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Home My WebLink AboutCC 1997-09-22 Agendas CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA SEPTEMBER 22, 1997 - 6:15 P.M. For the Meeting conducted at the North Richland Hills City Hall Pre-Council Chambers, 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. IR 97-105 W. D. Barnes Survey, A-146, Tract 2B1 and Woodbert Addition, Lot 1, Block 3; Proposed Channel Alignment (5 Minutes) 2. IR 97-106 Tarrant Appraisal District Board of Directors Election (5 Minutes) 3. GN 97-111 Amending Recreation Center User Fee City Ordinance No. 1658 - Ordinance No. 2242 (Agenda Item No. 14) (5 Minutes) 4. GN 97-112 Approval of Rapid Entry-Key-Box System - Ordinance No. 2243 (Agenda Item No. 15) (5 Minutes) 5. GN 97-113 Resolution Amending Guidelines and Criteria for Granting Tax Abatement in Reinvestment Zones Created in the City of North Richland Hills - Resolution No. 97-44 (Agenda Item No. 16) (5 Minutes) 6. PU 97-77 Award Bid for Hardware/Software for General Services to HTE in the Amount of $959,664.00 (Agenda Item No. 19) (10 Minutes) 7. IR 97-107 North Ridge Elementary School Traffic Concerns (5 Minutes) Page 2 NUMBER ITEM ACTION TAKEN 8. Other Items 9. *Executive Session (10 Minutes) - The Council may enter into closed executive session to discuss the following: A. Pending Litigation Under Government Code §551.071 Harper vs. NRH. et al Federal Case 110 1 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. f]' §TEi"'\ -,-~",~,g J9~~~9 .7^,,_~_~ :Ulé~it"J· ¡: 4D ,__~_,..J~..,. . 'I'¡mø~'-';"":::;" ~-~~~- CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA SEPTEMBER 22, 1997 For the Regular Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820, at 7:30 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1. Items 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. Special Presentations a. IR 97-104 - Distinguished Budget Presentation Award for Fiscal Year 1996-97 b. "Yard of the Month" Awards c. "Landscape of the Month" Awards Page 2 NUMBER ITEM ACTION TAKEN 5. Removal of Item(s) from the Consent Agenda 6. Consent Agenda Item(s) Indicated by Asterisk (7,8, 12, 14, 15, 16, 17 & 21) *7. Minutes of the Pre-Council Meeting September 8, 1997 *8. Minutes of the Regular Meeting September 8, 1997 9. PZ 97-38 Public Hearing to Consider the Request of Janet Golightly to Rezone Lots 2, 3, 4, & 5, Block 2, Northridge Addition from R-3 Single Family Residential to R-4-D Duplexes. (Located in the 5300 Block of Northridge Drive) Ordinance No. 2240 10. PZ97-39 Public Hearing to Consider the Request of North Texas Big Dawgs, Inc., to Rezone a Portion of Lot 3R, Block 2, Walker Branch Addition from OC Outdoor Commercial to C-2 Commercial (Located in the 8000 Block of Grapevine Highway) Ordinance No. 2239 Page 3 NUMBER ITEM ACTION TAKEN *11. GN 97-83 Interlocal Agreement with the City of Watauga for the Purchase of Fuel from North Richland Hills - Resolution No. 97-36 (Postponed August 25, 1997) *12. GN 97-108 State Contract Authorizing NETS Funding 13. GN 97-110 Appointment to Youth Advisory Committee *14. GN 97-111 Amending Recreation Center User Fee City Ordinance No. 1658 - Ordinance No. 2242 *15. GN 97-112 Approval of Rapid Entry-Key-Box System - Ordinance No. 2243 *16. GN 97-113 Resolution Amending Guidelines and Criteria for Granting Tax Abatement in Reinvestment Zones Created in the City of North Richland Hills - Resolution No. 97-44 *17. PU 97-75 Professional Services Agreement- Park Master Plan 18. PU 97-76 Request of Professional Serivces - Fiber Optics Project Page 4 NUMBER ITEM ACTION TAKEN 19. PU 97-77 Award Bid for Hardware/Software for General Services to HTE in the Amount of $959,664.00 20. PU 97-78 Award Bid for Police Department Renovation to PDMS in the Amount of $44,980 *21. PU 97-79 Authorization to Purchase Folder/Stuffer Through State of Texas Cooperative Purchasing Program in the Amount of $24,378 22. PW 97-20 Public Hearing to Consider an Update to the Capital Improvements Plan and New Impact Fees for Water and Wastewater Facilities 23. PW 97-21 Approve Updated Capital Improvement Plan for Water and Wastewater Impact Fees Facilities 24. PW 97-22 Adoption of Water and Wastewater Impact Fees - Ordinance No. 2241 25. Citizens Presentation . 'c¡7tJ1 26. Adjournment q/ 'Date! ( : L/ S J2}{Yl , nme ~~~- ". .... ;. INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 97-108 '- ~ Date: T Subject: Septernber 22, 1997 Ironkids Triathlon The North Richland Hills Parks & Recreation Department hosted the 1997 Rainbow- Bread Ironkids National Triathlon Championships on August 24, 1997. This event was highly successful, and received extensive positive publicity for the City. According to Publicis Public Relations, the event exceeded 5.6 million "impressions" from media coverage. Impressions refer to the number of times the event was conveyed to an individual through print, radio, and television media. The following page contains a chart illustrating the types and numbers of coverage. A tremendous amount of energy and hard work resulted in a highly successful event which hosted approximately 300 triathletes from all over the United States and Korea, as well as our local kids here in North Richland Hills. National coverage from ESPN and on site visits from Olympic Gold Medalists Mia Hamm and Janet Evans created an atmosphere of excitement and pageantry. The Parks and Recreation Department, in conjunction with the Public Works Department, Police Department, and hundreds of enthusiastic volunteers created a memorable experience for the triathletes and their families. "- The extensive media coverage will goa long way towards building awareness of NRH20, and the City of North Richland Hills, enhancing our image as a great place to play, and a great place to live! Respectfully Submitted, ~»-¿... ) Larry J. rMningha~ City Manager "-- ISSUED BY THE CITY MANAGER NORTH RICHLAND HillS, TEXAS IR - 97 Media Source Dates Audiencel Circulation TELEVISION KTVT Channel 11 August 24 & 25 231,000 PRINT Fort Worth Star Telegram August 5,9,12,22,24,& 25 1,722,364 Dallas Morning News August 15 & 22 988,532 D/FW Suburban Newspapers August 10 112,788 Dallas Child August 75,000 D/FW Health & Fitness Aug ust 55,000 Texas Athlete August 50,000 Waco Tribune-Herald August 10 43,019 Abilene Reporter-News August 10 42,704 Arlington Morning News August 10 & 24 40,000 Grapevine Sun August 10 & 24 37,800 Fort Worth Child Aug ust 35,000 The Garland News August 10 & 17 20,400 The Dallas Weekly August 10 20,300 Herald Democrat August 10 & 24 18,574 Denton Record-Chronicle August 17 16,131 Piano Star-Courier August 10 12,543 Inside Texas Running August 8,000 Dallas White Rocker News August 10 5,000 Terrell Tribune August 10 3,461 RADIO KRLD 1080AM July 21, August 21 & 22 879,000 KOAI107.5FM August 17 -24 458,800 (Newscasts) KDMX 102.9FM August 21 & 22 437,200 KBFB 97.9FM August 17-24 (PSA) 265,400 WBAP 820AM August 15 102,600 INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 97-105 ~~"c::...__ Date: ~:::y"~-- September 22, 1997 Subject: W.D. Barnes Survey, A-146, Tract 2B1 and Woodbert Addition, Lot 1, Block 3; Proposed Channel Alignment The prospective buyer, Jim Makens, and developer of the property to the west and north of the new Winn Dixie at the northwest corner of Davis Boulevard and Starnes Road has requested the City waive a requirement for a concrete pilot channel as part of the drainage improvements to the existing creek. The existing creek carries stormwater runoff from the end of Forrest Lane eastward to Davis Boulevard. The drainage area includes a large portion of Kingswood Estates, Century Oaks Addition, and Coventry Place Estates. The existing creek is in need of silt and vegetation removal to help maintain its carrying capacity per our most recent LOMR approval by FEMA. Public Works has required the proposed developer to design his creek improvements in accordance with the City's criteria. This would have required a full concrete channel section be installed. Since the property on either side was to be commercial and the property owner would agree to a covenant with a lien provision concerning maintenance of the channel, we agreed to consider an earthen channel concept as defined in the Public Works Design Manual. This includes a concrete pilot channel. The developer has basically tried to adhere to the federal law concerning the Section 404 Permit. He has even talked with a representative from the Corps of Engineers concerning wetlands and mitigation. The Corps has expressed concern over the proposed installation of a concrete pilot channel. It appears a greater level of mitigation will be required of the developer by the Corps under an individual Section 404 Permit. In the prospective developer's opinion, this will render this property unfeasible to develop. The developer has requested in his letter dated August 20, 1997 that the City waive the requirement to install a concrete pilot channel. Staff is willing to recommend to Council to waive this requirement with the plat approval since the developer is willing to execute a covenant which provides for perpetual maintenance of the channel. The covenant will have a lien provision and outline the frequency of mowing and maintenance. The developer would appreciate some indication from the Council on whether this is possible before he spends the money for plans and plat to proceed with this project. Respectfully submitted, ~/ ~ ~.~jA ,7 ,/ ~ ~ f ,-=- Gregory W¡,Oi kens,!P.E. Public w~~.§"Ötectdr ,/1 W¿/V<-~ '-- ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ----I z- ::ll-:]~~!"'~'LILI I .~I¡J ~' ¡-\\:9:/;7' 0= \ ·")m, t#j' ·'LJ f"o-R-,~~'E-;:'ì'~~1-'-"-" -"::-1~f~j ~ :r-~~:, ~ ¡æ. J - -: - ~ ~I ' ,,:.j; '" ¡?rid" þ~ : 10;17' :. _L ~ :.::.: 11~~~'f;~ H - U . 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III I..........· - III \1) I ~ " UJ -1 UI Z Z :! .... \J UI ~ ~ <( r¿ Q f;) ,~ '" ~+ . 10 I ~·o I. -I.(IIj. ~ ~ r l I ~ .it' " <I i '01,1 , I .1 I - - -==-~"'r=:2.:-'::'7::.·~-:::- ¡~ I ._. . ------ - I I I," ,., " ¢ :~_c;?g;~ .~ :J . '1 I tL! :> - Cf. Û I I ·1 - ---, ., ~ 0: 1 "-::;"-: ~.:.....::.-' ~ \Í\ W. ~ ç; ~ :'"" " ~ ,.,....;. ..~::- ~1 > ry c ,\ \ ---.....- . . . . 0<. W ~, V /, \ D . UJ \ ,;¡ 0 õ , z ;:: \ ~' - ,j) W Z ., U -r ..J '1 :3 '1. W 11. oz ú) z z 11. ,( OJ: W W ....,u IL 'l/7 ) IJ / ./" , ~ ~ ..J Q...J u'1 1L6 :. <·1 <\) IJ .:. J: - :( 11." IJuw ~æ!L r£!;... ;:. x.- -/ W':'3 :".'\:" . / ~~',J ·î(-------- -----.---1 III ~ :L ú) Z ILJ 111 lZ (J I I I L___ '-, " -1 Q...J \J '1 æ:3 Q :. <1 <1)W .:.J: Q-in lU Q. " If) \J IU ()¡z11. Q.. f- a ¡--I ~ G~ ï .... IL.:. :3 --- The MAKENS COMPANY RECEIVED AUG 2 7 1997 August 20, 1997 ìv1r. Greg Dickens City Engineer City of North Richland Hills P.O. Box 820609 North Richland Hills, TX 76182 Dear Greg: My name is Jim Makens and I own a commercial real estate brokerage and development finn located in Bedford. Most of my efforts are focused here in Northeast Tarrant County, This past January, I contracted for a 16 acre parcel of land at the northwest corner of Davis Boulevard and Starnes in the City of North Richland Hills. This property currently has a new Winn Dixie situated on the southern portion of the property and is excluded from the 16 acres I have under contract. I had no dealings with Winn Dixie in regards to this site. My plans are to develop the balance of the property with retail space next to Winn Dixie with 3 to 4 pad sites along Davis from Starnes to Sayers Lane. The land directly behind Winn Dixie (west of Winn Dixie), I may consider developing into single family residential. In January, I started my site planning and development feasibility studies. I was aware of the fact that the City would require the creek bed (approximately 1,150 linear feet) running east/west through the pr0p~rty to b~ improved and would require a concrete surface to some extent. This was not an issue if I could implement a concrete pilot channel and earthen sides. Approximately 40-45% of this 16 acre tract lies in the 100 year flood plain which will require approximately 20-25% of the property to be reclaimed out of the flood plain per my current site plan. On February 24, 1997, Nathan Maier Consulting Engineers, Inc. completed a flood plain study/CLOMR request in conjunction with my civil engineer, Jackey Fluitt, with Washington & Associates. From this, a channel was designed and submitted to Kevin Miller at the City of North Richland Hills. During the time that Kevin was reviewing the plans, we discovered that a new national law was passed on February 11, 1997 and retroactive to January 1, 1997. This new law (modifications to Nationwide 26) puts new restrictions on developers, utilities, state and municipal transportation departments and a wide variety of other entities dealing with the development of land which includes the improvements of creeks, reclamation of flood plain, and the "disturbance of wetlands. 2300 Airport FfWY, Suite 230, Bedford, Texas 76022 Metro (817) 540-3229 (817) 571-4114 Fax (817) 540-1583 ,Mr. Greg Dickens August 20, 1997 Page 2 After learning of these changes, I immediately contacted several engineers whom I had hoped would shed some light on how this would impact my development. Most of these engineers were unaware of this change and referred me to someone else. Finally, I found Loretta Mokry with Alan Plummer Associates, Inc. , an environmental engineering tìm1. On May 30, 1997, I hired Loretta to perform an environmental assessment of the site. This was to require an on-site investigation and a follow-up report. On June 27, 1997, Loretta, Julia Skare with North Richland Hills, Jackey Fluitt, Greg Dickens, Mark Howe (representing the owner of the property) and myself toured the site and discovered that the modification to Nationwide 26 would most probably affect this development. On July 18th, after a formal study was completed by Loretta, Jackey Fluitt, Loretta, Mark Howe, and I met with Jim Harrington with the Corps of Engineers. In this meeting it was determined that since I would be leaving a lot of the trees and flood prone area in a relatively undisturbed condition, I would be able to mitigate the issues dealing with wetlands and flood plains, however, the concrete lining of the channel would be a major concern and it was Mr. Harrington's suggestion that this be avoided. With this information, on August 1, 1997, Jackey Fluitt and I met with Kevin Miller and Julia Skare to discuss the possibilities of modifying our current design of the proposed creek so that we could avoid the Nationwide 26 issues which brings me to the purpose of this letter. After lengthy investigation and costly engineering studies, I'm not sure that this site is economically feasible to develop if I'm required to file for an individual permit due to the additional cost for further environmental studies and an undetermined cost to mitigate the disturbance of the wetlands. Therefore, I'm asking the City to waive the requirement to install a concrete pilot channel. I thank you in advance for your consideration and would be more than happy to supply you with any additional information that I may have. Sincerely, ~~ Jim Makens JM:ma cc: Ms. Patsy Smith Ms. Jackey Fluitt Mr. Mark Howe d. 'Jiml.St:&mcs & Davis INFORMAL REPORTTO MAYOR AND CITY COUNCIL No. IR 97-106 '- ¿~,., ' Date: ¡/~ . " Subject: September 22, 1997 Tarrant Appraisal District Board of Directors Election John R. Marshall, Executive Director, Chief Appraiser of the Tarrant Appraisal District (TAD) has informed all of its taxing entities that the terms of service (two years) of the five members of the Board of Directors will expire on December 31, 1997 (see attached letter). TAD has informed us that the current Board of Directors has elected to run for another term. Current members are: Gene Miers, Fort Worth, Chairman Joe Potthoff, Arlington, Secretary Tommy Vaughn, Arlington, Member Charles Rogers, Fort Worth, Member Mike Davis, Grapevine, Member Resumes of four of the Board Members are attached. The only member whose resume could not be obtained is Mike Davis. Mike Davis is a former School Board President of the Grapevine-Colleyville I.S.D. and owns the Mike Davis Insurance Agency in Colleyville. Each eligible taxing unit is allotted its share of 5,000 votes based on the 1996 taxes imposed by the taxing entity. Entities may nominate one candidate for each of the five positions to be - filled, but are not required to make any nomination. Eligibility requirements are included in the letter from Mr. Marshall. Nominations must be made in an open meeting of the City Council in the form of a resolution by October 15, 1997. If Council chooses to nominate one or more individuals to the board, action will be necessary at the October 13 meeting. Once nominees . are made the Council would submit votes via resolution by November 15, 1997 and the five nominees receiving the largest cumulative vote totals are elected. Board members would then take office for a two year term on January 1, 1998. Respectfully submitted. ~~ Larry Ko nee Director of Finance ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS '- TARRANT APPRAISAL DISTRICT 2315 Gravel Road · Fort Worth. Texas 76118-6982 · (817) 284-0024 John R. Marshall Executive Director all.' AppraiS6r September 4, 1997 Mr. Tommy Brown Mayor City ofN, Richland Hills P. O. Box 820609 N. Richland Hills, Texas 76180 Dear Mr. Brown: The tenns of service for our five members of the Board of Directors will expire on December 31, 1997 and it is time to begin the process of conducting an election. Based on the amount of the 1996 adjusted tax levy imposed by each eligible taxing unit, we have calculated the number of votes for your entity. The enclosed list will provide you with that infonnation. The next step in the procedure is the nomination of candidates. Each voting unit may nominate one candidate for each of the five positions to be filled. You are not required to make any nomination or you may nominate any number up to five. In order to be eligible to serve as directors, the nominees must have resided in the Tarrant Appraisal District for at least two years prior to January 1, 1998. They may serve on the governing body of a taxing unit in the Tarrant Appraisal District and still be eligible to serve as a Director. However, an em¡>loyee of a taxing unit is prohibited from serving as a Director unless that employee is also an elected official of the governing body. A Director may not be related to a person who is in the business of appraising property for property tax purposes or represents property owners in proceedings in the appraisal district or who is employed by the appraisal district. A person is ineligible to serve as a director if he, or a business in which he has a substantial interest, enters into a contract with the appraisal district or enters into a contract with a taxing unit in the district, if that contract relates to the perfonnance of an activity governed by Title I of the Texas Property Tax Code (for example, appraising property for tax purposes or detennining eligibility for exemptions). A substantial interest exists where the person and spouse have a combined ownership of at least 10% of the voting stock or shares of a business, or either of them is a partner, limited partner or an officer. If you have questions concerning the qualifications of nominees for a Board position, please call the undersigned. Letter to Taxing Entities September 4, 1997 Page 2 SB841 passed by the legislature this year places the County Tax Assessor-Collector on the Board of Directors as a non-voting sixth member. The Assessor-Collector is a member by virtue of the office and does not have to be elected. The nominations for Directors, which must be made in an open meeting of your taxing unit, should be submitted by the presiding officer to the Chief Appraiser in the form of a resolution adopted by the governing body by October 15, 1997, giving the names and addresses of the nominees. The appointment calendar, after nominations, is as follows: By October 30, 1997 By November 15, 1997 By December 1, 1997 Ballots listing nominees delivered to Presiding Officer Entity submits votes by resolution to Chief Appraiser Five (5) nominees receiving largest cumulative vote totals are elected Board takes office for two year term January 1, 1998 The duties of the Board are outlined in Chapter 6, Texas Property Tax Code. If you have any questions, do not hesitate to call the undersigned. Sincerely, ç¡z~~ John R. Marshall Executive Director Chief Appraiser JRM:rnm Encl. Board of Directors Tarrant Appraisal District 1996 - 1997 Gene Miers, Fort Worth, Chairman Joe Potthoff, Arlington, Secretary Tommy Vaughn, Arlington, Member Charles Rogers, Fort Worth, Member Mike Davis, Grapevine, Member "if .~ A ¡> r- ; " ',,'~ (~~ :. ,'; .~ -....- - - ~2.1997 1996 TAXES IMPOSED TAXING ENTITY SCHOOLS: I I ArlinQton I $ 160,719,751 Azle 8,004,556 i Birdville 55,239,292 Carrol 25,158,727 I Castleberry 4,867,271 Crowley 22,903,265 Eagle Mountain/Saginaw 19.414,694 Everman 7,655,221 Fort Worth 172,053,954 GrapevinelColleyville 73,489,186 HurstlEulessl8edford 77,582,520 Keller 26,797,405 Kennedale 5,587,203 Lake Worth 3,166,028 Mansfield 29,914,847 White Settlement 7.452,351 TOTAL SCHOOLS $ 702,006,291 aTI~: I Arlington 62,286,024 Azle 1.437,350 Bedford 6,925,265 Benbrook 4,652,303 Blue Mound 225,426 Colleyville 4,883,477 Crowley 1,115,670 I Dalworthinç¡ton Gardens 265,896 I Edgecliff Village 301,263 Euless 6,208,184 i d. .. Everman"" -. 737,629 I ,. .. Forest Hill _ u.______ ._ 2,053,824 Fort Worth 137,161,045 Grapevine 13,003,904 Haltom City 3,668,822 Haslet 161,223 ~_.- Hurst I 6,695,370 ~:~~ale ~=~~--_~-- ~:~~:= 1=--. Lakeside___. 108,003 ... Lake Worth 525,612 Mansfield __ . 6,308,301 North Richland Hills 10,049,080 I Pantego ....=..~____- _----r----- 655,869 L- ~.- Pelican Bay .. 88,865 ~_ Richland Hills _u____ 1,084,987 I ..__ River Oaks___ -----f---- __ 869,~ Saginaw _._ __...____1--_ __ 1.496,~-=- Sansom Park .., _'_1--_ .h_ _____ 259,2~~ _ Southlake u_...__ __ 5,525,816 I ._. H, Watauga ___._____ 3.489783',213591 1,,__..... Westover Hills I White SettlemenC· -- -- --- ,-- --1,310,523 I ' TOTAL CITIES -- .====-- $ 289,660,897 ¡- OTHER: -- ¡Tarrant County TOTALS I I ! --. f-- 1--- f---- -' -- -- --. -- . -, -.--. -.--- ~ . ----.---- $ $ 125,879,802 1,117,546,990 i . . % OF TOTAL 14.38148% 0.71626% 4.94291 % 2.25125% 0.43553% ' 2.04942% 1.73726% 0.68500% 15.39568% 6.57594% 6.94222°,"" 2.57684% 0.49995% 0.28330% 2.67683% 0.66685% 62,81671% - --- 5.57346% 0,12862% 0.61968% 0.41630% 0.02017% 0.43698% 0.09983% 0.02379% i 0.02696% 0.55552% 0.06600% 0.18378% 12.27340% 1.16361% 0.32829% 0.01443% 0.59911% 0.37638% 0.09109% 0.00966% 0.04703% 0.56448% 0.89921% 0.05869% 0.00795% 0.09709% 0.07781% 0.13393% 0.02319% 0.49446% 0.31258% 0.07858% 0.11727% 25.91935% 11.26394% 100.00000% ~ , VOTES 719 36 247 113 22 102 87 34 770 329 347 129 25 14 '134' - ------"'33 3,141 279 6 31 21 '-------r- ------22' 5 1 1 _.._-'--'~ ~ _. __Hn __') .---- 9 "-'614 58 16 1 30 19 .--,-------- -5 -- - ,-- -.-.. - ~-_.- .- - - - '''-'--2 .._--- 28 -----45 .- -3 --- ...._,-- ,- - _-_....-h--š- --- ----¡- -·'-.......·7 _H - -1 '''-is --·---16 -- ..---------¡- ._-"-~ 1,296 n·. ___ 563 5,000 Tèrrant.rippraisal TEL: Sep 15,97 9:53 ~jo.OOl P.02 Gene Miers 6849 Middle Road Fort Worth, TX 76116 817/732-1289 Education University of Texas at Arlington, B.B.A., Accounting 1973 Texas Christian University, Master of Professional Accounting 1980 CertIfication CPA, State of Texas Professional Experience Weldon Aston & Company Fort Worth, Texas Vice President 1973 to Present As administrative and audit partner of this local CPA firm, am primarily responsible for audit practice, compliance with practice standards and hiring_ Audit clients have included savings and loan associations ranging from $100 to $500 milliqn in assets and construction. manufacturing and real estate companies. Have assisted clients with accounting and tax aspects of mergers, with budgeting, systems development and other areas of financial management, Including the formq,tion of holding companies and with Internal Revenue examinations, Affiliations American Institute of Certlfled Public Accountants Texas Society of Certified Public Accountants Fort Worth Chapter of the Texas Society of Certified Public Accountants Communltv Fort Worth Chapter, TC¡)CaB Society 01 CPNs Adopt-A·School Program Participant FWISD/JA -Basic Business· Course Instructor FWISD Redistridlng Advisory Committee, 1991 Cowtown Optimist Club Finance Committee Chairman, 1991 Board of Directors, Westside YMCA, 1982·1988. Chairman. 1986-1987 Board of Directors, Metropolitan YMCA, 1986·1987 Henry S. Meadows Volunteer of the Year, 1986, Westside Branch YMCA Cubmaster, Pack 26, Ridglea Presbyterian Church, 1984-86 Ridglea United Methodist Church, Finance Committee Chairman, 1983 Ridglea Hills Elementary School Site-Based Management Team, 1986-1987 Member, Monnig Middle School arid Arlington Heights High School PTAs Tarrant.Appraisal TEL: Sep 15,97 9:53 ~jo,OOl P,03 Joe A. Potthoff, AICP .,11 1(1'.)1\ ,'1.17.1 Driv(', ~lIik ¡no .\rli1\:\lon, TX i(JO II . O(fil'(>: (1117}~1 26(;)-- ").(,>'''l.~'' RI'~i<l('I1((~: (1117) P2 trCf- J,(,!" . 7"11 WORK EXPERIENCE: 1985 to Present: Prt!sidenl, ßct7(:!-Pot'.hoff, Inc. A Planning ;¡nd Real Estate Conr;ulting Firm Serving Many Na:ion.1! Client$. Dir~ctor of Planning, Ci~y of ßell~vue. W¡¡shir1gtoll Dire(:tor of PiannÎ r1¡;' CiLy of Arlington, T eX.1S VJrious Posit.ions in Publi<: ,we! Priviltt! Sector in Architecture :lf1d Plannir's Fidd. 19B3 -1985: 1979-19In: 1973-1979: PROFESSIONAL ASSOCIATIONS: · Member of the American Institute of Certified PI¡'!nners · Member of Amcdc-:an Planr.ers Association · P/!sl Member of Instítlll~ of Urban Design, International Downtown executives Association, and Urban and Rl"!:!ionallnformation Systems Association COMMUNITY EX¡)ERI[NCE': · ArHngton Downtown Rotary Club: p"ul Harris Fellow and Distin¡;uished Rotad~n · Rotary District 579 GrOJp Study Exchangt: Program: Past Chairm\1n (1986 - 1990) · River LCB3<:Y foundation ßoa:d oj Directors: Founding Board Member · Arlington Human S~rvices Project: Executive, Coordinating, Criticill IssiJes, and S\riltegic Planning Commitlees P..~+- · Attorney Gcncr¡,'S Child Support En(orc;ement BO.1rd~ard Member · The Wekume House: Past Board Member · Arlington Mayor's Drugs élnd Crime Study Committee: Co·Cnairman · Arlington Substance Abuse Program: Vice Chairman of Citizens Task Force and ..\d Hoc Committee Member · Accent Arlington: Merr.ber ! (~.1d~r~hip Arlington: 198:\ GrCldut\tc · ArHngton Initiàtive: Co-Founder · 'farra:1t 2000 l'ask Force: I)¿¡st Member or County Fací!ities Task forcc · Arlington Alliance: Pil5t Member , Field~r rv',u~o;um FOllf)dation: Ptl~t BO.:lrd ....,1t!rnu~1 · Arlington Chdmber of Commerce: Member · Arlmgtof\ Girls Club: Past ßU.:Jrd Membcr · S,lint Alban's Fp,scopal Church: Past Senior Warden and Vestry 'v\enïbe~ (2 Terms) ACADEMIC EXPERIENCE: · Gr;](Ju.~~ed with High HU:1Ors, B.S. Degree in Archileclur~, U"iv~r5ily u( Tcx¡¡:; at Arlington, 1 cp3. · Member Alpha Chi Cucst 1.~c.;Lurer, UTA Institute of Urban Studies eo.. ð J";,,,I ð' 4/c.J...dl~ .. Studied A.ian and [urope;,HI Architec.:lure and rli1nning as a Professional Member oí Rot.1r'y· InlC!rr\éItiol'i11 Croup Study EXLhange with Sri Lanka and India (ICI'''' ; ":"t4.... w.4.u- II\"!) · ~~.t M.:rnber MENSA ar,d World Fulure Society Tarrant.Rppraisal TEL: Sep 15,97 9:53 l~o.OOl P.04 N A M,g : TOMMY L. VAUGHN ADDRESS: 2111 RIVER BEND ROAD ARLINGTON, TEXAS 76014 TELEPHONE: 817/465-4837 AGE: 44 FAMILY: Wife - Belinda; Children - (4) RESIDENT: East Arl1noton (16 yrs.) EMPLOYMENT: southern Pacific Transportation, Locomotive Enqineer EDUCATION: Tarrant county Junior colleqe, A,A. university of Texas at Arlington, Social work COMMUNITY ACTIVITIES; Arlington Human Service Planners Tarrant County Child Protective services Arlinqton Family Y.H.C.A. Board united way city of Arlinqton Parks Board East Arlington Renewal Arlinqton schools Arlington Chamber of Commerce Arlinqton's 1990 Census count North Central Texas child Welfare council The Women Shelter Ta~rant.AFprais3i TEL: - OC~ì11-85 WED 9:55 CITY FT. WORTH , 'OcT 10 '9S as: 32~M WI1 I(Ie;-. F'W £)(EC (FC Sep 15,97 9:53 No.G01 P,05 FAX 'NO, 8178718148 P,03 P.2/2 . . I' Charlc:s Ro¡cts, a native cf West Texas, had. ~)" been in Fort Wo¡th 20 years when he joined Wm. Rial. REAL TORS u its prc5ideDt in t 987. He Ocpn hia real eeta.to career tn ~ lite 1960's as the propeny maDa6et oCthe FaIt Worth Club Building, but .oon he opened hie own real ~ inveStrneDt and property meœaement firm. . , C.W. ROBers Company spcçi8lized in the mlllllgcment ofbiprllC office bui1dJngs, off~rtn¡ their cUents cxpcnise in leas~ J1C80tJ1ÚODS, project consultation and brokerage. Under 1lolers' direction, the company quickly expanded to mclud~ . branch devoted 10 modemimtioQ contTactors specie1irln¡ in tenant Improvement and the rctI1Q(ie1íng of oldcr "uUdin¡s. The company was recogniacl with Hveralawards tor exœ11ence in this field. Most notab1e of these include the N.P. Andcr,onBulldin¡ and 1he Romùd McDonald House. ROi~r¡ has an extensive civic and pk'of'essional1nvolvcmont in the community. He has been a member of or held leadership positions in the Central Arœ Council of fort Wonh, the Building Owners end Managc:n A3sociation. end Crime Stoppers. He i!I cwrcntly holdin¡ membership in the Fort Worth Chamber of Commerce. ~e Fort Worth Board of Realtors. the Texas Association ofRea1torJ, the: National Association ofR.ea11Ot., end the Building OWners and. Mana¡era Intemational ASsociation. ReletS C1ttm1dy lerves on the boards or the Ronald McDonald HouSe and the Salvation Army. He and his wife Mary hs.ve one son. Benjamin. INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 97-107 \,.-- ~,~ f"\!~ !~/I '_,~ Date: September 22, 1997 Subject: NORTH RIDGE ELEMENTARY SCHOOL TRAFFIC CONCERNS The City Manager's office, Police Department, and the Public Works Department have investigated the traffic flows around the school during school zone hours. On August 21, 1997, we met with Dr. Ray Williams from the Birdville Independent School District (BISO) and discussed possible ways to improve the situation. Several items were agreed upon. 1. The City will restripe the existing two lane/two shoulder section of Starnes Road into a three lane section with a continuous left-turn lane in the middle and a marked shoulder along the south side of the roadway. This will be from Shady Hollow Lane to approximately Kingswood Court. 2. The City will install a rumble strip just prior to the school zone flasher for Holiday Lane traffic northbound. The rumble strip will consist of 4 rows of 4-inch white ceramic traffic buttons approximately 2-inches apart across the northbound half of the street. 3. BISD will discuss and consider extending a driveway on the west side of the elementary school building to provide a continuous paved surface between the north parking lot adjacent to Starnes Road and Holiday Lane. This could provide additional area for parents to let their children out. ,-'---- BISO requested the school flasher on Holiday Lane at Plumwood Drive be moved south to around Teakwood Court. We explained it would cost between $3,500 to $4,000 to move the flasher and would therefore not be recommending it be moved. A multi-way stop at Holiday Lane and Starnes Road is not recommended since the traffic counts do not warrant the additional stop signs on Starnes Road. A mid-block crosswalk on Holiday Lane will not be installed either, due to safety considerations. The City's cost for materials to do Items NO.1 and 2 is $4,000. The work can be completed in two weeks once we start. Eradication of the existing striping is a slow process. Respectfully submitted, GWO/smm ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS C-I T/ 0 t= "-JoØ"A glc+t L.MJ 0 H-( W..S 0TPrt2-UE.? r.2o ~ £_ ~ ~na&,~ Ho(lê-w~'~ ~~~, ~ PRðPO$P ST(2.JPING PA-7íet2-A) u1 1Ù < u1 ~ .J ' uJ U) :J ~ ill :2 ~ ~ ~ § ~ J ~ ..} ~ ~ ~I ~ ~ t! ~ ~ d ~ UJI~ ~ =1= ...} 3 3 ~ a ~ ~ 10 )- Q.\ ~ 3 9 Q \3 a a :±: :J -J - ~ ~ ~ ~ ~ ~ '() \I), ! i r ¡ I I r r;j ~ m I Q -J II J 0 ~ :r f I \f) ¡ I ¡ I I ¡ li i ! I H I I I ¡ II 5' II I I ¡ III /1 ~ '2.' I ¡ 1/ i, 40/ ----/~ - / ç:: S2' / :J ](~ ~/ ./ \. ¡' "''\, :"-."\ ") " :"-. 8 ~1,~ )1 Ii' ¡ , i . , ~ -<: ~ , ", r\, : -,-:, >:' ~ \ .....J" I Q! X---', l' , r / ,/! ..-'~.< l,r~,( ~'~. ~ . ~ v INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 97-104 ~ ./ ;.;\ Date: September 22, 1997 Subject: Special Presentation - Distinguished Budget Presentation Award for Fiscal Year 1996-97. The City of North Richland Hills received the Distinguished Budget Presentation Award for its Comprehensive Annual Budget for the fiscal year beginning October 1, 1996. The Budget Award is a prestigious national award presented by the Government Finance Officers Association (GFOA) recognizing conformance with the highest standards for preparation of exemplary budget documents. The Distinguished Budget Presentation Award is valid for a period of one year only. The City has received a Distinguished Budget Presentation award for the last seven consecutive years. In 1982, the Government Finance Officers Association's Committee on Government Budgeting and Management began a series of studies regarding "good budgetary practices." One result of this study was a conclusion that the association should formally encourage exemplary budgeting practices. The GFOA Executive Board approved the introduction of an Awards Program for Distinguished Budget Presentation that would recognize exemplary efforts by governments and nonprofit organizations. Governments participating in the program submit copies of their approved budget documents for review by an impartial panel of budget experts. Each budget document is evaluated using a comprehensive checklist with four major categories, These major functions include the document as a policy tool, an operations guide, a financial plan and a communications medium. The focus of the Budget Review program is on the management elements of the budget document and its effectiveness in a policy and public environment. Its emphasis on Performance Measures bring accountability to government through documentation and further assist City Council and Management through long range policy planning for the City's future. It is generally found that jurisdictions whose budget documents are properly prepared tend to avoid many of the common weaknesses in governmental financial management. The program encourages participants to address the needs of elected officials, the public and interested parties in the financial policies of the City, and encourages guidance in operations improvements. It helps avoid the tendency of budgets to become static, directionless financial documents. A good budget document also provides an excellent opportunity to communicate with the public, the financial community and the press. It reinforces the needs of nontechnicians to obtain a general understanding of governmental finance through the budget document. Anita Thetford, Finance Director for the City of Hurst and North Representative for the Texas GFOA will be at the Council meeting to present the Distinguished Budget Award to the City. No action is needed by Council, but we do commend Debbie Durko, Budget Coordinator, and the Budget staff for their professional efforts in the City's receiving this prestigious award. Respectfully submitted, ~~ Larry Koo ce Director of Finance 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 - SEPTEMBER 8,1997 - 6:15 P.M. Tommy Brown Lyle E. Welch Mack Garvin JoAnn Johnson Byron Sibbet Cheryl Cowen Lyman Larry Cunningham Randy Shiflet Patricia Hutson Rex McEntire Marty Wieder Kevin Miller Thomas Powell Barry LeBaron Pam Burney Larry Koonce Jim Browne Richard Albin Mayor Councilman Councilman Councilwoman Mayor Pro T em Councilwoman City Manager Assistant City Manager City Secretary Attorney Economic Development Director Assistant Public Works Director Support Services Director Planning/lnspection Director Environmental Services Director Finance Director Parks and Recreation Director City Engineer Frank Metts, Jr. Councilman I ITEM I DISCUSSION I ASSIGNMENT I CALL TO ORDER Mayor Brown called the meeting to order at 6:15 p.m. FLAMINGO Mayor Brown advised that Staff had received GREG D. EST A TES/OAK two petitions. One petition was in favor of FYI HILLS ADDITION, closing access to Precinct Line Road until Oak SECTION II, Hills Addition is complete. The second petition REMOVAL OF was to leave access to Precinct Line Road BARRICADES open. City Attorney McEntire advised the Council that the construction was complete Pre-Council Minutes September 8, 1997 Page 2 I ITEM I DISCUSSION I ASSIGNMENT I FLAMINGO and the City had taken down the barricades. EST A TES/OAK Mr. McEntire advised once the City accepts the HILLS ADDITION streets and utilities, there is no legal basis to (Continued) leave the barricades up. Mr. McEntire advised the Council that because there were citizens who did not want the barricades replaced, and the City had accepted the streets and utilities, the City did not have a reason to put the barricades back up. CONSIDERATION Mr. Shiflet highlighted the proposed Nuisance BARRY IPAM OF NORTH and Junked Vehicles Ordinances. Mayor Pro IJERRY RICHLAND HILLS Tem Sibbet wanted the following changes FYI NUISANCE CODE made to the Nuisance Ordinance: (1) Page 4, - ORDINANCE Section 3(f) remove the word "extremely" from NO. 2233 the sentence; (2) Page 5, Section 3(1) add to AND end of the sentence "or to permit the discharge CONSIDERA TION of water onto a major collector street on the OF AN Thoroughfare Plan during periods of weather ORDINANCE TO when the temperature is above freezing"; and ESTABLISH (3) Page 5, Section 3(m) add verbiage to REGULA TIONS include any cigarette items, products or REGARDING packaging. The Council discussed Section 3 JUNKED (n) - whether cars should be placed for sale on VEHICLES - a parking lot with the owner's permission. The ORDINANCE NO. consensus of the Council was to leave Section 2234 3(n) as is. Changes were made to the Nuisance Ordinance at the Council Meeting. .._~-~._..._."-"~-~~._,._--,._.,,--_.._----_.._. Pre-Council Minutes September 8, 1997 Page 3 I ITEM I DISCUSSION I ASSIGNMENT I CONSIDERATION The Finance Director briefed the Council on LARRY K. OF ACTION ON the background of the bonds. Mr. David Please handle. ALL MATTERS Medanich, First Southwest, advised the City PERTAINING TO had bonds outstanding that ranged in interest THE AWARD AND from 6% to 6.75%. These bonds were SALE OF refunded at an average rate of 5% resulting in GENERAL a $215,000 savings over the life of the issue OBLlGA TION with a net present value benefit of 3.8%. He REFUNDING advised the refunding would be beneficial to BONDS, SERIES the City and his recommendation was to 1997 & ADOPTION accept the bid of Rauscher Pierce Refsnes, OF ORDINANCE Inc. and Southwest Securities, Inc. There NO. 2238 were no questions from the Council. AUTHORIZING THE ISSUANCE OF THE BONDS AND APPROVING BANK ONE TEXAS NA, FORT WORTH AS PAYING AGENT REGISTRAR AND ADOPTION OF RESOLUTION NO. 97 -40 PROVIDING FOR THE REDEMPTION OF CERTAIN OUT- STANDING BONDS OF THE CITY Pre-Council Minutes September 8, 1997 Page 4 ! ITEM I DISCUSSION I ASSIGNMENT I AMENDMENT TO Mr. Wieder advised that the Finance, Fire, MARTY APPLlCA TION Police and Public Works Departments had Follow up as FOR TAX reviewed TECNOL'S revised expansion plans necessary . ABA TEMENT BY and are in agreement that there will be no TECNOL, INC. - measurable service impacts. He advised RESOLUTION NO. TECNOL was also aware that the need to 97 -41 relocate or add water lines may require drainage improvements. They are aware these improvements will be at the owners expense. There were no questions from the Council. AUTHORIZATION The Parks Director explained TxDOT's JIM B. FOR TXDOT TO requirements for bidding the project. He Proceed with TXDOT BID NORTH explained the three options outlined in the ELECTRIC TRAIL cover sheet. Mr. Browne advised Staff's recommendation was to proceed with Option 1 and if needed. Staff will seek further Council direction later. Mr. Browne advised the Council that the Parks Department had received a grant for the 100 Acre Park. OTHER ITEMS Councilwoman Lyman advised that the city PAM employees are participating in the Meals on FYI Wheels program. She requested the Council to contact Pam Burney and to also volunteer their services during the next two weeks. The Council was invited to the organizational JAMES S. meeting of the Teen Advisory Committee FYI September 18 at 6:00 p.m. in Pre-Council. Pre-Council Minutes September 8, 1997 Page 5 ITEM DISCUSSION ASSIGNMEN I OTHER ITEMS Mayor Brown discussed the Children's NAN (Continued) Advocacy Center and the opposition the Center has come up against. Mayor Brown asked the Council if they would be receptive to it being located in North Richland Hills if the City of Hurst rejects them. Several Council members were receptive to the Mayor's request. Councilwoman Lyman advised that "Make A NAN Difference Day" is October 25. AGENDA ITEM NO. 11, PS 96-33 - BARRY/JIM B. City Manager Cunningham explained that FYI when the plat went to the Planning & Zoning Commission, the details of the park land had not been worked out. Staff has met with the owners and they have agreed to adjust some lots to allow for the land needed for the park. Mr. Cunningham advised the Council needed to mention this adjustment in their motion. ADJOURNMENT Mayor Brown adjourned the meeting at 6:52 p.m. Tommy Brown - Mayor ATTEST: Patricia Hutson - City Secretary MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - SEPTEMBER 8,1997 -7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order September 8, 1997 at 7:30 p.m. ROLL CALL Present: Tommy Brown Lyle E. Welch Mack Garvin Frank Metts, Jr. JoAnn Johnson Don Phifer Byron Sibbet Cheryl Cowen Lyman Staff: Larry Cunningham Randy Shiflet Patricia Hutson Rex McEntire Mayor Councilman Councilman Councilman Councilwoman Councilman Mayor Pro Tem Councilwoman City Manager Assistant City Manager City Secretary Attorney Councilman City Engineer 2. INVOCATION Absent: Frank Metts, Jr. Greg Dickens Councilwoman Johnson gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS No action necessary. City Council Minutes September 8, 1997 Page 2 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (7,8,25,26,27,29,31,32,33,34,35,36 & 37) Councilwoman Johnson moved, seconded by Councilwoman Lyman, to approve the Consent Agenda. Motion carried 6-0. *7. MINUTES OF THE PRE-COUNCIL MEETING AUGUST 25,1997 APPROVED *8. MINUTES OF THE REGULAR MEETING AUGUST 25, 1997 APPROVED 9. PZ 97-37 - PUBLIC HEARING TO CONSIDER THE REQUEST OF REBEL PROPERTIES TO REZONE PARTS OF LOTS 26 & 27, BLOCK 1, THOMPSON PARK ESTATES FROM R-1 RESIDENTIAL TO C-1 COMMERCIAL- ORDINANCE NO. 2232 (LOCATED AT 6225 PRECINCT LINE ROAD) APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak for or against to come forward. Mr. Mark Howe, representing the applicant, appeared before the Council and was available for any questions. There being no one wishing to speak Mayor Brown closed the Public Hearing. City Council Minutes September 8, 1997 Page 3 Mayor Pro Tem Sibbet moved, seconded by Councilman Garvin, to approve Ordinance No. 2232. Motion carried 6-0. 10. PS 97-20 - REQUEST OF H & M FOOD SYSTEMS COMPANY FOR A REPLA T OF LOT AR, BLOCK 3, INDUSTRIAL PARK ADDITION. (LOCATED AT 6350 BROWNING COURT) APPROVED Mayor Pro Tem Sibbet advised he had concerns about the run off issues that were addressed by staff in the packet of information provided to Council. He was also concerned with the sheet flowing of water onto the adjacent property owners' property. He advised that this run off needed to be environmentally safe. City Manager Cunningham assured Council that the drainage issues have been resolved. The agreement reached is included in the Council's information packet. Councilwoman Lyman moved, seconded by Councilwoman Johnson, to approve PS 97-20. Motion carried 6-0. 11. PS 97-33 - REQUEST OF SANDLIN-BARFIELD JOINT VENTURE FOR A FINAL PLAT OF THORNBRIDGE PHASE V (LOCATED IN THE 8900 BLOCK OF THORNWA Y DRIVE) APPROVED Councilman Garvin moved, seconded by Councilman Welch, to approve PS 97-33 with the adjustment to the lots in Block 1 in accordance to the letter from Mr. John Barfield agreeing to the revised Lots 14 through 24, Block 1 and including the engineer's comments. Motion carried 6-0. City Council Minutes September 8, 1997 Page 4 12. PS 97-35 - REQUEST OF STAR ENTERPRISE FOR A FINAL PLAT OF LOT 1, BLOCK 1, E-SYSTEMS ADDITION (LOCATED AT THE NORTHEAST CORNER OF MID-CITIES BOULEVARD AND DAVIS BOULEVARD) APPROVED Councilwoman Johnson moved, seconded by Councilman Phifer, to approve PS 97-35. Motion carried 6-0. 13. GN 97-89 - CONSIDERATION OF NORTH RICHLAND HILLS NUISANCE CODE - ORDINANCE NO. 2233 APPROVED Mayor Pro Tem Sibbet moved, seconded by Councilwoman Johnson, to approve Ordinance No. 2233 with the following changes: Page 4 3(f) remove (extremely) from sentence. Page 5 Section 3(1) Continue sentence with or, permitting a lawn iffigation system to spray or overflow water during periods of weather where the temperature is above freezing into a public street designated as C4U, M4U, M5U, M4D, M6D, or P6D on the Thoroughfare Plan. Section 3(m) continue sentence with or, the littering of any public place, public building or public vehicle with any tobacco products or with any tobacco product packaging. Section 3(0) change to "The parking, standing, or storing of a vehicle in the yard with the exception of R-1-S Zoning front yard adjacent to a street of any residentially zoned or residentially used property". Motion carried 6-0. 14. GN 97-90 - CONSIDERATION OF AN ORDINANCE TO ESTABLISH REGULATIONS REGARDING JUNKED VEHICLES - ORDINANCE NO. 2234 APPROVED City Council Minutes September 8, 1997 Page 5 Councilwoman Johnson moved, seconded by Councilwoman Lyman, to approve Ordinance No. 2234. Motion carried 6-0. 15. GN 97-91 - CONSIDERATION OF ACTION ON ALL MATTERS PERTAINING TO THE AWARD AND SALE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 1997 AND ADOPTION OF ORDINANCE NO. 2238 AUTHORIZING THE ISSUANCE OF THE BONDS AND APPROVING BANK ONE, TEXAS, N.A. FORT WORTH AS PAYING AGENT /REGISTRAR. APPROVED Mr. David Medanich, First Southwest, appeared before the Council. Mr. Medanich recommended the Council accept the bid of Rausher Pierce Refsnes, Inc and Southwest Securities, Inc., at a true interest rate of 5.0633393% for the $5,455,000 General Obligation Refunding Bonds, Series 1997. Councilman Phifer moved, seconded by Councilwoman Lyman, to approve Ordinance No. 2238, and accept the bid of Rausher Pierce Refsnes, Inc and Southwest Securities, Inc., at a true interest rate of 5.0633393% for the $5,455,000 General Obligation Refunding Bonds, Series 1997. Motion carried 6-0. 16. GN 97-92 - ADOPTION OF RESOLUTION NO. 97-40 PROVIDING FOR THE REDEMPTION OF CERTAIN OUTSTANDING BONDS OF THE CITY. APPROVED Councilwoman Lyman moved, seconded by Councilman Phifer, to approve Resolution No. 97-30. Motion carried 6-0. Mayor Brown moved Agenda Item No. 28 to this point in the agenda. City Council Minutes September 8, 1997 Page 6 28. GN 97-104 - AMENDMENT TO APPLICATION FOR TAX ABATEMENT BY TECNOL, INC. - RESOLUTION NO. 97-41 APPROVED Councilwoman Johnson moved, seconded by Councilman Garvin, to approve Resolution No. 97-41. Motion carried 6-0. 17. GN 97-93 - PUBLIC HEARING FOR THE 1997/98 ANNUAL OPERATING BUDGET APPROVED City Manager Cunningham presented the Council with the 1997-98 Budget Video. Finance Director, Larry Koonce appeared before the Council and gave a brief overview of the proposals and highlights of the 1997-98 Budget. Mayor Brown opened the Public Hearing for the 1997/98 Operating Budget. There being no one wishing to speak Mayor Brown closed the Public Hearing. Mayor Pro Tem Sibbet moved, seconded by Councilman Welch, to approve GN 97-93. Motion carried 6-0. 18. GN 97-94 - APPROVAL OF THE 1997 CERTIFIED TAX ROLL- RESOLUTION NO. 97-38 APPROVED Councilwoman Lyman moved, seconded by Councilwoman Johnson, to approve Resolution No. 97-38. Motion carried 6-0 City Council Minutes September 8, 1997 Page 7 19. GN 97-95 - AUTHORIZING HOMESTEAD, OVER 65 AND DISABILITY EXEMPTIONS FROM AD VALOREM TAXES - ORDINANCE NO. 2235 APPROVED Councilwoman Johnson moved, seconded by Councilwoman Lyman, to approve Ordinance No. 2235. Motion carried 6-0. 20. GN 97-96 - ADOPTING THE TAX RATE FOR 1997- ORDINANCE NO. 2236 APPROVED Councilwoman Lyman moved, seconded by Councilman Phifer, to approve Ordinance No. 2236. Motion carried 6-0. 21. GN 97-97 - ADOPTING THE 1997/98 BUDGET- ORDINANCE NO. 2237 APPROVED Mayor Pro Tem Sibbet moved, seconded by Councilwoman Lyman, to approve Ordinance No. 2237. Motion carried 6-0. 22. GN 97-98 - ESTABLISHMENT OF AN EQUIPMENT REPLACEMENT AND BUILDING MAINTENANCE FUND - RESOLUTION NO. 97-39 APPROVED Councilwoman Lyman moved, seconded by Councilwoman Johnson, to approve Resolution No. 97-39. Motion carried 6-0. , ..~_._--_.._" .----""_._.~--~_. .._-..,".~.._--.~._~,~-- City Council Minutes September 8, 1997 Page 8 23. GN 97-99 - APPOINTMENTS TO THE CRIME CONTROL & PREVENTION DISTRICT APPROVED Councilwoman Johnson moved, seconded by Mayor Pro Tem Sibbet, to appoint Councilman Welch to Place 2, Councilman Phifer to Place 4, and Councilwoman Lyman to Place 7 on the Crime Control and Prevention District Board of Directors for a two year term of office. Motion carried 6-0. 24. GN 97-100 - APPOINTMENT TO THE TEEN COURT ADVISORY BOARD APPROVED Councilman Garvin moved, seconded by Councilwoman Johnson, to appoint Ms. Lucy Wolfe to Place 2 on the Teen Court Advisory Board. Motion carried 6-0. *25. GN 97-101 - CONTRACT WITH TEXAS DEPARTMENT OF HEALTH FOR REMOTE BIRTH ACCESS APPROVED *26. GN 97-102 - TARRANT COUNTY AUTO THEFT TASK FORCE INTERLOCAL AGREEMENT - RESOLUTION NO. 97-43 APPROVED *27. GN 97-103 - REVISING TEXAS PARKS AND WILDLIFE GRANT RESOLUTION FOR THE THORNBRIDGE NEIGHBORHOOD PARK _ RESOLUTION NO. 97-42 APPROVED City Council Minutes September 8, 1997 Page 9 28. GN 97-104 - AMENDMENT TO APPLICATION FOR TAX ABATEMENT BY TECNOL, INC. - RESOLUTION NO. 97-41 APPROVED Item heard earlier in the Agenda. *29. GN 97-105 - AUTHORIZATION FOR TXDOT TO BID NORTH ELECTRIC TRAIL APPROVED 30. GN 97-106 - APPOINTMENT TO PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION APPROVED Mayor Pro Tem Sibbet moved, seconded by Councilwoman Johnson, to appoint Mr. Larry Cunningham as President and Mr.. Randy Shiflet as First Vice-President to the Park and Recreation Facilities Development Corporation. Motion carried 6-0 30a. GN 97-107 - LOCAL LAW ENFORCEMENT BLOCK GRANT - PUBLIC HEARING APPROVED Mayor Brown opened the Public Hearing. There being no one wishing to speak Mayor Brown closed the Public Hearing. Mayor Pro Tem Sibbet moved, seconded by Councilman Garvin, to approve GN 97-107. Motion carried 6-0. City Council Minutes September 8, 1997 Page 10 *31. PU 97-70 - AUTHORIZATION TO PURCHASE AUTOMATIC EXTERNAL DEFIBRILLATORS FROM PHYSIO CONTROL IN THE AMOUNT OF $15,103 APPROVED *32. PU 97-71 - AUTHORIZATION TO PURCHASE SIGN LAB EQUIPMENT THROUGH STATE OF TEXAS COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF $13,500 APPROVED *33. PU 97-72 - AWARD BID FOR POLICE PROPERTY BUILDING TO SPEED FAB-CRETE CORPORATION IN THE AMOUNT OF $345,150 APPROVED *34. PU 97-73 - AWARD BID FOR THE FIRE/PUBLIC SAFETY BUILDING TO PETE DURANT AND ASSOCIATES IN THE AMOUNT OF $734,300 APPROVED *35. PU 97-74 - AUTHORIZATION TO PURCHASE MOBILE DATA TERMINALS FROM MOTOROLA IN THE AMOUNT OF $42,420 APPROVED *36. PAY 97-11 - APPROVE PAYMENT OF $13,000 TO M.A. VINSON CONSTRUCTION CO., INC. FOR THE RODGER LINE DRIVE PARKWAY RESTORATION PROJECT APPROVED *37. PAY 97-12 - APPROVE FINAL PAY ESTIMATE NO.5 IN THE AMOUNT OF $8,818.66 TO YOKO CONSTRUCTION, INC. FOR MISCELLANEOUS DRAINAGE IMPROVEMENTS APPROVED 38. CITIZENS PRESENTATION None. 39. ADJOURNMENT Mayor Brown adjourned the meeting. City Council Minutes September 8, 1997 Page 11 Tommy Brown - Mayor ATTEST: Patricia Hutson - City Secretary CITY OF NORTH R/CHLAND H/LLS Planning & Inspections Council Meeting Date: Department: Subject: Pllhlir'. Hp~ring to Conc;;der the Req'lec;t of lanet Golightly Agenda Number: to Rezone Lots 2, 3, 4, & 5, Block 2, Northridge Addition from R-3 Single Family Residential to R-4-D Duplexes. (Located in the 5300 Block of Northridge Drive) Ordinance No. 2240 9/22/97 PZ 97-38 Janet Golightly has proposed acquisition of the four vacant residential lots contingent upon successful rezoning of the property. The area to the north and to the east are currently zoned R-3 Single Family Residential and developed with single family residences. The property immediately to the south is zoned R-7 Multi-family and is the location of the Northridge Village Apartments. The property to the west (across the street) is currently zoned R-6-T Townhomes and has a series of duplexes built at this location, In the past, duplexes could be built in the townhome zoning district. Under current zoning regulations, duplexes are only allowed in the duplex zone. The NRH Master Plan shows this area as a low density residential area. Notices have been sent to all property owners owning property within 200' of the four lots being considered for rezoning. Staff has not received any adverse comments regarding this rezoning request. The Planning & Zoning Commission considered this zoning request at its September 11, 1997 ',- meeting and recommended approval. RECOMMENDA TION: It is recommended that the City Council hold the required public hearing and consider the recommendation of the Planning & Zoning Commission. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget _ Other ;:g '-- 'E~part~en~Signeture R C~ CITY COUNCIL ACTION ITEM FI.....c:e DIreClOt Page 1 of ORDINANCE 2240 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 97-38, the following described property shall be rezoned from R-3 Single Family Residential to R-4-D Duplexes. Lots2, 3, 4 and 5, Block 2, Northridge Addition. 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, 2240 Page 1 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 11th DAY OF September 1997. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 22ND DAY OF September 1997. ATTEST: Mayor City of North Richland Hills, Texas City Secretary City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No, 2240 Page 2 C-2 1<413 ........._'_...........~:.:.:.:~=.:.:.:;..:: .... fA-", ~ f.-ì"M? ,. R-7 Mf .00 't~ ~u.,., , .. .. C- t. J"41 --,,,,,- ..'L'·"·'·"..,..·..,"- ..","'" 'ÙíN';j)'Ä to-A 7 <:)\ I? [\. : \'~\()~ )'V .~û¿o\o IN. I JCI -- --- 0 lOA > ". < I. IJI I. ". VI II C-2 CD r- ... , . < 0 "C ." ~ ... ... .Q .... . c;D 0 " , ),I') :: . >;'nT '17 I i.! Ll I i - ¡-;-n:"T! " 7\i I 1:) I "f I .:¡! "J 'II) I ,.. III'; ¡' ¡Ii ,I!,! \,,~; R---l--'¡::: -1yi:R~I·II~~!JI,(~,S 1v-.:¡~ i '., "l " ~:" i" . r~. 0, i ~~J') ~ \ /, ; ;:! ~: ' I~ Co, : ..~-¡ ~>Çl <~,!- ~I ;1 Ii:'; ~ '- v ,0 ,', i -: ; 1 ¡' :,. '1 ¡-'I I' I -I II::: -', 1,1, I i:-< II IU: '! 1 't , I ! I ~ ----J I S¡1."""""l~. ¡ J"¡ JTu r ----:8,-.- , " õ I ' " R- 3 J~, . (0 \ , o I , ;v' , . \" . " /. .. ¡. ", ~ ~ )'If ¡¡·3 -I ',1137 :,..... '~.''''I.'j ~I, 'Ollf '-. I I:''': (....~... '- n c. r,' /liYf , ,/ \--fi : I"~, " f' "'''''' ""'1;;1, ¡ i'I R·3 1-: ,., _'" R...:..3""',',, : ~--,17J7., < 1._ A ItW.O.Q:D=.R!J ~:~-::~::::::'::;::':"::::::::':: 2 :.::.::~::..:..::...~:; "r-,:{·!,~~J;~~~-L~J [ - --'-~l! - ;/i 1.. "" O .. " 7. " to "--'- 10 JJ --- J7 >Ie ---. )I -.-- '0 Ii lR }O I. o . --....--.- 11 --!.... _.L -L- _.~- -,)- -.-' - I -,- I' ---- II I. .- '--... I [\\..¿._. 10 ...\:':) " 0\' . -1.;_ 1.' '.10 10 .. .. " ..---. ::: --- 1/ Z 71 0 ~- . It 7' -- II .. ,. JI IU .. 71 '--jO',- -'rr- -- JI ',1- II -'-- -/4" 'Ii -7S- ~~ 'I " ~!!- r ~ .---- - ~ ,&~ R-' J . Jt i " ,,\ \ \ \\. . , ~)\, /~ '.\\J\'\\\ /' R-7-MF R-7-MF 7 ---- ,'.1· l\,., <, ,\:'" !' ¡I ~ ',\\ I "':' ", 'I I ~ I I ..,.:,1..0'-.,,_ ~ fL-.J ., "II Or _, ~~-:-;¡: r~¡--I, I , ¡, ,.-'" , I''': '" I I ., \ ! : I I (. " ':1, /' :ð I W' ¡ !' J t ' , ..,,' iJ1" II 11 j!J , : ¡ I', ... , < I' It. ; ,- Q <., " ~. " '" OJ, '" ". '-' III !l.l , , I I ~-'--._-,_._j-,--.. " " .. I ,ME " ,; c ;" : I.' o c u " ", " II I I " t , I :, I I I ~ ~ ,:·",,,/¡r'-.===") r-;----- ,f 1) "/ NRH APPLICATION FOR A ZONING DISTRICT CHANGE City of North Richland Hills 7301 NE Loop 820 North Richland Hills, Texas (Please print or type all responses) PART 1. APPLICANT INFORMATION 817-581-5500 Name of applicant / agent: .'^ C ..J- 7 ¿J PART 2. PROPERTY INFORMATION Telephone number of ap licant / agent: f/? ~ Street address at location where zoning district change is being requested: ~3L/D J"3c.jLj J]3 L/ g Legal Description of Property where zoning district change is being requested: J..- ~ 3 L-- Proposf:Jd zoning classificdtion: !<.LfiJ .J ~ Ii LJ No PART 3. PROPERTY OWNER INFORMATION ame of property owner: Street address of property owner: . t"L I City / State / Zip Code of property owner: Telephone number of property owner: vIto Note: Attach Ie er or affidavit from property owner if different from applicant / agent: Date: r- ?-1~q1 I hereby certify that I am. or represent. the legal owner of the property described above and do hereby sub it this request for approval of a zoning district change to the Plan I and Zoning Commission for consideration. Print Name: Signature: / PART 4, FOR OFFICE USE ONLY Date of Planning & Zoning Commission Public Heanng: ~- /(-17 Date of q ~u~ ìb~ 9a7: Zoning District Change Approved: ! i Yes ¡; No nditions of Approval: Taxes ~ Yes No capZmberq7 _ 3 Ö - : ¡ Yes Fee: I I No :! Yes '---' ¡:!NO ~ $300.00 This application will not be scheduled for public hearing until application fee is received. Zoning District Change CD - 407 (2/97) CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Council Meeting Date: 9/22/97 Subject: PllbliC J;~arina to Consider the Req'lE'st of North Texas Big Agenda Number: Dawgs, Inc., to Rezone a Portion of Lot 3R, Block 2, Walker Branch Addition from OC Outdoor Commercial to C-2 Commercial. (Located in the 8000 Block of Grapevine Highway) Ordinance No. 2239 PZ 97-39 North Texas Big Dawgs, Inc., is proposing to construct a fast food restaurant on this site which is across the street from the NE campus of Tarrant County Junior College and adjacent to the Southwest Golf & Bat. The properties on the north side of Grapevine Highway are zoned OC Outdoor Commercial and a restaurant is not a permitted use in the OC zoning district. The North Richland Hills Master Plan shows this area as a future low density residential area. However, other developments have occurred in this area which suggest that the area has greater commercial potential than for single family residences. Approval of Ordinance Number 2239 will amend the NRH Master Plan at this location. Notices of the public hearing have been mailed to all property owners within 200' of the proposed request. Staff has received no adverse comments regarding this rezoning request. The Planning & Zoning Commission considered this zoning request at its September 11, 1997 meeting and recommended approval. RECOMMENDA TION: It is recommended that the City Council hold the required hearing and consider the recommendation of the Planning & Zoning Commission. Finance Review Source of Funds: Bonds (GO/Rev.) _ g¡h~g Budget ft--r:?~ ~p~m~nt Head Signature CITY COUNCIL ACTION "EM Acct. Number Sufficient Funds Available £C~ Fln...ce Oirect., Page 1 of ORDINANCE 2239 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. THA T, in Case Number PZ 97-39, the following described property shall be rezoned from OC Outdoor Commercial to C-2 Commercial: Being a tract of land out of Lot 3R, Block 2, WALKER BRANCH ADDITION, to the City of North Richland Hills, Tarrant County, Texas as recorded in Cabinet A, Slide 2941, PRTCT and being more particularly described as follows: Being at a 1/2" Iron Rod in the northerly ROW line of S.H. 26 (Grapevine Highway) and being N 44° 45'21" a distance of 699.91 feet from the southwest corner of Lot 3R, Block 2, Walker Branch Addition; Thence N 45° 14'39" W, a distance of 62.07 feet to a 1/2" Iron Rod for an angle point; Thence N 9° 18'16" W, a distance of 71.23 feet to a point for a corner; Thence 44° 45'21" E, a distance of 53.19 feet to a point for a corner; Thence 45° 14'39" E, a distance of 119.74 feet to a point for a corner, said point being in the northerly ROW line of S.H. 26; Thence S 44° 45'21" W. with the northerly ROW line of S.H. 26, a distance of 95.00 feet to the Point of Beginning and Containing 10,170 square feet of land more or less. Ordinance No. 2239 Page 1 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. THAT, the North Richland Hills Master Plan be amended to incorporate this proposed change in future land use. 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. Ordinance No. 2239 Page 2 APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 11th DAY OF September 1997. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 22ND DAY OF September 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. 2239 Page 3 f.' ø ..~ \UI ;Lt<f:R L ·11AVE.'<" 5~ ib5e V \6 72 ....: \~ ---~ -------- ¡q:¡-t. --.-=.~ - --------- + ----- fR. ~B 21 ]5 Ac 1 TA,AI! 13.17 AC ---0--______[ ------- fA.5A ]~.. Ac - t--- - _ J: - - - --o-,:~~- TR,S 40 _., . 1 fR." ,e. n."@ :1 ,,,. , , ...r, " ... , ' ...... I ',', ... , ' ... , , ... ' , ... ' , ... ' , ... ' , ... ' , ... ' , ...... I " ' ...... I " ,-1",/ ~ ... ËI ~ ~~ u % ,,' ~I~ ... % H ... U "" ~I ~ " ~I , , " I §I "<:1.. :"'E~51 TA>tl " ~oR I ~ III I~ 'I ' I I I t<>, , , , , , , , , , '............: ....." I ...... , " " - 3 'j'"" ['" " ".........~ ,- ",'" " f',,,, , ì't )( ~,OO~ II U~4C JM q, t/I/tJ.@, IS' ~ø ~~~" C 'fir. . <co( L "uRV(, 3 5 .65 V· .. ~ upu5 cþ.r' II I ,. TRACT 1- - flUCT ThIs la. _ao wa. co~oll.d aol.ly foe lha usa of ¡errant Appcels.1 DIstrict who assu~.s no responsibIlity for the content or accurlCY other than th~ tlse intended W.E -'=~~ ~ ... _ é ,Q ~ _ W- c: / y ~ R25.00 r-- WALK ()) IN ,.... P'RŒZÐ! ,.... 12' F-F w 0c)) " oÖ pi') 0 . N ~ -- CO CO 48'X40' .,... in l 0 COMMON 10 ACCESS ~ ~ EASEMENT C/) . R 13.00 ÒI n ~ .... R 10.00 in 0 ~ n z S 44· 45' 21" w- P.O.B. R10.00 R20.00 STEVEN R. HESTER 8707 GRAPEVINE HIGHWAY NORTH RICHLAND HILLS, TEXAS 75180 (817)428-8919 10,170 SF c::J -- ::n ::n .. STATE HIGHWAY #26 (GRAPEVING HIGHWAY) - , ..... ..... '::J .,~ :>1 '- -:: --~--'._--"--~ NltH APPLICATION FOR A ZONING DISTRICT CHANGE City of North Richland Hills 7301 NE Loop 820 North Richland Hills, Texas (Pleasa print or type aU responsas) 817-581-5500 PART 1. APPLICANT INFORMATION V Co\. ,,,u,:; r I,,-c Telephone number of applicant / agent: ... ¿/3C -GC £ y..,.1..,/ ~ Surveyor map attached as required by application: ~es 'I No . ~ L--- No PART 3, PROPERTY OWNER INFORMATION ame of property owner: ~O¿p €; ð/;r /Á~/LL/ hVe£~JTE"Æ Street address of property owner: 8g51 ~~I///I/¿ #vu¿ City / State / Zip Code of property owner: Telephone number of property owner: /f/ "e Ie/J/~IJ/J Jh~L9 ,7Æ: C! ~ /'f. Note: Attach letter or affidavit from property owner if different from applicant / agent: Date: R- r2'Î- 9'7 I hereby certify that I am, or represent. the legal owner of the property described above and do hereby submit this request for approval of a zoning district change to the Planning and Zoning Commission for consideration. Prinl Nam. L?c.6'é.!!.T ,d. ÆL~¡¡g¡iE~.zz: Signal""'~ tl. .>? PART 4. FOR OFFICE USE ONLY Date of Planning & Zoning Commission Public Hearing: 9- J)- q7 Date of City Council Public Hearing: Cf- })...-tt7 Taxes Paid? . Yes C{ I) ~~9 : No Fee: .--.i Yes '~NO Zoning District Change Approved: _ Yes U No :ditions of Approval: $300,00 .---, Yes -¡ No _..J This application will not be scheduled for public hearing until application fee is received. Zoning District Change CD - 407 (2/97) CITY OF NORTH RICHLAND HILLS Department: Legal Council Meeting Date: 09/22/97 Subject: Interlocal Agreement with the City of Watauga for the Agenda Number: GN 97-83 Purchase of Fuel from North Richland Hills - Resolution No, 97-36 (Postponed August 25, 1997) The City was recently contacted by the City of Watauga requesting that we research the feasibility of permitting them to fuel their vehicles at our Service Center Complex until they are able to install a new fleet fueling system, The Director of Support Services determined that we could meet their needs and cover our expenses by adding ten cents ($.10) per gallon to the cost we pay for fuel. The Director then met with Watauga representatives and reached an agreement to provide access, reporting and billing for this amount. This arrangement will not have any adverse impact on our normal operation and the additional cost per gallon will cover our expenses for purchasing, invoicing and maintaining the records for Watauga, Watauga anticipates having their new fueling system in operation by spring so the agreement has been drafted to be effective for a period of one year. Further studies have been done and the normal fueling times for their vehicles will not create any delays for our personnel. The attached Interlocal Agreement deals with this purchase of fuel from our City by the City of Watauga. , '"he Director of Support Services has worked out the details which are embodied in the Interlocal ~:r-Agreement. Recommendation: It is recommended that the City Council pass Resolution No, 97-36 authorizing the Mayor to sign the Interlocal Agreement. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Bud " à ~,- , Other c:::- / 'y /~ -. ,Æ:C-~ epartment Head Signature C anager CITY COUNCIL ACTION ITEM Fln....CII DnClor Page 1 of _..._.".._-~--,-~._~~-------_.._._.-..~~-'-_.> STATE OF TEXAS COUNTY OF TARRANT § § INTERLOCALAGREEMENT WHEREAS, the City of North Richland Hills purchases all of its gasoline and diesel fuel in compliance with bidding procedures established by state law and its ordinances; and WHEREAS, Watauga does not have an available facility or cost effective system for dispensing gasoline and diesel fuel to its city-owned vehicles; and WHEREAS, representatives of the City of North Richland Hills and the City of Watauga have determined that it is in the best interests of both cities for North Richland Hills to sell gasoline and diesel fuel to the City of Watauga for a price equal to cost plus ten cents ($.10) per gallon. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and promises expressed herein, the City of North Richland Hills and the City of Watauga agree as follows: I. AGREEMENT The City of North Richland Hills (hereinafter "NRH") agrees to sell and the City of Watauga (hereinafter 'Watauga") agrees to purchase an undetermined amount of gasoline and diesel fuel at 7200-A Dick Fisher Drive South. Access and availability shall be provided seven (7) days per week and twenty-four (24) hours a day. NRH hereby agrees to provide Watauga with the adequate access cards necessary for Watauga vehicles to receive gasoline and diesel fuel. II. PAYMENT TERMS NRH shall provide a statement each month to Watauga detailing the amount of gasoline and diesel fuel dispensed to each of Watauga's city-owned vehicles; the respective price per gallon; and the total amount owed by Watauga to NRH. Watauga shall pay NRH within fourteen (14) days of the receipt of the statement. Watauga shall make payments for the service the subject of this Agreement from current revenues available to Watauga. 1 III. PRICE The price per gallon of gasoline to be paid by Watauga shall be determined on a monthly basis by determining the cost that NRH incurred per gallon of gasoline during that monthly period, and then adding ten cents ($.10) per gallon. The price of diesel fuel shall be determined in the same manner. IV. TERM This Agreement shall be in effect for a period of twelve months from the effective date of the Agreement; unless the agreement is expressly terminated earlier by both parties. V. EFFECTIVE DATE NRH and Watauga agree that this Agreement shall take effect only upon adoption and ratification by the governing bodies of each city. SIGNED this the _ day of ,1997. CITY OF WATAUGA, TEXAS: CITY OF NORTH RICH LAND HILLS, TEXAS: Mayor Mayor ATTEST: ATTEST: City Secretary City Secretary APPROVED AS TO FORM AND LEGALITY: APPROVED AS TO FORM AND LEGALITY: City Attorney City Attorney 2 ~ -...-,~ CITY OF NORTH RICHLAND HILLS Finance 9/22/97 Department: "-.J Council Meeting Date: Subject: State Contract Authorizing NETS Funding Agenda Number: GN 97-108 A contract proposal bet'Neen the City of North Richland Hills and the Texas Department of Transportation has been received providing for the continuation of funding for the Northeast Transportation Service. The term,s of the contract are the same as last year, State funding in the amount of $108,000 is provided for NETS, with the City acting as a pass-through conduit for the funds. No City funding is required to administer the contract, This grant from the TDOT represents approximately 25% of NETS projected total Operating Budget of $515,893. NETS receives another 25% of their total funding from rider fares and contributions from member cities based upon their population. Each city contributes $0.50 per citizen per year to NETS, for a total local contribution of $133,785. The City's portion of this amount for next year is $23,625. Sufficient funding for this contribution is incorporated into the current and proposed budgets, The state and local funds are matched by funding from the T, which accounts for the remaining 50% of the NETS budget. Although the Northeast YMCA administers this program, the Mayor is required to sign the contract on behalf of the City. An addendum to the contract clarifying the insurance requirements for the vehicles operated by NETS is also attached. While the insurance requirements have no effect on the operations of the City, the " City must also approve this addendum as the pass-through grantor for the NETS Grant. Recommendation: It is recommended that City Council authorize the Mayor to sign the contract and clarifying addendum, with local funding as approved in the 1997/1998 budget. Finance Review I~· Source of Funds: Bonds (GO/Rev.) Operating Budget _ Other ~~natu~ CITY COUNCIL ACTION Acct. Number Sufficient Funds Available 01-99-01-5530 Flnwoce Director Page 1 of RECIPIENT: The City Of North Richland Hills PUBUC TRA1'-lSPORTATION (SECTION 5307) GRA\iT AGREE~Œ",'T GRA,'<'T AGREEMENT NO. 51802F 1014 ST!\TE PROJECT NO, URB-9802(002)! STATE URBAN PUBLIC TR;\NSPORTA TION GRANT AGREEi\1ENT THE STATE OF TEXAS § THE COUNTY OF TRA VIS § THIS GRANT AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the "State," and The City Of North Richland Hills, hereinafter called the "RECIPŒNT" WITNESSETH WHEREAS, the Governor of the State of Texas has designated the Texas Department of Transportation (State) to administer a statewide Public Transportation Grant Program, and to provide state funds to match federal funds; and, WHEREAS, Transportation Code, Chapter 455, authorizes the State to assist the Recipient in procuring aid for the purpose of establishing and maintaining public and mass transportation projects and to administer funds appropriated for public transportation under Tramporlatiofl Code, Chapter 456; and, WHEREAS, the Recipient has submitted an application for financial assistance for a urban public transportation project generally including training, technical assistance, research, or support services related to public transportation in urbanized areas, and the State approved the application, and, NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, the State and the Recipient hereto agree as follows AGREEMENT ARTICLE I. GRANT PERIOD This Grant Agreement becomes effective on September I, 1997 or when executed by the State's District Engineer, whichever is later, and shall terminate on August 31, 1998 unless terminated or otherwise modified as hereinafter provided, ARTICLE 2. PROJECT DESCRIPTION The Recipient shall commence, carry ourand complete a public transportation project described in Attachment A, Project Description, with all practicable dispatch, in a sound, economical and ARTICLE 2, PROJECT DESCRIPTION (cont.) efficient manner in accordance with the provisions of Attachment A, Project Description, this Grant Agreement, federal and state law, and federal and state regulation as hereinafter referenced ARTICLE 3, COMPENSATION A. The maximum amount payable under this Grant Agreement without modification is $ I 08,00000 provided that expenditures are made in accordance with the amounts and for the purposes authorized in Attachment B, Estimated Project Budget. B. The State's reimbursement to the Recipient is contingent upon the availability of appropriated funds, The State shall have no liability for any claim submitted by the Recipient or its subcontractors, vendors, manufacturers or suppliers if sufficient state or federal funds are not available to pay the Recipient's claims. C. To be eligible for reimbursement under this Grant Agreement, a cost must be incurred within the Grant Agreement period specified in Article I, Grant Period, and be authorized in Attachment B, Estimated Project Budget. D. Reimbursement of costs incurred under this Grant Agreement is further governed by cost principles outlined in applicable Federal Office of Management and Budget (OMB) publications as follows' OMS Circular A-21, Cost Principles for Educational [nstitutions OMB Circular A-87, Cost Principles for State and Local Governments OMS Circular A-I22, Cost Principles for Nonprofit Organizations E. Costs claimed by the Recipient shall be actual net costs, that is, the price paid minus any refunds, rebates or other items of value received by the Recipient that have the effect of reducing the cost actually incurred. F, The Recipient may submit requests for reimbursement to the State no more frequently than monthly using invoice statements acceptable to the State. Requests for reimbursement must be furnished to the State within forty-five (45) days of the end of the month during which the costs were incurred. Additional documentation to support any cost incurred during the biJIing period may be required at the discretion of the State. At a minimum, each billing must be accompanied by a summary by budget line item which indicates the total amount authorized for each line item, previous expenditures, current period expenditures and the balance remaining in the line item. G. The original and one copy of the invoice are to be submitted to the following address: Charles W Heald, P.r.-. District fngineer Texas Department of Tramportat/On fl. U Box 6861? 1-'1. Worth, Texas 76 ¡ ¡ 5-01?68 H, The State will make payment within thirty (30) days of the receipt of properly prepared requests for reimbursement. 2 ARTICLE 3. COMPENSATION (cont.) I. The Recipient will submit a final billing \vithin forty-five (45) days of the completion or termination of the Grant Agreement in accordance with Article I, Grant Period J. The Recipient shall make payments promptly to all subcontractors and suppliers, Failure to do so will be grounds for termination of this Grant Agreement by the State, The State shall not be responsible for the debts of the Recipient. ARTICLE 4. AMENDMENTS Except as noted below, changes in the scope, objectives, cost or duration of the project authorized herein shall be enacted by written amendment approved by the parties hereto before additional work may be performed or additional costs incurred. Any amendment so approved must be executed by both parties within the grant period specified in Article I, Grant Period. The Recipient is authorized to re-budget without a formal amendment when the proposed revision involves an increase in one category and a corresponding decrease in another, provided however, that any such revision meets all of the following criteria, I, Does not result in the need for additional funds; and, 2, Does not exceed ten percent of the current total approved budget and the state funding exceeds $ 100,000; and, 3. Does not involve a transfer of funds from an authorized capital equipment purchase to another category; and 4 Does not involve a transfer of funds from training to another expense category; and 5, Does not involve a transfer of funds from construction to a non-construction category; 6 Does not involve a transfer of funds from a direct to indirect cost category. [f a proposed revision meets all of the criteria listed above, the Recipient must notify the State in writing before the revision is made, describing the revision, explaining the need, and certifying that it complies with the above criteria. ARTICLE 5. SUBCONTRACTS The Recipient shall not enter into any subcontract with individuals or organizations to provide professional services without prior authorization and consent to the subcontract by the State, Subcontracts in excess of$25,000 shall contain all required provisions of this Grant Agreement. No subcontract will relieve the Recipient of its responsibility under this Grant Agreement. The Recipient shall not enter into any agreement for the purchase of equipment without prior authorization and consent to the purchase agreement by the State ARTICLE 6. RETENTION OF RECORDS r\, The Recipient agrees to maintain all documents, reports, papers, accounting records, and other evidence pertaining to costs incurred under this agreement (the Records) at its office during the grant period and for four years from the date of final payment under the grant. Such records shall be made available during the specifi.ed period for inspection by the State, the U. S, Department of Transportation, the Office of the Inspector General, and any of their 3 ARTICLE 6. RETENTION OF RECORDS (cont.) authorized representatives for the purpose of making audits, examinations, excerpts, and transcriptions, Records for nonexpendable property acquired with Federal or State funds shall be retained for four years after final disposition of the property B. If any litigation, claim or audit is started before the expiration of the four year retention period, the Records shall be retained until all litigation, claim or audit finding involving the Records have been resolved. C. When records are transferred to or maintained by the federal or state sponsoring agency, the four year retention requirement is not applicable to the Recipient. D. The Recipient further agrees to include these provisions in each subcontract. ARTICLE 7. SINGLE AUDIT REQUIREMENTS Recipient audit procedures shall meet or exceed the single audit requirements outlined in Office of Management and Budget (Ol\1B) publications as follows: Audits of State and Local Government OMB Circular A-128 Audits of Institutions of Higher Education and other Nonprofit Institutions OMB Circular A-133 ARTICLE 8. FINANCIAL MANAGEMENT SYSTEM The Recipient's financial management system shall meet or exceed the requirements of the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR Part 18.20), Those requirements include, but are not limited to: A. Accurate, current and complete disclosure of the financial results of each grant program in accordance with State and Federal reporting requirements, B. Records which adequately identify the source and application of funds for grant-supported activities, These records shall contain information pertaining to grant awards and authorization, obligations, commitments, assets, liabilities, outlays and income, C. Effective control over and accountability for all funds, property and other assets, The Recipient shall adequately safeguard all such assets and shall assure that they are used solely for authorized purposes D. Comparison of actual with budgeted amounts for each Grant Agreement, and relation of financial information to performance or productivity data, including the production of unit cost information, whenever appropriate and required by the State, E. Procedures for determining the eligibility for reimbursement and proper allocation of costs F, Accounting records which are supported by source documentation. G. A systematic method to assure timely and appropriate resolution of audit findings and recommendations 4 ARTICLE 9. PROCUREMENT STANDARDS Recipient procurement standards shall meet or exceed the requirements of the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR Part 18.36), including standards for competitive procurements; methods of procurement; contracting with small and minority firms, "'lomen's business enterprise and labor surplus area firms; contract cost and price; awarding agency review; insurance and bonding. The Recipient's procurement system must include but not be limited to the following procurement standards. A. Procurement procedures which reflect applicable state and local laws and regulations, provided that the procurements conform to applicable federal taw and the standards identified in this section. B. A contract administration system which ensures that subcontractors perform in accordance "'lith the terms, conditions, and specifications of their contracts or purchase orders. C. A written code of standards of conduct governing the performance of employees engaged in the award and administration of contracts. No employee, officer, or agency of the Recipient shall participate in selection or in the award or administration of a contract supported by state or federal funds if a conflict of interest, real or apparent, would be involved, D. A process for review of proposed procurements to avoid purchase of unnecessary or duplicative items. E. Use of state and local intergovernmental agreements for procurement or use of common goods and services to foster greater economy and efficiency, F. Use of value engineering clauses in contracts for construction projects, G. Awards made only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement, giving consideration to such matters as Recipient integrity, compliance with public policy. record of past performance, and financial and technical resources. H. Records sufficient to detail the significant history of a procurement, including rationale for the method of procurement, selection of contract type, Recipient selection or rejection, and the basis for the contract price. r. Limited use of time-and-materials contracts, J. Use of good administrative practice and sound business judgment to settle contractual and administrative issues arising out of procurements. £(, Protest procedures to handle and resolve disputes relating to procurements and prompt disclosure to the State of information regarding the protest. L. Procurement transactions conducted in a manner that provides full and open competition. ARTICLE 10. REAL PROPERTY MANAGEMENT The Recipient will comply with managemerit standards set forth in the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR 5 ARTICLE 10, REAL PROPERTY MANAGEMENT (cont,) Part ¡ 8,3 1) in the acquisition, use, and disposition of real property acquired under the grant. The State must concur in the award of all purchase orders for nonexpendable personal property as defined in 49 CFR Part ¡ 8.31, ARTICLE 11. EQUIPMENT MANAGEMENT A. The Recipient will comply with State management standards and with management standards specified in the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR Part 18.32) in the control, use, and disposition of equipment acquired under this grant. Management standards include I. Maintain equipment records that include a description of the equipment; a seriaJ number or other identification number; the source of equipment; who holds title; the acquisition date and cost of the equipment; percentage of federal and state participation in the cost of the equipment; the location, use and condition of the equipment; maintenance history for each vehicle; and ultimate disposition data including the date of disposal and sale price, 2, Conduct a physical inventory of the equipment at least once every two years and reconcile the inventory with equipment records described in the preceding paragraph, 3, Develop a control system to ensure adequate safeguards to prevent loss, damage, or theft of the equipment. Any loss, damage, or theft shall be investigated, 4 Develop and follow procedures to keep the equipment maintained and in good condition, At a minimum, the Recipient shall follow the vehicle maintenance schedule recommended by the manufacturer, showing the date the maintenance was performed. Maintenance records shall be provided to the State upon request. 5, Request disposition instructions from the State, and if authorized to sell the equipment, use proper sales procedures to insure the highest possible return. B. The Recipient will comply with Title 43, Texas Administrative Code, §31 53, to protect the public investment in real property and equipment purchased in whole or in part with state or federal funds. C. In the event that project equipment is not used in the proper manner or is withdrawn from public transportation services, the Recipient shall immediately notify the State, The State reserves the right to direct the sale or transfer of property acquired under this Grant Agreement upon determination by the State that said property has not been fully or properly used, D. When original or replacement equipment acquired under a grant is no longer needed for the original project or program or for other activities currently or previously supported by a federal or state agency, the Recipient shall contact the State to request authority to dispose of the equipment, and the State shall issue disposition instructions in accordance with 49 CFR 18.32 E. All vehicles purchased under this Grant Agreement shall comply with the Motor Vehicle Safety Standards established by the US Department of Transportation F. All vehicles purchased under this Grant Agreement shall comply with all federal motor vehicle anti-pollution requirements 6 ARTICLE 11. EQUIPMENT MANAGEMENT (cont.) G. All vehicles purchased under this Grant Agreement shaH comply \vith the bus testing requirements set forth at 49 USC 5323(c) and 49 CFR 665 H. The Recipient shaH not execute any lease, pledge, mortgage, lien or other contract touching or affecting the Federal or State interest in any project facility or equipment; nor shall the Recipient by any act or omission of any kind adversely affect the Federal or State interest or impair its continuing control over the use of project facilities or equipment I. The Recipient shall comply with requirements set forth at 49 USC 5323( I) and 49 CFR 663 regarding pre-award and post-delivery audit requirements ARTICLE 12. VEHICLE INSURANCE REQUIREMENTS (Revised) A. The Subrecipient shall maintain the insurance coverage specified below during the entire life of the vehicle and shaH furnish proof of insurance to the State using a certificate of insurance acceptable to the State. B. The Subrecipient shall furnish comprehensive insurance coverage in an amount equal to the replacement cost of the vehicle. C. Buses designed to transport more than 15 passengers (including the driver), but less than 26 passengers (not including the driver) shall maintain the following minimum liability insurance coverage: Minimum coverage: Bodily Injury - SI,OOO,OOO each person/each occurrence Property Damage - $1,000,000 each occurrence D. Buses designed to transport 26 passengers or more (not including the driver) shall maintain the foHowing minimum liability insurance coverage Minimum coverage: Bodily Injury - $5,000,000 per person/each occurrence Property Damage - S5,000,000 each occurrence Texas Business Automobile Policy - Basic automobile liability is not an acceptable substitute for a Texas Business Automobile Policy or Comprehensive Automobile Liability insurance, This insurance is to be endorsed with the State as an Additional Insured and endorsed with a Waiver of Subrogation in favor of the State, E. Irrespective of coverage by insurance, unless otherwise approved in writing by the State, in the event of loss or damage to project property, whether by casualty or fire, the fair market value will be the value of the property immediately before the casualty or fire. F. In the event of loss due to casualty or fire, straight line depreciation of the asset, based on the industry standard for a useful life, shall be considered fair market value unless otherwise approved by the State. G. The Subrecipient shall notify the State immediately of theft, wreck, vandalism or other destruction of project-related facilities or equipment 7 ARTICLE 13. BUY AMERICA The Recipient agrees to comply with applicable Buy i\merica requirements set forth in 49 U. S e 5323(j) and 49 CFR Part 661. ARTICLE 14. CARGO PREFERENCE The Recipient will comply with the cargo preference requirements set forth in 46 U S C 1241 and Maritime Administration regulations set forth in 46 CFR Part 38 I , ARTICLE 15. COORDINATION The Recipient will at all times coordinate the provision of public transportation services with other transportation operators, both public and private, in the area, The Recipient will furnish the State copies of any agreement resulting from such coordination. Agreements which authorize the payment of project funds to another entity are subject to the approval requirements described in Article 5, Subcontracts, ARTICLE 16. LABOR PROTECTION PROVISIONS A. The Recipient agrees to undertake, carry out and complete the project under the terms and conditions determined by the Secretary of the United States Department of Labor to be fair and equitable to protect the interests of employees affected by the project and meeting the requirements of 49 U.S.c. 5333(b). The Recipient shall maintain documentation of compliance efforts in accordance with retention and accessibility requirements set forth in Article 6, Retention of Records. B, The Recipient agrees to the comply with applicable transit employee protective requirements as required under the Transit Employee Protective Agreements as set forth under 49 USC §5310, §53 I I, and §5333 and 29 CFR Part 2 I 5, ARTICLE 17. CHARTER AND SCHOOL BUS OPERATIONS A. Neither the Recipient nor any subcontractor acting on its behalf shall engage in charter bus operations outside of the geographic area within which it provides regularly scheduled public transportation service, except as provided under 49 CFR Part 604,9, and regulations pertaining to Charter Service Operations set forth at 49 U.S.c. 5323(d) and 49 CFR Part 604. The Recipient shall furnish a copy of any agreement entered into under these regulations to the State no later than seven working days after the agreement is signed. B. Neither the Recipient nor any subcontractor acting on its behalf shall engage in school bus operations exclusively for the transportation of students or school personnel in competition with private school bus operators, except as provided under 49 u.se 5323(f) and 49 CFR Part 605 The Recipient shall furnish any agreement entered into under these regulations to the State no later than seven working days after the agreement is signed ARTICLE 18. MONITORING A. The State will monitor the progress of the project authorized in this agreement using appropriate and necessary inspections, including but not limited to periodic reports, physical inspection of project facilities, telephone conversations, letters, and conferences. 8 ARTICLE 18. MONITORING (cont,) B. The State shall monitor and conduct fiscal and/or program audits of the Recipient and its contractors to verify the extent of services provided under the terms of the Grant Agreement. Representatives of the State or Federal government shall have access to project fàcilities and records at all reasonable times. C. The State and the U. S, Department of Transportation, and any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the progress of the grant hereunder and the project premises D. If any inspection or evaluation is made on the premises of the Recipient or a subcontractor, the Recipient shall provide and require the subcontractor to provide all reasonable tàcilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the project. ARTICLE 19. REPORTS A The Recipient shall submit written or electronic reports at intervals and in a format prescribed by the State. I. Quarterly Operating Report - No later than 15 working days after the end of the quarter for which the report is made, the Recipient shall submit an activity report to the State, At a minimum. the quarterly operating report will include the number of vehicles in operation; total one-way passenger trips; total miles traveled; total expenses, including administrative and operating expenses; revenue, including fares and donations, operating cost per vehicle mile; operating cost per passenger trip; and number of passengers per mile traveled. The State may require more frequent operating reports for reasons of its own. or if the Recipient does not provide the reports in a timely manner or if the reports indicate unfavorable trends, 2. Status of Procurements - If the grant includes the purchase of vehicles or other capital equipment, the Recipient shall submit a quarterly report consisting of a brief narrative including but not limited to procurement milestones, including date of purchase order, vendor name and location. and estimated delivery date, 3, Status of Construction - [f the grant includes construction, the Recipient shall submit quarterly narrative reports which include but are not limited to the progress of construction, B. Regardless of the type of assistance included in the grant, the Recipient shall promptly advise the State in writing if at any time the progress of the project will be negatively or positively impacted, including C. Problems, delays or adverse conditions that will materially affect the Recipient's ability to attain program objectives, prevent the meeting of time schedules and goals. or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, by the Recipient and any State assistance needed to resolve the situation, 9 ARTICLE 19, REPORTS(cont.) D. Favorable developments or events that wi!! enable the Recipient to meet time schedules and goals sooner than anticipated or produce more work units than originally projected E. Every two years, or more frequently when instructed by the State, the Recipient shall conduct a physical inventory of grant-supported property as set forth in Article II, Equipment Management, and furnish the S tate a copy of the inventory F. The Recipient shall develop performance goals and management objectives in accordance with Title 43, Texas Administrative Code. §31 36. G. The Recipient sha!! maintain written maintenance records for each grant-supported vehicle, and shall make such records available to the State upon request. As a minimum, the Recipient sha!! comply with the manufacturer's recommended maintenance schedule. ARTICLE 20. DISPUTES AND REMEDIES A. The Recipient sha!! be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of the grant. B. Any dispute concerning the work hereunder, additional costs, or any other non-procurement issue shall be settled in accordance with Title 43, Texas Administrative Code. §9,2. C. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative, ARTICLE 21. TERMINATION A. The State may terminate this Grant Agreement at any time before the date of completion whenever it is determined that the Recipient has failed to comply with the conditions of the Grant Agreement. The State shall give written notice to the Recipient at least thirty days prior to the effective date of termination and specify the effective date of termination, the reason for the termination, and other termination instructions. B. If both parties to this Grant Agreement agree that the continuation of the grant would not produce beneficial results commensurate with the further expenditure of funds. the parties shall agree upon the termination conditions, including the effective date, In the event that both parties agree that resumption of the grant is warranted, a new Grant Agreement must be developed and executed by both parties, C. Either the State or the Recipient may terminate this agreement by giving notice in writing one to the other for reasons of its own and not subject to the approval of the other party. In the event of termination for convenience, neither the State nor the Recipient shall be subject to additional liability except as otherwise provided in this agreement. D. Upon termination of this Grant Agreement, whether for cause or at the convenience of the parties hereto, title to all property and equipment remains with the Recipient subject to the obligations and conditions set forth in this Grant Agreement and 49 CFR 1831 and 1832, unless the state or federal funding agency issue disposition instructions to the contrary, E. In the event of termination, the State may compensate the Recipient for those eligible expenses incurred during the grant period which are directly attributable to the completed portion 10 ARTICLE 21. TERt\1INA TION (cont.) of the grant covered by this Grant Agreement, provided that the grant has been completed in accordance with the terms of the Grant Agreement. The Recipient shall not incur ne\'." obligations for the terminated portion after the effective date of termination, F, Except with respect to defaults of subcontractors, the Reciplent shall not be in default by reason of any failure in performance of this Grant Agreement in accordance with its terms (including any failure by the Recipient to progress in the performance of the work) if such tàilure arises out of causes beyond the control and without the default or negligence of the Recipient Such causes may include but are not limited to acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the Recipient. ARTICLE 22. NONDISCRIMINATION ON THE BASIS OF DISABILITY The Recipient agrees that no otherwise qualified person with disability(s) shall, solely by reason of his/her disability, be excluded from participation in, be denied the benefits ot: or otherwise be subject to discrimination under the project. The Recipient shall insure that all fixed facility construction or alteration and all new equipment included in the project comply with applicable regulations set forth at 49 CFR 27, Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance, and the Americans with Disabilities Act ARTICLE 23 DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS A. [t is the policy of the Department of Transportation that Minority Business Enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds, Consequently, the Minority Business Enterprise requirements of 49 CFR Part 23 apply to this Grant Agreement as follows: I, The Recipient and any subcontractor agrees to insure that Minority Business Enterprises as defined in 49 CFR Part 23 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 Recipient shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to insure that minority business enterprises have the maximum opportunity to compete for and perform contracts. 2 The Recipient and any subcontractor 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. 3 These requirements shall be physically included in any subcontract B. The percentage goal for Disadvantaged Business Enterprise participation in the activities to be performed under this Grant Agreement is a minimum of 15% of the Grant Agreement dollars available for contracting opportunities as set forth in 49 CFR Part 23 and amended by Section I06(c) of the Surface Transportation Assistance Act of 1987. 11 ARTICLE 23 DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS(cont.) C. Failure to carry out the requirements set forth above shall constitute a breach of contract and, after the notification of the State, may result in termination of the Grant Agreement by the State or other such remedy as the State deems appropriate. ARTICLE 24, EQUAL EMPLOYMENT OPPORTUNITY The Recipient agrees to comply with Executive Order 11246 titled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations 41 CFR Part 60, ARTICLE 25. AFFIRMATIVE ACTION The Recipient warrants that affirmative action programs as required by the rules and regulations of the Secretary of Labor 41 CFR 60- 1 and 60-2 have been developed and are on tile. ARTICLE 26. CLEAN AIR AND WATER If the Grant Agreement exceeds $100,000, the Recipient \-vill comply with all applicable s'tandards, orders or requirements issued under Section 306 of the Clean Air Act (42 USe. 7401 et. seq); Section 508 of the Clean Water Act (33 USe. 1368); Executive Order 1 1738; and Environmental Protection Agency regulations (40 CFR, Part 15), The Recipient further agrees to report violations to the State. ARTICLE 27. ENERGY EFFICIENCY The Recipient will recognize standards and policies relating to energy efficiency which may be contained in a State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P, L. 94-163). ARTICLE 28. SUBSTANCE ABUSE A. The Recipient agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the U, S, Department of Transportation or the State to inspect the facilities, testing process, and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654, B. The Recipient will certify compliance with 49 CFR Parts 653 and 654 on or before September I of each year, using the certification form furnished by the State. C. The Recipient will submit required Management Information System (MIS) reports on or before February 15 each year using forms furnished by the State ARTICLE 29. FEDERAL PRIVACY ACT A, The Recipient will comply with and assures the compliance of its employees with the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 USC §552a. The Recipient will not operate a system of records on behalf of the federal government without the express consent of the State'and Federal Government, The Recipient understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of 12 ARTICLE 29. FEDERAL PRIVACY ACT(cont.) that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying Grant Agreement B. The Recipient also agrees to include these requirements in each subcontract to administer any system of records on behalf of the federal government financed in whole or in part with federal assistance provided by FT A ARTICLE 30. PROHIBITED ACTIVITIES A. Neither the Recipient nor any subcontracror shall use federal or state assistance funds for publicity or propaganda purposes designed to support or defeat legislation pending before Congress or the Texas Legislature. B. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Grant Agreement or to any benefit arising therefrom. C. No member, officer or employee of the Recipient during his tenure or one year thereafter shall have any interest, direct or indirect, in this Grant Agreement or the proceeds thereof D, Texas Transportation Commission policy mandates that employees of the Texas Department of Transportation (TxDOT) shall not accept any benefits, gifts or favors from any person doing business or who reasonably speaking may do business with the State under this Grant Agreement, The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of TxDOT's Executive Director. Any persons doing business with or who may reasonably speaking do business with the State under this Grant Agreement may not make any offer of benefits, gifts or favors to TxDOT employees, except as mentioned here above Failure on the part of the Recipient to adhere to this policy may result in the termination of this Grant Agreement. E. The Recipient will comply with Texas Government Code, Chapter 573, by insuring that no officer, employee or member of the Recipient's governing board or of the Recipient's contractors or subcontractors shall vote or confirm the employment of any person related within the second degree by affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years prior to the election or appointment of the officer, employee, governing body member related to such person in the prohibited degree, ARTICLE 31. PUBLIC INFORl\'IATION The Recipient will insure that all information collected, assembled or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Texas Government Code, Chapter 551 unless othen.vise expressly provided by law. ARTICLE 32. OPEN MEETINGS The Recipient will comply with Texas Government Code, Chapter 552, which requires all regular, special or called meetings of governmental bodies to be open to the public, except as othenNise provided by law or specifically permitted ·in the Texas Constitution. 13 ARTICLE 33, INDEMNIFICATION A. The Recipient shall indemnify and save harmless the State from aU claims and liability due to activities of its agents, employees or volunteers performed under this agreement and which result from an error, omission or negligent act of the Recipient or of any person employed by the Recipient. B. The Recipient shall also save harmless the State from any and all expenses, including attorney fees, which might be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as a result of activities by the Recipient, its agents, employees or volunteers. C. The Recipient agrees to protect, indemnify, and save harmless the State from and against aU claims, demands and causes of action of every kind and character brought by any volunteer or employee of the Recipient against the State due to personal injuries and/or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Recipient or the State, D. The Recipient acknowledges that it is not an agent, servant or employee of the State and that it is responsible for its own acts and deeds and for those of its agents, employees or volunteers during the performance of the Grant Agreement. ARTICLE 34. INTELLECTUAL PROPERTY RIGHTS [fany invention, improvement or discovery of the Recipient or any of its subcontractors is conceived or first actually reduced to practice in the course of or under this grant, which invention, improvement or discovery may be patentable under the Patent Laws of the United States of America or any foreign country; and if said invention, improvement or discovery has not already become the property of the State, the Recipient shall immediately notify the State and provide a detailed report, The rights and responsibilities of the State, the Recipient, any subcontractor and the United States Government with respect to such invention will be determined in accordance with applicable laws, regulations, policies and any waivers thereof Further, the Recipient shall comply with the provisions of 41 CFR, Part 1-9. The State and the U. S, Department of Transportation shall have the royalty-free, non-exclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes ARTICLE 35. COMPLIANCE WITH LAWS The Recipient shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this grant, including without limitation workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations When required, the Recipient shall furnish the State with satisfactory proof of compliance therewith, ARTICLE 36. NONCOLLUSION The Recipient warrants that it has not employed or retained any company or person, other than a bona fide employee working for the firm; to solicit or secure this grant, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, 14 ARTICLE 36. NONCOLLUSION (cont.) percentage, brokerage fee, gift or any other consideration contingent upon or resulting from the award or making of this grant. If the Recipient breaches or violates this warranty, the State shall have the right to annul this agreement without liability or, in its discretion, to deduct from the grant price or consideration, or otherwise recover, the full amount of such fee, commission, brokerage fee, gift, or contingent fee, ARTICLE 37. RESTRICTIONS ON LOBBYING Pursuant to Section 31 U.S.c. 1352,49 CFR Part 19 and 49 CFR Part 20, Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR Part 20 which generally prohibits recipients of federal funds from using those monies for lobbying purposes, When applicable, the Recipient will furnish the State the required certification ARTICLE 38. SUSPENSION AND DEBARMENT The terms of the Department of Transportation regulation, "Suspension and Debarment of Participants in DOT Financial Assistance Programs," set forth in Executive Order 12549 and implemented by 49 CFR Part 29, are applicable to this Grant Agreement. Furthermore, any Recipient employed by the Recipient is also bound by the terms of 49 CFR Part 29 and must complete a Lower Tier Participant Debarment Certification, The Recipient warrants that the debarment certification furnished as part of the application is current and valid. ARTICLE 39. NONDISCRIMINATION The Recipient shall comply with the nondiscrimination provision attached hereto and labeled Attachment C, Nondiscrimination, ARTICLE 40. DELINQUENT TAX CERTIFICATION Pursuant to Article 2.45 of the Business Corporation Act, Texas Civil Statutes, which prohibits the State from awarding a contract to a corporation that is delinquent in paying taxes under Chapter 171, Tax Code, the Recipient hereby certifies that it is not delinquent in its Texas franchise tax payments, or that it is exempt from or not subject to such tax. A false statement concerning the Recipient's franchise tax status shall constitute grounds for cancellation of the Grant Agreement at the sole option of the State. ARTICLE 41. PROGRAM INCOME A, Except for income from royalties and proceeds from the sale of real property or equipment, the Recipient shall retain program income and apply such income to allowable capital or operating expenses Program income from royalties and proceeds from sale of real property or equipment shall be handled as specified in 49 CFR 18,34 (Copyrights), 49 CFR 18 31 (Real Property) and 49 CFR ! 8,32 (Equipment). B. The Recipient shall comply with standards governing the receipt and application of program income as set forth in 49 CFR ¡ 8.25, Program Income, Program income means gross income received by the Recipient directly generated by a grant supported activity, or earned only as a result of this Grant Agreement during the time period specified in Article ¡, Grant Period, ¡ 5 ARTICLE 41. PROGRAM INCOME(cont.) C. Program income includes income from fees for services performed, from the use or rental of real or personal property acquired with grant funds, from the sale of commodities or items fabricated under a Grant Agreement, and from payments of principal and interest on loans made with grant funds. Except as otherwise provided in federal regulations, program income does not include grant funds, rebates, credits, discounts, refunds, and the interest earned on any of these receIpts, ARTICLE 42. SUCCESSORS AND ASSIGNS The Recipient binds himself, his successors, assigns, executors and administrators in respect to all covenants of this agreement. The Recipient shall not sign, sublet or transfer his interest in this agreement without the written consent of the State ARTICLE 43. LEGAL CONSTRUCTION [n case anyone or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, ARTICLE 44. CHANGES IN FEDERAL REGULATIONS As a recipient of federal funds, the Recipient is required to comply with all applicable FT A regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the agreement (Form FT A MA (2) dated October, 1995) between Purchaser and FT A , as they may be amended or promulgated from time to time during the term of this Grant Agreement. Recipient's failure to so comply shall constitute a materia! breach of this Grant Agreement. ARTICLE 45. PRIOR AGREEMENTS This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the public transportation grant specifically authorized and funded under this agreement. ARTICLE 46. INCORPORATION OF FEDERAL REQUIREMENTS This Grant Agreement includes terms and conditions required by the US, Department of Transportation, All contractual provisions required by the US. Department of Transportation, as set forth in FT A Circular 4220. 1 D. dated April 15, 1996, are hereby incorporated by reference Notwithstanding anything herein to the contrary and except as provided in State law, all FT A mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The Recipient shall not perform any act, fail to perform any act, or refuse to comply with any State request which would cause the State to be in violation of federal terms and conditions or state law ARTICLE 47. SPECIAL PROVISIONS FOR CONSTRUCTION AND REPAIR A. Work Hours and Safety Standards Act 16 ARTICLE 47. SPECIAL PROVISIONS FOR CONSTRUCTIO~ AND REPAIR(cont.) The Recipient agrees to comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USe. Part 327-330) as supp!emented by Department of Labor regulations (29 CFR, Part 5). B. Copeland "Anti-Kickback" Act The Recipient agrees to comply with the Copeland "Anti-Kickback" Act (18 USe. 874) as supplemented in Department of Labor regulations (29 CFR, Part 3) C. Davis-Bacon Act The Recipient agrees to comp!y with the provisions of the Davis-Bacon Act (40 US e. 276a- 276a-5) as supplemented by Department of Labor regulations (29 CFR, Part 5) D, Relocation and Land Acquisition The terms of the U.S, Department of Transportation regulations "Uniform Relocation and Rea! Property Acquisition for Federal and Federally Assisted Programs" 49 CFR Part 25 are app!icable to this Grant Agreement. E. Insurance and Bonding The Recipient shall comply with insurance and bonding requirements as established in 49 CFR Part 18, F. Signs The Recipient shaIl cause to be erected at the site of construction, and maintained during construction, signs satisfactory to the State and the U. S. Department of Transportation identifying the project and indicating that the Government is participating in the development of the project G. Seismic Safety The Recipient agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in U.S. Department of Transportation Seismic Safety Regulations 49 CFR Part 4 I and will certify to compliance to the extent required by the regulation. The Recipient also agrees to ensure that all work performed under this Grant Agreement including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 17 ARTICLE 48. SIGNATORY W ARRANTI' The undersigned signatory for the Recipient hereby represents and warrants that he/she is an officer of the organization for which he/she has executed this agreement and that he/she has full and complete authority to enter into this agreement on behalf of the organization. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 107220. By District Engineer: Charles W. Heald District: Fe. Worth Date: RECIPŒNT By The City Of North Richland Hills Date. Typed or Printed Name and Title 18 Attachment A PROJECT DESCRIPTION City of North Richland Hills Urban Services YMCA - Northeast Transportation Service October 1, 1997 - September 30, 1998 In the early 1990s, a group of concerned citizens recognized a growing need for paratransit services for residents of Northeast Tarrant County. This dedicated group organized to establish a program which would address the transportation needs of the elderly, handicapped or other\'.1se transportation disadvantaged in their community. As a result, the Northeast Transportation Service (NETS) was established in 1991 to provide paratransit services for residents of Northeast Tarrant County. With no public transportation system available, the NETS program grew quickly. During its first month, NETS logged 200 trips and, in Fiscal Year 1996, NETS averaged over 2,533 trips per month. The NETS program currently serves ten cities with a combined population of approximately 300,000. It operates wheelchair accessible vehicles Monday through Friday, from 6:30 a.m. until 6:00 p.m. After completing an application, riders may request services with 24-hour notice. The fare is $1.50 each way, making a round trip cost $3.00. A book of ten tickets is available for $14.00. NETS currently operates nine vans. Collaboration and cooperation with area agencies and cities makes this service possible. The YMCA of Metropolitan Fort Worth operates the NETS program through its Urban Services Branch. United Way, local civic groups, businesses and foundations contribute funding to NETS. Ten of the t'\velve cities located in Northeast Tarrant County currently participate in the NETS system. These participating cities contribute $ .50 per resident per year to NETS. Eligible clients are provided transportation access to all twelve cities located in Northeast Tarrant County through the NETS program. An agreement with the Fort Worth Transportation Authority allows NETS to receive Section 5311 funds. Section 5311 provides a 50% match for operating expenses. NETS also receives State Public Transportation Funds which provide an additional 25% operating match. ~ >< :< ~ 0 0 0 "- "- M M en 0 0 0 0 M!M ~I 0 0 0 0 01 ~!~ 0 0 01 ë -' -' 0 0 0' -< ,I ' -< ,I '-' ~ - 00 00 ~I ê u a> a> a> ~ 0 0 0 0 û -' ~ ~ -< I ~ >< # # 0 0 0 0 0 >- OJ 0 0 0 0 0 0 0 c:: C1 -< 0 0 0 0 ;¡; Z .c 0 2 ¡:::: w OJ w > c:: ~ 0 u -< CJ') ~ 6 ã CJ') l- I- i- I- 0 0 0 0 0 0 0 0 a a 0 Cl. 0 0 0 0 0 CJ') 0 u u w ':!: ~ ;;; -< -= ~ 0 CJ') l- i- # I- 0 a w N N (,;) c:: CD 0 0 0 a 0 a 0 -< a 0 a 0 I- a a 0 :r w 0 a a 0 u 0 (,;) u eX) eX) ai c:: a a a 0 UJ :J UJ u.. > CD ~ Li: 0 ~ -< ~ -' ~ do ~ CJ') 0 l- I- i- *- -z a 0 N N 0 '=' '=' u 0 0 0 0 a a 01 0 00 0 0 -' a a 0 0 -< 0 a 0 <D' <D' <D' U c:: u.. UJ ... 2 0 N N N UJ UJ u.. :r ~ 0 a a 0 0 M M M <D 00 0 0 C'> a> C1 0 0 -' eX) eX) eX) 0 0 0 0 -< .., .., ItÌ u eX) 00 ~ ... 0 0 0 .., .., Il) ':!: ~ u.. ~ Cl. '" :r z j N 0 ¡:::: (,;) -' ~ 0 do (,;) ~ -< ~ ~ ä: -' ~ I- u 0 N -< I- a ~ Ii 0 u z < I- Z CJ') ~ u.. 00 UJ ä: z c:: :J N a> 0 -< w 0 0 -< -' Cl. ¿ Õ 00 CD U Cl. 0 Z a:: -< :J -' -' -' 1.0 -< -< -< ~ w 0 I- ~ I- ::} -' c:: eX) > w 0 0 0 0 a.. -< en z ~ l- I-- CJ') U ¿ (,;) (,;) CJ') ~ >< (,;) >< z >< (,;) (,;) ~ c:: a:: :J U -' >< z >< ¡:::: >< z -' z ::> a z w c:: -< Z ã -< I- c:J -, UJ >< >< -< >< z -< ~ I- ~ 0 '" ~ Z I-- en ä: >< z >< c:: >< ä: z c:: u u c:: ¿ ¿ -< w ::> -< UJ UJ -< -< Cl. w -< >< -' >< do >< u.. -< -' a.. c:: a:: c:: w :J I:: u >< do >< 0 >< UJ U a.. 0 -' I-- ~ I-- Z I-- -< Z Z -< < UJ -< I-- 0 0 I-- I-- Z I- 0 U U CJ') u. ::} CJ') I-- LABOR PROTECTION PRO"l"SIONS (formerly Special Section 13(e) Warranty) FOR APPLICATION TO THE URBANIZED PUBLIC 1RAL~SPORTATION GRAt"iT PROGRA.i\1 The following language shall be made part of tile conlJact of asSÍStalJœ with tile StaLe or oilier public body charged with allocation and adnúnistration of funds provided under urbanized public transportation of the Act: A. General Application The CITY OF NORm RlCHLAND mLLS agrees that, in the absenœ of waiver by the Department of Labor, tlle terms and conditions of this Warr.lI!ty, as set forth bdow, shall apply for the protection of tb:: transportation related anplO)-et:s of any ernployt:r providing transportation services assisted by the Projcct (''Rec:ipieDt'~, and the transpOrtatiOIl related cmplOyt:t:5 of any other surface public transportmion providers in the transportation service area of tlu: project The CI1Y OF NORm RlCllLAND IIILLS shall provide to the Depãrtrncnt of Labor and rmintain at all times during the Project an accurate, up-to-date listing of ail existing transporùJtíon providers which arc eligible RcdpieIJts of transportation assÌ:ltAncc funded by the Projcct, in the transpofÙltion 3ervicc: orca of the Project, and any labor organizations representing the employees of su.c11 providers. CGrtification by tllc Public Body to tlte Dcpnrtmcnt of Ulbor that the designated Recipients have indicated in writing acccpUmcc of th: terms an:! COnditiODS of the warranty arrangement will be sufficient to pelDÚt the flow of urbt1IÚzcd pub lie transportation funding in the absence of!l finding of oorKompliancc by the DeptlItmellt af Labor. - B. Standard Terms and Conditions (1) The Project 'shall be carried out in such a manner and upon such terms and conditionS as will not adversely affect employees of the Recipient and of any other suxfuce public transportation provider in the tr:msporbLion service area of the Project It sh:ùJ. be an obligatfun af the Recipient and any other legaUy responsible party designated by the Public Bod}" 10 assure that any and aU !rnnsportalion services assisted by the Project are contracted for and operated in such a manrer that they do not impair the rights and interests crf affected employees. The term ''Project", as used herein, shall not be limited to the particular fuc:ility, service, or operation assisted by Federal funds, but shall include any changes, whether organizational, operation, technological, or otherwise, which are a result of the assistance provided. The phrase "as a n::su.It of tœ Project", shall when used in this arraIIgt:rneDt, include events rcI.atc:d to the Project occ:urring In amidpaúon 0.( dUIiog. and subsequent to the Project and any program oc" ctnclcxrles or a:aoom1cs related tlIcrcto; provided, however, U1:lt volume rises and faIls ofbusiness. or chaDgcs In volume am c.baræter ofemplO}'IDCm brought about by causes other than the Project (including any :conomtes or dIlcicncies umclaLed to the Project) are not within the purview ofth1s arrangement. An employee covered by this arrangcmC1tt, who is not dismisscd, displaced or otherwise worsered in his position with regard to his employment as a result oflhe Project, but who is dismissed. displ.ac:ed or otherwise worsened solely bccatt;c of !.he total or partial termination of the Project, discontÌT11Jancx: of Project scrriccs, or exhaustion of Project ftmding shaJ/ Dot be deemed elig1òlc for a dismissal or displacement allowance witlùn the meaning of paragraphs (6) and (7) of chc Model agre:ment or applicable provisiolls of substitute c:omparablc a.tT~cmcnts.. (2) (a) W1lcrc employees of a Recipient arc represented for coUce1ivc bargaining +purpo,cs, all Project services provided by that Recipient slnll hi: provided under anI in accordnncc with any coUective bargoining Attac:hment B (P8~ 1 of 6) (2) (b) The Recipient or legally responsible party shall provide to all effected employees si,xty (60) days notice of intended actions which may result in displacements or dismissals or rearrangements of the working forces, [n the case of employees represented by a union. such notice shall be provided by certified mail through their representatives, The notice shall contain a full and adequate statement of the proposed changes, and an estimate of the number of employees affected by the intended changes. and tile number and classifications of any jobs in the Recipient's employment available to be filled by such affected employees . (2) The procedures of this subparagraph shall apply to cases where notices involve employees represented by a union for collective bargaifÚng purposes At the request of either tile RecIpient or the representative of such employees negotiations for the purposes of reaching agreement with respect to úle application of úle terms and conditions of this arrangement shall commence Immediately, [f no agreement is reached within twenty (20) days from lhe commencement of negotiations. any party to lhe dispute may submit úle matter to dispute settlement procedures in accordance with paragraph (4) of this warranty. The foregomg procedures shall be complied with and carned out prior to the institution of the Intended action, (3) For lhe purpose of providing the statutory required protections including lhose specifically mandated by Section D(c) of the Act-L, the Public Body will assure as a condition of the release of funds that the Recipient agrees to be bound by the tenns and conditions of the National (Model) Section 139c) agreement executed July 23, 1975, identified below~. provided that other comparable arrangements may be substituted therefor, if approved by the Secretary of Labor and certified for inclusion in these conditions. (4) Any dispute or controversy arising regarding Úte application. interpretation. or enforcement of any of the provisions of this arrangement which cannot be settled by and between the parties at interest within thirty (30) days after the dispute or controversy first arises. may be referred by any such party to any final and binding disputes settlement procedure acceptable to the parties, or in the event they cannot agree upon such procedure, to the Department of Labor or an impartial third party designated by the Department of Labor for final and binding determination. The compensation and expenses of the impartial third party. and any other jointly incurred expenses, shall be bome equally by lhe parties to Ú1C proceeding and all OUler expenses shall be paid by the party incurring them. In the event of any dispute as to whether or not a particular employee was alIected by the Project, it shall be lús obligation to identify the Project and specify the pertinent facts of the Project relied upon. It shall then be the burden of either the Recipient or other party legally responsible for the application of these conditions to prove tilat factors otÌ1Cr than the project affected the emplo}'tts. The claiming employee shall prevail if it is established that the Project had an effect upon the employee even if other factors may also have affected the employee. (5) 1ñc Recipient or other legally responsible party designated by the Public Body will be financially responsible for the application of these conditions and will make the necessary arrangements so that any employee covered by these arrangements, or the union representative of such employee, may file claim of violation of these arrangements wilh the Recipient within sixty (60) days of the date he is terminated or laid off as a result of the Project. or within eighteen (18) months of the date his position wilh respect to his employment is otilCrwise worsened as a result of the Project. [n lhe latter case, if the events giving rise to the claim have occurred over an extended period, the 18-monul limitation shall be measured from the last such event. No benefits shall be payable for any period prior to six (6) months from the date of the filing of any claim .. - -.. - - - -.... - -- --.. -.. - - -.. - - - --- -- - -- ------ -------- -------------------- ------ --- SoLL",!' 11(I'IC-Cllve:: .1lT':1f1!l-:n'«:t1r~ ,h.dl ulclude. W'llhout bctnM; wmh:d ro, such prOY'l~u'tfa., m.y be neccu.uy ror (I) Ihe prc~l"f~hclU c,( n~hl'. pnvdcMc:\. .rt.1 benefit:'. (Inc:ludU1R !;(tnltnu.lta/n (If pen",,'" t"!1fh'" ..,ul hClu:lil\ I1l1d~r <:'(I'l.rlll!l CpIlO:\:II\'': h.Hi..1I1U11/: "flTC'cmC'nf~ or oUtcfW1'-C (~) the c::ontlnuahnn of cnUccuvc bata':uIUl18 n~hls. OJ the pt'Ofecn(W o( Inct¡V1c1uaJ C'lfIvlny~c~ "K'lU\sl .. wctucnll1c or thcn P<'''lfI0ns ...,d\ mp.o:c::t I" Ihc'lr O:l11ph'YI1l~nl. (t) ;I"i,'linnc, ,,( cmploymcnt In cmptoy~ of acquired m~",\ rn.nsport~nQf'l sY'\'cms ."d pnoncy or ~po""'mcnl uf mtplnycc:\ fcm1ln.lcd ût I~d (tIT. .net 0) paul t1'»lntnR ..nd n:tr..mlnc ~I..,.;¡n" Such ..rr"'I1Jo!c!l¡~I!I< "h..llmdurle µn'V'I'\1"~ pruh:CIIO~ Indavtdu;¡1 employce1 aRaut'" .. ....('In.erw1g or Ihett poc.lhC'l"' W1fh rC"'pcct 1\1 rhe\! employmC'nt wluch ,h.illln I'H' ev,=nf proytrte tkncfil!o Icu 111..1 Ihll'C' e',t.NL'\Jlcd punuanl hJ S,=c!IPn V~) (I) ('(Ihe ."er (,f Fo:hna;uy .f, nun (2-1 Stal l;"ln,.as amended F"r PUt"H"''='' p(flu-. w.stTill\ly .rr.n~C',"cnl, p""'K'faph" (I). (2), (~) (I H,(21). (2JJ. (2·1), (?Ó), (27'). (2() Al\d (N) n(rhe "",.-,del Secuon l3(c) A¡{fecmc:nt, e'xc~utC'd July 2. I',n o&IC hi he unuOcd (Pagel of 6) (6) Notlting in this arrangement shall be construed as depriving any employee of any rights or benefits wluch such employce may have under existing employment or collective bargaining agreements. nor shall this arrangement be deemed a waiver of any rights of any union or of any represented employee derived from any other agreement or provlsion of federal. state or local law (7) In tlle event any employee covered by tllese arrangements is terminated or laid off as a result of tlle project. he shall be granted priority of employment or reemployment to fill any vacant posItion witllin tlle conuo! of tlle Recipient for wltich he is. or by training or retraining witltin a reasonable period, can be qualified. [n the event training or retraining is required by such employment or reemployment. tlle Recipient or other legally responsible party designated by tlle Public Body shall provide or pro\lde for such training or retraining at no cost to the employee, (8) The Recipient will post, in a prominent and accessible place. a notice statll1g tlIat tlle Recipient has recel\·ed fede!":] I assistance under tlle Federal Transit Act and has agreed to comply with the provisions of Section I 3(c) of tlle Act. This nouce shall also specify tlle terms and conditions set forth herein for the protection of employees, The Recipient shall maintain and keep on file all relevant books and records in sufficient detail as to provide tlle basic infoffiution necessary to the proper application. adrrurtisuatioll and enforcement of these arrangements and to the proper determination of any claims arising thereunder. (9) Any labor organization which is the collective bargaining representative of employees covered by these arrangements. may become a party to these arrangements by serving written notice of its desire to do so upon the Recipient and the Department of Labor In tlle event of any disagreement that such labor organization represents co\'ered employees. or is otherwise eligible to become a party to ùlese arrangements. as applied to tlk: Project. tlle dispute as to whetller such organization shall participate slull be determined by the Secretary of Labor. (10) [n Úle event the Project is approved for assistance under the Act, the foregoing terms and conditions shall be made part of úle contract of assistance between the federal government and the Public Body or Recipienl of federal funds; provided. however. that this arrangement shall not merge into the contract of assistance, but shall be independently binding and enforceable by and upon Úle parties tllCreto, and by any covered employee or llis representative, in accordance with its terms, nor shall any other employee protective agreement merge into this arrangement, but each shall be independently binding and enforceable by and upon the parties thereto. 111 accordance with its terms C Wal\cr As a part of the grant approval process, either the Recipient or other legally responsible party designated by ÚIC Public Body may in writing seek from úle Secretary of Labor a waiver of the statutory required protections 1òc Secretary will waive these protections In cases. where at Úle time of the requested waivcr, the Sccretar)' determines that there arc no employees of the Recipient or of any other surface public transportation providers in the transportation sen;ce area who could be potentially affected by the Project (Pagd of 6) A 30-day notice of proposed waiver will be given by the Dcpanrnent of Labor and in the absence of timely objection, the W<Úver will become fum1 at tbe end of the JO-day notice pericxi In the event of timely obj~ction, the DepartmeIlt of Labor will review the matter aDd determine whether a. waiver shall be granted. In the absence ofwaivCT. thcs;: protections sholl apply to the Project. Signaturo of Responsible Offieial AITEST: Signature afRec1picnts Legal Counsel Attachment B (pag04 of 6) OPINION OF COUNSEL LABOR PROTECTION PROVISIONS (formerIySpccial Section 13(c) Warranty) THE CITY OF NORTH RlCHLAND mLLS has agrc::d to be the legally and fimnciaJly æsponsible party [or the pcrformaDCe oftbe t=I111S and conditions of the Labor Protection Provisions, incorporated herein by refCren:e, for the instant grant request "The Tcx:l& Department of Transport:ltion has designated THE CITY OF NORTH RICBlAND HILLS as the legally and financially responsible party fur the instant project This will serve as the requisite opirùon of COWlSc:l tint THE CITY OF NORTH RICHLAl'iD HJLLS is legally capable of nssumiI1g the legal and financial responsibilities for performance of the terms and conditions of the Warranty, TIlE CITY OF NORTH Rlcm.AND HILLS is authorized under Section 39UH l~ of the Texas Local Gm-ernment Code to assume the legal and fiDancial responsibilities for the pc:Ifurmanœ of tho terms axx1 conditions of the Warnmty for the instBnt project. I have reviewed the pertinent FeœraI. Stare and local laws, and I am ofthc opinion that there is m legal impedim::nt to TIlE CITY OF NORTH RlCHLAND HILLS assurrúDg tb:se respoI15ibilitiC$. Furthermore, as a ~t of my exæninaI1oœ. [ find that there is no pending litigation which might in any way adversely affect THE CITY OF NORTH RICHLA.l't-n H1LLS ability to assume and dischaIge these rc3pOnsibilities. Signature ofR1:Cipi::nts Legal AtUlchmont B (PageS of 6) A TfACHMENT TO LABOR PROTECTION PROVISIONS (formerly Special Section lJ(c) Warranty) Listing of Recipients. Eligible Surface Public Transportation Providers and Labor Representation 1, Cite Project by Name, Description Application for Public Transportation funds under URBANIZED public transportation Formula Grant Program tor (name of system) service in (project area). (D~'Scrib.: service: demand-responsive. fixed-route. etc.) 2 Identify Recipients of Transportation Assistance (List agencies. t':lcdit¡es receiving service: Q£ describ.: ridership by ~o elderly, 00 handlcapp.:d and 00 general public.) J. Othcr Surface Public Transponation Providers (List other surface public transportation providers in service area eligible for URBA."IIZED public transportation funding.) 4, Union Representation of Employees. if any (List all transportation providers from items I and J above and indicate if employees of each are represented by labor union,) (Page6 of 6) Debarment Certification (Negotiated Contracts) (I) The CONTRACTOR certifies to the best of its knowledge and belief. that it and its principals (a) Are not presently debarred, suspended. proposed for debarment, declared ineligible or voluntanly excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been com'icted of or had a civil judgment rendered against them for commission of fraud or a criminal otIense in connectIon with obtaining, attempting to obtain, or perfonning 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: (S) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity· with commission of any of the offenses enumerated in paragraph (I)(b) of this cerufication; and (d) Have not within a three-year period preceding tlus application/proposal had one or more public transactions* terminated for cause or default. (2) Where the CONTRACTOR is unable to certify to any of the statements in this certification, such CONTRACTOR shall attach an explanation to this certification, ·federal, state or local Signature of Certifying Official Title Date Form [714-A 4-89 (Pagelof3) Lower Tier Participant Debarment Certification (Negotiated Contracts) (For Subcontractors Contractors Over S /00,000) (msert name o[ cert1!ymg OmClal) , being duly sworror under penalty of perjury under the laws of the UnitecStates. certifies that neither nor its (in-'crt nam" of lower tier participant) principals are presently: · debarred, suspended, proposed for debarment. · declared ineligible, · or voluntarily excluded from participation in this transaction by any Federal department or agency Where the above idenúfied lower tier participant is unable to certify to any of the above statements in tIlÌs certification. such prospective participant shall indicate below to whom the exception applies. the initiating agency. and dates of action. Exceptions will not necessarily result in denial of award. but will be considered in determining contractor responsibility. Providing false information may result in criminal prosecution or administrative sanctions. EXCEPTIONS: ~Ignature oll.ertlt)'lOg UUlclal llUe Uate 01 LeI1l!lcallon See Next Page for Information Form 17H (Page2 of 3) Certification Information This certificalÍon is to be used by contractors pursuant to 49 CFR 29 when any of the following occur · any transaction between the Contractor and a person (other than a procurement contract for goods and services). regardless of type, under a primary covered transaction · any procurement contract for goods or services when the estimated cost is $25,000 or more · any procurement contract for goods or se!'\;ces between the Contractor and a pcrson, regardless of the amount, under which the person will have a critical influence on or substantive control over that covered transaction, Such persons include principal investigators and providers of fcderally required audit sc!'\'ices, A procurement transaction is the process of acquiring goods and se!'\'ices, A nonprocurement transaction is the granting of financial assistance to entities to assist the grantor in meeting objcctivcs that are mutually beneficial to the grantee and grantor. A COpy OF THIS CERTIFICATION IS TO BE FURNISHED TO AUTHORIZED REPRESENTATIVES OF THE STATE OR THE U.S. DEPARThŒNT OF TRANSPORTATION UPON REQUEST (Page 30f 3) Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements (For Contracts Exceeding 5100,000) The undersigned certifies to the best of his or her knowledge and belief. that (I) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned. to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Con.,crress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant. the making of any Federal loan. the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant. loan. or cooperalÍ ve agreement. (2) [f any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with tlùs federal contract, grant. loan, or cooperative agreement. the undersigned shall complete and submit Standard Form-LLL, ''Disclosure FornI to Report Lobbying: in accordance with its instructions, (3) The undersigned shall require that the language oftlùs certification be included in the award documents for all subawards at all tiers (including subcontracts. subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shaH certify and disclose accordingly. Tlùs certification is a material representation of fact upon wruch reliance was placed when tlùs transaction was made or entered into Submission of tlùs certification is a prerequisite for making or entering into tlùs transaction imposed by Section lJ52. Title 31, V,S, Code, Nry person who fails to file the required certification shall be subject to a civil penalty of not less than S 10,000 and not more than S 100.000 for each such failure. ~Ignature ot Contractor; AutlIorlzed UlIlclal Name and 1 Hie ot Contractd& Authorized Umcial Contractor Uate TxDOT 4-90 ARTICLE 12. VEIDCLE INSURANCE REQUIREMENTS (Revised 8/1/97) A. The Subrecipient shall maintain the insurance coverage specified below during the entire life of the vehicle and shall furnish proof of insurance to the State using a certificate of insurance acceptable to the State. Vehicles with 15 passengers or less: Minimum coverage: Bodily Injury - 500,000 per person/500,000 per occurrence Property Damage - $500,000 per occurrence Buses designed to transport more than 15 passengers (including the driver): Minimum coverage: Bodily Injury - $1,000,000 per person/l,OOO,OOO per occurrence Property Damage - $1,000,000 per occurrence Buses designed to transport 26 passengers or more (not including the driver): Bodily Injury - 5,000,000 per person/5,000,000 per occurrence Property Damage - 5,000,000 per occurrence Texas Business Automobile Policy - Basic automobile liability is not an acceptable substitute for a Texas Business Automobile Policy or Comprehensive Automobile Liability insurance. This insurance is to be endorsed with the State as an Additional Insured and endorsed with a Waiver of Subrogation in favor of the State. B. The Subrecipient shall furnish comprehensive insurance coverage ~ an amount equal to the replacement cost of the vehicle. C. Irrespective of coverage by insurance, unless otherwise approved in writing by the State, in the event ofloss or damage to project property, whether by casualty or fire, the fair market value will be the value of the property immediately before the casualty or fire. D. In the event of loss due to casualty or fire, straight line depreciation of the asset, based on the industry standard for a useful life, shall be considered fair market value unless otherwise approved by the State. E. The Subrecipient shall notify the State immediately of theft, wreck, vandalism or other destruction of project-related facilities or equipment. I ( / 0 ----; ., -I!L d~ V-4... ,pc. //-h-' ;</ Judkh A. Byman, Director, ¡>¿blic Transportation Division (2a~d /C;~? o Date Signature of District Engineer Date Signature of Authorized Officer Date FY 1997 Contract Addendum Insurance Requirements Revised 8/1/97 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9/22/97 Agenda Number: GN 97-110 Subject: Appointment to Youth Advisory CnmmittAA Mayor Pro Tem Sibbet only appointed one member to the Youth Advisory Committee when the initial appointments were made to this committee, He is recommending Mr. Billy Stolowski as his second appointee to the Youth Advisory Committee, Recommendation: It is recommended that the City Council take action on the proposed appointment. Finance Review Source of Funds: Bonds (GO/Rev,) Operating Budget _ er Acct. Number Sufficient Funds Available Æe~ Department Head Signature anager CITY COUNCIL ACTION ITEM Finance Director ~ Page 1 of f. CITY OF NORTH RICHLAND HILLS Department: Parks and Recreat~n Depðrtm~nt Amending Recreation enter ser ee Subject: City Ordinance #1658 - Ordinance #2242 Council Meeting Date: Agenda Number: 9-??-97 GN 97-111 The recently approved budget included a service enhancement for a part-time Recreation Center Maintenance Worker, The funding for this enhancement, approved by City Council, will come from price adjustments for the fitness center, gymnasium and room rental rates, The attached ordinance adjusts our pricing to more closely reflect market value for recreation services and facilities and will generate the additional revenue necessary to fund this approved service enhancement. ~ RECOMMENDATION: It is recommended that Council approve City Ordinance #2242 amending the Recreation Center price schedule. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget _ Other '--- j ~ ~~r- ~C~~;zJ \ Department Head Signature G1fý"Manager CITY COUNCIL ACTION ITEM Finance Director Page 1 of I ORDINANCE #2242 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: 1. Item 7, Ordinance #1658 shall be amended to read as follows: FITNESS CENTER Individual Price Individual Resident Discount Price Single Day Pass $ 89 annually $ 37 annually $ 5 per day Family Fitness Center Price (Family of Four) Resident Discount Price (Family of Four) $267 annually $135 annually Aerobic Pass $ 3 per day GYMNASIUM PASS Individual Price Resident Discount Price $ 30 annually $ 5 annually Family Gymnasium Price Resident Discount Price $ 60 annually $ 15 annually Single Day Pass Lost Card Replacement $ 3 $ 2 FACILITY RENTALS Classrooms 500 - 1,000 sq. ft. 1,001 - 1,800 sq. ft. 1,801 and above Gymnasium $ 9 per hour $ 13 per hour $ 23 per hour $ 35 per hour Security Deposits $100 for each area reserved ¡ I 2. This ordinance shall become effective October 15. 1997. PASSED AND APPROVED this 22nd day of September, 1997. APPROVED: Tommy Brown, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for City ~(.. '\ ¡ D I . --------::p-zz=-::r, . 1 V . -i VAJl . ~TAKK,Y \1t--l(EL.' '" \)\)10.i. oJ! iJ t~;~~;:~~¡:~~:~Ifl::¡n~f:~!l¿~~~~¡Eltrij,.~iiitIl·: ~"'.':~.: ·;;:0E~:Ii.;:.~\~::;;E:n:::~~L4J;8. T\Þ:;ff:ilit~:~l~:i~t~~f~f ::~::;;~;;:::;.t~;:..... ,·...:ú¡. :.: ;.:~::;J::;:;: .:.~:atStdiöt~~ ~~':;~: '!- ~: ,.~~.: ....:""i._':.:::.,.:....;t:~·:· Dally Cost 8 cents 23 cents Weekly 56 cents $1,61 Monthly $2.33 $6.68 Yearly $28 $80 'f~~,~fl¡~,\~~;;;;};Èg.f:'~~fI:j}f~;tff:I!~~~ª~~¡~.~!~~.:~ji~;,~,¡~;j?ttf~;~~:~[~.:i;l~i~:~f:t\ Dally Cost Weekly Monthly Yearly 11 cents 71 cents $3.08 '37 25 cents $1,75 $7.42 $89 34 cents $2.31 $10 $120 :t:gït,üfj~~~ 88 cents ußiil-:Öfûfii: .:':~~ ..<"..,:.:..,........... .. S6 Re.ldentINonresldent Comparison FY 95/96 Resident Annual Fitness Center Passes Non-Resident Annual Fitness Center Passes Proposed Price Schedules Fitness Center 1ndividual Resident Individual Non-Resident Current $26 $80 $3 n/a Aerobic pass Single Day Visit Family Fitness Center Pass (Family of 4) Resident Non-Resident Cu rrent $110 $240 "Corporate Membership *HoteVMotel Guest Pass $300 per co. $20 per pass Page 2 $25 $300 940 (89%) 118 (11%) Proposed $37 $89 $3 $5 Proposed $135 $267 omit omit ~t..\ 1 by; ~-¿¿-~¡ ;lu;41~~ , ~ 'l'ARKST REC~::;--- ww 1 b ; It if w Gymnasium (cost per year for gymnasium only) The gymnasium price Increase rellects costs associated with maintenance and janitorial supplies. Individual Resident Individual Non-Resident Cu rrent $3 $30 Proposed $5 $30 Family Resident Non-Resident Lost card replacement Single Day Visitor $10 $60 $2 $2 $15 $60 $2 $3 *The Corporate Membership and Hotel Guest Pass were promotion programs when the Recreation Center was building the patron/membership base. Since the Fitness Center is now used at full capacity, It Is recommended that these two programs be eliminated. Should the programs remain, prices will need to be adjusted. Facility Rentals Facility rental rates at the Recreation Center were set in 1987. These rates are still in place 10 years later and are priced significantly below private market value and lower than most Parks and Recreation Departments in DallasIFort Worth. As a result, rentals are booked weeks and sometimes months In advance. The constant use, combined with thousands of people using the facility, contributes to the deterioration of the carpet¡ng and facility. The revenue generated from facility rentals is not proportionate with maintenance costs or management costs. New carpeting and vinyl tile was recently replaced on the second level of the Recreation Center at a cost of $12,000. In addition, 25-30% of staff time Is spent managing and booking rentals. A classroom at the Recreation Center currently rents for $5 per hour, The comparative average cost of room rentals at other Parks and Recreation facilities is $20 per hour. Staff Is therefore recommending an increase in room rental rates The proposed rates are listed on the following page. Poge3 ----_.-.._._-_._---_._----------~_._-"-_.._."-~..,..__....-......---. S~T B't; 9-22-97 ;10;·UAM Mill PARKS & RIC.... 5516;# 51 5 Recreation Center Rental Rates Propos.d Classrooms 500 - 1,000 sq. ft. $9 per hour 1,001- 1,800 sq. ft. $13 per hour 1 ,801 and above $23 per hour Gymnasium $35 per hour Kitchen omit (The Recreation Center does not have kitchen facilities) Deposits $100 for each area reserved Nonresidents will be charged a minImum of three hours. (Current policy) CUlT8nt Classrooms 500 - 1.000 sq, ft. 1.001 - 1,800 sq. ft. 1,801 and above Gymnasium Deposits $10 for the first two hours, $5 for each additional hour $18 for the first two hours. $9 for each additional hour $35 for the first two hours, $18 for each additional hour $30 per hour, $15 for half court $100 for each area reserved Estimated Increase In Revenues These projections Include a 25% decrease in registration numbers as a result of increased user prices and rates. Room Rentals $4.180 Fitness Center $6,345 Total Estimated Increase In Revenue: $10,525 Revenue Policy and Future Pricing Staff Is currently developing a revenue policy which will address suggested philosophy and strategies for pricing parks and recreation services. The policy w1ll serve as a guideline to estabUsh a standardized approach to assessing prices for residents and non-residents; for the use of City facilities; for detennining which user groups should pay at what percentage; to keep a" prices at a fair market level; to strive for a high degree of cost recovery; and to lessen the burden on the cIty taxpayer. Page 4 CITY OF NORTH RICHLAND HILLS Department: Fire Council Meeting Date: 9/22/97 Subject: Approval of Rapid Entrv-Key-Box Svstem. Ordinance #2243 Agenda Number: GN 97-112 This proposed ordinance establishes the use of the Knox Box Security System, (registered name brand) to be used in North Richland Hills. The Knox Box is a security storage box used for the sole purpose of storing key( s) for a place of business, institution or a private residence. The Knox Box is constructed of heavy steel and is virtually indestructible. To open these boxes requires a special key. These keys are carried on each first line fire truck and first line ambulance. Compliance is voluntary. The Knox Box system insures the fire department has exclusive entry rights to the item(s) stored in the box. In the event of a fire or other emergency after normal 'vVOrking hours the Rapid Entry-Key-Box System insures immediate entry by the fire department with no property damage. Recommendation It is recommended that the City Council consider approval of Ordinance No. 2243. Finance Review Source of Funds: Bonds (GO/Rev Operating et Other Acct. Number Sufficient Funds Available Finance Director .£C~ CITY COUNCIL ACTION ITEM Page 1 of AN ORDINANCE AUTHORIZING A RAPID ENTRY-KEY-BOX SYSTEM ORDINANCE NO. 2243 WHEREAS, certain properties in the City are equipped with automatic fire alarm systems which may activate when the building or structure is not attended; and WHEREAS, fire alarms may be called in by neighbors or passers-by when a building is unattended; and ' WHEREAS, in any case where a building is unattended and the building is reasonably thought to be on fire, the City Fire Department, of necessity, will cause damage to the building By forcing entry without a key. NOW, THEREFORE, in order to provide a service to persons wishing to protect their property, it is ORDAINED by the City Council of the City of North Richland Hills, Texas as follows: 1. The Fire Chief is hereby authorized to operate a Lock-Box Program whereby a property owner can purchase and install lock-box to hold a key to the premises which will give fire personnel access to the building without destroying doors, windows and other entrance ways. 2. In order to participate in the program, a property owner must make application for purchase ofa lock-box through the office of Fire Administration of the City. The cost of purchase and maintenance of the lock-box shall be borne by the property owner. The lock-box shall be known as a Rapid Entry Key Box. 3. If installed, the Rapid Entry Key Box shall contain a key to areas, within the subject building, that are specified by the City Fire Chief or his designee. The owner is required to furnish such floor plans and other information covering the building as prescribed by the Fire Chief or his designee. 4. The Rapid Entry Key-Box shall be a type which is uniform throughout the City and all specifications of the box shall be approved by the Fire Chief. 5, The records concerning applications and sites of installation or removal of Rapid Entry-Key-Boxes shall be maintained by the Fire Administration Office. 6. The owner will pay to the City a one-time processing fee of$1O.00 at the time of making the application. The processing fee shall be credited to the General Fund of the City. PASSED AND APPROVED this day of 1997. APPROVED: Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City ì CITY 0 F NORTH RICHLAND HILLS Department: Economic Development Council Meeting Date: 9/22197 Subject: Resolution Amending (';irlp.linp.~ ::1nrl (¡rifp.ri::1 Agenda Number: for Granting Tax Abatement in Reinvestment Zones Created in the City of North Rich/and Hills-Resolution 97-44 GN 97-113 City Council readopted the Guidelines and Criteria for Granting Tax Abatement in Reinvestment Zones Created in the City of North Richland Hills on March 24 of this year to help structure abatement agreements over the next t\'VO years, as allowed by State law. According to these Guidelines & Criteria, the City may grant abatements for manufacturing, research, regional distribution, regional service, regional entertainment/tourism or regional retail facilities, as well as for the equipment and facilities used in other basic industry. On August 8, Columbia Healthcare Corporation submitted an application for consideration of tax abatement on $21 million in expansion and improvements to North Hifls Hospital. Columbia consolidated its Northeast Tarrant County acute-care services at North Hifls in June 1996-and has realized tremendous growth in both staff and admissions. Nevertheless, the City's Guidelines & Criteria do not presently provide for regional health care facilities 3uch as Columbia North Hills Hospital. Therefore, City staff has drafted the proposed new definition - / for your consideration: (s) "Regional Health Care Facility" means buildings and structures, including fixed machinery and equipment, used or to be used 10 provide health care services, from which a majority of revenues generated 'by activity at the facility are derived from outside North Richland Hills. Such an addition to the City's Guidelines & Criteria will allow the City Council 10 consider Columbia's application in October. RECOMMENDATION It is the recommendation of City staff1hat Council adopt Resolution 97 -44 - A Resolution Amending Guidelines and 'Criteria For Granting Tax Abatement in Reinvestment Zones Created in the City of North Richland Hills. Finance Review \ ..- Acct. Number Sufficient Funds Available m~S;9nature /C ~~ CITY COUNCIL ACTION ITEM Finance Director Page 1 of RESOLUTION NO. 97-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING GUIDELINES & CRITERIA FOR GRANTING TAX ABATEMENT IN REINVESTMENT ZONES CREATED IN THE CITY OF NORTH RICHLAND HILLS. WHEREAS, the North Rich/and Hills City Council has previously adopted a set of "Guidelines & Criteria" for granting tax abatement in reinvestment zones created within the City of North Richland Hills, Texas; and WHEREAS, the adopted "Guidelines & Criteria" authorize abatements for approved manufacturing, research, regional distribution, regional service, regional entertainment/tourism, regional retail, or other basic industry facilities; and WHEREAS, Columbia Healthcare Corporation is preparing for a $21 million expansion of North Hills Hospital, and has applied for consideration of tax abatement on the value of such improvements; and WHEREAS, North Richland Hills "Guidelines & Criteria" do not provide for abatement of such a regional health care facility. NOW THEREFORE BE IT RESOLVED that the North Richland Hills City Council does hereby amend the "Guidelines & Criteria" for granting tax abatement in reinvestment zones created within the City of North Richland Hills, Texas, as follows: Section 1, DEFINITIONS add: (s) "Regional Health Care Facility" means buildings and structures, including fixed machinery and equipment, used or to be used to provide health care services, from which a majority of revenues generated by activity at the facility are derived from outside North Richland Hills. Section 2, ABATEMENT AUTHORIZED add under (a) Authorized Facility: Regional Health Care Facility PASSED AND APPROVED this 22nd day of September, 1997. APPROVED: Tommy Brown, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Department Council Meeting Date: 9-22-97 Subject: Professional Services Agreement - Park Master Plan Agenda Number:PU 97-75 The 1997/98 Parks and Recreation Facilities Development Capital Improvement Program includes a budget of $50,000 for preparation of the revised Park System Master Plan. The project includes an inventory and supply analysis, demand analysis and needs assessment, priority criterion analysis, and action plan. A current Park System Master Plan is critically important in the Texas Parks and Wildlife Local Park Fund grants scoring system. Given the numerous projects completed since adoption of our most recent Park System Master Plan, it is imperative to update our local priorities to assure continued granting success. Staff solicited Requests for Proposals from 5 firms and the following 4 firms were interviewed: Newman, Jackson, Bieberstein, Inc. Dunkin, Simms, and Stoffles, Inc. Carter and Burgess Urban Resource Group Consultants for professional services are selected on their previous experience, experience of their subconsultants, reputation of the firm, and similar project experience applicable to the project. Based on the professional services outlined in the Request for Proposal, Carter and Burgess was selected as the most qualified firm to prepare the Park Master Plan, A contract has been negotiated with Carter and Burgess in the amount of $49,790. RECOMMENDATION: It is recommended that the City Council authorize staff to contract the professional services of Carter and Burgess for the preparation of the Park System Master Plan. Finance Review Source of Funds: Acct. Number 09-92-19-6000 Bonds (GO/Rev.) Sufficient Funds Available Operating Budget - ~~ J.J~ ' f'v-. Othe, - __ ':.,. , I'l,¿_~_ j"-- c __~ ~ ~~_ _ ~ Department Head Signature y Manager C"Y COUNCIL ACTION "EM Page 1 of I CITY OF NORTH RICHLAND HILLS ~ Department: Information Services Council Meeting Date: 9/22/97 Subject: ReQuest for Professional Services - Fiber Optics Project Agenda Number: PU 97-76 Another factor required for the successful implementation of the 3 Year Plan is to connect the major facilities (City Hall, Library Complex, Tennis Center, Municipal Complex) for data, voice and video utilizing fiber optics, This project will require the development of a professional Request for Proposals (RFP), vendor evaluation, final vendor section, and project management. This type of work involves a specialized level of expertise, which the Information Services Department does not currently have, and has opted to use a professional services provider. Information Services staff recently solicited professional services from the following companies: 1. OTM Engineering 2, Tascor 3. Map Specialist Addressing Group 4, Technology Decisions, Inc, The following companies responded and were interviewed on-site: 1, OTM Engineering 2. Map Specialist Addressing Group 3. Technology Decisions, Inc, Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Ot r Acct. Number Sufficient Funds Available ~~ 0~ "/ ~C~ De~t Head Signature it nager CITY COUNCIL ACTION "EM FlnMct DnClor ì~~ Page 1 of 2 CITY OF NORTH RICHLAND HILLS The following companies offered the following "not to exceed" proposals: 1. Map Specialists Addressing Group (MSAG) - Professional RFP Development - Evaluate RFP and Select Vendor - Contract negotiation - Project Management - Total $ 10,000.00 8,000.00 5,000,00 5,000.00 $ 28,000.00 2, - Professional RFP Development - Acquire Vendor List - Assist in Submitting RFP - Evaluate RFP and Select Vendor - Contract negotiation - Project Management - Total $ 7,395,00 680.00 680.00 3,400.00 1,360.00 17,680.00 $ 31,535.00 The interview with MSAG revealed that the company had extensive experience with computer systems, networking, and GIS. However, the reference checks revealed that the level of "direct" experience related to fiber optics was very limited. MSAG is owned and operated by Mr. Chester Helt. Mr. Helt has a Bachelor's and Master's degree in Physics and 25 years total experience. The interview with TDI revealed that TDI is a relativity new company started by two individuals who have worked within state government for over 20 years in Austin, Texas, The President of TDI, Mr. Bruce Schremp, has 21 years of combined experience including network design, network management, bid preparation and evaluation. He has managed multi- million dollar projects and is a Board Member and Technical Advisor for the Greater Austin Area Telecommunications Network (GAATN). The GAATN project consists of 285 linear miles of single mode fiber optics. Mr. Schremp has a Bachelor's degree in Electrical Engineering, Ms. Marjory McMurray, a partner of TDI, has 11 years of experience within the telephone industry, 7 years experience in statewide network design and management, and 7 years experience with bid preparation and evaluation, She has also managed multi-million dollar projects and has several years experience with contract management. TDI also has commitments and resource agreements with several other professionals, when totaled, represent a combined experience level of over 60 years within the fiber optics and networking domain. The individuals referred to above also possess Bachelor's and Master's degrees, The reference checks for TDI were very good. Although TDI's proposal was slightly higher, staff feels the increase is justified. Recommendation: It is recommended that Council award the contract for developing a 'Request for Proposal' (RFP) and other services as listed for the Fiber Optics Project to Technology Decisions of Austin, Texas, in the amount of $ 31,535.00. '- r CITY COUNCIL ACTION ITEM Page 2 of2 CITY OF NORTH RICHLAND HILLS Department: Information Services Award Bid for Hardware/Software for General Subject: SQrviC9S to HTE in the amount of $959,66400 Council Meeting Date: 9/22/97 Agenda Number: PLJ 97-77 At the January 23, 1995 Council meeting, Council approved and adopted the computer needs assessment. Significant improvements are needed for the General Services and Public Safety computer systems. To comply with the computer needs assessment, one goal within the Information Services 3- Year Plan is to upgrade the hardware and software for the General Services computer systems, The need to upgrade these systems is driven by the Year 2000 problems associated with our existing software, as well as the need to add new systems, increase current system functionality and provide integration across several departments and divisions, In May 1996, The Accord Group was hired by the City (PU 96-40) to develop a Request for Proposals (RFP) and the proposal was completed in November 1996. The RFP (Proposal #96- 697) was sent to various vendors on December 6,1996. Bids were opened January 21,1997, and the following vendors responded: 1) HTE, Inc. 3) Creative Computer Solutions 5) New World Systems 7) ESCOM (Parks & Recreation only) 2) Bi-Tech Software 4) J.D. Edwards 6) Computer City 8) SCT An internal committee was formed to review and evaluate the proposals and was comprised of management level personnel from the Finance, Parks & Recreation, Human Resources, Planning & Inspections, Public Works, Support Services and Information Services Departments as well as City Administration. The proposals were distributed to the applicable departments who performed a detailed analysis of each proposal. Based on the information provided from the RFP's, three finalists were selected and on-site demonstrations were conducted in April and May of this year: 1) HTE, Inc. of Orlando, Florida 2) BI-TECH of Chico, California 3) Creative Computer Solutions of Pleasanton, California Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ I o~ Acct. Number 10-01-16-6000 Sufficient Funds Available /) Iiit- . ~ Depa ment ead Signature CITY COUNCIL ACTION FIII8IICI Director Page 1 of 2 CITY OF NORTH RICHLAND HILLS '- Following the on-site demonstration, HTE was selected for a site visit to review the software in an actual working environment. Sites visited were Broken Arrow, Oklahoma; Piano, Texas; and Collin County at McKinney, Texas, The HTE proposal offers all hardware and software that satisfies the requirements for the Finance, Planning and Inspections, Human Resources and Support Services departments, The proposed hardware and software will be used by all departments within the City, The total price for all hardware, software, training and services is $959,664, Is should be understood that the HTE proposal does not cover the needs of Park and Recreation, Police, Fire or the Municipal Court, Recommendation: It is recommended that Council award the bid for both hardware, software, training and services to HTE for the General Services computer systems, an amount not to exceed $ 959,664.00. '-., CITY COUNCIL ACTION ITEM ., CITY OF NORTH RICHLAND HILLS Department: Finance / Support Services Council Meeting Date: 9/22/97 Subject: Award Bid fðr Pðlice nAp~rtm':mt RAnnv~tinn tn pnMS, In~ Agenda Number: in the Amount of $44,980 PI' ~7-7A Formal bids were solicited for the renovation of several areas in the Police Department. The results are outlined below, PDMS, Inc. .:'''':::''''~;':':::'s.:N':·SW<QN< . . ... . ;.....;·:.-:::...i.....:...:.:-:\: Team Design $47,498 The work will include carpeting, painting, new doors and electrical work, Carpet will be installed on the walls of the DWI test area in the jail to help diminish sounds, The doors to the armory and the equipment room will be relocated from Sergeant offices to the hallway to allow easier access to equipment and privacy in the Sergeant offices, The offices will be painted and have carpet replaced, The computer room and copy machine room will be painted and the anti-static carpet will be replaced in the computer room to provide a cleaner work environment. The communications equipment room will be enlarged and all electronic equipment such as radios and the 911 system will be relocated to this room, This will provide a safer environment and a centralized location for the electronic equipment. The references checked on PDMS were very favorable, They completed projects on time and within budget and all stated they would use the company again, PDMS met all the specifications and general conditions of the bid and can complete the project within thirty- five days. Recommendation: It is recommended City Council award the bid for the Police Department renovation to PDMS, Inc, in the amount of $44,980, Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Other Acct. Number 28-08-01-6000 Sufficient Funds Available ~'fi X~ ,,h~ Qt!1JJŒ.tÌJhIMIIOfDW.dOf £C~~ epartmen Head Signat re City anager CnYCOUNC~ACnON"EM Page 1 of CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 9/22/97 PU 97-79 Subject: Authorization to plJrr.ha!=:A F'nlrJAr/~tlJffAr ThrnlJgh ~tatA Agenda Number: of Texas Cooperative Purchasing Program in the Amount of $24,378 A task force was created to evaluate the feasibility of purchasing a folder/stuffer machine and if the purchase would be cost effective, Staff performed a survey of City departments and discovered there is a need for this kind of service throughout the City. Utility Services currently contracts with a company in Fort Worth to fold and stuff the utility bills. The task force attended demonstrations of Pitney Bowes and Neopost equipment and unanimously preferred the Neopost S170 machine. This equipment may be purchased through the State of Texas Cooperative Purchasing Program in the amount of $24,378. All State competitive bidding requirements will be met by ordering the folder/stuffer through this program. Since the folder/stuffer will be utilized by all City departments, Staff feels the purchase of this equipment will be both time and cost effective. Recommendation: It is recommended City Council authorize the purchase of a S 170 folder/stuffer system from Neopost, through the State of Texas Cooperative Purchasing "-. Program in the amount of $24,378. Finance Review 01-99-01-6500 Source of Funds: Acct. Number 02-99-00-6500 Bonds (GO/Rev.) Sufficient Funds Available ~~:e~ting Budget - ~~ ~A/~~~C ~ Dli"ãrtment Head Signature City- -nager - ~ CnYCOUNC~ACnON"EM ."'''. Fln...ce Director Page 1 of CITY OF NORTH RICHLAND HILLS Department: Public Works Public Hearing to Consider an Update to the Subject: Capital Improvements Plan and New Impact Fees for Water and Wastewater Facilities Council Meeting Date: 9/22/97 Agenda Number: PW 97 -20 In June 1987, the State Legislature passed Senate Bill 336 which describes the procedure all municipalities shall follow to implement an impact fee. An impact fee is defined as a charge or assessment imposed by a political subdivision against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to such development. The City has been collecting water and wastewater impact fees on new service connections since June, 1990 in accordance with State law. State law requires the City to review and update the Capital Improvements Plan (CIP) every three years if necessary. With part of the systems being sold to Watauga, it was agreed both cities would update their CIP and consider adopting new impact fees. The staff and our consultant, Knowlton-English-Flowers, Inc., have completed the updated Capital Improvements Plan and determined a new maximum impact fee level. The Capital Improvements Advisory Committee was made aware of the updated plan and wrote a letter of recommendation to the Mayor and City Council dated August 28, 1997. A copy of the letter is attached for your information. At the Council workshop on September 2, 1997 the updated Capital Improvements Plan and the associated impact fee levels were discussed along with the past performance of the impact fee programs. A list of the main points covered at the workshop are listed below. 1. A consultant's review of the last six years shows the City charged 42% and 70% less than the impact fee amounts they could have charged by law for water and wastewater connections, respectively. 2. On the average, the City has collected $163,781 per year in Water Impact Fees and $51,660 per year in Wastewater Impact Fees. 3. On the average, the City has spent $124,511 per year on the Water CIP and $48,641 per year on the Wastewater CIP. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ ::>t er. Acct. Number Sufficient Funds Available "-- ent Head Signature CITY COUNCIL ACTION ITEM FI.....c:e Director /P.ç~ City ager Page 1 of 4. The impact fee fund has had a combined balance below zero one year. 5. The new maximum Total Impact Fee levels for a meter unit equivalent (MUE) or for 3/4" meter are $2,751 for water and $2,127 for wastewater. 6. North Richland Hills' portion of the total impact fee levels per MUE are $1,952 for water and $1,110 for wastewater. Fort Worth's portion is $799, and $1,017, respectively. 7. CIAC recommended collection levels per MUE on the North Richland Hills portion at $543 for water and $168 for wastewater (27.82% and 15.14% of the maximum, respectively). 8. Staff recommended collection levels per MUE on the North Richland Hills portion at $488 for water and $277.50 for wastewater (25% of the maximum levels in both cases). At the workshop, a couple of questions were asked which may not have been answered completely. These are shown below with answers. ~ Why does the City of Keller not pay Fort Worth water impact fees for the wholesa/e system? Keller has never signed a new water contract with its annually adjusted rates, based on audited test-year figures. They pay for water from Fort Worth under the old contract based on future three-year budget calculations. They pay more for water, but do not pay impact fees. ~ Do we reimburse every developer who installs a piece of the Capital Improvements Plan noted in the 1 O-year planning period? Yes, unless they refuse to accept the reimbursement level shown in the CIP or are not willing to follow the public bidding process. State law requires Council to adopt or reject the amended impact fees within 30 days of the "public hearing". The approval of the Capital Improvements Plan and adoption of a new Impact Fee Ordinance are included in this agenda for your consideration. Recommendation: It is recommended the public hearing be conducted. ì CITY OF NORTH RICH LAND HILLS CITY OF N*RTH RICHLAND HILLS P¡a~:i¡n'J .?t Inspection S-2r,¡ices August 28, 1997 Mayor Tommy Brown and City Council Members City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 76180 RE: WATER AND WASTEWATER IMPACT FEES; Update the Capital Improvements Plan and Amend the Impact Fee Schedule Mayor Brown and City Council Members: On August 7, 1997, the Planning and Zoning Commission, serving in their capacity as the Capital Improvements Advisory Committee (CIAC), met to review the "Water and Wastewater Impact Fees Update Report" as prepared by Knowlton-English-Flowers, Inc. (KEF). Richard Albin, P. E. of KEF and Gregory Dickens, Public Works Director, presented the information concerning the Capital Improvements Plan (CIP) and the maximum impact fee levels. The Committee recommends the adoption of the CIP Plan and the Impact Fee levels as presented, with the followir:g considerations. 1. The appropriate public hearing be conducted and any additions or deletions to the CIP project list be considered at that time. 2. The City of Fort Worth water and wastewater impact fees charged to North Richland Hills be included in our overall maximum impact fee rates. This would mean the inclusion of their Land Use Assumption Plans, Capital Improvements Plans, and impact fee assessment rates. P.O. Box 820609 . North Richland Hills, Texé1s ·76182-0609 USA 7301 Northeast Loop 820 . 81 7 -581 -5514 . FAX 81 7 -656-7 503 Mayor and City Council Page 2 August 28, 1997 3. The City collects the NRH portion of the total impact fees at a rate 50% greater than we do currently, The following table shows this proposal for a 3/4-inch metered connection. NRH Fee FW Fee Total Fee Collected Collected Collected Water: Current $362.00 $234.96· $596.96 CIAC Proposed 5543.00 $234.96· $777.96 Wastewater: Current 5112.00 5580,20 $692.20 CIAC Proposed 5168.00 5580.20 $748.20 ·The current FW charge for water is a percentage of their normal impact fee. The percentage is annually adjusted based on the amount of FW water supplied to the amount of FW and Trinity River Authority water used by NRH. 4. Allow development in the City to dictate where and when the CIP improvements are installed. 5. Reimburse developer's at the assessable rate determined by the study on those CIP improvements they install at 100%. For instance, if the assessable amount of the water improvements is 73.38% and the cost is $120,000, the City will reimburse the developer $88,056. The Commission is grateful to Council for the opportunity to serve. We stand ready to answer any questions you may have and look forward to our continued participation as the Advisory Committee. Respectfully submitted, ~ cc: Planning & Zoning Commission Larry Cunningham, City Manager Randy Shiflet, Assistant City Manager Greg Dickens, Public Works Director Barry LeBaron, Director of Planning & Inspection Services Richard Albin, Knowlton-English-Flowers, Inc, pwf97364 ORDINlu'J'CE NO. /c253fl AN ORDINANCE· AMENDING CHAPTER 35, W ATE-B. AND SEWERS, OF TIIE CODE OF THE CITY OF FORT WORTII (1986), AS AMENDED, BY AMENDING EXHIBIT A, INCORPORATED BY REFERENCE INTO SECTION 35-70.2(a); FURTHER, BY AMENDING EXHIBIT B, INCORPORATED BY REFERENCE INTO SECTION 35- 70.2(b); FURTIIER, BY AMENDING SCHEDULE 1, INCORPORATED BY REFERENCE INTO SECTION 35-70(a);FURTHER, BY AlvŒNDING SCHEDULE 2, INCORPORATED BY REFERENCE INTO SECTION 35-703(b); FURTIffiR, BY AMENDING EXHIBIT C, INCORPORATED BY REFERENCE INTO SECTION 35-71 (a); FURTIIER, BY AMENDING EXHlBIT D, INCORPORATED BY'" REFERENCE INTO SECTION 35-72(a); FURTHER, BY AMENDING EXHIBIT E, INCORPORATED BY REFERENCE INTO SECTION 35- 76(a); FURTIIER, BY AMENDING EXHIBIT F, INCORPORATED BY REFERENCE INTO SECTION 35-77(a); MAKING TIllS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL ORDINANCES AND PROVISIONS OF THE CODE OF.TIrE CITY OF FORT WORTH IN CONFLICT HEREWITH; PROVIDING A SEVERABil..ITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY TIrE CITY COUNCil.. OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. Exhibit A, Land Use Assumptions for Water, incorporated by reference into Section 35-70.2(a) of the ÛJde of the City of Fort Worth (1986), as amended. is hereby amended and. after having been so amended, shall be and read as shown on Exhibit A, attached hereto. SECTION 2. Exhibit B, Land Use Assumptions for Wastewater, incorporated by reference into Section 35- 70.2('0) of the Code of the City of Fort Worth (1986), as amended, is hereby amended and. after having been so amended, shall be and read as shoW'll on Exhibit B, attached hereto. SECTION J. Schedule 1, the Ma.ximum Assessable Impact Fee per Service Unit, incorporated by reference into Section 35-70.3(a) of the Códe of the City of Fort Worth (1986). as amended, is hereby amended and, after having been so amended, shall be and read as shown on Schedule 1, attached hereto. SECTION 4. Schedule 2, Collection Sschedule, incorporated. by reference into Section 35-70.3(b) ofllie Code of the City of Fort Worth (1986), as amended, is hereby amended and, after having been so amended., shall be and read as shown on Schedule 2, attached hereto. SECTION 5. Exhibit C, Water Benefit Area, incorporated by reference into Section 35-71.(a) of the Code of the City of Fort Worth (1986), as amended., is hereby amended and, after having been so amended, shall be and read as shown on Exhibit C, attached hereto. SECITON 6. Exhibit D, Water Capital Improvements Plan. incorporated by reference into Section 35-72.(a) of the Code ofllie City of Fort Worth (1986), as amended, is hereby amended and, after having been so amended, shall be and read as shown on Exhibit D, attached hereto. SECTION 7. Exhibit E, Wastewater Benefit Area, incorporated by reference into Section 35-76.(a) of the Code of the City ot Fort Worth (1986), as amended, is hereby amended and, after having been so amended, shall be and read as shown on Exhibit E, attached hereto. SECTION 8. Exhibit F, Wastewater Capital Improvements Plan. incorporated by reference into Section 35- 77.(a) of the Code of the City of Fort Worth (1986), as amended, is hereby amended and, after having been so amended, shall be and read as shown on Exhibit F, attached hereto. SECTION 9. This ordinance shall be cumulati ve of all provisions of ordinances and of the Code of the City of Fort Worth., Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTfON 10. It is hereby declared to be the intention, of the City Council that the sections, paxagraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remrJining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in tb.is ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 11. Tnis ordinance shall take effect and be in full force and effect trom and after June 5, 1996. ~~~RM AND LEGALITY fI.,ý¡.-r City Attorney c-- t ,¡ f/'- Date: ~ , -3-0¡96 ADOPTED: _ -.:¿g~ CJ ¿, EFFECTIVE: (p -, s< c¡ G:, SCHEDULE 1 WATER AND WASTEWATER Th1P ACT FEE ASSESSrvIENT SCHEDULE METER EQUIVALENCY WATER W ASTEW A TER SIZE FACTOR IMP ACT FEE IMP ACT FEE 3/4" 1.00 .$799.00 .$10 lï :00 1" 1.67 S133433 $1698.39 I 1/2" 3.33 .$2660.67 $3386.61 2" 5.33 $4258.67 $5420.61 3" 10.00 $7990.00 S10,170.00 4" .. 16.67 $13,3 19.33 $16,953.39 6" """-' .,.... $26,630.67 $33,896.61 ,)j.j,) 8" 53.33 $42,6 I 0.67 S54,236.61 10" 76.67 $61~59.33 $77,973.39 SCHEDULE 2 WATER AND WASTEWATER IMPACT FEE COLLECTION SCHEDULE tvŒTER EQUIVALENCY WATER WASTEWATER SIZE FACTOR IMPACT FEE* IMPACT FEE*· 3/4". 1.00 $356.00 $580.10 1" 1.67 $594.52 $968.93 1 112". 3.33 $1185.48 $1932.07 2". 5.33 $1897.48 $3092.47 3" 10.00 $3560.00 $5802.00 4" ~ 16.67 $5934.52 $9671.93 6". 33.33 S 11,865.48 $19,338.07 8" 53.33 $ 18,985.48 $30,942.07 10". 76.67 $27,294.52 $44,483.93 .., Water is 44.6% of the total maximum assessable amount *.., Wastewater is 57.1 % of the total maximum assessable amount " CITY OF NORTH RICHLAND HILLS , I Department: Public Works Approve Updated Capital Improvements Plan Subject: for Water and Wastewater Impact Fee Facilities Agenda Number: 9/22/97 PW 97 -21 Council Meeting Date: Knowlton-English-Flowers, Inc. has completed a final WATER AND WASTEWATER IMPACT FEE UPDATE REPORT dated July 31, 1997 which is the updated Capital Improvements Plan for water and wastewater impact fee facilities. This report was presented to Council at the September 2, 1997 work session. Maps in the back of the reports handed out at the work session graphically show the proposed improvements estimated to be installed within the 10-year planning period. Recommendation: The Capital Improvements Advisory Committee and staff recommend Council approve the Capital Improvements Plan by the consultant, Knowlton-English-Flowers, Inc. dated July 31, 1997. Finance Review Source of Funds: Bonds (GO/Rev,) Operating Budget _ Ot r Acct. Number Sufficient Funds Available "\- ;9n lure æ e-~Z CITY COUNCIL ACTION ITEM Finance OíreC1or Page 1 of CITY OF NORTH RICHLAND HILLS FINAL WA TER AND WASTEWA TER IMPA CT FEE UPDA TE REPORT July 31, 1997 Prepared for the CITY OF NORTH RICHLAND HILLS CITY COUNCIL, ADMINISTRA TIVE STAFF and PUBLIC WORKS DEPARTMENT 7301 N.£. LOOP 820 NORTH RICHLAND HILLS, TEXAS 76180 Prepared by Kno wlton-English-Flo wers, Inc. Consulting Engineers 1901 Central Drive, Suite 550 Bedford, Texas 76021 (817) 283-6211 · ; CITY OF NORTH RICHLAND HILLS Department: Public Works Adopt Amended Water and Wastewater Subject: Impact Fees - Ordinance No. 2241 Council Meeting Date: 9/22/97 Agenda Number: PW 97-22 This ordinance will take the place of Ordinance No. 1679 and its amendments by Ordinances No. 1701, 1708 and 1736. The only changes this ordinance will make will be to set new maximum impact fee levels as well as new impact fee collection levels. EXISTING vs. PROPOSED IMPACT FEES for 3/4" Metered Connection City of Fort Worth (FW) Maximum Impact Fee * NRH Maximum Impact Fee Water: Existing Proposed $ 725.00 $1,952.00 $ 839.00 $ 799.00 $1,285.00 $1,017.00 Total Maximum Impact Fee $1,564 $2,751 $1,510 $2,127 Wastewater: Existing $ 225.00 Proposed $1,110.00 * As adopted by North Richland Hills by ordinance. The recommended new collection rate is at 25% of the proposed maximum level for the North ~ Richland Hills portion of the impact fees (see attached table). The City of Fort Worth collection levels were determined by the Fort Worth Council after review by their Advisory Committee. The impact fees are collected from new customers at the time they request service connection to the systems. The Fort Worth wastewater impact fee is not collected from new customers in the north portion of the City which drains to the Trinity River Authority's Center Regional Wastewater Treatment Plant. The City of Fort Worth's portion of the wastewater fee collected is paid to Fort Worth on a quarterly basis. The fees collected per this ordinance will be spent for water and wastewater capital improvements as outlined in Exhibits liB", "C", and liD" of this ordinance. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ '\..- Ot r Acct. Number Sufficient Funds Available Signature CITY COUNCIL ACTION "EM /E C~~ Fin....,. Director Page 1 of All legal prerequisites to adopting this ordinance have been complied with. Since the public hearing on the updated capital improvements plan and amended impact fees was held September 22, 1997, the Council must by law take some type of action concerning these proposed amended fees by October 22, 1997. Recommendation: It is recommended Council approve Ordinance No. 2241. " 1 CITY OF NORTH RICH LAND HILLS W -.J c: aJ 0 ~... I- U >- ~ a::: c: ~ 0 ~u ~'"C ::J~ en (1) ... w (1) W:E u. 1-"'" Ue:;) ~ ~ a. 0 ~- UJ (1) (1) u. ... U It! a. E - :I: -)( a::: 0 It! Z ~~ UJ (1) (1) 1.1.. ... U It! a. E - '"C (1) c: ~ E o U UJ (1) (1) 1.1.. ... U It! a. E - .r: 't: o 3: 't: o 1.1.. - )( o It! ~:E ~ (1) ... It! :: (1) ... UJ It! 3: ~ (1) ... It! 3: c: o ... a. "¡: U UJ (1) Q It! ... o I- ~ (1) ... It! :: (1) ... UJ It! 3: ~ (1) ... It! 3: ~ (1) ... It! :: (1) ... UJ It! 3: ~ (1) ... It! 3: ~ o o ..-- o o L() N N ~ ~ o o ..-- o o L() N I'-- ~ E ..... :J a5 E t: 'x :J co u:2 o o ~ I'-- o C"1 ~ o o o ..-- L() - ..-- ~ o o ~ (!) L() ..-- ~ o o L() OJ N - ..-- ~ o o m C"1 OJ ~ ~ o o L() o o N ..-- ..-- ~ ~ o o L() o o N (!) C"1 ~ '"C ..... () C..... () U ~ () '- = :J 0 UU (!) ..-- m OJ N ..-- ~ o N N m (!) ~ (!) m (!) m L() ~ o N o OJ L() ~ (!) m ~ C"1 N ~ o o o ..-- ..-- ..-- ~ ~ o o ..-- o o N L() m ..-- ~ -0 E () :J Ô E a.. .- o x '- co 0..:2 o o OJ I'-- OJ ~ ~ o o I'-- N ..-- N ~ o o ..-- L() I'-- N ~ o o I'-- ..-- o - ..-- ~ o o m m I'-- ~ ~ o o ..-- o o OJ (!) ..-- ~ ~ o OJ I'-- N o o C"1 ~ L() ~ - co cn-o o () a.. ..... o u '- () a.. = UO «U - '- u.2 (!) (!) (!) o OJ l() ..-- (!) N L() ..-- ~ ..-- ~ o N OJ ~ I'-- ~ o I'-- I'-- L() OJ ~ (!) m I'-- I'-- I'-- ~ (!) m N N I'-- ~ o N o OJ l() ~ o N o OJ l() tfl (!) m ~ C"1 N ~ (!) m ~ C"1 N ~ ~ o ..-- ~ o l() N l() ..-- o l() I'-- I'-- N tfl ~ o l() N o o OJ OJ ~ tfl - ~-o o () 0....... o U ~ () a.. 0 ::::U co '- ..... 0 C/)..... ORDINANCE NO. 2241 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS APPROVING AND ADOPTING A CAPITAL IMPROVEMENTS PLAN FOR WATER AND WASTEWATER IMPROVEMENTS; PROVIDING FOR AND IMPOSING WATER AND WASTEWATER IMPACT FEES; PROVIDING TIME FOR COLLECTION OF IMPACT FEES; PROVIDING FOR THE ACCOUNTING OF FEES AND INTEREST; PROVIDING FOR REFUNDS; PROVIDING FOR UPDATE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Local Government Code, Chapter 395, as amended (the "Code") (formerly Tex. Rev. Civ. Stat. Ann. art. 1269j-4.11, as amended), provides a procedure enabling municipalities to enact impact fees; and WHEREAS, on September 23, 1996, the City Council conducted a public hearing, after compliance with all legal prerequisites, to consider land use assumptions to be used to develop a capital improvements plan pursuant to which water and wastewater impact fees would be imposed; and WHEREAS, on September 23, 1996, after compliance with all legal prerequisites, the City Council approved the land use assumptions; and WHEREAS, on September 22, 1997, the City Council conducted a public hearing, after compliance with all legal prerequisites, to consider adopting a capital improvements plan and imposing water and wastewater impact fees within the designated service area (the "Service Area") shown in Exhibit "A", attached hereto; and WHEREAS, the City Council hereby desires to adopt the updated capital improvements plan for water and wastewater improvements (the "Water and Wastewater Impact Fee Update Report") attached hereto as Exhibit "B" which was considered at the September 22, 1997 public hearing; and WHEREAS, the City Council hereby desires to adopt the capital improvements plans for water and wastewater improvements to the City of Fort Worth Wholesale Systems attached hereto as Exhibit "C" and "D" which was considered at the September 22, 1997 public hearing; and Page 10f7 City of North Rich/and Hills Ordinance No. 2241 WHEREAS, the Water and Wastewater Impact Fee Update Report and Capital Improvements Plans were developed by qualified professionals using generally accepted engineering and planning practices in accordance with Section 395.014 of the Texas Local Government Code; and WHEREAS, the City Council hereby finds and determines that all legal prerequisites have been complied with. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. INCLUSIONS That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. SECTION 2. CAPITAL IMPROVEMENTS PLAN The City Council hereby approves and adopts the Water and Wastewater Impact Fee Update Report and Capital Improvements Plans, copies of which are attached hereto as Exhibit liB", Exhibit "C", and Exhibit "0". Exhibit "B" addresses the portion of the overall North Richland Hills Capital Improvements Plan to be accomplished within the Service Area shown in Exhibit" A". Exhibits "C" and "D" are the Capital Improvements Plans for Water and Wastewater Impact Fees covering the City of Fort Worth's systems which include service to North Richland Hills as a wholesale customer. A copy of the Water and Wastewater Impact Fee Update Report and Capital Improvements Plan which includes Exhibits "B", "C", and "D" shall be maintained at all times in the City Hall. SECTION 3. DEFINITIONS When used in the ordinance, these terms shall be defined as follows: Capital Impact Fee: A charge in addition to water and wastewater connection charges made against the customer or property owner after June 19, 1990 to pay a proportionate share of the total cost of water and wastewater system improvements within the City. Capital Improvements Plan: The Water and Wastewater Impact Fee Study Capital Improvements Plan adopted by the City Council, as may be amended from time to time. Page 20f7 ~-----~'~'-'-~-- City of North Rich/and Hills Ordinance No. 2241 Capital Pro Rata Fee: A charge in addition to water and wastewater connection charges made against the customer or property owner prior to June 19, 1990 to pay a proportionate share of the total cost of water and wastewater system improvements within the City. City: City of North Richland Hills Director: The Director of Public Works for the City of North Richland Hills, Texas, or his authorized representative. Land Use Assumptions: The land use assumptions adopted by the City Council upon which the capital impact fees are based. SECTION 4. IMPACT FEE SCHEDULE A fee shall be charged against each lot or tract of land and the owner thereof whose water and/or wastewater line shall be connected with any water line and/or wastewater line in the Systems, and fees shall be charged at the following rates based on the water meter size: .North Richland Hills' System Impact Fees are shown on the attached Schedule"A". .Fort Worth's System Impact Fees are shown on the attached Schedule "B". From October 1, 1997, the City shall impose and collect impact fees shown on Schedule "A" based upon 25% of each item. Impact fees shown on Schedule "B" shall be imposed and collected at the levels shown on Schedule "C". All impact fees collected based on Schedule liS" will be paid to the City of Fort Worth on a quarterly basis. SECTION 5. INCREASING SIZE OF METER If a customer requests an increase in meter size to an existing service, the customer shall pay the fee difference for water and wastewater between the new level of service and the existing level of service as set out in Section 4 hereof. The additional fee shall be paid prior to the installation of the enlarged meter service. A request for additional sewer connections for developed property shall result in the assessment of an additional Wastewater Impact Fee per Schedule "A" and Schedule "C" at whichever fee levels are in effect at the time of the request. Page 3 of7 City of North Rich/and Hills Ordinance No. 2241 SECTION 6. PAYMENT OF AND ACCOUNTING FOR CAPITAL IMPACT FEE 1. The capital impact fee shall be fully paid in cash prior to the issuance of any building permit for the development and/or when application for water and/or sewer service is submitted to the City. 2. All capital impact fee funds collected shall be deposited in interest bearing accounts clearly identifying the category of capital improvements or facility expansions for which the impact fee was collected. Interest earned on the impact fees deposited is considered funds of the account on which it is earned and is subject to the same restrictions placed on use of impact fees. SECTION 7. REVIEW OF THE CAPITAL IMPROVEMENTS PLAN 1. The Land Use Assumptions and Capital Improvements Plan shall be updated at least every three years with the initial three year period beginning on the day the Capital Improvements Plan was adopted by the City Council. 2. The review, evaluation, and update of the Land Use Assumptions and Capital Improvements Plan shall be done in accordance with Chapter 395, Texas Local Government Code. SECTION 8. USE OF CAPITAL IMPACT FEES 1. Impact fee funds may be spent only for the purposes for which the impact fee was imposed as shown by the Capital Improvements Plan and as authorized by Section 8, paragraph 2. 2. All capital impact fees may be used to pay the cost of constructing capital improvements or facility expansions identified in the Capital Improvement Plan, including: a. construction contract price; b. surveying and engineering fees; c. land acquisition costs, including land purchases, court award and costs, attorney fees, and expert witness fees; and Page 40f7 City of North Rich/and Hills Ordinance No. 2241 d. fees actually paid or contracted to be paid an independent qualified engineer or financial consultant preparing or updating the Capital Improvements Plan who is not an employee of the City. 3. All capital impact fees may be used for the payment of principal and interest on bonds, notes or other obligations issued by or on behalf of the City to finance to capital improvements or facility expansions identified in the Capital Improvements Plan. SECTION 9. COMPLIANCE WITH OTHER REGULATIONS 1. In addition to the capital impact fees, each property owner shall: a. Construct or provide for the construction of all water and wastewater lines located within, contiguous or adjacent to their property necessary to satisfy the City's minimum specifications and requirements but that are not a part of the Capital Improvements Plan for the City. b. Pay all water and wastewater connection charges in accordance with applicable provisions of the City Code and all other rules and regulations of the City. SECTION 10. REFUNDS 1 . On the request of an owner of the property on which an impact fee has been paid, the City shall refund the impact fee if the existing facilities are available and service is denied or the City has, after collecting the fee when service was not available, failed to commence construction within two years or service is not available within a reasonable period considering the type of capital improvement or facility expansion to be construction, but in no event later than five years from the date of payment. 2. On completion of the capital improvements or facility expansion identified in the Capital Improvements Plan, the City shall recalculate the impact fee using the actual costs of the capital improvements or facility expansion. If the impact fee calculated based on actual cost is less than the impact fee paid, the City shall refund the difference if the difference exceeds the impact fee paid by more than 10 percent. 3. The City shall refund any impact fee or part of it that is not spent as authorized by this Section 8, within 10 years after the date of payment. Page 5 of 7 City of North Rich/and Hills Ordinance No. 2241 4. Any refund shall bear interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Article 1.03, Title 79, Revised Statutes (Article 5069-1.03, Vernon's Texas Civil Statues), or its successor statute. 5. All refunds shall be made to the record owner of the property at the time the refund is paid. However, if the impact fees were paid by another political subdivision or governmental entity, payment shall be made to the political subdivision or governmental entity. SECTION 11. AUTHORITY OF POLITICAL SUBDIVISIONS TO PAY FEE Political subdivisions and other government entities are subject to the impact fees imposed under this ordinance. SECTION 12. EFFECT OF THIS ORDINANCE 1. This ordinance is subject to amendment by the City Council pursuant to its governmental and legislative power and upon a finding and conclusion that the then current land use assumptions and actual development and construction of capital improvements or facility expansion reflect a change in the estimates and projections used to calculate the total projected number of service units and costs of capital improvements and resulting capital impact fees. 2. This payment and collection of the capital impact fees shall not obligate the City to provide any specific capital improvement unless approved by the City Council and shall not guarantee any specific level or quality of capital improvement or facility expansion. SECTION 13. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. All ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect provided that such repeal shall be Page 60f7 City of North Rich/and Hills Ordinance No. 2241 only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered in this ordinance. SECTION 14. EFFECTIVE DATE This ordinance shall be effective immediately from the date of passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS on this the day of APPROVED: Tommy Brown, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City Page 70f7 --- - EXHIBIT "A" J '. I -=== -_----1,--= Part of Ordinance No. 2241 -- ~;:g;;;~-~ - <: ,-~~g - - . -'l, ~.;;~.c: ..... '"' -~. ~ ~"':r____ _ ~, ~, ~----- ---- ".""MI:: \CAL! ... Hf~ =--=-~. -. - .--_._, -- --'---~_.- . - -~., ._~....---._-. iiL -----.- -- - --.:--~ ..----: ---. ~,---. .; -. .> LEGEND I.O.W. .. '.o~(cry lINES IAll"OAOS ) CITY l'-'" r liNES ~ .~ r::::JSE.VICE ",afA ~~~~ r:::.. ~ fÞ~OPOSt[) SERVICE AREA MAP ~"'r ..... N<ÐRTH RrCHLAND HILLS September 23, 1996 r .(~'",,-Óoo:,;_.ç,:~. I.. ____... _~_.__".._____ .----.---... ..........,--.---...-.....-. -- \-~~ ) EXHIBIT "B" Part of Ordinance No. 2241 CITY OF NORTH RICHLAND HILLS FINAL WA TER AND WASTEWA TER IMPA CT FEE UPDA TE REPORT July 31, 1997 Prepared for the CITY OF NORTH RICHLAND HILLS CITY COUNCIL, ADMINISTRATIVE STAFF and PUBLIC WORKS DEPARTMENT 7301 N.£. LOOP 820 NORTH RICHLAND HILLS, TEXAS 76180 Prepared by Knowlton-English-Flowers, Inc. Consulting Engineers 1901 Central Drive, Suite 550 Bedford, Texas 76021 (817) 283-6211 I I a~ I I I I I I I I I I I I I I I I EXHIBIT "C" Part of Ordinance No, 2241 CAPITAL IMPROVEMENT PLAN For Determination of WATER IMPACT FEES Prepared for: fÞ Fort Worth Water Deçortment Prepared by: CARTER & BURGESS, INC. In assoCŽation with CH2M HILL May 28, 199ó · · ~ · II II I II I I - I I I I I I I I EXHIBIT "0" Part of Ordinance I\JO, 2241 CAPITAL IMPROVEMENT PLAN For Determination of WASTEWATER IMPACT FEES Prepared for: fÞ Fort Worth Water ~ Prepared by: CARTER & BURGESS, INC. In association with CH2M HILL lvfay 28, 1996 SCHEDULE "A" Water and Wastewater Impact Fees (North Richland Hills System) Equivalency Meter Size Factor Water Wastewater Total 3/4 Inch 1.00 $1,952 $1,110 $3,062 1 Inch 1.67 $3,260 $1,854 $5,114 1-1/4 Inch 2.77 $5,407 $3,075 $8,482 1-1/2 Inch 3.33 $6,500 $3,696 $10,196 2 Inch 5.33 $10,404 $5,916 $16,320 3 Inch 10.00 $19,520 $11 , 1 00 $30,620 4 Inch 16.67 $32,540 $18,504 $51,044 6 Inch 33.33 $65,060 $36,996 $102,056 8 Inch 53.33 $104,100 $59,196 $163,296 10 Inch 76.67 $149,660 $85,104 $234,764 Note: Source of Equivalency Factors is American Water Works Association, Manual of Water Supply Practices No. M6, "Water Meters-Selection, Installation, Testing, and Maintenance. SCHEDULE "B" Water and Wastewater Impact Fees (Fort Worth Systems) Meter Size Equivalency Factor Water Wastewater 3/4 Inch 1.00 $799.00 $1,017.00 1 Inch 1.67 $1,334.33 $1,698.39 1-1/2 Inch 3.33 $2,660.67 $3,386.61 2 Inch 5.33 $4,258.67 $5,420.61 3 Inch 10.00 $7,990.00 $10,170.00 4 Inch 16.67 $13,319.33 $16,953.39 6 Inch 33.33 $26,630.67 $33,896.61 8 Inch 53.33 $42,610,67 $54,236.61 10 Inch 76.67 $61,259.33 $77,973.39 SCHEDULE"C" Water and Wastewater Impact Fees Collection Schedules (Fort Worth Systems) Meter Size Equivalency Factor Water · Wastewater .. 3/4 Inch 1.00 $356,00 $580.20 1 Inch 1.67 $594.52 $968.93 1-1/2 Inch 3.33 $1,185.48 $1,932.07 2 Inch 5.33 $1,897.48 $3,092.47 3 Inch 10.00 $3,560.00 $5,802.00 4 Inch 16.67 $5,934.52 $9,671.93 6 Inch 33.33 $11,865.48 $19,338.07 8 Inch 53,33 $18,985.48 $30,942.07 10 Inch 76.67 $27,294.52 $44,483.93 .. Water is 44.6% of the total maximum assessable amount. ·*Wastewater is 57.1 % of the total maximum assessable amount.