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Home My WebLink AboutCC 1997-05-12 Agendas " CITY 'OF NORTH RICH LAND HII;t.S PRE-COUNCIL AGENDA MAY 12, 1997 - 5:45 P.M. For the Meeting conducted at the North Richland Hills City Hall Pte-Couru::îf CI1~Qi:~~s 730t Northeast löØp 820. ':.1t,,'(', ·~.L:, NUMBER '" ."", ITEM ACTIQ,N i'Äg~; 'r:.;·. . ' '. . " ......:;.-, 1. Police Department Quarterly Report - Chief McGlasson (20 Minutes) .~:~_:.> ',.;,':;. . , 2. Presentation by Women's Shelter (5 Minutes) "., ; '¥,"'. 3: IR 97-47 Hightower Drive, Section "0" (5 Minutes) '. , " Consider Moratorium on Issuance of Building 4. IR 97-48 Permits for Multi-family Dwellings (10 Minutes) -, ,;.~ "'.J" . ,.,....;.,.'f:: ".. 5:: IR 9.7-50 Appointment of Representative to NCTCOG (5 Minutes) 6.:. ON 97-42 Transitional Housing for the Indigent - Ordinance No. 2201 (Agenda Item No. 16) GN 97-43 Transitional Housing for the Indigent - Ordinance No. 2202 (Agenda Item No.17) (5 Minutes) ',' : ,-' .' . ; 7.' GN97 -49'·:':'~ ';'". Retiring Council (Agenda Item No. 18) (5 Mintues) " . .. S'. GN 97-51 Green Valley Community Park and Soccer Complex Turf Improvement Program (Agenda Item No. 20) (5 Minutes) ""'" . -- .. Page 2 NUMBER ITEM ACTION TAKEN 9. PU 97-43 Award Proposal for Municipal and Inmate Pay Phone Service (Agenda Item No. 23) (5 Minutes) 10. PU 97-44 Consider Approval of Solid Waste Franchise and Agreement with Laidlaw Waste Systems - Ordinance No. 2203 (Agenda Item No. 24) (10 Minutes) 11. PU 97-45 Professional Services Contract - North Hills Mall Multi-Use Trail (Agenda Item No. 25) (5 Minutes) 12. Other Items Reminder: Cancellation of May 26, 1997 City Council Meeting 13. *Executive Session (5 Minutes) - The Council may enter into closed executive session to discuss the following: A. Pending Litigation under Gov. Code §551.071 Bean et al vs. NRH Cause No. 348-162087 114. I Adjournment - 7:20 p.m. I I *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 MAY 12, 1997 For the Regular Meeting conducted at the North Richland Hills City Council Chambers, 7301 Northeast Loop 820, at 7:30 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1. Items marked with an * are on the consent agenda and will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 581-5502 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Minutes of the Pre-Council Meeting April 28, 1997 5. Minutes of the Regular Meeting April 28, 1997 6. Minutes of the Special Meeting May 5, 1997 Page 2 NUMBER ITEM ACTION TAKEN 7. Presentations by Boards & Commissions A. Investment Committee Minutes 8. Presentation of Proclamation by Mayor Brown 1. Heritage Day 2. National Public Works Week 9. Presentation to Council by Elna Vanderberg, Executive Director, Open Arms Home 10. Removal of Item(s) from the Consent Agenda 11. Consent Agenda Item(s) indicated by Asterisk (15,16,17,18,19,20,21, 22, 23, 25 & 26) 12. PZ 97-11 Public Hearing for Reconsideration of Special Use Permit Number 22, Issued to "OK Sod" for a Temporary Office Trailer on Lot 18C, Block 18, Clearview Addition. (Located at 5102 Davis Boulevard). Ordinance No. 2206 Page 3 NUMBER ITEM ACTION TAKEN 13. PZ 97-16 Public Hearing to Consider the Request of John Barfield for Rezoning from AG Agricultural & 0-1 Office to R-2 Single Family Residential, on all of Tracts 8B, 8B1A & Parts of 8C& 8C3, S. Richardson Survey, A-1266 & all of Tracts 5E1A & 5E W.L. Newton Survey, a-1182. (Located West of Precinct Line Road & East of Thornbridge Dr.) Ordinance No. 2199 14. PZ 97-17 Public Hearing to Consider the Request of John Barfield for Rezoning from 0-1 Office & R-3 Single Family Residential to R-2 Single Family Residential on parts of Tracts 9 & 9A, S. Richardson Survey, A-1266. (Located South of Thornberry Dr. & Having Thornhill Dr. Enter its Northwest Side) Ordinance No. 2200 *15. GN 97-39 Consider Amending the City's Electrical Code to Adopt the 1996 Edition of the National Electric Code - Ordinance No. 2198 *16. GN 97-42 Transitional Housing for the Indigent - Ordinance No. 2201 *17. GN 97-43 Transitional Housing for the Indigent - Ordinance No. 2202 Page 4 NUMBER ITEM ACTION TAKEN *18. GN 97-49 Retiring Council *19. GN 97-50 Repeal Ordinance No. 1680 and Rename Lewis Drive to Dick Lewis Drive - Ordinance No. 2204 *20. GN 97-51 Green Valley Community Park and Soccer Complex Turf Improvement Program *21. PU 97-41 Renewal of NRH20 Liability Insurance Contract *22. PU 97-42 Award Bid for 1997 Street Wedge Mill Project *23. PU 97-43 Award Proposal for Municipal and Inmate Pay Phone Service 24. PU 97-44 Consider Approval of Solid Waste Franchise and Agreement with Laidlaw Waste Systems - Ordinance No. 2203 *25. PU 97-45 Professional Services Contract - North Hills Mall Multi-Use Trail Page 5 NUMBER ITEM ACTION TAKEN *26. PU 97-46 Authorize Purchase of a Hazardous Household Waste Collection Trailer Through City of Arlington Bid 27. Citizens Presentation a. IR 97-51 - Request to Close One Entrance to Galway Lane 28. Adjournment ,. , INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 97 -46 ',-- \ 1r Date: May 12,1997 Subject: Walker Branch Channel Improvements, Phase II; Main Street Closure Construction for Walker Branch Channel Improvements, Phase II started a few months ago. It was the intent of the City and Contractor to keep Main Street open to through traffic during the construction of the box culverts. The Contractor informed staff that by constructing the box culverts one-half at a time (keeping Main Street open to through traffic) there would be a 10' drop-off next to the traffic. In addition, the roadway width across the bridge would be extremely narrow. These conditions will require the motorist to be extra cautious. The Contractor has requested that he be allowed to close Main Street to through traffic during the construction of the box culverts. The Contractor said it will take approximately 60 calendar days to complete the box culverts instead of the 120 calendar days required if Main Street remained open. The Contractor has agreed that Main Street cannot be closed before June 1. 1997 and will be open before school begins in the fall. The west bound traffic on Main Street will be detoured south on Simmons Road to Martin Drive and then to Cardinal Lane. The east bound traffic will be detoured south on Amundson Road to Cardinal Lane. The attached map indicates both detour routes. Signs will posted to clearly indicate closing times and dates. Respectfully submitted, JJ1j~ CJ.;. Mike Cutis, P.E. CIP Coordinator ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS MI.,'" STftL5.T , / ¡i \~ ~ ~'I' ~i ;;::'Ld :1 I II I' ~ i.J ---1/ --.JL r -----! ~\ I -------" ¡ " ---; , ~ :, '{ -----.J .p /1 r:=d. , Ir "-J:1 ~ -----, 1 :J \nl I ¡¡ /', I~ f ?::::J il' 11 f !b ¡ ----.Jj d¡ r ¡I J il! 11 I 9-{J' ] '~ ìjll!~ ; I ~ I I ' : I L¡ . C=" In.. ~ I ¡ ! : I J- ~UJ ì = D£TouR r ~ ~C ªE IJ \ ~[ J - Uciin Dr ô:/ .. Mid- Cit;e.~ BI"d. ) INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 97-49 * Date: May 12, 1997' Subject: Adopt-a-Thon The Animal Services Division is pleased to announce that the second annual Adopt-a-Thon and "Pavvs for the Cause" Walk-a-Thon was a great success. During the 36 hours that the Center was open during the past weekend, they were able to adopt 60 dogs and cats! This figure is phenomenal when you realize that on average the Center ådopts 4 to 8 pets on the weekend. To assist the staff, a total of 48 volunteers donated 144.35 hours of their time to work at the Center and help with the WaJk-a-Thon and the Adopt-a-Thon. In addition we had 3 teen court volunteers on Saturday. The Walk-a- Thon raised a total of $1,103.00 for the Spay/Neuter and Injured Animal Assistance Fund. The staff of the Animal Services Center all 'NOrked hard on this event which was part of a national effort that resulted in the adoption, nation-wide, of over 12,000 animals with Texas taking the lead with over 1,500 pets adopted for the three day event. Public Awareness Officer Wade Smith should be recognized and commended for his efforts as coordinator for the event. Officer Smith, along with all of the full and part time staff and volunteers have really allowed the City of North Richland Hills to shine in their efforts to "give an animal a second chance" which was the theme of the event this year. .' Respectfully Submitted: ~vJ:/ Pam Burney, R.S. Environmental Services Director 'I CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 97-47 '- ~,C.'..'i --prrr '¡i i Date: May 12, 1997 Subject: HIGHTOWER DRIVE, SECTION liD" Attached is a letter from a woman who recently bought Tract 4B, J.B. Edens Survey, A-499 (7201 Eden Road). She wanted to plat the 4.0 acre tract into two lots and build two houses. We explained the requirements for dedication of Hightower Drive right-of-way on the plat and for them to construct one-half of the street or escrow funds at the rate of $148.79 per front foot. The property would have approximately 870 feet of frontage and this would call for them to escrow $129,447.30. This and the requirement for an 8-inch water main extension along this same 870 feet of frontage were very alarming to her. After we discussed these issues and explained to her we have told everyone we have talked to about this site the same thing, she requested staff ask Council if they wish to consider removing Hightower Drive, Section liD" from the Master Thoroughfare Plan and allow the existing street to dead end at the west end of her property. This request is forwarded for your consideration since Rumfield Drive to Precinct Line Road has been added to the Thoroughfare Plan. Funding for Hightower liD" has also been delayed. .'---. Respectfully submitted, GWD/smm/attachment ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS -"---~- ./ ~C' , ~~ :-:;, .I.': I ,.":"'1 "'": r ," < r ,," I. I' I I~~~ssl" 1~ I; '.,~ y , .'("' I .nD· ii ¡I, ' "i I~)I 10? ::;u·f~~~·:¡ :~-¡1r5::\/( 1.00 ~ " -;- TQ \:'Z:' .- ~ lð : ~~ ....:= T='1~ :2';G ...: ~ ¡;¡ '!:.. :: ~'7 At: .1 "'" 1.00 ...:; 1R ,~ 1.00 ~ ,; , . \ I , ,I b -- G I \ . ~)' ~ '": ': I ., ~ I " . " "0'.''1' for !:"\. ~;:;)~~.S¡t.;¡:~ o wcs C::Cr-C'I·~..O- .S!';';~,_...cSn ~~. !.:se ;~~e~'IC:.d rhis t~1 t..~,.Cr:':SCI C!$·-C:::_~'f o,~... ~ ~~;:'~;~ c::~;.rl or cc:::u,.. N 10:\ ~ '~J:. ¡¡\~ S -~""( ~~ .~ ~ --:-co: " "" "" "" UCT I \ '~400 , ._~.__._-,,,,~~~._-- Mr. C.A. Sanford, City Manager City of North Richland Hills North Richland Hills, Texas By Hand 1 May 97 Dear Sir: As a concerned and affected property owner, I request that the City consider the abandonment of the "Hightower Road extension, phase IV" as part of a thoroughfare project. Your time and attention is greatly appreciated. Lisa M. McManus 7501 Red Oak Street (affected property address: 7201 Eden Road) North Richland Hills, TX 76180 " '< \ "\ "',., \, \ ''-.:.../... \" \ ~'J'..J ,,)-~ ,...)J .~ '..-J ___~ INFORMAL R.EPORT TO MAYOR AND CITY COUNCIL 1FJJ6~ -48 ~ Date: T Subject: May 12,1997 \ '- Consider Moratorium on Issuance of Building Permits for Multi-family Dwellings. At the April 28, 1997 meeting,·the City Council approved a 252 unit Multi-family Planned Development on Grapevine Highway just northeast of Emerald Hills Way. The developer proposed a project with· a density of 11.27 units per acre and an enclosed garage for each apartment. These elements are significantly higher quality than the requirements contained in the NRH zoning regulations for multi-family developments. The maximum density currently allowed is 16 units per acre. The current regulations do not require enclosed garages, but do require one covered parking space for each unit. At the request of Mayor Pro- Tem Sibbett, this discussion item is presented for consideration of new minimum standards for apartments. The City Council may want to impose a 120 day moratorium on the issuance of building permits for Multi-family developments until. the minimum requirements can be evaluated by the Planning and Zoning Commission and a recommendation forwarded to the City Council. ~afu'~¡L Ba~n. AICP Director of Planning and Inspections ..~ -~ ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. \- ~ Date: T Subject: May 12,1997 Appointment of Representative to NCTCOG The North Central Texas Council of Governments has requested that the City Council designate an elected official to serve as the City's voting representative. Councilwoman Johnson has served in this capacity during the past year. It is requested that the City Council appoint a representative to serve for the upcoming year. Respectfully submitted, &at;u~~ Patricia Hutson City Secretary "--. '.' "-- ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS Present: Absent: MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820- APRIL 28,1997 - 6:15 P.M. Tommy Brown Mack Garvin Lyle E. Welch Mark Wood Jo Ann Johnson Don Phifer Byron Sibbet C.A. Sanford Randy Shiflet Larry Cunningham Patricia Hutson Rex McEntire Greg Dickens Larry Koonce Pam Burney Richard Albin Linda Sansoucie Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilman City Manager Assistant City Manager Assistant City Manager City Secretary Attorney Public Works Director Finance Director Environmental Services Director City Engineer Councilwoman ITEM DISCUSSION ASSIGNMENT Mayor Brown called the Pre-Council Meeting to order at 6:15 p.m. CONSIDERATION David Medanich, First Southwest, advised of Larry K. OF ACTION ON the City's upgrade in bond ratings. Moody's ALL MATTERS upgraded the rating from A to A 1 and Standard PERTAINING TO and Poor's upgraded the rating from A+ to AA-. THE AWARD AND Mr. Medanich presented the bid tabulation SALE OF from the sale of the General Obligation Bonds $4,100,000 IN and the Certificates of Obligation. The best bid GENERAL received for the $4,100,000 General Obligation OBLlGA TION Bonds was from First Southwest Company at BONDS AND an interest rate of 5.651535%. The best bid CONSIDERA TION received for the $2,755,000 Certificate of OF ACTION ON Obligation was from Paine Webber, Inc, at an ALL MATTERS interest rate of 5.591979%. There were no PERTAINING TO questions from the Council. THE AWARD AND SALE OF $2,755,000 IN CERTIFICA TES OF OBLIGATION ~ ,_..~_..,--~-,~,._".~-,~-_._-_._._._-_.~._-"-_.,- Pre-Council Minutes April 28, 1997 Page 2 ITEM DISCUSSION ASSIGNMENT IRON HORSE Mr. Sanford explained the agreement would NAN GOLF COURSE waive the clause in the original contract that MANAGEMENT gave the City the option to terminate the CONTRACT agreement if the Peterson family lost control of EAGL. Mr. Sanford advised investors wanted to purchase the Peterson's interest and were concerned about the clause. He advised that Mike Lohner would continue as President and Chief Executive Officer. There were no questions from the Council. REVISE DATE Attorney McEntire advised that the public Greg D. FOR PUBLIC hearing date needed to be revised because of Proceed with HEARING ON a publishing error in the newspaper. There corrected ads and STREET AND were no questions from the Council. notification. DRAINAGE IMPROVEMENTS FOR HIGHTOWER DRIVE (SECTION A2 & B) OTHER ITEMS Mr. Sanford advised that complaints had been Barry L. received from Diamond Loch West concerning Follow up with two swimming pools that were not fenced. He notifications. advised staff would be enforcing the ordinance dealing with enclosures around swimming pools. NAN Mr. Sanford advised the Council of a major theft of city property over the weekend. He stated that two trailers had been stolen from the property at Davis Boulevard. NAN Mr. Sanford advised the Council they might receive calls from the citizens on Crane Road. Mr. Sanford explained Crane Road was part of the 1994 Bond issue. He advised that the Crane Road project had been delayed at his recommendation. By delaying the project the City could save over $200,000 by requiring at platting time dedication of right-of-way and imnroVf~ment of h;::¡lf the street. Pre-Council Minutes April 28, 1997 Page 3 ITEM DISCUSSION ASSIGNMENT SOLID WASTE Mr. Cunningham presented an overview of the C.A.lLarry AND RECYCLING solid waste and recycling proposals. He Negotiate with PROPOSAL explained the evaluation and rate analysis of Laidlaw. REVIEW the proposals. He stated the committee recommended the acceptance of Laidlaw's Option 1 and Option 2 contingent on annual maximum rates not exceeding Option 1 rates. The Council was asked to allow the City Manager to negotiate with Laidlaw combining Options 1 and 2. There were no questions from the Council. TARRANT Tarrant County Commissioner Glen Whitley NAN COUNTY stated he was meeting with each of the cities. COMMISSIONER He wanted to hear from the Council how the GLEN WHITLEY County could be of assistance. Commissioner Whitley advised the Council of several interlocal programs available Le., purchasing programs for fuel and road material, fire mutual aid, community service. OTHER ITEMS Councilwoman Johnson advised she had Thomas P. received a complaint on the lettering on the Investigate signs on the side of City trucks being too small to read. She asked that future signs on the City vehicles be more readable. ADJOURNMENT Mayor Brown announced at 6:58 p.m. that the NAN Council would adjourn to Executive Session for consultation with the City Attorney as authorized by the Government Code Section 551.071 and for deliberation regarding real property, Teakwood Drainage Project, as authorized by Section 551.072 of the Government Code. ATTEST: Patricia Hutson, City Secretary Pre-Council Minutes April 28, 1997 Page 4 Tommy Brown, Mayor MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - APRIL 28,1997- 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order April 28, 1997 at 7:30 p.m. ROLL CALL Present: Tommy Brown Mack Garvin Lyle E. Welch Mark Wood JoAnn Johnson Don Phifer Byron Sibbet Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilman Staff: C.A. Sanford Randy Shiflet Larry Cunningham Patricia Hutson Rex McEntire Greg Dickens City Manager Assistant City Manager Assistant City Manager City Secretary Attorney City Engineer Absent: Linda Spurlock Sansoucie Councilwoman 2. INVOCA TION Councilman Wood gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES OF THE PRE-COUNCIL MEETING APRIL 14,1997 APPROVED Councilwoman Johnson moved, seconded by Councilman Phifer, to approve the April 14, 1997 Pre-Council Minutes. City Council Minutes April 28, 1997 Page 2 Motion carried 6-0. 5. MINUTES OF THE REGULAR MEETING APRIL 14, 1997 APPROVED Councilman Wood moved, seconded by Councilman Phifer, to approve the minutes of the April 14, 1997 City Council meeting. Motion carried 6-0. 6. PRESENTATIONS BY BOARDS & COMMISSIONS No action necessary. 7. PRESENTATION OF PROCLAMATION BY MAYOR BROWN 1. NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK Mayor Brown presented North Richland Hills Public Safety Telecommunciators Earlene Gonzales and Sherry Decker with a proclamation in recognition of "National Public Safety Telecommunications Week", April 14 - 18,1997. 2. ADOPT-A-THON '97 AND BE KIND TO ANIMALS WEEK Mayor Brown presented Animal Services Supervisor Don Sharp and Animal Services Officer Wade Smith with a proclamation in recognition of "Adopt-a-Thon '97 and Be Kind to Animals Week '97", May 2 - 10,1997. 8. PRESENTATION OF 1996 NORTH RICHLAND HILLS TELECOMMUNICA TOR AWARD - MAYOR BROWN Mayor Brown announced that Lynn Allen received the 1996 North Richland Hills Telecomunnicator Award. Ms. Allen was not present to accept the award due to a death in the family. - ..._-_.,---,---~._~--~-~.._~..._._.~------------'-_._--'..---~ City Council Minutes April 28, 1997 Page 3 9. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 10. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (12,13,17,19,20,21,22,23,24,25,26,27,&28) APPROVED Mayor Pro Tem Garvin moved, seconded by Councilwoman Johnson, to approve the Consent Agenda. Motion carried 6-0 11. PZ 97-15 - PUBLIC HEARING TO CONSIDER THE REQUEST OF WESTERN RIM INVESTORS, L.L.C., FOR REZONING FROM R-7 MULTIFAMILY & C-1 COMMERCIAL TO PO PLANNED DEVELOPMENT, LOT 2, BLOCK 2, WALKER'S BRANCH ADDITION (LOCATED OFF EMERALD HILLS WAY & GRAPEVINE HWY) ORDINANCE NO. 2197 APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak for or against the rezoning to come forward. Mr. Rick Simmons, applicant, presented his request. There being no one else wishing to speak, Mayor Brown closed the Public Hearing. Mayor Brown announced that Councilman Wood was abstaining from discussion and vote because of conflict of interest. Mayor Pro Tern Garvin moved, seconded by Councilman Sibbet, to approve PZ 97-15 Motion carried 5-0; Councilman Wood abstaining. City Council Minutes April 28, 1997 Page 4 *12. PS 97-09 - CONSIDER THE REQUEST OF REAL TEX VENTURES FOR A FINAL PLAT OF LOTS 1, BLOCK 1, CHILDREN'S COURTYARD ADDITION (LOCATED AT THE NORTHWEST CORNER OF THE SMITHFIELD ROAD & STARNES ROAD INTERSECTION) APPROVED *13. PS 97-11 - CONSIDER THE REQUEST OF TECNOL INC., FOR A REPLA T OF LOTS 6R & 5R, BLOCK 1, INDUSTRIAL PARK ADDITION. (LOCATED BETWEEN THE S.L. & S.W. RAILROAD TRACKS AND INDUSTRIAL PARK BOULEVARD, EAST OF RUFE SNOW DRIVE) APPROVED 14. GN 97-35 - CONSIDERATION OF ACTION ON ALL MATTERS PERTAINING TO THE AWARD AND SALE OF $4,100,000 IN GENERAL OBLIGATION BONDS AND APPROVE ORDINANCE NO. 2195 APPROVED Mr. David Medanich, First Southwest, appeared before the Council. Mr. Medanich announced the City received an upgrade in ratings. Moody's upgraded the City's rating from A to A 1 and Standard and Poor's upgraded the rating from A+ to AA-. Mr. Medanich recommended the Council accept the bid of First Southwest at an interest rate of 5.651535% for the General Obligation Bonds. Councilwoman Johnson moved, seconded by Councilman Phifer, to award the bid to First Southwest at the interest rate of 5.651535% for the $4,100,000 in General Obligation Bonds and approve Ordinance No. 2195 authorizing the issuance of General Obligation Bonds, Series 1997, and approving Bank One, Texas, NA, Fort Worth as Paying Agent/Registrar. Motion carried 6-0. City Council Minutes April 28, 1997 Page 5 15. GN 97-36 - CONSIDERATION OF ACTION ON ALL MATTERS PERTAINING TO THE AWARD AND SALE OF $2,755,000 IN CERTIFICATES OF OBLIGATION AND APPROVE ORDINANCE NO. 2196 APPROVED Mr. David Medanich, First Southwest, recommended the Council accept the bid of PaineWebber, Inc., at an interest rate of 5.591979% for the Certificates of Obligation. Councilman Sibbet moved, seconded by Councilwoman Johnson, to award the bid to Paine Webber, Inc., at the interest rate of 5.591979% for the $2,755,000 in Certificate of Obligation and approve Ordinance No. 2196 authorizing the issuance of Certificates of Obligation, Series 1997, and approving Bank One, Texas, NA, Fort Worth as Paying Agent/Registrar. Motion carried 6-0. 16. GN 97-37 - APPOINTMENT TO BOARD OF ADJUSTMENT APPROVED Councilman Sibbet moved, seconded by Councilwoman Johnson, to appoint Mr. Don Ferguson to Place 6 on the Board of Adjustment. Motion carried 6-0. *17. GN 97-38 - APPROVE "NO PARKING-LOADING/UNLOADING ONLY" ZONE IN THE 6700 BLOCK OF SMITHFIELD ROAD ORDINANCE NO. 2193 APPROVED 18. GN 97-40 - SOLID WASTE AND RECYCLING PROPOSAL REVIEW APPROVED City Manager Sanford presented the Solid Waste and Recycling Proposal. Mr. Sanford advised he was recommending Laidlaw's Option 1 and was requesting acceptance of Laidlaw's Option 2 contingent on annual maximum rates not exceeding those established by Option 1. City Council Minutes April 28, 1997 Page 6 Mr. Mickey Flood, President of IESI, appeared before the Council. Mr. Flood asked Council for an opportunity to review the figures of the low bidder. He advised that only a selective few could respond to the two day only pickup. He asked for Council to consider awarding the contract to a local company. Mr. Norm Bulaich, representing Waste Management, appeared before the Council. Mr. Bulaich advised his company met 99% of the areas of priorities set by Council. He felt their four day service week was a good rate. Mayor Pro Tem Garvin moved, seconded by Councilman Sibbet, to approve GN 97-40. Motion carried 6-0. *19. GN 97-41 - PURCHASE OF BELLOMY EASEMENT- TEAKWOOD DRAINAGE PROJECT APPROVED *20. PU 97-35 - IRON HORSE GOLF COURSE MANAGEMENT CONTRACT APPROVED *21. PU 97-36 - AWARD BID FOR LlGHTBARS, SIRENS AND ACCESSORIES APPROVED *22. PU 97-37 - AWARD BID FOR FLATBED TRAILERS APPROVED *23. PU 97-38 - AWARD BID FOR SEMI-ANNUAL CONTRACT TO SUPPLY UTILITY MATERIALS APPROVED *24. PU 97-39 - AWARD BID FOR CLOSED CIRCUIT TV SYSTEM FOR THE NRH20 WATER PARK APPROVED City Council Minutes April 28, 1997 Page 7 *25. PU 97-40 - AUTHORIZE PURCHASE OF COMPUTER EQUIPMENT FOR NRH20 APPROVED *26. PW 97-12 - REVISE DATE FOR PUBLIC HEARING ON STREET AND DRAINAGE IMPROVEMENTS FOR HIGHTOWER DRIVE (SECTION A2 & B) APPROVED *27. PW 97-13 - VACATE A PORTION OF AN EXISTING UTILITY EASEMENT ON LOT 47, BLOCK 2, SHADY OAKS ADDITION ORDINANCE NO. 2194 APPROVED *28. PAY 97-06 - APPROVE FINAL PAYMENT TO LONE STAR GAS COMPANY FOR RELOCATION OF PRECINCT LINE ROAD MEASURING STATION APPROVED 29. CITIZENS PRESENTATION None 30. ADJOURNMENT Mayor Brown adjourned the meeting. Tommy Brown - Mayor ATTEST: Patricia Hutson - City Secretary MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - MAY 5,1997 - 6:00 P.M. 1. CALL TO ORDER Mayor Brown called the special meeting to order May 5, 1997 at 6:00 p.m. ROLL CALL Present: Tommy Brown Mack Garvin Lyle E. Welch Mark Wood JoAnn Johnson Don Phifer Byron Sibbet Linda Spurlock Sansoucie Staff: Randy Shiflet Larry Cunningham Patricia Hutson Rex McEntire Absent: C.A. Sanford Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilman Councilwoman Assistant City Manager Assistant City Manager City Secretary Attorney City Manager INVOCATION Councilman Wood gave the invocation. 2. GN 97-45 CANVASSING MUNICIPAL ELECTION- RESOLUTION NO. 97-20 APPROVED Mayor Brown presented the canvass of the May 5, 1997 Municipal Election. City Council Minutes May 5, 1997 Page 2 "RESOLUTION NO. 97-20 WHEREAS, an Election was duly held in the City of North Richland Hills, Texas, on the 3rd day of May, 1997 to elect Council Places 1, 3, 5, and 7 of the City of North Richland Hills, Texas; and WHEREAS, the Mayor and City Council duly canvassed the votes of said election on this the 5th day of May, 1997; and WHEREAS, the canvass showed the following results: Candidate Office Total Lyle E. Welch Place 1 795 Frank Metts, Jr. Hilary J. Byatt Place 3 702 297 Don D. Phifer Place 5 789 Cheryl Cowen Lyman Place 7 773 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that 1. The above canvass be and the same hereby is in all things approved. 2. The Council finds that the following candidates should be declared elected to the office indicated: Office Duly Elected Official Council Place 1 Council Place 3 Council Place 5 Council Place 7 Lyle E. Welch Frank Metts, Jr. Don Phifer Cheryl Cowen Lyman." City Council Minutes May 5, 1997 Page 3 Councilman Wood moved, seconded by Councilwoman Sansoucie, to approve Resolution No. 97-20. Motion carried 7-0. 2. SPECIAL PRESENTATIONS Mayor Brown and the City Council Members presented to Ms. Sansoucie a plaque in recognition of her ten years of service to the City of North Richland Hills as Council Member, Place 7. Mayor Brown and the City Council Members presented to Mr. Wood a plaque in recognition of his six years of service to the City of North Richland Hills as Council Member, Place 3. Ms. Sansoucie and Mr. Wood expressed their appreciation to the other council members they served with during their tenure, the citizens and city staff. 4. GN 97-46 FILING STATEMENTS AND OATHS OF ELECTED OFFICIALS WITH THE SECRETARY OF STATE - RESOLUTION NO. 97-21 APPROVED Councilwoman Johnson moved, seconded by Councilman Sibbet, to approve Resolution No. 97-21. Motion carried 5-0. 5. GN 97 -47 OATH OF OFFICE City Attorney McEntire administered the oath of office to Lyle E. Welch, Frank Metts, Jr., Don D. Phifer and Cheryl Cowen Lyman. 6. ELECTION OF MAYOR PRO TEM Councilman Garvin moved, seconded by Councilman Welch, to elect Councilman Sibbet as Mayor Pro Tem. City Council Minutes May 5, 1997 Page 4 Motion carried 7-0. 7. ADJOURNMENT Mayor Brown adjourned the meeting. Tommy Brown - Mayor ATTEST: Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS MINUTES OF THE INVESTMENT COMMITTEE MEETING January 23, 1997 Present: Larry J. Cunningham, Assistant City Manager Larry Koonce - Finance Director Debbie Durko - Budget Coordinator Victor Jones - Utility Services Manager Bret Starr - Accountant Absent: Jackie Theriot, Accounting Manager Item 1: Approve Minutes of Previous Meeting Discussion: A motion to approve the minutes was made by Victor Jones, seconded by Debbie Durko, and passed without objection. Action: No action required. Item 2: Summary of Investment Transactions for October to December. 1996 Discussion: Interest income for the period was $575,000. The portfolio balance as of December 31, 1996 was $ 38.8 million. The portfolio distribution on December 31, 1996 was as follO'NS: TexpooI39%, Agency Discount Notes 34%, Agency Notes 3%, T-Bills 10%, T-Notes 3%, and LOGIC 11%. In December, Treasury and Agency Notes were purchased to diversify the portfolio and increase interest income. Mr. Koonce discussed tVJO other investment pools: Lone Star and CLASS. Staff was directed to find more information about their suitability as investment alternatives. It was discussed that no new investment pools VvOuld be used unless one of the current ones went out of business or if their performance declined. Action: Staff has contacted both investment pools. The information is summarized on the April 25 Agenda. Item 3: Discussion and Approval of First Quarter Investment Report Discussion: The investment report was presented and approved without any changes. Mr. Koonce suggested that for the next quarter, book to market value be shoM1 on the report. Mr. Koonce also requested showing a full year's VvOrth of data on Table A, and also including average investable balance on the table. Action: A motion to approve was made by Mr. Koonce, seconded by Ms. Durko, and passed unanimously. Staff was directed to incorporate the discussed changes in the next investment report. Item 4: Investment Strateoy Discussion: Staff presented a plan for investing excess funds in longer term securities according to projected cash flows. The committee discussed how to separate reserves from operations to identify funds available for longer term investment. According to the public funds investment act, the Investment Strategy Statement must be in a separate document from the Investment Policy. A sample strategy document prepared by First Southwest was distributed. Mr. Koonce presented the option of buying Treasury Securities directly from the Federal Reserve instead of through a broker/dealer. He also requested that staff examine the feasibility of using a repurchase agreement to invest future bond proceeds as an alternative to investment pools. Action: Staff was directed to create an investment strategy document and revise the investment policy to reflect changes approved by the committee since its adoption by council. Staff will prepare the necessary documentation to allow the city to execute repurchase agreements and investigate buying treasuries directly. Over the next quarter, staff will invest available funds into securities with maturities between one and two years. Item 5: Status of Texpool Discussion: As directed at the November 15, 1996 meeting, staff transferred approximately $1.5 million from various bond proceed accounts from Texpool to Logic. It was discussed that for the last four months, Logic had earned rates around 10 basis points lower than Texpool. The difference is in the management fee charged by the pools. Logic charges 17.5bp per year, while Texpool only charges 8bp. The committee discussed the possibility of action in the Texas Legislature to change or abolish Texpool and the probability of this occurring. Mr. Cunningham mentioned that Andy Wayman was receiving copies of legislative bills as they were proposed or revised. He suggested that any bills related to Texpool or other bills of interest to Finance be copied for evaluation. « - ~ Action: Mr. Cunningham requested that a paragraph be included in the Second Quarter Investment Report concerning the status of Texpool. Staff will contact Mr. Wayman to arrange for the bills to be routed to Finance. Item 6: Other Business Discussion: Mr. Cunningham proposed the idea of replacing himself on the Investment Committee with Mr. Shiflet so that he could gain more experience with the financial operations of the City. It was also proposed to include a department head from another department on the Investment Committee. The department heads could rotate on and off the committee at six month intervals. It was discussed that this 'NOuld be of benefit to departments with large expenses and capital programs. Suggestions for specific departments included Public Works, Parks & Recreation, Information Services and Support Services. Action: No action was taken at this time. A motion to adjourn the meeting was made by Debbie Durko and seconded by Victor Jones. CITY OF NORTH RICHLAND HILLS . --... Department: Planning and Inspections Council Meeting Date: 05-12-97 Subject: Public Hearing for Reconsideration of Special Use Permit Number 22, Issued to "OK Sod" for a Temporary Office Trailer on Lot 18C, Block 18, Clearview Addition. (Located at 5102 Davis Boulevard). Ordinance Number 2206 Agenda Number: PZ 97-11 This is a reconsideration of the Special Use Permit that was issued to "OK Sod" on March 27, 1995, with the condition that it be reconsidered after 18 months; December 12, 1996 being the earliest date for reconsideration. The request for reconsideration was tabled at the March 27, 1997 Planning & Zoning Commission meeting after several neighbors, abutting the property, complained of the generally poor appearance and maintenance of the property. The public hearing would be reopened at the April 24, 1997 Planning & Zoning Commission meeting. Prior to the April 24 meeting the applicant was instructed to show proof of substantial improvements in the clean up of this property before a final recommendation would be made during the April 24, 1997 meeting. The Special Use Permit allowed a temporary trailer to be used for office space. "OK Sod" is located at 5102 Davis Boulevard, in Lot 18C, Block 18, Clearview Addition. It operates as a garden center and truck rental facility. The property is currently zoned C-2 Commercial. The property to the north, south and to the west is zoned C-2 Commercial. The property abutting it to the east is zoned R-2 Residential. Because the activities of "OK Sod" require a Special Use Permit when within 200 feet of residential zoning, the question of affixing conditions, in this case, to accessory buildings is permitted. '- The Planning and Zoning Commission reconsidered this amendment request at its April 24th, 1997 meeting and recommended approval, with the stipulation that the Special Use Permit request be extended one year, from the April 24, 1997 Planning and Zoning Commission meeting. RECOMMENDATION: It is recommended that the City Council hold the required Public Hearing and consider the recommendation of the Planning and Zoning Commission. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available i3 é1¡ Q~ , Ci Manager CITY COUNCIL ACTION ITEM ,Finance Director ~R_~__~·___'_~___~~__'_·_"~··"_···~··'··_ ORDINANCE 2206 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ZONING ORDINANCE NUMBER 1874, THE COMPREHENSIVE ZONING ORDINANCE, TO AUTHORIZE A TIME EXTENSION TO SPECIAL USE PERMIT NUMBER TWENTY-TWO FOR A GARDEN CENTER AND TRUCK RENTAL FACILITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after appropriate notice and public hearing, the following recommendation is submitted to the City Council of the City of North Richland Hills, Texas by the Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No, 1874 by authorizing a time extension to Special Use Permit Number Twenty Two, by changing said Ordinance as set forth herein; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Special Use Permit Number Twenty-Two be hereby authorized for a Garden Center and Truck Rental Facility as set forth in Case Number PZ 97-11 on the property described as follows: Being Lot 18C, Block 18, Clearview Addition, an Addition to the City of North Richland Hills, Texas, according to the plat recorded in Volume 388-21, Page 46, Plat Records, Tarrant County, Texas. This property is located at 5102 Davis Boulevard. 2. THAT, the development regulations contained in the C-2 Commercial zoning district of Ordinance 1874 shall govern development on said property, except where amended below: 1. Not more than two (2) rental trucks shall be parked in front of the fence on Davis Boulevard. 2. Not more than four (4) pallets of grass shall be located in front of the building. 3. The temporary office trailer shall be limited to a maximum of four-hundred forty square feet (440) in size. 4. A permanent sight-barring fence of at least six (6) feet in height shall be provided along this property entire frontage on Davis Boulevard. The area in front of the screening fence shall be landscaped with photinias and/or other shrubs or trees. 5. Outdoor seasonal sales shall be allowed and may include Christmas trees and pumpkins. Ordinance No. 2206 Page 1 6. This Special Use Permit shall terminate one year after the approval date of the City Council. 3. THAT, all the regulations contained in the Zoning Ordinance No. 1874, as amended, which are not in conflict with the terms of this Special Use Permit, shall remain in full force and effect regarding this property. 4. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 5. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 24TH DAY OF APRIL, 1997 ~ ~r· . ----------- .------.--..--.... . -- Chairman, Planning and Zoning Commission '~Z?(;;?~ Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 12TH DAY OF May 1997. Mayor City of North Richland Hills, Texas Ordinance No. 2206 Page 2 ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No. 2206 Page 3 APPLICATION FOR A SPECIAL USE PERMIT CITY (; o,;QM~ MICHLANO HILLS 7J01 N.". LOOP azo NOATH ~IC"L.,I,NO HILLS. TEXAS 76HIO e 1 7-5ð HiSoOð Please pl'int all responses PART 1. APPLICANT INFORMATION \ ST,,:£! .4DORESS OF APPlICANT: ~ S~~ ~'Ç"'-\~ _ C\.:r\: CITY I STATE I ZIP OF APPUCANT: ,,^--~'f~,-\ \~ ,\::<' i\S,?\'-\Ç PART 2. PROPER Y OWNER INFORMATION f \'"\ ()~ ~~D ~hLCS i-Lv \ \. \5\ \:"-.) " - \ '\ \:.\\....¡\. CT ì ~ TEUP><JioJE NUU8E¡:¡ OF APPlICANT: S;\\ S\l~~c;\\ NAME OF PROPt£RTY ONNER: \-\ 'f\ '1) \1'\ G.. ~\. ~ STRE£! .4DORESS OF PROPERTY OWNER: CS\~5 ~C-."i\ ~ CITY I STATE I ZIP OF PROPERTY OWNER: ~ ,\2. \ Y. l \j1 \ ( 0 UGAL DESCJ?IPTIOH D\a~'ç M~S: ~\'J ~ '~-\-Q. =:; S\I s ~ d d -\ -\- J/'.) ~\ \ L\~Q\\/1 Y'I- STREET .4DORESS AT LOCATION _ERE SPECIAL US£ PERUIT IS BEING REOIJESTED: 5\a~ O-."L\"S ~\y~ . PART 3. DESCRIPTION OF REQUEST ADDITIONAL C()JUENTS: L- ~~-\: ~\ \ ~'i ~)"'r PROi'O$éD us¿ OF PR C-, R':f: QN £i,"'r'\\I~ l ~ -\-~~~ CU;¡RENT ZONING CLASSIFICATION: ?)'\: ~ C\. \.0 c, <;')--Ç \ \'"' '\.A. c'ç S G: e. Y>·t~ s ~~~\ ATTACH SrTE PlAN PER SPECIFICATIONS ON REVERS£ SlDE OF THIS FORIJ: ~ YES c::J NO ATTACH .AFFIDAVIT F~ PROPERTY OWNER IF APPliCANT IS NOT CNiNER CJ YES CJ NO I hereby certify that the foregoing information is correct to the best of my knowfedge. DATE: \ \ \ q \ C,S Your Name (prin~ed) ~ \.j " N -rs: c ic PART 4. OFFICE USE ONLY P dZ P1Jauc HEAAING DATE: ïÞ.1!i&D TO ~ 4 -2,1! 1AXES PAID? 3-~ 7- tf7 ~ onES DNO CASé NuueER: ?L .qs-öl CrTY COUNCIL HEARING DA rE: '1-14-17 UENS PAID? ~YES DNO FEE $:300.00 SPECIAL USE PERIJIT APROVED: CJ YES CJ NO ORD. NO. ASS£S.$JJENTS PAlO? [0'YES DNO T"h. eøølic.oon ... ""'f boe ecI\4~"'d fer gutl'ic f\oe-~9 ...,,, .--.. ~.D"" f... . ,.c.í"Nd. Ccna.OOM of ApP'OVfJt SPECIAL USE PERMIT Po9" 1 012 C0-41.t (~9)J --" "------~ --~~- --~--- ~_.~~ ----- ~- -~-- ~- - -- ~li D~t 7';~: .î3: , , - ¡ . : - ~ ~ : . ~ I - ~ ~ 101 0'. ~ . ~ - w : ~ \, :: ¡- . u ..0 ~ u.. ¿ /'0. I 01: u > < o ~ 0 U~ HI. '2 , < - I ~ i . ~-JN~; I LLJuUJ c, ~I :' ... . - : c z '~ ...-:. : . ~ ~ I . ,- I I ~, )AOI~ r- I ~ I "I ~ , ~ ¡ TIr'IN ~ r . ! ~.. - I .~ I !J Z 0 - ~ - DAVIS J ~ ! I ! ... I' N " II .. · ~ < ! U :;i to :.: u "" " ::.. 'v:~ L~ ~ .."" I '':'-~ I ~. .., ... ~ ~ .., ~ I-- " ... <..> ~ '" c ~ , o '< . ~ .... '<. ~ : ¡:; .... ~ .. c c.O.....(I(.I..." 01. I , I , i \ I -J I · I. I . 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I· .I~\!I\! ;::'::\:: \:!:11 ~/ . .. C'J \ ill / '1~_ i~~-io \..1.:./..- I ,- - ,- I I ; i i/ , 5U'S^N LEE LN 1:, , " ~ ~! :: \ ~ ¡ J:I " I , :' i~ :: \ - -'~ r ,,,:) -- ...} "Z- L. :. "" ...;¡ ¡;: :::: ,!: ¡;, J::';; :!¡:~::I:, ;:¿~ ~':~:: i : ..;. ~ .ë:, ~ ~;: G -;....- :"" . , ,.J ;- ! ?'. ·!:~=:.='=-:ì ~ ¡ I ;/ ',:.- ~ ,...., . ;::;.--¿! .~: i % ¡ Þ --' ,'- 2 I . .....I.J.;,I Ito...!"", L~ ~"G~ a z ~ 1.!1 . - ~ ;" ... u.. ¿ I r-... I 01: ~ 4. PZ 97-11 PUBLIC HEARING FOR RECONSIDERATION OF THE SPECIAL USE PERMIT ISSUED TO "OK SOD" OR A TEMPORARY OFFICE TRAILER ON LOT 18C, BLOCK 18, CLEARVIEW ADDITION. (LOCATED AT 51 02 DAVIS BOULEVARD) APPROVED Vice Chairman Davis explained the rules governing a public hearing, and opened the public hearing. Mr. Kevin Keck, applicant and owner of OK Sod, presented his request. He explained that the property has been cleaned up considerably. He stated that he has talked with all the neighbors and has given them his personal phone number so they can contact him personally with any possible future problems. Mr. Keck apologized for the condition that the property had gotten into and stated he was unaware of it until the neighbors spoke at the April 1 0, 1997 meeting. Mr. Keck stated that an extension of one year should be sufficient, they are looking for property to purchase at this time. His lease on this property will be up in April of 1998. Vice Chairman Davis commended Mr. Keck for their quick response in cleaning this property up and then called for any additional proponents. There being none, Vice Chairman Davis called for any opponents. There being none the public hearing was closed. Mr. Owen made the motion to approve PZ 97-11 with a one year extension of the Specific Use Permit. The motion was seconded by Mr. Lueck and the vote was 4 - O. PUBLI REZONING FAMILY RESIDENTIAL, ON 8C3, S. RICHARDSON SURVEY, A-11 LINE ROAD AND EAST OF THORNB APPROVED .6 TO CONSIDER THE REQUEST OF JOHN BARFIELD FOR ICUL TURE & 0-1 OFFICE TO R-2 SINGLE CTS 8B, 8B1A, & PARTS OF 8C & o WEST OF PRECINCT IVE.) - Vice Chair ope e public hearing. 2 March 27, 1997 Planning and Zoning Commission Planning and Inspection Services City of North Richland Hills P.O. Box 820609 North Richland Hills, TX 76182-0609 Subject: (public Hearing for CASE No. ~ Re: Response from: Public Hearing on March 27. 1997 Request for Temporary Office Building on premises and Reconsideration of Special Use Permit issued 3/27/95 for Kevin Keck 6530 N. Park , Watagua, TX 76148 business @ Victor Juarez, P.E. 5117 Gibbons Drive North Richland Hills, TX 76180 5102 Davis Blvd. NRH, TX (legal description) Lots 18- C through _ Block 18 Clearview Addition To: Chairperson, City of North Richland Hills Zoning Commission I will not be able to attend the subject public hearing. Mr. Steve Cochran, my neighbor residing at 5113 Gibbons Drive, NRH, TX, is conveying my statements on the subject hearing to the City of North Richland Hills Planning and Zoning Commission on my behave. My concerns and statements ate noted in the attached letter with the same subject. !F NA Y to Case No. PZ-97-11 March 27, 1997 Planning and Zoning Commission Planning and Inspection Services City of North Richland Hills P.O. Box 820609 North Richland Hills. TX 76182-0609 Subject: Public Hearing for CASE No. PZ 97-11 Re: Public Hearing on March 27. 1997 Request for Temporary Office Building on premises and Reconsideration of Special Use PerßÙt issued 3/27/95 for Kevin Keck 6530 N. Park Watagua, TX 76148 business @ 5102 Davis Blvd. NRH, TX (legal description) Lots 18- C through _ Block 18 Clearview Addition Response from: Victor Juarez, P.E. 51 17 Gibbons Dri ve North Richland Hills, TX 76180 To: Chairperson City of North Richland Hills Zoning Commission A. The 'subject zoning case and hearing reviews a "special use" permit issued on 3f27/95 for a business at 5102 Davis Blvd., North Richland Hills, TX. A review for reconsideration of that permit 18 months after issuance was stipulated at that time as a condition for the "special use" permit. I own the residence on 5117 Gibbons Drive which is located immediately behind the property requesting the above special purpose zoning change request As a tax payer and owner of the Gibbons Drive property, I am affected both from a well being and tranquil standpoint; and, from a property value standpoint by the type of business and operations conducted at the 5102 Davis Blvd. Address. I respectfully submit a recommendation to this commission to issue an UNOUALIFIED NAY to any extensions or other special considerations to special permits that may be the requested, e.g., as to allow the subject business to install a temporary building for use as an office etc. My strong objections are based on the operations since start of business under the March 1995 "special use" permit To date business conducted on those premises are disruptive to the well being of residents in the adjacent properties and a cause for devaluation for property value to said properties. The 5102 Davis Blvd. business operation is disruptive and devalues surrounding properties because: a. Excessive Noise. Business operations are carried on around the clock. Loud equipment is operated at all time of the night contrary to residential city ordinances. Loud loading tractors and movement of large 18-wheel vehicles is constant nuisance to residences immediately behind this business. These operations disrupt the well being and stability of the neighborhood. b. Waste storage containers. Excessive storage of large waste container in the north east comer of property creates an eye sore when viewed from the residences immediately behind this business. This business has not installed proper commercial business-type privacy fence along its rear boundary of the lot. .... NA Y to Case No. PZ-97-11 c. Rodents, snakes, fleas and ticks. A noticeable increase in population in rodents, snakes, fleas, and ticks is apparent since this business began operation at the Davis Boulevard location. The type of stored grass sod, equipment, waste, etc., is conducive to bringing and attracting these infestations, d. Operations are destructive to neighbors property. Equipment is operated without regards to adjacent residential property. Waste products such as old truck tires, pallets, crates, etc., are piled against other private owners fences causing damage to fences on properties on adjacent properties. This business has not installed proper commercial business-type privacy fence along its rear boundary of the lot. B. Continuation of business operations under the March 1995 "Special Use" pennit to this business operation can only be considered under the following legally enforceable stipulations: 1. Hours of operations for purposes of noise abatement must be limited to: 8:00AM to lO:OOPM 2. The business must install a commercial business-type privacy fence along the rear boundary of the lots of sufficient height to conceal equipment. especially waste containers as condition for continuance of the "special use" permit. Height of commercial-type fence must be a minimum of seven feet high. 3. The business must maintain a clean lot and clear areas along the fence lines. Equipment. waste material, sod inventory, etc., must not come in contact with fence. A clean area at least four feet wide must along the fence Jines. 4. The City of NRH zoning and inspection departments is asked to support enforcement of zoning law to preclude unsightly conditions, damage to non-business property, and to maintain the adjoining residential property values. Enforcement of zoning laws to help maintain the adjoining residential property values. ¡G". 2 SOD April 7, 1997 Dear Neighbors: Thursday, March 27, 1997, at the City Council meeting you brought to my attention many disturbing problems, After reviewing the stated complaints, I am definitely in agreement with your concerns. First of all I would like to apologize for all the problems you have been having. Until Thursday night I was never informed or aware that such problems existed between us. OK Sod has always been a community friendly company and we will continue to strive to correct the problems in a timely mann~r. In the future if you have more problems or concerns, please feel tree to call me at Metro (817) 577-2911. As for now, I will work hard to resolve this issue with you and our surrounding neighbors. Sin,cerely, OK SOD Kevin Keck ~ 102 DAVIS BLVD., NORTI-i RICHL'\ND HIUS, TX 76180 ,-~-, --- -........... I,.....,... -, -....... ...... -, '" "'" SOD 4/15/9- Dear Mr.& Mrs. Cochran, This letter is in regards to the damage done to the back end of jour fence. I walked the fence line and noticed the damage consisted of broken pickets and 2 or 3 panels knocked away from the post. I would like to take care of this matter promptly and restore the fence back to it's original condition. If you would please give me a call at Metro (817)577-2911 to discuss resolving this problem. ;; Thankyou, Kevin Ked: OK SOD INC. 5102 DAVIS BLVD.. NORTH RfCHLA.ND HILLS. TX 76180 the hensive Land Use Plan shows this area being zoned commerci additionally, 'the entire Commissions belief that this property woul er develop residen The Commissioners also believe that ap g this request as a C-1 zon 'nstead of the C-2 the applicant h plied for will deter the majority of concerns . Chairman Barfield called for any a public hearing was closed. There being none the Mr. Davis made the motio 2 being requested. 8. ~ Mtr.U\t ~ ~ 11141 PZ 97-11 p~ 2- M£E'T'~~ PUBLIC HEARING FOR RECONSIDERATION OF THE SPECIAL USE PERMIT ISSUED TO "OK SOD" FOR A TEMPORARY OFFICE TRAILER ON LOT 18C, BLOCK 18, CLEARVIEW ADDITION (LOCATED AT 51 02 DAVIS BLVD) TABLED Mr. LeBaron explained that this was a reconsideration for the Special Use Permit issued to OK Sod 18 months ago. This SUP allowed for a temporary trailer to be used for office space, and operates a garden center and truck rental facility. Mr. LeBaron explained that there are outstanding taxes owed on this property, but the applicant has stated he will have a receipt for paid taxes this evening. Chairman Barfield opened the public hearing and asked the applicant to come forward. Mr. Kevin Keck, 5102 Davis Blvd, and owner of OK Sod, presented his request. He presented a copy of the Tax Receipt showing he had paid his outstanding taxes and asked that the Commissioners grant him another 18 month Special Use Permit. Chairman Barfield asked for any additional proponents. There being none, Chairman Barfield called for any opponents. Mr. Steve Cochran, 5113 Gibbons, presented a letter of opposition to the Commissioners from another neighbor, Mr. Victor Juarez, P.E. ,5117 Gibbons, who could not be in attendance this evening. 5 Mr. Cochran explained that he has lived in the City for 13 years. He stated that there is excessive noise generated from this business. This company has knocked his fence down. He also submitted pictures taken just prior to this meeting of trash, debris and old tires stacked up against the fence behind OK Sod's property. Mr. Cochran complained of insect and rodent problems because of all this trash. Mr. Cochran is opposed to an extension on this Special Use Permit. Ms. Debbie Kennedy, also a 13 year resident of the City, 5105 Gibbons, stated she has spoken with Mr. Beck's staff on numerous occasions of the trash, debris and insect and rodent infestation, to no avail. She is opposed to an extension of this Special Use Permit. Mr. Joe Rollins, 5109 Gibbons, explained that, in his opinion, "they are being un- neighborly." He is opposed to this request. Chairman Barfield asked for any additional opponents. There being none, the public hearing was closed. It was the general consensus of the Commissioners that this location had turned into a "junk yard" and was going to have to be cleaned up. Mr. Davis made a motion to table PZ 97-11 for thirty days and require the applicant show proof of cleaning up this property and the property only be used for grass storage; additionally, in this thirty days, the applicant be required to build a fence along the rear property. The motion was seconded by Mr. Nehring and carried, 7 - O. Discussion ensued regarding the issue of building a new fence, or repairing the existing fence. Mr. Davis amended his motion to table PZ 97-11 until the last meeting in April and return showing proof of substantial improvements of clean up on this property before a final recommendation is made to the City Council. Mr. Nehring seconded the motion and it carried 7 - O. 6 CITY OF NORTH RICHLAND HILLS ~ Department: Planning and Inspections Council Meeting Date: 05-12-97 Subject: Public Hearing to Consider the Request of John Barfield for Rezoning from AG Agricultural & 0-1 Office to R-2 Single Family Residential, on all of Tracts 8B, 8B1A & parts of 8C &. 8C3, S. Richardson Survey, A-1266 & all of Tracts 5E1A & 5E W. L. Newton Survey, A-1182. (Located west of Precinct Line Rd. & east of Thornbridge Dr.) Ordinance Number 2199 Agenda Number: PZ 97-16 John Barfield is the agent for Jean Barfield Properties, F.L.P., J.B. & J.B. Development, F.L.P., & B.H. & L. Joint Venture of Hurst, owners of Tracts 8B, 8B1A, 8C, & 8C3 (only part of 8C & 8C3 will be rezoned), S. Richardson Survey, A-1266, & Tracts 5E & 5E1A, W.L. Newton Survey, A-1182. The property is currently zoned AG Agricultural, 0-1 Office, & R-2 Single Family Residential (Tr. 8B1A). The applicant proposes to rezone the approximately 12.37 acres to R-2 Single Family Residential. The requested rezoning would allow the applicant to build a proposed 65 single family homes in the subsequent development. Property to the west is zoned R-3 Single Family Residential. Property to the south and north is zoned AG Agricultural. Property to the east is zoned AG Agricultural or lies in the City of Colleyville. The Comprehensive Land Use Plan shows this property to be used for low density residential development. The Planning and Zoning Commission considered this request at its April 24th, 1997 meeting and recommended approval. .\..- RECOMMENDATION: It is recommended that the City Council hold the required Public Hearing and consider the recommendation of the Planning and Zoning Commission. Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~ Finance Review Account Number Sufficient Funds Available ent Head Signature CITY COUNCIL ACTION ITEM ,Finance Director M ORDINANCE 2199 AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH ARTICLE 2, SECTION 200, OF ZONING ORDINANCE NUMBER 1874, PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL ON MARCH 22, 1993; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has received a request for a change in zoning district boundaries; and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 and the Official Zoning Map by rezoning certain property as set forth herein; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in Case Number PZ 97-16, the following described property shall be rezoned from AG Agricultural and 0-1 Office to R-2 Single Family Residential. Tract 1-Zone AG to R-2 Being a tract of land out of the S. Richardson Survey, Abstract No. 1266, Tarrant County, Texas, and being the same tract of land as described in deeds recorded in Volume 12378, Page 2030, and Volume 12382, Page 1325, Deed Records, Tarrant county, Texas and being described as follows: Beginning at a 1/2" iron pin set for the northwest corner of tract being described, said point being the northwest corner of said tract of land as described in Deed Recorded in Volume 12378, Page 2030, Deed Records, Tarrant County, Texas and the southwest corner of a tract of land as described in deed recorded in Volume 6886, Page 1417, Deed Records, Tarrant County, Texas; Thence south 89 degrees 57 minutes 49 seconds east 576.91 feet along the south line of said tract of land as described in Deed Recorded in Volume 6886, Page 1417, to a 3/8" iron pin found for the northeast corner of tract being described, said point also being the northwest corner of a tract of land as described in deed recorded in Volume 4470, Page 175, Deed Records, Tarrant County, Texas; Thence south 00 degrees 15 minutes 50 seconds west 499.84 feet along the west line of said tract of land as described in deed recorded in Volume 4470, Page 175 to a 1/2" iron point set for the southeast corner of tract being described; Ordinance No, 2199 Page 1 Thence south 89 degrees 47 minutes 09 seconds west 570.66 feet to a 1/2" iron pin set for the southwest corner of tract being described. Thence north 00 degrees 27 minutes 01 seconds west 502.35 feet to the point of beginning and containing 6.60 acres of land, more or less. Tract 11-Zone AG to R-2 Being a tract of land out of the S. Richardson Survey, Abstract No. 1266, and the W.C. Newton Survey, Abstract No. 1182, Tarrant County, Texas and being the same tract of land as described in deed recorded in Volume 12247, Page 643, Deed Records, Tarrant County, Texas and being described as follows; Beginning at a 1/2" iron pin set for the northwest corner of tract being described, said point also being the southwest corner of a tract of land as described in deed recorded in Volume 8730, Page 13303, Deed Records, Tarrant County, Texas. Thence south 89 degrees 44 minutes 04 seconds west 1262.25 feet along the south line of said tract of land as described in Deed Recorded in Volume 8730, Page 1303, to a highway monument found in the west ROW line of Precinct Line Road for the northeast corner of tract being described. Thence south 00 degrees 14 minutes 38 seconds east 168.69 feet along said ROW line to a highway monument found for the southeast corner of tract being described, said point also being the northeast corner of a tract of land as described in Deed Recorded in Volume 9059, Page 456, Deed Records, Tarrant County, Texas. Thence south 89 degrees 45 minutes 22 seconds west 556.78 feet along the north line of said tract of land as described in deed recorded in Volume 9059, Page 456 to a 1/2" iron pin found for the northwest corner of said tract of land as described in Deed Recorded in Volume 9059, Page 456, said point also being the northeast corner of a tract of land as described in deed recorded in Volume 7737, Page 1730, Deed Records, Tarrant County, Texas; Thence south 89 degrees 49 minutes 34 seconds west 559.86 feet along the north line of said tract of land as described in deed recorded in Volume 7737, Page 1730 to a 1/2" iron pin found for corner. Thence south 89 degrees 32 minutes 59 seconds west 145.00 feet and continuing along the north line of said tract of land as described in deed recorded in Volume 7737, Page 1730 to a 5/8" iron pin found for the southwest corner of tract being described. Thence north 00 degrees 27 minuets 01 seconds west 168.05 feet to the point of beginning and containing 4.88 acres of land, more or less. Ordinance No. 2199 Page 2 TRACT III - Zone 01 to R-2 Being a tract of land out of the S. Richardson Survey, Abstract No. 1266 and the W.C. Newton Survey, Abstract No. 1162, and being a portion of a tract of land as described in deed recorded in Volume 8730, Page 1303, Deed Records, Tarrant County, Texas and being described as follows: Beginning at a point located in the south line of said tract of land as described in deed recorded in Volume 8730, Page 1303 and being located 1033.14 feet north 89 degrees 44 minutes 04 seconds east from the southwest corner of said tract of land as described in deed recorded in Volume 8730, Page 1303; Thence north 00 degrees 15 minutes 56 seconds west 171.52 feet to a point in the south line of said tract of land as described in deed recorded in Volume 11616, page 1622 Deed Records, Tarrant County, Texas for the northwest corner of tract being described; Thence south 89 degrees 27 minutes 44 seconds east 229.04 feet along the south line of said tract of land as described in deed recorded in Volume 11616, Page 1622 to a highway monument found in the west ROW line of Precinct Line Road for the northeast corner of tract being described; Thence south 00 degrees 17 minutes 55 seconds east 168.31 feet along said ROW to a highway monument found for the southeast corner of tract being described; Thence 89 degrees 44 minutes 04 seconds west 229.11 feet to the point of beginning and containing 0.89 acres of land, more or less. 2. That the Official Zoning Map be redrawn to incorporate this zoning district boundary amendment and the herein described ordinance number be affixed to the property described herein. 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Ordinance No, 2199 Page 3 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 24th DAY OF April 1997. c?"":i:.:-- ~~ '~~"'f'Ç-;Ä' ··~-=-':L ~.: ~~~ ~._LJ~..._/ / O~lanning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 12TH DAY OF May 1997. Mayor City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No. 2199 Page 4 ./ Please print aU responses CITY OF NORTH RJCHLANO HIUS 7301 NE. LOOf' 82Q NORTH AICHLANO HILLS. TEXAS 711150 1117·561-6615 ,APPLICATION FOR A ZONING DISTRICT CHANGE PART 1. APPLICANT INFORMATION" NAME OF APPUCWT / AGENT: ~óh"A/ ß/f~~/EL. 0 STREET ADDRESS OF APPUCANT: 1tJÓ #ARwoO/f RCJ4Þ CITY/STATE/ZIP OFAPPUCWT: Ø7.eS/ lËX'45 7£05-41 TELEPHONE NUMBER OF APPUCWT: (g¡?) 28/ -9tJð¿) PART 2. PROPERTY OWNER INFORMATION J';:::;P'Jf:~FJJ/:r'7:/>~~~'Æ.cT/~~ r;¿.J'! -1.8. IJ. -l.B. PEVéL.ðP""E~A ~L.~ ...JOHN ß¡QIZF/4'¿P ¿¡iM/¿,LAL. ~ß.r#~,E #~~:µ T~::;kl:t1/J:~f-;:;h--;;;'tI! STREET ADDRESS OF PROPERTY OWNER: ß.H. ~¿. .¡'.ø,.. Jð;,,o.J ß"iJ;tR¿-¿íj 7-' '7()(J JMI!WðM ,ROAD CITY /STATE /ZIP OF PROPEFrrYOI1llNER: ß4.125r ÍÉ¥A-$ ?l.ð.54 TELEPHONE NUMBER OF PROPERTY OWNER: [811) &8/- .r¡()CO LEGAL. DESCRIPTION OF PROPEFrrY WHERE ZONING DISTRiCT ~E ISjJEING REOUESTED: 1'~7j' ~B,,~a~~~ rA1~": 0.,1: ~t!'3_~ .('~~~~. 4¿:., .~"f?/C#¿Q.f!PSð# .5'4'.eV';:y' T~cT.s:;':'-SE/A..~¿:';~fW.¿. N&'tVTð,v S~~VéY ~.4- //ez. STREET ADDRESS AT LOCATION WHERE ZONING DISTRiCT CHA/>/GE IS BEING REOUESTED: 4.-/?;~~ PART 3. DESCRIPTION OF REQUEST '"'-. CLRREfolT ZONING: 0-/ 4 A~ PROPOSED ZONING: R-¿ PROPOSED USE OF PROPERT Y. $/A/6-L é ~J'9/}Þf'/¿y '#O,.,-¡E.5 kt:ASON FOR CHANGE: ?; .£J¿ V¿-L.ð,P S;«tf.<E /'SV"""'/LY dC/.s~s. SU1IÆY OR MAP ATTACHED AS REQUIRED BY THIS FORM: A TTAQ1 AFFIDA vrr FROM PROPEFrrY OWNER IF APPUCANT IS NOT OWNER: ~ YES c::J NO C:=J YES CJ NO PART 4. OFFICE USE ONLY P & Z PUBUC HEARING DATE: '1- L- 4 -t:r 7 CITY COUNCIL HEARING DATE: s,~....;1 TAXES PAID? [¡}o1'ES CJ NO ) UENS PAID? ~ES CJ NO FEE $300.00 lONlNG DISTRiCT CHANGE APROVED: DYES c:J NO ORD. NO. ASSESSMENTS };I<'D? . , c::r: YES UNO The ~aan ....1 nOc OelCllec1Aled to< UCiC """ring ...... "" CA?fa:.aan 1_" ,-v«!. S11PULATIONS: ZONING DISTRICT CHANGE Page 1 01 2 CD-044 (I·~) I Illr..~.~..:~~.~,:;.~.,~~.~:.:~:::.::::.:,,_.........................--......'.........,...................--..... . ~ -:.., . "¡,i'\....~· LJ: , 1 r··.....·;·;......·..f··.. r-'.........,..,··_.....·,..···~ /~;~;;.-.. ........................ -=.r..~~.'.....,....,..........,....,..............:.:=~:.~.:.::,:.::~:~.::~...,~~.:::~~:;. ~',: '~: ,. \,...;.;......¡.... '," .... c=L c:, (I.....··· r,Q4..-r3P¡ ..... 1__ ! . ,cx·\':'~' C-1 C-1 \ ' ;:\;:;.: /"- ~ ~.~ç~~. 1251 ,> \. ",' '. '" ~,6 J >,,¡; <;S:~; ,".-i 7 '"I :::..:~:::~:::::.:,: ¡~ IIl.,,:r Sf' I r" ''''1) ¡ ~., · .....................; I_ :,.................;.......;.......: o ~ ~ '! ¡:! rU~f ~.. C-1 1661 .........-........... ................................n......._........_.............u....... .....-....,....-. rll'.h '-'J I >1 _.................... .......'~..c:J,: ..................... ......:,~..~~.~ ..............~¡::. ·ïiï·~T·...·.·.·.~:: ...!.~..:.I:'..-,,-t. ..._:...:....~.¡ r~·: ~_~ I Ol5r .... ...................... ...................;r . ~:_~_m_'·_:__~ I" r.1( '" \0. _ a:. =!~~~~:~;;~~ i ,e "..] to "..: .. ,. ",." i I ··..·..··.....·..··:·1 I r. I.... ~ .........__u.........:............................... fQ ~... ·_.................uu................._.... rsr 118 ........................................-.. 'Jf "'C .-........-................-.................-................-............. r-. ~( ..--...........nn.'T'''''.w ........n............................................... ......................../'11.................................................._....... ,,. !!' .......---..-.............................. ~.~..... .__.... ~ \ 3 R-3 1203 fR so AG ---...........-.....-......-........-..--.-.... '."CT '9 '" a( [,,1 V,\ C" 7' Ii ,I II AREÞt TDßE'" f{E2.ðNED ---......-..........-.----.......................................--. 'If ""C ,. I J 'If <!C: IIf ,~ G::-::.. i .....·-·'.........·······..'·1 i ! ......---::-.;~-._....... '1 ! I. 'ft ~ r· '{' }7 :,,,.,,;: ., <: ~.f\~" .:".:..... \.~~....~;:~, ~::'( ,;., ~~.::~ ~ .. R-3 1203 " '''''-''' ...........--...... G ,. ',{1 --..--.......--. -:;.-:~ '-·C' '" ---' Tit ."J ro, ! AG 1 ~. H~ " ,. , r. ". T. ,.~ 1 II, ¡ AG :.{~··h~) \".... : ~ ¡ i r I ~...,...S'··... ~:·(t:;,~ , " " \ \ " , \. 0-1 1201 I,: '. :\:.>.~.' \' '.. <e;,f,::" ( :,. ...), t~ ..- : . ;,r.f.f.ì j ..~ 0-1 1205 ~.;; ~.y:.:\'-. . C ,~, r ~ .~.,..",. , d·· ':J.,p¡;::a ..J r......__.........,....,........,_,... ,. I( ;:' ..... ..·X. ~. Vice Chairman Davis explain the public hearing. PZ 97-11 LlC HEARING FOR RECONSIDERATION OF THE SR IAL USE SUED TO "OK SOD" OR A TEMPORARY OFF TRAILER ON CK 18, CLEARVIEW ADDITION. (LOC AT 51 02 DAVIS BOULEV ARD) APPROVED rning a public hearing, and opened Mr. Kevin Keck, applicant and own K Sod, presented his request. He explained that the property has n cle d up considerably. He stated that he has talked with all the neighb and has gi them his personal phone number so they can contact him per ally with any p 'ble future problems. Mr. Keck apologized for the conditi hat the property ha tten into and stated he was unaware of it until the n bors spoke at the April 1997 meeting. Mr. Keck stated that an extensi of one year should be suffici they are looking for property to purchas t this time. His lease on this prop will be up in April of 1998, vis commended Mr. Keck for their quick res nd then called for any additional proponents. rman Davis called for any opponents, There bein was closed. se in cleaning re being ne the Vice Chairman this property u none, Vice C public heari Mr. Owen the Speci ade the motion to approve PZ 97-11 with a one year exten Use Permit. The m 5. PZ 97-16 PUBLIC HEARING TO CONSIDER THE REQUEST OF JOHN BARFIELD FOR REZONING FROM AG AGRICULTURE & 0-1 OFFICE TO R-2 SINGLE FAMILY RESIDENTIAL, ON ALL OF TRACTS 8B, 8B1A, & PARTS OF 8C & 8C3, S. RICHARDSON SURVEY, A-1182 (LOCATED WEST OF PRECINCT LINE ROAD ANa EAST OF THORNBRIDGE DRIVE.) APPROVED Vice Chairman Davis explained the rules governing a public hearing and then opened the public hearing. 2 Mr. Doug Long presented this request. He explained they were requesting to change this property from AG Agriculture and 0-1 Office to R-2 Single Family Residential. He explained that the average house would be 2500 square feet and would answer any questions the Commissioners may have. Vice-Chairman Davis called for any additional proponents. There being none, Vice Chairman Davis called for any opponents. Ms. Marjorie Dodd, 8125 Precinct Line Road, stated that first of all she wanted to publicly thank Greg Dickens, Public Works Director, for the tremendous amount of help she had received from him personally. Ms. Dodd explained that she is not necessarily opposed to this zoning change but feels she needs to voice some concerns. Ms. Dodd distributed copies of a letter she had mailed previously to various city staff. She stated that she has lived in North Richland Hills for 20 years. Her concerns are: the proximity of new homes to her actively used horse pasture; the run-off from this new addition on to her property; and thirdly, the proposed wooden fence. Ms. Dodd believes voicing these concerns now will avoid future conflict. Mr. Davis read a letter he had received just prior to the meeting from Mr. Damon H. Liles, opposing this zoning change. The concerns voiced in his letter were: drainage problems - the property owners to the east of this proposed development have already experienced flooding problems; the wooden privacy fence proposed (and deterioration of same), and thirdly, written assurance that existing AG residents are grandfathered from complaints of the smell and sounds of livestock, horses and dogs, which are customary on agricultural land. His letter states that "oral assurances do not work!" Vice Chairman Davis asked for any additional opponents. Mr. LaJoy stated that he was confused on the exact location of the property in question and also wanted clarification of the R-1 and R-2 zoning districts. Mr. LeBaron explained the differences in the different zoning categories and it was determined that the next public hearing will be the property in proximity to Mr. LaJoy's property. Vice Chairman Davis called for any additional opponents. There being none the public hearing was closed. ., The general consensus of the Commissioners was that this zoning fits into the master plan and stated that the drainage and fencing issues would be addressed at the time of platting. Mr. Bowen made the motion to approve PZ 97-16. 3 Mr. Owen seconded the motion and the vote was 4 - 0, 6. PU EQUEST OF JOHN B REZONING FROM 0-1 OFFICE & R-3 SINGLE FAMILY RESto SINGLE FAMILY RESIDENTIAL ON PARTS OF TRAC RIC RDSON SURVEY, A-1266. (LOCATED SOUTH DRIV D HAVING THORNHILL DRIVE ENTER IT APPROVED Vice-Chairman forward. IELD FOR TIAL TO R-2 A&9, S. HORNBERRY RTHWEST SIDE) asked the applicant to come Mr. Doug Long stated tì have. uestions the Commissioners might There being none, Vice Chai Seeing none, Vice Chairman Da IS called for any additional proponents. ailed for any opponents. Mr. Gary Gracy, 8908 Thorn ry, i traffic and the smaller lot s' sand s . doesn't think a 2500 sq foot home, way they want the nei orhood to go. posed to this request. His concerns are er square footage's. He stated he ind his 3400 square foot home, is the Mr. Long stated t feet, minimum of this zoning these homes will carry a doesn't have a problem with uest. d restriction of 2500 square . being tied into the approval leld, applicant and developer, explained start buil g homes of 1800 square feet because it is cU ntly zoned R-3. He his is an upgrade in zoning and is for this reques. e stated he has é::f an offer to purchase this property in order to build a hool on it. Mr. Id believes his request is beneficial to the surrounding ne . Jerry Duncan, 8309 Thorncrest, stated he believes there shou access into this proposed development, stating he foresees traffic p sizes direct y behind Thornbridge, where minimum lot sizes are larger. opposed to this request. 4 CITY OF NORTH R/CHLAND HILLS Department: Planning and Inspections Council Meeting Date: 05-12-97 Subject: Public Hearing to Consider the Request of John Barfield for Agenda Number: PZ 97-17 Rezoning from 0-1 Office & R-3 Single Family Residential to R-2 Single Family Residential on parts of Tracts 9 & 9A, S. Richardson Survey, A-1266. (Located south of Thornberry Dr. & having Thornhill Dr. enter its northwest side) Ordinance Number 2200 John Barfield is the agent for Jean Barfield Properties, F.L.P., J.B. & J.B. Development, F.L.P., & B.H. & L. Joint Venture of Hurst, owners of Tracts 9A & 9 (only part of 9A & 9 will be rezoned), S. Richardson Survey, A-1266. The property is currently zoned 0-1 Office & R-3 Single Family Residential. The applicant proposes to rezone the approximately 26.080 acres to R-2 Single Family Residential. The requested rezoning would allow the applicant to build a proposed 81 single family homes in the subsequent development. Property to the west is zoned R-3 Single Family Residential, 0-1 Office, & AG Agricultural. Property to the south is zoned AG Agricultural. Property to the east is zoned 0-1 Office & AG Agricultural. The property to the north is zoned R-1 Single Family Residential. The Comprehensive Land Use Plan shows this property to be used for low density residential development. During the Planning and Zoning Commission's Public Hearing of this case several neighbors, abutting the property from the north, expressed concerns over the size of the houses in the proposed development. Their concern was that the houses would be substantially smaller than the houses in their Thornbridge development, which is zoned R-1 Single Family Residential. The applicant stated a deed restriction for this R-2 Single Family development would require a 2500 square foot minimum house, thus assuring that the development would be more like the R-1 Single Family Zoning Districts around it, than a typical R-2 development. \....,.. The Planning and Zoning Commission considered this request at its April 24th, 1997 meeting and recommended approval, with the condition that all homes built be a 2500 square foot minimum in size. RECOMMENDATION: It is recommended that the City Council hold the required Public Hearing and consider the recommendation of the Planning and Zoning Commission. Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~ En~;¿reA~§~ ~ EM Ci~M&~~ CITY COUNCIL ACTION ITEM Finance Review Account Number Sufficient Funds Available ,Finance Director ORDINANCE 2200 AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH ARTICLE 2, SECTION 200, OF ZONING ORDINANCE NUMBER 1874, PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL ON MARCH 22, 1993; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has received a request for a change in zoning district boundaries; and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 and the Official Zoning Map by rezoning certain property as set forth herein; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in Case Number PZ 97-17, the following described property shall be rezoned from 0-1 Office and R-3 Single Family Residential to R-2 Single Family Residential with a 2500 square foot minimum house. Being a tract of land out of the S. Richardson Survey, Abstract No. 1266, Tarrant County, Texas and being a portion of tracts of land as described in deeds recorded in Volume 7776. Page 2076, and Volume 7785, Page 2097, Deed Records, Tarrant County, Texas and a portion of Block 1, Oakleaf Park, an addition to th~ City of North Richland Hills, Tarrant County, Texas according to plat recorded in Volume 388-56, Page 48, plat records, Tarrant County, Texas, and a portion of Oakleaf Park, 2nd Filing, an addition to the City of North Richland Hills, Tarrant County, Texas according to plat recorded in Volume 388-70, Page 52. Plat Records, Tarrant County, Texas and being described as follows: Beginning at a 1/2" iron pin found in the east line of Holder - Smithfield Estates, an addition to the City of North Richland Hills, Tarrant County, Texas according to plat recorded in volume 388-34. pace 57, plat records, Tarrant County, Texas for the northwest corner of tract being described, said point also being the southwest corner of Lot 20, Block 4, Thornbridge, Phase 1, an addition to the City of North Richland Hills, Tarrant County, Texas according to plat recorded in Cabinet A, Slide 373, Plat Records, Tarrant County, Texas; Thence south 89 degrees 53 minutes 12 seconds east 1527.65 feet along the south line of said Thornbridge, Phase I, Thornbridge, Phase Ila, an addition to the City of North Richland Hills, Tarrant County, Texas according to plat recorded in Cabinet A, Slide 578, Thornbridge, Phase III, an addition to the City of North Richland Hills, Tarrant County, Texas according to plat recorded in Cabinet A, Slide 3406, Plat Records, Tarrant County, Texas to a 1/2- iron pin found for the northeast corner of tract being described; Ordinance No. 2200 Page 1 Thence south 60 degrees 01 minutes 54 seconds west 27.53 feet to a 1/2" iron pin set for corner, said point being located in a curve to the right with a radius of 50.00 feet; Thence southwesterly along said curve to the right 109.42 feet to a 1/2" iron pin set for corner, whose chord bears 88.86 feet south 32 degrees 43 minutes 35 seconds west; Thence south 05 degrees 25 minutes 16 seconds west 51.53 feet to a 1/2" iron pin set for corner; Thence south 44 degrees 06 minutes 42 seconds west 68.43 feet to a 1/2' iron pin set for corner; Thence south 89 degrees 47 minutes 31 seconds west 153.76 feet to a 1/2- iron pin set for corner; Thence south 00 degrees 12 minutes 29 seconds east 157.45 feet to a 1/2" iron pin set for corner; Thence south 44 degrees 06 minutes 42 seconds west 129.41 feet to a 1/2' iron pin set for corner; Thence south 89 degrees 47 minutes 31 seconds west 34.59 feet to a 1/2" iron pin set for corner, said point being the beginning of a curve to the right with radius of 75.00 feet; Thence southwesterly along said curve to the right 144.17 feet to a 1/2" iron pin set for the end of said curve, whose chord bears 122.98 feet south 54 degrees 51 minutes 37 seconds west; Thence north 70 degrees 04 minutes 18 seconds west 852.08 feet to a 1/2" iron pin set for the beginning of a curve to the right with a radius of 75.00 feet; Thence northwesterly along said curve to the right 91.45 feet to a 1/2" iron pin set for the end of said curve, whose chord bears 85.89 feet north 35 degrees 08 minutes 23 seconds west; Thence north 00 degrees 12 minutes 29 seconds west 20.08 feet to a 1 /2" iron pin set for corner; Thence south 89 degrees 47 minutes 31 seconds west 180.27 feet to a 1/2" iron pin set for the southeast corner of lot 12, said Holder - Smithfield Estates for the southwest corner of tract being described; Thence north 02 degrees 48 minutes 21 seconds east 569.74 feet along the east line of said Holder - Smithfield Estates to the point of beginning and containing 26,080 acres of land, more or less. Ordinance No, 2200 Page 2 ---,--~------------_._-'~--~'~'~_.-,.,---- 2. That the Official Zoning Map be redrawn to incorporate this zoning district boundary amendment and the herein described ordinance number be affixed to the property described herein. 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 24th DAY OF April 1997. ~¿ ~h' ./J' -",' ,-?~~Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 12TH DAY OF May 1997. Mayor City of North Richland Hills, Texas City Secretary Ordinance No, 2200 Page 3 ATTEST: City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No. 2200 Page 4 Please pl'int all responses CITY Of' NORTH RICHLAND HILlS 7301 NE, LOOP 8:20 NORTH RICH LAND HILlS. TEXAS 711180 517-5a1-5615 ,APPLICATION FOR A ZONING DISTRICT CHANGE PART 1. APPLICANT INFORMATION' NAME OF ÄPPUCANT I AGENT: ß . ~ . Er L. 0 I N. T JOHN' W.· BAQt= \E.LD STREET ADDRESS OF APPUCANT: r'1CQ \-\Þ>.~\NOOD 12öt\D VEI\JTl.IR,E T l..l.S I E. E CITY ISTATE IZlP OF ÄPPUCANT: . \-\L4~"5ì' \E:.)(ÄS 1LoOS4- pART 2. PROPERTY OWNER INFORMATION NAME OF PROPERTY OWNER. B.~... ~ L. -.,j OIN T Ve NT~ 1Z.E .JDH~ W, ßARF\ELD Tt2.L1.sTS~ STREET ADDRESS OF PROPERTY OWNER: '?Òô> W AR'NDòD \<o~Þ TELEPHONE MJM8£R OF ÄPPUCANT: (eNl) f8\-S>.oOO CITY ISTATE IZlP OF PROPERTY OWNER: lJi<,S T T E~ As ItDo64 LEGAL DESCRIPTION OF PROPERTY WHERE ZONING DISTRICT CHANGE IS BEING REOOESTED: f> A 2 T ~ F' T ¡;?.A C. I S 9 Â & 9 s. \2. \.c:::.\-\A RPSðN f;l.1JZ.\!E"f A ßS7. l~~ STREET ADDRESS AT lOCATION WHERE ZONING DISTRICT CHANGE IS BEING REOUESTED: "2- . F REQUEST_ ClRRENT ZONING: R,,;-a-:-'ð-'-'-O-I PROPOSED ZONIN~. . ~~2~ PROPOSED USE OF PROPERT Y. SI~LE FAMILY ~ES\O E.~l' U~.L HJ.:"A$ON FOR CHANGE: To 5\t-..l~LE. D E\J E La.p FA",,! LY '?RD?f.~TY IN ~ES\'O E:~T \AL \D A AREA SU,lIÆY OR MAP ATTACHED AS REOOIRED BY THIS FORM ATTACH AFFIOA VlT FROM PROPERTY OWNER IF APPUCANT IS NOT OWNER: ~ YES c:::J NO [=:J YES [=:J NO PART 4. OFFICE USE ONLY I ;lereby certify that the above information is correct to the best of my' DATE: ..?~ ~ 0...j,7 Your Name (printed) P & Z PUBUC HEARING DA TE: '1- zL.l~ï TAXES flAJD7 .. d3-"YES DNO CASE NUMBER. rè - /7 CITY COUNCIL HEAŠ:D~E.~ ~ 7 ZONING DISTRICT CHANGE APROVED: c::J YES CJ NO ORO, NO. UENSPAlD7 C]l.-rES DNO Æ£ $300.00 ASSESSMENTS PAID7 c:¡.Æ DNO TI... apøIocaaon ..... nee De c:ncued '01 puDic: '-ring unl. .,. ÇIC_on ,.. IS r«:ai t;Qd. S1IPULATIONS: ZONING DISTRICT CHANGE Page 1 01 2 CD-044 (I-!M) ( ~,iTCII U.v/: - sn; I'm: UL I AG ,," ",,~ ..., AG ......···..·....R·;;3..·......... . .. " :: :J /1-," ............'.¡ '" // i " IQ ;:1 t- 2- i }~ ........._-0( u o.:---.....!............ ~f ,":'J : II j .~1.'\~' ~ ~~ ¡ j4 f":"f\;',,:"¡ "':'l..... ~ ....-....-1-......-. .. '"11 'B I" ct: a j Jj _....:, c.., R..;1.,";;o 1·...····...·· ";;0 ····-1621'""'... 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',':" ., ~~.~c.. f"\ \)~(~..\J'~ ~ÿ{i"" ....... \¡... flit IIC ,. . ..........-..-.-.................-.-...--...------. i Ó-1 A R.£~ 1tð2~E RE1LJ\JEÞ \ ....-.--.., ...................- ................-....--......-... ,- loe AG ......-.........----...-....-.-.--.-.......-......-.....--.......................-.--- fA 110 I 1'--- I i i I 1 ,. 1\·1& ! ¡ i I i i i i I I I ,. 11 AG AG , // /--. n ~/ \ '~\)_~' ~ - \ II 11 ',/ , 10 . ;/."",10 /"- 1 \/ 11 'V ~."\..../ " / ......~ .4.. 1 / " i ~ /~ .'"",-\. i /.. ,.",\~~~' .-;~~: ~~\ ~';:. ',<~ ...... .\?' .':;'=': .......-. " //I,\~' ,.:'.:\'" /.., . \ ~,{:~ ";~'.' .-.--. .....- /' ,,_':....:''''IJ / I~ 1 , . Il" ,/ ..~ ...J'''''''"'t- ,..- Half A R 0 1 16 . , :.._....... ..; 10 ·.....;~I ---...+........... 1"'.-........ : ~....;....~.....I.~.... .--..:1;...;;..... ............l·····:·~···· --...\..-;;-... IsI I.t I . " ·.....-.......--.-....-...·....·-..·..·..··.......1 f. 1'" 'If .4 fA I~"l 'J 11 '" 1)....0 10 '-.........-.--.........¡ I \ i '" I~..t r~..;':·~ì I \ II ·.....B.. . {,' {(V,' ,. I~ r. I)f: ( ¡¡HCII LlNf - S!:f. PACf 04 Ma rch 22, 1993 ZONING MAP Page ~- ...-..-..-. - 6. PZ 97-17 PUBLIC HEARING TO CONSIDER THE REQUEST OF JOHN BARFIELD FOR REZONING FROM 0-1 OFFICE & R-3 SINGLE FAMILY RESIDENTIAL TO R-2 SINGLE FAMILY RESIDENTIAL ON PARTS OF TRACTS 9A & 9, S. RICHARDSON SURVEY, A-1266. (LOCATED SOUTH OF THORNBERRY DRIVE AND HAVING THORNHILL DRIVE ENTER ITS NORTHWEST SIDE) APPROVED Vice-Chairman Davis opened the public hearing and asked the applicant to come forward. Mr. Doug Long stated he would answ.er any questions the Commissioners might have. There being none, Vice Chairman Davis called for any additional proponents. Seeing none, Vice Chairman Davis called for any opponents. Mr. Gary Gracy, 8908 Thornberry, is opposed to this request. His concerns are traffic and the smaller lot sizes and smaller square footage's. He stated he doesn't think a 2500 square foot home, behind his 3400 square foot home, is the way they want the neighborhood to go. Mr. Long stated that these homes will carry a deed restriction of 2500 square feet, minimum and doesn't have a problem with this being tied into the approval of this zoning request. Mr. John Barfield, applicant and developer, explained that right now he could start building homes of 1800 square feet because it is currently zoned R-3. He believes this is an upgrade in zoning and is for this request. He stated he has also had an offer to purchase this property in order to build a school on it. Mr. Barfield believes his request is beneficial to the surrounding neighbors. Mr. Jerry Duncan, 8309 Thorncrest, stated he believes there should be additional access into this proposed development, stating he foresees traffic problems. Mr. James King, 8904 Thornberry stated he is concerned with the smaller lot sizes directly behind Thornbridge, where minimum lot sizes are larger. He is opposed to this request. 4 Ms. Leslie Gracy, 8908 Thornberry, was opposed to this request. Mr. LaJoy asked for clarification on the location of the zoning change request and was given exact references of this property in relationship to his property. Vice Chairman Davis called for additional opponents. There being none, the public hearing was closed. Mr. Bowen made the motion to approve PZ 97-17 with a 2500 square foot minimum on the houses. Mr. Lueck seconded the motion and it carried 4 - O. 7. STAFF REPORT There was nothing to report. 8. CITIZEN COMMENTS There were none. 9. ADJOURNMENT There being no further business to conduct the meeting adjourned at 8:25 p.m. ~~, ~2~-;/C7~ Chairman David Barfield Secretary, Charles Owen 5 '" / Department: CITY OF NORTH RICHLAND HILLS Planning & Inspections May 12,1997 ~ Council Meeting Date: Consider Amending the City's Electrical Code A d N b GN 97-39 gen a urn er: to Adopt the 1996 EdItIon ot the NatIonal E::lecrrlc Code. Ordinance Number 2198 " Subject: Attached is an ordinance amending the City's current electrical code. The current adopted electrical code is the 1993 Edition of the National Electrical Code. The primary objective of the ordinance is the adoption of the 1996 Edition of the National Electrical Code(NEC). Concurrent with the adoption of the latest edition of the NEC, there is also introduced some administrative changes that are summarized in detail on attachments. In following with the recommendation of the Regional Codes Coordinating Committee (RCCC) of North Central Texas Council of Governments(NCTCOG), the amendments proposed to the NEC are consistent with the recommendations of RCCC. In light of that, one item to point out is that those recommendations do include the acceptance of aluminum conductors. Currently, the City only permits aluminum or aluminum clad conductors in services to the meter base. Some municipalities have previously permitted aluminum or aluminum clad conductors as feeders or primarily larger conductors. Other municipalities have simply prohibited the use of any aluminum or aluminum clad conductors. This is the first time in about twenty years that the use of aluminum or aluminum clad conductors is being considered by municipalities. Not all of the cities in the area have adopted the 1996 National Electric Code, but Arlington, Fort Worth and Watauga have already done so. While \-. aluminum wiring is permitted by the new code, it is not the same aluminum alloy used twenty years ago that gave aluminum the bad reputation as an electrical conductor. RECOMMENDATION: It is recommended that the City Council adopt Ordinance Number 2198. Source of Funds: Bonds (GO/Rev.) Operating Budget Other 13 Finance Review Acct. Number Sufficient Funds Available ent Head Signature CITY COUNCIL ACTION ITEM . Finance Cuccto' M anager 0""'....1"'\ .. _, SUMMARY OF PROPOSED CHANGES TO THE CITY'S ELECTRICAL Code Section 1: Adopts the 1996 Edition of the National Electrical Code and the Uniform Administrative Code Provisions for the National Electrical Code, 1996 Edition. The NEC is a National Fire Protection Association technical document and contains no administrative provisions. The administrative Code is promulgated by the International Conference of Building Officials(ICBO), International Association of Plumbing and Mechanicallnspectors(IAIE), Pacific Coast Electrical Association(PCEA), and the National Electrical Manufacturers Association (NEMA) organizations and are tailored to Code enforcement under the Uniform Code system specifically geared to electrical Code enforcement. Section 2: Deletes a number of items that are covered by the Uniform Administrative Code Provisions for the National Electrical Code, 1996 Edition. The section remaining is a local requirement. Section 3: The provisions being deleted are administrative provisions covered by the Uniform Administrative Code Provisions for the National Electrical Code, 1996 Edition. Section 4: The provisions being deleted are administrative provisions covered by the Uniform Administrative Code Provisions for the National Electrical Code, 1996 Edition. The conflict of interest clause is not a provision of the administrative Code. Section 5: The provisions being deleted are administrative provisions covered by the Uniform Administrative Code Provisions for the National Electrical Code, 1996 Edition. Section 6: The provisions being deleted are administrative provisions covered by the Uniform Administrative Code Provisions for the National Electrical Code, 1996 Edition. Section 7: This section has been expanded to include some clarification of items(original insurance certificate, only master one shop, affidavit of responsibility) previously administratively enforced. Section 8: This section(insurance requirements) is included in Section 7. Section 9: Requiring electrical contractors to place their registration numbers on their trucks is deleted. Each city in the metroplex issues an electrical contractor some type of registration number. For contractors 'Nho \VOrk in quite a number of cities, they would have to have a great quantity of numbers on their truck. Section 10: The licensing requirements are being amended to clarify language consistent with the regional licensing, reciprocity and testing procedures, Section 11: Provides for amendments to the 1996 Edition of the National Electrical Code per the NTCOG RCCC recommendations. Section 12: Provides for amendments to the Uniform Administrative Code Provisions for the National Electrical Code, 1996 Edition so that the existing fee schedules and appeals process remain unchanged. Section 13: Provides an effective date some time later than the date of passage to enable notification of contractors and the public. ORDINANCE NO. 2198 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ORDINANCE #1781, ELECTRICAL CODE OF THE CITY OF NORTH RICHLAND HILLS BY PROVIDING FOR ADOPTION OF THE 1996 NATIONAL ELECTRICAL CODE; PROVIDING FOR ADOPTION OF THE UNIFORM ADMINISTRATIVE CODES FOR THE 1996 NATIONAL ELECTRICAL CODE; PROVIDING FOR CONFLICT OF INTEREST CLAUSE; PROVIDING FOR AMENDED CONTRACTOR REGISTRATION REQUIREMENTS; PROVIDING FOR AMENDED ELECTRICIAN LICENSING REQUIREMENTS; PROVIDING FOR AMENDMENTS TO THE 1996 NATIONAL ELECTRIC CODE; PROVIDING FOR AMENDMENTS TO THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRIC CODE, 1996 EDITION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That Ordinance #1781 of the City of North Richland Hills, Texas, be, and the same is hereby, amended by amending Section 3 to provide as follows, to-wit: "Section 3. 1996 Edition of the National Electric Code and the Uniform Administrative Code Provisions for the National Electric Code, 1996 Edition adopted. 1, The National Electric Code, 1996 Edition, published by the National Fire Protection Association and referred to as "NEC", as amended herein by provisions contained in this article, is hereby adopted as the Electrical Code for the City of North Richland Hills, Texas, incorporated herein by reference and a copy shall be filed in the office of the City Secretary. 2. The Uniform Administraüve Code Provisions for the National Electric Code, 1996 Edition, published by the International Conference of Building Officials, as amended herein by provisions contained in this article, is hereby adopted as the Administrative Provisions for the Electrical Code of the City of North Richland Hills, Texas, incorporated herein by reference and a copy shall be filed in the office of the City Secretary." SECTION 2. That Ordinances #1781 of the City of North Richland Hills, Texas, be, and the same is hereby, amended by amending Section 7 to provide as follows, to-wit: "Section 7, Termination of Services to Vacant Buildings. The electricity supply agency shall disconnect the electrical service to any building or premises, except private residences, duplexes and apartments, each time such building or premises changes ownership, is leased, or changes occupants, and it shall not again supply electricity to such building or premises until authorized to do so by the Chief Electrical Inspector. The owners, tenants or new occupants of such buildings or premises shall make application to the Chief Electrical Inspector for an inspection, The Chief Electrical Inspector shall make a temporary power inspection within forty -eight hours of filing such application exclusive of Saturdays, Sundays and Holidays, or as soon thereafter as practicable." SECTION 3. That Ordinances #1781 of the City of North Richland Hills, Texas, be, and the same is hereby, amended by deleting Section 8 and Section 9 in their entirety. SECTION 4. That Ordinance #1781 of the City of North Richland Hills, Texas, be, and the same is hereby, amended by amending Section 10 to provide as follows, to-wit: "Section 10. Conflict of interest prohibited. It shall be unlawful for the building official, chief electrical inspector or any electrical inspector, while employed by the City, to engage in the business of the sale, installation, repair, or the maintenance of electrical equipment, either directly or indirectly, or to have any financial interest in any concern engaged in such business in the city." SECTION 5. That Ordinance #1781 of the City of North Richland Hills, Texas, be, and the same is hereby, amended by deleting Section 11 through Section 14 in their entirety, SECTION 6. That the Ordinance #1781 of the City of North Richland Hills, Texas, be, and the same is hereby, amended by deleting Section 17 in its entirety. SECTION 7. That Ordinance #1781 of the City of North Richland Hills, Texas, be, and the same is hereby, amended by amending Section 18 to provide as follows, to-wit: "Section 18. Contractor Registration. 1. As a prerequisite to obtaining electrical permits, any person, firm or business operating under the provisions of this code within the city shall register as an electrical contractor and pay an annual fee of seventy-five ($75.00) which shall be valid for one (1) year from the date of issuance. The registration fee is not refundable in cases of revocation or surrender of a contractor registration, 2. Each contractor shall maintain this registration with the city until the completion of work being performed under such permit. Each contractor applying for registration as an electrical contractor shall complete and sign a contractor registration form as provided by the city. 3. Each application for registration as an electrical contractor shall be accompanied by a affidavit signed by a master electrician, properly licensed by the City, stating that he is either the owner and/or full time employee of such business and that he is authorized to supervise either directly or indirectly the work and that he is authorized to order the correction of any and all code deficiencies in work pursuant to any permits issued to the electrical contractor. The statement shall further establish that the qualifying master is qualifying no other electrical contractor within the city. 4. Each application for registration as an electrical contractor shall be accompanied by an original Certificate of Insurance, issued to the City as Certificate Holder providing a ten (10) day notification period of insurance lapse or cancellation, in the amount of not less than three hundred thousand dollars ($300,000.00) per occurrence for bodily injury, including death, and not less than one hundred thousand dollars ($100,000,00) per occurrence for property damage, 5. Renewal of this registration shall be the same as the original application. 6. In the event that the qualifying master electrician leaves the employee of any electrical contractor, the registrant must notify the Building Official within ten (10) days of such loss stating the date of the loss and the name of any temporary supervising master electrician. The electrical contractor must provide a new permanent qualifying master electrician submitting the affidavit described in paragraph 3 within sixty (60) days of the date of the loss of the qualifying master of record; or, the electrical contractor shall surrender its electrical contractors license, During the sixty (60) day interim period, any properly licensed master electrician may temporarily serve as the qualifying master by submitting the affidavit described in paragraph 3, even if that master electrical is currently qualifying another electrical contractor, 7. An electrical contractor's registration may be revoked for violating any part of this code or violation of other city ordinances or for any other acts deemed a detriment to the city or citizens. Contractors vvho feel aggrieved by the action shall have the right to appeal to the Building Board of Appeals in accordance with Section 5-12 of the Code of Ordinances. SECTION 8. That Ordinance #1781 of the City of North Richland Hills, Texas, be, and the same is hereby, amended by deleting Section 19 in its entirety. SECTION 9. That Ordinance #1871 of the City of North Richland Hills, Texas, be, and the same is hereby, amended by deleting Section 20-10 in its entirety. SECTION 10. That Ordinance #1871 of the City of North Richland Hills, Texas, be, and the same is hereby, amended by amending Section 21 to read as follows, to wit: "Section 21. Minimum license qualification criteria. 1, To be qualified to obtain a master electrical license, an applicant must hold a master electrician's license from another city with vvhich a reciprocal agreement exists; or, hold a master electricians license from an approved testing agency and provide proof of one of the following criterion:" A. ... The remainder of this section is unchanged. B. ... This section is deleted. "2. To be qualified to obtain a joumeyman electrical license, an applicant must hold a joumeyman electrician's license from another city with vvhich a reciprocal agreement exists; or, hold a journeyman electricians license from an approved testing agency and provide proof of one of the following criterion:" A. ... The remainder of this section is unchanged. B, ... The remainder of this section is unchanged. "3, To be qualified to obtain a master sign electrical license, an applicant must hold a master sign electrician's license from another city with which a reciprocal agreement exists; or, hold a master sign electricians license from an approved testing agency and provide proof of one of the following criterion:" A. ... The remainder of this section is unchanged. B. ... The remainder of this section is unchanged. "4. To be qualified to obtain a journeyman sign electrical license, an applicant must hold a journeyman sign electrician's license from another city with which a reciprocal agreement exists; or, hold a journeyman sign electricians license from an approved testing agency and provide proof of one of the following criterion:" A. ... The remainder of this section is unchanged. B. ... The remainder of this section is unchanged. "5. To be qualified to obtain a residential wireman electrical license, an applicant must hold a residential wireman electrician's license from another city with which a reciprocal agreement exists; or, hold a license from an approved testing agency and provide proof of at least two (2) years experience in the wiring and installation of electrical equipment in one and two family dwellings. 6. To be qualified to obtain a maintenance electrical license, an applicant must hold a maintenance electrician's license from another city with which a reciprocal agreement exists; or, hold a maintenance electricians license from an approved testing agency and provide proof of one of the following criterion:" A. ... The remainder of this section is unchanged. B. ... The remainder of this section is unchanged. SECTION 11. That Ordinance #1781 of the City of North Richland Hills, Texas, be, and the same is hereby, amended by amending Section 28 to provide as follows, to-wit: "Section 28. Amendments to the 1996 Edition of the National Electric Code, The 1996 Edition of the National Electric Code is hereby amended to read as follows: (a) ·Article 230-2 (a) is amended by adding Exception NO.8 to read as follows: "Exception No 8: In supplying electrical service to multifamily dwellings, two or more laterals or overhead service drops shall be permitted to a building when all of the following conditions are met: a. The building height is limited to three stories. b. The building has six or more individual gang meters and all meters are grouped at the same location. c. Each lateral or overhead service drop originates from the same point of service. JJ (b) Article 230-71 (a) is amended by renumbering the existing Exception NO.1 to No. 2 and adding Exception NO.1 to read as follows: "Exception No 1. Multi-occupant Buildings, Individual service disconnecting means is limited to six for each occupant, The number of individual disconnects at one location may exceed six. JJ (c) Article 250,8 is amended by adding a last sentence ahead of the (FPN) to read as follows: "Where a metal underground water pipe, as described in item (a) is not present, a method of grounding as specified in (b) through (d) below shall be used," (d) Article 300-11 is amended in its entirety as follows: "300-11. Securing and Supporting. (a) Secured in Place. Raceways, cable assemblies, boxes, cabinets, and fittings shall be securely fastened in place. Support wires that do not provide secure support shall not be permitted as the sole support. Branch-circuit wiring associated with equipment that is located within, supported by, or secured to a fire-rated floor or roof/ceiling assembly shall not be secured to the ceiling support wires. Branch-circuit with associated with equipment that is located within, supported by, or secured to non-fire-rated floor or rooflceiling assembly shall be permitted to be supported by the ceiling support wires. Exception: as permitted elsewhere in this Code. (b) Raceways Used as Means of Support. Raceways shall not be used as a means of support for other raceways, cables, or nonelectric equipment. Exception No, 1: Where the raceways or means of support are identified for the purpose, (FPN): See Article 318 for cable trays. Exception No, 2: Raceways containing power supply conductors for electrically controlled equipment shall be permitted to support Class 2 circuit conductors or cables that are solely for the purpose of connection to the equipment control circuits, Exception NO.3: As permitted in Section 370-23 for boxes or conduit bodies or Section 410-16(f) for fixtures. JI (e) Note #3 of Notes to Ampacity Table of 0 to 2000 volts for Tables 310-16 through 310-19, Allowable Ampacity Tables, is amended by adding a last sentence to read as follows: "This Note to Tables 310-16 through 310-19 shall not be used in conjunction with Section 220-30," (f) Article 336-5(a) (1), Exception, is amended to read as follows: "Exception No 1: An additional level shalf be permitted where the renovation of attic, vehicle parking, or storage space creates a habitable floor level in an existing one- family dwelling. Exception No 2: An additional level shall be permitted in dwellings where the entire structure is protected throughout by an approved automatic sprinkler system, JI SECTION 12. That Ordinance #1781 of the City of North Richland Hills, Texas, be, and the same is hereby, amended by adding Section 31 to provide as follows, to-wit: "Sec. 31. Amendments to the Uniform Administrative Code Provisions for the National Electric Code, 1996 Edition. (a) Section 203, BOARD OF APPEALS, be deleted in its entirety, (b) Section 304, FEES, is deleted in its entirety, (c) Section 305.5, Reinspections, be amended by amending paragraph number four to read as follows: "To obtain a reinspection, the applicant shall file a request as required in this section. Prior to such inspection, the building official may asses a reinspection fee in the amount of thirty ($30.00) dollars, Reinspection fees may be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring approval of the building official." SECTION 13. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said Ordinance or the Code of Ordinances, which shall remain in full force and effect. SECTION 14. That any person, firm or corporation violating any of the provisions of this ordinance or of the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of North Richland Hills, Texas, shall be subject to a fine not to exceed the sum of Two Hundred ($200,00) Dollars for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 12. This ordinance shall take effect on June 15, 1997, after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of North Richland Hills, Texas, on the day of , 1997. APPROVED: MAYOR ATTEST CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY CITY OF NORTH RICHLAND HILLS t Department: Administration Council Meeting Date: 5/12/97 GN 97-42 Subject: Transitional Housing for the Indigent - Ordinance 2201 Agenda Number: Elna Vanderberg, Executive Director of Open Arms Home, Inc., has requested a renewal of City property tax exemptions for three properties in North Richland Hills used for transitional housing for homeless families. The City has granted this exemption for the past two years. The three properties in North Richland Hills which are requested for renewal are: Location Taxable Value Taxes 1. 7705 Buck St. Hewitt Estates, Block 2, Lot 2 $57,800 $329 2. 5010 Maryanna Way Richland Terrace, Block 42B2, Lot 78 $45,300 $239 3. 6833 Driffield Circle West Windsor Park Addition, Block 1, Lot 22 $66,900 iill. TOTAL $949 Recommendation: Staff recommends City Council approve Ordinance 2201. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget _ Other _ ~ ~~naturO / CITY COUNCIL ACTION ITEM Finance DIreClo, Page 1 of ORDINANCE NO. 2201 WHEREAS, the below described real property owned by the United States is leased by Open Arms Home, Inc. for indigent housing; and WHEREAS, said Open Arms Home, Inc. (a non-profit 501 C3 corporation) has made application for City ad valorem tax exemption under Section 11.111 of the Tax Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The below listed properties are hereby exempt from City ad valorem tax for the year 1997. 2. 1. 7705 Buck Street, North Richland Hills 2. 5010 Maryanna Way, North Richland Hills 3. 6833 Driffield Circle West, North Richland Hills Pass and approved this 12th day of May, 1997. APPROVED: Tommy Brown - Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire - Attorney for the City ~~ May 6, 1997 Larry Cunningham City of North Richland H.ílls NE Loop 820 North Richland !Ells, Texas 76180 ,- EXECUTIVE BOARD Prssìdønl w. G. (Bi U) Soutt1em CLU, CnFC Memb6rs Jim Anders:m Pam 8ell Wln""n 6e11, M.A, 8iU Cooper, a.SA Cln<ly Cooper. 8.SA BUI evans. B.SAE. MoIv~ EvQt\ Wanda Franklin. M.B.A. Gary Hod(ensmith Melody Kot1out wnda McNeely 'erry McNeely. SA. ..Iiubeth NsllIQlI Michael NeleQn Revis Piemmoni$ Jean $çnwlnn Wnde Soutt1em Bobby Taylor. BA $~ Vrana ADVISORY 60ARD "Ma Brock, MA Mayor Tommy Brown Sandy Rogers Or- Billy GWiam Er~ir"lð Graham The Hancuable Kay Gr4n\lor AM. H.II Dwayne Hoover 0" Roy Martin Senalor Mike Iw1cncrlet Dolonoa ><. Sutter, M.f<l. LPC, LMFT. LCDC Dolores Weoo CtIar1el ValeS, LMSW EXECUTIVE DIRECTOR: flna V8ndert.er~. M.OIV mc. ...oc, '::'AC. lCADC p.e1 RE: Request for Tax Abatement for HUD homes leased by Open Anns Home, Inc. Dear Larry: Open Anns Home would like to request, once agai~ BI1 abatement of 1997 property taxes for the THREE !IUD homes we lease through their Homeless Provider Program. The following properties involved are: 6833 Driffield Circle W. 5010 Maryanna Way 7705 Buck Street North Richland Hills North RicbJand Hills North Richland Hills This wiil be the last year Open Arms Home will be making this request. At the end of 1997, an homes will be returned to Hù'D or purchase by Open Arms Home to continued use to serve abused women and children. Vie are thankful that the City of North Richland Hills has been so diligent and happy to provide Open Arms Home with rebates. You are reaping the benefits of your generosity by having responsible and self supporting fanùles within the COnunUIÚty of North Richland Hills. As you mayor may not know, several of our graduated clients have bought homes or are leasing within your city. Thank you again. We are proud of our long lasting relationship with the city and pray for continued partnerib:ip. I look forward to seeing you on May 12111. Elna Vanderb«g Executive Director enc P.O,Box82t731 . 6250N.E.Loop820 · Fort WOl"(h. Texa.s 761BO . (817)281-1204 · 1;'-x(817)281-1879 · E.Mail;opcnarm@$tartat.n« CITY OF NORTH RICHLAND HILLS i \..- Department: Administration Council Meeting Date: Subject: Transitional Housing for the Indigent - Ordinance 2202 Agenda Number: 5/12/97 GN 97-43 Kathleen Duncan, Operations Director of the Community Enrichment Center, has requested a City property tax exemption for two properties in North Richland Hills used for transitional housing for homeless families. The City has granted this exemption for the past two years. The two properties in North Richland Hills which are requested are: Location Taxable Value Taxes 1. 6829 Ridgetop Road Foster Village Addition, Block 5, Lot 10 $77,800 $443 2. 7101 Harwick Lane North Park Estates, Block 11, Lot 24 $50,200 ..i2ß.Q TOTAL ~729 Recommendation: Staff recommends City Council approve Ordinance 2202. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget _ Other ~~m~re 'p CITY COUNCIL ACTION ITEM Fln""QII Director Page 1 of ORDINANCE NO. 2202 WHEREAS, the below described real property owned by the United States is leased by the Community Enrichment Center for indigent housing; and WHEREAS, said Community Enrichment Center (a non-profit 501 C3 corporation) has made application for City ad valorem tax exemption under Section 11.111 of the Tax Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The below listed properties are hereby exempt from City ad valorem tax for the year 1997. 2. 1. 6829 Ridgetop Road, North Richland Hills 2. 7101 Harwick Lane, North Richland Hills Pass and approved this 12th day of May, 1997. APPROVED: Tommy Brown - Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire - Attorney for the City MAY-06-1997 11:50 .. Community' Enrichme[\L ~ BOARD OF OTRF.CTORS John Grigson - Chairman TOlIuny Brown J uJic CL~¡¡On Sosa" Clllbom Jack Corcoran rn:d FalllkAer Grant Fea.;;el O:J.vid Hart Angie Jctrrir;:s Gwen M¡lne Bnld Pillnltr aill Pullèn I..u.'CC StUpp R¡¡th !)mith Stephan Smyth John 5Ilydtr AD~tin Taylor Rick Wc<~cl Rick Work EXECL ,TVF: m RF..cTOR.) R~ndy Clir:mn ()2~Q N.E. Loup 820 Fort Worth. Tcxll.li i6J8Q (817) 2Kl-1164 Fi*\X (RI7)281-1!S19 cml:'1UN! TY ENR I CHt"iENT CNTR 817 281 1879 P.02 May 6. 1997 ~fs_ l'vfargaret Ann R4eous Budget Analyst City of North Richland Hills P. O. Box 820609 North Riehland Hills, IX 76182-0609 Dear Margaret: In order to clarify previous correspondence regarding tax abatements on properties teased by Community Enrichment Center, Inc., to house homeless fanúlies, please be advised that we are asking the City to abate taxes for 1997 for the following properties: 7101 Ðuwick Lane, North Richland Hills 6829 Ridge Top, North Richland Hills These are the only North RicWand Hills properties under lease from HUD as of January 1, 1997, We respectfully ask for ad valorem tax abatement under the provisions of Sec_ 11.111, Texas Tax Code, which allows the governing body of a taxing unit, by ordinance or order, to exempt taxes on residential property owned by the United States Department of HUD and used to provide transitional housing for the indigent under a program directed by HUD. Please let me know if you need additional information regarding this tax aba.tement. Thank you for your courtesies in this connection, Sincerely" J{~ Kathleen DUllean Operations Director TOTAL P.02 CITY OF NORTH RICHLAND HILLS "---- Department: Administration Council Meeting Date: 5/12/97 Subject: Retiring Council Agenda Number: GN 97-49 It has been suggested that we give special recognition to Linda Sansoucie and Mark Wood. Linda served ten years on the Council. Mark served 9 years on Planning and Zoning and 6 years as a Council Member. One suggestion is a lifetime pass for two to Iron Horse. This would be non- transferrable or usable by any other person. It is also presented for consideration that this apply to any retiring Council Member who completes ten years with the City. This would be for those serving since construction of Iron Horse. Recommendation: It is recommended that the City Council give consideration to the above mentioned recognition. '--.. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ )ther Acct. Number Sufficient Funds Available Department Head Signature CITY COUNCIL ACTION "EM FIMnCl Director " Page 1 of CITY OF NORTH RICHLAND HILLS Department: Public Works Repeal Ordinance No. 1680 and Rename Subject: I ewi5 Drive tn Dic.k I ewi5 Drive - Ordinance No. 2204 Council Meeting Date: 5/12/97 Agenda Number: GN 97-50 The CIP Committee has recommended the public street from Holiday Lane to Rufe Snow Drive, previously known as Dick Lewis Drive and Lewis Drive, be renamed all Dick Lewis Drive. Ordinance No. 2204 will do this and eliminate a previous ordinance which renamed Noreast Drive to Dick Lewis Drive throughout the City and not just on the segment of Noreast Drive that existed behind Richland High School. Recommendation: It is recommended Council approve Ordinance No. 2204. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budge Ot r Acct. Number Sufficient Funds A Finance Director Ignature CITY COUNCIL ACTION ITEM Page 1 of ORDINANCE NO. 2044 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, REPEALING ORDINANCE NO. 1680; CHANGING THE NAME OF DICK LEWIS DRIVE AND LEWIS DRIVE FROM HOLIDAY LANE TO RUFE SNOW DRIVE TO DICK LEWIS DRIVE. BE IT ORDAINED by the City Council of the City of North Richland Hills, Texas, that: 1. That section of public street in North Richland Hills from Holiday Lane to Rufe Snow Drive previously know as Dick Lewis Drive and Lewis Drive will be renamed. I 2. Such public street shall hereafter be known as Dick Lewis Drive. PASSED AND APPROVED this 12th day of May, 1997, APPROVED: Tommy Brown, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City CITY OF NORTH RICHLAND HILLS Subject: Green Valley Community Park and Soccer Complex Turf Improvement Program Agenda Number: . 5/12/97 GN 97-51 Department: Parks and Recreation Department Council Meeting Date: The Green Valley Community Park and Soccer Complex was completed in the Fall of 1995. In the original contract, in order to save on construction costs, the site was drill seeded with common bermuda grass seed. Shortly after sprouting, the new grass suffered damage from several freezes. Efforts were made to revive the grass by fertilizing and overseeding the fields with additional common bermuda seed the following spring and summer. During the last two soccer seasons, the bermuda grass has endured extremely high usage by the two soccer associations using the facility. This has left a poor playing surface and has created difficulties in establishing a healthy turf on the fields between seasons (June to August). The Parks and Recreation Department proposes a longer term solution for the fields by installing hybrid Tif 419 bermuda sod. This hybrid bermuda performs better in high volume traffic. Other cities have installed this hybrid bermuda in their athletic facilities with excellent results. Funding is available to install the Tif 419 bermuda sod on the full size and "under 10" age group fields located on the north end of the park. The "under 8" and "under 6" age group fields on the '- south end of the park do not receive the high intensity play that accompany the larger sized fields. These fields will be overseeded with common bermuda this summer and high wear areas, such as the goal areas, will be sodded with the Tif 419 bermuda. This solution will also provide a higher level of field quality and service to the soccer groups. The cost of this turf improvement program is estimated at $48,000. Funding for a portion of the project is available from the soccer complex maintenance fees paid by the soccer associations, in the amount of $13,597. The remainder of the funding is available from leftover and anticipated balances in the Supplemental Funds account and the Mid-Cities Landscape account. RECOMMENDATION: It is recommended that City Council approve funding the Green Valley Park Turf Improvement Program. Source of Funds: Bonds (GO/Rev.) Operating Budget _ / Other -j~ ~O'~ Department Head Signature CITY COUNCIL ACTION "EM Supplemental Funds 09-92-45-6000 - $22,000 Finance Review Soccer Field Maint. 09-75-02-3130 - $13,597 A t N b Mid-Cities Landscape09-92-46-6000-$12,403 cc. urn er Sufficient Funds Available rJPv Finance Directot Page 1 of / CITY OF NORTH RICHLAND HILLS Department: Finance / Parks and Recreation Council Meeting Date: 5/12/97 Subject: Renewal of NRH;¡O Liability Insurance Contract Agenda Number: PH 97-1..1 Staff has requested and received a renewal quote for the commercial general liability insurance for NRH20. American Speciality Insurance, Inc. responded with a quote that will cover the maximum per occurrence liability cap of $300,000 under the Texas Tort Claim Act. The premium quoted by American Speciality Insurance has again been pro-rated to reflect those conditions. The cost of the policy is $36,672 for the total package which includes the insurance premium, loss prevention services and claim administration fees. American Speciality Insurance will conduct on-site audits to examine the physical aspects of NRH20 and to certify the slides are in operating condition for certification by the Texas Department of Insurance. Based on the price quote and the service we received from American Speciality Insurance in the prior year, staff recommends acquiring this coverage for the 1997 operating season. Recommendation: It is recommended City Council approve the renewal of the commercial general liability insurance contract with American Speciality Insurance, Inc. and authorize staff to execute the contract. Source of Funds: Bonds (GO/Rev.) Operating Budget _ k 0 er Finance Review Acct. Number 21-01-01-4500 Sufficient Funds Available nature CITY COUNCIL ACTION "EM Finance DnClOl Page 1 of May-05-97 12:44P NRH20 817 6566530 ~Y-ø2-1997 16:es FPDM AI'ER¡~ SÆ.C1H...fY IU ~j,CJ. rC..JI"'::Jc.....,~ PROPOSAL INSURER ('.öÆgt~ 1munnce Company (AdrnlH«t A VIII) NAMED INSURED EFFECTIVE DATES NRH20 Family Water Park: '5/24197 TO 5/24/98 COVERAGES AND LIMITS COMMER.CIAL GJi'NF.IU..I.. J..tABILITY ISO CG Form Fa' ~ Limit GeDcra1 Aggregate Personal and Advertising Injury Products md CompJC(Cd Opentious Ag¡regatc Limit b:idenIaJ McdiW Malpractice E.tnployee Bendib LiKbilily Uquor Liability Fire Damqc Medical Payments Non-owned Hired Auto Ambulm:e Driven aDd EMT Malpraatce LimitedPoUution P.02 $1,000,000 NONE $l.OOO.(xx) $1,000,000 Included N/A N/A S 50,000 Excluded N/A $1.000,000 Sl,<m,OOO EXCLUSIONS AND LIMITATIONS: Emp1oyme1lI Rdaced Prat:tices; Absohrte Asbestos; Limi%ation of Covenge-lDspectioœ and Surveys; Fiœworks Exclusion; Ride and A.ttra.càon Notificatio~ Limiwion of Covera¡e.çoDditioDS/Stipu.tatiODi-Mai~; Medical Payments Exclusion. omON 1: S 10,000 dedud:ible $ 26,672 omON 2: $15,000 deductible $ 2S,7S~ OPTION 3. $20.000 clcductible S 23,436 OPTION 4: $25.000 deductible S 21.495 ANNUAL PRF.M1TIM IS FLAT. NOT ~JB.D.CT TO AUDIT A AMERICAN ~TY' 2 May-05-97 12:44P NRH20 817 6566530 MAy-e2-1997 16:05 FROM AMERICAN SPECIALTY IU ~10¡(O~OO~~ ~.~ P.03 I'ROPOSAL NAMED INSURED NR.IDO f..m, WatØ' Park UNDERWRITING INSPECl10N SERVICES Service Pee. oxdudcd from the aòove captioned pnmium are $S ,000. Noœ: 1nsøettioa.s are to detf'l'ft'li~ aDda'writiDg acœptabi.lity and does nor imply or WUl"lD[ en¡iDeeriDg services. ÇI.A.IMS: Claims adminiitntioo fee is $3.000 with acrvices peñoancd by AmøIÍœ1 Specialty Insurance Scrvic:a, Inc. The Claim Serviçc: Agreement currcm1y 011 file wi:d1 Ameri:an Specialty bnrm;e Services, !Dc. will remain in effect. Thia qDI1CIIion ÍI . ..-' ~ oaiy fD chi COYWIIIII<I> die ÌIIIIW-=e poIX:y OS' poÜeiet would ¡mMcIe ad is JII iøeeDded 10 *-dJe 111 at1be variow ckaiIIl-~ to ck ÍIIIUnIIIœ. Cownp. I"~ may c!iffcr from tJaoee 1eq1IaIDd iD your IppÜC8åolL Aca&Il COYefIIeI arc ~ 0DJy iD . pc&y at iDI1u'aœ ad are labject 10 ¡U tenDS, ~. ~'lNhnc-. .. øclasiaas . ~ ... PIcaIc CGUIIlt cbe Iá&W policy !or . ~ ~. 1'bla ~ cIoet DOt rt'ly Q¡)CC brœtrJlIpP1bnt l{ICCifieMiœl GlNinH1 All ~ DOt addrIae4 in 1b:is ~IÍIW'I rbcuId be IaJK'"~ 10 by die broka'« I!Ic ~ with reçec: to 'die pJDDIItt at døe c:crwngec ~ -*r ~ 0IADpIQY. A~ covy cß the policy is available upœ reqoesI for re\Iiew prior CO tbr: ~ fIÍ COYCI'GF. 1bÌI is DC( II biDder. Cogen¡e can aa1y be boøIId by AmcD.-_ Speciéy DJRPV' ScniF:a and da aaly in 'MritiDa. al\« WfÅ1lCll ~ of dIù cpttatioa by you. ' 1bis cpaf&1ÍGð wiJJ ft:ZII8m ia áIect QIIil5QAlf1111111ta ICCqœct iD wriDD¡ pricrr 10 cbIa œ 1IIIlCII ~fiM in 'Ir'tinog by ADlcrkan Sp:d.aLy Ja.w~ Sc¡~.. May 1. 199'7 CAB A AMœICAN SPB:JAL1T 3 CITY OF NORTH RICHLAND HILLS Department: Finance / Public Works Council Meeting Date: 5/12/97 Subject: Award Bid for 1997 Street Wedge Mill Project Agenda Number: PU 97~42 On January 27, 1997, Council approved the 1996/97 City Street Overlay Program (PW 97-06). Formal bids were solicited for the 1997 Street Wedge Mill Project and the results are outlined below. Dustrol, Incorporated ..-. . :.' ..... . . . :', .-': Pavement Recycling Systems $16,339 Dustrol, Incorporated met all the requirements and specifications of the bid and can complete the project in thirty days. Dustrol has done satisfactory work for the City in the past and has completed projects in a timely manner. Recommendation: It is recommended City Council award the bid for the 1997 Street Wedge Mill Project to Dustrol, Inc. in the amount of $9,960. Finance Review Acct. Number 22-60-01-4890 Sufficient Funds Available ~ 'gnatu a CrrY C~UNCIL ACTION rrEM . City - onagor Page 1 of FIn....ce O;,ectot CITY OF NORTH RICHLAND HILLS Department: Information Services Council Meeting Date: 5/12/97 Subject: Award Proposal for Municipal and Inmate Pay Phone Service Agenda Number: PU 97-43 One goal within the Information Services Departments Three Year Plan is to consolidate all pay phones under one vendor and to increase the City's overall revenue for said pay phones. Formal Bids (Bid # 97-719) were recently solicited on pay phone related services from seven vendors. Below is a listing of the results of the bids received. Vendor Name % of Revenue Paid to the City Sianina Bonus Security Telecom Corporation 40.50% No Gamma Enterprises 35% No D & B Communications 30% No TSC Communications 30% No Southwestern Bell 28% No J & T Telecom 25% No Midessa Communications has offered the most advantageous bid, meeting all requirements and offering a 42% commission rate for all pay phones. They are also offering a $ 10,000 signing bonus. Recommendation: It is recommended that City Council award this bid for pay telephone service (Bid #97-719) to Midessa Communications for a five (5) year period. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget -L ther Acct. Number Sufficient Funds Available CITY COUNCIL ACTION ITEM Finance Director Page 1 of 1 .. CITY OF NORTH RICHLAND HILLS \.....j Department: Subject: Administration Consider Approval of Solid Waste Franchise and Agreement with I aidl~w W~~t~ ~y~h:ilm~ - Ordinance No. 2203 Council Meeting Date: 5/12/97 Agenda Number: pI! 97-44 At the April 28, 1997 City Council Meeting, Council reviewed the proposals for solid waste and recycling services. Council accepted Laidlaw's Option II, contingent upon annual maximum rates not exceeding those established by Option I, and authorized the City Manager to enter into the final negotiations and develop a contract with Laidlaw. City Staff and Laidlaw representatives have met to prepare a final contract for Council consideration. Highlights of the proposed contract with Laidlaw are as follows: 1) Contract Term - Five years beginning August 1 1997. The term may be renewed for two successive terms of two years each, by mutual consent of both parties. 2) MondaylThursday residential collection days are required. 3) Holiday make up day following the actual holiday is required. 4) Christmas Tree Recycling Program provided. 5) Residential rates for the first year for regular garbage service and recycling are $8.25 per month, which is the same as present residential rates. Commercial rates are generally lower for year one than the current rates of NRH but vary according to volume and frequency of pickup. 6) Rate increases for years two through five: After the first year, rates may be increased for both residential and commercial by a combination of calculated increases in operations and disposal components of the base rate. The operation component will equal 70% of the total base rate and the disposal component will equal 30% of the total base rate. The operations component can be adjusted by a factor of 85% of the total percent increase in the D/FW Consumer Price Index (CPI). For the disposal component the average percentage increase in the gate rate for compacted landfill materials from five area landfills will be used to determine the measurement. Page 11 of the contract and Attachments C and D provide details of this method of calculation. This is the same measurement that is currently being used for increases. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available g:~ting Budget _ ~ ~~ .\......-\ Depe:ent Heed Signature rfY fl -. City M.~ . CnYCOUNC~ACnON"EM Page 1 of Flnllnce onctor \....... Page Two The first increase can be requested for August, 1998. Thereafter increases will be on two year increments. Maximum rates that were identified in Laidlaw's Option I are a part of the contract to establish maximums for the five year period. 7) Options are provided for apartment recycling and are strictly optional by apartment complexes. 8) Hazardous/inclement weather days - - When public schools and the Birdville Independent School District are closed due to icy, snow, hazardous or inclement weather days, Laidlaw has the option to suspend service for that day subject to notification of the City Manager. 9) Commercial recycling - - When Laidlaw is unable to provide commercial recycling, a company may elect to use a North Richland Hills franchised or permitted commercial recycling company only, for its recycling services. Recommendation: It is recommended that Ordinance No. 2203 be approved effective August 1, 1997. " \....... ORDINANCE NO. 2203 SOLID WASTE FRANCHISE / WHEREAS, in order to protect the public health and safety of the citizens of North Richland Hills, the North Richland Hills City Council finds it necessary to provide solid waste and recycling services; and WHEREAS, the City Council finds it in the best interest of the public to provide such solid waste and recycling services through a private collection disposal and recycling contractor; and WHEREAS, the City Council finds it necessary to adopt the terms of Exhibit "A" in order to protect the health and safety of the citizens of the City. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of North Richland Hills, Texas that: 1. The City Council does hereby adopt the above findings. 2. Exhibit "A", attached hereto and made a part hereof, be and is hereby approved as an exclusive franchise (agreement) with Laidlaw Waste Systems, Inc. 3. The Mayor is hereby authorized and executed to execute Exhibit "A" as the act and deed of the City. PASSED AND APPROVED this 12th day of May, 1997. APPROVED: ATTEST: Tommy Brown, Mayor Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire - Attorney for the City EXHIBIT "A" SOLID WASTE AND RECYCLING CONTRACT THIS SOLID WASTE AND RECYCLING CONTRACT (the "CONTRACT") is made and entered into on August 1, 1997, by and between the CITY OF NORTH RICH LAND HILLS, a municipal corporation of Tarrant County, Texas (hereinafter referred to as "CITY") and Laidlaw Waste Systems, Inc., authorized to do business in the State of Texas (hereinafter referred to as "CONTRACTOR"). WHEREAS, the CITY desires to provide residential and commercial customers within its corporate limits with solid waste collection, transport, disposal and recycling services for a term of 5 years ending July 31,2002; and WHEREAS, the CITY strongly encourages customers and the CONTRACTOR to actively pursue recycling opportunities in order to attain State recycling goals as established in Senate Bill 1340; and WHEREAS, the CONTRACTOR has provided the CITY with a response to its Request for Proposals (RFP) dated February 24, 1997 for solid waste disposal and recycling services on a Contract basis. NOW, THEREFORE, in consideration of the mutual agreements hereinafter contained and in order to preserve and protect the public health of the citizens of the CITY it is hereby understood and agreed by the parties hereto as follows: 1. Grant, CITY hereby grants to CONTRACTOR a Contract to engage in the business of collecting and disposing of all residential and commercial Recyclable Materials, Acceptable Waste and Special Waste as defined herein below which is generated within the corporate limits of the CITY and, further, hereby grants to CONTRACTOR a license and permit to use the public streets, alleys, easements and thoroughfares within the limits of the CITY for said business during the term of this Contract. 2. Term. The term of this Contract shall be for five (5) years commencing on August 1, 1997 and terminating on July 31, 2002. The term may be renewed for two (2) successive terms of two (2) years each, by mutual consent of the parties hereto. 3. Definitions. Wherever used herein, the hereinafter listed terms shall have the following meanings: A. Acceptable Waste: Any and all waste that is solid waste, including brush, garbage, yard waste and trash, as such waste is defined under the laws of the United States andlor the State of Texas andlor the regulations -1- promulgated thereunder and that is acceptable for disposal in a Landfill, except for "Unacceptable Waste", as defined herein. B. Backdoor Garbage Service (Elective Carry-Out Service): Refuse pickup from behind the building line. The refuse shall be placed in front of the building facing the street in such a manner clearly visible from the street as to be accessible without entering a gate. Backdoor Garbage Service shall be provided at an additional charge as later specified in this document for all residential households who request the service. C. By-Products With Residual Value: Any excess industrial, manufacturing or commercial by-products or significant and constant volumes of materials of a company which have a residual value on the open market, (such as cardboard and packing materials). D. Brush: Tree and shrub trimmings which are not easily placed in disposable containers. E. Commercial Containers: Metal containers supplied by CONTRACTOR affording adequate capacity to service a customer so as to prevent spillage, unsightly and unsanitary conditions, F. Curbside Service: Acceptable Waste or Recyclable Materials to be picked up by the CONTRACTOR will be located at the curbside of the street bearing the customer's address or, if there is no curb, where the customer's property line meets the street. G. Debris: Dirt, concrete, rocks, bricks, lumber, plaster, sand or gravel, other waste building materials, automobile frames, or large, uncut dead trees. H. Disposable Containers: Any plastic bag or cardboard box with a capacity or volume of thirty three (33) gallons or less and which is capable of containing garbage or trash without leaking or emitting odors, and which weighs, when loaded, less than fifty (50) pounds. I. Garbage: Refuse animal or vegetable matter (as from a kitchen or food processing facility), tin cans, bottles, sacks, clothes, extinguished ashes, paper (not including heavy accumulations of newspapers and magazines) and any other household waste which is damp or capable of emitting noxious odors. J. Multi-Family/Apartment Residential Complex: A structure in which three or more families reside and claim as their permanent address. -2- K. Permanent Containers: Any closed, waterproof, plastic or metal container or can with a capacity or volume of thirty three (33) gallons or less and which is capable of containing garbage or trash without leaking or emitting odors, and which weighs, when loaded, less than (50) pounds. L. Recyclable Materials: Metal Cans: Rinsed metal cans and placed in bin. Aluminum Cans: Aluminum drink cans, compacted. Glass: Clear, green and brown glass bottles and jars. No mirrors, window glass, plate glass or light bulbs. Plastic Bottles: Only plastic bottles with recycling symbols, #1, #2, #3, #4, #5, and #7. Examples include milk bottles, soft drink liter bottles, detergent bottles, cleaning bottles and shampoo bottles. (Rinse and remove lids.) Newspapers, Magazines, Catalogs Magazines, slick and glossy inserts. Junk Mail, Cardboard, Mixed Household Paper Junk Mail, Junk mail, envelopes, cereal boxes, cardboard, Cardboard, chipboard and other household paper products in a brown grocery bag placed beside or inside the bin. No tissues, wet paper or paper contaminated with food products are acceptable. All cardboard must be broken down to a size that will fit inside the bin. Other: Items that are identified as recyclable by the CITY and CONTRACTOR, or as the result of changes in any local, state, or federal laws, ordinances, or regulation. M. Recycling Containers: a minimum eighteen (18) gallon container with a lid provided by CONTRACTOR for each residential Customer at no charge. Any container must be approved by the City Council. -3- N. Special Waste: Any waste, even though it may be part of a delivered load of waste excluding insignificant quantities found in residential waste, which is: (1) defined as such by the laws of the United States andlor the State of Texas andlor the regulations promulgated thereunder; or (2) medical waste, including infectious or pathological waste from laboratories, research facilities, and health and veterinary facilities; and (3) dead animals andlor slaughterhouse waste; or (4) sludge waste, including water supply treatment plant sludges and stabilized andlor unstabilized sludges from municipal or industrial wastewater treatment plants; or (5) liquid waste, which for the purposes of this Contract means any waste material that is determined to be or contain "free liquid" by the paint filter test (EPA Method 9095); or (6) waste from an industrial process; or (7) waste from a pollution control process; or (8) waste transported in a bulk tanker; or (9) friable andlor nonfriable asbestos waste; or (10) empty containers which have been used for pesticides, herbicides, fungicides, or rodenticides; or (11) containerized waste (e.g., a drum, barrel, portable tank, box, pail, etc.) of a type listed in this definition; or (12) residue or debris from the cleanup of a spill or release of chemical substances, commercial products or other wastes listed in this definition; or (13) soil, water, residue, debris or articles which are contaminated from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of wastes listed in this definition, including soil contaminated from underground storage tanks used or formerly used for the storage of petroleum products; or (14) residential wastes, only if a change in federal or state law, statute, regulation, rule, code, ordinance, permit, or permit condition, which occurs after the Effective Date of this Contract, requires special or additional management that differs from the requirements applicable on the Effective Date of this Contract; or (15) any waste that requires other than normal handling, storage, management andlor disposal. -4- O. Trash: All household refuse other than garbage, debris, brush, household furniture and appliances. Trash shall include grass, yard clippings, leaves, weeds, heavy accumulations of newspapers and magazines, Recyclable waste, old clothes and other household trash of like kind, but shall not include Hazardous Wastes. P. Unacceptable Waste: Any and all waste that is either: (1) waste which is now or in the future prohibited from disposal at a sanitary landfill by state, federal andlor local laws andlor the regulations promulgated thereunder; or (2) "Hazardous Waste"; or (3) "Special Waste", as defined herein; or (4) waste which is prohibited from disposal at the Landfill by CONTRACTOR including tires, concrete, and bulk petroleum or chemical products or by-products; or (5) liquid waste, as defined herein, and septic tank pumpings and grease and grit trap wastes; or (6) sludge waste, including water supply treatment plant sludges and stabilized andlor unstabilized sludges from municipal or industrial wastewater treatment plants; or (7) dead animals andlor slaughterhouse waste, except for animals euthanized under the authority and direction of CONTRACTOR; or (8) any waste, including "Special Waste" as defined herein, which because of its quantity, concentration, frequency of disposal, required disposal procedures, regulatory status, or physical, chemical infectious or other characteristics jeopardizes or may jeopardize the environmentally sound operation of the disposal site, as determined by CONTRACTOR in its sole discretion. Q. Yard Waste: Grass or shrubbery cuttings, leaves, tree limbs and other materials accumulated as the result of the care of lawn, shrubbery, vines and trees. Yard waste does not include food wastes from gardens such as fruits or vegetables. 4. Residential A. Duties and Obligations of Residential Customers. Every owner, agent, lessee, tenant or occupant of any residential premises in the CITY ("residential customer") shall have the following duties and obligations: (1) Brush and Trash: Each residential customer shall place brush or trash which cannot be placed in disposable containers or -5- permanent containers into lengths not to exceed four (4) feet, tie same in bundles, and stack such brush or trash at curbside (as is hereinafter provided). CONTRACTOR will also dispose of residential loose brush for $10.00 per load. Trimmings may not be a result of commercial tree trimming services. Arrangements for this service can be made by contacting CONTRACTOR's customer service representative Monday through Friday 8:00 a.m. to 5:00 p.m. (2) Containers Secured: Each residential customer shall keep all such containers in use securely closed in such a manner as to prevent the scattering of the contents thereof and to render said contents inaccessible to insects, rodents and other animals. (3) Draining Liquids: Each residential customer shall drain all Acceptable Waste and Recyclable Materials mixed with water or other liquids before placing the same into appropriate containers. (4) Placement of Waste and Materials: Each residential customer shall place appropriate containers containing Acceptable Waste, Recyclable Materials and tied bundles of brush at the curbside on the R.O.W. bearing such residential customer's address in such a manner as to be easily accessible for collection and as to prevent Acceptable Waste, Recyclable Materials and tied bundles of brush from being scattered. (5) Residential Containers: Each residential customer shall provide and use containers (disposable or permanent) sufficient in number to hold the Acceptable Waste accumulating on the premises. Only the recycling containers furnished by CONTRACTOR shall be used for Recyclable Materials. (6) Special Waste: No residential customer shall place for collection, or permit to be placed for collection, any Special Waste. (7) Time of Placement of Waste and Materials: All appropriate containers and tied bundles of brush required to be located at the curbside shall be placed at the prescribed curbside locations not more than twelve hours prior to the scheduled collection day and not later than 7:00 a.m. on the scheduled collection day. (8) Vines and Bushes: Each residential customer shall place all vines and thorny bushes in disposable containers. -6- (9) Waste and Materials in Containers: Each residential customer shall place all Acceptable Waste and Recyclable Materials (including brush, if the size of the brush allows) in either disposable containers, permanent containers or recyclable containers. B. Contractor's Duties and Obligations - Residential. It shall be the duty and obligation of CONTRACTOR to perform the following services: (1) Collection: CONTRACTOR agrees to make two (2) weekly collections for Acceptable Waste on Mondays and Thursdays and one (1) weekly collection for Recyclable Materials. Collections for Recyclable Materials from residential customers shall be on one of the same days that Acceptable Waste is collected. CONTRACTOR shall not commence service to residential customers prior to 7:00 a.m. and no collections will be made on Saturdays, Sundays or holidays (See Section "6.L" for more information about holidays). The recycling collection will be in addition to the regular twice weekly collection of acceptable waste. CONTRACTOR shall pickup both regular and backdoor service customers in the manner specified herein. (2) Customer Service Number: CONTRACTOR agrees to maintain a toll free telephone number for the purpose of handling complaints and other calls regarding the collection service provided by CONTRACTOR. CONTRACTOR agrees to secure an annual listing in the appropriate telephone directory under the name by which it conducts business in the community. CONTRACTOR agrees to keep said phones available for calls from 8:00 a.m. to 5:00 p.m. every day except Saturday, Sunday and the holidays set forth in Section (6.L) herein, and to keep said phone staffed with sufficient competent personnel to handle calls and inquiries during the abovementioned hours. A daily log of all service calls, complaints, inquiries and the action taken thereon, shall be maintained by CONTRACTOR. (3) Equipment and Services Furnished: CONTRACTOR agrees to furnish trucks, equipment, machinery, tools, labor at its own expense, to adequately, efficiently and properly collect and dispose of Acceptable Waste or Recyclable Materials from premises within the corporate limits of the CITY in a systematic, clean, healthful, and sanitary manner. CONTRACTOR shall not be responsible under this Contract for collecting and disposing of Hazardous Waste, Special Waste or debris. -7- (4) Take-all Service: CONTRACTOR shall collect all items placed on the curb as part of the regular waste collection cycle providing that the items are acceptable for landfill disposal and the items are containerized in a bag, can, or box. Brush and tree limbs must be tied in bundles not to exceed four (4) feet in length and fifty (50) Ibs. in weight. (See Section 4.A (1), pages 5 & 6 for optional service for loose brush.) This service includes construction and fencing materials generated by the homeowner resulting from repair and remodeling projects. Fence panels must be cut into four (4) foot by six (6) foot sections. Loose pickets must be tied and bundled. Bulky items, including stoves, furniture, hot water heaters, dishwashers, etc., when placed on the curb, will be picked up as part of normal service collections. Federal Law prohibits the collection of refrigerator or freezer units unless certification is provided that CFC's have been removed by a certified technician. Other hazardous waste items that are not acceptable for landfill disposal include tires, batteries, petroleum products, paints and other chemicals and solvents identified by the U. S. Environmental Protection Agency. (5) Landfill Disposal and Vehicle Standards: CONTRACTOR agrees that the Acceptable Waste collected will be disposed of in compliance with the laws of the State of Texas. All vehicles used by the CONTRACTOR for the collection and transportation of Acceptable Waste or Recyclable Materials shall be protected at all times while in transit to prevent leakage and the blowing or scattering of materials or waste onto the public streets of CITY or properties adjacent thereto and shall at all times be maintained in good repair. Further, such vehicles shall be clearly marked with CONTRACTOR'S name and phone number in letters not less than four (4) inches in height and shall be individually numbered on both sides and on the back of the truck. All collection equipment shall be washed and deodorized as necessary, but at minimum once each week, and shall be kept in sanitary condition. (6) Large ObjectslLarge Quantity: The CONTRACTOR agrees to provide an on-call service for the collection of large objects and quantities of debris, including temporary roll-off service. Upon request by a customer, CONTRACTOR agrees to provide an estimate of the cost to remove and dispose of such items and upon mutual Contract between CONTRACTOR and customer, the CONTRACTOR shall perform the service. The agreed upon fee for the service shall be paid by the customer immediately upon completion of the work performed. -8- (7) Multi-Family Unit Recycling: See Section 5.B.(8). (8) Non-Collection Days: CONTRACTOR agrees that no collections will be made on Saturdays, Sundays or Contract designated holidays (See Section "6.L" for more information about holidays). (9) Residential Recycling Containers: CONTRACTOR shall provide for each residential customer a eighteen (18) gallon container with a lid at no charge, which shall be dedicated solely for the collection of Recyclable Materials. Such container shall be delivered to each residential customer by the CONTRACTOR along with a brochure explaining how the container is to be used and other information pertinent to the recycling service. The CONTRACTOR shall charge a replacement cost as recommended by the CONTRACTOR and approved by the City Manager for any recycling container which is lost, stolen, or destroyed after a residential customer is initially provided a recycling container. The residential customer shall not be responsible for any containers damaged or destroyed by CONTRACTOR. Any container must be approved by the City Council. (Note: Any alternate container methodology should be identified in Attachment C) (10) Routes and Schedules: CONTRACTOR agrees to establish daily routes and special schedules for the collection of Acceptable Waste and Recyclable Materials as necessary to fulfill the requirements of this Contract. Further, CONTRACTOR will utilize written route books for use in the collection of Acceptable Waste or Recyclable Materials from all residential customers. Prior to any route change, said change must be approved by the City Manager. CITY shall have the right to require alteration of service to any premises wherein unsightly or unsanitary conditions have resulted from inadequate containers or an insufficient number of collections, and CONTRACTOR shall be compensated for any such required additional services. (11) Christmas Tree Recycling: See Section 6.0. C. Residential Charges (1) Customer Billing: CITY agrees to bill all residential customers served by CONTRACTOR. CITY further agrees to collect and remit all sales taxes to the appropriate governmental authority and shall issue to CONTRACTOR a Resale Certification. -9- (2) Payment to CONTRACTOR: CITY agrees to pay to CONTRACTOR on or before the 15th day of each month the appropriate charges as herein provided: a. Residential Acceptable Waste Charges and Residential Recycling Charges: For the Contract granted herein, CONTRACTOR agrees to pay a franchise fee to the CITY in an amount equal to 4% of the gross billings (excluding all appropriate sales taxes) from the collection of acceptable waste and for recycling services within the corporate limits of the CITY and 8% of the gross billings (excluding all appropriate sales taxes) for billing and collection fee, for a total of 12%. CITY shall remit to the CONTRACTOR its check in the amount of 88% of all amounts billed for residential garbage and recycling service for ACCEPTABLE WASTE and recyclables collected. The 12% not remitted for residential billings shall become the Property of the CITY. (3) Residential Acceptable Waste: CITY and CONTRACTOR agree that the MONTHLY CUSTOMER SERVICE CHARGE for residential customers shall be as described on Attachment A. (4) Residential Recycling: CITY and CONTRACTOR agree that the curbside residential recycling monthly service charge shall be as provided in Attachment A. Residents 65 years of age and older may execute a request for an exemption of 75-cents per month from the recycling charge. If requested, the CITY will grant an exemption to each head of household 65 years of age or above an amount of 75-cents from the curbside Recycling charge. The City will remit to the CONTRACTOR the amount normally submitted to the CONTRACTOR for each regular account, less the 75-cents. (5) Rate increases years two through five: CONTRACTOR shall maintain such residential garbage and recycling rates in Attachment A, effective August 1, 1997, until July 31, 1998. On August 1, 1998, and every two years thereafter (Rate Modification Date), the existing Base Rates may be increased by a combination of calculated increases in Operations and Disposal Components of the Base Rate. If the CONTRACTOR desires a review of the existing rates, CONTRACTOR shall submit, in writing, its adjustments to the Base Rate and the supporting data for the same period, on or before May 15 of even numbered year, beginning May 15, 1998. -10- For purposes of calculating the total rate increase, the Base Rate shall be divided into an Operations Component and a Disposal Component. The Operation Component shall equal 70% of the total Base Rate and the Disposal Component shall equal 30% of the total Base Rate. The Operations Component will be adjusted by a factor defined as 85% of the total percent increase in the DFW Consumer Price Index (CPI). Data compiled in the Bureau of Labor Statistics Southwestern Statistical Summary will be used to calculate the CPI increase. The measured increase for an August, 1998 effective date will span a twelve month period (beginning May 1 st and ending April 30th) immediately preceding the Rate Modification Date. For even numbered years August, 2000, the measured increase will span twenty-four months from the date of the last measured period. The Council will not entertain an application for increases in odd numbered years. The Disposal Component will be adjusted by a factor defined as the average percent increase in the gate rate for compacted landfill material, as charged by a representative sample of area landfills. The landfills used to determine the increase are identified in Attachment C. The measured increase for an August, 1998 effective date will span a twelve month period (beginning May 1 st and ending April 30th) immediately proceeding the Rate Modification Date. For even numbered years beginning August, 2000, the measured increase will span twenty-four months from the date of the last measured period. The Council will not entertain an application for increases in odd numbered years. The specific rate calculation methodology is further illustrated by a hypothetical example incorporated into this Contract as Attachment D. Increases in the Base Rate calculated in accordance with the terms of this Contract shall be granted in lieu of rate adjustments associated with specific regulatory mandates or other specific operational cost increases. Every adjustment to the CONTRACTOR charges or compensation established herein shall be cumulative and in addition to other adjustments conferred herein. Increases in the Base Rate shall not exceed the maximum rates as stated on Attachments E-1, 2, & 3. -11- (6) Revisions: Any adjustment or revision from those rates approved for a five-year (5) period as identified in Section (5) above and Attachments A, C, and 0, by the City Council pursuant to this Contract for extraordinary fees or expenses shall be determined at the sole discretion of the City Council. CONTRACTOR must provide detailed, documented cost justification information associated with collection and disposal services solely for North Richland Hills. 5. Commercial. Industrial. Institutional and Multi-Family A. Duties and Obligations of Commercial. Industrial. Institutional and Multi- Family Customers. Every owner, agent, employee or person otherwise in charge of any commercial, institutional, industrial and multi-family premises within the CITY ("commercial customer") shall have the following duties and obligations: (1) Containers Secured: Each commercial and multi-family customer shall keep all commercial containers pursuant to the CITY's Zoning Ordinance and in such a manner as to prevent the scattering of the contents thereof and to render said contents inaccessible to insects, rodents, and other animals. (2) Draining Liquids: Each commercial and multi-family customer shall drain all Acceptable Waste or Recyclable Materials mixed with water or other liquids before placing same into a commercial container, and, further, no commercial or multi-family customer shall place for collection, or permit to be placed for collection, any Hazardous Waste or Special Waste. (3) Sufficient Containers: Each commercial and multi-family customer shall be provided by CONTRACTOR containers sufficient in number to hold the Acceptable Waste or Recyclable Materials accumulating on the premises. (4) Waste and Materials in Containers: Each commercial and multi- family customer shall cause all Acceptable Waste or Recyclable Materials accumulating on such premises to be placed in commercial containers. Commercial and multi-family customers shall place said containers in a certain designated location which is agreed to by CONTRACTOR and customer, bearing such customer's address for collection at the same time and in the same manner as is provided for residential refuse collection. The location of the customer's container shall be placed such that no damage results to the pavement or asphalt surfaces. -12- CONTRACTOR shall not be liable for damages to pavement or asphalt surfaces which result from the container being placed in such location. (5) Other Waste: Any company which produces on a regular basis industrial, manufacturing, or commercial products which have a residual value in the open market or that produce significant and constant wastes, such as cardboard from their business, may sell and market said products in a manner determined by the individual company and are not required to utilize the CONTRACTOR for this service. If such companies use other, non-CONTRACTOR commerciallindustrial recyclers for such wastes, such recyclers shall conform to and be permitted or franchised under City of North Richland Hills Recycling Franchise Ordinance. Any questions or disputes shall be resolved at the discretion of the City Manager. (6) Other Recycling: Any company desiring to recycle wastes that are not or cannot be recycled by CONTRACTOR shall only use such commercial, industrial recycling company that has a current permit or franchise in North Richland Hills. B. Contractor's Duties and Obligations - Commercial. Industrial. Institutional and Multi-Family. It shall be the duty and obligation of CONTRACTOR to perform the following services: (1) Containers: CONTRACTOR shall provide all commercial containers for Acceptable Waste or Recyclable Materials storage which are available upon request of the owner or occupant of any premises within the corporate limits of CITY, excluding single family and two family residences. The commercial containers provided by CONTRACTOR shall be equipped with suitable covers to prevent blowing or scattering of Acceptable Waste or Recyclable Materials while being transported for disposal of their contents, (ii) maintained in good repair, appearance, and in a sanitary condition, and (iii) clearly marked with the CONTRACTOR'S name and telephone number in letters not less than two (2) inches in height, and (iv) emptied not less than one time each week. CONTRACTOR shall provide to commercial customers, containers sufficient in number and size to hold all of the customer's Recyclable Materials. (2) Customer Service Number: CONTRACTOR agrees to maintain a toll free telephone number for the purpose of handling complaints and other calls regarding the collection service provided by CONTRACTOR. CONTRACTOR agrees to secure an annual -13- listing in the appropriate telephone directory under the name by which it conducts business in the community. CONTRACTOR agrees to keep said phones available for calls from 8:00 a.m. to 5:00 p.m. every day except Saturday, Sunday and the holidays set forth in Section "6.L" herein, and to keep said phone staffed with sufficient competent personnel to handle calls and inquiries during the abovementioned hours. A daily log of all service calls, complaints, inquiries and the action taken thereon, shall be maintained by CONTRACTOR. (3) Equipment Furnished: CONTRACTOR agrees to furnish trucks, equipment, machinery, tools, labor at its own expense, to adequately, efficiently and properly collect and dispose of Acceptable Waste or Recyclable Materials from premises within the corporate limits of the CITY in a systematic, clean, healthful, and sanitary manner. CONTRACTOR shall not be responsible under this Contract for collecting and disposing of Hazardous Waste, Special Waste or debris. (4) Large ObjectslLarge Quantity: The CONTRACTOR agrees to provide an on-call service for the collection of large objects and quantities of debris, including temporary roll-off service. Upon request by a customer, CONTRACTOR agrees to provide an estimate of the cost to remove and dispose of such items and upon mutual Contract between CONTRACTOR and customer, the CONTRACTOR shall perform the service. The agreed upon fee for the service shall be paid by the customer immediately upon completion of the work performed. (5) Lawful Disposal: CONTRACTOR agrees that the Acceptable Waste collected will be disposed of in compliance with the laws of the State of Texas. All vehicles used by the CONTRACTOR for the collection and transportation of Acceptable Waste or Recyclable Materials shall be protected at all times while in transit to prevent leakage and the blowing or scattering of materials or waste onto the public streets of CITY or properties adjacent thereto and shall at all times be maintained in good repair. Further, such vehicles shall be clearly marked with CONTRACTOR'S name in letters not less than four (4) inches in height and shall be individually numbered. All collection equipment shall be washed and deodorized as necessary, but at minimum once each week, and shall be kept in sanitary condition. (6) Non-Collection Days: CONTRACTOR agrees that no residential collections will be made on Saturdays, Sundays or Contract -14- designated holidays (See Section "6.L" for more information about holidays). (7) Routes and Schedules: CONTRACTOR agrees to establish daily routes and special schedules for the collection of Acceptable Waste or Recyclable Materials as necessary to fulfill the requirements of this Contract. Further, CONTRACTOR will utilize written route books for use in the collection of Acceptable Waste or Recyclable Materials from all commercial customers. CITY shall have the right to require alteration of service to any premises wherein unsightly or unsanitary conditions have resulted from inadequate containers or an insufficient number of collections, and CONTRACTOR shall be compensated for any such required additional services. (8) Multi-Family Unit Recycling: CONTRACTOR shall make available the following options for multi-family recycling: Option 1 Option 2 Cluster service: In this option, clusters are distributed throughout the complex. A cluster is an arrangement of three 96 gallon carts with decals to identify the material they accept. One is for newspaper, magazines, and catalogs. The other two are for everything else. Glass bottles, plastic bottles #1, 2, 3, 4,5, & 7, tin aluminum, and steel. These clusters are distributed at the rate of one cluster per 50 units. The clusters are serviced once each week by the same residential recycling truck for the adjacent residential neighborhood. Rates will be established by mutual consent of CONTRACTOR and CITY. Full program (Clusters and apartment recycling bin). Complexes would receive the full program. Clusters, apartment recycling bins and all the necessary educational material are provided. Each unit on the complex receives a nine (9) gallon apartment recycling bin to keep in their own individual living unit. Bins are similar to residential bins but smaller and equipped with handles. -15- The full program option is serviced each week by the same residential recycling truck for the adjacent residential neighborhood. Rates will be established by mutual consent of CONTRACTOR and CITY. CONTRACTOR will be responsible for informing multi-family complex owners and operators of these available options. (9) General Recycling: CONTRACTOR agrees to provide recycling services upon request to commercial, industrial and multi-family customers. In the event it is not cost effective for CONTRACTOR to make such services available, it has right to decline. It is understood that customers can engage a permitted or franchised commercial hauler to collect solely and pure recyclable materials if clearly separated in a recyclable container only at customer's location. C. Commercial. Industrial. Institutional and Multi-Family Charges. (1) Commercial, Industrial, Institutional and Multi-Family Acceptable Waste: CITY and CONTRACTOR agree that the monthly service charges for commercial, industrial, institutional and multi-family Acceptable Waste shall be provided in Attachment B, which is attached hereto and incorporated herein by reference. (2) Commercial, Industrial, Institutional and Multi-Family Recycling Charges: The service charge for commercial, industrial, institutional and multi-family acceptable waste recycling shall be negotiated between the CONTRACTOR and customer and submitted to CITY for billing: OCC materials will be picked up by CONTRACTOR free, but with container fee as in Attachment B. (3) Customer Billing: CITY agrees to bill all commercial, industrial, institutional and multi-family customers served by CONTRACTOR. CITY further agrees to collect and remit all sales taxes to the appropriate governmental authority and shall issue to CONTRACTOR a Resale Certification. (4) Payment to CONTRACTOR: CITY agrees to pay to CONTRACTOR on or before the 15th day of each month the appropriate charges as herein provided: -16- a. Commercial, Industrial, Institutional and Multi-Family Acceptable Waste Charges and Commercial, Industrial, Institutional and Multi-Family Recycling Charges: For the Contract granted herein, CONTRACTOR agrees to pay the CITY an amount equal to 4% of the gross billings (excluding all appropriate sales taxes) from the collection of acceptable waste and for recycling services within the corporate limits of the CITY and 6% of the gross billings (excluding all appropriate sales taxes) for billing and collection fee, for a total of 10%. CITY shall remit to the CONTRACTOR its check in the amount of 90% of all amounts billed for commercial, industrial, institutional and multi-family ACCEPTABLE WASTE and recyclables collected. The 1 0% not remitted for commercial, industrial, institutional and multi-family billings (6% for billing and collection and 4% franchise fee) shall become the Property of the CITY. (5) Rate increases years two through five: CONTRACTOR shall maintain such commercial, industrial, multi-family garbage and recycling rates in Attachment B, effective August 1, 1997, until July 31, 1998. On August 1, 1998, and every two years thereafter (Rate Modification Date), the existing Base Rates may be increased by a combination of calculated increases in Operations and Disposal Components of the Base Rate. If the CONTRACTOR desires a review of the existing rates, CONTRACTOR shall submit, in writing, its adjustments to the Base Rate and the supporting date for the same period, on or before May 15 of even numbered years, beginning May 15, 1998. For purposes of calculating the total rate increase, the Base Rate shall be divided into an Operations Component and a Disposal Component. The Operation Component shall equal 70% of the total Base Rate and the Disposal Component shall equal 30% of the total Base Rate. The Operations Component will be adjusted by a factor defined as 85% of the total percent increase in the DFW Consumer Price Index (CPI). Data compiled in the Bureau of Labor Statistics Southwestern Statistical Summary will be used to calculate the CPI increase. The measured increase for August, 1998 effective date will span a twelve month period (beginning May 1 st and ending April 30th) immediately preceding the Rate Modification Date. For even numbered years beginning August, 2000, the measured increase will span twenty-four months from the date of the last -17- measured period. The Council will not entertain an application for increases in odd numbered years. The Disposal Component will be adjusted by a factor defined as the average percent increase in the gate rate for compacted landfill material, as charged by a representative sample of area landfills. The landfills used to determine the increase are identified in Attachment C. The measured increase for an August, 1998 effective date will span a twelve month period (beginning May 1 st and ending April 30th) immediately proceeding the Rate Modification Date. For even numbered years beginning August, 2000, the measured increase will span twenty-four months from the date of the last measured period. The Council will not entertain an application for increases in odd numbered years. The specific rate calculation methodology is further illustrated by a hypothetical example incorporated into this Contract as Attachment D. Increases in the Base Rate calculated in accordance with the terms of this Contract shall be granted in lieu of rate adjustments associated with specific regulatory mandates or other specific operational cost increases. Every adjustment to the CONTRACTOR charges or compensation established herein shall be cumulative and in addition to other adjustments conferred herein. Increases in the Base Rate shall not exceed the maximum rates as stated in Attachment E-1 ,2, & 3. (6) Revisions: Any adjustment or revision from those rates approved by the City Council as identified in Section (5) above and Attachments B, C, and 0 pursuant to this Contract shall be determined at the sole discretion of the City Council. CONTRACTOR must provide detailed, documented cost justification information associated with collection and disposal services solely for North Richland Hills. 6. Miscellaneous A. Assignment of Contract: This Contract and any and all rights and obligations of CONTRACTOR hereunder may be assigned by CONTRACTOR to any parent company, affiliate, or subsidiary of -18- CONTRACTOR without the consent of CITY, but may be assigned to any other third party only with the prior written consent of the CITY'S City Council. B. Applicable Law- CITY and CONTRACTOR (and customers) shall comply with all rules and regulations of any federal, state or local authority. In this regard, CONTRACTOR shall not be required to collect and dispose of any Special Wastes, or any other improper waste. Should CONTRACTOR elect to dispose of such materials, CONTRACTOR shall receive a fee or charge mutually acceptable to CONTRACTOR and the party requesting disposal of such materials. CONTRACTOR further agrees to comply with all applicable state and federal laws regulating collection and disposal of waste, and to hold the City harmless of and from all claims and demands of any persons or governmental agency in connection with its landfills. C. Bad Debt Collections and Write-Offs: The CITY will diligently pursue the collection of bad debts and those which are deemed uncollectible after 90 days will be written off by the CITY and write-offs will be adjusted, less franchise and billing fees as appropriate, (deducted) from CONTRACTOR'S monthly payment following the quarter of the write-offs. Although write-offs will be made, CITY will continue to pursue collection and any bad debts collected after any quarterly payment adjustment will be added to the next monthly payment to the CONTRACTOR. D. Christmas Tree Recycling: CONTRACTOR shall provide a free mechanized mulcher for the Christmas Tree Recycling Center and provide sufficient staff to operate the mulcher at the CONTRACTORS cost at a agreed upon date and time. All mulch will be available for customers who donated Christmas Trees. If CONTRACTOR decides to take trees to non- city recycling center for mulching, the CONTRACTOR shall deliver mulch to City Center for citizens use. E. City Liaison: CONTRACTOR and CITY agree that the City Manager will be the authority for the approval of charges for any service not contemplated by this Contract and for the disposition of any dispute between customer and CONTRACTOR. The CITY may designate a CITY employee to act as an enforcement officer hereunder and to act as a liaison between the CITY and CONTRACTOR. F. City Ordinances: CITY agrees to pass such ordinances as are necessary to effectuate all terms of this Contract including all duties and obligations required of residential and commercial customers. -19- G. Contract Execution: This Contract may be executed in any number of counterparts, each of which will for all purposes be deemed to be an original, and all of which are identical. H. Contract Validity: If any provision or portion of this Contract is for any reason unenforceable, inapplicable, or invalidated then such provision or portion shall be reformed in accordance with applicable laws and the other provisions hereof will remain in full force and effect in the same manner as if such unenforceable, inapplicable or invalidated provision had never been contained herein. The invalidity, inapplicability, or unenforceability of any provision or portion of this Contract shall not affect the validity, applicability or enforceability of the other provisions or portions of this Contract. I. CONTRACTOR Liability/insurance: CONTRACTOR assumes all risk of loss or injury to property or persons arising from any of its operations under this Contract, and agrees to indemnify and hold harmless the CITY from all claims, demands, suits, judgments, costs or expenses arising from any such loss or injury. It is expressly understood that the foregoing provisions shall not in any way limit liability of CONTRACTOR. CONTRACTOR agrees to carry the following types of insurance: (1) Worker's Compensation insurance covering all employees engaged in any operations covered by this Contract as required by the State of Texas; (2) Automobile Liability - $1,000,000 Single Limit, bodily injury and property damage combined; and (3) General Liability - $1,000,000 Single Limit, bodily injury and property damage combined. CONTRACTOR agrees to furnish the CITY Certificates of Insurance evidencing that such insurance has been procured and is in force. J. Customer Service: CONTRACTOR shall provide responsive customer service and maintain sufficient staffing thereto. Any and all complaints and inquiries received prior to 12:00 p.m. shall be resolved by the end of the CONTRACTOR'S work day. Any and all complaints and inquiries after 12:00 p.m. shall be resolved before 12:00 p.m. the next working day. The CONTRACTOR shall provide one contact person (name and phone #) for any and all complaints and requests from City staff - The CONTRACTOR shall monitor its own operations for efficiency and shall periodically perform customer satisfaction surveys. K. Free Service to City: CONTRACTOR shall provide free pickup and disposal for all CITY facilities and properties in manners specified by the -20- CITY. The CITY shall also have free dumping privileges during the term of this agreement at the nearest landfill or transfer station used by the CONTRACTOR. Free dumping is interpreted as meaning no charge or cost assessed to the CITY. CONTRACTOR shall also provide at no cost or fee to the CITY all services, materials, and equipment related to the CITY's workplace recycling program. L. Holidays/Make-Up Days: CITY and CONTRACTOR agree that the following days shall be recognized as holidays: New Years Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day A make-up day must be provided by the CONTRACTOR the next working day following the holiday, so that each customer receives the same number of collection days as would normally be received in a non-holiday week. For Monday pick-up the make-up day will be Tuesday and for Thursday pick-up it will be Friday. If a necessity arises that CONTRACTOR believes warrants collection services on a designated holiday, approval shall be obtained from the City Manager, or his designated representative, at least 24 hours prior to holiday collection. CONTRACTOR will be solely responsible for timely informing affected customers of this holiday pick-up. M. Hazardous and Inclement Weather Says: On icy, snow, or other hazardous or inclement weather days when public schools in the Birdville ISO are closed, CONTRACTOR may elect to suspend service for that day, subject to notification of the City Manager, or his designated representative. No make-up day for the missed weather day is required of CONTRACTOR. CONTRACTOR shall be solely responsible for timely notifying customers of this temporary suspension of service. N. Interruption in Service: In the event that the collection and disposal of Acceptable Waste or Recyclable Materials should be interrupted by any reason for more than forty-eight (48) hours, CITY shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide and protect the public health and safety. If the interruption in service mentioned in the paragraph above continues for a period of seventy-two (72) hours, and is not caused by a -21- catastrophe, riot, war, governmental order or regulation, strike, fire, accident, act of God, changes in laws, statutes, regulations or ordinances or other similar of different contingency beyond the reasonable control of the CONTRACTOR, then the CITY shall have the right to terminate the rights and privileges granted in this franchise. O. Investigations and Public Hearings: The City Council shall have full power to examine or cause to be examined at any time, and at all times, the books, papers and records of CONTRACTOR with relation to the operation of the services set forth herein. In this connection, the CITY shall have the right, through its Council, to take testimony and compel the attendance of witnesses or the production of books, papers and records and to examine witnesses under oath and under such rules and regulations as it may adopt. P. Judicial Interpretation: CITY and CONTRACTOR agree that if any term or provision of this Contract is submitted to a court for judicial interpretation that such court shall not apply the presumption which results from the rule of construction that a document or its contents is to be construed against the person who himself or through his agent prepared the same. Q. Non-Collection: Should a dispute arise between the CITY, CONTRACTOR, andlor a customer as to whether the CONTRACTOR actually failed to make a collection (whether the CONTRACTOR missed a pickup) the decision of the City Manager in such matter shall be final and CITY and CONTRACTOR agree to abide by said decision. However, it is understood and agreed by and between CITY and CONTRACTOR that if any customer fails to timely place brush, permanent containers, disposable containers, Recyclable Materials or commercial containers out, maintains improper or inadequate containers for the nature, volume, or weight of Acceptable Waste or Recyclable Materials to be removed from the premises, or places improper bundles or volumes of Acceptable Waste or Recyclable Materials for collection, CONTRACTOR may refrain from collecting all or a portion of such Acceptable Waste or Recyclable Materials and shall notify CITY of the reason for such non-collection. CONTRACTOR shall also provide notice to the customer of the reason for such non-collection (unless such noncollection is the result of the customer's failure to timely place the brush or containers out for collection). CONTRACTOR's notice to the customer shall be in writing, attached to the container or the front door of the residence or commercial business, and shall indicate the nature of the violation and the correction required in order that such waste or recycling materials may then by collected at the next regular collection date. When CITY is notified by a customer that Acceptable Waste or Recyclable Materials have not been removed from his premises on the scheduled collection day and where no -22- notice of non-collection nor a change in collection schedule has been received from CONTRACTOR, CITY shall investigate. If the investigation disclosed that CONTRACTOR has failed to collect Acceptable Waste or Recyclable Materials from the subject premises without cause, CONTRACTOR shall collect same within twelve (12) hours after a collection order is issued by CITY, at no additional charge. R. Records and Reports: The CITY shall have access at all reasonable hours to all CONTRACTOR'S records, customer service cards, and all papers relating to the operation of the services set forth herein. CITY shall have the right to audit CONTRACTOR'S records upon giving written notice. (1) The following records and reports shall be filed monthly by the fifteenth (15th) day with the City Manager: (a) Adequate report on recyclable collections will be submitted and shall include the number, percentage of households participating, and tonnage (by category) of recyclables. Upon request where and how recyclables are disposed of will be provided. (b) CONTRACTOR will provide a monthly report on cubic yards of garbage deposited at the landfill from North Richland Hills. The report will include a breakdown of how much is from residential customers, commerciallindustrial customers, CITY facilities, and landfill days. (c) A monthly listing of all commercial accounts served. This list shall include customers name, address, frequency of pickup, size of container or type of service and charges for same. (2) Upon request the following reports shall be provided by CONTRACTOR: (a) Monthly reports of the results of all complaints and investigations received and completed by the CONTRACTOR. (b) Monthly customer service reports which detail calls received, nature of calls, response times, etc. S. Revocation: In the event of an alleged breach by CONTRACTOR of any of the terms, covenants, or conditions herein contained, CITY shall notify CONTRACTOR of such alleged breach and if same is not cured within five (5)days from such notice, CITY may, upon a determination (at a hearing as described herein) that a breach has occurred, cancel and -23- revoke this Contract. The hearing prerequisite to such revocation shall not be held until notice of such hearing has been given to the CONTRACTOR at the address shown on the records of the CITY, and a period of at least ten (10) days has elapsed since the mailing of such notice. The notice shall specify the time and place of the hearing and shall include the alleged reasons for revocation or cancellation of the Contract. The hearing shall be conducted in public by the CITY'S City Council and the CONTRACTOR shall be allowed to be present and shall be given full opportunity to answer such charges and allegations as are set out against it in the notice. If, after the hearing is concluded, the City Council shall determine that a breach of the terms, covenants or conditions of the Contract, as set forth in the notice, has occurred, they may revoke and cancel this Contract and the same shall be null and void. This Contract may, at the option of the CITY, be terminated in the event of bankruptcy, receivership, or assignment for the benefit of creditors by the CONTRACTOR. T. School Recycling: The CONTRACTOR shall make curbside recycling available to each school at no charge under guidelines set out by the CONTRACTOR and approved by the City Council. U. Spillage: CONTRACTOR will not be required to clean up or collect loose residential Acceptable Waste or Recyclable Materials not created by its operation, but if same is not collected by CONTRACTOR, CONTRACTOR shall report the location of such conditions to CITY so that proper notice can be given to the occupant of the residence to properly contain such waste or materials. Spillage or excess Acceptable Waste or Recyclable Materials at the location of commercial containers may be picked up by CONTRACTOR after the customer reloads the commercial container. CONTRACTOR shall then be entitled to, and shall receive, an extra collection charge for each reloaded container requiring an extra collection provided CONTRACTOR notifies CITY of such extra charge in time for same to be included by CITY in such customer's monthly bills. Should such commercial spillage continue to occur, CITY shall require the commercial customer and CONTRACTOR to increase the frequency of collection of such customer's Acceptable Waste or Recyclable Materials or require the customer to utilize a commercial container with a larger capacity and CONTRACTOR shall be compensated for such additional services. -24- PASSED AND APPROVED this 12th day of May, 1997. APPROVED: Tommy Brown, Mayor APPROVED: Joe Noorlag, District Manager LAIDLAW WASTE SYSTEMS, INC. -25- Attachment A City of North Richland Hills Laidlaw Waste System Solid Waste & Recycle Residential Rates Effective August 1, 1997 Backdoor Garba e Service Rec clin I Total $6.561 $1.69 $8.25 i $12.00 $1.69 $13.69 Backdoor Garba e Service Rec clin _I Total I $12.00 I $0.94 $12.94 Note: Loose brush can be picked up for $10.00 per load upon arrangement with Laidlaw. See Section 4A(1) page 6. 05/02/97 garbage/grates. wk4 Attachment B City of North Rlchland Hills Laidlaw Waste System Solid Waste - Commercial/lndustrlal and Multi-Family Effective August 1,1997 Front-Load Rates: ~ 32,48 45.30 54.36 70.97 79.46 216,07 262.83 Rolloff Rates: SIZE 20YD 25YD 30YD 35YD 40YD 28YD 30YD 35YD 40YD 42YD 2X 68.20 95.14 114.16 148.98 166.86 432.14 525.66 I DELNERY 60,00 60.00 60.00 60.00 60.00 None None None None None .~ Pickup ~ week 3X 4X 107,41 150.38 149.84 179.81 234.65 262,80 648.21 788.49 209.77 251.73 328,51 367.93 864.28 1,051.32 HAUL PER LOAD 105.00 105.00 105.00 105.00 105.00 105.00 105.00 105,00 105.00 105.00 5X 197,37 275,33 330.39 431.16 482.90 1,080.35 1,314,15 "DISPOSAL PER LOAD 104.40 130.50 156,60 182.70 208.80 150,92 161.70 188.65 215.60 226.38 6X 248.68 346.91 416.30 543.27 608.46 1,296.42 1,576,96 TOTAL PER LOAD 209.40 235.50 261.60 287.70 313.80 255,92 266.70 293.65 320.60 331.38 . Disposal charges base on Sanifill/Crow Landfill gate rates. Matrix denotes current gate rates of $5.221loose yard and $5.39/compacted yard COMMERCIAUINDUSTRIAL HANDLOAD 2 TIMES PER WEEK @ $16.50 PER MONTH CASTERS: $6.00IMONTH LOCKS: $1.OOIPER LIFT I I -.----------¡ I EXTRA T . 10,86 -- 16,31 21.73 32,59 43.44 54,00 65,70 DEPOSIT PER CONT 210.00 210.00 210.00 210,00 210,00 N iated N iated N N iated N . ed -Recyclable Containers: Picku r week Size 1X 2X 3X 4X 5X 6X EXTRA 2YD Free Free Free Free Free Free Free 3YD Free Free Free Free Free Free Free 4YD Free Free Free Free Free Free Free 6YD Free Free Free Free Free Free Free 8YD Free Free Free Free Free Free Free - OCC loads only $15.00 per month container rental per container. All other recycling for commercial, industrial, and Multi-famil will be n tiated between contractor and customer and submitted to Ci for billi . 05102/97 garbagelgrates.wI<4 ATTACHMENT C Designated Area Landfills Used to Determine Increase in Average Gate Rate for Compacted Landfill Material The following area landfills will be used to determine the increase in the average gate rate for compacted landfill material. This percent increase will provide the index by which the Disposal Component of the Base Rate will be modified. The increase in the average rates will be measured over a period spanning May and ending April 30. LANDFILL Farmers Branch DFW Lewisville Turkey Creek Sanifill WMI Westside ATTACHMENT D - MODIFICATION METHODOLOGY GENERAL - Prior to each Rate Modification Date, CONTRACTOR may request that the existing residential and commercial I industrial rates (the Base Rates) be reviewed for modification. This process involves three basic steps: I. Separate ExistinQ Base Rate Into Operations and Disposal Components Existing residential and commercial I residential front-load collection and disposal rates (the Base Rates) shall be separated into an Operations Component and a Disposal Component based upon a 70/30 ratio. II. Mod' 0 erations And Dis osal Com onents The perations omponent (70% of the Base Rate) will be adjusted to reflect increases equal to 85% of the increase in the Consumer Price Index (CPI), while the Disposal Component (30% of the Base Rate) will be adjusted to reflect increases in the average gate rate for compacted materials charged by specific area landfills. III. Combine Modified Operations And Disposal Components To Form New Base Rates The modified Operations and Disposal Components will then be combined to produce the new Residential and Commercial rates which will become effective on the next Rate Modification Date. CALCULA.TION METHODOLOGY - The calculation methodology can again, be illustrated in three steps: I. First, assuming the existing Base Rate to equal 81 then: The current Operations Component ( 01 ) equals the current Base Rate times 70% or: 01 = .7B1 The current Disposal Component ( 01 ) equals the current Base Rate times 30% or: 01 = .3B1 II. Second, the current Operations Component times 85% of the percentage change in the CPI equals the amount of the Operations Component modification. The amount of the modification plus the existing Operations Component equals the new or modified Operations Component or: 01 + [(01) (.85) (percent CPI change)] = 02; Where 01 represents the existing Operations Component and 02 equals the modified Operations Component. The current Disposal Component times the percent change in the average gate rate charged by selected area landfills, equals the amount of the Disposal Component modification. The amount of this modification plus the existing Disposal Component equals the new or modified Disposal Component or: D1 + [(D1) (percent average gate rate change)] = D2; Where 01 represents the existing Disposal Component and D2 equals the modified Disposal Component. III. Third, the new Base Rate is calculated by combining the modified Operations and Disposal Components or: B2 = 02 +D2; where B2 = the new or modified Base Rate, 02 = the new or modified Operations Component. and D2 = the new or modified Disposal Component. ATTACHMENT D (Cont.) EXAMPLE: Hypothetical modification of residential Base Rate Assume the following assumptions as given: 1. The existing Residential Base Rate = S10,OO per month. 2. The applicable CPI @ 09/01/9x = 100 and the applicable CPI @ 08/31/9y = 110 3. The average gate rate for compacted land fill material @ 11/01/9x = S6.00 and the same rate @ 10/3119y = S 6.60 STEP 1 Seperate Existing Base Rate Into Operations and Disposal Components I æ i æ æ Operations Calculation Current Base Rate x 70% = Beginning Operations Component Disposal Calculation Current Base Rate x x 700Æi 300Æi = = $7.00i Beginning Disposal Component STEP 2 Modify Operations and Disposal Components i Operations Modification I Beg. Operations Component ITimes 85% I ITimes % Inc. in CPI (See a) I 1 = Modification I Modification + Beg i Component = Ending i Component Disposal Modification S7.00IBeg. Disposal Component 85.00oÆi IN/A 10.00% ITimes °Æi Inc. in Compacted 1 Gate Rate (See b) SO.60 1= Modification i Modification + Beg i Component = Ending $7.60i Component x 30% = ii s3.00ii = i ] , i ~OOI 10.00oÆi I So.3°1 I S3.30 i , , STEP 3 Combine Modified Operations & Disposal Components To Form New Base Rates ' Modified Operations Component +Modified Disposal Component = Modified Base Rate S7.60 $3,30 $10.90 a) Calculation of CPI Increase :' II ¡Beg CPI :¡Ending CPI i% Increase '!,b) Calculation of Gate Rate Increase ¡ 11 100:¡ ¡¡Beg Avg Gate Rate 1101 ¡IIEnding Avg Gate Rate II 10.00%~¡ '~% Increase :i 1 .1 ,i S6.00:\ $6.601 10.00%:, Attachment E-1 City of North Rlchland Hills laidlaw Waste System Maximum Solid Waste & Recycle Residential Rates Effective August 1, 1997 $12.00 $1.69 $13.69 $13.20 $1.69 $14.89 $14.52 $1.69 $16.21 $12.00 $0.94 $12.94 $13.20 $0.94 $14.14 $14.52 $0.94 $15.46 05/02197 garbage/grates.wk4 Attachment E-2 City of North Richland Hills Laidlaw Waste System Maximum Solid Waste - CommerciaUlndustrial and Multi-Family Effective August 1. 1997 8/1197 - 7/31198 Front-Load Rates: -_._--_._--~ 1- Pickup I er week _~__ ! I I : I Size 1X 2X 3X 4X 5X I 6X I EXTRA I I I 2YD 32.48 68.20 107,41 150.38 197.37 248,68 i 10.86 I I I 3YD 45.30 95,14 149,84 209,77 275,33 346,91 I 16.31 I 4YD 54,36 114,16 179.81 251,73 330,39 416.30 I 21.73 6YD 70.97 148.98 234,65 328.51 431.16 543.27 i 32.59 I 8YD 79.46 i 166,86 262.80 367.93 482.90 608.46 43.44 6YD/Compactors I 216.07 432.14 648.21 864.28 1,080.35 I 54.00 1,296,42 i 8YDICompactors 262.83 525.66 788.49 1,051.32 1,314,15 1,576.98 , 65.70 COMMERCIALIINDUSTRIAL HANDLOAD 2 TIMES PER WEEK @ $16.50 PER MONTH CASTERS: $6,0QIM0NTH LOCKS: $1.OOIPER LIFT Year 2 & 3 Maximum Front-Load Rates: PickuD I er week Size 1X 2X 3X 4X 5X 6X EXTRA 2YD 35,73 75,02 118,15 165.42 217.11 273.55 11.95 3YD 49,83 104,65 184.82 230.75 302.86 381.60 17.94 4YD 59,80 125.58 197,79 276,90 363.43 457.93 23,90 6YD 78.07 163.88 258.12 361.36 474.28 597.60 35.85 8YD 87.41 183.55 289.08 404.72 531.19 669.31 47.78 6YD/Compactors 237.68 475.35 713.03 950.71 1,188,39 1,426.06 59.40 8YD/Compactors 289.11 578,23 867.34 1,156,45 1,445.57 1,734.68 72,27 COMMERCIALIINDUSTRIAL HANDLOAD 2 TIMES PER WEEK @ $18.15 PER MONTH CASTERS: $6,6QfMONTH LOCKS: $1.OOIPER LIFT Year 4 & 5 Maximum Front-Load Rates: Pickup' lei" week Size 1X 2X 3X 4X 5X 6X EXTRA 2YD 39.30 82.52 129.97 181.96 238.82 300.91 I 13.15 3YD 54.81 115.12 181.30 253,83 333.15 419.76 19,73 4YD 65.78 138,14 217.57 304.69 399.77 503.72 26.29 6YD 85,88 180.27 283,93 397.50 521.71 657.36 39.44 1---, 8YD 96.15 201.91 317.99 445.19 584.31 736.24 52.56 6YD/Compactors 261.45 522.89 784.33 1,045.78 1 ,307.23 1,568.67 65.34 8YD/Compactors 318.02 636.05 954,07 1,272.10 1,590.13 1,908.15 79.50 COMMERCIALIINDUSTRIAL HANDLOAD 2 TIMES PER WEEK @ $19,97 PER MONTH CASTERS: $7.26IM0NTH LOCKS: $1.ooIPER LIFT 05lO2I97 garbagelgrates.w4t4 Attachment E-3 City of North Rlchland Hills laidlaw Waste System Maximum Solid Waste - CommerciaUlndustrlal and Multi-Family Effective August 1, 1997 8/1/97 - 7/31/98 Rolloff Rates: SIZE 20YD 25YD 30YD 35YD 40YD 28YD 30YD 35YD 40YD 42YD None None None None None DELIVERY 60.00 60.00 60.00 60.00 60,00 ~-- I RENTAL PER DAY I 4.50 ~4.50 r- 4.50 4.50 4,50 N N N N N HAUL PER LOAD 105,00 105.00 105.00 105,00 105.00 105,00 105.00 105,00 105.00 105.00 TOTAL PER LOAD 209,40 235.50 261.60 287,70 313,80 255.92 266.70 293.65 320.60 331.38 * Disposal charges base on SanifilllCrow Landfill gate rates. Matrix denotes current gate rates of $5.22/100&e yard and $5.39/compllCted yard Year 2 & 3 RoIloff Rates: SIZE DELIVERY 20YD 60.00 25YD 60,00 30YD 60,00 35YD 60.00 40YD 60.00 28YD on¡ None 30YD None 35YD on¡ None 40YD Com on¡ None 42YD Com 01'8 None Year" & 5 Rolloff Rates: SIZE DELIVERY 20YD 60.00 25YD 60.00 30YD 60.00 35YD 60.00 40YD 60,00 28YD None 30YD None 35YD None 40YD None 42YD 01'8 None 05lO2I97 HAUL DISPOSAL TOTAL PER LOAD PER LOAD PER LOAD 105,00 Gate Rate 105 +Gate Rate i 105,00 Gate Rate 105 +Gate Rate I 105.00 Gate Rate 105 +Gate Rate 105.00 Gate Rate 105 +Gate Rate I 105.00 Gate Rate 105 +Gate Rate 105.00 Gate Rate 105 +Gate Rate 105.00 Gate Rate 105 +Gate Rate 105,00 Gate Rate 105 +Gate Rate ! 105.00 Gate Rate 105 +Gate Rate i 105.00 Gate Rate 105 +Gate Rate i HAUL DISPOSAL TOTAL PER LOAD PER LOAD PER LOAD 105.00 Gate Rate 105 +Gate Rate i 105.00 Gate Rate 105 +Gate Rate i 105.00 Gate Rate 105 +Gate Rate ! 105,00 Gate Rate 105 +Gate Rate 105,00 Gate Rate 105 +Gate Rate 105.00 Gate Rate 105 +Gate Rate 105.00 Gate Rate 105 +Gate Rate 105.00 Gate Rate 105 +Gate Rate I iated 105,00 Gate Rate 105 +Gate Rate 105.00 Gate Rate [ 105 +Gate Rate ! garbagelgrates,wk4 /' CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Department Council Meeting Date: 5/12/97 PU 97-45 Subject: Professional Services Contract - North Hills Mall Multi-Use Trail A d N b gen a um er: The North Hills Mall Multi-Use Trail project is an ISTEA Enhancement grant project. The grant agreement with Texas Department of Transportation was approved on October 14,1996. The City's share is $118,828.80 for the project, which represents 20% of the total project cost. The remaining 80% of the project cost, $475,315.20 is funded through ISTEA Enhancement grant funds. In accordance with TxDOT policies and guidelines, proposals were solicited with four design firms responding for interviews. The Landscape Alliance was selected as they exhibited that they were extremely familiar with the project site and the scope of work. The Landscape Alliance is a landscape architecture firm located in North Richland Hills. Mr. Gary Kutilek, the principal, will team with Carson/Salsado McWilliams, Inc. , a highly respected engineering firm to design the trail. During his career, Mr. Kutilek has been involved in the hike and bike trail development along the Trinity River in Fort Worth. It is recommended that the contract be awarded to Landscape Alliance. The contract has been negotiated for these professional design services with the firm in the amount of $71 ,000. RECOMMENDATION: It is recommended that City Council approve the attached agreement. Attachment Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ , Other -4~- Acct. Number 09-92-47-6000 Sufficient Funds Available r fr Finance DlreC10r c- ~ -~ Department Head Signature CITY COUNCIL ACTION ITEM Page 1 of I Contract No. CONTRACT FOR PROFESSIONAL SERVICES CITY OF NORTH RICHLAND HILLS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § THIS PROFESSIONAL SERVICES CONTRACT, made, entered into and executed this _ _day of , 1997, by and between the City of North Richland Hills acting by and through the , with the approval of the City Council, hereinafter called the "City", and The Landscape Alliance, hereinafter called the "Landscape Architect". WITNESSETH WHEREAS, the City desires to contract for professional services concerning the North Hills Multi-Use Trail an Landscaping, AGREEMENT NOW, THEREFORE, the City and the Landscape Architect, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: The City agrees to employ the Landscape Architect and the Landscape Architect agrees to perform professional services in connection with the project as stated in the sections to follow and outlined hereinafter and for having rendered such services, the City agrees to pay to the Landscape Architect compensation for these services as mutually agreed. All services performed under this contract shall be performed under the direct supervision of the City Manager, and/or his duly authorized representative. The Landscape Architect will be advised, in writing, of the City's representative. 1. Scope of Services A. Services of the City The City will fumish items as listed in Attachment A, attached hereto and made a part of this contract B. Services of the Landscape Architect The Landscape Architect will furnish landscape architectural, engineering and/or surveying services as set forth in Attachment A. 2. Proaress After execution of this contract, the Landscape Architect shall not proceed with the work outlined under "Scope of Service" until advised in writing by the City to proceed. The work under this contract shall be completed within 500 calendar days after authorization to proceed exclusive of review time by TxDOT, the City and/or the Federal Highway Administration beyond 75 days which are included in this contract and exclusive of service during construction. Unless extended by supplemental agreement, this contract shall terminate at the expiration of the specified calendar days. The Landscape Architect shall, from time to time during the progress of the work, confer with the City. The Landscape Architect shall prepare and present such information and studies as may be pertinent and necessary or as may be required by the City in order to evaluate features of the work. At the request of the City or the Landscape Architect, conferences shall be provided at the Landscape Architect's office, the office of the City or at other locations designated by the City. These conferences shall also include inspection of the Landscape Architect's services and work when requested by the City. If Federal Funds are to be used on this contract, the work will be subject to periodic review by the Federal Highway Administration. The Landscape Architect shall prepare a 'Work Schedule" shown as Attachment 8 attached hereto and made a part of this contract. This work schedule will be complete so that the Landscape Architect's "Scope of Services" under this contract can be accomplished within the specified time and the contract cost. This 'Work Schedule" will provide specific work sequence and definite review times by the City and the Landscape Architect of the work performed. Should the City desire to suspend the work, but not terminate the contract, this may be done by thirty (30) days notice given by the City in writing to that effect, and the work may be reinstated and resumed in full force and effect upon receipt from the City of sixty (60) days notice in writing to that effect. All employees of the Landscape Architect shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Landscape Architect who, in the opinion of the City, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. The Landscape Architect certifies that he presently has adequate qualified personnel in his employment for performance of the services required under this contract, or will be able to obtain such personnel from sources other than the City. The Landscape Architect shall prepare and submit to the City monthly progress reports (which may include a bar graph) in sufficient detail to support the progress of the work and in support of voucher requesting monthly payment. The Landscape Architect shall furnish all equipment, materials and supplies required to perform his work under this contract except as provided herein. 3. Chanaes of Work. The Landscape Architect shall make such revisions in the work included in this contract, which has been completed, as are necessary to correct errors appearing therein when required to do so by the City. No additional compensation shall be paid for the work. If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof, the Landscape Architect shall make such revisions if required and as directed by the City, This will be considered as additional work and paid for as specified under Article 4. Additional Work. 4. Additional Work. Work not specifically described under "Scope of Services" must be approved by supplemental agreement to this contract by the City before it is undertaken by the Landscape Architect. If the Landscape Architect is of the opinion that any work he has been directed to perform is beyond the scope of this agreement and constitutes extra work, he shall promptly notify the City, in writing. In the event the City finds that such work does not constitute extra work, then the City shall so advise the Landscape Architect, in writing, and shall provide extra compensation to the Landscape Architect for doing this work on the same basis as covered under ~..._-,---_..._-"...._-_.._-~--------------_....- Article 5. Comoensation and as provided under a supplemental agreement. The lump sum fee shall be adjusted if additional work IS approved by supplemental agreement and performed by the Landscape Architect. 5. Compensation. The City shall pay and the Landscape Architect agrees to accept in full compensation for the professional services performed under this contract, fees as outlined I below. The Landscape Architect will be paid on the basis of allowances and lump sum amounts in accordance with Attachment C, The lump sum amount payable may be revised in the event of change of scope, increased cost, complexity or character of work as authorized by the City. The Landscape Architect and City shall follow the guidelines establishing cost principles which are allowable under the provisions of 48CFR Chapter 1, Part 31, Federal Acquisition Regulation (FAR31) for detennining the reasonableness and allowability of costs, 6. Method of Payment. Payments to the Landscape Architect for services rendered will be made monthly while the worK is in progress under this contract. The Landscape Architect will prepare and present to the City a monthly progress report and an itemized and certified invoice (Texas Department of Transportation Form 132, or an invoice that is acceptable to the State) each month stating the percent completion of the work accomplished during the month and also the date. Monthly payment of the lump sum fee will be in proportion to the percent completion of the total worK, but not to exceed the total lump sum amount shown under Article 5. Comoensation. Percent completion of the total work for monthly payments will be based on task completion and calculated on the basis of a percent completion of man-hours, computer time, material testing, etc., required (and as indicated in Attachment C) to do the task. The City shall reserve the right to withhold payment pending verification of satisfactory work perfonned. The Landscape Architect must submit adequate proof to the City that the task was completed. The original Fonn 132, or an invoice that is acceptable to the State, and four (4) copies should be submitted directly to the City to expedite processing. Upon receipt and approval of each statement, the City shall pay the amount which is due and payable within thirty (30) days time. The itemized and certified statements shall show the total amount eamed to the date of submission and the amount due and payable as of the date of the current statement. Five percent (5%) shall be withheld pending completion of work under this contract. Final payment of any money due should be made to the Landscape Architect after satisfactory completion of all services and obligations covered in this contract, including acceptance of work by the City. The release of the retainage does not relieve the Landscape Architect of the responsibility of correcting any errors and/or omissions resulting from his negligence. The original Fonn 132, or an invoice that is acceptable to the State, and four (4) copies should be submitted directly to the City to expedite processing. Upon receipt and approval of each statement, the City shall pay the amount which is due and payable within thirty (30) days time. 7. Subletting. The Landscape Architect shall not sublet or transfer any portion of the work under this contract unless specifically approved in writing by the City. Subcontractors shall comply with the provisions of this contract. All subcontracts shall be approved in writing by the City prior to the subcontractor's commencement of work. 8. Civil Riahts Compliance. The Landscape Architect shall comply with the regulation of the Department of Transportation (49CFR21 and 23CFR 710.405) as they relate to nondiscrimination; also, Executive Order 11246 titled Equal Employment Opportunity as amended by Executive Order 11375 and as supplemented in Department of Labor Regulation (41CFR60). See attached "Contract Addendum (nondiscrimination)". _._,__~_~__.~__"..__~__,._".,_._.>o~__,_,,~__,_~.__._.~_ 9. Disadvantaged/Minority Business Enterprise Requirements. The Landscape Architect agrees to comply with the attached special provision. 10. conditions: Termination of Contract. The contract may be terminated by any of the following (a) By mutual agreement and consent of both parties thereto. (b) By the City by notice in writing to the Landscape Architect as consequence of failure by the Landscape Architect to perform the services herein set forth in a satisfactory manner and within the limits provided, with proper allowances being made for circumstances beyond the control of the Landscape Architect. (c) By either party, upon the failure of the other party to fulfill its obligations as set forth in the "Scope of Services.' (d) By the City for reasons of its own and not subject to the mutual consent of the Landscape Architect upon not less than thirty (30) days written notice to the Landscape Architect. (e) By satisfactory completion of all services and obligations described herein. Should the City terminate this contract as herein provided, no fees other than fees due and payable at the time of termination shall be paid to the Landscape Architect. In determining the value of the work performed by the Landscape Architect prior to termination, the City shall be the sole judge. Payment for work at termination will be based on work completed at that time. Should the City terminate this contract under Section 1 O( d), the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If the Landscape Architect defaults in performance of this contract or the City terminates the contract for fault on the part of the Landscape Architect, the City will give consideration to the actual costs incurred by the Landscape Architect in performing work to date of default, the amount of work required which was satisfactorily complete to date of default, the value of the work which is usable to the City, the cost to the City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to the City of the work performed at time of default. The termination of this contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, obligations and liabilities of the City and the Landscape Architect under this contract. If the termination of this contract is due to the failure of the Landscape Architect to fulfill his contract obligations, the City may take over the project and prosecute the work to completion by contract or otherwise. In such case, the Landscape Architect shall be liable to the City for any additional cost occasioned by the City thereby. The City shall be responsible for the settlement of all contractual/administrative issues. All settlements shall be approved by TxDOT before any Federal-Aid highway funds can participate in any additional costs. 11. Disputes. Should disputes arise as to work under scope of services or additional work under this contract, they shall be resolved in accordance with Title 43, Texas Administration Code, Section 1.68. -_.~-~-----~------,--------_.._-_.._.--- - 12. Ownership of Documents. Upon completion or termination of this contract, all documents prepared by the Landscape Architect or fumished to the Landscape Architect by the City shall be delivered to and become the property of the City. All basic sketches, charts, calculations, plans, specifications and other data prepared under this contract shall be made available, upon request, to the City without restriction or limitation on their further use. The Landscape Architect may, at his own expense, have copies made of the documents or any other data he has fumished the City under this contract without restriction or limitation on their further use by them. 13. Compliance with Laws. The Landscape Architect shall comply with 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 matter affecting the performance of this contract, including without limitations, workmen's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations that are known or made available to the Landscape Architect during the process of the work. 14. City Indemnified. The Landscape Architect shall save harmless the City from all claims and liability due to activities of himself, his agents, or employees, performed under this contract and which result from an error, omission, or negligent act of the Landscape Architect or of any person employed by the Landscape Architect. 15. Landscape Archiiect's Warrant. The Landscape Architect warrants that he has not employed or retained any company or persons, other than a bona fide employee working solely for the Landscape Architect, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee INOrking solely for the Landscape Architect, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annual this contract without liability or, in its discretion, to deduct from the contract price or compensation, or other recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 16. Successors and Assians. The City and the Landscape Architect each binds himself, his successors, executors, administrators and assigns to the other party to this agreement and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this agreement. Neither the City nor the Landscape Architect shall assign, sublet, or transfer his interest in this agreement without written consent of the other. 17. Landscape Architect's Seal. The Landscape Architect shall place his Texas Professional Landscape Architect's seal of endorsement on all documents and engineering data prepared in the performance of this contract, as well as a Texas Professional Engineer's seal of the engineering sub-consultant. 18. Inspection of Landscape Architect's Books and Records. The City shall, for the purpose of termination of the contract prior to completion, examine the books and records of the Landscape Architect for the purpose of checking the amount of the work performed by the Landscape Architect at the time of contract termination. The Landscape Architect shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at their office during the contract period and for three years from the date of final payment under the contract, for inspection by the City, the Federal Highway Administration and the U,S. Department of Transportation, Office of Inspector General. The Comptroller General of the United States, or any of his duly authorized representatives, shall have access to any books, documents, papers and records of the Landscape Architect which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts and transcripts, 19. Warranties of Sianatorv. The undersigned signatory or signatories for the Landscape Architect hereby represent and warrant that the signatory is an officer of the organization for which he has executed this contract and that he has full and complete authority to enter into this contract on behalf of his firm. The above stated representations and warranties are made for the purpose of inducing the City to enter into this contract. 20. Insurance. If the services to be provided by the Landscape Architect, as shown in Attachment A, will involve activities which are required by the City to be covered by insurance, such as work on the right of way, the Landscape Architect shall furnish the City a completed Certificate of Insurance provided and approved by the City prior to beginning work under this contract. 21. Gratuities. City policy mandates that employees of the City shall not accept any benefits, gifts or favors from any person doing business or who reasonably speaking may do business with the City under this contract. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the City Manager. Any person doing business with or who may reasonably speaking do business with the City under this contract may not make any offer of benefits, gifts or favors to City employees, except as mentioned herein above. Failure on the part of the Landscape Architect to adhere to this policy may result in the termination of this contract. 22. Debarment. Suspension and Disciplinarv Action. The Landscape Architect shall comply with the attached Special Provisions, "Debarment Certification (Negotiated Contracts): 23. Texas Franchise Tax Certification. Pursuant to Article 2.45 of the Business Corporation Act, Texas Civil Statutes, which prohibits the City from awarding a contract to a corporation that is delinquent in paying taxes under Chapter 171, Tax Code, the Landscape Architect hereby certifies that he is not delinquent in his Texas franchise tax payments, or that he is exempt from, or not subject to, such a tax. A false statement concerning the corporation's franchise tax status shall constitute grounds for cancellation of the contract at the sole option of the City. IN WITNESS WHEREOF, the parties to Contract for Professional Services have signed or caused their respective names to be signed to duplicate counterparts hereof on the day of _ , 1997. THE LANDSCAPE ARCHITECT BH~~ . ignature THE CITY OF NORTH RICHLAND HILLS BY: Signature Gary Kutilek. Owner Title Typed Name The Landscaoe Alliance Name of Firm Title Date Date ATTEST: City Secretary CERTIFICATION OF CONSULTANT I hereby certify that I am the Owner and duly authorized representative of the firm of The Landscape Alliance, whose address is 7320 Riviera Drive, Fort Worth, Texas 76180, and that neither I nor the above-named firm I here represent has: (a) employed or retained for a commission, percentage, brokerage, contingent fee or other consideration, any firm or person (other than a bona fide employee working solely for me or the above-named consultant) to solicit or secure this agreement; (b) agree, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; or (c) paid or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above-named consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the agreement; except as here expressly stated (if any): I acknowledge that this certificate is to be fumished to the City and the Federal Highway Administration, U.S. Department of Transportation, in connection with this agreement involving participation of Federal-Aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. tv\.~ Date II l î i l I =:t~~ CONTRACT ADDENDUM (NONDISCRIMINA TION) During the performance of this contract, The Landscape AJliance, for itself, its assignees and successors in interest (hereinafter referred to as the "Landscape Architecf), agrees as follows: (1) Compliance with Reaulations: The Landscape Architect shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21, and Title 23, Code of Federal Regulations, Part 71 OA05(b), as they may be amended from time to time (hereinafter referred to as the "Regulations"), which are herein incorporated by . reference and made a part of this contract. (2) Nondiscrimination: The Landscape Architect, with regard to the work performed by him during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Landscape Architect shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(b) of the Regulations including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts. Includina Procurement of Materials and Eauipment: In all solicitations either by competitive bidding or negotiation made by the Landscape Architect for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Landscape Architect of the Landscape Architects obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. (4) Infonnation and Reports: The Landscape Architect shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to his books, records, accounts, other sources of information, and his facilities as may be determined by the City or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the Landscape Architect is in the exclusive possession of another who fails or refuses to furnish this information, the Landscape Architect shall so certify to the City or the Federal Highway Administration, as appropriate, and shall set forth what efforts he has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the Landscape Architects noncompliance with the nondiscrimination provisions of this contract, the City shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the Landscape Architect under the contract until the Landscape Architect complies and/or (b) cancellation, termination, or suspension of the contract, in whole or in part (6) Incorporation of Provisions: The Landscape Architect shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Landscape Architect shall take such action with respect to any subcontract or procurement as the City or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance provided, however, that in the event a Landscape Architect becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Landscape Architect may request the City to enter into such litigation to protect the interest of the City; and, in addition, the Landscape Architect may request the United States to enter into such litigation to protect the interests of the United States. SPECIAL PROVISION DISADVANTAGED BUSINESS ENTERPRISE IN FEDERAL-AID CONSULTING LANDSCAPE ARCHITECTURE CONTRACTS PURPOSE. The purpose of this special Provision is to carry out the U,S. Department of Transportation's policy of supporting the fullest possible participation of firms owned and controlled by socially and economically disadvantaged individuals in the U.S. Department of Transportation programs. POLICY. It is the policy of the U,S. Department of Transportation that Disadvantaged Business Enterprises, as defined in 49 CAR Part 23, Subpart 0, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CAR Part 23, Subpart 0, apply to this contract as follows: (a) The Landscape Architect agrees to ensure that Disadvantaged Business Enterprises (DBE), as defined in 49 CAR Part 23, Subpart 0, have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the Landscape Architect shall take all necessary and reasonable steps to meet the Disadvantaged Business Enterprise goal for this contract. (b) The Landscape Architect and any subconsultants shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts funded in whole or in part with Federal funds. (c) These requirements shall be physically included in any subcontract. (d) Prior to issuance of a work order to the Landscape Architect, the City will be furnished a letter signed by an officer of the firm which specifies the name of the eligible DBE* subconsuftant(s) to be used on this project, the work to be performed by the subconsultant(s), and the estimated amount of subcontract(s). PERCENTAGE GOAl. The percentage goal for Disadvantaged Business Enterprise participation in the work to be performed under this contract is a minimum 15 percent (15%) of the contract amount. Failure to carry-out the requirements set forth above shall constitute a breach of contract and, after notification by the City, may result in termination of the contract by the City or other such remedy as the City deems appropriate. * The City will certify the eligibility of the DBE · .'~___~___.__'__".__'_~____'_.'"~."_<.'"____<"~__'_'_._"."_~_"_'____"'.".~' . ._·__.h,·...·,._"·.*~___"_..·_~__<>_·__,,__,~·__· CERTIFICATION OF THE CITY OF NORTH RICH LAND HILLS I hereby certify that I am the of the City, and that the above consulting firm or his representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this agreement, to: (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay, or agree to pay, to any firm, person or organization, any fee, contribution, donation or consideration of any kind; except as herein expressly stated (if any): I acknowledge that this certificate is to be fumished to the Federal Highway Administration, U.S. Department of Transportation, in connection with this agreement involving participation of Federal- Aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature SPECIAL PROVISION DEBARMENT CERTIFICATION (Negotiated Contracts) By signing this contract, the Consultant, under penalty of perjury under the laws of the United States or the State of Texas, certifies that, except as noted below, there has been no change in the Consultant's eligibility status from that shown on the "Debarment Certification (Negotiated Contracts)" on file with the City and under which the consultant was authorized to submit a proposal for the work covered in this contract. Exceptions will not necessarily result in withdrawal of award, but will be reviewed by the Department and, if Federally-funded by the Federal Highway Administration, may result in rejection of the contract and/or disqualification by the Department and/or debarment and suspension of the Consultant by the Federal Highway Administration. For any exception noted, indicate below to whom it applies, initiating agency and dates of action. Providing false information may result in criminal prosecution or administrative sanctions. ..",..,._.,,---_.__._"---"_.,~-~,._----~--_._~...-~---~_.'"", DEBARMENT CERTIFICATION (Negotiated Contracts) (1) The CONSULTANT certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, decfared ineligible or voluntarily excfuded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public· transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicated for or otherwise criminally or civilly charged by a governmental entity· with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions· terminated for cause or default; (e) Have not been disciplined or issued a formal reprimand by any State agency for professional accreditation within the past three years. (2) Where the CONSULTANT is unable to certify to any of the statements in this certification, such CONSULTANT shall attach an explanation to this certification. · federal, state or local The Landscape Alliance Name of Firm Owner Title M GU.-úh 11 ¡Jll Date ---~----,.,~..,,----,,<".....~,.__.~,-,-~~,-,_.,.,",~,-,_.-,-~"----~_.."" ~.. ATTACHMENT A Scope of Professional Services North Richfand Hills March 14, 1997 Scoøe of Proiect The project is the design of a trail to be located along the drainage corridor which runs generally north and south from a location near the intersection of Booth Calloway Road and G/enview Drive to the south to a location near the intersection of SH-26 and I.H. 820 to the north. Primary design elements are the paved trail, trail bridges, landscaping, benches and associated improvements. The design budget is $495,120. A. Topographic Survey/Base Sheet Preparation 1. Aerial topographic information will be supplied by the City. 2. The Landscape Architect will incorporate all data provided by the City of North Richland Hills, TxDOT, and utility companies into the base sheets. 3. The Landscape Architect will survey in the field and plot topographic features in the project area in locations required for project design. In this capacity, it is not anticipated that extensive interior channel survey is required except in locations of probable bridge crossing. 4. Boundary information will be collected from plats and boundary surveys. 5. All information supplied by others and acquired by the Landscape Architect will be compiled into base sheets. 6. Metes and bounds descriptions and exhibits of easements will be supplied if determined necessary by the City. B. Environmental Assessment The Landscape Architect will provide an abbreviated Environmental Assessment of the project area, consistent with applicable federal and state requirements. C. Data Gathering/Field location of Trail The Landscape Architect will reconnoiter the site, locate the general trail alignment in the field, identify major design elements, gather data on the site which will impact the design. D. Program Definition The Landscape Architect will meet and coordinate with the Owner(s), and others as necessary, to clearly define the program which will include: Exact facility requirements · Concerns about the project · Maintenance considerations Access considerations · Security considerations · Design approaches · Utilities availability E. Preliminary Design 1. The Landscape Architect will prepare trail design documents consisting of the preliminary layout and grading schemes as necessary. The program will be finalized. 2. Meeting: City staff will review the trail plans, make recommendations, and approve the final program. 3. The Landscape Architect shall revise the trail design to meet City staff recommendations and shall prepare a cost estimate. 4. Meeting: Present the recommended trail design and cost estimate to City staff. 5. The construction design budget will be developed from construction cost estimates provided by the Landscape Architect during the preliminary design phase. Prior to beginning the construction documents phase, the City will choose a final construction design budget which includes the required improvements for the trail, bridges and street crossings. Additional improvements will be chosen based on the construction estimates. It is understood that the bidding documents will be structured so that the Owner may award one contract for the base bid within the available funds of the construction contract budget. F. Geotechnical Investigation At each bridge location and other locations detennined necessary by the Landscape Architect, soil investigations will be conducted by an independent Geotechnical Engineer selected by the L~ndscape Architect. G. Geometric DesignlTrail Plan 1. The Landscape Architect will plot accurately on the original plan sheets all pertinent existing features indicated by the field sUlveying. Those portions of the drafting work elected by the Landscape Architect to be done on computer-aided design facilities shall confonn to the fonnat and drafting standards required by TxDOT. 2. The initial trail alignment which was developed by the Landscape Architect will be shown on the plan. The greater part of the proposed trail will be laid out in areas having relatively flat or gently sloping gradients. Surveyed profiles and plan-profile design sheets will not be provided by the Landscape Architect for such areas. Detailed construction notes addressing vertical and horizontal controls for typical situations will be clearly stated by the Landscape Architect on the plan sheets and details. In most cases, vertical control for the trail will amount to instructions for the contractor to closely match existing grades. 3. The Landscape Architect will plot the plan view of the locations of proposed pavement and drainage structures. At bridges, culverts and special terrain situations identified by the Landscape Architect, proposed vertical alignment will be shown in profile. 4. Where identified by the Landscape Architect as necessary for the design, the Landscape Architect will provide cross sections describing certain portions of the proposed improvements within the right-of-way. The cross section will typically be given at fifty foot (50') intervals. 5. The Landscape Architect will locate and size drainage structures necessary to construct the project. 6. Upon completion of the trail plan, the Landscape Architect will thoroughly check the plans for accuracy and correctness and prepare a preliminary construction estimate. 7. Upon completion of the Landscape Architect's field check, the Landscape Architect will deliver two sets of the plans to the City for review. H. Detail Design 1. The Landscape Architect will prepare details and/or typical sections as may be required by the project. In special terrain situations identified by the Engineer where cross sections may be necessary, the plans shall show existing specimen trees eight inches (8") and greater in diameter, fifteen feet (15') each side of centerline and contours at one foot (1') intervals in the survey area. 2, The Landscape Architect will provide detail design of all site amenities and amenity areas in plan or elevation in a manner appropriate to the item. It is anticipated that bridges utilized in this project will be pre-engineered and pre-fabricated. Detail design for these elements will be limited to specific structural elements such as footings and fountain systems for same. I. Compute Quantities, Plans Estimate, Specifications, General Notes, Etc. 1. The Landscape Architect will prepare a list of construction bid items, compute estimated quantities, and develop for basis of estimation. The estimated cost of construction will be computed based on current unit prices and estimated quantities. 2. General notes specifications, and special provisions which are applicable to the project will be provided by the Landscape Architect. J. Construction Schedule The Landscape Architect will prepare a detailed flow chart of the construction schedule to determine the approximate time (working days), based on the TxDOT standard definition of a working day, required for construction of the project. K. Construction Phase The Landscape Architect will attend the preconstruction conference and, during construction, will meet with and advise the TxDOT Construction Inspector at appropriate times to ensure compliance with the intent of the plans. Site observation visits will total not less than four nor more than six. L. Additional Services The Landscape Architect will provide services not identified in this scope of services upon receipt of authorization from the City of North Richland Hills. Additional Services will be provided on an hourly rate basis with a mutually agreed "not to exceed" total. Such Additional Services may include the following or other services: 1. Design a. b. c. d. e. f. g. h. Design of facilities beyond the original scope and/or budget identified in the description of services. Additional surveying beyond that identified in the scope of Basic Services. Hydraulic studies or modeling related to impacts on existing channel. Application for permits from regulatory agencies. Establishment of the boundary lines. Design of Signalization Systems and/or traffic studies relating to Rodger Line Drive or Booth Calloway Road. Representation in arbitration, mediation, litigation, depositions, or similar legal processes. Public meetings/presentations. 2. Construction: a. Preparation of Change Orders as required which expand the original scope of services. PROJECT TEAM Percent of Fee LANDSCAPE ARCHITECT: 50% The Landscape Alliance 7320 Riviera Drive Fort Worth, Texas 76180 * ENGINEER; SURVEYOR: 49% Carson-Salcedo-McWilliams, Inc. 6800 Manhattan Boulevard, Suite 400 Fort Worth, Texas 76120 * GEOTECHNICAL ENGINEER: 1% Terra-Mar, Inc. 2679 Lombardy Lane Dallas, Texas 75220 * D.B.E. Participation 50% 1. April 15, 1997 2. May 1, 1997 3, May 15,1997 4. May 22, 1997 5. June 16, 1997 6. August 1, 1997 7. September 15, 1997 8. December 15, 1997 9. January 15, 1998 10. May 1, 1998 11. June 1, 1998 12. July 31, 1998 13. September 1, 199.8 14. December 1, 1998 15. February 1, 1999 16. October 1, 1999 ATTACHMENT B Project Schedule March 15, 1997 City complete the service contract between the City and TLA. TxOOT approve the service contract between the City and TLA. City Council approve the service contract between the City and TLA. City and TLA execute service contract. City and TLA complete the program definition. TLA completes site survey. TLA completes data collection and base sheet preparation. TLA completes preliminary plan and construction budget/cost. City and TxDOT approve preliminary plans and construction budget/cost. TLA submits construction plans and specifications to the City. CityfTLA submit construction plans and specifications to TxDOT for approval/comment. TLA completes revisions to construction plans and specifications and delivers to City. City delivers construction plans and specifications to TxDOT. Contract bidding (letting date) and award contract. Begin construction. Complete construction (nine (9) months). ATTACHMENT C Compensation North Richland Hills Multi-Use Trail and Landscaping Compensation to the Landscape Architect shall be as follows: Topographic Survey/Base Sheet Preparation (reduced scope) Allowance, not to exceed .. . . . . . . . . . . . . . . . . . . . . . , . . . . . . $14,500 Geotechnical Investigations Allowance, not to exceed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,000 Environmental Assessment .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,500 Trail Design & Engineering, Lump Sum ......................... $44,500 Construction Observation, Hourly Charges, approximate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,000 Reimbursable Expenses, approximate. . . . . . . . . . . . . . . . . . . . . . . . . . . $2.500 TOTAL ................................................. $71,000 CITY OF NORTH RICHLAND HILLS Department: Finance I Environmental Services Council Meeting Date: 5/12/97 Subject: Authorize Purchase of a Hazardous Household Waste Collection Trailer Through City of Arlington Bid Agenda Number: PU 97-46 The City of North Richland Hills received a pass-through grant from TNRCC and NCTCOG for the purchase of a trailer to be used for the collection of household hazardous waste. The trailer will be stored and maintained at the Fort Worth Regional Environmental Resource Center and will be utilized by all the Cities located in NE Tarrant County. The City of Arlington advertized and formally bid three trailers to be paid for with Arlington, North Richland Hills and City of Fort Worth grant funds. The low bid was C&S Trailer World in the amount of $19,907. The purchase of the trailer through the City of Arlington bid will meet all State competitive bid requirements. Recommendation: It is recommended City Council authorize the purchase of a hazardous household waste collection trailer through the City of Arlington bid from C&S Trailer World in the amount of $19,907. "- Source of Funds: Bonds (GO/Rev.) . Operating Budget _ r Other Finance Review Acct. Number 27-55-01-6400 Sufficient Funds Available ~m~ 'tJv CnYCOUNC~ACnON"EM FIIIII/IC8 Director Page 1 of .;. INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 97-51 + Date: Subject: May 12,1997 Request to Close One Entrance to Galway Lane This past week I was contacted by Sandy Archer, who lives on Galway Lane in our City. She wanted to place on our agenda an item for action related to the closing of Galway Lane. I explained to her that the best approach would. be to appear during Citizens Presentation and tell you what it was they were requesting. Ms. Archer has put together a petition of the residents on Galway for your consideration. I thought you might want to visit this street prior to the Council Meeting so you would be more familiar with· it. Ms. Archer plans to attend the meeting Monday night and make her presentation during Citizens Presentation. Respectfully submitted, j/ C.A. Sanford City Manager ",--. CAS/gp "'- ISSUED BY THE CITY MANAGER NORTH RICH LAND HILLS, TEXAS RES IDE N T PET I T ION We, the unders1gned res1dents of the 5400 & 5500 blocks of Galway Lane, request the c1ty counc1l of North R1chland H1lls to cons1der and take act10n on the follow1ng suggest1ons: 1. Permanently close Galway Lane at the south edge of the property boundary of 5420 Galway, or 2. Permanently close Galway Lane at' the north entrance to the Norw1ch Park west park1ng lot, or 3. Park1ng spaces on the east edge of the YMCA soccer and softball f1elds do not ex 1st , although many cars park along th1s area. Add1ng onto the Norw1ch Bark west park1ng lot would prov1de th1s needed park1ng, and at the same t1me would suff1ciently block the south end of Galway to prevent speeding or fast moving through traffic, or 4. Place dips (or less preferred, road humps) in the road to slow down through motor1sts. , " Name Address 'I'~ .. 7~e 1 ~ 3 ~!, ~ \G\fÎr: '} 6\~ :JJ ~r~ We, the undersigned residents of the 5400 & 5500 blocks of Galway Lane, request the city council of North . Richland Hills to consider and take action on the following suggestions: RES IDE N T PET I T ION 1. Permanently close Galway Lane at the south edge of the property boundary of 5420 Galway, or 2. Permanently close Galway Lane a~'the north entrance to the Norw1ch Park west parking lot, or 3. Parking spaces on the east edge of the YMCA soccer and softball f1elds do not exist, although many oars park along this area. Add1ng onto the Norw1ch Park west park1ng lot would prov1de th1s needed parking, and at the same t1me would suffic1ently block the south end of Galway to prevent speed1ng or fast mov1ng through traff1c, or 4. Place dips (or less preferred, road humps) 1n the road to slow down through motor1sts. Name Address lX. t~~~J~1 ¡ '1 (; (t (.ú.Jtl V / ~e ) of 3