Street Division. Formal bids were solicited for a Target concrete saw and the results are outlined below. Moody-Day, Inc. :~if"'8'·'·#'3""" øj~(~r.....:it:...: A-1 Rental $8,505 This equipment will replace a unit that was purchased in 1986. Moody-Day, Inc. met all the specifications and general conditions of the bid and can deliver the new equipment in three days. Recommendation: It is recommended City Council award the bid for a Target concrete saw to Moody-Day, Inc. in the amount of $7,873. Finance Director Page 1 of I CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Department Council Meeting Date: 1-22-96 Subject: Professional Services Agreement - City Park Agenda Number: PU 96-09 The 1996/96 Parks and Recreation Facilities Development Capital Improvement Program included a design budget of $250,000 for design of the City Park. The project includes four lighted baseball fields, practice fields, restroom and concession building, multi-use trail, playground, pavilion, picnic facilities, nature trails, nature learning stations and living material center building, entry lake, connection to the Calloway Branch trail, and associated parking, landscaping and irrigation. Staff solicited Requests for Proposals from the following 8 firms for design services to include master planning, preparation of a TPWD grant application for the July 31, 1996 submittal, and preparation of plans and specifications for construction of the park: Newman, Jackson, Beiberstein, Inc. Mesa Design Group Urban Resource Group Jones and Boyd, Inc. Brinkley/Sargent Architects J.T. Dunkin and Associates Carter - Burgess HOK . Proposals were received from Carter-Burgess, J.T. Dunkin and Associates, and Jones and Boyd, Inc. After a through review of the proposals, staff recommends that the City Council contract the professional services of J.T. Dunkin and Associates for the requested design services, based on their previous experience, experience of their subconsultants, reputation of the firm, and similar project experience applicable to this project. J.T. Dunkin was the consultant for the recently completed Green Valley Community Park and Soccer Complex. Staff has negogiated a contract with J.T. Dunkin and Associates for the requested services in the amount of $228,000. Funding in the amount of $250,000 was allocated for design of the City Park and the baseball fields. RECOMMENDATION: It is recommended that the City Council authorize a contract for professional services with J.T. Dunkin and Associates for the preparation of the development plan and construction documents for the City Park. ATTACHMENT Finance Review Source of Funds: 09-92-16-6000/09-92-25-6000 Bonds (GO/Rev.) Ie Operating Budget _ .ther _ ~ /' FlnanceDlreclor ~~:--~90' ."~ ~ Department Head Signature City Manager CITY COUNCIL ACTION ITEM Page 1 of ~ · · · CONTRACT FOR LANDSCAPE ARCHITECTURAL SERVICES This CONTRACT is made and entered into this day of , _ by and between the CITY OF NORTH RICHLAND HILLS, TEXAS, hereinafter called the CITY and J. T. DUNKIN AND ASSOCIATES, INC., a corporation hereinafter called the LANDSCAPE ARCHITECT. RECITALS This CONTRACT is applicable to the furnishing of landscape architectural/park planning services by the LANDSCAPE ARCHITECT for a 100 acre park (the "Project"). CONTRACTUAL UNDERTAKINGS SECTION I EMPLOYMENT OF LANDSCAPE ARCHITECT I. Employment of the Landscape Architect The CITY hereby agrees to retain the LANDSCAPE ARCHITECT to perform professional landscape architectural services in connection with the Project; LANDSCAPE ARCHITECT agrees to perform such services in accordance with the terms and conditions of this Agreement. II. Scope of Services The parties agree that LANDSCAPE ARCHITECT shall perform such services as are set forth and described in Exhibit "A", which is attached hereto and thereby made a part of this Agreement. The parties understand and agree that deviations or modifications in the form of written change orders may be authorized from time to time by the CITY. SECTION 1/ AUTHORIZATION OF SERVICES No professional services of any nature shall be undertaken by the LANDSCAPE ARCHITECT pursuant to this contract until LANDSCAPE ARCHITECT has received written authorization to proceed from the CITY. · SECTION III PERIOD OF SERVICE This contract shall be effective upon execution by the CITY and LANDSCAPE ARCHITECT, and shall remain in force until terminated under the provisions hereinafter provided in Section XII. SECTION IV COORDINATION WITH THE CITY The LANDSCAPE ARCHITECT shall hold periodic conferences with the CITY, or its representa- tives, in an effort to benefit from the CITY'S experience and knowledge of existing needs and facilities, and so as to make the Project design as consistent as is reasonably practicable with the CITY'S current policies and construction standards. To implement this effort, the CITY shall make available to the LANDSCAPE ARCHITECT for use in planning the Project, all existing plans, maps, field notes, statistics, computations and other data in the CITY'S possession pertaining to existing facilities which the CITY might believe could have any relation to the Project. LANDSCAPE ARCHITECT may rely upon the accuracy and completeness of such plans, maps, field notes, statistics, computations or other data provided by CITY to LANDSCAPE ARCHITECT. SECTION V COMPENSATION AND METHOD OF PAYMENT · The parties agree that LANDSCAPE ARCHITECT shall be compensated for all services provided pursuant to this Agreement in the amount and manner described and set forth in the Payment Schedule attached hereto as Exhibit "B" which is thereby made a part of this Agreement. Landscape Architect further agrees that it will prepare itemized statements as described in said Exhibit "B." SECTION VI LEGAL REQUIREMENTS The LANDSCAPE ARCHITECT will advise and assist the OWNER in the need and in applying for licenses or permits required by law and will comply with ordinances, laws, orders, rules and regulations which pertain to its services hereunder. However, nothing contained herein shall alter the fact that the OWNER shall be responsible to pay all costs or fees associated with any licenses and permits required by law. OWNER shall also have the sole responsibility to obtain all licenses or permits required by law so as to legally authorize construction of the improvements contemplated by this contract. · 2 · · · SECTION VII STANDARD OF CARE The LANDSCAPE ARCHITECT will perform and complete its work in a good and workmanlike manner. The LANDSCAPE ARCHITECT shall not, either during or after the term of this Agreement, disclose to any third party, any confidential information relative to the work of the business of the OWNER, without the written consent of the OWNER, except to the LANDSCAPE ARCHITECT'S subcontractors. The OWNER'S representative shall at all times have access to the work for the purpose of inspecting the work and determining that the work is being performed in accordance with the terms of this Agreement. SECTION VIII INDEPENDENT CONTRACTOR RELATIONSHIP In performance of the services hereunder, the LANDSCAPE ARCHITECT shall be an independent contractor with the sole authority to control and direct the performance of the details of the work. The LANDSCAPE ARCHITECT is self-employed, shall not report to be an employee or, an agent of the OWNER and shall not have any right or power to bind the OWNER to any obligation not otherwise specifically authorized in writing by the OWNER. The LANDSCAPE ARCHITECT shall provide its own premises for performance of its duties hereunder, but shall have free access to the premises of the OWNER and any information, records and other material relevant to its work hereunder. SECTION IX INSURANCE The 1..A-NDSCAPE ARCHITECT shall provide a certificate reflecting its coverage by worker's compensation insurance and public liability insurance to the CITY for bodily injury and property damage in the following amounts: $250,000.00 for each person/ $500,000.00 for each single occurrence for bodily injury or death/ $100,000.00 for each single occurrence for injury to or destruction of property. The LANDSCAPE ARCHITECT agrees that such coverage shall be maintained during the term of this Agreement. In the event that the limits of liability imposed on municipalities are increased by the Legislature of the State of Texas, the parties agree that the LANDSCAPE ARCHITECT shall increase the coverage and limits of liability required by this agreement to conform to the liability limits established by the Legislature of the State of Texas. 3 · · · SECTION X PROGRESS MEETINGS LANDSCAPE ARCHITECT or it's designee agree to attend all progress meetings scheduled by CITY, and at such meetings will endeavor to outline work accomplished and identify any special problems or delays known to LANDSCAPE ARCHITECT which are encountered in connection with the Project during the previous report period, as well as planned work activities and special problems and delays anticipated for the next report period. SECTION XI OWNERSHIP OF DOCUMENTS All documents including Master Plans and Drawings prepared or furnished by the LANDSCAPE ARCHITECT (and LANDSCAPE ARCHITECT'S independent professional associa~es and consultants) pursuant to this contract are instruments of service with respect of the Project. The CITY shall retain ownership and property interest therein, whether or not the Project is completed, upon full and complete payment by CITY to LANDSCAPE ARCHITECT for the cost of the plan prepared as defined in Exhibit A. SECTION XII TERMINATION Either party to this contract may terminate the contract by giving to the other party thirty (30) days notice in writing. Upon delivery of such notice by the CITY to the LANDSCAPE ARCHITECT, the LANDSCAPE ARCHITECT shall discontinue all services in connection with the performance of this contract and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this contract. As soon as practical after receipt of notice of termination, the LANDSCAPE ARCHITECT shall submit a statement, showing in detail the services performed under this contract up to the date of termination. The CITY shall then pay the LANDSCAPE ARCHITECT within fifteen (15) days that proportion of the prescribed charges which the services actually performed under this Contract bear to the total services actually performed under this Contract less such payments on account of the charges as have been previously made. Originals of all completed or partially completed planning, designs, plans and specifications prepared under the contract shall be promptly delivered to the CITY upon termination. SECTION XIII ENTIRE AGREEMENT This agreement contains the entire agreement between the parties covering the subject matter. No modifications or amendments shall be valid unless in writing and signed by the parties. 4 · · · SECTION XIV SEVERABILITY In case anyone or more of the provisions contained in the Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. SECTION XV PERFORMANCE This entire Agreement is performable in Dallas County, Texas, and the venue for any action related, directly or indirectly, to this Agreement or in any manner connected therewith shall be Dallas County, Texas, and this Agreement shall be construed under the laws of the State of Texas. SECTION XVI SUCCESSORS AND ASSIGNMENTS The CITY and the LANDSCAPE ARCHITECT each binds himself and his successors, executors, administrators and assigns to any other party of this Contract and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the CITY nor the LANDSCAPE ARCHITECT shall assign, sublet or transfer it's interest in this Contract without the written consent of the other party. Nothing herein shall be construed as creating any personal liability on the part of any officer, agent or employee of the CITY or LANDSCAPE ARCHITECT. SECTION XVII INFORMATION PROVIDED BY OTHERS The CONSULTANT shall indicate to the CITY the information needed for rendering the services hereunder, and the CITY shall provide to the CONSULTANT such information as is available to the CITY. The CITY recognizes that it is impossible for the CONSULTANT to assure the sufficiency of such information, either because it is impossible to do so, or because of errors or omissions which may have occurred in assembling the information. Accordingly, the CITY waives any claim against the CONSULTANT, and agrees to defend, indemnify and hold the CONSULTANT harmless from any claim or liability for injury or loss allegedly arising from errors, omissions, or inaccuracies in documents or other information provided to the CONSULTANT by the CITY. Further, the CITY agrees to compensate the CONSULTANT for any time spent or expenses incurred by the CONSULTANT in defense of any such claim, with such compensation to be based upon the CONSULTANT's prevailing fee schedule and expense reimbursement policy. 5 . . . SECTION XVIII PREPARATION OF ALTERNATES The Consultant's fees are based upon $2,000,000 allocated for construction of the project. The Consultant will prepare an estimate for probable cost of construction. This estimate will be based on the design development phase of the project. Should the CITY request design alternates be prepared for bidding, the consulting team will invoice the CITY, in addition to the original contract amount, the agreed percentage of construction cost for preparation of plans, construction documents and specifications for the alternates. SECTION XIX INDEMNITY The LANDSCAPE ARCHITECT agrees to indemnify and hold harmless the CITY and its officers, agents and employees of and from damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, which directly arise out of LANDSCAPE ARCHITECT'S breach of any of the terms or provisions of this Agreement, or by any other negligent act, error or omission of LANDSCAPE ARCHITECT, its agents, servants, employees, subcontractors, or any other persons or entities for whose acts the LANDSCAPE ARCHITECT is legally liable. However, such indemnity for the design professional and his employees for negligence in the performance of professional services and damages resulting from negligence in the performance of professional services shall be limited to an amount of one hundred thousand dollars ($100,000). EXECUTED IN 2 counterparts (each of which is an original) on behalf of LANDSCAPE ARCHITECT by its PRINCIPAL shown below, and on behalf of the CITY by its (thereunto duly authorized) this _ day of , 1995. CITY OF NORTH RICHLAND HILLS J. T. DUNKIN AND ASSOCIATES, INC. ~71}:ZECT Inclpal J. T. Dunkin Typed Name ATTEST: 6 . . . EXHIBIT "A" SCOPE OF SERVICES 100 ACRE PARK NORTH RICHLAND HILLS. TEXAS The professional services for this park will be performed by J. T. Dunkin & Associates. Inc. as the primary consultant for the project with other professional firms as required to be employed by the Consultant with approval by the City. The scope of services is divided into five phases; master planning. grant application, basic design services for construction documentation, additional design services. and additional services. PHASE 1 - MASTER PLAN The Consultant will prepare a Master Plan for the 100 acre tract of land. This Plan will be prepared with the park program elements provided by the City. The Consultant will advise the City as to other program elements required for a grant submission to Texas Parks and Wildlife Department. This master planning process will involve the development of conceptual alternatives which will be presented to staff for their review and comments. If required. the Consultant will also present the master plan to the North Richland Hills Park Board. or others. for their approval. Once we have an approved Master Plan. we will begin preparation of the grant application for submittal to the Texas Parks and Wildlife Department. For preparation of the Master Plan. we recommend the City budget $15.000. PHASE 2 - TEXAS PARKS & WILDLIFE DEPARTMENT GRANT APPLICATION The following sets forth the scope of work for the City and the Consultant. Specifically. J. T. Dunkin & Associates. Inc. will prepare the following sections of the grant: 1 . Forms and budget information 2. Tabular summary of project elements 3. Aerial photos (SCS aerials) 4. . 5. 6. 7. 8. 9. 10. Assurances Applicant's certifications Location maps Program narrative Schematic plan Assembly of Grant (8 copies) We will also work with the City to select most advantageous program elements based on Texas Parks & Wildlife Department scoring criteria 11 . Environmental Assessment The City will be responsible for the following items: 1 . Street maps 2. Park land and facilities inventory We recommend you budget $4,000 for this phase. PHASE 3 - BASIC DESIGN SERVICES . The services in this phase are divided into four tasks: (1) design and development; (2) construction documents and specifications; (3) bidding and contract award; and (4) construction administration and observation. Each section sets forth the services to be performed. Task 1 - Design Development Phase Schematic alternative plans will be prepared by the consulting team and presented to staff for their review and comments. The plans will be prepared using the approved Master Plan and with staff input in regard to the final park program elements selected for the park. After the City and Consultant have agreed upon the schematic plan, a preliminary construction cost estimate will be prepared for the park elements. Once the City and Consultant have agreed upon the final schematic plan and construction costs, the Consultant will proceed to the Construction Documentation Phase. . 2 . . . Task 2 - Construction Documents and Specifications Construction documents and specifications will be prepared for the park elements outlined in the Design Development Phase. The consulting team will perform the following sub-tasks: · Grading Plan(s). which will establish grades for all elements of the project. · Layout Plan(s) locating by dimensions all structures, playing fields, walks, roads, parking areas, planting areas, etc. · Irrigation Plan(s) showing the location of all heads, pipe, valves, pumps, and controls. · Electrical Plan(s) showing the location of all light standards, controls, wires, etc. · Planting Plan(s) locating and identifying all plant material and a list of plants including quantities, sizes, and varieties. · Construction Details providing plans, sections, elevations of the individual elements of the plans. · Prepare proposal forms and appropriate add or deduct alternates. · Prepare the project manual Cost estimates will be prepared for each of the program's elements. The cost for these elements will be reviewed with the staff within this section of work. Task 3 - Bidding and Contract Award The Consultant will be responsible for the following sub-tasks in this phase: · Distribute plans and specifications from the consultant's office to interested contractors. · Coordinate and attend a pre-bid meeting. · Answer questions and interpret drawing during the bidding period. 3 · · · · Assist the City in receiving bids. · Prepare and distribute any required addendum. · Attend the bid opening and prepare a bid tabulation sheet for completion at the bid opening. · Analyze the bids and make a written recommendation to the City for awarding a contract. Task 4 - Construction Administration and Observation The Consultant will perform the following sub-tasks during this task: · Consultation and provide advise to the City. · Preparation of elementary and supplementary sketches required to resolve field conditions. · Approval of submittals and shop drawings submitted by contractors for confor- mance with the design concept. · Tagging and inspection of plant materials, pre-delivery and on-site to assure conformance with plans and specifications, if necessary. · The consulting team shall make periodic site visits to determine if the project is proceeding in accordance with the contract documents. This shall not involve exhaustive or continuous on-site inspections to check the Quality or Quantity of work or materials. The consulting team shall not be responsible or liable for the Contractor's failure to perform the construction work in accordance with the contract documents. · Review and approval of all certificates for payment submitted by the Contractor. · Prepare Change Orders for the City's approval and execution. · Coordinate final site walk through with the City at the conclusion of the construction and provide a punch list to Contractor to complete the project. 4 . Perform a post completion inspection within one year after final acceptance and · ;ssue a punch ~~stprlto release of ma;ntenance bonds. The Consultant~hall erform "tbe servlCès---se.t.!orth above in Phase III for a fixed fee of $150,000. -- "- ~. PHASE 4 - ADDITIONAL SERVICES The following items set forth below are services provided in addition to Basic Design Services. Costs for each item listed have been provided as a reimbursable expense. For several of the items, we cannot provide fixed fees; therefore, the expenses have been separated into two categories - fixed fees, identified as follows, and estimated fees as identified under Phase 5. Additional Services (Fixed Fee) Site Plan and Final Plat · The Consultant will prepare a site plan and final plat for the park. These documents will be prepared according to the City of North Richland Hills submittal requirements for platting. We recommend the City budget $4,000 for this task. Topographic Base Map and Boundary Services A one-foot interval on-the-ground topography map and boundary survey will be prepared for the 100 acre site. Critical spot elevations will be established, i.e. major trees, sewer manholes, existing street grades, storm sewer inlets, etc. This will be supplemented by all known easements and utilities. We recommend a budget of $20,000 for completion of the base map. Hydraulic lake Analysis Nathan Maier Consulting Engineers will review the drainage criteria necessary for the proposed lake. This will include analysis of upstream drainage areas and the discharge channel south of Starnes Road. We would recommend a budget of $7,000 for this task. · 5 . Traffic Inpact Analysis A traffic impact analysis will be prepared for the northwest seciton of the park. Specifically, the traffic study will address the increase in traffic which will be generated by the baseball complex. We would recommend the city budget $10,000 for this study. PHASE 5 - ADDITIONAL SERVICES (ESTIMATED FEES) The fees presented below for each task are estimated fees because the scope of services for each item cannot be determined at this time. Travel Expenses Travel expense shall be reimbursed at .29 cents per mile per vehicle; costs for airline fares and overnight lodging, if required. These costs primarily apply to the task in the construction phase of the project referencing the selection of plant materials. Travel costs to and from the job site and City offices are included in the Basic Design Services. Airline fares and lodging for the consultant will be invoiced to the City at the Consultant's incurred costs. These costs could . range between $500 and $1,000. Plan and Specification Printing The Consultant will invoice the City at the incurred cost for all out-of-house printing of plans and specifications. Requested mounting or laminating of master plans will also be invoiced at the incurred cost. In-house printing of check prints for use in preparing the construction documents are included in the basic design services. Postage and delivery expenses will not be invoiced during the Design Phase of the contract. Courier, express mail, or overnight delivery charges, as well as, the cost of mailing sets of contract documents to prospective bidders will be charged to the City. We recommend the City budget $6,000 for this task. . 6 · · · Geotechnical Consultants A geotechnical firm will provide soil analysis and recommendations for the various elements in the park. It is difficult, at this time, to estimate the quantity of borings required until the consulting team has completed the master plan and has a clear understanding of the requirements and details required of the geotechnical consultant. This service will have to be authorized by the City of North Richland Hills. The Owner normally provides this information to the Consultant. Based on our experience. we recommend the City allow $10,000 to $11.000 for this report. 7 . . . EXHIBIT "B" PA YMENT SCHEDULE The following outlines the payment schedule for the 100 acre park: Master Plan Grant Aoolication Basic Desian Services Design Development Construction Documents and Specifications Bidding and Contract Award Construction Observation Reimbursable Expenses Percent of fee due Uoon Comoletion 100% 100% 40% 45% 5% 10% All of the services identified in Exhibit A under Reimbursable Expenses shall be invoiced as they are completed by the consulting team and accepted by the City of North Richland Hills. 8 . . . EXHIBIT "C" Information to be provided by the City: 1 . Program design elements 2. All known utilities and easement on-site and adjacent to the site 3. Boundary surveys 4. Flood plain data relevant to the park site (if relevant) 5. As-built paving plans for surrounding streets and rights-of-way 6. Geotechnical Services 9 CITY OF NORTH RICHLAND HILLS .Department: Parks and Recreation Department Council Meeting Date: 1-22-96 Subject: Professional Services Agreement - NRHJO Master Plan Agenda Number: PU 96-10 The NRH20 Family Water Park 1995 Season Synopsis and 1996 Policy and Facility Enhancement Recommendations approved by the City Council on December 11, 1995 included the recommendation for long term master planning for the park. The plan will indicate location and phasing of future water attractions. Elements to be considered in this process will include utility locations and capacities, minimizing demolition/modification of existing improvements, pedestrian and service areas, cost of construction, phasing of utilities, working with the topography to maintain ADA compliance, and maintaining a "park- like" environment. Preparation of this master plan, which will guide the long term development of the park, is a critical pre-requisite to completing the proposed long term enhancements. . Staff recommends that the City Council contract the professional services of Brinkley Sargent Architects for these master planning services. Brinkley Sargent Architects completed the feasibility study, design, and plans and specifications for development of the NRH20, and is currently working on the 1996 enhancements as approved in the NRtj 0 Policy and Facility Enhancement Recommendations. Staff has negotiated a contract with Brinkley Sargent Architects for the requested services in the amount of $14,100. Funding is available in the FY 1995/96 Park Development Budget. RECOMMENDATION: It is recommended that the City Council authorize a contract for professional services with Brinkley Sargent Architects for the master planning services for future enhancement of NRH20. ATTACHMENTS: Agreement for Professional Services Finance Review Source of Funds: 21-10-01-6000 Bonds (GO/Rev.) Operating Budget _ ether , _ ~ ~~ ~ r-- Department Head Signature CITY COUNCIL ACTION "EM Finance Director Page 1 of I . . . Abbreviated Form of Agreement Between Owner and Architect for Construction Projects of Limited Scope AlA Document 8151 - Electronic Format AGREEMENT made as of the Fifteenth day of December in the year of Nineteen Hundred and Ninety-five. BETWEEN the Owner: (Na",c a"d add,..u) City of North Richland Hills 7301 NE LOOD 820 North Richland Hills. TX 76 180-790 I and the Architect: (Na..e a~d addrcll) Brinklev Sanzcnt Architects SOOO Quorum Drive. Suite 123 Dallas. Texas 75240 For the following Project: (I"elude dctailcd dClcriptio" of Project, locatio", addreu and Icope.) Provide master Dlanninl!: services for NRH20 AQuatic Park as delineated in Article 12.1. The Dark is located on Hil!:hway 26 directly west of Tarrant County Junior Collel!:e in the City of North Richland Hills. Texas. The Owner and Architect agree as set forth below. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA DOCUMENT D401. Copyright 1974, 1978, 1987 by The American [nstitute of Architects, 173.5 New York Avenue, N.W., Wuhington, D.C., 20006..5292. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecution. AlA DOCUWENT 81$1 . ....8UVlATED owmJl.AIlCIQTEa AOUENENT. TlGW EDmON. AlA. CO.YRlONT 1917 . THE AWElUCAN INSTITUTE 0. AR-CIQTECTS. I1U NEW YOU AVENUE. N.W., WASHINOTON. D.C.. 100U·'Ul. WAR-NINO: U.Ii.....4 .......",.. .1.'.... U.s. ...,.'.... I... u4.. ...¡.ct.o I.... .......tJ_. ni. 40......... .'ectNaicaUJ pt..c......,. lie.... __cr ""'01'" ..4 c.. .. r.,,"ce4 wiiM4tc ~.I.&I.. _.11 IIlaIt'. Electronic Document Service B IS I - 1987 . TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RES PONS IBILlTIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architeet'! !erviees eon!ist of those sel"Viees performed by the Arehiteet, Arehitect's employees and Arehitect's eonsultants as enumerated in MUdcs 2 and 3 of this Agreemcnt and any other service! induåed in Article: 12. 1.1.2 Thc Architcct's scrvic,s shall be pcrformed as cxpeditiously as is consistcnt with profes!ional skill and eare and the orderly progress of the W orlc:_ 1.1.3 Thc !etliees eo .ered hy this Agr"mcnt are subjeet to the time limitations contained in Suhparagraph 11.5.1. . ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1. The Arehitect's Buie Serviecs consist of those described ulu!er the three phues identified bdo.v, any other services identified in Article 12, and include normal structural, mechanical and electrical engineering ser.·iees. 2.2 DESIGN PHASE 2.2.1 Thc Architect shall re"¡e w with thc Owner alternative approaches to design and construction of tne Projcet. 2.2.2 Based on thc mutually agreed upon program, schedule and coutruetion hudget requirements, thc Architect shall pre par!:, for appro-..al &y the Owner, Design Do!:um!:nts !:on!isting of drawings and other documents appropriate for the Project, and shall submit to thc Owner a preliminary estimate of Construction €œt:- ~3CONSTRUCTIONDOCUMENTSPHASE . 2.3.1 Based on the appro.ed Design Doeuments, the Architect shall prepare, for appro..al by thc Owner, Construction Documelits consisting of Dra-...ings and Specifieations setting forth in detail tne requirements for the construction of the Project and sball ad...ise the O'llner of an)" adjustments to pre."ious prc:liminary estimates of Construction Cost. 2.3.2 The Arehite't shall assist thc Owner ili cOftftectiOft wi th tàe 0 wner's responsibility for filing documen13 required f'ðr thc approval of go ..ernmental autàorities àa-..ing jurisdietion Of'er the Projeet. 2.3.3 Unless pro ..ided in Artic:Ie 12, tàe Areàiteet, folIo .¡ing the Owner's appro tal of tne Coutruetion Documents and of tne late3t prc:Iiminary estimate of Construetion Cost, shall assist tne OWDer in obtaining bid3 or licgotiated proposab and auÍJt in awarding and preparing contraets for eonstruction_ 2.4 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.4.1 The Arehiteet's responsibilit)' to pro<'Íde Basie Ser .-ices f'ðr the Construe tion Phue uader thi3 Agreement eommeaee3 wit}" the award of thc Contract for Construction and terminate3 at t}"e earlier of iuuanee to the 0 wner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Worlf:. 2.4.2 The Arehiteet sàall pro.ide administratioa of tne Contract for Coastruetion as sct forth below MId in the ed ition of AlA Document A20 I, Ceneral Conditions of the Contract for Construction, current u of the date of this Agreement. 2.4.3 Dutics, respon3ibilities and limitations of authority of the Areniteet shall not be restricted, modified or exte.l1ded without .trittcn agreement of tne Owner and Arehiteet with consent of tne Contractor, which consent snall not be uftreuonably witftltc:ld. 2.4.4 Thc Arehiteet shall be a represeatati.c of and 3hall ad.."ise and eon3ult Kith thc O·...ner (l) during con3truetioa until final payment to tne Contractor Ï3 due and (2) as an Additional Ser.iee at the Owner's direction from time to time during the correction period described in tne Contract for Construction_ 2.4.5 The Archit,et shall .isit the site at interva13 appropriate to the stage of construction or as other"'A ise agreed &y the Owner and Arehitcet in ",riting to become generally familiar .vith thc progress and quality of the Work eomple:ted and to determine in gcneral if the Work AlA DOCUNIiNT BU' . UBUVlATED OWNEIl-AIlCHITECT AOaEEloCENT - nullO EDITION _ AlA. COPYKlOHT "'1 _ TH! ANliIllCAN INSTITUTE 0' AIlCHIT1ICT3. 11J. NEW YOU AYBNUI. N.... WASHINGTON. D.C.. 2000'·$2'2. WAI.NINO: U.Ucc.u4 ,'..oce"i., "i.'atc. U.S. ce.rricM I... ..4 II ...Jed te I.,.. ",.,cAd... 11M, 4ea....... clectrMieall, ,,"ca. ..der Ucca.. ....ar "'000104..4 ca. 'c ",,"c«4 _,tit... Yiol.Ii.. ....If 11111". Electronic Document Service B 151-1987 2 · is being performed in a manner indieating that the Wörk .....hen eompleted will be in aeeoråanee .. ith the Contraet Doetimeats. lIo·.....ever. the Architect shall not be required to make exhatisti Ie or eontintious on site inspections to eheek the qtiality or qtiantit) of the W ðrk. On the baJis of on site observations as an architect. the Arehiteet shall keep the Owner inforn.ed of the progress aad qtiality of the Work. and shall endea.or to gtiard the 0\\ ner against def-cc:ts and deficiencies in the VI ork. (}.foi t tJl.ttllJi~t .lite I ''In t..tlltt..tÙ;... I>.a~ ht agl ud to a.J all Additiollal Sel ~i(;t. aJ dtJ,,¡hed ill .'\.i..gi..yh 3.2.) 2.4.6 The Architect shall not hale control over or charge of and shall not be re3ponsible for eonstnu:tion means. methods. teehniqties. seqtienees or proeedtires. or for saf'Cty preeatitions and programs in connection with the Work. since the3e are soldy the Contractor's respon3ibility tinder the Contract for Construction. The I.rehiteet shall not be responsible; for the Contractor's sehedtilcs or failtirc to carr)' Otit the t,.'ork in accordance with the Contract Doe:timents. The Architect shall not ha...e eontrol o..er or eharge of aeb or omissions of the Contractor. Stlbeontraetof3. or their agents or emplo) ees, or of any othcr peuons perf-erming portions of the Worlf.:. · 2.4.7 The Arehiteet shall at all times ha-¡e aeeeS3 to the Work .....here'<'Cr it is in preparation or progress. 2.4.8 Bued on the Arehiteet's obsefiations and c·..altiations of the Contractor's Applications for Pa) ment. the Architect sl1all re. ie.1 and certify the amðtints dtie the Contraetor. 2.4.9 The Architect's certification for payment shall eonstittlte a reprcsentation to the 0 Wfter. bued on the Architect's obsenations at the site u provided in Stibparagraph 2.4.5 and on tae data comprising the Contractor's Application for Payment. taat tae Work. to the best of the I.rehiteet's knowledge. information and belief. haJ progressed to the point indicated and that qtlality of the Work is in aeeordanee with tae Contract Doctiments. Tl1e isstlance of a Certificate for Pa) ment shall not bG a representation that the Arehitcct has (1) made cxhatlstive or continüoüs on site Inspections to check the qüalit)' or qüaatity of tae Worle. (2) rc.iewed cOllstrüetion means. methods, techniqües. scqticnces or proeedtlres. (3) relÍc\\ed copies of requisitions reeei.ed from Stlbe:ontractou and material stlppliers and ot~ data reque:ste:d by the O.vne:r to substantiate: the Contractor's right to payme:nt or (4) 83certaincd how or for what purpose the Contractor hu tlse:å mone:y pre..iousl) paid on aecoünt of the Coatract Stlm. 2.4.10 The; Arehite:ct shall ha.e authority to reject Work which does not eonform to the ContraGt Doeüments and will ha/c authority to reqüire additional iaspGetion or testing of the Work ,vhene..er. in the Architect's reasonable opinion. it is necessary or ad'. isable for the · implementation of the intent of the Contract Documents. 2.4.11 The Architect shall revie Ii and approve or take other appropriate action üpon Contractor's slibmittals such as Shop Drawings, Proåtiet Data and Samples. but only for the limited ptirpose of ehecking for eonf-ermanee with inf-ermatioa gi'(en and the dcsign concept expressed in the Contraet Doetiments. Thc I.rehiteet's action shall be takea \\'ith slieh reasonable promptness aJ to ealise no delay. The Architect's appro/al of a spe:eifie item shall not indicate appro.al of an 83sembly of which the item is a component. 'Nhen professional certification of performance characteristics of materials. systems or equipmGnt is reqtiired by the Contract Doetiments. the Arehitcet shall be entitled to rc:ly tipon stich certification to establish that the materials. systems or cqtiipment will meet the perf-ermanee eritcria required by the Contract Documents. 2.4.12 The Architect shall prepare Change Ordcrs and Construction Change Direeti ,'es, with stlpporting documentation and data if authorized or eonfirmGd in writing b) the O.mer 83 pro. ided in Paragraphs 3.1 and 3.J, for tae O.'lner's appro lal and execution in accordance with the Contract Documents. anå may atlthorize minor changes in the Work not inJol'Úng an adj tlstment in the ContraGt Sum or an extension of the Contract Time ·....hieh arc not inconsistent ...ith the intent of the Contract Docliments. 2.4.13 Thc Architect shall eondtiet inspections to determine the dates of Stibstantial Complction and final completion and shall issue a final Certificate for Payment. 2.4.14 The Architect shall interpret and decide mattcrs concerning perf-ermanee of the 0 wner and Contractor tinder the requirements of the Contraet Documents on written request of ,ither the Owner or Contractor. The Archite,t's re3pOnS(; to stich reqtlests shall be made with reA30nablG promptness and '...·ithin any timG limits agrced upon. When making such interpretations and initial decisions. the Architect shall endea'o'or to scetirc faithftil performanee by both Owner and Contraetor. shall not show partiality to cither. and shall net be liable for restl1ts of interpretations or de:cisions so rendered in good faith-:- ARTICLE 3 ADDITIONAL SERVICES 3.1 Additional Ser.iees :shall be prolÌdcd if authorized or-eonffflned-tn \\riting by the Owner or if ineltldcd in Article 12. and t~haIl be paid for by the Owner 83 pro. ided in this Agreement. Stich Additional Services shall indude. in addition to th03e de3cribed in Paragraphs 3.2 and J. 3. budget analysi3. financial AlA DOCUMENT BUI . ABBIUiVlATED OWNER-ARCHITECT AOIlEEMENT . THIIlD EDITION - AlA. COPYIlJOHT ."7 . THE AMEIUCAN INSTITUTE OF ARCHITECTS. 1715 NEW YOIUe: AVENUE. H.W.. WASHINOTON. D.C.. '2000'..'191. WAR.NINO: U.lice.ud p~.toc.pyi., .1.laCu U.S. co,,,isht I... ..4 i. '.bject to le,I' pr..ce.ti... nit cfoc.... .... "ccu..inny pr."cee! ..der lice..c ....bet "'00010<1 ..d c.. be reproduced _idl..t violati.. ..... lilli'''. Electronic Document Service B 151-1987 3 . feasibility studies, planning surveys, cn..ironmcntal studies, meulired drawings of exi3ting conditions, coordination of separate contractors or indcpendent eonsliltants, coordination of eon3tflietion or project managers, detailed Construction C03t e3timates, qliantity Slin.ers, interior de3ign, planning of tenant or rental spaeC3, inventorie3 of materials or eqliipment, preparation of record drawings, and any other services not otherwisc included in thi3 Agreement under Ba3ie Serviecs or not customarily fumishcd in accordance with generally accepted architectural practice. 3.2 If more exten3i...e repre3entation at the site than is deseribed in Subparagraph 2.4.5 is required, 3ueh additional project representation 3hall be pro ...ided and paid for a3 3et forth in Mide3 11 and 12. 3.3 A3 an Additional Service in connection with Change Ordcrs and COlutruetion Change Direetive3, the ¡.rchiteet 3hall prepare: Drawings, Spee:ifieations and other doeumentation aad data, e ...aluah: Contractor's proposa13, aad pro"lide any other 3e:r f"Íees made: neccuary by 3ueh Changc Orders and Con3truction Change Dire.cti t'C3. ARTICLE 4 OWNER'S RESPONSIBiliTIES . ~.1 The Owner shall provide full information, including a program which shall set forth the Owner's objectives, schedule, constraints, budget with reasonable contingencies, and criteria. ~.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, a written legal description of the site and the services of geotechnical engineers or other consultants when such services are requested by the Architect. ~.3 The Owner shall furnish structural, mechanical, chemical, air !lnd water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. ~.~ The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by the Owner. ~.5 The foregoing services, information, surveys and reports shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.6 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault . or defect in the Project or nonconformance with the Contract Documents. 4.7 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 14 days prior to execution. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Con3true:tioa Cost 3hall be the total cost or estimated e03t to the: 0 wner of all dement3 of the Project designed or 3peeified b)' the Arehitect. 5.1.2 Thc Con3truetion Cost 3hall indude thc cost at current market rates of labor and materiab fumi3hed by the 0 ¡Iner and equipment de3igned, spc:eificd, 3c1eeted or spe:eially pro....ided f'Or by the Arehitect, plU3 a reA30aable allowance for the Contractor's o'..c:rhead and profit. In addition, a rcuonablc allo.r.anee f'Or contingeneie3 shall be included for market conditions at the time of bidding and for changes in the '}krlc: during eonstruction. 5.1.3 Con3truetion Cost doe3 not indudc the eompenution of the Are:hitc:c:t and Arehitcet's eon3ultants. the costs of the land, rights of way, financing or other cost,] "hieh are thc re,]pon,]ibility of the Owncr A3 pro.ided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 It i,] ".cognized 1ft.t neither the Architect nðr the Owner hu control O"ler the eo,]t of labor, materiab or equipment, o.er the Contraetor's methocb of dctermining hid prices, or over competitive bidding, market or negotiating eondition3. Accordingly, the Arehitcet cannot and doc,] not "arrant or reprc3ent that bid,] or negotiated priccs ..ill not .ar)' from any estimate of Construction Cost or e (aluation prc;pared or agu;ed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be C3tablished U a condition of Uti3 Agreement by the furni3hing, proposal or establishmcnt of a Project budget, unl",] a fixed limit hu been agreed upon in writing and 3ignc:d by the partie3 hc;re:to. Fixed limit3, if an), shall be increued in the amount of an inereA3e in the Contract Sl1m occurring after execution of thc Contract for Construc;tion. 5.2.3 An) Project budget or fixed limit of C0l13trl1etion Co,]t ma) be adjusted to rcflc;et changes in the general IC'(c;1 of price,] in the; con3trtletion indu3try betwcen the date of ,]ubmi33ion of thG Con3truetion DoeumeaÌ3 to the O'Aner and the date on which proposal3 arc 30ught. AlA DOCUWIINT BUI . ABBUVlATED OWNE!t.AIlCHITECT AOUEWliNT. THIaD EDmON . AlA. COPYIlIOHT 1t.7 . THE ANEIlICAN INSTITUTII Of AIlCIUTECTS. I7U NEW YOU AVSNUE. N.W.. WASHIN'OTON. D.C.. 2000''''1'2. WAI.NINO: U.licc.1C4 "..ecepy'.' vi.latu U.S. c.pyript .... ..4 I. ....jcct I. le.c' ,....cnci... ,.... 4enac.c.1I clecuHinU, ,....cc4 .e4cr Uc.... ....cr .".ooa... ..d ca. It. r."...ccd .'dlM' .'_1..,.. ..it 111119'. Electronic Document Service B 151-1987 4 · 5.2.4 If a fixed limit of Con3trtietion C03t i3 exceeded b} the 10\0\ e31 bona fide bid or negotiated prop03al, the Owner 3hall. .1 give written appro .al of an iner.e;ase in stich fixed limit, .2 atithorize rebidding or renegotiating of the Projcet within a rca30nable time, .3 if the Projcct i3 abandoned, terminatc in accordance with Paragraph 8.3, or .4 cooperate in re iÏsing the Projeet scope and qtialit} as reqtlired to redtice the Con3trtletion ~ 5.2.5 If the O",-ner ehoosc3 to proceed tinder Clatl3e 5.2.4.4, the Architect, withotlt additional charge, shall modify the Contraet Dðctlmcnts aJ necessary to comply with the fixed limit, if established as a eondition of this Agreement. Tae modification of Contract Doel1ments 3aall be the limit of the Architect's responsibilit} arising Otlt of the establishment of a fixed limit. The Architect shall bC entitled to eompensation in aeeordaace with this Agreement for all ,en ice, performed whether or not the Coastrl1etion Phase is eommeaced. · ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project, and the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Architect's reserved rights. · ARTICLE 1 ARBITRA TION 7.1 Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof shall be subject to and decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 7.2 In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitations. 7.3 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner AlA DOCUNENT BUI . ABBRSVlATED OWNEIl·AIlCHITECT AOIUiENENT . THIItD EDITION. AlA. COPYIJOHT 1911. THE ANEIJCAN IH$TITUTE OF AIlCHITE~TS. 11] NEW YOU AVENUE. N.W,. WASHINOTON. D.C.. 10006-51'1. WAI.NINO: U.liccauc! plll.teco,,..., ,,¡."tce U.S. c.,,,.ipc 1_._ ..d i. ...bjea t. lelal prouellti... ni. ~c...c.t... clccu..inlly produced ...4" lice... ....ber "'00010.4 ..d n. be rcp,.tÑccd ..ill.... .¡el..i.. ...U &/11"'. Electronic Document Service B 151-1987 5 . for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5 If the Owner fails to make payment when due the Architect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses. 8.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination. . ARTICLE 9 MISCELLANEOUS PROVISIONS . 9.1 Unless otherwise provided, this Agreement shaIl be governed by the law of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as those in AlA Document A20 I, General Conditions of the Contract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AlA Document A20 I, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. 9.6 This Agreement represents the entire and integrated agreement between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 The Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling. removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not Jimited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar cOlJtributions and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses include expenses incurred by the Architect in the interest of the Project for: .1 expense of transportation and living expenses in connection with out-of-town travel authorized by the Owner; .2 long-distance communications; .3 fees paid for securing approval of authorities having jurisdiction over the Project; AlA DOCUMENT BUI . ABBUVlATED OWNEI,.AI,CIllTECT AOI.EEMENT . THIRD EDITION. AlA . COPv.¡OHT 1911 . THE A"EIYCAN INSTITUTE Of AI,CHlTECTS. 11JJ NEW YOU AVENUE. H.W.. WASHINQTON. D.C.. 2000'·'291. WAIlNINO: U.licc.ud ,".c.copri., .i.luct u.s. copyri'.... I... ..4 i. ..bjcec to le,al ".eecc.ci... nil 4ac.~... ... clectt_tcally p,.chlnd OMet Ue.... .....er .96000atM aM ca. be rcp".".ccd .it...., vlolati.. ..til 11111". Electronic Document Service B 151-1987 6 · · · .4 reproductions; .5 postage and handling of Drawings and Specifications; .6 expense of overtime work requiring higher than regular rates, if authorized by the Owner; .7 renderings and models requested by the Owner; .8 expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants; and .9 expense of computer-aided design and drafting equipment time when used in connection with the Project. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (I) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 10.4.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement or services rendered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the Architect's compensation on account of sums withheld from payments to contractors. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT OF NI A Dollars (SNI A ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (In~ert ba~l~ of co"'pensation. Including stipulated su",s, ",ultiples or percentages, and Identify phases to which particular ",ethods of co"'pensation apply, if necessary.) Refer to Article 12.1 for ComDensation. 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate) AlA DOCUNIINT aUI . ABaUVlATBD OWNliR.·AJt.CHITECT AOUENliKT. THIR.D EDITION. AlA. COPYlUOHT "'1. THE ANBIUCAN INSTITUTII 0' AltCHlTECTS. 1135 NEW YOU AVINua. N.W., WASHINOTON. D.C.. 10006-J191. WARNINO: U.Ucc..c4 ....c.c.".., "'¡.'du U.S. '.p)'tip, I... 1M II ....Ject to Ic,.' ptolec.d... nil doc...c. w.. ..eeer.cen, ,r..c." .....er lIe..u ...ber .'6000.... uel c.. be rc"..ce. ..tN., "Iel,d.. ...it a/111t6. Electronic Document Service B 151-1987 7 · · · Design Phase Construction Documents Phase: Construction Phase: percent (100 %) percent ( %) percent ( %) Total Basic Compensation: one hundred percent (100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENT A nON BEYOND BASIC SERVICES, as described 10 Paragraph 3.2, compensation shall be computed as follows: 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT provided under Article 3 or identified in Article 12, compensation shall be computed as follows: (I"8ert blld8 of co"pe"8atio". l"cllldi"6 rate8 a"d/or "lIltlple8 of Dlret:t Per8o""el Ezperue for Prl"t:lpaI8 a"d ...ployee8. a"d Ide"tify Prl"clpaú lI"d Cltu8ify e..ployee8. if required. Ide"tify 8p.Cif/C 8e,."lc.8 to which partlclllar ...thod8 of co"peruatlo" apply. if "eCU811ry.) Hourly as oer Article 12.1. 11.3.3 FOR ADDmONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Article 3 or identified in Article 12 as part of Additional Services, a multiple of CLlJ times the amounts billed to the Architect for such services. (Ide"tify specif/t: types of coruulta"ts I" Artit:le 11. if required.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of one and one tenth (L.!QJ times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within six <Ð months of the date hereof. through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable thirty QQJ days from the date of the Architect's invoice. Amounts unpãid sixty (gL) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Iruert rat. of I"terest agreed upo".) (fllU7 -. .,.,¡ H;f_INewall ..w.r ,Iw ,--... rr.,' I. ú",¡,.. MI. .,.,Ier .,.,_ eatll~ c.......,. n.¿1I III., ..J .,IN,. ,...1.'... ., ,IN 0...,.", ..,J beAlI.ct", 1ftM".J J4u. _/ ,..,...... ". I.ca".. ef ,Iw ''''J.ft ..J .1...Iw,.. .., ~.CI ,IN ..¡,." _/ ,Al, ,....,.,... SfMn.Jfc 1.._ *,,-1" ....JJ .... .6,.,..J .". N.,.cI I. .,.."... .,. ....Jt/lCMI.-I. "'¡.J.. ,....-..11.. "".,,......14 .., C6 "",,,.. #/l.d...N. ... ..,..,.,..) 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. AlA DOCUMBNT aUI . ABa/U/VIATBD OWN8lt·All.CHlTI!CT AOIUII!NIINT . THIm EDITION. AlA. CO.Y1UOHT 1917. THI! AMERICAN INSTITUTE 0' All.CIIITECTS. 17U NI/W YOU AVSNUE. N.W.. WASHINOTON. D.C.. 2000'.S2'2. W""NINO: U.lic....4 ,..tece,,'.. ...1.... U.S. c.,ydpt. I....... i. ,"¡cct.. le.I' ,we,enti... nit 4ec..- ... ,'cCII''''c.U, pr..cc" _.et ..e.... .....t ."....04..4 ce. ... te,....c.. wilJM.t ....,.&1_ ."'1111 ~,. Electronic Document Service B 151-1987 8 · · · ARTICLE 12 OTHER CONDITIONS OR SERVICES (lfUcrt de$criptioru of other 6ervice3. identify Additional Service6 included within Ba$/c CompelUation and modification3 to thc paymcnt and co"'pcfUaUon ter",6 ineludcd in thÜ Agrec",ent.) See attached for Article 12.1. This Agreement entered into as of the day and year first written above. OWNER CITY OF NQRtH RlCHLJIiND HILLS - (Signature) (Printcd na",e and title) Dwavne M. Brinklev Principal (Printed na",e and title) AlA DOCUWBNT BUI . AIIBUV1ATED O<IIrMŒ-AJl.CHlTECT AOUÐŒHT. TKIJU) BDmON. AlA. CO'~OHT ItU . TNIi AWlilUCAN INSTITUTIi 0' AACHITIiCTS. Ins NIiW YOU A.VeNUE. If"W.. WASHINOTOM. D.C.. 20..'.'2'1. WAItN.NQ: U.Ucc.... .'...ce,,'.' ..'....Cl U.~. c.,,np& I... 11M i. ..lfjcc, 'e .c._1 ".cued... nil 4eC.lØe& ... ...cv..JCIIUy ,,"cc4 ...&cr lic.... ...ct' ..,COOO..... ..4 ee. 'c f...U...... .,.¡.....i.. ..U &lIIItC. Electronic Document Service B 151-1987 9 · · · 12.1.1 ARTICLE 12.1 SERVICES AND FEES Services: Develop a long-range master plan of NRH20 Aquatic Park that would indicate location and phasing of future water attractions at the park. Elements to be considered in ttús process include utility locations and capacities, núnimizing demolition/modification of existing improvements, pedestrian and service access, cost of construction, phasing of utilities, working with topography to maintain ADA compliance, and maintaining <Park like" image of facility. Service will not include the actual sizing of utilities or grading plans but the Architect will consider these elements in the preparation of the master plan. 12.1.2 Fees: We propose to prepare a phased master plan for NRH20 for the lump sum of $13,500. To provide a color rendition of this master plan the fee will be adjusted by $600. Reimbursable costs shall include all costs directly relating to travel, printing, telephone, and faxes. Additional services will be provided on an hourly basis. CITY OF NORTH RICHLAND HILLS Department: Public Works Approve Budget for Hewitt Drive 1996 Minor Subject: Drainage Improvements Agenda Number: 1/22/96 PW 96-03 Council Meeting Date: During the May 5th storm last year, two homes on Hewitt Drive flooded. As we reported to you in our Summary of Flood Projects dated June 23, 1995, it was estimated to cost $580,000 to remedy the flooding situation on Hewitt Drive. In response to further requests from one of the homeowners who flooded, we have looked at reconstructing a portion of the parkway and street at the south end of Hewitt Drive and the north end of the existing concrete drainage channel. Modifications to this portion of Hewitt Drive should allow more overland flow in the street to get into the concrete channel at a lower flood water elevation. This should help mitigate the flooding situation for the two houses that previously flooded. Funding Source: Staff has estimated the cost of the construction to be $24,500. Funds may be appropriated as shown below. From: Unspecified Street Fund Balance (13-00-00-0127) $24,500 To: Hewitt Drive 1996 Minor Drainage Improvements $24,500 (13-23-28-6000) Recommendation: Staff recommends Council approve a budget of $24,500 for the Hewitt Drive 1996 Minor Drainage Improvements and appropriation of funds as detailed above. ./ Finance Review Finance Dlrec10r CITY COUNCIL ACTION ITEM Page 1 of . t, . I ,j I T ,JJ- ~TT'" "~'"1 /' :~ ., /' --.0;' ~dAJiJ..5t~.Q \'¡;'_f.~ ~. J ' : ' ; ,,/ ~ í I II it "'1 / =<;:, ~ SH,~ OIr CRG"[ RD .~,I I / <:. 4 ~~ r PF·:Wr- _ : / -.~ , :;> I ,. \, W { L SO ,v, ;" /~~, J \"ì ~ L~~~ I BI'~"Er Rþ, ~ ... ~ i-~'3' ~ /' ~ I' SF: RO I _ \ m ~, v~ 'ò CRu'V "L" DR _'1 . I ( "-.J ~ to> ---l-/rr- -f ~ H- I ~ 11...../..... c::¡ :-----4 jL-~1 ~ P U~ ~-= '-! ~ j STARh..l I n,.; R~MF EL-;' R -1 - ~~ ~ ) r;;¡ >~.~ .-:~ r< ~ .... r- 1t~ = - -¡.-----::;¡ - - -.... o - d - _ C L c::¡ ~ ~GHTIfE'~r-DR, - ~ 1 I I 7 h !:,{[ InR ËJ~' Vi J - '"C-;¿\\~ ~ 0- - ~ 11 ~~. ,~b~ 51Tt5.. I ~ ~l ~ c::¡ 1_+_1- -. r--- '"" l l l- Q:: , _ h -- -----.......:L ..... :': ," y~ ~ . CIIAP"'" " --,;:: ,( &~'- t:=. J .. _.... ' I ill _::c - Þ omw I T )-.I-- =) _ ... __I I P -... ,co¡ r c. _ _ 0 1 7 .r-.____...... , ''l?'.' --- \. rr- --n :;. _ ' _;,. ~l ) , ( :" I 1 I"¡ JJ. tc ',,, "\- i W /-1 h ~~ W f ~ wn ,v J~J MART R; ~..ti,lUcA ~--1 - ~ ? ..' l (//rlll-,V~~ It'ry ~ ~~~:- )J ~:;:/ t~, ~ Ii ?7 - ¡ ~JJ Q:: ~ t." ( /~.;~ 1R D ~~~~ [rr:[\c..--rl~ ~,~ V,»' .. T " ../"~:~...' \), ,,#,< ~\~\. ~ ~ -\ \ '23,./ \ ~ JruF.'1a1 ,,' /' / ~~/ -r: -: t I \ ' I I I 11'~ 1..\, \\~f "', I v}u ¡:: I TI;! e", \ I I..-j -- ... .\..;" ~~~ ; I . ~~~IJ,~ 'r:~~\ \ \ I: L .I' ¡ \~. .s~~~" "\ ~ ,}}1C '\ \ \ \' ' \,"~~/" , ~ Ll \)\}...~ T Q 1 / 't/ ,~. (NTF.RST~n: /.001' ¡I/:?o N _ -5, :.ì·/~L~t, ~=t;~~~_IfARIr()~: fW ........~ ! ,'-J -- - <.. c. "" Q. ---D- BURS£)' R~ ! ~fi"Îì I -..-Llil ~ ~- r'l - -= ~qT ~r~, -U~TARN S ~~ r ~ ~\\ f--- I ~ >-- - [Q:: .1 ~ '\:-' r-- L ~\ _ ~ e:= 'U'TOW R 0 '\.j ~ 'f. \ /H: LN - c ~ ~ " ,ft.. MA rr---l , , - ~- ~ --.. - ','.: J ¡-- ,.--:-..L- ;\.., \_,../ ,: I)~'" . q .~ : .,: (~ " I'" --"_··~1 I í- . , ....-. . 9 - '~/n' ;-1 y"\ ; '/\ - __.u -""'71 . /: -~ o. ,/ f / 'I ~~--:. ... j ....~ S i ,~~ : r - , ,:.-- · North Richla.:n.d. Hills HEWITT ST. DRAINAGE BEGINNING OF CONCRETE CHANNEL January 5, 1996 .....................................................................................................................................................................................-.................................................................---............................-...................................................................--.... · . · . · . · . · . · . · . · . ¡ SAWCUT. REMOVE AND ¡ · CONSTRUCT TRAPEZOIDAL ~ FLUME WITH 6 FT. BOTTOM ...... SCALE: 1" = 20 I ...... ...... ...... ...... ...... ....... CONSTRUCT 5" THICK ...--- REINFORCED CONCRETE · i... __ __. __ __ __. __ __m __.. ............................ ....... __ m.. .__.. ...... ........__ __..... .................... ....mm .......... __............................ ..................... ........... .......... . North Rich1a.:n..d. Hi.11s Drainage Construction Cost Estimate HEWITT ST. DRAINAGE January 5, 1996 Item Qty. Unit Price Extension Sawcut existing HMAC 100 LF $ 3.75 $ 375.00 Sawcut existing Headwall 18 LF 7.50 135.00 Remove existing HMAC 150 SY 10.50 1,575.00 Excavate and Haul Off 210 CY 7.00 1,470.00 Unclassified Material Remove and Reinstall existing 1 LUMP SUM 1,500.00 1,500.00 chain link fence Construct 6" lime stabilized 160 SY 7.00 1,120.00 subgrade Lime for subgrade 2.5 TON 140.00 350.00 Construct 6" HMAC Pavement 150 SY 17.00 2,550.00 Construct Trapezoidal Flume: 15 CY 400 6,000.00 Top=12 I ; Bot=6 I ; Depth=l ' Dowel Prop. Flume into 14 EA 60.00 840.00 existing headwall with #3 bars @ 12" c-c Construct 5" concrete flat 150 SY 42.00 6,300.00 work wi #3 @ 18" c.c.e.w. Subtotal $ 22,215.00 Contingencies 2,285.00 GRAND TOTAL $ 24,500.00 . .~ CITY 0 F NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Approve Agreement with the State of Texas for the Reconstruction of the Rufe Snow Drive/l H 820 Agenda Number: Bridge - Resolution No. 96-07 1/22/96 Subject: PW 9S-0Q Resolution No. 96-07 authorizes the Mayor to execute this agreement for the Rufe Snow Drive Bridge/I.H. 820 Project. This project will be partially funded by the federal government through the Intermodal Surface Transportation Efficiency Act of 1994 (ISTEA). The federal and state funds obligated to the project by this Congestion Mitigation and Air Quality Improvement Program (CMAQ) agreement are $1,874,040. The agreement describes the City being responsible for the engineering, right-of-way (ROW) documents, utility adjustments, and maintenance. The State will acquire the right-of-way and inspect/administer the construction process. Upon approval ana execution of this agreement by the City, it will be sent back to the Texas Department of Transportation (TxDOT). After TxDOT signs the agreement, they will request payment from the City in the amount of $5,700. This is the estimated funds required by the State to administer the project. This payment will be credited towards the City's share of the total funding for the project. The City's share for the entire project is shown in the 1995 Transportaiton Improvement Program to be $841,960. Funding Source: Sufficient funds were budgeted for this project in the 1995/96 C I P Budget. Recommendation: Staff recommends Council approve Resolution No. 96-07. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other 20-02-04-6000 Finance Director ~"- ty Manager CITY COUNCIL ACTION ITEM Page 1 of . . . RESOLUTION NO. 96-07 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: The Mayor be, and is hereby authorized and directed to execute the ISTEAlCMAQ Agreement of this date with the Texas Department of Transportation dealing with construction of appurtenances to the Rufe Snow Drive Bridge at I.H. 820 as the act and deed of the City. 2. A copy of said agreement is attached hereto, marked Exhibit "An, and made a part hereof. 3. The sum of $5,700 as payment to the State of Texas to cover their administrative costs is hereby approved. The funds have already been appropriated for the City's portion of the engineering cost for this 1994 Bond Program project under account number 20-02-04-6000. PASSED AND APPROVED this 22nd day of January, 1996. APPROVED: Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY Attorney for the City . Agreement No. 5XXF6095 Tarrant County CSJ: 0008-14-086 IH 820 at Rufe Snow Drive 62% Federal 23% Local 15% State STATE OF TEXAS * COUNTY OF TRAVIS * AGREEMENT (CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM) THIS AGREEMENT, is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State" and the City of North Richland Hills, Texas, acting by and through its authorized officials, hereinafter called the "City". WIT N E SSE T H . WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA") codified under Title 23 U.S.C. Section 101 et seq., establishes the National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner; and WHEREAS, Title 23 U.S.C. Section 149 establishes a congestion mitigation and air quality improvement program ("CMAQ") to contribute to the attainment of a national ambient air quality standard to be implemented by the States' Transportation Agencies; and WHEREAS, Title 23 U.S.C. Section 134 establishes that Metropolitan Planning Organizations ("MPO's") and the States' Transportation Agencies to develop transportation plans and programs for urbanized areas of the State; and WHEREAS, the City is a member of the North Central Texas Council of Governments, a Metropolitan Planning Organization established under the laws of the State of Texas. WHEREAS, the State and the City desire the improvements to the intersection of IH . 820 at Rufe Snow Drive, by adding a bridge as shown in the attached Exhibit "A", to be hereinafter identified as the "Project"; and 12/14/95 Page 1 of 10 Type Mp" . . . WHEREAS, Title 23 V.S.C. Section 120 establishes that the Federal share of funding for CMAQ will not exceed eighty percent (80%) of the cost of the Project; and WHEREAS, the City has offered to participate in the development and construction of the Projects by providing funding, preparing the design documentation, accomplishing utility adjustments and other necessary items required by the State; and WHEREAS, on the Resolution No. day of 19 , the City Council passed attached hereto and identified as Exhibit "B", authorizing the City's participation in the development of the Project; and WHEREAS, the State will secure the federal cost share, let the construction contract, provide the construction inspection, provide other items as required; and WHEREAS, on the 30th day of November, 1994, the Texas Transportation Commission passed Minute Order 104667, attached hereto and identified as Exhibit "C", authorizing the Project through the State Transportation Improvement Program; 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. CONTRACT PERIOD This agreement becomes effective upon final execution by the State and shall terminate upon completion of the Project or unless terminated or modified as hereinafter provided. 2. SCOPE OF PROJECT A. The State and the City agree that the scope of the Project shall be limited to the scope authorized by the Texas Transportation Commission. B. The Project will be designated a part of the State Highway SY5tem as a METROPOLITAN HIGHWAY for the limited purpose of constructing the roadway; however, any existing city roads within the limits of the Project will not be designated or incorporated therein prior to the State's award of the construction contract. 12/14/95 Page 2 of 10 Type "p" . C. The City will continue to provide maintenance for all city roads within the limits of the Project until the State's award of the construction contract. 3. ACQUISITION OF RIGHT-OF-WAY The State will be responsible for the acquisition of the necessary right-of-way required tor the Project. 4. RIGHT-OF-WAY DESCRIPTION The City shall prepare right-ot-way maps, property descriptions and other data as needed to properly describe the right-ot-way which the State is to acquire and provide tor the Project. The right-ot-way maps and property descriptions shall be submitted to the State tor approval. Tracings ot the maps shall be retained by the State tor its permanent records. 5. UTILITY ADðUSTMENTS/RELOCATIONS If the required right-of-way encroaches upon existing utilities and the proposed highway construction requires the adjustment, removal or relocation of such utility . facilities, the City and its consulta'nt will establish the necessary utility work and notify the Texas Department of Transportation in order that this work may be coordinated with the appropriate utility company. The State shall be responsible for all costs associated with the adjustment, removal or relocation ot such utility facilities, and such adjustment, removal or relocation shall be in accordance with applicable State law, regulations, policies and procedures. In the event additional utilities are required to be adjusted, removed or relocated during the construction ot the Project, the State will be responsible tor all costs associated with the additional utility work. 6. CERTIFICATION The City shall provide to the State forty-five (45) days prior to the construction contract let date, a certification that all right-of-way has been acquired, all environmental problems have been remediated and all conflicting utilities have been adjusted to clear the proposed construction. . 12/14/95 Page 3 of 10 Type "p" . . . 7. ENVIRONMENTAL MITIGATION A. The City will be responsible for the mitigation and remediation of any environmental problems associated with the development and construction of the Project. The City shall provide to the State written certification from the appropriate regulatory agency(s) or their designated representative that the environmental problems have been remedied. The State will not let the construction contracts until all environmental problems have been remediated by the City. B. All costs associated with the remediation of the environmental problems shall be the responsibility of the City and/or the property owners. These costs will not be reimbursed or credited towards the City's financial share of the Project. 8. ENGINEERING SERVICES A. The City -will prepare or cause to be prepared the preliminary engineering necessary for the development of plans, specifications and estimates (P.S.& E). Development of the preliminary engineering shall include an environmental assessment and the holding of necessary public meetings and public hearings. B. The P.S.& E. shall be developed by the City or its consultant in accordance with the State's latest Standard Specifications For Construction Of Highways, Streets And Bridges or its currently approved revisions. C. The City shall submit the completed P.S.& E. to the State for review and approval. Should the State determine that revisions are required to the P.S.& E., the City shall make the necessary revisions. The State will not let the construction contract until the P.S.& E. have been approved by the State. 9. PROJECT FUNDING A. The total costs for the construction of the Project, is estimated at $2,444,000. B. The State will be responsible for securing the federal share of the funding required for the development and construction of the Project. The City will be responsible for any non-federal/State participation costs associated with the Project. 12/14/95 Type "p" Page 4 of 10 · · · C. Upon execution of this agreement, the City will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount of $5,700. This amount is based on one percent (1%) of the estimated local share participation cost. The funds will be utilized by State to review the engineering documentation and other incidental costs. D. Sixty (60) days prior to the date set for receipt of the construction bids, the State will notify the City that its financial share for the construction is required. The City shall remit a check or warrant in the amount established by the State within thirty (30) days from receipt of the State's written notification to the address provided herein. E. In the event the State determines that additional funding is required by the City at any t~me during the development of the Project, the State will notify the City in writing of the additional amount. The City will make payment to the State within thirty (30) days from receipt of the State's notification. Upon completion of the Project, the State will perform an audit of the cost and any funds due the City will be promptly returned. F. If after the execution of the agreement the City elects to terminate the Project, the City shall be responsible for those eligible expenses incurred by the State which are attributable to the Project. 10. INDIRECT COST RECOVERY PLAN Article 6252-5f, V.T.C.S., requires the State to recover indirect costs based on a percentage of the State's actual direct costs to complete the Project. The indirect costs will be in accordance with the State's Indirect Cost Recovery Plan and will be based on the City's funding percentage provided herein. 11. CONSTRUCTION RESPONSIBILITIES A. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award a contract for construction of the Project in accordance with existing procedures and applicable laws. Any field changes, supplemental agreements or additional work orders which may become necessary subsequent to the award of the construction contract shall be the responsibility of the City and subject to the approval of the State. 12/14/95 Type "p" Page 5 of 10 . B. The state will supervise and inspect all work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the Project is accomplished in accordance with the approved P.S.& E. 12. MAINTENANCE RESPONSIBILITIES Upon completion of the Project, the State will assume responsibility for maintenance of the completed facility. 13. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the City shall remain the property of the City. All documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be mad~ available to the State without restriction or limitation on their further use. 14. TERMINATION . A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of both parties. (2) By either party, upon the failure of the other party to fulfill the obligation as set forth herein. B. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and City under this agreement. If the potential termination of this agreement is due to the failure of the City to fulfill its contractual obligations as set forth herein, the State will notify the City that possible breach of contract has occurred. The City should make every effort to remedy the breach as outlined by the State within a period mutually agreed upon by both parties. 15. REMEDIES . This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 12/14/95 Page 6 of 10 Type Up" . . . 16. INDEMNIFICATION The City acknowledges that it is not an agent, servant, or employee of the State and thus, is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work defined in this agreement. 17. AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the City and the State. 18. 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 o~ unenforceability shall not affect any other provisions hereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 19. COMPLIANCE WITH LAWS The City shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the agreement. When required, the City shall furnish the State with satisfactory proof of the compliance therewith. 20. NOTICES All notices .to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: 12/14/95 Page 7 of 10 T~e u~ . State: Texas Department of Transportation 2501 Southwest Parkway P.o. Box 6868 Fort Worth, TX 76115-0868 Attn: Wes Heald, District Engineer City: The City of North Richland Hills, Texas P.O. Box 820609 North Richland Hills, Texas 76182 Attn: C.A. Sanford, City Manager . All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. 21. SOLE AGREEMENT . This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. 22. INSPECTION OF BOOKS AND RECORDS The State will, for purpose of termination of the agreement prior to completion, examine the books and records of the City for the purpose of checking the amount of the work performed by the City at the time of contract termination. The City shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for three (3) years from the date of completion of work defined under this contract or until impending litigation is resolved. Additionally, the State, FHWA and their duly authorized representatives shall have access to all 12/14/95 Page 8 of 10 Type lip" . . . records of the City which are directly applicable to this agreement for the purpose of making audits, examinations, excerpts and transcriptions. 23. OMB AUDIT REQUIREMENTS The City shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in paragraphs 6, 8 and 9 of OMB Circular No. A-128. 24. PROCUREMENT AND PROPERTY MANAGEMENT STANDARDS The City shall adhere to the procurement standards established in Title 49 CFR Part 18.32 and the property management standards established in Title 49 CFR Part 18.36. 25. CIVIL RIGHTS COMPLIANCE The City shall comply with the regulations of the Department of Transportation as they relate tQ nondiscrimination (49 CFR 21 and 23 CFR 710.405 (B)); also Executive Order 11246 titled "Equal Employment opportunity," as amended by Executive Order 11375 and as supplemented in the Department of Labor regulations (41 CFR 60). 26. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS The City shall comply with the "Disadvantaged Business Enterprise Program Requirements" established in 49 CFR Part 23, Subpart D. 27. DEBARMENT CERTIFICATIONS The City is prohibited from making any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. ·The City shall require any party to a subcontract or purchase order awarded under this contract as specified in Title 49 of the Code of Federal Regulation, Part 29 (Debarment and suspension) to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 12/14/95 Type up" Page 9 of 10 . . . IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF NORTH RICHLAND HILLS, TEXAS By: Typed Name Title Date ATTEST: City Secretary THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation co~ssion under the authority of Stand Alone Manual Notice 95-4 for the purpose and effect of activating and carrying out the orders, established policies or work programs heretofore approved by the Texas Transportation Commission. By: Charles W. Heald, P.E. Typed Name District Engineer Title Date 12/14/95 Page 10 of 10 Type Up" '1.e~~ :~ 'è.\i$ã':" '.'f::;; <',~ .~~' ~::'=; ~;"-~"è. :\J':: ';» ; '¡"of':: 1 ~',~..,·,;.:.',~c'._,~,:,·, ·.:.~,L.{,{~.~~~;t¿.·.~, :.l,~,:,~,:.¡&~J<i~J¡I"",~!',.<'-¿¡,œt::;~00é'·~:L;;-,.",.·.~,8.;'I:,~I/;,,: ":,~,~,~,~,,.~~,~_,~,'~,¡~~',~",¡;;,"TI§-{ £;;,;;:,;~~:;'.;..,~,~.'....%,',','~.:,.,/'.':,'.,','..'.,. :"'W~'~"';>Ej,,'R'~'<'-"'~_' 59,:.. '. ,RIl! 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I.... :5 , t , 26 "A" 'R l 1 ~~ ~l~ ð~ ~I£, · · · . . - ;, ~ .. - SEi.¿T BY: TXDOT :12-12-94; 7:51 TXDOT- 817 370 6759:# 2 VARIOUS TEXAS TRANSPORT A TION COMMISSION County MINUTE ORDER Page -L of -2- Pages I L District V ARlOU~ WHEREAS, Title 23, United States Code, Sections 134 and 135, as amended by the I~termodal Surface TraDsportation Efficiency Act (ISTEA) of 1991, requires each designated ~etropolitan Planning Organization (MPO) and the State, respectively, to develop a Transportation Improveplent Program (TIP) as a condition to securing federal funds for tfansportation projects Under either Title 23 or 49 of United States Code; and; WHEREAS, Se¡ction 134{h) requires an MPO to develop its TIP in cooperation with the state and affected tranSi~ operators; to provide citizens, affected public agencies, representatives of transportation agency employees, other affected employee representatives, private providers of transportation and other interested parties with a reasonable opportUnity to comment on the proposed TIP; and further requires the TIP to be updated at least once every two years and to be ap~roved by the MFO and the Governor; and WHEREAS, S~on 135(f) requires the State to develop a Statewide Transportation Iµtprovement Program (STIP) for all areas of the state in cooperation with those designated ¥POs; and further req1.,lires the cJovernor to provide citizens, affected public agencies, r¢presentatives of transportation agency employees, other affected employee representatives, private providers of trapSportation and other interested parties with a reasonable opportunity to Comment on the propoSed STIP; and WHEREAS, Sections 134{h) and 135(f) specify the respective requirements and eligibility c,riteria for projects to be included in the respective TIPs; and WHEREAS, by letter dated September 9, 1992, addressed to federal transportation officials, the Honorable Ann W. Richards, Governor of Texas, has delegated to the Texas "transportation Commission (the commission) those powers and responsibilities granted to her by ISTEA, save and except the Recreational Trails programs; and WHEREAS, th¢ FY 1995-1997 STIP, which was approved by commission Minute Order 104371, on September 29, 1994, included the FY 1994-1996 TIPs for the Dallas-Fort Worth, and Houston MPOs; and WHEREAS, the MPOs in the non-attainment areas of Dallas-Fort Worth and Houston desire to replace their FY 1994-1996 TIPs in the FY 1995-199.7 STIP with new FY 1995-1997 TIPs as shown in Exlúbit ~ AU; and ' WHEREAS, the MPOs have presented these new TIPs for public comments; and WHEREAS, the fmal rule on transportation conformity requires the TIP in a non- ~ttainment area to show a reduction in the Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOx); and WHEREAS, the Houston TIP met the air quality transportation conformity requirements as promulgated by the federal final rule on transportation conformity; and EXHIBIT ··C" . . . ~ " VARIOUS TEXAS TRANSPORTATION COMM:.I&. .IN County MINUTE ORDER Page ..l.. of .2.- Pages District V ARlOUS WHEREAS, the Dallas-Fort Worth conformity analysis met the VOC test and not the NOx test; and WHEREAS, the Dallas-Fort Worth MPO has adopted its FY 1995-1997 TIP subject to receiving a NOx waiver from the federal Environmental Protection Agency ~PA); and WHEREAS, the commission, at its meeting on October 27, 1994. reviewed the drafts of the TIPs for the non-attainment areas of Dallas-Fort Worth and Houston and by commission Minute Order 104500 directed the executive director to conduct or have conducted a public hearing on these TIPs and to report public comments together with the department's recommendations or responses for final action by the commission at the earliest date consistent with applicable policies and procedures; and WHEREAS, widespread notice was made available for review and comment at each of the department's twenty-five (25) district offices. and at the department's headquarters in Austin. to provide input from citizens, affected public agencies. representatives of transportation agencies employees. other affected employee representatives, private providers of transportation and other interested parties in accordance with Sections 134 and 135 of the United States Code; and WHEREAS, a public hearing on these TIPs was held at the department's offices at 200 East Riverside Drive in Austin, Texas. on November 18, 1994; and WHEREAS; oral and written comments received due to this hearing process were analyzed and the,department's responses and recommendations were submitted to the commission for consideration as reflected in Exhibit -B"; and WHEREAS, the commission finds that the requisites of Section 134 have been satisfied as they pertain to the MPOs' TIPs subject to receiving 2. NOx waiver from the EPA in the Dallas-Fort Worth area.; NOW, THEREFORE, PURSUANT TO THE AUTHORITY DELEGATED TO THIS COMMISSION BY THE GOVERNOR OF TEXAS, IT IS ORDERED THAT the Houston FY 1995-1997 TIP is hereby approved; and IT IS FURTHER ORDERE-q that the Dallas-Fort Worth FY 1995-199711P is approved subject to receiving an EPA NOx waiver; and EX:E-ITI3,IT .,Cn / . . . 'SE~T BY: TXDOT - ,. V ARlOUS District VARIOUS ;12-12-94 7:52 TXDOT- 817 370 6759:# 3 TEXAS TRANSPORT A TION COMMTh"lON County MINUTE ORDER Page ~ of ~ Pages IT IS FURTHER ORDERED that the FY 1995-1997 STIP is hereby amended by taking appropriate actions on projects as shown in Exhibit "A." oni ng and ~~ Deputy Executive Director for Tnmsportation PlanniDg and Development :t04b6:¡ Minute Number Date Passed, ,.HOV 3 0 ~!.1 EXHIBÎT ··C" PAGE NO. I. TRANSPORTATION IMPROVEMENT PROGRAM FORT UORTH DALLAS-FORT uORTH MPO OCTOBER 21, 199~ . FY 1997 --------------------------------------------------------------------------------------------------------------------------- ------ PROJ. 10 FED PROG FEDERAL COMMENTS F. CLASS ST, CAT. STATE LANES PHASE LOCAL LENGTH PlPO ¡OTAL --------------------+-----------+--------+-----------+---------------- COG L.218 ' CPlAO S3,2OO,000 06/97 1 5 800,000 8 C,E 0 0.001 1106 SI., 000, 000 --------------------+ , +----.....-------- COG 2712 CPlAO S68,OOO 11/96 1 5 17,000 0 C,E 0 0.001 1106 S85,000 -------------------+-----------+--------+- , COG 4171 CMAO S1,1.93,800 11/96 1 5 380 , 2l,() I. C,E 8/.1 , 960 0.001 1106 S2,716,000 --------------------.-----------+--------+--- , --- COG /I 1.332 CP\AO S100,713 11/96 3 5 21.,851 E I. C,E 5,232 0.001 1106 S130,7<f6 --------------------+-----------.--------+-----------.---------------- COG /I 4055 CPlAQ S198,l,()(J 08/97 3 5 1.9,600 ,J. C,E,R 62,000 0.001 1106 S310,000 -----------------+-----+----+------+ - COG /I 1.051. CI1AQ S213,500 08/97 3 S 52,500 I. C,E,R 8/.,000 0.001 1106 S350,000 ------------------ I +- I I COG 11 1.121. CMAQ S36,000 01 /97 3 S 9,000 I. C,E;R 15,000 0.001 1106 S6O,000 ------------+--- I .. , - TXOOT rGE S16O,800 11/96 ¡::: 7 0 L- 1 l,() , 200 0.100 1106 S201,000 I I , I TXOOT BRIDGE S265,6OO 11/96 5 6B 0 E 2 C,E 66, l,()(J 0.001 1106 S332,000 ----- I , I I TXOOT DP S7,56O,000 11/96 1 1S 1,890,000 N I. C,E 0 ROADS 1.080 1106 S9,1.50,000 I I I I TXOOT DP S9,672,3I.1 08/96 2 1S 2,1.18,085 I. C,E,R 0 RAFFIC MANAGEI1ENT 1.117 1106 $12,090,L.26 , I , I TXOOT DP $8,971,992 08/96 2 15 2,2lJ.,1.98 N I. C,E,R 0 AND TRAFFIC 1.098 1106 S11,222,I.90 I I , I N . DISTRICT NAI1E OR DESIGNATION COUNTY LOCATION (FROI1) LOCATION (TO) CSJ DESCRIPTION OF UORK , ------ FORT IIORTH IH 20 TARRANT AT "CCART ST IN FORT UORTH 0008-12-905 TRAFFIC SURVEILLANCE SYSTEM I FORT IIORTH IH 3Su TARRANT IH 35U FRTG RDS AT UESTERN CE IN FT UORTH 001/-16-200 TRAFFIC SIGNALS I FORT WORTH IH 820 TARRANT AT RUFE SHOll DR IN NORTH RICH - 0008-11.':'905 ADD ADOITIONAL BRIDGE " I ------- FORT UORTH SH 11' TARRANT HORTHUEST HUY IN GRAPEVINE 03S3~3-901 HIKE AND BIKE TRAIL I ------- FORT IIORTH SH 26 - TARRANT AT PLEASANT RUN IN COLLEYVILL . 0363-01-906 REALIGN INTERSECTION I --- FORT IIORTH SH 26 TARRANT AT GLADE RD IN COLLEYVILLE 0363-01-907 INTERSECTION II1PROVEMEHT . FORT WORTH SP 580 TARRANT AT LAS VEGAS TRL IN FORT UORT 0008-<)1.-901 INTERSECTION II1PROVEI1EHTS I FORT UORTH CS JOHNSON ON FOX LANE AT QUILL PULLER CREEK IN BURL 09Q2-5Q-Ol.7 REPLACE BRIDGE I FORT IIORTH "H TARRANT COOKS LANE AT COTTOHUOOD CRK 867~2-901 REPLACE BRIDGE AND APPROACHES I FORT IIORTH IH 35u TARRANT AT BASSUOOD BLVD 001/-16-211 CONSTRUCT GRADE SEPARATION AN I FORT IIOItTH SH 199 TARRANT 0.6 "I N OF F" 1886 0~5 "I S OF F" 1886 0171-{)l.-{)l. 7 CONSTRUCT INTERCHANGE UITH FI1 I fORT WORTH SH199 TARRANT 0.' "I N OF DENVER TRAIL 0.7 "1 S OF OENVER TRAIL 0171-{)l.-{)l.8 CONSTRUCT INTERCHANGE UITH DE I --------- NTER BLVD LAND HILLS ------- --------- E -------- H --------- ESOH ----- D FRONTAGE 1886 AND T NVER TRAIL -- eHASE: E=ENGINEERIHG, C=CONSTRUCTION, R=ROU, T=TRAHSFER ~~iri\~~,~'Fro" ,t;~ì~~:,t/L" -.~:p~~:~~_I?¡tZÇðl·.~·...I~·~. ~ - "--: .=5f;~:': ~;._~~~~:;'::': 1· CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Approve Agreement with the State of Texas for the Reconstruction of the Rufe Snow Dri\/e/Karen Agenda Number: Drive Intersection - Resolution No. 96-08 1/22/96 PW 96-05 Subject: Resolution No. 96-08 authorizes the Mayor to execute this agreement for the Rufe Snow Drive/Karen Drive Intersection Project. This project will be partially funded by the federal government through the Intermodal Surface Transportation Efficiency Act of 1994 (ISTEA). The federal funds obligated to the project by this Congestion Mitigation and Air Quality Improvement Program (CMAQ) agreement are $268,500. The agreement describes the City being responsible for the engineering, right-of-way (ROW) documents, ROW acquisition, utility adjustments, and maintenance. The State will inspect and administer the construction process. Upon approval and execution of this agreement by the City, it will be sent back to the Texas Department of Transportation (TxDOT). After TxDOT signs the agreement, they will request payment form the City in the amount of $2,150. This is the estimated funds required by the State to administer the project. This payment will be credited towards the City's share of the total funding for the project. The City's share for the entire project is shown in the 1995 Transportation Improvement Program to be $268,500. Funding Source: Sufficient funds were budgeted for this project in the 1995/96 CIP Budget. Recommendation: Staff recommends that Council approve Resolution No. 96-08. Finance Review 13-13-94-6000 Finance O....etOt Page 1 of · · · RESOLUTION NO. 96-08 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: The Mayor be, and is hereby authorized and directed to execute the ISTEAlCMAQ Agreement of this date with the Texas Department of Transportation dealing with construction of appurtenances to the Rufe Snow Drive/Karen Drive Intersection Project as the act and deed of the City. 2. A copy of said agreement is attached hereto, marked Exhibit U A", and made a part hereof. 3. The sum of $2,150 as payment to the State of Texas to cover their administrative costs is herby approved. The funds have already been appropriated for the City's portion of the engineering cost for this 1994 Bond Program project under account number 13-13-94-6000. PASSED AND APPROVED this 22nd day of January, 1996. APPROVED: Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY Attorney for the City . . . Agreement No. 5XXF6090 Tarrant County CSJ: 0902-48-281 Rufe Snow From: Karen Drive To: I H 820 56 % Federal 44% Local STATE OF TEXAS * COUNTY OF TRAVIS * AGREEMENT (CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM) THIS AGREEMENT, is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State" and the City of North Richland Hills, Texas, acting by and through its authorized officials hereinafter called the "City". WIT N E SSE T H WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA") codified under Title 23 V.S.C. Section 101 et seq., establishes the National Interrnodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner; and WHEREAS, Title 23 V.S.C. Section 149 establishes a congestion mitigation and air quality improvement program ("CMAQ") to contribute to the attainment of a national ambient air quality standard to be implemented by the States' Transportation Agencies; and WHEREAS, Title 23 V. S. C. section 134 establishes that Metropolitan Planning Organizations ("MPO's") and the States' Transportation Agencies to develop transportation plans and programs for urbanized areas of the State; and WHEREAS, the City is a member of the North Central Texas Council of Governments, a Metropolitan Planning Organization established under the laws of the State of Texas. , WHEREAS, the State and the City desire the intersection improvements of Rufe Snow Drive from Karen Drive to IH 820, as shown in the attached Exhibit "A", to be Type "J" 12/14/95 Page 1 of 12 . hereinafter identified as the "Project"; and WHEREAS, Title 23 V.S.C. Section 120 establishes that the Federal share of funding for CMAQ will not exceed eighty percent (80%) of the cost of the Project; and WHEREAS, the City has offered to participate in the development and construction of the Projects by providing funding, preparing the design documentation, acquiring the necessary right-of-way, accomplishing utility adjustments and other necessary items required by the State; and WHEREAS, on the day of 19 the City Council passed Resolution No. , attached hereto and identified as Exhibit "B", authorizing the City's participation in the development of the Project; and WHEREAS, the State will secure the federal cost share, let the construction . contract, provide the construction inspection, provide other items as required; and WHEREAS, on the 30 day of November, 1994, the Texas Transportation Commission passed Minute Order 104667, attached hereto and identified as Exhibit "C", authorizing the Project through the State Transportation Improvement Program; 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. CONTRACT PERIOD This agreement becomes effective upon final execution by the State and shall terminate upon completion of the Project or unless terminated or modified as hereinafter provided. 2. SCOPE OF PROJECT " . A. The State and the City agree that the scope of the Project shall be limited to the scope authorized by the Texas Transportation Commission. B. The Project will be designated a part of the State Highway System as a METROPOLITAN HIGHWAY for the limited purpose of constructing the roadways; however any existing city roads within the limits of the Project will not be designated or 'incorporated therein prior to the State's award of the construction contract. Type "J" 12/14/95 Page 2 of 12 . C. The City will continue to provide maintenance for all city roads within the limits of the Project until the state's award of the construction contract. 3. ACQUISITION OF RIGHT-OF-WAY A. The City shall pay all costs and perform all necessary requirements to provide title in the name of the City to the desired right-of-way required for the construction of the Project, which title shall be acceptable to the State. The City shall provide all right-of-way free and clear of all improvements and/or encroachments. 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 in conveying the right-of-way to the City, and benefits applicable to the relocation of any displaced person as defined in 49 CFR, 24.2(g). Documentation to support such compliance must be maintained and must be made . available to the State and its representatives for review and inspection. The City shall secure and provide easements over any other land in addition to normal right- of-way as may be indicated on the approved right-of-way map. The City will be responsible for any additional right-of-way required for the completion of the Project. B. In the event the right-of-way is donated to the City after the federal authorization date for acquisition of right- of-way, the City will provide all documentation to the State regarding the value of the acquired property. The State will review the City's appraisal of the donated property to determine the fair market value. The fair market value of donated right-of-way will be credited towards the City's financial share towards the cost of the project. C. The State will not reimburse the City any funds in the event the right-of-way was purchased before execution of this agreement or the fair market value of the donated property exceeds the City's financial share towards the project. 4. RIGHT-OF-WAY DESCRIPTION ,"' . "The City shall prepare right-of-way maps, property descriptions and other data as Type "J" 12/14/95 Page 3 of 12 . needed to properly describe the right-of-way which the City is to acquire and provide for the project. The right-of-way maps and property descriptions shall be submitted to the State for approval prior to the City acquiring the necessary right- of-way. Tracings of the maps shall be retained by the City for its permanent records. . . , 5. UTILITY ADJUSTMENTS/RELOCATIONS If the required right-of-way encroaches upon existing utilities and the proposed highway construction requires the adjustment, removal or relocation of such utility facilities, the City and its consultant will establish the necessary utility work and notify the appropriate utility company to schedule their adjustments. The City shall be responsible for all costs associated with the adjustment, removal or relocation of such utility facilities, and such adjustment, removal or relocation shall be in accordance with applicable State law, regulations, policies and procedures. In the event additional utilities are required to be adjusted, removed or relocated during the construction of the Project, the City will be responsible for all costs associated with the additional utility work. 6. DETERMINATION OF RIGHT-OF-WAY VALUES The City agrees to make a determination of property values for each right-of-way parcel by methods acceptable to the State and to submit to the State's District Office a tabulation of the values so determined, signed by the appropriate City representative. Such tabulations shall list the parcel numbers, ownership, acreage and recommended compensation. Compensation shall be shown in the component parts of land taken, itemization of improvements taken, damages (if any) and the amounts by which the total compensation will be reduced if the owner retains improvements. This tabulation shall be accompanied by an explanation to support the determined values, together with a copy of information or reports used in arriving at all determined values. Expenses incurred by the City in performing this work may be eligible for reimbursement after the City has received written authorization by the State to proceed with determination of right-of-way values. The State will review 'the data submitted and may base its reimbursement for parcel acquisitions on the Type "J" 12/14/95 Page 4 of 12 . . . values which are determined by this review. 7. CONDEMNATION Condemnation proceedings will be initiated at a time selected by the City and will be the City's responsibility at its own expense as hereinafter indicated. The City will concurrently file condemnation proceedings and a notice of lis pendens for each case in the name of the City, and in each case so files the judgement of the court will decree to the City title to the property condemned. 8. COURT COSTS, COSTS OF SPECIAL COMMISSIONERS' HEARINGS Court costs of Special commissioners' hearings assessed against the City in condemnation proceedings and fees incidental thereto will be paid by the City. Such costs and fees incurred after written authorization by the State to proceed with condemnation will be eligible for reimbursement at an amount not to exceed fifty six percent (56%) of the actual cost under the established reimbursement procedure provided such costs and fees are eligible for payment. 9. REIMBURSEMENT Reimbursement will be made to the City for right-of-way purchased in an amount not to exceed fifty six percent (56%) of the cost of the right-of-way purchased in accordance with the terms and provisions of this agreement. Reimbursement will be in accordance with the terms and provisions of this agreement. Reimbursement will be in the amount not to exceed fifty six percent (56%) of the State's predetermined value of each parcel, or the net cost thereof, whichever is the lesser amount. In addition, reimbursement will be made to the City for necessary payments to appraisers, expenses incurred in order to assure good title to property acquired and costs associated with the relocation of displaced persons and personal property as well as incidental expenses. Reimbursement shall not exceed fifty six percent (56%) of such documented costs. If condemnation is necessary and title is taken as set forth herein under the section entitled "condemnation", the participation by the State shall be based on the final judgement, conditioned upon the State having been notified as to all action taken therein. Type "J" 12/14/95 Page 5 of 12 . . 10. CERTIFICATION The City shall provide to the state forty-five (45) days prior to the construction contract let date, a certification that all right-of-way has been acquired, all environmental problems have been remediated, and all conflicting utilities have been adjusted to clear the proposed construction. 11. ENVIRONMENTAL MITIGATION A. The City will be responsible for the mitigation and remediation of any environmental problems associated with the development and construction of the Project. The City shall provide to the state written certification from the appropriate regulatory agency(s) that the environmental problems have been remedied. The state will not let the construction contracts until all environmental problems have been remediated by the City. B. All costs associated with the remediation of the environmental problems shall be the responsibility of the city and/or the property owners. These costs will not be reimbursed or credited towards the City's financial share of the Project. 12. ENGINEERING SERVICES A. The City will prepare or cause to be prepared the preliminary engineering necessary for the development of plans, specifications and estimates (P.S.& E). Development of the preliminary engineering shall include environmental assessment and holding of necessary public meetings and a public hearing. B. The P.S.& E. shall be developed by the City or its consultant in accordance with the State's latest Standard Specifications For Construction Of Highways, Streets And Bridges or its currently approved revisions. C. The City shall submit the completed P.S.& E. to the State for review and approval. Should the State determine that revisions are required to the P.S.& E., the City shall make the necessary revisions. The State will not let the construction contract until the P.S.& E. have been approved by the State. 13. PROJECT FUNDING A. The total costs for . at $484,000. right-of-way and construction for the Project is estimated Type "J" 12/14/95 Page 6 of 12 . . . B. The state will be responsible to secure the federal share of the funding required for the development and construction of the Project. The City will be responsible for any non-federal participation costs associated with the Project. C. Upon execution of this agreement, the City will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount of $2,150. This amount is based on one percent (1%) of the estimated local share participation cost. The funds will be utilized by the State to review the engineering documentation and other incidental costs. D. Sixty (60) days prior to the date set for receipt of the construction bids, the State will notify the City that its financial share for the construction is required. The City shall remit a check or warrant in the amount established by the State within thirty (30) days from receipt of the State's written notification to the address provided herein. E. In the event the State determines that additional funding is required by the City at any time during the development of the Project, the State will notify the City in writing of the additional amount. The City will make payment to the State within thirty (30) days from receipt of the State's notification. Upon completion of the Project, the State will perform an audit of the cost and any funds due the City will be promptly returned. 14. INDIRECT COST RECOVERY PLAN Chapter 2106, Texas Government Code, requires the state to recover indirect costs based on a percentage of the state's actual direct costs to complete the Project. The indirect costs will be in accordance with the State's Indirect Cost Recovery Plan and will be based on the City's funding percentage provided herein. 15. CONSTRUCTION RESPONSIBILITIES " A. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award a contract for construction of the Project in accordance with existing procedures and applicable laws. Any field changes, supplemental agreements or additional work orders which may become necessary 'subsequent to the award of the construction contract shall be the responsibility of Type "J" 12/14/95 Page 7 of 12 4IIÞ the City and subject to the approval of the State. B. The state will supervise and inspect all work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the Project is accomplished in accordance with the approved P.S.& E. C. Upon completion of the Project, the State will issue to the City a "Notification of Completion", acknowledging that the Project has been completed. Upon the City's receipt of the "Notification of Completion", the roadway will be removed from the state Highway System and will revert under the jurisdiction of the City. 16. MAINTENANCE RESPONSIBILITIES Upon completion of the Project, the City will assume responsibility for maintenance of the completed facility. 17. OWNERSHIP OF DOCUMENTS 4IIÞ Upon completion or termination of this agreement, all documents prepared by the City shall remain the property of the City. All documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. 18. TERMINATION A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of both parties. (2) By either party, upon the failure of the other party to fulfill the obligation as set forth herein. B. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and City under this agreement. If the potential termination of this agreement is due to the failure of the City to fulfill its contractual obligations as set forth herein, the State will notify the City that possible breach of contract has occurred. The City should make every effort to remedy the breach as outlined hy the State within a period mutually agreed upon by both parties. " 4IIÞ Type IIJII 12/14/95 Page 8 of 12 . . , . 19. REMEDIES This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 20. INDEMNIFICATION The City acknowledges that it is not an agent, servant, or employee of the State and thus, is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work defined in this agreement. 21 . AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the City and the State. 22. 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 other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 23. COMPLIANCE WITH LAWS The city shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the agreement. When required, the City shall furnish the State with satisfactory proof of the compliance therewith. 24. NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid,addressed to such party at the following respective addresses: Type "J" 12/14/95 Page 9 of 12 · · · State: Texas Department of Transportation 2501 Southwest Parkway P.O. Box 6868 Ft. Worth, TX 76115-0868 City: The City of North Richland Hills, Texas P.O. Box 820609 North Richland Hills, Texas 76182 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. 25. SOLE AGREEMENT " This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. 26. INSPECTION OF BOOKS AND RECORDS The State will, for purpose of termination of the agreement prior to completion, examine the books and records of the City for the purpose of checking the amount of the work performed by the City at the time of contract termination. The City shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for three (3) years from the date of completion of work defined under this contract or until impending litigation is resolved. Additionally, the State, FHWA and their duly authorized representative,,; shall have access to all records of the City which are directly applicable to this agreement for the purpose :of making audits, examinations, excerpts and transcriptions. 12/14/95 Type "J" Page 10 of 12 . . . 27. OMS AUDIT REQUIREMENTS The City shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in paragraphs 6, 8 and 9 of OMS Circular No. A-128. 28. PROCUREMENT AND PROPERTY MANAGEMENT STANDARDS The City shall adhere to the procurement standards established in Title 49 CFR Part 18.32 and the property management standards established in Title 49 CFR Part 18.36. 29. CIVIL RIGHTS COMPLIANCE The City shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR 21 and 23 CFR 710.405 (B»; also Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented in the Department of Labor regulations (41 CFR 60). 30. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS The City shall comply with the "Disadvantaged Business Enterprise Program Requirements" established in 49 CFR Part 23, Subpart D. 31. DEBARMENT CERTIFICATIONS The City is prohibited from making any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. The City shall require any party to a subcontract or purchase order awarded under this contract as specified in Title 49 of the Code of Federal Regulation, Part 29 (Debarment and Suspension) to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. " Type "J" 12/14/95 Page 11 of 12 . . . IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF NORTH RICHLAND HILLS, TEXAS By: Typed Name Title Date ATTEST: City Secretary THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation commission under the authority of Stand Alone Manual Notice 95-4 for the purpose and effect of activating and carrying out the orders, established policies or work programs heretofore approved by the Texas Transportation commission. By: Charles W. Heald, P.E. Typed Name District Engineer Title Date " Type IIJII 12/14/95 Page 12 of 12 1 I' ,I, ,~URNþ~~1 ~~~ '; , I, ,/~. ~~sk81 \.... 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BR'DGES BRIDGES "-<, ~, / / ° """I, i~, "rl 4; '" j~D'f I oft \."oj~S\ ",",',' ~\ ~l ~ ''J -'- ':/,"''::-1 CAiI"'..... J..,t! 1 I \_ ~~~\r" ..-,,' . "..\ \ 03'"-' ~ ~ POI> 7918_~ B""ER WEST ,.,<' ",Com f1-- ,? ,'\ rtk~~~~. IJ~" I:¡'r ~, .' :'!rt'~~~· ....,;.".,;~.=-~+ \', : g g~f'ö~I~i:::~ ~ ~~ t-- ~D~~~'" .,: ~,' ' "", ..' -,' \Ba(b(oo~' \. I (,J ~ ~ _!: .~L \0: ~ 1____ ... _r.f".~oJcfJ.0 .... "-,,:A"'" " -....-..:!.Ql-ftv·1 --:- ~ c:: _1 ~r;..-íS20 ..: 0 VV....:;:: ". P..' , .- .--.,~.-+--::: ~,.,_____ ~ ~ ~O' - __ . . "., -~ , ~ :ðrfi~"O" ' ::3; ~ 5 ~ î i //;f . ,: ' [: ~~?;(~~ J ê ,~? ~ ~ ~ ~ ~ 8 ....¡ 5 ~/~ ~: l 0.,.,-", '::', c,,;-s<;¡-- 1/ " :); Q, Q, Q, ~ PN~ P" ~,7 T;"~T TT~Trn .. " .. ':':_.~~~' r3rk ~ 'G~ f ~~) ~ ,_ 1:, -..: j // ,/ - , Bird...Ue Cemelerv -' - . ,,:::"'2~C'__-~ .:--'- -> ~J_ .~¿ "J£RN . .' ~:,." ',- ...-~--~£S -1 ;..- -':':!.'-~ ,,:, ~--. - "'cCUu....AA ~o~~ ! ..r>:r: Î rn ~ S-E~T BY: TXDOT :12-12-94; 7:51 TXDOT- 817 370 6759;# 2 . L . . ,~ :; VARIOUS TEXAS TRANSPORT A TION COMMISSION County MINUTE ORDER Page ----L- of -1- Pages District V ARlOU~ WHEREAS, Title 23, United States Code, Sections 134 and 135, as amended by the I~termoda1 Surface TraÌ1sportation Efficiency Act (ISTEA) of 1991, requires each designated Nietropolitan Planning Organization (MPO) and the State, respectively, to develop a Transportation Improveplent Program (TIP) as a condition to securing federal funds for transportation projects únder either Title 23 or 49 of United States Code; and' WHEREAS. Sq;tion 134{h) requires an MPO to develop its TIP in cooperation with the state and affected tranSi~ operators; to provide citizens, affected public agencies, representatives of transportation agency employees. other affected employee representatives. private providers of ttansportation and other interested parties with a reasonable opportunity to comment on the proposed TIP; and further requires the TIP to be updated at least once every two years and to be approved by the MPO and the Governor; and WHEREAS, S~on 135(f) requires the State to develop a Statewide Transportation lµlprovement Program (STIP) for all areas of the state in cooperation with those designated MPOs; and further req~ires the dovernor to provide citizens. affected public agencies, r¢presentatives of transportation agency employees, other affected employee representatives, private providers of tr~portation and other interested parties with a reasonable opportunity to eomment on the propoied STIP; and WHEREAS, Sections 134{h) and 135(f) specify the respective requirements and eligibility qiteria for projects to be included in the respective TIPs; and WHEREAS. by letter dated September 9, 1992. addressed to federal transportation officials, the Honorabl~ Ann W. Richards, Governor of Texas, has delegated to the Texas "'Çransportation Commission (the commission) those powers and responsibilities granted to her by ISTEA, save and except the Recreational Trails programs; and WHEREAS, the FY 1995-1997 STIP, which was approved by commission Minute Order 104371, on September 29, 1994, included the FY 1994-1996 TIPs for the Dallas-Fort Worth, and Houston MPOs; and WHEREAS, the MPOs in the non-attainment areas of Dallas-Fort Worth and Houston qesire to replace their FY 1994-1996 TIPs in the FY 1995-199.7 STIP with new FY 1995-1997 TIPs as shown in Exhibit ft Aft; and ' WHEREAS, the MPOs have presented these new TIPs for public comments; and WHEREAS, the [mal rule on transportation conformity requires the TIP in a non- <}ttainment area to show a reduction in the Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOx); and WHEREAS, the Houston TIP met the air quality transportation conformity requirements as promulgated by the federal final rule on transportation conformity; and EX::E-J:IBIT "C·· . . . ; -- - .' TEXAS TRANSPORT AnON COMMISSION VARIOUS County MINUTE ORDER Page --L- of 2- Pages District V ARlOUS WHEREAS, the Dallas-Fort Worth conformity analysis met the VOC test and not the NOx test; and WHEREAS, the Dallas-Fort Worth MPO has adopted its FY 1995-1997 TIP subject to receiving a NOx waiver from the federal Environmental Protection Agency ~PA); and WHEREAS, the commission, at its meeting on October 27, 1994. reviewed the drafts of the TIPs for the non-attainment areas of Dallas-Fort Worth and Houston and by commission Minute Order 104500 directed the executive director to conduct or have conducted a public hearing on these TIPs and to report public comments together with the department's recommendations or responses for final action by the commission at the earliest date consistent with applicable policies and procedures; and WHEREAS. widespread notice was made available for review and comment at each of the department's twenty-five (25) district offices. and at the department's headquarters in Austin. to provide input from citizens, affected public agencies, representatives of transportation agencies employees. other affected employee representatives, private providers of transportation and other interested parties in accordance with Sections 134 and 135 of the United States Code; and WHEREAS. a public hearing on these TIPs was held at the department's offices at 200 East Riverside Drive in Austin, Texas, on November 18, 1994; and WHEREAS, oral and written comments received due to this hearing process were analyzed and the department's responses and recommendations were submitted to the commission for consideration as reflected in Exhibit WB w; and WHEREAS, the commission finds that the requisites of Section 134 have been satisfied as they pertain to the MPOs' TIPs subject to receiving a NOx waiver from the EPA in the Dallas-Fort Worth area; NOW, THEREFORE, PURSUANT TO THE AUTHORITY DELEGATED TO THIS COMMISSION BY THE GOVERNOR OF TEXAS, IT IS ORDERED THAT the Houston FY 1995-1997 TIP is hereby approved; and IT IS FURTHER ORDERE~ that the Dallas-Fort Worth FY 1995-1997 TIP is approved subject to receiving an EPA NOx waiver; and EXHIBIT ncn . . . ,SEtH BY: TXDOT VARIOUS District VARIOUS ;12-12-94 7:52 TXDOT~ !:j1'f 370 6759::; 3 TEXAS TRANSPORT AnON COMMISSION County MINUTE ORDER Page ---L- of ---L- Pages IT IS FURTHER ORDERED that the FY 1995-1997 STIP is hereby amended by taking appropriate actions on projects as shown in Exhibit" A." nni ng and ~~ Deputy Executive Director for Transportation Planning and Development 1.04b6)1 Date Passed H.O V 3 0 ~ !.1 , EX:I-I:IBIT ··C" PAGE NO. 2 TRANSPORTATION IMPROVEMENT PROGRAM FORT 1I0RrH DALLAS-FORT IIORTH MPO . F~ 1997 --------------------------------------------------------------------------------------------------------------------------- 0~~Jõ¿~ c:. . NA~E OR DESIGNATION PROJ, ID FED PROG FEDERAL COI1I1ENTS LOCATION (FROI1) F, CLASS ST, CAT, STATE I LOCATION (TO) LANES PHASE LOCAL I DESCRIPTION OF IIORK LENGTH MPC TOT AL I --+------------------------------------------------------------+-----------+--------+-----------+---------------- H CS COG # 4339 STP-1111 5400,000 01/97 REGIONAL CORRIDOR MANAGEMENT SYSTEI1 7 4C 100,000 o T 0 30 INCIDENT DETECTION-RESPONSE PROGRAI1 0.001 1106 5500,000 DISTRICT COUNTY CSJ ---- FORT liORT TARRANT 9902-1,8-9 ----- FORT liORT TARRANT 3125-01-0 - FORT \/ORT TARRANT 8352-02- FORT \/ORT JOHNSON 21.65-()1- ---- FORT IIORT TARRANT 1330-01-0 - FORT IIORT TARRANT 0353-07- - FORT \lOR TARRANT 0902-!,8-9 ---- FORT \/ORT TARRANT 9902-48-9 FORT IIOR TARRANT 9902-48-9 --- FORT \IORT TARRANT 9902-1,8-95 - FORT \/ORT TARRANT .... 9902-1,8-95 / FORT \lOR TARRANT 9902-!,8-95 - FORT \/ORT TARRANT 9902-1,8-95 COG # 16.1.8 4 5 --+------------------------------------------------------------+-----------+--------+-----------+---------------- H FP! 3029 THOUSAND OAK OR SH 26 IN HURST ON PRECINCT LINE RD 10 IIIDEN FROP! 5 TO 7 LANES 0.900 --.-----------------------------------------------------------+-----------+--------+-----------.---------------- HOOT 4 2 H "H ON DEBBIE LANE FRO" BUSINESS US 287-P US 287 IN P!ANSFIELD 001 RECONSTRUCT EXISTING TIIO LANES TO A DIVIDED FOUR LANE 1.100 --. -----------------------------------------------------+-----------+--------+-----------+---------------- TXDOT 5 2 H FI1 2280 US 67 FM 917 IN SECTIONS 009 IIIDEN EXISTING TIIO LANES TO INCLUDE PAVED SHOULDERS 4.852 --+------------------------------------------------------------+-----------+--------+-----------+---------------- E H FH 1187 AT I1KT RR EAST OF CROIILEY HOOT 3 o 29 RAILROAD GRADE SEPARATION & APPROACHES 0.001 --+------------------------------------------------------------+-----------+--------+-----------+---------------- H BS 114L SH 114 TO SH 26 IN GRAPEVINE COG # 4164 3 4 903 CORRIDOR IMPROVEHENTS 1.900 --+------------------------------------------------------------+-----------+--------+-----------+---------------- .- . STP-I1M I.C C,E 1106 STP-UM 40 C,E,R 1106 STP-R 4F C,E 1106 STP-RX 4G C,E,R 1106 CMAQ 5 C,E,R 1106 TH CS FORT ~ORTH TRANSIT AUTHORITY COG #2674A C"AQ 4 5 o T 0.001 1106 82 REPLACE 79 BUSES 51,126,400 11/96 281,600 352,000 51,760,000 51,164,028 11/95 291,007 461,000 51,916,035 52,128,080 11/95 532,020 ° 52,660,100 52,317,440 08/97 579,360 o 52,896,800 52,849,353 11/96 736,902 1 , 326,1.23 54,912,677 56,560,000 01/97 o 1,640,000 58,200,000 --+------------------------------------------------------------+-----------+--------+---------- . H CS COG # 4311. CHAC 5129,600 11/96 PIPELINE RD / HELBOURNE RD IN HURST 4 5 0 4 C,E,R 110,l.OO 44 INTERSECTION IP!PROVEP!ENTS 0.001 1106 52l.O,000 ---+------------------------------------------------------------+ ---+--------+-----------+---------------- TH CS RUFE SHO~ ~ GLENVIEII OR IN NORTH RICHLANO HILLS l.6 INTERSECTION IP!PROVEHENTS COG # 4172 CMAC 5250,000 11/96 4 5 ° 4 C, E, R 250,000 0.001 1106 S500,000 --------------------------------+-----------+--------+-----------+ --+------------ COG # l.O13 4 4 H CS FIELDER RD/HOR~OOD LN IN ARLINGTON o INTERSECTION I"PROVEP!ENTS 0.001 -+----------------------------+--------+-----+------+------- CMAC 5 C,E,R 1106 5120,750 10/97 o 54,250 $175,000 COG # 1.173 4 I. Q\AQ $268,500 11/96 5 0 c,E,R 268,500 0.001 1106 $537,000 _________-+------+-------+- I COG , l.O15 C"AQ $120,750 10/97 4 5 0 I, C,E,R 54,250 0.001 1106 $175,000 I COG , 1.012 CMQ $355,500 rJl/97 4 5 0 4 C,E,R 94,500 0.001 1106 5450,000 H CS RUFE SHO~ FROP! KAREN OR TO IH 820 IN NORTH RICHLANO HILLS INTERSECTION IP!PROVEP!ENTS --+-- TH CS PARK ROW OR ; HOR\IOOD LH IN ARLINGTON I, INTERSECTION IP!PROVEP!ENTS , ----------- H CS OAK\IOOO l.N TO RANDOL P!ILL PARK ON RANDOL "ILL RO IN ARLINGTON 5 CORRIOOR IP!PROVEHENTS ------- --------------------------------------------------------------------------------------------------------------------------- . PHASE: E=ENGINEERING, C=CONSTRUCTION, R=ROII, T=TRANSFER EXHIBIT "C;" CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Approve Agreement with the State of Texas for for the Reconstruction of the Rufe ~now Drivel Agenda Number: Glenview Drive Intersection - Resolution No. 96-06 1/22/96 PW-96-06 Subject: Resolution No. 96-06 authorizes the Mayor to execute this agreement for the Rufe Snow Drive/Glenview Drive Intersection Project. This project will be partially funded by the federal government through the Intermodal Surface Transportation Efficiency Act of 1994 (ISTEA). The federal funds obligated to the project by this Congestion Mitigation and Air Quality Improvement Program (CMAQ) agreement are $250,000. The agreement describes the City being responsible for the engineering, right-of-way (ROW) documents, ROW acquisition, utility adjustments, and maintenance. The State will inspect and administer the construction process. Upon approval ana execution of this agreement by the City, it will be sent back to the Texas Department of Transportation (TxDOT). After TxDOT signs the agreement they will request payment from the City in the amount of $2,000. This is the estimated funds required by the State to administer the project. This payment will be credited towards the City's share of the total funding for the project. The City's share for the entire project is shown in the 1995 Transportation Improvement Program to be $250,000. Funding Source: Sufficient funds were budgeted for this project in the 1995/96 CIP Budget. Recommendation: Staff recommends Council approve Resolution No. 96-06. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Bu get _ Other 13-13-95-6000 Finance Director CITY COUNCIL ACTION ITEM Page 1 of . . . RESOLUTION NO. 96-06 BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: The mayor be, and is hereby authorized and directed to execute the ISTENCMAQ Agreement of this date with the Texas Department of Transportation dealing with construction of appurtenances to the Rufe Snow Drive/Glenview Drive Intersection as the act and deed of the City. 2. A copy of said agreement is attached hereto, marked Exhibit "A", and made a part hereof. 3. The sum of $2,000 as payment to the State of Texas to cover their administrative costs is hereby approved. The funds have already been appropriated for the City's portion of the engineering cost for this 1994 Bond Program project under account number 13-13-95-6000. PASSED AND APPROVED this 22nd day of January, 1996. APPROVED: Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY Attorney for the City . Agreement No. 5XXF6089 Tarrant County CSJ: 0902-48-280 Rufe Snow and Glenview Drive 56 % Federal 44% Local STATE OF TEXAS * COUNTY OF TRAVIS * AGREEMENT (CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM) THIS AGREEMENT, is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State" and the City of North Richland Hills, Texas, acting by and through its authorized officials hereinafter called the "City". . WIT N E SSE T B WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA") codified under Title 23 U.S.C. Section 101 et seq., establishes the National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner; and WHEREAS, Title 23 U.S.C. Section 149 establishes a congestion mitigation and air quality improvement program ("CMAQ") to contribute to the attainment of a national ambient air quality standard to be implemented by the States' Transportation Agencies; and WHEREAS, Title 23 U.S.C. Section 134 establishes that Metropolitan Planning organizations ("MPO's") and the States' Transportation Agencies to develop transportation plans and programs for urbanized areas of the State; and WHEREAS, the City is a member of the North Central Texas Council of Governments, a Metropolitan Planning Organization established under the laws of the State of Texas. WHEREAS, the State and the City desire the improvements to the intersection of Rufe . Snow Drive and Glenview Drive, as shown in the attached Exhibit "A", to be 12/14/95 Page 1 of 12 Type .. J" . . . hereinafter identified as the "Project"; and WHEREAS, Title 23 U.S.C. section 120 establishes that the Federal share of funding for CMAQ will not exceed eighty percent (80%) of the cost of the Project; and WHEREAS, the city has offered to participate in the development and construction of the Projects by providing funding, preparing the design documentation, acquiring the necessary right-of-way, accomplishing utility adjustments and other necessary items required by the State; and WHEREAS, on the _ day of 19 the City Council passed Resolution No. attached hereto and identified as Exhibit "B", authorizing the City's participation in the development of the Project; and WHEREAS, the State will secure the federal cost share, let the construction contract, pr~vide the construction inspection, provide other items as required; and WHEREAS, on the 30 day of November, 1994, the Texas Transportation commission passed Minute Order 104667, attached hereto and identified as Exhibit "C", authorizing the Project through the State Transportation Improvement Program; A G R E E MEN T 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. CONTRACT PERIOD This agreement becomes effective upon final execution by the State and shall terminate upon completion of the Project or unless terminated or modified as hereinafter provided. 2. SCOPE OF PROJECT A. The State and the City agree that the scope of the Project shall be limited to the scope authorized by the Texas Transportation commission. B. The Project will be designated a part of the State Highway System as a METROPOLITAN HIGHWAY for the limited purpose of constructing the roadways; however any existing city roads within the limits of the Project will not be designated or 12/14/95 Page 2 of 12 Type .. J" . incorporated therein prior to the state's award of the construction contract. C. The City will continue to provide maintenance for all city roads within the limits of the Project until the State's award of the construction contract. 3. ACQUISITION OF RIGHT-OF-WAY A. The City shall pay all costs and perform all necessary requirements to provide ti tIe in the name of the City to the desired right-of-way required for the construction of the Project, which title shall be acceptable to the State. The City shall provide all right-of-way free and clear of all improvements and/or encroachments. 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., incl~ding those provisions relating to incidental expenses incurred by the property owners in conveying the right-of-way to the City, and benefits applicable to the relocation of any displaced person as defined in 49 CFR, 24.2(g). . Documentation to support such compliance must be maintained and must be made available to the State and its representativ.es for review and inspection. The City shall secure and provide easements over any other land in addition to normal right- of-way as may be indicated on the approved right-of-way map. The City will be responsible for any additional right-of-way required for the completion of the Project. B. In the event the right-of-way is donated to the City after the federal authorization date for acquisition of right- of-way, the City will provide all documentation to the State regarding the value of the acquired property. The State will review the City's appraisal of the donated property to determine the fair market value. The fair market value of donated right-of-way will be credited towards the City's financial share towards the cost of the project. C. The State will not reimburse the City any funds in the event the right-of-way was pULchased before execution of this agreement or the fair market value of th~ donated property exceeds the City's financial share towards the project. . 12/14/95 Page 3 of 12 Type "J" . . . 4. RIGHT-OF-WAY DESCRIPTION The City shall prepare right-of-way maps, property descriptions and other data as needed to properly describe the right-of-way which the City is to acquire and provide for the project. The right-of-way maps and property descriptions shall be submitted to the State for approval prior to the City acquiring the necessary right- of-way. Tracings of the maps shall be retained by the City for its permanent records. 5. UTILITY ADJUSTMENTS/RELOCATIONS If the required right-of-way encroaches upon existing utilities and the proposed highway construction requires the adjustment, removal or relocation of such utility facilities, the City and its consultant will establish the necessary utility work and notify the appropriate utility company to schedule their adjustments. The City shall be responsible for all costs associated with the adjustment, removal or relocation of such utility facilities, and such adjustment, removal or relocation shall be in accordance with applicable State law, regulations, policies and procedures. In the event additional utilities are required to be adjusted, removed or relocated during the construction of the Project, the City will be responsible for all costs associated with the additional utility work. 6. DETERMINATION OF RIGHT-OF-WAY VALUES The city agrees to make a determination of property values for each right-of-way parcel by methods acceptable to the State and to submit to the State's District Office a tabulation of the values so determined, signed by the appropriate City representative. Such tabulations shall list the parcel numbers, ownership, acreage and recommended compensation. Compensation shall be shown in the component parts of land taken, itemization of improvements taken, damages (if any) and the amounts by which the total compensation will be reduced if the owner retains improvements. This tabulation shall be accompanied by an explanation to support the determined values, together with a copy of information or reports used in arriving at all determined values. Expenses incurred by the City in performing this work may be eligible for reimbursement after the City has received written authorization by the 12/14/95 Page 4 of 12 Type "J" . . . state to proceed with determination of right-of-way values. The state will review the data submitted and may base its reimbursement for parcel acquisitions on the values which are determined by this review. 7. CONDEMNATION Condemnation proceedings will be initiated at a time selected by the City and will be the City's responsibility at its own expense as hereinafter indicated. The City will concurrently file condemnation proceedings and a notice of lis pendens for each case in the name of the City, and in each case so files the judgement of the court will decree to the City title to the property condemned. 8. COURT COSTS, COSTS OF SPECIAL COMMISSIONERS' HEARINGS Court costs of Special commissioners' hearings assessed against the City in condemnation proceedings and fees incidental thereto will be paid by the City. Such costs and fees incurred after written authorization by the State to proceed with condemnation will be eligible for reimbursement at an amount not to exceed fifty six percent (56%) of the actual cost under the established reimbursement procedure provided such costs and fees are eligible for payment. 9. REIMBURSEMENT Reimbursement will be made to the City for right-of-way purchased in an amount not to exceed fifty six percent (56%) of the cost of the right-of-way purchased in accordance with the terms and provisions of this agreement. Reimbursement will be in accordance with the terms and provisions of this agreement. Reimbursement will be in the amount not to exceed fifty six percent (56%) of the State's predetermined value of each parcel, or the net cost thereof, whichever is the lesser amount. In addi tion, reimbursement will be made to the City for necessary payments to appraisers, expenses incurred in order to assure good title to property acquired and costs associated with the relocation of displaced persons and personal property as well as incidental expenses. Reimbursement shall not exceed fifty six percent (56%) of such documented costs. If c~ndemnation is necessary and title is taken as set forth herein under the section entitled "condemnation", the participation by the State shall be based on the final judgement, conditioned upon the State having been 12/14/95 Page 5 of 12 Type "J" . notified as to all action taken therein. 10. CERTIFICATION The City shall provide to the State forty-five (45) days prior to the construction contract let date, a certification that all right-of-way has been acquired, all environmental problems have been remediated, and all conflicting utilities have been adjusted to clear the proposed construction. 11. ENVIRONMENTAL MITIGATION . A. The City will be responsible for the mitigation and remediation of any environmental problems associated with the development and construction of the Project. The City shall provide to the State written certification from the appropriate regulatory agency(s) that the environmental problems have been remedied. The State will not let the construction contracts until all environmental problems have been remediated by the City. B. All costs associated with the remediation of the environmental problems shall be the responsibility of the City and/or the property owners. These costs will not be reimbursed or credited towards the City's financial share of the Project. 12. ENGINEERING SERVICES A. The City will prepare or cause to be prepared the preliminary engineering necessary for the development of plans, specifications and estimates (P.S.& E). Development of the preliminary engineering shall include environmental assessment and holding of necessary public meetings and a public hearing. B. The P.S.& E. shall be developed by the City or its consultant in accordance with the State's latest Standard Specifications For Construction Of Highways, Streets And Bridges or its currently approved revisions. C. The City shall submit the completed P.S.& E. to the State for review and approval. Should the State determine that revisions are required to the P.S.& E., the City shall make the necessary revisions. The State will not let the construction contract until the P.S.& E. have been apprcved by the State. 13. PROJECT FUNDING . A. The total costs for right-of-way and construction for the Project 12/14/95 Page 6 of 12 Type "J" . is estimated at $450,000. B. The state will be responsible to secure the federal share of the funding required for the development and construction of the Project. The city will be responsible for any non-federal participation costs associated with the Project. C. Upon execution of this agreement, the city will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount of $2,000. This amount is based on one percent (1%) of the estimated local share participation cost. The funds will be utilized by the state to review the engineering documentation and other incidental costs. D. Sixty (60) days prior to the date set for receipt of the construction bids, the State will notify the City that its financial share for the construction is required. The_City shall remit a check or warrant in the amount established by the State within thirty (30) days from receipt of the State's written notification to the address provided herein. . E. In the event the state determines that additional funding is required by the city at any time during the development of the project, the State will notify the City in writing of the additional amount. The City will make payment to the State within thirty (30) days from receipt of the State's notification. Upon completion of the Project, the State will perform an audit of the cost and any funds due the city will be promptly returned. 14. INDIRECT COST RECOVERY PLAN Chapter 2106" Texas Government Code, requires the State to recover indirect costs based on a percentage of the State's actual direct costs to complete the Project. The indirect costs will be in accordance with the State's Indirect Cost Recovery Plan and will be based on the City's funding percentage provided herein. 15. CONSTRUCTION RESPONSIBILITIES . A. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award a contract for cons~ruction of the Project in accordance with existing procedures and applicable laws. Any field changes, 12/14/95 Page 7 of 12 Type II J" . . . supplemental agreements or additional work orders which may become necessary subsequent to the award of the construction contract shall be the responsibility of the City and subject to the approval of the State. B. The State will supervise and inspect all work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the Project is accomplished in accordance with the approved P.S.& E. C. Upon completion of the Project, the State will issue to the City a "Notification of Completion", acknowledging that the Project has been completed. Upon the City's receipt of the "Notification of Completion", the roadway will be removed from the State Highway system and will revert under the jurisdiction of the City. 16. MAINTENANCE RESPONSIBILITIES Upon completion of the Project, the City will assume responsibility for maintenance of the completed facility. 17. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the City shall remain the property of the City. All documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. 18. TERMINATION A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of both parties. (2) By either party, upon the failure of the other party to fulfill the obligation as set forth herein. B. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and City under this agreement. If the potential termination of this agreement is due to the failure of the City to fulfill its contractual obligations as set forth herein, the state will notify the City that possible breach of contract has occurred. The City should make every effort to remedy the breach as outlined by the State within a period mutually agreed upon by 12/14/95 Page 8 of 12 Type YJ" . both parties. 19. REMEDIES This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 20. INDEMNIFICATION The City acknowledges that it is not an agent, servant, or employee of the state and thus, is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work defined in this agreement. 21. AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the City and the State. 22. 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 other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 23. COMPLIANCE WITH LAWS The City shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the agreement. When required, the City shall furnish the State with satisfactory proof of the compliance therewith. 24. NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid,add~essed to such party at the following respective addresses: . 12/14/95 Page 9 of 12 Type "J" . state: Texas Department of Transportation 2501 Southwest Parkway P.O. Box 6868 Ft. Worth, TX 76115-0868 City: The City of North Richland Hills, Texas P.O. Box 820609 North Richland Hills, Texas 76182 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. 25. SOLE AGREEMENT . This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. 26. INSPECTION OF BOOKS AND RECORDS The State will, for purpose of termination of the agreement prior to completion, examine the books and records of the City for the purpose of checking the amount of the work perfo~ed by the City at the time of contract termination. The City shall maintain all, books, documents, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for three (3) years from the date of completion of work defined under this contract or until impending litigation is resolved. Additionally, the State, FHWA ar,d their duly authorized representatives shall have access to all records of the City which are directly applicable to this agreement for the purpose . of making audits, examinations, excerpts and transcriptions. 12/14/95 Page 10 of 12 Type "J" . . . 27. OMB AUDIT REQUIREMENTS The City shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in paragraphs 6, 8 and 9 of OMB Circular No. A-l28. 28. PROCUREMENT AND PROPERTY MANAGEMENT STANDARDS The City shall adhere to the procurement standards established in Title 49 CFR Part 18.32 and the property management standards established in Title 49 CFR Part 18.36. 29. CIVIL RIGHTS COMPLIANCE The City shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR 21 and 23 CFR 710.405 (B)); also Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented in the Department of Labor regulations (41 CFR 60). 30. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS The City shall comply with the "Disadvantaged Business Enterprise Program Requirements" established in 49 CFR Part 23, Subpart D. 31. DEBARMENT CERTIFICATIONS The City is prohibited from making any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. The City shall require any party to a subcontract or purchase order awarded under this contract as specified in Title 49 of the Code of Federal Regulation, Part 29 (Debarment and suspension) to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 12/14/95 Type "J" Page 11 of 12 . . . IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF NORTH RICHLAND HILLS, TEXAS By: Typed Name Title Date ATTEST: City Secretary -THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation Commission under the authority of Stand Alone Manual Notice 95-4 for the purpose and effect of activating and carrying out the orders, established policies or work programs heretofore approved by the Texas Transportation Commission. By: Charles W. Heald, P.E. Typed Name District Engineer Title Date 12/14/95 Page 12 of 12 Type "J" ~ , " } '<.-:' ,'r:":" -:I:~ . .,'., -'."..c,:>F~'~';"1;";'."."·,, . /)iiI.. iJt."!',~:,.~1:;~á~. :f_11.:~~, t:. ~"rt§ '/SJlf{},'fj}!J!lJ/:.\ . ~~..'.~~~...2~:~,~\,,· ;);>:¡"',',íG.::':;6wI~); ',>;,;" I· ~!4i,8ETTY' .,-, '. ,--' .:'~, ....~~.. :'~. -- <., . :~"<. ,', :;.~1~7~ ~,- .. '''~0ßjt:~''i''i'''''~' _ '~.:'~ . S;";"f 'È"IJ ~ :¡;t..;'š£ër·ì·· ~ ~ ~ I KITTY ~ -: '. ':";"'!:'" ~" : J: ~ ffi H~~~ ';:' "",,,,, - .. 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SE~T BY: TXDOT ;12-12-94: 7:51 TXDOT- 817 370 6759:# 2 .. = TEXAS TRANSPORT A TION COMMISSION VARIOUS County MINUTE ORDER Page -L of -L- Pages District V ARlOU~ WHEREAS, Title 23, United Stales Code, Sections 134 and 135, as amended by the Intermodal Surface TraDsportation Efficiency Act (ISTEA) of 1991, requires each designated Ntetropolitan Planning Organization (MPO) and the State, respectively, to develop a Transportation ImprovefI1en! Program (TIP) as a condition to securing federal funds for ttansportation projects únder either Title 23 or 49 of United States Code; and; WHEREAS, Se¢on 134(h) requires an MPO to develop its TIP in cooperation with the state and affected transi~ operators; to provide citizens, affected public agencies, representatives of transportation agency employees, other affected employee representatives, private providers of transportation and other interested parties with a reasonable opportunity to comment on the proposed TIP; and further requires the TIP to be updated at least once every two years and to be approved by the MPO and the Governor; and WHEREAS, S~on 135(f) requires the State to develop a Statewide Transportation lµ1provement Program (STIP) for all areas of the state in cooperation with those designated ¥POs; and further req~ires the cJovernor to provide citizens, affected public agencies, rþpresentatives of transportation agency employees, other affected employee representatives, private providers of tr~portation and other interested parties with a reasonable opportunity to Comment on the proposed STIP; and WHEREAS, Sections 134{h) and 135(t) specify the respective requirements and eligibility c.riteria for projects to be included in the respective TIPs; and WHEREAS, by letter dated September 9, 1992, addressed to federal transportation officials, the Honorabl~ Ann W. Richards, Governor of Texas, has delegated to the Texas Transportation Commi~sion (the commission) those powers and responsibilities granted to her by ISTEA, save and exce~t the Recreational Trails programs; and WHEREAS, th¢ FY 1995-1997 STIP, which was approved by commission Minute Order 104371, on September 29, 1994, included the FY 1994-1996 TIPs for the Dallas-Fort Worth) and Houston MPOs; and WHEREAS, the MPOs in the non-attainment areas of Dallas-Fort Worth and Houston desire to replace their FY 1994-1996 TIPs in the FY 1995-199.7 STlP with new FY 1995-1997 TIPs as shown in Extúbit "A"; and ' WHEREAS, the MPOs have presented these new TIPs for public comments; and WHEREAS, the final rule on transportation conformity requires the TIP in a non- ~ttainment area to show a reduction in the Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOx); and WHEREAS, the Houston TIP met the air quality transportation conformity requirements as promulgated by the federal final rule on transportation conformity; and EX:¡":¡IB IT ... C·· . . . .... ..' VARIOUS TEXAS TRANSPORTATION COMMISSION County MINUfE ORDER Page --1- of ..l Pages District VARIOUS WHEREAS, the Dallas-Fort Worth conformity analysis met the VOC test and not the NOx test; and WHEREAS, the Dallas-Fort Worth MPO has adopted its FY 1995-1997 TIP subject to receiving a NOx waiver from the federal Environmental Protection Agency ~PA); and WHEREAS, the commission. at its meeting on October 27, 1994, reviewed the drafts of the TIPs for the non-attainmenr areas of Dallas-Fort Worth and Houston and by commission Minute Order 104500 directed the executive director to conduct or have conducted a public hearing on these TIPs and to report public comments together with the department's recommendations or responses for final action by the commission at the earliest date consistent with applicable policies and procedures; and WHEREAS, widespread notice was made available for review and comment at each of the department's twenty-five (25) district offices, and at the department's headquarters in Austin, to provide input from citizens, affected public agencies, representatives of transportation agencies employees, other affected employee representatives, private providers of transportation and other interested parties in accordance with Sections 134 and 135 of the United States Code; and WHEREAS, a public hearing on these TIPs was held at the department's offices at 200 East Riverside Drive in Austin, Texas, on November 18, 1994; and WHEREAS; oral and written comments received due to this hearing process were analyzed and the department's responses and recommendations were submitted to the commission for consideration as reflected in Exhibit UB"; and WHEREAS, the commission finds that the requisites of Section 134 have been satisfied as they pertain to the MPOs' TIPs subject to receiving a NOx waiver from the EPA in the Dallas-Fort Worth area; NOW, THEREFORE, PURSUANT TO THE AUTHORITY DELEGATED TO THIS COMMISSION BY THE GOVERNOR OF TEXAS, IT IS ORDERED THAT the Houston FY 1995-1997 TIP is hereby approved; and IT IS FURTHER ORDERE'Q that the Dallas-Fort Worth FY 1995-1997 TIP is approved subject to receiving an EP A NOx waiver; and EX::E-J:IBIT ··C" . . . " Sf:~T BY: TXOOT '- ~ VARIOUS ; 12-12-94 ,7: 52 TXOOT- 817 370 6759;# 3 TEXAS TRANSPORT A TION COMMISSION District VARIOUS COUDty MINUfE ORDER Page ---1- of ---1- Pages IT IS FURTHER ORDERED that the FY 1995-1997 STIP is hereby amended by taking appropriate actions on projects as shown in Exhibit" A." Dir r, ranspúrtation P nning and Programming Division ~~ Deputy Executive Director for Transportation Planning and Development :104b6:~ Minute Number Date Passed HOV 30 ~4 . EXI-IIBIT ··C" , PAGE NO. 2 TRANSPORTATION IMPROVEMENT PROGRAM FORT UORfH DALLAS-FORT UORTH MPO . FY 1997 --------------------------------------------------------------------------------------------------------------------------- COMENTS DISTRICT COUNTY N~E OR DESIGNATION LOCATION (FROM) LOCATION (TO) DESCRIPTION OF UORK PROJ, ID F, CLASS LANES LENGTH u~ ;Jó¿'< c . FED PROG FEDERAL ST. CAT. STATE PHASE LOCAL PlPC TOTAL FORT WORTH CS TARRANT REGIONAL CORRIDOR MANAGEMENT SYSTEM COG II lo339 7 o -----------+------------------------------------------------------------+-----------+--------+-----------+---------------- -----------+------------------------------------------------------------+-----------+--------+-----------+---------------- FORT ~RTH FI'I3029 COG II 1648 STP-MM S1,126,4OO 11/96 TARRANT THOUSAND OAK DR lo I.C 281,600 SH 26 IN HURST ON PRECINCT LINE RD 5 C,E 352,000 3125-01-010 UIDEN FROM 5 TO 7 LANES 0.900 1106 S1,76O,000 ---.------------------------------------------------------------+-----------+--------+-----------+---------------- CSJ 9902-48-930 INCIDEHT DETECTION-RESPONSE PROGRAM 0.001 FORT WORTH I'IH TARRANT ON DEBBIE LANE FROM BUSINESS US 287-P US 287 IN I'IANSFIELD 8352-02-001 RECONSTRUCT EXISTING ruo LANES TO A DIVIDED FOUR LANE nDOT I. 2 1.100 STP-MM loC T 1106 STP-UI'! 1.0 C,E,R 1106 SL.OO,OOO 01/97 100,000 o S5oo,000 S1,161.,02811/95 291 ,007 l.61,000 S1,916,035 - l ----------------------------------------------------+-----------+--------+-----------+---------------- FORT \/ORTH FI'I 2280 JOHNSON US 67 FI'I 917 IN SECTIONS 21.65-01-009 WIDEN EXISTING TWO LANES TO INCLUDE PAVED SHOULDERS nDOT 5 2 lo,852 STP-R I.F C,E 1106 S2,128,080 11/95 532,020 o S2,66O,100 -----------+-----------------------------------------------------------+-----------+--------+-----------+---------------- E FORT \/ORTH FM 1187 TARRANT AT I'IKT RR EAST OF CROULEY nDOT 3 o 1330-01-029 RAILROAD GRADE SEPARATION & APPROACHES 0.001 I -----------------------------------------------------+-----------+--------+-----------+---------------- FORT WORTH BS 111.L TARRANT SH 111. TO SH 26 IN GRAPEVINE COG 11 lo161. 3 lo . 1.900 - . ----------------------------------------------------+-----------+--------+-----------+---------------- r- 0353-07-903 CORRIDOR IMPROVEMENTS FORT WORTH CS TARRANT fORT WORTH TRANSIT AUTHORITY COG 112671.A I. o 0902-1.8-982 REPLACE 79 BUSES 0.001 ___________________________________________________+___________+________+__________ I ------ STP-RX I.G C,E,R 1106 CMAC 5 C,E,R 1106 CI'!AC 5 T 1106 S2,317,1.4O 08/97 579,360 o S2,896,8OO S2,849,353 11/96 736,902 1,326,1.23 SI.,912,677 S6,56O,000 01/97 o 1,61.0,000 S8 ,ZOO, 000 FORT \/ORTH CS COG II 1.311. CMAC S129,6OO 11/96 TARRANT PIPELINE RD / MELBOURNE RD IN HURST I. 5 0 I. C,E,R 110,400 9902-1.8-91.4 INTERSECTION IMPROVEPlENTS 0.001 1106 S21.O,000 I --- ---------------------+-----+----+---+------- FORT ~RTH CS COG II 1.172 CMAC S250,000 11/96 TARRANT RUFE SHOll iiJ GLENVIEW DR IN NORTH I. 5 0 ..... RICHLAHD HILLS I. C, E, R 250,000 " 9902-46-91.6 INTERSECTION II'!PROVEI'IENTS 0.001 1106 S500,000 I _______________________________+___________+----___-+_____ I --+- FORT WORTH CS TARRANT FIELDER RD/NORWOOD LH IN ARLINGTON 9902-1.8-950 INTERSECTION IMPROVEI'IENTS COG II 1.013 I. I. ~MAC S120, 75g10/97 C, E, R 51.,250 0.001 1106 S175,000 ______+-___-+--___--+__ I COG II 1.173 CrlAQ $268,500 11/96 I. 5 0 I. C,E,R 268,500 0.001 1106 S537, 000 __-+------1 I COG II 1,015 CrlAC S12O,750 10/97 I. 5 0 I, C,E,R 51,,250 0.001 1106 $175,000 COG II 1,012 CI'IAQ S355,500 07/97 I. 5 0 I. C,E,R 91,,500 0.001 1106 S1.50,000 ------ FORT WORTH CS TARRANT RUFE SHOll FROII KAREN OR TO IH 820 IN NORTH RICHlAND HILLS 9902-48-951 INTERSECTION II'IPROVEI'IENTS I ---- FORT ~RTH CS TARRANT PARK ROW DR êiI NORIIOOD LH IN ARLINGTON 9902-4ð-9SI, INTERSECTION II'!PROVEI'IENTS FORT ~RTH CS TARRANT OAK\IOOD LH TO RANDOL I'I!LL PARK ON RANDOL "ILL RD IN ARLINGTON 9902-1.8-955 CORRIDOR IrlPROVEI'IEHTS ------------------------------------------------------------------------------------------------------------------------ . PHASE: E=ENGINEERING, C=CONSTRUCTION, R=ROU, T=TRANSFER EXHIBIT "C" CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Approve Change Order NO.1 for I.H. 820 Interchange Subject: Water and Sanitary Sewer Adjustments, Phase? Agenda Number: 1/22/96 PW 96-07 This change order was requested by the Texas Department of Transportation (TxDOT) to expedite the utility adjustments in the Airport Freeway/Bedford-Euless Road intersection. The utility adjustments were holding up the highway contractor on the Interchange Project and TxDOT was concerned about possible litigation. The $37,262,50 is compensation to the contractor for authorized overtime labor costs to expeditiously complete the tunneling for installation of a 30 inch sewer pipe in a 42 inch steel casing. TxDOT will reimburse the City for the $37,262.50 change order in accordance with our Utility Agreement for this project. Funding Source: Sufficient funds are available in the Unspecified Utility Fund Balance to pay for Change Order NO.1. From: Unspecified Utility Fund Balance 02-00-00-0127 To: I.H. 820 Interchange Utility Adjustments, Phase 2 02-93-18-6000 $37,300 $37,300 Recommendation: Staff recommends Council approve Change Order NO.1 and the appropriation of funds as detailed above. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Ot er Finance Director CITY COUNCIL ACTION ITEM Page 1 of . . . . CONSULTING ENGINEERS / Fort Worth·Dallas January 15, 1996 Mr. Gregory W. Dickens, P.E, Public Works Director City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-433B, CITY OF NORTH RICHLAND HILLS, I.H. 820 UTILITY ADJUSTMENTS, PHASE 2, CHANGE ORDER NO.1 F or your review and appropriate action, we enclose the referenced document. After the change order is properly executed, please return the original to this office. We will distribute photocopies to the Contractor, his Surety and your office. As noted in the document, the expenditure for overtime payment was authorized by the TxDOT District 2 ROW Utility office. Please call if you have any questions in this matter. ¡J~ Donald H. Canton, P .E. DC/colnrh Enclosure 1901 CENTRAL DR., SUITE 550. BEDFORD, TEXAS 76021.817/283-6211. METRO 817/267-3367. FAX 817/354-4389 K-E-F NO. 3-433B . CHANGE ORDER NO.1 TO THE AGREEMENT WHICH WAS DATED OCTOBER 5,1995 Between CITY OF NORTH RlCHLAND HILLS And CIRCLE "c" CONSTRUCTION CO. For WATER & SANITARY SEWER SYSTEM ADJUSTMENTS, PHASE 2, FOR I.H. 820 INTERCHANGE OF S.H. 121, S.H. 26 AND F.M. 1938 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Pursuant to the provisions of Item 6.01 of the General Conditions of Agreement, as modified by Section 3.1.06 of the Contract Documents, this Change Order, when fully executed, shall constitute the authority to change the work of the project as follows: Revise the Contract by adding Bid Item No. 39S, Overtime Pay for Expeditious Completion of Tunnel for Sewer Line tt A", at a lump sum cost of $37,262.50. The overtime effort was directed by TxDOT's Right-of-Way Utility staff to complete the tunneling effort under S.H. 121 as . expeditiously as possible.' No additional Contract time shall be added under this change order. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CONTRACTOR'S OFFER OF PROPOSED CHANGE: By: ~ ~j Date: /-/~. 90 ENGINEER'S RECOMMENDATION OF ACCEPTANCE: ~ /J Lh- Date: !-/5"-'lP By: OWNER'S ACÇEPTANCE OF,Ç~N~E, . By: Date: CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 1/22/96 Approve Final Pay Estimate NO.4 in the Amount of Subject: $23,121 90 to Pate Brothers Construction, Inc for Agenda Number: PAY 96-03 Holiday Lane, Section B - Utility and Drainage Improvements This project was awarded by Council on March 9, 1995 (pW 95-13) for $229,309.97 to Pate Brothers Construction, Inc. Final payment brings the total to $221,483.63, which is $7,826.34 under the revised contract amount. The savings is mainly from miscellaneous drainage allowance monies not used. The project was substantially completed within the contract completion time. All final adjustments have now been made. Funding Source: Sufficient funds are available in the Holiday Lane, Section B (Bogart Drive to Mid-Cities Boulevard) project. Recommendation: Staff recommends Council approve final payment to Pate Brothers Construction, Inc. in the amount of $23,121.90. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budg Ot Acct. Number _20-01-01-6000 Sufficient Fund Ie --~ Fln8llC8 Director ature CITY COUNCIL ACTION ITEM Page 1 of . . . . KNOWL TON-E NGLlSH-FLOWERS, INC. CONSUL TING ENGINEERS I Fort Worth- Dallas January 16, 1996 Mr. Gregory W. Dickens, P.E., Director of Public Works City of North Richland Hills 7301 N .E. Loop 820 North Richland Hills, Texas 76180 Re: 3-371, CITY OF NORTH RICHlAND HillS, HOLIDAY lANE, SECTION B, UTILITY AND DRAINAGE IMPROVEMENTS, CONTRACTOR'S PARTIAL PAY ESTIMATE NO.4 & FINAL Enclosed is one copy of REVISED Contractor's Partial Pay Estimate No.4 and Final, dated January 16, 1996, made payable to Pate Brothers Construction Co., Inc., in the amount of $23,121.90, for materials furnished and work performed on the referenced project as of October 3, 1995. The quantities and conditions of the project have been verified on-site by your representative, Mr. Ken Matheson, as indicated by his signature on the estimate dated December 22, 1995, and we have checked the item extensions and additions. The following is a summary to the project status to date: TOTAL CONTRACT PERCENT BREAKDOWN THIS MONTH EARNINGS AMOUNT COMPLETE (Incl. Retainage) Drainage $31,446.02 $203,588.97 $206,445.37 98.62 Water 59.44 9,624.22 1 1,124.22 86.52 Sewer -8,383.56 8,270.44 11,740.38 70.44 TOTALS $23,121.90 $221,483.63 $229,309.97 96.59 TIME (Calendar Days) 190 120 158.33 This project includes the drainage and utility work associated with the section of Holiday Lane from Bogart Drive to Mid-Cities Blvd. (Watauga Road). Contractor earnings total $221,483.63, which is $7,826.34 under the Contract amount of $229,309.97. The savings are primarily from unused contingency allowance funds. The contractor was substantially complete with his portion of the Holiday Lane project as 1901 CENTRAL DR., SUITE 550. BEDFORD, TEXAS 76021 .817/283-6211 . METRO 817/267-3367. FAX 817/354-4389 . Page 2, January 16, 1996 Holiday Lane, Section B, REVISED Contractor's Final Estimate No.4 required prior to paving work by the County. The contractor completed all of his work except for the inlet tops, as directed, which he later finished after the curb and gutter was constructed by another contractor. The two (2) year period of maintenance will begin on this date, and therefore, will terminate on January 16, 1998. The maintenance obligation includes repair of all water line breaks or leaks and stoppage of sanitary and storm drain lines, unless caused by circumstances beyond the contractor's control. After the Contractor has submitted an "Affidavit of Final Payment" to the Public Works Department, and in the absence of any negative comments concerning this project, we recommend that this final payment, in the amount of $23,121.90, be made to Pate Brothers Construction, Inc., 780 W. Mansfield Hwy, Kennedale, Texas 76060. We will be present at the January 22, 1996, Council meeting to assist you with answers to any questions which the Council may have concerning this project. . ~'(&'. RICHARD W. ALBIN, P.E. RW A/lld/Finalb.3711 Enclosures xc: Mr. C.A. Sanford, City Manager Mr. Randy Shiflet, Assistant City Manager Mr. Larry Cunningham, Assistant City Manager Mr. Charles Harris, Director of Finance Mr. Mike Curtis, P.E., Capital Projects Coordinator Mr. Ken Matheson, City Inspector Mr. Douglas Bisballe, Pate Brothers Construction, Inc. .